Rules of the Municipal Court

The rules below explain how cases are handled in the Fredville Municipal Court and what the court expects of defendants, attorneys and visitors. A complete copy of the rules of the court is also available as a PDF download.

Overview
Rule 1 – Pleas
Rule 2 – Courtroom Behavior and Decorum
Rule 3 – Notice of Settings
Rule 4 – Motions
Rule 5 – Appearances Outside a Scheduled Setting
Rule 6 – Pretrial Docket for Self-Represented Defendants
Rule 7 – Attorneys
Rule 8 – Juveniles and Minors
Rule 9 – Ancillary Dockets
Rule 10 – Trials
Rule 11 – After Trial
Rule 12 – Warrants
Rule 13 – Case Transfers
Rule 14 – Substitute Judges

Rule 1: Pleas

1.1 How to enter a plea. You may enter a plea in person at the court, send it by mail, or leave it in the court's after-hours drop box. Pleas sent by fax or email are not accepted.

1.2 Pleas must be written. Every plea has to be in writing. A defendant who enters a plea of “guilty” or “no contest” in person at the court must initial it.

1.3 Mailed pleas. For a plea or a payment sent by mail, the postmark date counts as the date it was entered or received. Under Article 27.14(c) of the Texas Code of Criminal Procedure, paying a fine is treated as a plea of no contest (nolo contendere).

1.4 Asking for assistance.

If you need a language interpreter, ask for one in writing when you enter your plea.
If you have a disability and need special help, make that request when you enter your plea.

Rule 2: Courtroom Behavior and Decorum

2.1 Order. Everyone who comes into the courtroom must act with dignity and respect, and order will be kept at all times. Breaking this rule can lead to a warning from the judge, removal from the courtroom, or a contempt finding punishable by up to three days in jail, a fine of up to $100, or both.

2.2 Expectations for attorneys. The court has adopted, by reference, Section IV of the Texas Lawyer's Creed (its professional conduct standards), issued jointly by the state's Supreme Court and its Court of Criminal Appeals, as the guidelines for lawyers who try cases in the Fredville Municipal Court. In particular, attorneys must:

Arrive on time for every setting and be back promptly after each recess.
Dress appropriately for every court proceeding.
Stand up, and stay standing, while speaking to the court.
Direct every statement, request and objection to the court rather than to the lawyer on the other side.
Argue objections in front of the jury only if the court has first given permission.
Avoid interrupting or talking over opposing counsel, except to state a formal objection.
Stay seated at counsel table while questioning witnesses.
Ask the court's permission before approaching the bench, or before approaching a witness when documents or physical evidence must be handled.
Never make, or hint at, insulting or demeaning remarks about the other lawyer, a witness or a defendant.
Address the judge as “Your Honor” or “Judge.” Unless the court allows otherwise, refer to lawyers, parties and witnesses (other than children) by last name with a title such as Mr., Mrs., Ms. or Dr. First names, nicknames and discriminatory or otherwise inappropriate references are not allowed.
Stay on the same side of the bar while court is in session unless the court or the bailiff gives permission to cross it.
Keep off the bench, except when leaning in is needed so jurors cannot overhear a bench conference.
Make sure clients, witnesses and anyone else under their direction know these rules of behavior and decorum.

2.3 Expectations for everyone. Anyone in the courtroom during a trial or other proceeding must pay attention and avoid anything that could disrupt it. In addition:

Dress in a way that respects the dignity and seriousness of the court. Not permitted: tank tops; clothing that shows underwear, lingerie or a bare midriff; shorts; torn or dirty clothing; hats, caps or do-rags; and sunglasses.
Tobacco of any kind may not be used.
Food, bottles, drink containers and paper cups stay out of the courtroom unless the court allows them.
Gum chewing is not allowed.
Do not read books, magazines or newspapers.
Keep your feet off the tables and chairs.
Do not talk or make noise that disrupts the proceedings, and never talk while the judge is speaking.
Do not react to testimony, statements or anything else that happens in the courtroom by nodding, shaking your head, making faces or any other way of showing that you agree or disagree.
Stand when the judge enters the courtroom and whenever the bailiff asks you to.
Do not bring boxes, suitcases, packages, shopping bags, duffel bags or similar containers into the courtroom unless the bailiff has approved them in advance.
Do not speak to or touch anyone who has been taken into custody unless the bailiff or the court approves it first.
Cell phones, recorders and other electronic devices need advance approval from the bailiff or the court before they come into the courtroom, and they are allowed only to present evidence or support testimony in a case.
Phones must be silenced in the court lobby, and you may not use a phone while a clerk is helping you at the window.
Do not lie down or recline anywhere in the courtroom unless the judge specifically allows it.

