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Waller County Courts, TX *
Found in the Southeast Texas region is Waller County, one of Texas's fast-growing counties in the United States between the years 2024 and 2025, due to the county's proximity to Houston, one of the biggest cities in the state, and the availability of affordable housing. The county seat is Hempstead. Waller County has a population of 56,000 as of 2025 and was founded in 1873.
Overview of the Waller County Court System
To successfully manage the county caseload, the Waller County Court system is defined as a multi-trial court system which comprises two District Courts, the 506th and the 155th, two specialized County Courts at Law, four Justice of the Peace courts, and four municipal courts. This arrangement within the county court system ensures that the wide range of cases presented to the county courts have a well-defined court presiding over them. For instance, the District Courts preside over high-level cases such as felony criminal cases; the County Courts at Law preside over family law and class A and B misdemeanor cases; and the Municipal courts preside over cases within their city limits.
Waller County Courts are located within the County's Courthouse, which houses the County Judge's chambers (Constitutional County Court), the County Clerk's office, and county administration. The District courts of the county are housed inside the Waller County Justice Center, and the County Courts at Law are housed within the Joe Kuciemba Annex.
Types of Courts in Waller County, Texas
Filers and court records seekers in Waller County first need to understand the types of courts operating in the county and the cases they preside over.
District Courts
The Waller County District Court comprises a shared District Court, the 155th Judicial District Court, shared with Austin and Fayette counties, and the 506th Judicial District Court, which is for Waller County only. The 506th District Court is located at the County Courthouse, while the 155th District Court is located at the Justice Center.
These courts have jurisdiction over the following cases:
- Felony criminal cases
- Divorce and family law matters, including child custody and support
- Civil cases where the amount in controversy is $200 or more
- Cases involving title to land
- Election contest cases
The District Court records are maintained by the Waller County District Clerk's office for the daily operations of the courts. Appeals from these courts go to the intermediate Texas Courts of Appeals.
County Courts at Law
Within Waller County, there are two County Courts at Law in operation: County Court at Law No. 1, a dedicated Family Law Court, and County Court at Law No. 2, which presides over misdemeanors, civil suits, and contested probate. Both are located inside the Joe Kuciemba Annex. The courts preside over the following cases:
- All family law cases
- Juvenile cases
- Child protection cases
- Criminal misdemeanor cases (Class A and Class B)
When filing a case in Waller County, one must identify whether their matter is family-related (CCL No. 1) or criminal/civil/probate (CCL No. 2).
Constitutional County Court
The Constitutional County Court is the county-level court established within the court system, located within the Waller County Courthouse, and presides over the following cases:
- Uncontested probate cases (administration of wills and estates)
- Guardianship matters for minors and incapacitated persons
- Mental health commitment proceedings
The Constitutional County Court is created by the Texas Constitution itself, making it different from the two Courts at Law (Nos. 1 and 2), which are statutory courts created later by the Legislature to take over much of the County Judge's judicial workload.
Justice of the Peace
The Waller County Court System operates four Justice of the Peace Courts, one in each geographic precinct. These courts perform the following case hearings:
- Class C misdemeanor criminal cases
- Traffic citations and most moving violations
- Small claims civil cases up to $20,000
- Debt claim cases up to $20,000
- Eviction cases
Waller County has four Justice of the Peace (JP) courts despite its relatively small population, but its geographic size demands multiple precincts to make the courts easily accessible to the county's residents.
Municipal Courts
Waller County has four incorporated cities, each running its Municipal Court: the Hempstead Municipal Court, theWaller Municipal Court, theBrookshire Municipal Court, and thePrairie View Municipal Court. Each of these courts is responsible for the following cases:
- City ordinance violations
- Class C misdemeanor criminal cases
- Traffic citations issued within city limits
- Theft of property valued under $100 (Class C theft)
Appeals from the Municipal courts are taken to the County Court at Law in Waller County, and most municipal courts in the county are not "courts of record", meaning appeals take the form of a brand-new trial (trial de novo).
How to Access Waller County Court Records
Within the Waller County Court System, most court records are freely accessible to the public, but there is a category of records not accessible to the public that comprises court-sealed and redacted records. These records are sealed or withheld for the privacy reasons of the involved parties. For example, records involving juvenile case records, family law records involving children (custody, child protection), mental health proceedings, expunged criminal records, and records identified as confidential under specific Texas statutes.
Online Access
The Waller County Public Access Portal gives residents access to various court records. This portal is very useful in the county, as it allows county residents to access records from the District Court, County Court at Law, and Justice of the Peace courts. re:SearchTX, a statewide search portal for civil cases, is also available.
