Pre-trial refers to the time period in a case before the trial is held. Below are some procedures that parties in a small claims case may encounter during the pretrial period.
Jump to a topic:
Motion to Transfer Venue | Discovery | Requesting a Jury | Default Judgment | Summary Disposition | Pretrial Conference | Dismissed for Want of Prosecution (DWOP)
In Texas, the term "venue" refers to the county where a lawsuit may be filed. State laws governing venue are in Chapter 15 of the Texas Civil Practice and Remedies Code.
Venue is not the same as jurisdiction. Jurisdiction refers to whether a court has the authority to hear a particular type of lawsuit.
If a defendant believes the case against them has been filed in the wrong venue, they may request that the court transfer the case to the court with proper venue. To do this, the defendant can file a "motion to transfer venue."
The motion to transfer venue must be filed before trial, no later than 21 days after the defendant’s answer is filed. If it is not, the objection may be waived and the case may remain in the court where it was originally filed.
See the "Civil Procedure - Filing Through Trial" section on the Forms page of the Texas Justice Court Training Center's website for a sample motion and order for a transfer of venue.
Discovery is a legal process that allows parties to request information from one another. Discovery is a way for parties to collect and gather evidence for their case.
This process can be done before the trial (pretrial) as well as after the trial (post-judgment). Discovery is commonly used in cases filed in the county and district courts. It is far less common in justice court.
Pretrial discovery in justice court can only be done if approved by the judge. If granted, it is limited to what the judge considers reasonable and necessary for that case.
Texas court rules state any party is entitled to a trial by jury in a civil case in justice court. To request a trial by jury, a party must file a written demand for a jury no later than 14 days before the date a case is set for trial.
The party demanding a jury must pay a fee or file a Statement of Inability to Afford Payment of Court Costs. If no party files a timely demand for a jury, then the judge will try the case without a jury.
A default judgment is a type of court order that can be given to a plaintiff. A judge will issue a default judgment when a defendant fails to file an answer to the lawsuit or if they fail to appear in court. Court rules state that certain conditions must be met before a default judgment can be issued.
A defendant may file a Motion to Set Aside Default Judgment no later than 14 days after the judgment is signed.
See the "Civil Procedure - Default Judgment and Dismissal" section on the Forms page of the Texas Justice Court Training Center's website for a sample motion and order to set aside a default judgment.
A summary disposition is a way to decide a case in justice court without having a trial. A motion for summary disposition may be submitted by either party. Court rules state a motion must be granted if it shows that:
(1) there are no genuinely disputed facts that would prevent a judgment in favor of the party;
(2) there is no evidence of one or more essential elements of a defense which the defendant must prove to defeat the plaintiff’s claim; or
(3) there is no evidence of one or more essential elements of the plaintiff’s claim.
See the "Civil Procedure - Filing Through Trial" section on the Forms page of the Texas Justice Court Training Center's website for sample motions and order for a summary disposition.
A pretrial conference may be required by the court or it can be requested by either party. In a pretrial conference, parties will meet with the judge in order to get the case ready for trial.
If a case sits too long with no action, the court may decide to dismiss the case. This type of dismissal is known as "dismissed for want of prosecution" (DWOP).
The court will notify the plaintiff that the case will be dismissed if they do not take action to have it kept open. If a case was dismissed, the plaintiff would need to motion the court to try and have it reinstated.
These e-books contain information on small claims cases and justice courts. These e-books can be viewed by those who have signed up for a free library account with the State Law Library. Only Texas residents are eligible to create an account. Creating an account is free.
These print books at the State Law Library contain information related to small claims cases and justice courts. If you are not able to visit the State Law Library in Austin, these books might be available at a law library near you or a public library near you.