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Nacogdoches County Courts, TX *
Deep in East Texas's Pineywoods lies the aging city of Nacogdoches, known to many Texans as the oldest town in the state, dating back to 1779. Today, as the timber industry and Stephen F. Austin State University continue to grow, the legal issues facing a large county are mirrored in Nacogdoches. With a population of around 65,000, the town presents a myriad of issues typical of any thriving area.
Overview of the Nacogdoches County Court System
In Texas, multiple courts serve different functions at different levels in the court system. For the citizens of Nacogdoches County, legal actions are heard in the 145th and 420th District Courts, the County Court at Law, the constitutional County Court, the four Justice of the Peace precincts, and two Municipal Courts.
Most county-level functions are concentrated around the Nacogdoches County Courthouse at the intersection of Main and Freemany Streets. All District Courts, the County Court at Law, and the County and District Clerks' offices can be found there. In contrast, the Municipal Courts and Justice of the Peace precincts have offices across the county.
Types of Courts in Nacogdoches County, Texas
District Courts
Nacogdoches County is served by two district courts, the 145th and the 420th, both operating as courts of general jurisdiction. These courts handle the most serious matters in the county.
Jurisdiction includes:
- Felony criminal cases
- Major civil disputes
- Divorce, child custody, and complex family law proceedings
- Juvenile cases
- Cases involving title to land
- Election contests
Both the 145th District Court and the 420th District Court hear cases in both civil and family law. The 420th District Court was created in part to help manage the substantial increase in civil and family law cases. Both courts follow a process in which hearings and trials are scheduled, and case progression is anticipated over a period of time. Both types of courts require strict adherence to filing requirements and deadlines. All filings and court records are maintained by the District Clerk's office.
County Court at Law
The County Court at Law of Nacogdoches County is one of three courts that exist in a "middle ground" and hear a variety of different cases. These courts are heard before countywide elected judges and include many of the "everyday" type of cases.
Jurisdiction includes:
- Class A and Class B misdemeanor criminal cases
- Civil cases from $200 up to $250,000
- Probate and estate administration
- Mental health commitments
- Certain family law proceedings
This court operates with more streamlined procedures than district courts, allowing for quicker resolution of cases that do not require extensive litigation. It plays a key role in reducing the burden on higher courts by handling moderately complex matters efficiently. Records are maintained by the County Clerk, and many proceedings are scheduled more frequently, resulting in shorter wait times.
Constitutional County Court
The County Judge serves as the Presiding Judge of the Constitutional County Court, which is different from the County Court at Law and handles fewer areas of law.
Jurisdiction includes:
- Certain misdemeanor matters
- Probate filings and estate administration
- Appeals from Justice of the Peace courts
- Some administrative functions
This court also carries administrative responsibilities for county governance in addition to its judicial role. It typically handles less complex cases than the County Court at Law and serves as an appellate body for lower court decisions. The County Clerk supports this court and maintains all related records and filings.
Justice of the Peace Courts
Nacogdoches County has four Justice of the Peace precincts, where legal matters can be settled in an informal setting close to home. These precincts are generally the first point of contact for citizens dealing with legal issues in the area.
Jurisdiction includes:
- Small claims disputes up to $20,000
- Class C misdemeanor offenses
- Traffic violations
- Eviction and landlord-tenant matters
- Magistrate functions
These courts are designed for accessibility, with simplified procedures that allow individuals to represent themselves without formal legal training. Hearings are typically shorter and less formal, and cases are resolved more quickly than in higher courts. Each precinct operates independently, and records are maintained at the precinct level.
Municipal Court
There are only two city municipal courts in the county, the City of Nacogdoches Municipal Court and the Garrison Municipal Court.
Jurisdiction includes:
- Class C misdemeanor offenses committed within the city
- City ordinance violations
- Traffic citations issued inside Nacogdoches city limits
- Fine-only offenses
The courts primarily handle ordinance cases and fine-only misdemeanor cases that occur within their respective city limits. Most of these cases are set for a hearing without an attorney.
How to Access Nacogdoches County Court Records
In Texas, court records are generally considered to be public information. Certain matters, like juvenile case records or other sealed records, are considered confidential. There is a fee for regular and certified copies of documents. Copies of Court Records are searchable online, in person, or by mail request.
Online Access
You can search Nacogdoches County court records using the statewide public index re: SearchTX. This database allows you to search by both the full names of the parties involved and case numbers or filing dates (if known). Providing additional detail will help to maximize accuracy.