Alternative Online Options
Other than the county and state-provided online platforms, county residents also have access to alternative online options to help them access Waller County's court records. For example, CourtCaseFinder, unlike state-provided sites, pulls aggregated public records, such as court cases, divorces, arrests, and other filings, from multiple sources into a single search. They help residents easily find court records with the little information they have, something most statewide platforms struggle with. Still, for legally certified copies, anything used in a court filing, background check appeal, or licensing application, the user must still go to the originating Waller County clerk's office to get a certified copy.
In-Person Requests
A Waller County resident can also visit the correct court clerk's offices in person to get access to the court records. Depending on the case, the Waller County Clerk handles misdemeanor, probate, and civil records, and the Waller County District Clerk handles District Court records.
Archived Records
Most of the archived court records in Waller County are available only in paper because the county was established in 1873, and the court system was digitized only in the 2000s. Someone can access Waller County's microfilmed historical records at the Texas State Library and Archives Commission. Court clerks will know where most older records are stored.
For Attorneys and Legal Professionals
The difference in practicing in Waller County compared to a larger metro county like Harris is that the County Courts at Law conduct all proceedings in person; for any Zoom appearances, advance approval is required, and the county has a binding local rule that any case with concurrent jurisdiction between the 506th District Court and the County Court at Law must be filed in the County Court at Law.
The primary scheduling rule for out-of-county counsel is that they must coordinate through the assigned Court Coordinator and raise any conflicts within five days of receiving the Notice of Setting. Attorneys should download the official Waller County Local Rules from the 506th District Court, the Court at Law No. 1 Local Rules, the Texas Lawyer's Creed, and the current year's court schedule.
How to File a Case in Waller County
For Waller County residents, filing a case within the court system is an important and delicate procedure. If these procedures are carried out incorrectly, the case may be dismissed or delayed while corrections are made.
Step 1: Choose the Correct Court
Each case within the Waller County Court system is presided over by a particular court. For instance, the 155th Judicial District Court and the 506th Judicial District Court, the County Court at Law No. 1, the County Court at Law No. 2, the Justice of the Peace of the precinct where the incident occurred or where the defendant lives, or finally the municipal court if the violation happened inside city limits.
Step 2: Complete Required Forms
Having selected the correct court to preside over the filer's case, anyone filing a case can proceed to the Waller County Forms page, which hosts county-specific forms; the Texas Court Help and TexasLawHelp sites also host the Texas Supreme Court-approved forms used statewide for divorce, custody, name change, eviction, and small claims.
Step 3: File the Case
Once the case forms are received and completed, the case must be filed. In Waller County, residents can do this physically by visiting the District Clerk for District Court cases, the County Clerk for County Court and probate cases, the respective Justice of the Peace court office for justice court cases, or the relevant city's municipal court for municipal cases. And for those with access to the online platforms, eFile Texas is the correct tool used for electronic filing within Waller County and mandatory for attorneys.
Step 4: Pay Filing Fees
Filing fees apply in the Waller County Court system. Check with the court where the case is being filed for the most recent fee schedule. If a filer cannot afford the fees, they can submit a Statement of Inability to Afford Payment of Court Costs, which asks the judge to waive fees.
Step 5: Serve the Other Party
Once the case filing fee is paid, the filer must inform the defendant that a case has been filed against them by serving them, a process known as service of process. Approved servers include the Waller County Sheriff, a Constable of the precinct where the defendant lives or works, or a private process server certified by the Texas Judicial Branch. And a proof of service is required, a return of service, also called an officer's return or affidavit of service) signed by the server and filed with the court, as without this proof, the court cannot move forward against the defendant.
Step 6: Monitor the Case
The Waller County Public Access Portal helps the filer monitor filings, hearing dates, orders, and judgments in real time as the clerk enters them into the system. If the filer wants to receive automatic alerts for foreclosure activities, they must use re:SearchTX. The platform sends free email alerts for filings, orders, and judgments to any registered party in a civil case using the same login as eFile Texas.
Waller County Courthouse Directory
Waller County Courthouse
From here, the Constitutional County Court presides over uncontested probate, guardianships, mental health commitments, and the non-judicial business of the Commissioners Court.
Hempstead
Address: 836 Austin Street, Hempstead, TX 77445
Main Phone: (979) 826-7600
County Judge (Constitutional County Court): (979) 826-7700
County Clerk: (979) 826-7711
Website: co.waller.tx.us
District Courts (155th and 506th Judicial Districts)
The 506th Judicial District Court and the 155th District Court are the two benches that handle felony prosecutions, civil disputes above $200, divorces involving complex property, and any matter not statutorily assigned to a lower court.