2.4 Weapons. No weapons of any kind may be brought into the courtroom, except items that will be presented as evidence. Peace officers who hold a commission may carry weapons in the courtroom. The judge may order any object taken out of the courtroom.

Rule 3: Notice of Settings

Each party, or the party's attorney, will receive written notice of the date, time and type of every setting, either handed over in person or mailed to the most recent address on file. Anyone with business before the court is responsible for arriving on time on the date and at the time listed in that notice. Dispositions, extensions, court dates and resets cannot be arranged over the phone.

Calling the court does NOT count as an appearance.

Rule 4: Motions

4.1 Continuances. Chapter 29 of the Texas Code of Criminal Procedure controls continuances. The rules here add to that chapter; they do not take its place.

4.11 Form. File each motion for continuance in writing with the court clerk as soon as you learn a continuance is needed. If a motion is filed fewer than five working days before the scheduled event, the judge will rule on it when the docket is called, and the person who filed it must be present. Every motion must include:

the cause number;
the defendant's name;
the date and time of the hearing you want moved;
the specific facts that justify a continuance; and
an attached order for the judge to rule on.

A motion missing any of these items will be denied, but you keep the right to file it again.

4.12 Denied continuances. If the court turns down a continuance request and the defendant or the attorney then misses the original setting, a cash bond, in whatever amount the court sets, is required before any later setting. Defendants are responsible for finding out whether their motion was granted.

4.2 Withdrawing from a case. An attorney who appears for a defendant, or who tells the court that he or she represents the defendant, stays the attorney of record until the court grants a motion to withdraw or to substitute other counsel. An attorney who posted bond for a client owes a $40 charge for each case in which a motion to withdraw is granted.

4.21 Withdrawal without a hearing. The court will grant a motion to withdraw without a hearing only if the attorney:

files a certificate giving the defendant's most recent known address; and
files the client's signed, written consent to the withdrawal. If the attorney cannot get the client's signature, the motion must explain (1) what is preventing the attorney from obtaining written consent, and (2) that the client was told of the attorney's plan to withdraw by being sent a copy of the motion.

4.22 Substituting counsel. When the attorney of record arranges for a different lawyer to try the case, the attorney of record must file a written motion to substitute counsel.

4.3 Pretrial motions. In every case, pretrial motions must be filed in writing. Each one must come with an order setting it for a hearing (when either side asks for a hearing) and an order for the judge's ruling. Issues that are not raised through a pretrial motion filed this way are waived and will not be heard before trial. Chapter 28 of the Texas Code of Criminal Procedure controls pretrial motions, and these rules supplement it.

4.31 Hearings. When either party asks in writing, the court may, at its discretion, schedule a hearing on a pretrial motion. Those hearings take place just before the trial on the merits begins.

4.32 Filing deadline. Unless the court gives permission otherwise, all pretrial motions must be filed no later than 14 days before trial.

4.33 Service. Whoever files a pretrial motion must deliver a copy to the opposing party or counsel within three days of filing, either by hand or by certified mail.

4.34 Subpoenas and evidence. When a defendant moves to suppress evidence, the State must make sure every necessary witness appears. In all other situations, each side subpoenas the witnesses and physical evidence it needs.

4.4 Filing motions. All motions, continuance requests included, go to the Municipal Court clerk in triplicate (three copies). A motion filed any other way will be sent back to the party who filed it. The court does not accept motions by fax, email or any other electronic method.

Rule 5: Appearances Outside a Scheduled Setting

5.1 In general. Unless they show good cause, defendants and their attorneys usually cannot meet with the prosecutor or the judge about a specific case outside the regular docket settings.

5.2 Court files. Defendants and their lawyers may look through court files while court staff are present. Clerks will hand files only to court personnel, and a file may leave the courtroom only with the judge's permission or while a city attorney or assistant city attorney is present.

Rule 6: Pretrial Docket for Self-Represented Defendants

6.1 In general. When a defendant who does not have a lawyer pleads “not guilty,” the case goes on a pretrial docket before it is set for trial.

6.2 At the pretrial docket. The defendant will have a chance to talk with the prosecutor and learn about options other than going to trial.

Rule 7: Attorneys

7.1 Letters of representation. An attorney who will appear for a defendant must submit a letter of representation for each case. The court will not list the attorney as attorney of record on any case the letter does not specifically name. To get a file-stamped copy back for your records, include one extra copy and a self-addressed, stamped envelope. No letter is needed for a case in which the court has already granted a motion to substitute counsel.

7.2 Attorney pleas. The provisions on attorney pleas, along with Rules 8 through 14, appear in the full rules of the court (PDF).

For other court information, visit the Municipal Court page.

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