ORDER NO. 30678
FILING CASES OF CONCURRENT JURISDICTION BETWEEN 198TH AND
216TH DISTRICT COURTS AND COUNTY COURT AT LAW
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Oehler. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Amended Order pertaining to filing certain cases of concurrent
jurisdiction between the 198th and 216th District Courts and County Court At Law,
of Kerr County, Texas, and authorize the County Judge to sign same.
30~~~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Judge Tinley OFFICE: County Judge
MEETING DATE: January 14, 2008
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to approve amended order
pertaining to filing certain cases of concurrent jurisdiction between the 198t" and 216`"
District Courts and County Court At Law, of Kerr County, Texas, and authorize the
County Judge to sign same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Judge Tinley
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
5:00 PM previous Tuesday
@ .M.
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
AMENDED ORDER PERTAINING TO THE FILING OF CERTAIN CASES
OF CONCURRENT JURISDICTION BETWEEN 198 AND 216 DISTRICT
COURTS AND COUNTY COURTS AT LAW OF KERR COUNTY, TEXAS
Pursuant to Government Code, Section 25.1351, the following orders
designating a plan governing the filing, numbering, and docketing of certain
cases within the concurrent jurisdiction of the District Courts and County Court
at Law of Kerr County, Texas, are hereby made effective on the date of signing.
Rule 1. The cases affected by this order which are within the concurrent
jurisdiction of the Courts are as follows: (a) Civil cases in which the matter in
controversy exceeds $500.00 and does not exceed $100,000.00 exclusive of
interest and attorney's fees; (b) Titles 1 (husband and wife), Texas Family
Code Annotated, and (c) Eminent domain cases. The County Court at Law does
not have concurrent District Court jurisdiction over matters reserved for the
District Courts by constitution or statute, other than those stated in Section
25.1352 and 25.0003, Government Code.
Rule 2. Exception: Those cases which are filed in the Justice Courts of
Kerr County are excepted from the provisions of this order.
Rule 3. The District Clerk of Kerr County, Texas, shall receive for
assignment, file and process all cases mentioned in Rule 1. The District Clerk
may receive filing fees for filing and processing cases in amounts directed by
statutes and the law. The District Clerk shall mark on the papers filed, the date
and time such papers are received, and assign to the case any numbers or
letters for the purpose of assigning such cases. The District Clerk shall docket
all cases and issue proper process, or writ in the case as prescribed by the
rules of Civil Procedure and local rules of District Court and County Court at
Law.
Rule 4. The District Clerk, upon assigning a case to the County Court at
Law, shall stamp or mark on the case papers a designation of such assignment.
In cases requiring immediate attention by the Court, said assignment shall be
made as soon as possible to the Court selected. The Clerk may set up
procedures for determining which cases are within the jurisdiction of the
Courts involved. The Judge of any Court to which a case is assigned may
transfer such case to another Court if he is disqualified from hearing said cause.
Rule 5. The County Clerk shall forward all pending civil cases submitted
for filing in the County Court at Law and subject to the provisions of this order
to the Clerk of the District Courts to be processed as all other cases filed with
the Clerk of the District Courts. No additional fees shall be charged in these
cases by reason of their transfer to the District Courts. All future filed cases
shall be subject to the fees allowed by statute for the Clerk of the District
Courts. The District Clerk shall immediately notify all parties and their
attorneys of the transfer.
IT IS ORDERED that these rule be effective immediately upon sigzt~tg ~'
all of the Judges involved, and a copy of said rules shall be recorded~`n tih
minutes of each Court involved. These rules shall be published to the ~~f end
may be subject to approval by the Supreme Court of Texas.
