Back to Main Page / Back to List of Rules

Rule 506.4. Writ Of Certiorari (2013)

TEXT

(a) Application. Except in eviction cases, after final judgment in a case tried in justice court, a party may apply to the county court for a writ of certiorari.
(b) Grounds. An application must be granted only if it contains a sworn statement setting forth facts showing that either:
    (1) the justice court did not have jurisdiction; or
    (2) the final determination of the suit worked an injustice to the applicant that was not caused by the applicant's own inexcusable neglect.
(c) Bond, Cash Deposit, or Sworn Statement of Indigency to Pay Required. If the application is granted, a writ of certiorari must not issue until the applicant has filed a bond, made a cash deposit, or filed a sworn statement of indigency that complies with Rule 145.
(d) Time for Filing. An application for writ of certiorari must be filed within 90 days after the date the final judgment is signed.
(e) Contents of Writ. The writ of certiorari must command the justice court to immediately make and certify a copy of the entries in the case on the docket, and immediately transmit the transcript of the proceedings in the justice court, together with the original papers and a bill of costs, to the proper court.
(f) Clerk to Issue Writ and Citation. When the application is granted and the bond, cash deposit, or sworn statement of indigency have been filed, the clerk must issue a writ of certiorari to the justice court and citation to the adverse party.
(g) Stay of Proceedings. When the writ of certiorari is served on the justice court, the court must stay further proceedings on the judgment and comply with the writ.
(h) Cause Docketed. The action must be docketed in the name of the original plaintiff, as plaintiff, and of the original defendant, as defendant.
(i) Motion to Dismiss. Within 30 days after the service of citation on the writ of certiorari, the adverse party may move to dismiss the certiorari for want of sufficient cause appearing in the affidavit, or for want of sufficient bond. If the certiorari is dismissed, the judgment must direct the justice court to proceed with the execution of the judgment below.
(j) Amendment of Bond or Oath. The affidavit or bond may be amended at the discretion of the court in which it is filed.
(k) Trial De Novo. The case must be tried de novo in the county court and judgment must be rendered as in cases appealed from justice courts. A trial de novo is a new trial in which the entire case is presented as if there had been no previous trial.

Added by order of April 15th, 2013, eff. Aug. 31, 2013.

AMENDMENTS