Overview of Texas Courts

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Overview of Texas Courts
In the Texas court system, there are two basic types of courts, trial courts and
appellate courts. Trial courts are courts in which witnesses are heard, exhibits are offered
into evidence, and a verdict (in a jury trial) or a decision (in a case tried by a judge alone)
is reached based on the facts of the case. A trial court has one judge. The trial courts in
Texas are municipal courts, justice of the peace courts, constitutional county courts,
statutory county courts, and district courts. Appellate courts hear appeals in cases which
have been previously tried in the trial courts. No new evidence is presented and no
witnesses are heard on the appeal of a case. An appellate court has more than one judge;
cases are decided by a panel of judges.
The appellate courts of Texas consist of fourteen courts of appeals, which have
intermediate appellate jurisdiction in both civil and criminal cases; the Court of Criminal
Appeals, which is the highest state appellate court for criminal matters; and the Supreme
Court of Texas, which is the highest state appellate court for civil matters. In addition to
its adjudicative functions, the Supreme Court of Texas has many administrative duties. It
is responsible for the efficient operation of the Texas judicial system. The court makes
the rules of practice and procedure governing trials and appeals in civil and juvenile cases
in the State, the rules of administration for the Texas judicial system, and the rules for the
operation of judicial agencies.i
Structure of the Courts
State Highest
Appellate Courts
State Intermediate
Appellate Courts
Supreme Court
Civil Jurisdiction
Court of Criminal Appeals
Criminal Jurisdiction
Court of Appeals
Intermediate Appellate Jurisdiction
State Trial Courts
of
General and Special
Jurisdiction
District Courts
Trial Courts of General Civil and Criminal Jurisdiction
(Some Courts Specialize by Subject Matter)
County Trial Courts
of
Limited Jurisdiction
County Level Courts
Constitutional County
County Courts at
Courts
Law
Limited Civil and Criminal
Limited Civil
Jurisdiction
and/or
(1 in each County)
Criminal
Jurisdiction
Local Trial Courts
of
Limited Jurisdiction
Municipal Courts
Limited Criminal
Jurisdiction
Statutory Probate
Courts
Limited to Probate
Matters
Justice of Peace Courts
(Small Claims Courts)
Limited Civil and
Criminal Jurisdiction
ii
Municipal Courts
Municipal judges are appointed to the bench. Municipal courts typically hear
traffic cases, cases involving city ordinances, and a subset of class “C” misdemeanors.
Justice of the Peace Courts
The Texas Constitution requires that each county in the State establish between
one and eight justice of the peace precincts, depending upon the population of the county.
Also, depending on the population of the precinct, either one or two justice of the peace
courts are to be established in each precinct. There are approximately 840 justice of the
peace courts in Texas.
Justice of the peace courts have original jurisdiction in Class C misdemeanor
criminal cases, which are less serious minor offenses. These courts also have jurisdiction
of minor civil matters. 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 function as small claims courts.iii
County Courts at Law
Because the Texas Constitution limits each county to a single county court, the
Legislature has created statutory county courts at law in the larger counties to aid the
single county court in its judicial functions. The legal jurisdiction of the special countylevel trial courts varies considerably and is established by the statute which creates the
particular court. The jurisdiction of statutorily-created county courts at law is usually
concurrent with the jurisdiction of the county and district courts in the county.
The civil jurisdiction of most county courts at law varies, but is usually more than
that of the justice of the peace courts and less than that of the district courts. County
courts at law usually have appellate jurisdiction in cases appealed from justice of the
peace and municipal courts.iv
Texas District Courts
The district courts are the trial courts of general jurisdiction of Texas. The
geographical area served by each court is established by the Legislature, but each county
must be served by at least one district court. In sparsely populated areas of the State,
several counties may be served by a single district court, while an urban county may be
served by many district courts.
District courts have original jurisdiction in all felony criminal cases, divorce
cases, cases involving title to land, election contest cases, civil matters in which the
amount in controversy (the amount of money or damages involved) is $200 or more, and
any matters in which jurisdiction is not placed in another trial court. While most district
courts try both criminal and civil cases, in the more densely populated counties the courts
may specialize in civil, criminal, juvenile, or family law matters.v
Denton County

16th District Court

158th District Court

211th District Court

362nd District Court

367th District Court

393rd District Court
Texas Courts of Appeals
The fourteen Courts of Appeals have intermediate appellate jurisdiction in both
civil and criminal cases appealed from district or county courts. Each Court of Appeals
has jurisdiction in a specific geographical region of the State. Each Court is presided over
by a chief justice and has at least two other justices. The specific number of justices on
each Court is set by statute and ranges from three to thirteen.
Appeals in the Courts of Appeals are usually heard by a panel of three justices,
unless in a particular case an en banc hearing is ordered, in which instance all the justices
of that Court hear and consider the case.vi
First Court of Appeals, Houston
Eighth Court of Appeals, El Paso
Second Court of Appeals, Fort Worth
Ninth Court of Appeals, Beaumont
Third Court of Appeals, Austin
Tenth Court of Appeals, Waco
Fourth Court of Appeals, San Antonio
Eleventh Court of Appeals, Eastland
Fifth Court of Appeals, Dallas
Twelfth Court of Appeals, Tyler
Sixth Court of Appeals, Texarkana
Thirteenth Court of Appeals, Corpus Christi
Seventh Court of Appeals, Amarillo
Fourteenth Court of Appeals, Houston
Court of Criminal Appeals
The Court of Criminal Appeals is the highest state court for appeals resulting
from criminal cases. The Court holds sessions throughout the year in Austin, Texas. The
Court is comprised of 9 members, a Presiding Judge and eight Judges. Decisions of the
Courts of Appeals in criminal cases may be appealed to the Court of Criminal Appeals by
petition for discretionary review, filed either by the state, or the defendant, or both. In
addition, the Court may review a decision on its own motion. All cases which result in
the Death Penalty are automatically directed to the Court of Criminal Appeals from the
trial court level.vii
The Supreme Court of Texas
The Supreme Court of Texas is composed of nine justices, all elected to staggered
six-year terms, the Texas Supreme Court has final authority in all civil and juvenile
delinquency cases in the state. Most cases decided by the Supreme Court come as
appeals from decisions by one of the 14 courts of appeals in Texas. Appeals from Central
Texas cases generally come from the Austin-based Third District Court of Appeals, for
example. Not all appeals from the state courts of appeals will be heard by the Supreme
Court. It usually takes only cases presenting the most significant Texas legal issues in
need of clarification. Each year the Court handles more than 3,000 appeals and other
legal matters. The Supreme Court also supervises operations of courts throughout Texas,
oversees conduct of Texas lawyers and writes rules and procedures for civil and juvenile
cases.viii
i
http://www.courts.state.tx.us/txcrtoverview.asp
http://www.courts.state.tx.us/publicinfo/crt_stru.htm
iii
http://www.courts.state.tx.us/trial/jpcourts.asp
iv
http://www.courts.state.tx.us/trial/catlaw.asp
v
http://www.courts.state.tx.us/trial/courtlin.asp
vi
http://www.courts.state.tx.us/appcourt.asp
vii
http://www.cca.courts.state.tx.us/
viii
http://www.supreme.courts.state.tx.us/
ii
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