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Small Claims Cases

This legal research guide provides information about small claims cases in justice court and provides links to filing information for select Texas counties.

Trial


How Does a Case Get Set for Trial?

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.

Can it be Rescheduled?

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.

Court Rules

Understanding the Law

Request to Record the Proceedings

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

Understanding the Law

What to Expect at Trial

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.

Judgment

At the end of the trial, the judge will issue a document called a judgment. The judgment will:

  • state who the winning party is — the plaintiff or the defendant
  • note the amount of money awarded to the winning party
  • note which party will be responsible for paying the court costs

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.

Court Rules

Understanding the Law

Forms

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.

E-Books Available from the Texas State Law Library

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.

Books at the Texas State Law Library

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.