Court Procedures, Rules & Conduct

1.1 Authority for Rules

Under the inherent power and duty of all Texas courts as codified in Section 21.001 of the Texas Government Code, the following Local Rules of the Municipal Court of the City of San Antonio, Texas (hereinafter “Local Rules”) are promulgated and shall apply and govern any and all proceedings held within any municipal court of the City of San Antonio, Bexar County, Texas. These rules are adopted for the purpose of securing uniformity of proceedings and in order to promote justice.

1.2 Application: In-person and Virtual Hearings

The Local Rules apply to all proceedings before the court whether in-person or by audio/visual means. Defendants, attorneys, their staff members, all court staff, witnesses and observers must adhere to these rules. Each judge may promulgate any other reasonable court rules for his/her court, which do not conflict with the rules and comply with relevant statutory or case law. Failure to comply with these rules may result in the imposition of sanctions, including contempt.

1.3 Effective Date

These Local Rules are effective January 1, 2023 and supersede all previous Local Rules of the City of San Antonio Municipal Court.

1.4 Availability

A copy of these Local Rules shall be available in every courtroom and on the Court website for the City of San Antonio.

1.5 Citation Form

These Local Rules shall be known as the Local Rules of the Municipal Court of the City of San Antonio, Texas and each rule may be cited as “San Antonio Municipal Court Rule ___”.

1.6 Authority of Municipal Court Judges

The Municipal Court of the City of San Antonio is one court, separated into different courtrooms, each referred to as a “court”. The duties and responsibilities of the judges, including the Presiding Judge, are generally set forth by city ordinance, city charter and other state statutes. The Judges shall serve in such courts and at such times as prescribed by the Presiding Judge. Each Judge, whether a full-time Judge or a part-time Judge has all the authority within the court in which he/she is sitting. The Presiding Judge may temporarily assign Judges to exchange benches and to sit and act for each other in a proceeding pending in a court if necessary for the expeditious disposition of business in the courts. Every Municipal Judge is also a Magistrate In Bexar County into which the City of San Antonio lies and they have all authority as a Magistrate as set forth in state law.

1.7 Hours of Operation

The hours of operation of the court shall be posted on the front doors at the

Frank Wing Municipal Court Building
401 S. Frio St.
San Antonio, TX 78207
Directions

General arraignment:
Monday - Friday:  8 a.m. - 4:30 p.m.
Closed on City holidays.

The Magistrate Court is open 24 hours per day, including weekends and holidays. Payments and general court information can be accessed online at any time.

All persons, whether lawyers, parties, witnesses, jurors, or spectators, conducting business, participating in trials, or otherwise attending proceedings in a courtroom or before the court in person or through a virtual hearing, shall conduct themselves in a manner respectful of the court’s authority and function so as to maintain the dignity, integrity, decorum, seriousness and professional atmosphere of the court and the administration of justice.

2.1 Promptness

All parties shall be prompt in arriving for court and attending to court business.

2.2 Dress Code

Proper attire is required for all court proceedings. The following accessories and items of clothing are not permitted:

1. Clothing with vulgar, profane or obscene messages
2. Visible undergarments
3. Holes in clothing where skin is visible
4. Bare midriff
5. Head coverings other than for religious or medical purposes

The Judge shall have the discretion as to what will be acceptable attire in the courtroom.

2.3 Conduct Required of All Persons Attending Court

Court is in session whenever the Judge is on the Bench. While court is in session, unless the Judge directs otherwise, the following conduct must be observed:

1. No eating, drinking, gum chewing, smoking or use of tobacco products.
2. No propping feet or sitting on tables, railings or the backs of benches or chairs.
3. No loud noises or outbursts.
4. No standing in the courtroom, except when addressing the court, by direction of the judge, when necessitated by the business of the court or if medically necessary.
5. No gestures, facial expressions or sounds indicating approval or disapproval of a ruling by the court or a comment on testimony of a witness.
6. No unattended children in the courtroom.
7. Absolutely no weapons shall be brought into the courthouse, with the exception of those intended to be offered as evidence. Commissioned peace officers may bring weapons in the courtroom. The judge shall have the discretion to have any object removed from the courtroom. Prohibited items include:
   1. Illegal or Deadly Weapons designated as such by the Texas Penal Code
   2. Clubs (batons, blackjacks, ASPs)
   3. Knives of any kind, regardless of size or intended use
   4. Chemical spray (mace, pepper spray)
   5. Knuckles (any item that consists of finger rings and designed for striking)
   6. Lighters
   7. E-Cigarettes
   8. Aerosol hair sprays
   9. Corkscrews
   10. Large nails, screws, letter openers, etc.
   11. Razor blades, box cutters
   12. Pointed scissors
   13. Heavy chain items (sometimes attached to wallets)
   14. Glass items

   Any other item the court security personnel, by use of his/her knowledge, experience, and training determines could be used as a weapon.

