Guide should Assist you with the Different Courts and Whether the Court can Hear your Case Assuming it is a Civil Case
In Texas there are Several Levels of Courts and Navigating the Game of “Where to File” or “What my Options After I’ve been sued” can be exhausting. This guide should assist you with the different courts and whether the court can hear your case assuming it is a civil case.
Justice Courts
At the bottom are the justice courts which are located in each County. In larger counties, there are several justice courts numbered by precinct and located throughout the county for convenience to the litigants. Justice courts have civil jurisdiction, meaning they are able to hear cases that concern small claims where the party’s alleged damages are not more than $10,000; and the evictions of tenants.
Justice courts are not considered “courts of record” and the Texas Rules of Evidence do not apply. However, in most cases you are entitled to a jury if requested. In addition, for civil cases, all judgments in justice courts are appealable to county courts. This can be disheartening if you obtain a judgment in the justice court and then must start over in the county court. On the other hand, if the judgment is against you, you have another bite at the apple!
County Courts
There are three different types of county courts – constitutional county courts, statutory county courts and statutory probate courts. Whether your county has only a constitutional county court or the others in addition depends on the size of the county.
Constitutional and statutory county courts have similar civil jurisdiction. They hear appeals from the justice courts in amounts of more than $200 and less than $10,000. However, in counties with statutory county courts, these courts have jurisdiction over civil matters in which the damages alleged are less than or equal to $200,000 (or higher depending on some counties). If there is not a statutory probate court in your county, then the constitutional or statutory county court will hear probate matters, but the courts have the power to transfer contested probate matters to the district court. Probate courts only hear probate matters which primarily deal with estates, guardianships and mental health proceedings.
District Courts
Larger counties have one or more district courts and they may be specialized for civil or family matters. If so, the court will only hear cases related to its specialization. Other counties will share a district court, so that judge will hear all matters. District courts have jurisdiction of cases where more than $200 in damages is alleged (although there is some dispute as to this minimum). District courts also have jurisdiction over title to land, divorces (as do county courts) and contested elections.
Courts of Appeals
Any appeal from the county courts or the district courts go to one of the 14 courts of appeals in Texas. The court your case is heard in depends on the location of the trial court in which your case was heard.
Texas Supreme Court
Appeals from any of the 14 courts of appeals go to the Texas Supreme Court. This Court has final jurisdiction in civil cases in the State of Texas and has the power to determine which cases it will hear and to deny hearing cases. This is the last stop for most Texas litigants. However, in some, rare instances, an appeal to the United States Supreme Court may be possible.
