Texas Government Code 30.00049 – Complaint; Prosecution; Pleading
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(a) A proceeding in a municipal court of record commences with a complaint. The complaint must begin “In the name and by the authority of the State of Texas” and must conclude “Against the peace and dignity of the State.” If the offense is only covered by an ordinance, it may also conclude “Contrary to the said ordinance.”
(b) A complaint before the court may be sworn to before an officer authorized to administer oaths or before the municipal judge, clerk, city secretary, or city attorney, or the assistant or deputy of the judge, clerk, city secretary, or city attorney, each of whom may administer oaths for that purpose.
Terms Used In Texas Government Code 30.00049
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- 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.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
(c) A complaint must be in writing and must state:
(1) the name of the accused, if known;
(2) an accurate description of the accused, if the name is unknown;
(3) in plain and intelligible words, the offense with which the accused is charged;
(4) the place where the offense was committed, which must appear to be within the jurisdiction of the court; and
(5) the date on which the offense was committed, which must show that the offense is not barred by limitations.
(d) A prosecution in a court shall be conducted by the city attorney or an assistant or deputy city attorney.
(e) All pleadings must be in writing and must be filed with the clerk.