traffic texas
What motions to file or action to take with an uncooperative court clerk?
<p>I've filed <em>pro se</em> motions in traffic cases before, but this case has me stumped. I was stopped and ticketed for a minor traffic violation of texting while driving and received a court date. When I went in the clerk refused to let me (EDIT: have a hearing), and refused to give me any documentation proving I had been there. Same thing when I came back a month later. Now I'm getting written notices from a law firm to pay the fine.</p>

<p>My limited experience led me to think the court clerk can always be trusted. Should I try to file a motion to continuance, or maybe motion to appeal? Maybe by certified mail?</p>

<p>UPDATE: I called the court today (Nov 26) and was told there is no trial set so they will call or email me in January to set the date for a trial. This seems really weird for a months-old case but I guess you have no recourse if the court refuses to set a date for any hearing repeatedly? As far as I can tell the county courts have jurisdiction over the Justice of the Peace courts in texas, but if there's no final judgment then no appeal can be filed.</p>

<p>The court clerk was right. A judge is not supposed to interact with a party (at least not in the absence of the adversary) except during court hearings for which the adversary was notified and given an opportunity to attend.</p>

<p>Also, there is no need for you to prove the mere fact that you went to court. That in itself is either inconsequential or palpable from the hearing transcripts.</p>

<p>When you file in court papers such as a motion or a response to a motion, you may --and should-- bring an extra copy for the clerk to stamp it. That a clerk does with no objections. The stamp reflects the date on which you file your document(s). That stamp incidentally evidences that you or someone on your behalf went to court but, again, that sole fact is inconsequential.</p>

<p>There is no such thing as "motion to appeal". A litigant may initiate an appeal, or appellate process, once the judge has decided a case in its entirety or in part. If the ruling to be appealed does not close the case, the upper court might refuse to review the issue(s) appealed until the whole case has been decided (that refusal is known as denial of the appellant's <em>leave to appeal</em>). Your description nowhere indicates that the judge has already made any rulings or that there have been any hearings on your matter.</p>

<p>Your mention of prior motions suggests that you should gain acquaintance with the <a href="http://www.txcourts.gov/rules-forms/rules-standards/" rel="nofollow noreferrer"><em>Texas Rules of Civil Procedure</em> and <em>of Appellate Procedure</em></a>. Those rules cover several aspects of litigation, including motion practice, the allowed methods of service, and the requirements to file an appeal in upper courts.</p>