Alternative Online Options
Official public record websites are organized by the type of case or court that handled the matter you are searching for. However, for those who are not quite sure which court handled a particular matter, or for those searching for multiple record types, using a commercial website like CourtCaseFinder, which provides public records from multiple sources, can be very helpful.
In-Person Requests
For certified copies of documents, older records, or hands-on research assistance, you can visit the courthouse office in Nacogdoches and head to the District or County Clerk's office. The Clerk can help you find:
- Physical case files
- Archived documents
- Certified copies
It is highly recommended that you provide the full names and approximate year of birth for the individuals in the records you are seeking. Even if some of the information is missing, the clerk's office should be able to find the records. Most, if not all, of the information can be obtained on the same day, unless the record is very old and may require additional time to search for.
Archived Records
Some older documents have been moved to long-term storage and may have to be specially retrieved. The District Clerk and County Clerk are responsible for maintaining historical records for their respective courts; however, some of the older records are in paper format only. Please call ahead and describe what you are looking for as precisely as possible so you can be better assisted in your search. For the much older court records, you may need to contact the Texas State Library and Archives Commission.
For Attorneys and Legal Professionals
Electronic filing in Nacogdoches County is provided through eFile Texas, the statewide electronic filing system. All attorneys who practice in Nacogdoches County are required to electronically file civil, family, criminal, and probate matters unless specifically exempted. Attorneys from out of the county should review the appropriate Rules of Court and local rules to determine whether exceptions apply.
The County Clerk's office is available to answer procedural questions during business hours. Certified copies for some records and historical records may require additional time to produce. Please plan accordingly when scheduling hearings.
How to File a Case in Nacogdoches County
If you are unfamiliar with how the court system works, you may feel a bit nervous trying to file on your own. Follow these steps for a successful court case filing:
Step 1: Choose the Correct Court
Before you begin the process of filing a case in court, make sure you are in the correct court. Felony cases and serious injuries/damage civil cases are filed in either the 145th or 420th District Court. Misdemeanor cases, moderate damage civil cases, and probate matters are filed in the County Court at Law. Small claims cases, traffic cases, and eviction cases are filed with the Justice of the Peace court in the precinct in which the case occurred. Class C misdemeanor offenses and city ordinance offenses that occur within the city limits are filed in the Municipal Courts.
Step 2: Complete Required Forms
Official Texas court forms are available through the Texas Judicial Branch as well as Texas Law Help. The county court's website also has standard forms that apply to the County Courts specifically. Complete all fields on the forms and collect any required supporting documentation before submission.
Step 3: File Your Case
You can file cases and documents online through eFile Texas for case and document types that are eligible, in person at the Clerk's window, or by mail. Not all case types are eFile Texas eligible, so it is recommended that you contact the County Clerk's Office to confirm eligibility before filing online. When filing by mail, you must include the appropriate filing fee, provide the required number of copies, and include a self-addressed stamped envelope. Filing in person allows the Clerk's staff to catch obvious errors before acceptance for filing.
Step 4: Pay Filing Fees
Filing fees for civil actions are different for each level of court. The Justice of the Peace court and Small Claims filings are the lowest, with the district court filings being the highest. Current fee information may be obtained by contacting any clerk's office. If payment of the fees would cause a person to suffer substantial hardship, they may apply for a waiver of fees by filing a Request to Waive Court Facilities Fee form with proof of need and income.
Step 5: Serve the Other Party
After filing the complaint, a copy must be served on the opposing party. Service of process can be accomplished by delivering a copy to the opposing party or their representative, depending on the case type and the specific service of process rules for that court. The person serving the complaint must be 18 years of age or older and cannot be a party to the case. Typical servers are constables, sheriffs, and certified process servers. A proof of service must be filed before the hearing.
Step 6: Monitor Your Case
Remember, after you file your case, there are several dates, deadlines, and motions that the parties are required to meet. Not attending these dates or failing to respond within the allotted time can result in a default judgment or even a dismissal. Information about the status of cases can be found on the county's Official Records Search portal for most case types.
Nacogdoches County Courthouse Directory
Nacogdoches County has a single main courthouse in Nacogdoches, along with Justice of the Peace courts serving different precincts.
145th & 420th District Courts
These courts share general jurisdiction and handle felony criminal cases, major civil disputes, complex family law matters, and juvenile proceedings.
Nacogdoches
Address: 101 W Main St, Room 210, Nacogdoches, TX 75961
Phone: (936) 560-7848, (936) 560-7799
Website: co.nacogdoches.tx.us/districtcourt/420th_district_court.asp
County Court at Law
Handles misdemeanor criminal cases, civil matters up to $250,000, probate, and mental health proceedings.
