Sbluejean54
New Member
- Jurisdiction
- Texas
Could someone provide me with any examples of a Motion for DIscovery appropriate in Harris county Justice of the Peace Court.
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Motion for Discovery form
- Thread Starter Sbluejean54
- Start date
adjusterjack
Super Moderator
There are several motion forms at:
Legal Forms for the Harris County JP Courts
You can start with any one of them and modify it to suit your purpose.
Legal Forms for the Harris County JP Courts
You can start with any one of them and modify it to suit your purpose.
Tax Counsel
Well-Known Member
What exactly do mean by a "motion for discovery"? Most discovery is done between the parties themselves without the involvement of the court. What is it exactly that you want to ask the court to do?
adjusterjack
Super Moderator
If this is small claims, the OP may have to seek permission of the judge to engage in discovery. I saw that in the small claims summary on the court website.
Sbluejean54
New Member
Texas Rules of Civil Procedure: Rule 500.9 - Discovery
Pretrial discovery is limited to that which the judge considers
reasonable and necessary. Any requests for pretrial discovery must be presented to the court for
approval by written motion. The motion must be served on the responding party. Unless a hearing is requested, the judge may rule on the motion without a hearing. The discovery request must not be served on the responding party unless the judge issues a signed order approved the request.
Sbluejean54
New Member
Correct.
zddoodah
Well-Known Member
You posted this question on a board having to do with criminal law and procedure.
Does your inquiry actually pertain to a criminal case?
Does your inquiry actually pertain to a criminal case?
Sbluejean54
New Member
I would add, that this Rule specifically applies to Justice Courts and may not be applicable in County District Court proceedings.
army judge
Super Moderator
If you take the time to peruse the internet using appropriate search terms, you'll discover many examples of the things you desire.
The various small claims court websites in Harris County and the websites of the various cities within said county might also offer you some examples.
JP courts and Muni courts were created to eliminate the difficulties a layperson might encounter attempting to litigate a matter before county and/or district courts.
What is IT that you THINK you need to file a motion to reveal that you THINK will assist you in better litigating your case?
Forget legal speak and answer in common sense English, if you choose to respond.
Sbluejean54
New Member
Yes, a solicitation letter from a local attorney advised me that my son had been issued a citation from a Harris county precinct Constable on September 26th for speeding in excess of 10 mph over the speed limit.
The problem with that is the fact that my son moved from Texas to Ohio over three years ago, was compelled to surrender his Texas Driver's License to obtain his Ohio license, about a year ago, he moved from Ohio to Illinois to be with his mother and again, was compelled to surrender his Ohio license to obtain his now current Illinois license. He hasn't had a Texas License in over three years and has not been back in the State in that time.
Obviously, someone had the license my son had lost some years ago and used it as their ID in the traffic stop.
Zigner
Well-Known Member
In that case, your son will need an attorney to represent his interests. You cannot do that.
army judge
Super Moderator
Was your son at the time of the alleged incident a minor?
Without revealing your son's name, do you consider it to a common name, such as "John Smith", "Larry Brown", "Jerry Jones", and so forth?
Does your son have an identical or fraternal twin?
Yes, but that "someone" would have had to resemble your son, had he presented the license to the constable.
The alleged perpetrator, if he wasn't your son, would also have to have been of an identical race, height, weight, eye color, hair color, and age; as your son.
The person you allege to have impersonated your son, would have had to resemble your son.
Officers in Texas also SCAN the license, if it is presented at the time of the citation, and there is a record of that scan, somewhere.
Here's your problem.
If you do what you are proposing to do, file a legal document in any court case in the state of Texas; you could be charged with illegally practicing law.
If you don't have a Texas bar Number, your filing will also be ignored.
Your son can do an inquiry himself with the Constable's Office, the DMV (here in Texas) or his current state license bureau. If he doesn't fix this, or have it corrected, his current license could be (or maybe it already is) suspended.
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