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Understanding what CCP Section 44.18 says

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April 23, 2008, 16:07
Cheryll
Understanding what CCP Section 44.18 says
1) Once a case is appealed from JP Court to County Court, how does it get to County Clerk?
2) Does JP send it directly to clerk?
3) Does JP send it to prosecutor's office for review to see if good case to file?
4) Do ya'll do a complaint to file the case since usually just tickets are in the JP files?
5) Anyone have a JP complain about the appeal process?
With the exception of one JP, cases here are sent to me to see if I want to file them. If so we do a complaint and file it and original JP papers with the County Clerk. If it's been 12.45ed into a higher offense, a cruddy case etc.. we just reject it like a bad class B or A.
6) Any ideas because one JP is having a fit that cases aren't immediately filed with the County Clerk?
April 23, 2008, 16:28
Gretchen
They are directly filed by the lower court with the County Clerk; they do not come to our office first, but a copy is sent to us by the clerk. If there is no complaint in the file, I check to see if the defendant complained about that in the lower court. If not, and if it was a no contest or guilty plea, they have waived their complaint as to that issue and you can proceed on just the ticket (CCP Art. 44.181).

Also check the appeal bonds and make sure they comply with the statute and are timely. We have disposed of a lot of traffic appeals on bond issues alone!
January 09, 2009, 16:21
MMB
Do you then file an information with the county court, or is one not needed on an appealed ticket?
April 07, 2009, 15:49
MMB
It is now my understanding that you do need to file a complaint on appealed tickets where a complaint was not filed at the municipal or county level. A ticket alone does not toll the statute of limitations.