A relatively new series of rules located within Chapter 500 of the Texas Rules of Civil Procedure govern all claims filed in the Justice Courts. Among the different classes of claims are eviction or "forcible entry and detainer" suits.
Section 24.004(a) of the Texas Property Code provides that exclusive jurisdiction for eviction suits lies in the Justice Courts:
Except as provided by Subsection (b), a justice court in the precinct in which the real property is located has jurisdiction in eviction suits. Eviction suits include forcible entry and detainer and forcible detainer suits. A justice court has jurisdiction to issue a writ of possession under Sections 24.0054(a), (a-2), and (a-3).
Given this jurisdictional requirement, (which is also reflected in Section 27.031(a)(2) of the Texas Government Code) eviction suits must originate and be filed in the Justice Court in the County and precinct where the rental or other contested property is located.
However, unlike most other types of lawsuits, evictions (and other small claims proceedings) are subject to an automatic appeal to the County Court. Texas Rule of Civil Procedure 510.9(a) provides:
A party may appeal a judgment in an eviction case by filing a bond, making a cash deposit, or filing a sworn statement of inability to pay with the justice court within 5 days after the judgment is signed.By law, these appeals are de novo, meaning "new" or "as if the trial in the Justice Court never occurred." TRCP 510.10(c) provides:
The case must be tried de novo in the county court. A trial de novo is a new trial in which the entire case is presented as if there had been no previous trial. The trial, as well as any hearings and motions, is entitled to precedence in the county court.
- All eviction suits must originally be filed in Justice Court;
- Either party to a Judgement entered by the Justice Court may appeal by following specified procedures;
- The appeal is taken to the County Court sitting in the same county as the Justice Court being appealed-from;
- Trial in the County Court is "new," and the evidence, testimony and Judgment arising from the original Justice Court proceeding are irrelevant.
