Parker County Today November 2017 - Page 13

W here H elp ! D o I F ile M y L awsuit ? By Brent R. Doré Have you ever wondered why a lawsuit is brought in a particular court or county? You are not alone. These are complex issues that must be carefully considered. This article provides an overview of two concepts that affect every lawsuit: jurisdiction and venue. Jurisdiction Jurisdiction determines whether a particular court may hear, and ultimately decide, a particular dispute. Several types of trial courts exist in Texas: district courts, county courts, justice courts (i.e. Justice of the Peace), and vari- ous other courts created by the Texas legislature. The “amount in controversy” (i.e. the amount of money in dispute) is often the determining factor for which court will have jurisdiction over a lawsuit. District courts are the primary trial courts in Texas. The amount in controversy must exceed $500 for jurisdic- tion to apply. Parker County has two district courts: the 43rd District Court (Judge Craig Towson) and the 415th District Court (Judge Graham Quisenberry). Texas has two types of county courts: Constitutional County Courts and County Courts at Law. The Constitutional County Court is created by the Texas Constitution and serves as the office of the county’s chief administrator. Judge Mark Riley presides over the Constitutional County Court of Parker County. County Courts at Law are created by the legislature and have concurrent jurisdiction with justice courts and district courts depending on the amount in controversy. Probate jurisdiction with district courts and county courts can be quite complex. Parker County has two county courts at law: County Court at Law #1 (Judge Jerry Buckner) and County Court at Law #2 (Judge Lynn Marie Johnson). Justice courts have jurisdiction over small claims, debt claims, and eviction claims. The amount in controversy cannot exceed $10,000, and these courts have original jurisdiction for claims less than $200. In addition to the general venue rule, certain “permissive venue” options exist in situations where there is no mandatory venue. Examples include suits against executors, administra- tors, guardians; breach of warranty claims; and claims based on written contracts. Based on the type of claim(s) involved, “mandatory venue” may exist, which requires the lawsuit to be filed in a specific county. For example, suits involving a title dispute to real property must be filed in the county where the land is located. If there is mandatory venue in one county and general or permissive venue in another, the mandatory venue provision controls. Whether you or your business has just been sued or you think that you or your business may have a claim, it is critically important to consult with an attorney about jurisdiction and venue. This article is for informational purposes only and not for the purpose of providing legal ٥eԁ͡ձхЁ)ѽɹѼх٥ݥѠɕЁѼѥձȁՔ) ɕЁH́ѽɹݥѠ!ɥ̰䀘 @ !́)ȁѡQ́ ȁ !́Ʌѥ͕́ȴ)ѥѥ̰Ʌ̰Ս䁱ѥѥ!)ɕЁɕܹȁЀܴи)]Ёхєѥ́ɔٽٕե́)Q̰ѡȁɥ͑ѥՕ́Ёͼͥ)ɕQ́́䁹Ёٔɥ͑ѥٕȁЁ)хєѥ́ѡ͔ѥ́ٔѱȁх)ݥѠQ̸Q́䁽ȁ٥Յ)Օѡȁхєѡ͔́䁹Ёٔɥ̴)ѥѡQ́䁽ȁ٥Յ́ѱ)хЁݥѠѡѡȁхєQ͔́ɥ͑ѥ)Օ́ЁɽѱɅ͕ȁѡ䁵䁉ٕ݅)QɅٕՔձхѕ́ѡЁեЁ䁉)ѡݥչѥ耠ĤѡչݡɔȁՉх)ѥЁѡٕ́٥ɥ͔Ѽѡɕ쀠Ȥѡ)չ䁽ѡӊéɕͥݡѡ͔ѥ)ՕѡЁ́Ʌͽ쀠̤ѡչ)ѡӊéɥQ̀ѡЁ)ЁɅͽ쁽ȀФѡչݡɔѡѥ)ɕͥݡѡ͔ѥՕѡȁɽ٤)̸ͥ)M镐́Ս́ɽєٕȁ)́ѕٔɕЁɥ͑ѥݥѠɥЁ)չ䁍̸)YՔ)ѕɵݡѠ)ȁեЁ䁉)ѥձ)չ䁥́Օѥ)ٕՔ1ե)Ёɽ՝Ё)ѡɕЁչ)ѡ́ѕɵ)ѥٕ́ɹѡ́Ʌɵͥٔ)ѽٕՔ!ݕٕȰեЁ́ȴ)ɕЁչ䰁ѡЁЁѥ䁽ЁѼѡɕ)ٕՔ%ѥ䁽ѥѼѡɕЁٕՔ́)͕ѕѡեЁݥɕѡչݡɔЁ݅)ɥ䁙(