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Docket Order
Subject to the discretion of the Judge calling the docket, the order of cases proceeding to trial (both bench and jury) shall be as follows:
- Juvenile Arraignment
- Minor Arraignment
- Adult Arraignment
- Juvenile Trial
- Minor Trial
- Adult Trial
Trial by Jury
Preferential Setting
To receive a preferential setting, subject to the Judge's approval, a party must meet one of the following criteria:
- Reside more than fifty (50) miles outside of the city;
- Have a condition, illness, or injury that would necessitate an expedited disposition of the case; or
- Have a nondefendant witness who has appeared on at least two prior trial settings without their case being reached.
Required Appearance
All interested parties must be present and in the courtroom at the time the docket is called. Interest parties are defined as Defendants, Defense Counsel and State's Counsel.
Failure to Appear
If the defendant fails to appear in person and announce ready for trial at the time the case is called without showing good cause, the Court may find the defendant in contempt and issue a warrant for the defendant's arrest and may require that the defendant post a bond.
If State's witness is not present, State shall show good cause for witness's absence, or proceed to trial.
Record of the Proceedings
Request and Availability. A defendant may request a court recording at the initial announcement of the case in writing prior to commencement of trial. If no request is made it constitutes a waiver of record.
Purpose. The City of Liberty Court is not a court of record. It is not the Court's function to record the entire proceeding.
Visual/Audio Aids
- A defendant who wishes to use visual or audio aids in their defense must notify the court at least one (1) week prior to trial so that arrangements can be made for the proper equipment to be available.
- The sitting Judge shall make the final decision on what audio or video recordings, if any, are to be admitted into evidence.
Media Access
As a general rule, broadcast media will not be allowed to record any court proceeding. Any exceptions may be made by the Judge presiding in each particular case.
Code
Motions for new trials and appeals are governed by the Texas Government Code, Section 30.00014, et seq. An appeal bond is required to perfect an appeal from the Municipal Court. All appeal bonds require the signature and address of the defendant. An appeal bond must be approved by the Court and must be filed not later than the tenth (10th) day after the date on which the motion for new trial is overruled. Appeal bonds shall comply with Chapter 45 of the Texas Code of Criminal Procedure.
Indigency
If a defendant is indigent or otherwise too poor to pay the appeal bond, he/she may file an Affidavit of Indigency with the Court and a Motion to Waive Costs within the ten (10) day period to file an appeal bond. A hearing on the motion to waive costs shall then be scheduled by the Court.
Inability to Pay Fine
If a defendant does not appeal the Court's decision, but is unable to pay the fine when due, the defendant must appear at the clerk's office and speak to the collections department.
Warrant
If a defendant does not pay the fine, meet all obligations of a payment plan, or discharge the fine by performing all services as ordered by the Court, a warrant will be issued which will subject the defendant to arrest.
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