Rule 7 - DOCKETING OF APPEALS FROM NON-RECORD MUNICIPAL COURTS, JUSTICE OF THE PEACE COURTS, MUNICIPAL COURTS OF RECORD, AND ADMINISTRATIVE LICENSE REVOCATION HEARINGS PURSUANT TO CHAPTERS 524 AND 724 TEXAS TRANSPORTATION CODE7.1. Non-Record Municipal Courts, and Justice of the Peace Courts:7.1.1. Case Numbering, Filing and Rules of Attraction7.1.1.1. All cases received by the district clerk of Harris County, Texas, from a non-record municipal court, or justice of the peace court for the purpose of appealing a misdemeanor conviction entered in such court shall receive a case number and assigned a court in the same manner as a criminal case filed by misdemeanor information or indictment, and using the same rules of attraction.7.1.2. Notice To Appellant7.1.2.1. The de novo appeal shall be set for arraignment and pretrial hearing (as provided by TEX. CODE CRIM. P. ANN. art. 28.01) thirty (30) days from the date that notice of the hearing is sent via regular mail by the district clerk to the defendant at the address shown on his bond. If the bond shows no such address, the notice may be addressed to one of the sureties on the bond. If there are no sureties on the bond, notice shall be sent to the defendant at the address shown on the complaint, or ticket made the basis of the prosecution. The provisions of TEX. CODE CRIM. P. ANN. art. 28.01 shall control the filing and hearing of all matters and the conduct of the proceedings.7.1.3. Contents of Notice7.1.3.1. The notice shall contain the cause number assigned to the appeal and the court into which the case was assigned; the time, date, and location of the court in which the defendant is to appear; and shall contain the following statement: "The court has scheduled your arraignment and a pretrial hearing in this case on the above date. At this setting you will be asked to enter a plea of not guilty, nolo contendere, guilty, or make any other special plea provided by law. In addition, the Court will hear any matters you or your attorney wish to raise prior to trial at this time. These matters must be raised by written pretrial motion filed with the clerk of the court not later than seven (7) days before the hearing date, unless you receive permission from the judge of the court to file them on another date."
7.1.4. Defendant in Custody7.1.4.1. Where the defendant is in custody, the de novo appeal shall be set for arraignment on the next date the court is in session.7.2. Municipal Courts of Record7.2.1. Case Numbering7.2.1.1. Each appellate transcript shall be assigned a sequential number using the system established by these courts in 1976.7.2.2. Case Filing and Rules of Attraction7.2.2.1. The district clerk shall file the appellate record into the courts on a rotational basis.7.2.2.2. Before assigning a court, the district clerk shall determine by research whether the defendant named in the appeal has a prior connection to an existing appeal. A prior connection is established when a prior pending appeal from a municipal court of record exists.7.2.2.3. The district clerk shall file a subsequent appeal in the same court if: (i) the subsequent appeal arose from the same criminal transaction, or (ii) was tried before same jury.7.3. Administrative License Revocation Hearing Authorized By Chapters 524 and 724, Texas Transportation Code7.3.1. Procedure For The Filing of Cases7.3.1.1. Each petition appealing the suspension, of a person's driving privilege as provided by Chapter 524, or 724, Texas Transportation Code, shall be filed and docketed into the County Criminal Courts at Law, and County Civil Court at Law of Harris County, Texas as provided by the Local Rules of each court division.7.3.2. Random Filing; Rules of Assignment and Attraction7.3.2.1. The district clerk shall assign a petition to the court in which the criminal case resulting from the enforcement contact: (3) in which a judgment of conviction, or order granting community supervision was entered; or (4) dismissal order was entered, using the criminal case number followed by the suffix "Y".L. R. Harris Cnty. Crim. Ct. 7
As amended through 10/22/2021; as amended through 12/9/2022.