APPROVED this th~~ day of December, 20~~
~~ Linda Uecker, District Clerk
Jannett Pieper, County Clerk
SO ORDERED:
~~~, 20d~
Sp ce . B wn, Judge, County Court At Law
,200$
Stephe B, es Judge, 216th Judicial District Court
2(~
Emil Karl Prohl, Judge, 98th Judicial District Court
APPROVED BY THE COMMISSIONERS COURT ON , 20~
:ounty Judge
. Texas
-~ J ~ER PBRTAIHING TO tILI1IG ~ES
0! Ct~ICO1lltEMT 'JttRI8O=CtlOlt • StT11EE~1 - • ` `~ ° ,
19sTB AIgO Z16TB DISTRICT COORTS AND
COUNTY COURT AT LAi!
Pursuant to Article 1970-388,- Section 11, Vernon'a
Ann. Civ. Stat, teffective August 26, 1985), the following
orders designating a plan governing the filing, numbering,
;:
and docketing of cases within the concurrent jurisdiction of
the District Courts and County Court at Law of Kerr County,
Texas, are hereby made effective on the date of signing.
RULE 1. The cases affected by these orders which are '
within the concurrent jurisdiction of the Courts are as
follows: ta) Civil cases in which the matter in controversy
exceeds $1,000.00 and does not exceed $50,000.00, exclusive
of interest and attorney's fees; (b) Titles 1 thusband and
wife), 2 (parent and child) and 4 (protection of the
family), Texas Family Code Annotated; and (c) Eminent domain
cases. The County Court At Law does not have concurrent
District Court jurisdiction over matters reserved for the
District Courts by constitution or statute, other than those
stated in Article 1970-388, Section 2(c) and (d), V.A.C.S.
RULE 2. The District Clerk of Kerr County, Texas,
shall receive for assignment all cases mentioned in Rule 1,
for the sole purpose of instituting a central filing office.
The District Clerk may receive a filing fee and deposits
prior to accepting any case. The District Clerk may mark on
the papers filed the date and time such papers are received,
and assign to the case any numbers or letters for the
purpose of assigning such cases. The District Clerk shall
randomly assign such cases to each of the District Courts
and County Court At Law by any method reasonably designed to
equalize the distribution of the cases to the Courts
involved. The District Clerk shall not docket the case or
otherwise issue any process, or writ in a case unless it iv
.docketed in an assigned District Court.
RULE 3. The District Clerk, upon assigning a case to
the County Court At Law, shall stamp or mark on the case
papers a designation• of such assignment, and deliver the
case papers, and costs deposited, to the County Clerk for
`., . ' „~
filing. in case~equirinq immediate attan~n by tha_Court_,
said assignment sha~l'be siade''~a's soon as posai~le~`to `the
Court selected. The Clerk may set up procedures for
determining which cases are within the jurisdiction of the
Courts involved. The Judge of either Court to which a case
is assigned may transfer such case to another court if he is
disqualified from hearing said cause.
RULE 4. Upon receipt of the case papers, the County
Clerk shall issue a receipt to the District Clerk for costs
received, and any other proof that the case papers are
assigned to the County Court At Law. The County Clerk shall
then docket the case and assign it a cause number consistent
with other cases in that Court. The County Clerk shall then
notify the filing attorney that the case has been filed in
the County Court At Law, and advise the attorney as to the
cause number and date of the next docket call for civil
cases.
RULE 5. Upon the docketing of a case in the
appropriate Court, the case may not be transferred except in
compliance with Article 1970-388, Section 10, V.A.C.S. These
rules do not apply to the initial transfer of cases
authorized by Section 15 of said statute.
IT IS ORDERED that these rules be effective
immediately upon signing by all of the Judges involved, and
a copy of said Rules be recorded in the minutes of each
Court involved. These rules shall be published to the Bar
and may be subject to approval by the Supreme Court of
Texas .
k -4-~ ~. n..~
Robert R. Barton
Jude, 216th District
Cou t ~
FILED
OCT 2 8 9E5
...
~A
SIGNED this ~~
V. M ry Jorda '
Jud 198th istrict
CO t
•
William L. Baske e, Jr.
Judge, County C urt at
Law
~ of ~~~~_, 1985.