Master Clerk Certification Exam Review

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Texas State University 1701 Directors Blvd, Suite 530 Austin, Texas 78744 Tel (512) 347-9927 or (800) 687-8528 Fax (512) 347-9921 www.tjctc.

1 Texas State University 1701 Directors Blvd, Suite 530 Austin, Texas Tel (512) or (800) Fax (512) Court Personnel Program Master Clerk Certification Exam Review Presented by: Bronson Tucker Dir. of Curriculum TJCTC An Educational Endeavor of the Justices of the Peace and Constables Association, Inc. Funded by a grant from the Texas Court of Criminal Appeals

2 COPYRIGHT 2017 Texas Justice Court Training Center. All rights reserved. No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system without the prior written permission of the Texas Justice Court Training Center unless such copying is expressly permitted by federal copyright law. Address inquiries to: Permissions, Texas Justice Court Training Center, 1701 Directors Blvd, Suite 530, Austin, TX 78744

3 This guide is aimed at helping a clerk who is already a Certified Clerk study for, and pass, the Master Certification Exam. You will be directed to resources that will give you the information you will need to pass the exam. For the best chance of passing this (admittedly difficult) exam, we recommend: 1) Look up all materials recommended in this guide, reading them critically 2) Discuss any questions/concerns about what they may mean with another clerk or judge 3) Come to the review session at school, and be prepared with multiple questions to ask about the material 4) Attack the test with confidence, knowing steps 1-3 have prepared you to succeed DO NOT show up on the day of the review session expecting to learn every piece of information that will be on the test. If you do this, YOU WILL NOT PASS THE EXAM. It is imperative that you prepare in advance, learning the material you understand, and arriving with questions about the material you do not. The exam consists of civil and criminal questions, and has 59 multiple choice questions and 21 fill-in-the-blanks. Also, be advised, some of the questions do have substantive law issues. The committee elected to have some questions of this type on the test, because clerks frequently have case screening responsibilities, research responsibilities, etc, that make it beneficial for a top-level clerk to have such knowledge. In this guide, TRCP means Texas Rules of Civil Procedure, CPRC means Civil Practice and Remedies Code, PC means Penal Code, CCP means Code of Criminal Procedure, FC is Family Code, Prop. Code is Property Code and Trans Code is Transportation Code. Et seq. means a sequence of statutes in a row, starting with this one. So if it says FC et seq, that means start with Family Code and keep reading. Statutes may be found at Note that this website does not have statutes updated through the most recent (85 th ) Legislative Session. You can find updated statutes in our Legislative Update book, located at and you will find page numbers in the study guide for where to find the updated language. For convenience, we have also listed the bill number for any information that was changed this session. HB means House Bill, SB means Senate Bill, and bills may be found at Also, it would be well worth your while to study the Legal Terms and Definitions handout, also downloadable from our website. More good resources are the Webinar and Newsletter Archives at under the Resources tab, for fuller discussion of many of these issues.

4 CIVIL 1. Differentiate between jurisdiction and venue (TRCP and 502.4) Also between personal and subject matter jurisdiction, and which a defendant must raise and which the court has a duty to raise. 2. You should be able to identify the jurisdiction of the justice court. (Gov t Code ) 3. Identify the four types of civil cases that may be filed in justice court (TRCP 500.3) 4. Know when and why the district/county court rules or the Rules of Evidence may be applied, and the court s role in making rules of procedure available (TRCP 500.3) 5. Identify the items that must be maintained in the court s docket (TRCP 507.3) 6. Understand Rule of the Texas Rules of Civil Procedure and use it to compute time. 7. Describe the process and limitations of a subpoena. (TRCP 500.8) 8. Understand the justice court discovery rules (TRCP 500.9) 9. Identify and define a petition, and understand the requirements of a petition in all 4 types of cases (TRCP 500.2, 502.2, 508.2, 509.2, 510.3) 10. Know that a case can NOT be filed without a filing fee or statement of inability to afford costs (Jamar v. Patterson, 868 SW 2d 318; TRCP 502.3) 11. Identify the amount of the civil e-filing fee and when it may be charged (Gov t Code (c)), ) 12. Identify the time frame for modifying a petition or pleadings (TRCP 502.7) 13. Understand the requisites of a citation and who may serve it (TRCP 501.1, 501.2) 14. Understand what must be in a return of service, and how it is different if the service is by constable or by process server (TRCP 501.3) 15. Identify when a defendant s answer is due (TRCP 502.5) 16. Describe when service by publication is allowed, and when the answer date is if served by publication (TRCP 501.2, 502.5) 17. Know the effects of a general denial (TRCP 502.5)

