WALLER COUNTY STATUTORY COURT PROVISIONS

 

Sec. 25.2391. Waller County

(a) Waller County has one statutory county court, the County Court at Law of Waller County.

(b) The County Court at Law of Waller County sits in Hempstead.

Sec. 25.2392. Waller County Court at Law Provisions

(a) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Waller County has:

(1) concurrent with the county court, the probate jurisdiction provided by general law for county courts; and

(2) concurrent jurisdiction with the district court in:

(A) civil cases in which the amount in controversy exceeds $500 and does not exceed $20,000, excluding interest; and

(B) family law cases and proceedings.

(b) A county court at law has four terms of court beginning on the first Mondays of January, April, July, and October of each year.

(c) The judge of a county court at law must:

(1) have been a bona fide resident in the county for at least two years before appointment or election;

(2) be a qualified voter in the county;

(3) be at least 30 years of age; and

(4) be a licensed attorney in this state who have actively practiced law in the state for at least five years before appointment or election.

(d) The judge of a county court a law may not engage in the private practice of law.

(e) The judge of a county court at law shall be paid an annual salary that is at least equal to 85 percent of the amount paid by the state to a district judge. The salary shall be paid by the county treasurer on order of the commissioners court. The judge of a county court at law is entitled to travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.

(f) A special judge of a county court at law with the same qualifications as the regular judge may be appointed in the manner provided by the law for the appointment or election of a special county judge. If a judge of a county court at law is disqualified to try a case pending in the judge's court, the parties or their attorneys may agree on the selection of a special judge for the case. A special judge is entitled to the same rate of compensation as the regular judge.

(g) The district clerk serves as clerk of a county court at law in family law cases and proceedings, and the county clerk serves as clerk of the court in all other cases and proceedings. The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve the court.

(h) The judge of a county court at law may appoint an official court reporter or the judge may contract for the service of a court reporter under guidelines established by the commissioners court.

(i) If a case enumerated in Subsection (a) (2) is tried before a jury, the jury shall be composed of 12 members.

(j) The laws governing the drawing, selection, service, and pay of jurors for county courts apply to a county court at law. Jurors regularly impaneled for a week by the district court may, on request of the judge of a county court at law, be made available and shall serve for the week in a county court at law.

(k) Appeals in civil and criminal cases from judgments and orders of the county court at law are the court of appeals as provided for appeals from district and county courts. All cases appealed from the justice courts and other inferior courts in the county are to a county court at law, unless otherwise provided by law.

Sec. 25.2392. Waller County Court at Law Provisions

(a) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Waller County has concurrent jurisdiction with the district court in family law cases and proceedings.

(See main volume for (b))

(c) Repealed by Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.

(See main volume for (d) to (k))

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