County Court FAQs

FAQs

Frequently Asked Questions

General Court Questions

Can I talk to the Judge?

Only at a Court hearing where all parties are present.

Is there a limit to the amount in controversy in a Civil Case?

There is no limit on the amount in controversy.

What type of case does each court handle?

County Court at Law 3 is the designated Juvenile court and handles contested Probate cases. County Court at Law and County Court at Law 2 handle family law cases, including divorces, modifications, enforcement actions, terminations, adoptions, and other matters involving the parent-child relationship. All the County Courts at Law handle Civil Cases where there is no limit to the amount in controversy and they handle misdemeanor criminal cases.

When are uncontested matters heard?

Walk-in uncontested divorce and default judgements are heard from 8:30 a.m. to 8:45 a.m. Monday through Friday.

When are criminal cases heard?

Jury trial dockets for criminal cases in County Court at Law and County Court at Law 2 are set on Monday's and Wednesday's beginning at 9:00 a.m. Trial dockets for the County Court at Law 3 court are on Tuesday's and Wednesday's and begin at 8:30 a.m.

What are waivers of arraignment?

Waivers must be in writing and have the cause number on the face. These forms must be filed before 8:00 a.m. on the day of arraignment.

How can I get a Waiver of Arraignment form?

Just call the applicable court and they will fax it to you. You can file it by fax as well. Phone numbers and fax numbers are listed on each court's web page.

What is a Pauper's Oath Application?

A Pauper's Oath Application is the form filed with the Court which the Judgees use to determine , along with the sworn testimony of the defendant, whether that person qualifies for Court-Appointed Counsel. This form is available in the Court Offices.

Payment and Fees

Where do I pay my fine and or court costs?

Adults pay at the County Clerk’s office on the third floor of the Ferguson Building at the corner of Spring and Ferguson Streets behind and to the left of the courthouse. You may contact that office at (903) 590-4670

Juveniles pay court costs and reimbursement for attorney fees to District Clerk on the second floor of the Courthouse. Juvenile probation fees are paid at the Juvenile Attention Center at 2630 Morningside Dr., Tyler, Texas 75708 or at Juvenile Attention Center, P.O. Box 1257, Tyler, Texas 75710

If I have a Hot Check case, how do I pay the checks?

Contact the Smith County District Attorney's Hot Check Division to find out what is owed ant to make payment arranements. That office is located at 200 E. Ferguson, Suite 209, Tyler, Texas 75702.

If I pay my Hot Check off, is my case dismissed?

The State of Texas still has the right to prosecute you even if you have paid your hot check because the offense of theft has already been committed. This decision rests solely with the District Attorney's Office.

Work Release

What is a work release ?

All motions for work release must be filed with the Smith County Clerk's office, at least ten days prior to the date of the defendant is to report to jail.

Where and when should I turn in my work release form?

If you plan on filing for work release you should have your work release form signed, notarized and turned in the Court or the County Clerk's Office at least two weeks prior to the date the defendant is to report to the jail. Work Release can be granted only by the Judge.

How do I find out if my work release is granted?

DO NOT CALL THE COURT OFFICE about your work release. When you book in jail you will find out if your work release has been granted or denied.

Administrative

How do I get a copy of a transcript of my court appearance?

To get a copy of a transcript, contact the Court's Court Reporter in the case. Contacts are listed on the individual Court web pages.

What if I need a Foreigh Language Interpreter or an Interpreter for the Hearing or Speech Impaired?

In a criminal case the Court will furnish a foeign language interpreter. Please inform the Court of your request at least five (5) days before your court appearance. In a civil case you will be expected to provide for your own certified foreign language interpreter. If you are in need of an interpreter for the hearing or speech impaired in a civil or criminal case, the Court will provide this service for you. Please inform the Court if you need an interpreter for the hearing or speech impaired a t least thirty (30) days prior to your court appearance.