Texas Government Code 25.2452 – Wichita County Court At Law Provisions
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(a) In addition to the jurisdiction provided by § 25.0003 and other law, including the general jurisdiction provided for a county court at law by the Estates Code, a county court at law in Wichita County has concurrent jurisdiction with the county court in:
(1) appeals from municipal courts of record in Wichita County as provided by Subchapter H, Chapter 30;
(2) misdemeanor cases; and
(3) probate and mental health matters.
(b) All misdemeanor cases, probate and mental health matters, and appeals from municipal courts of record shall be filed in the county court at law. A county court at law may transfer a case or an appeal described by this subsection to the county court with the consent of the county judge.
Terms Used In Texas Government Code 25.2452
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Probate: Proving a will
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
(c) Except as provided by § 25.0003 and Subsection (d), a county court at law has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings under the Family Code; and
(2) civil cases.
(d) A county court at law does not have jurisdiction of:
(1) a case under:
(A) the Alcoholic Beverage Code;
(B) the Election Code; or
(C) the Tax Code;
(2) a matter over which the district court has exclusive jurisdiction; or
(3) a civil case, other than a case under the Family Code or the Estates Code, in which the amount in controversy is:
(A) less than the maximum amount in controversy allowed the justice court in Wichita County; or
(B) more than $200,000, exclusive of punitive or exemplary damages, penalties, interest, costs, and attorney’s fees.
(e) On the motion of any party, a county court at law may transfer a civil case originally filed in a county court at law that exceeds the maximum amount in controversy described by Subsection (d)(3)(B) to the district court in Wichita County, except that an announcement of ready for trial by all parties before a motion to transfer the case to the district court is filed confers original jurisdiction on the county court at law. A case that is transferred to the district court shall be completed under the same cause number and in the same manner as if the case were originally filed in the district court.
(f) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(98), eff. January 1, 2012.
(g) The judge of a county court at law shall be paid an annual salary that is $1,000 less than the total annual salary received by a district judge in the county. The salary shall be paid out of the county treasury by the commissioners court. The judge shall be paid in installments in the same manner as other county employees. The judge is also entitled to receive travel expenses and necessary office expenses, including administrative and clerical assistance, in the same manner as the county judge.
(h) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(98), eff. January 1, 2012.
(i) The district clerk of Wichita County serves as the clerk of the county courts at law in Wichita County in all civil cases except probate and mental health matters. The county clerk serves as clerk in cases involving criminal, probate, or mental health matters.
(j) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(98), eff. January 1, 2012.
(k) Except as otherwise required by law, if a case is tried before a jury, the jury shall be composed of six members and may render verdicts by a five to one margin in civil cases and a unanimous verdict in criminal cases.