Level 1—Limited Jurisdiction. Justice of the peace courts and municipal (or city) courts have limited jurisdiction, meaning that their authority is restricted to certain cases. The cases these courts decide may be limited by the subject, the amount of money involved, or the sentence that can be imposed. Show
Level 2—General Jurisdiction. The general jurisdiction court is the Superior Court of Arizona, a statewide trial court. This court hears the widest variety of cases. Each county has at least one superior court facility, and it is referred to by its county location—for example, the Superior Court in Maricopa County. Level 3—Appellate Jurisdiction. The Court of Appeals and the Supreme Court are Arizona’s appellate courts. The state appellate courts have jurisdiction to review trials and decisions appealed to them. The two divisions of the Court of Appeals hear most of the appeals that come from the superior court, except for death penalty appeals and some cases involving elected officials and disputes between counties, which go directly to the Supreme Court. To appeal a decision from the Court of Appeals, the appellant must file a petition for review by the Supreme Court. The Supreme Court justices evaluate the petitions for review and decide whether they will hear the case. Unlike the Court of Appeals, the Supreme Court is not required to hear every appeal.
Government » Courts » Justice of the Peace Courts The Texas constitution provides that the justice of the peace courts have original jurisdiction in criminal matters of Class C Misdemeanor cases punishable by fine only, and civil matters involving not more than $20,000. The Justice of the Peace Courts Civil CasesThe Justice Courts in Texas are created under Chapter 27 of the Texas Government Code. Justice courts have jurisdiction of civil matters in which the amount in controversy is not more than $20,000. Justice courts also have jurisdiction of suits relating to enforcement of a deed restriction of a residential subdivision that does not concern a structural change to a dwelling.
Rules of Procedure and EvidenceThe Texas Rules of Civil Procedure govern procedures in the Justice Courts. All rules governing the district and county courts also govern the Justice Courts insofar as they can be applied, except where otherwise specifically provided by law. Rule 523, Texas Rules of Civil Procedure.
Designation of PartiesIn legal terms, the party bringing the action is called the "Plaintiff." The one against whom the action is brought is called the "Defendant." Filing Civil CasesTo begin an action in the Justice Court, it is recommended that the plaintiff file a Justice Court Petition in writing stating the nature of the Cause of Action, and the damages requested.
Service of the Citation
Defendant's Responsibilities When Served
Venue and Appearance
Military Status Affidavit
The Justice of the Peace Courts Criminal CasesJustices of the Peace have original jurisdiction in criminal cases punishable by fine only, or punishable by a fine and a sanction not consisting of confinement or imprisonment. Criminal procedures for cases that are within the criminal jurisdiction of the Smith County Justice Courts are found in Chapter 45 of the Texas Code of Criminal Procedure. The Rules of Evidence governing the trials of criminal actions in the District Courts apply to a criminal proceeding in the Justice Courts. The Smith County District Attorney prosecutes traffic cases filed in the Smith County Justice Courts. Jurisdiction of the Justice of the Peace Criminal CourtIn addition to Class C traffic offenses, the Justice of the Peace Court also handles a variety of criminal Class C misdemeanors. View the sections specific to traffic violations, hot checks, and truancy for more information on those offenses. Some of the more common offenses besides traffic, hot checks, and truancy include disorderly conduct, assault, public intoxication, minor in possession of alcoholic beverage, and shoplifting. In cases involving alcohol violations, an alcohol awareness course is usually required. Rights of the DefendantsIf you are accused of an offense within the jurisdiction of the Justice Court, you have certain rights.
What do justice of the peace courts do in Texas?A justice of the peace may issue search or arrest warrants, and may serve as the coroner in counties where there is no provision for a medical examiner. These courts also have jurisdiction over small claims matters.
What is the jurisdiction of a justice of the peace in Texas?The Texas constitution provides that the justice of the peace courts have original jurisdiction in criminal matters of Class C Misdemeanor cases punishable by fine only, and civil matters involving not more than $20,000.
What types of cases do Texas courts hear?Most district courts exercise both criminal and civil jurisdiction, but in the metropolitan areas there is a tendency for the courts to specialize in either civil, criminal, or family law cases. In some instances, the courts that hear criminal cases exclusively are designated criminal district courts.
What do Justices of the Peace do?In the United States, justices of the peace are elected or appointed and sit on the lowest of the state courts hearing minor civil matters and petty criminal cases, usually misdemeanors. They officiate at weddings, issue arrest warrants, deal with traffic offenses, and hold inquests.
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