5 18. Know the difference between counterclaims, cross-claims, and third-party claims (TRCP 502.6) 19. Understand how documents and pleading may be exchanged by parties. (TRCP 501.4) 20. Identify when pleadings must be written and may be oral. (TRCP 502.1) 21. Describe a justice court information sheet and whether it is mandatory and what happens if it is not filed. (TRCP 502.2) 22. Understand what happens when a person cannot afford to file a lawsuit. (TRCP 502.3) 23. Identify the filing requirements AND timing requirements of the following: a. Default Judgments, including when a hearing is needed, and including in Debt Claim Cases, and including notice requirements by the court (TRCP 503.1, 508.2) b. Special Appearance (TRCP 120a) c. Motion to Transfer Venue (TRCP 502.4) d. Trial Settings and Continuance (TRCP 503.3, 509.3, 510.6, 510.7) e. Summary Disposition (TRCP 503.2) f. Jury Trial Demand (TRCP 504.1) 24. Understand the role of pretrial conferences and ADR (TRCP 503.4, 503.5) 25. Know if charging the jury in a civil case is appropriate (TRCP 504.3) 26. Understand what must be contained in a judgment, including a judgment for specific articles. (TRCP 504.4, 505.1) 27. Know the filing requirements, court action, and timing requirements of the following post-judgment procedures: a. Motions to Set Aside Default Judgment or for New Trial (TRCP 505.3) b. Judgment Nunc Pro Tunc (TRCP 316) c. Appeal (TRCP 506.1) d. Writ of Certiorari (TRCP 506.4) e. Bill of Review (TRCP 329b (f)) f. Writ of Attachment (CPRC , TRCP 593-4, 598, 637) g. Writ of Sequestration (CPRC Chapter 62, TRCP 696 et seq.) h. Abstract of Judgment (Prop. Code et seq.) i. Writ of Execution (CPRC Chapter 34, TRCP 621 et seq.) j. Writ of Garnishment (CPRC , TRCP 657 et seq.) k. Revival of Dormant Judgment (CPRC , ) l. Turnover Order and Application for Receiver (CPRC , HB 1066, L.U. book p. 10., TJCTC Summer 2016 Newsletter, P. 4 et seq.) 28. Know the procedure for payment of unclaimed judgment (CPRC ) 29. Apply the requirements for a foreign judgment filing (CPRC )

6 30. Identify all the steps of a residential eviction suit (TRCP 510, Prop. Code Ch. 24) 31. Calculate the proper hearing date of an eviction suit (TRCP 510.2, 510.4) 32. Understand the jurisdictional requirements of evictions (Prop. Code ) 33. Identify the continuance rule for evictions (TRCP 510.7) 34. Identify the requirements for requesting jury trials in evictions (TRCP 510.7) 35. Understand the requirements and effects of Immediate Possession Bonds (TRCP 510.5) 36. Understand special default judgment procedures in evictions (TRCP 510.6) 37. Know when attorney s fees may be awarded in evictions (Prop. Code (a),(b)) 38. Know when a party can be represented by an authorized agent (TRCP 500.4) 39. Understand the requirements for a Writ of Possession (Prop. Code (b), TRCP 510.8) 40. Understand the evictions appeal process, including appeal timing and statements of inability to pay costs, and including notice requirements by the parties and court (TRCP 510.9, Prop. Code Ch. 24) 41. Differentiate the procedure in appeals of nonpayment of rent evictions from the appeal procedure in other evictions (TRCP 510.9) 42. Understand eviction procedure post-foreclosure (TJCTC May 2015 Newsletter, P. 4) 43. Identify a manufactured home community and how the eviction procedures are different for them (Prop. Code Ch. 94) 44. Identify the differences between commercial and residential tenancies, including security deposits and lockouts (Prop. Code Ch. 93) 45. Understand residential lockout rights and the procedure for a writ of re-entry (Prop. Code , et seq.) 46. Identify the requirements and procedures for a writ of restoration, and the new way a landlord can disconnect utilities if utility bill unpaid (Prop. Code , ) 47. Understand the requirements and procedures for a writ of property retrieval (Property Code Chapter 24A, SB 920, LU book, p. 135 et seq.).