Nacogdoches
Address: 101 W Main St, Room 240, Nacogdoches, TX 75961
Phone: (936) 560-7744
Website: co.nacogdoches.tx.us/countyoffices/countycourtatlaw.asp
Justice of the Peace Courts
Handle small claims, traffic violations, evictions, and Class C misdemeanors across four precincts.
Precinct 4: 4679 FM 226, Woden, TX 75961 | (936) 569-9365
Website: co.nacogdoches.tx.us/countyoffices/justiceofthepeace.asp
Nacogdoches Municipal Court
Handles Class C misdemeanors and city ordinance violations within city limits.
Nacogdoches
Address: 217 W. Hospital St, Nacogdoches, TX 75961
Phone: (936) 559-2641
Website: nactx.us/733/Municipal-Court
Garrison Municipal Court
Handles city ordinance violations and traffic cases within the city limits.
As schedules can vary, always confirm current hours before visiting.
Legal Help and Self-Help Resources
In Nacogdoches County, you can represent yourself in court, especially in Justice of the Peace court for matters that do not require testimony, such as traffic warrant cases, and for some Municipal Court cases. However, for more complex cases, simple mistakes on forms, missed deadlines, and failure to comply with procedures can cause cases to sit idle for months. Free and low-cost assistance is available to Nacogdoches County residents needing assistance in these areas.
Free Legal Assistance
For most self-represented litigants, families, veterans, and anyone in need of legal help, the best resource will be TexasLawHelp, which provides online forms, procedural guidance, and video tutorials in English and Spanish. These resources can greatly assist in knowing what to expect in the legal process, whether facing eviction, seeking to file a small claims case, or being involved in probate proceedings.
If you need help with procedures and forms, please contact the District Clerk's or County Clerk's office during business hours. They can explain procedures and provide copies of forms, but they are unable to provide legal advice.
Local Legal Support
For Nacogdoches County residents with legal issues, several resources are available. Lone Star Legal Aid also serves the area and can provide help with a variety of civil legal matters for eligible residents. The Nacogdoches County Clerk's office can provide copies of forms needed, assist you with the process of filing legal documents, and explain how the courts operate.
FAQs
What is deferred adjudication, and can I apply for it in Nacogdoches County?
Deferred adjudication is a form of community supervision offered in Texas where, rather than entering a final conviction, a judge defers the finding of guilt while the defendant completes the terms of probation. Completing the program means no final conviction is entered. It is available for many misdemeanor and felony offenses, though not all. The decision rests with the judge and depends on the nature of the charge, your criminal history, and other factors.
How do I get a legal name change in Nacogdoches County?
Adult name changes are filed as civil petitions in the District Court. You will need to complete a petition for name change, pay the applicable filing fee, and attend a hearing before a judge. The court will review the petition and, if no legal objections exist, grant the order. TexasLawHelpprovides forms and a step-by-step guide for both adult and minor name change petitions.
What happens if I miss a scheduled court date in Nacogdoches County?
In criminal cases, a judge can issue a capias against the defendant, requiring arrest and transportation to the court for prosecution. In civil cases, the judge may enter a default judgment against any party who fails to appear. In Municipal Court, a failure to appear could add a charge to your record and have your driver's license held by the Texas DPS.
How do I respond to a civil lawsuit filed against me in Nacogdoches County?
You usually have 20 days from the date you were served with a lawsuit, plus the following Monday, to file a written answer with the court. If you fail to file an answer within that time frame, you may receive a default judgment against you, meaning the plaintiff's side of the case will automatically win without you having a hearing. The answer does not have to be long, but it does have to be filed in the correct court, signed, and served on the opposing party. Small claims matters that are filed in JP court are somewhat less formal, but there are still deadlines that must be met. TexasLawHelp has answer forms and information on how to answer in common civil cases.
Can I get a copy of a divorce decree from Nacogdoches County?
The office of the District Clerk maintains the Divorce Decrees for Nacogdoches County. Furthermore, the office has certified copies of the Decree of Divorce available to the public. To obtain a copy of a Divorce Decree, you need the names of the parties involved in the divorce and as much of the case number (and year) of the Decree as possible. A fee is charged for the certified copy of the Decree.
When is it helpful to use a third-party records finder?
Third-party tools like CourtCaseFinder can make record research easier by bringing together public records from multiple sources in one searchable platform. This can help you quickly locate case information without having to check each office separately.
Other Counties in Texas
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