Hempstead
Address (506th District Court / Justice Center): 400 Sheriff R. Glenn Smith Drive, Hempstead, TX 77445
District Clerk: 425 FM 1488, Hempstead, TX 77445 — (979) 826-7735
Website (506th): court506.com
Website (155th): 155discttx.com
Joe Kuciemba Annex
Houses both County Courts at Law, which are focused on family law, class A and B misdemeanors, civil filings, and contested probate.
Hempstead
Address: 425 FM 1488, Hempstead, TX 77445
Phone (main county line): (979) 826-7600
Website: County Court at Law No. 1
Website: County Court at Law No. 2
Justice of the Peace Courts
The courts oversee traffic tickets, evictions, small claims under $20,000, and Class C misdemeanors close to where residents actually live and work.
Precinct 1 (Hempstead)
Address: 846 6th Street, Suite 1, Hempstead, TX 77445
Phone: (979) 826-7745
Website: Precinct 1 (Hempstead)
Precinct 2 (Waller)
Address: 27388 Fields Store Road, Waller, TX 77484
Phone: (936) 372-2193
Website: Precinct 2 (Waller)
Precinct 3 (Hempstead)
Address: 12620 FM 1887, Hempstead, TX 7744
Phone: (979) 826-7637
Website: Precinct 3 (Hempstead)
Precinct 4 (Brookshire)
Address: 32225 U.S. Highway 90 Business, Brookshire, TX 77423
Phone: (281) 375-5233
Website: Precinct 4 (Brookshire)
Municipal Courts
Preside over fine-only Class C cases, traffic violations, and local ordinance breaches such as zoning and animal control.
Hempstead Municipal Court
Address: 1015 11th Street, Hempstead, TX 77445
Phone: (979) 826-8838
Website: Hempstead Municipal Court
Waller Municipal Court
Address: 1218 Farr Street, Waller, TX 77484
Phone: (936) 372-3880
Website: Waller Municipal Court
Brookshire Municipal Court
Address: 4029 5th Street, Brookshire, TX 77423
Phone: (281) 375-5048
Website: Brookshire Municipal Court
Prairie View Municipal Court
Address: 44500 Business Highway 290, Prairie View, TX 77446
Phone: (936) 857-5327
Website: Prairie View Municipal Court
Legal Help and Self-Help Resources
Access to legal help and resources is important for successful legal proceedings. Waller County can access various resources, as explained below.
Free Legal Assistance
Lone Star Legal Aid (LSLA) is a federally funded legal aid provider serving all counties and providing civil legal aid to low- and moderate-income residents. A resident applies for Lone Star Legal Aid by calling the statewide toll-free intake line at 1-800-733-8394 or applying online. However, residents should know the LSLA Conroe office, which previously served Waller County, has closed, so intake is now handled remotely by phone or online.
There are other free legal options for Waller County residents who don't qualify with LSLA. The Houston Volunteer Lawyers Program, the Houston Bar Association LegalLine, and the State Bar of Texas Lawyer Referral Service (1-800-252-9690) all serve residents in the Houston-metro region, which includes Waller County.
Local Legal Support
When in Waller County, one has legal support from legal clinics within the county provided by different learning institutions, such as the University of Houston Law Center Civil Justice Clinic, which handles family, guardianship, probate, landlord-tenant, real property, and debt-collection matters for low-income clients, with student attorneys supervised by clinical faculty. The Thurgood Marshall School of Law at Texas Southern University in Houston runs clinics in family law, immigration, criminal defense, and wills/probate/estate planning, also using student attorneys under staff supervision.
FAQs
Which Waller County court handles a felony DWI charge?
A felony DWI in Waller County is heard in one of the two District Courts, specifically the 155th Judicial District Court or the 506th Judicial District Court, because Texas District Courts have jurisdiction over all felony criminal matters.
What's the difference between the two County Courts at Law in Waller County?
Since January 1, 2025, the two have split roles. County Court at Law No. 1 is a dedicated Family Law Court that handles matters such as divorce, custody, juvenile, and child protection. County Court at Law No. 2 handles criminal misdemeanors, most civil suits filed with either clerk, and contested probate.
Where do I pay a traffic ticket I received in Waller County?
It depends on who issued the citation. Tickets written by a Waller County Sheriff's deputy or DPS trooper outside city limits go to the Justice of the Peace court of the precinct where the stop happened. Tickets written by a Hempstead, Waller, Brookshire, or Prairie View police officer go to that city's municipal court. The citation itself lists the issuing court and payment instructions.