7 48. Understand the procedure for suits seeking judicial remedy for the landlord failing to address habitability of the premises, including different timing requirements (TRCP 509) 49. Understand a tenant s rights to repair, a landlord s duty to repair, and a tenant s remedies if that duty is not met (Prop. Code et seq, TRCP 509) 50. Identify and understand procedures for dangerous dog hearings (HSC , ) 51. Know the procedures, including venue and timing, for tow hearings (Occupations Code and ) 52. Describe the process for a writ of recovery of an aircraft (Prop. Code Ch. 30) 53. Understand the requirements and procedure for Occupational Driver s Licenses. (TC ) 54. Be familiar Chapter 65 of the Family Code, dealing with Truancy Court, in its entirety. 55. Identify the requirements of a clerk to post self-help resources for selfrepresented litigants (Gov t Code , SB 1911, L.U. book p. 68) 56. Identify when the Judicial and Court Personnel Training Fee is assessed, and how much it is. (Gov t Code , SB 42, L.U. book p. 69) CRIMINAL 1. Be aware of the new laws covering indigent criminal defendants and inability to pay (SB 1913, HB 351), including: a. Notice Sent When Defendant Pleads by Mail (CCP 27.14, LU book p. 32) b. Requirements Before a Warrant Can Issue if Defendant Doesn t Appear (CCP , LU book p. 36) c. New Guidelines on Appearance Bonds (CCP , LU book p. 36) d. Requirements Before a Capias Pro Fine Can Issue (CCP , LU book p. 38) e. Methods of Alternative Satisfaction of a Judgment (CCP , LU book p. 37) f. Amount of Credit for Jail Credit (CCP , LU book p. 38) g. Guidelines for Community Service/Waiver of Fine/Costs (CCP , , , LU book P. 39 et seq.) h. Requirements When Defendant Referred to Collections (CCP , LU book p. 50) i. Updated OMNI procedures (Trans. Code Ch. 706, LU book P. 160) 2. Know the justice court s criminal jurisdiction (CCP 4.11)

8 3. Know the proper venue for criminal actions (CCP 4.12) 4. Know the statute of limitations for criminal cases (CCP 12.02, 12.04) 5. Familiarize yourself with all of Chapter 45 of the Code of Criminal Procedure, especially: a. Timely Filing (CCP ) b. Warrant (CCP ) c. Complaints (CCP 27.14, and ) d. Appearance by Minor/Parent; Pleas in Open Court (CCP ) e. Trial by Jury (CCP et seq.) f. Judgment (CCP ), including when a defendant must be allowed to pay in increments. g. Appeal (CCP and et seq.) h. Motion for New Trial (CCP , ) i. Enforcement of Judgment and Capias Pro Fine (CCP , , , , ) j. Mandatory Prosecutor (CCP ) 6. Be familiar with all the various types of expunction (CCP , CCP , Alcoholic Bev Code , Health & Safety Code ), including the new expunction provisions added by HB 557 (CCP 55.01, 55.02, and , and Gov t Code , L.U. p. 45, 49 and 68) and HB 2059 (Alcoholic Bev Code , L.U. book P. 4) 7. Understand the requirements and procedure for deferred disposition (CCP ), including: a. Length of probation b. Special Expense Fee c. Show Cause Hearings d. Eligibility for Deferral 8. Understand the requirements and procedure for Drivers Safety Course (CCP ), including: a. What offenses are eligible b. When the defendant MUST be allowed to take it c. What the fees are d. Financial Responsibility e. Show Cause Hearings f. Texas DL/Military 9. Understand when a continuance must be granted in a criminal case. (CCP, , LU book p. 33) 10. Understand the discretionary/mandatory transfer of cases from Justice Court to Juvenile Court (Family Code 51.08) 11. Identify the presumption applied to defendants under 15 years old, and what must be done to rebut it (Penal Code 8.07)

