Note The library cannot tell you what the law means for your situation.
Rule 503.3(a) of the Texas Rules of Civil Procedure states that after the defendant files their answer, the case should be set on the trial docket at the discretion of the judge.
How a trial date is set varies by court. Some courts may set a date on their own, while others may require the parties to file a motion. Check the justice court's local court rules for information on how to set a trial date or contact the clerk of the court directly for assistance. To find local court rules, visit the Texas Courts' TOPICs website.
Rule 503.3(b) states that a party may file a motion requesting that the trial be postponed and that the motion must state the reason why it is necessary. The court may also postpone the trial on its own motion.
There is no state law or court rule requiring civil court hearings in justice court to be recorded.
If a party would like a hearing to be recorded, they will generally need to make a request with the court. If the court agrees, the hearing may be transcribed by a court reporter (usually paid for by the party) or recorded using audiovisual equipment
The resources below discuss what the trial process looks like in justice court. They also provide an overview on what parties should expect when they arrive for their court date.
At the end of the trial, the judge will issue a document called a judgment. The judgment will:
After a judgment has been issued in a small claims case, the losing party may choose to file a Motion for New Trial. it must be filed no later than 14 days after the judgment is signed. Other post-judgment remedies are discussed in the deskbook linked below.
See the "Civil Procedure - Trial, Judgment, and Appeals—Appeal and New Trial Forms" section on the Forms page of the Texas Justice Court Training Center's website for a sample motion and order for a motion for new trial.
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.
Note The library cannot tell you what the law means for your situation.