Can I e-file a divorce in Waller County without a lawyer?
Yes. Self-represented filers can e-file divorce petitions through eFile Texas, the state's official electronic filing system, which routes the petition to the Waller County District Clerk or County Court at Law No. 1, depending on where the case sits. Waller County's local e-filing rules require an email address on every electronically filed document. Petition forms are available free through TexasLawHelp.
How do I find out if there's a warrant out for someone in Waller County?
Start with the Waller County Public Access Portal, which lists active criminal filings. For confirmed warrant information, call the Waller County Sheriff's Office at (979) 826-8282 or the relevant Justice of the Peace court if it's a Class C warrant. Aggregator platforms like CourtCaseFinder also pull warrant and arrest data from multiple Texas sources at once, which can be useful when one doesn't know which court issued the warrant.
How much will it cost to file a small claims case in Waller County?
A small claims filing at a Waller County Justice of the Peace court runs roughly $54 plus service-of-process fees charged separately by the sheriff, constable, or private process server. The exact total depends on the precinct and the type of service requested. Filers who genuinely can't afford the fees can submit a Statement of Inability to Afford Payment of Court Costs to have them waived under Texas Rule of Civil Procedure 145.
Other Counties in Texas
- Anderson
- Andrews
- Angelina
- Aransas
- Archer
- Armstrong
- Atascosa
- Austin
- Bailey
- Bandera
- Bastrop
- Baylor
- Bee
- Bell
- Bexar
- Blanco
- Borden
- Bosque
- Bowie
- Brazoria
- Brazos
- Brewster
- Briscoe
- Brooks
- Brown
- Burleson
- Burnet
- Caldwell
- Calhoun
- Callahan
- Cameron
- Camp
- Carson
- Cass
- Castro
- Chambers
- Cherokee
- Childress
- Clay
- Cochran
- Coke
- Coleman
- Collin
- Colorado
- Comal
- Comanche
- Concho
- Cooke
- Coryell
- Crockett
- Crosby
- Culberson
- Dallam
- Dallas
- Dawson
- De Witt
- Deaf Smith
- Delta
- Denton
- Dimmit
- Duval
- Eastland
- Ector
- Edwards
- El Paso
- Ellis
- Erath
- Falls
- Fannin
- Fayette
- Fisher
- Foard
- Fort Bend
- Franklin
- Freestone
- Frio
- Gaines
- Galveston
- Garza
- Gillespie
- Glasscock
- Goliad
- Gonzales
- Gray
- Grayson
- Gregg
- Grimes
- Guadalupe
- Hale
- Hamilton
- Hansford
- Hardin
- Harris
- Harrison
- Hartley
- Haskell
- Hays
- Henderson
- Hidalgo
- Hill
- Hockley
- Hood
- Hopkins
- Houston
- Howard
- Hunt
- Hutchinson
- Jack
- Jackson
- Jasper
- Jefferson
- Jim Wells
- Johnson
- Jones
- Karnes
- Kaufman
- Kendall
- Kenedy
- Kerr
- Kinney
- Kleberg
- Lamar
- Lamb
- Lampasas
- Lavaca
- Lee
- Leon
- Liberty
- Limestone
- Live Oak
- Llano
- Loving
- Lubbock
- Madison
- Marion
- Matagorda
- Maverick
- Mcculloch
- Mclennan
- Medina
- Midland
- Milam
- Mitchell
- Montague
- Montgomery
- Moore
- Morris
- Nacogdoches
- Navarro
- Newton
- Nolan
- Nueces
- Ochiltree
- Orange
- Palo Pinto
- Panola
- Parker
- Parmer
- Pecos
- Polk
- Potter
- Rains
- Randall
- Red River
- Reeves
- Robertson
- Rockwall
- Runnels
- Rusk
- Sabine
- San Augustine
- San Jacinto
- San Patricio
- Scurry
- Shelby
- Sherman
- Smith
- Somervell
- Starr
- Stephens
- Tarrant
- Taylor
- Terrell
- Terry
- Titus
- Tom Green
- Travis
- Trinity
- Tyler
- Upshur
- Uvalde
- Val Verde
- Van Zandt
- Victoria
- Walker
- Ward
- Washington
- Webb
- Wharton
- Wichita
- Wilbarger
- Willacy
- Williamson
- Wilson
- Wise
- Wood
- Yoakum
- Young
- Zapata
- Zavala
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