9 12. Understand how a child s mental capacity may be raised as an issue and what happens when that occurs (Penal Code 8.08) 13. Understand the limitations on school offenses, new age ranges and eligibility requirements for disruption of class/transportation and disorderly conduct, and what the procedures are for offenses on school property. (Ed. Code , , , et seq.; CCP ; Ed. Code ; Penal Code 42.01) 14. Understand the requirements of confidentiality for juvenile and other records (CCP and new , HB 681, L.U. book P. 37) 15. Identify and understand continuing obligations by juveniles and parents (CCP , ) 16. Apply your responsibility to notify the juvenile court of certain convictions (Family Code (c)) 17. Know what constitutes Parent Contributing to Nonattendance (Ed. Code ) 18. Understand the court s options upon conviction in juvenile cases, including community service (CCP , , , both versions) 19. Know the options if the court s sanctions are not complied with (CCP , , ) 20. Identify penalties and sanctions for alcohol offenses, including: a. Purchase, Attempt to Purchase, Misrepresentation of Age, Possession and Consumption (Alcoholic Bev Code , ) b. DUI by a Minor (ABC , ) c. Public Intoxication (Penal Code 49.02) d. Open Container (Penal Code ) e. Alcohol Awareness Class and Community Service laws (ABC , ) 21. Know which pleas must be in open court for alcohol offenses (ABC ) 22. Identify penalties and sanctions for tobacco offenses and the rules for ecigarettes (Health & Safety Code et seq.) 23. Identify penalties and defenses for cockfighting offenses in our court (PC ) 24. Identify penalties, defenses, sanctions and expunction rights for sexting offenses (PC , CCP ) 25. Understand when interpreters must be provided (CCP 38.30, 38.31; Attorney General Opinion JC-0584) 26. Know the clerk s responsibility if an EPO is modified (CCP )

10 27. Identify fine ranges for: a. Class C Misdemeanors (Penal Code 12.23) b. General Transportation Code Provisions (Trans Code ) c. Other Transportation Code Provisions 1) DWLI ( ) 2) Seat Belt ( ) 3) Child Passenger Safety Seat ( ) 4) FMFR ( ) 5) Passing a School Bus (TC ) 6) Overweight Offenses (TC & ) 7) Texting and other Electronic Communication Offenses (TC , , , HB 62, L.U. book P. 151 et seq.) d. Tobacco Offenses (Health & Safety Code Ch. 161) 28. Know the procedures for dismissing Parks & Wildlife Offenses (PWC , , , ) 29. Know the requirements for receiving and returning cash appearance bonds (CCP 17.02) 30. Understand the default notice provisions for bond forfeitures, including when they must be sent certified mail (CCP 17.11) 31. Know the venue and procedure for a hearing on disposition of stolen property (CCP 47.01a) 32. Understand who may appeal from a hearing on disposition of stolen property and the timing requirement (CCP 47.12) 33. Understand when to apply the $2 Truancy Prevention and Diversion Fund court cost and when it may be retained in part by the county. (CCP ) 34. Know the restrictions on driving while using a wireless communication device. (TC , , , HB 62, L.U. book P. 151 et seq.) 35. Understand when a JP can issue orders granting title to a vehicle (TC ). 36. Identify when the offenses of Graffiti, Forgery, Data Tampering, Unauthorized Decryption, Criminal Mischief, Issuance of Bad Check, Theft including Theft by Check, and Organized Retail Theft are Class C misdemeanors. (PC 28.03, 28.08, 31.03, 31.04, 31.06, 31.16, 32.21, , , HB 351, HB 9, L.U. book P. 125 et seq.) 37. Identify when and how a driver s license hearing can be conducted telephonically. (TC , HB 3272, L.U. book P. 150)

SCHEDULE-AT-A-GLANCE

SCHEDULE-AT-A-GLANCE DAY ONE 10:30 12:30 P.M. Registration 12:30 12:45 P.M. Welcome Orientation Professionalism 1:00 3:00 P.M. Justice Melissa Goodwin (3 rd Court of Appeals) Debt Claim Cases and Receiverships