   Order in the court shall be maintained at all times. Violation of this rule can result in a reprimand by the Judge, expulsion from the courtroom, or contempt of court.

2.4 Conduct Required in the Use of Cellular Phones, Portable Computers, Photographic, Recording or other Electronic Equipment

Court is in session whenever the Judge is on the Bench. While court is in session, unless the Judge directs otherwise, the following conduct and use of technology must be observed to protect the privacy of parties, observers and court personnel conducting business from unwanted conduct and intrusion from others in the courthouse:

1. No cellular telephones are to be used in the courtroom except by express permission of the Judge. All cell phones and electronic devices including laptop computers and tablets must be powered off or silenced. Electronic tablets or laptop computers may not be used in the courtroom, except by attorneys, their staffs and pro se Defendants, while processing a case or docket or by express permission of the Judge. Any device which rings or otherwise makes noise may be taken by the Bailiff and not returned until the conclusion of the court proceeding.
2. The photographing, recording, broadcasting or televising any person, object or proceeding inside the City of San Antonio Municipal Court building is not permitted, unless previously authorized by the court. Municipal Court bailiffs and security officers shall be extra vigilant in ensuring that cellular telephones/devices with camera capabilities, cameras or other recording devices are not to be used to photograph, record, and broadcast or televise any person, object or proceeding.
3. Cellular devices, laptop computers and tablet computers may be used in the common areas provided that; they are used in a reasonable and non-disruptive manner, subject to the recording prohibitions listed above.

Violation of these rules may result in the individual being removed from the City of San Antonio Municipal Court Building, the confiscation of cellular devices, laptop or tablet computers and any other electronic recording devices or photographic equipment, and/or a finding of contempt of court for any violation of this rule.

3.1 Responsibility

It is the responsibility of all persons with business before the court to:

1. Determine the date, time, location and nature of each setting of the case(s) and,
2. Immediately notify the court of any changes to the contact information of the pro se defendant or of counsel for the defendant. To include, changes in mailing address, cellular, home or work telephone number and email address.

3.2 Notice

Notice of the date, time, location and nature of each setting shall be given by the court to a pro se defendant and/or counsel for defendant in person or by electronic means (text messaging and email) and by USPS mail to the last known address.

3.3 Walk-in Courts

Attorneys and pro se defendants may request to see a judge on the walk-in docket to handle cases not set on that particular day’s docket and cases with active warrants. Attorneys and pro se defendants will be seen at the discretion of the judge presiding over the walk-in docket.

3.4 Complaint

A copy of the complaint will be made available to the defendant or counsel upon assignment of pretrial/trial setting or upon request.

3.5 Plea by Defendant

1. All pleas not entered in open court must be in writing.
2. Payment in full without entering a plea on a case shall constitute a guilty/no contest plea.
3. A plea of not guilty by an attorney or a pro se defendant will result in a pretrial/trial setting. The attorney or pro se defendant shall inform the court whether he/she desires a jury trial or a bench trial (a trial without a jury). A refusal by an attorney or pro se defendant to enter a plea will result in a “not guilty” plea and the case(s) will be set for pretrial/jury trial.
4. A plea or document is considered timely filed with the clerk of the court if:
   1. The document is deposited with the United States Postal Service in a first-class postage prepaid envelope properly addressed to the clerk of the court and clearly postmarked on or before the date the document is required to be filed with the clerk; and
   2. The clerk receives the document not later than the 10th day after the document is required to be filed with the clerk (day does not include Saturday, Sunday or a legal holiday).

3.6 Requests for Assistance

A party desiring the services of an interpreter should file the request in writing as soon as possible or in open court in case of a verbal plea.

Accommodations for persons with disabilities will be made upon request.

3.7 Verbal Representations

Reliance by any party upon verbal representations from any court staff or a police officer concerning any matters shall not be binding as grounds for continuance, setting aside a warrant or judgment, dismissal of any case or any other relief.

4.1 Pre-Trial Motions

All motions shall be filed in the following manner:

In Person and By Mail

San Antonio Municipal Court, Records and Filings
401 S. Frio St., Room 131
San Antonio, TX 78207
Directions

Electronic Filing (For attorneys only)

File electronically through the San Antonio Municipal Court Records and Docket Search website.

First time users must request access via attyconnect@sanantonio.gov and log in instructions will be sent to the attorney.

Pre-Trial motions shall be filed at least 14 days prior to the pretrial date and responses thereto, if any, shall be filed at least seven days prior to pretrial date. If no pretrial date is set, pretrial motions shall be filed at least 14 days prior to the trial date and responses thereto, if any, shall be filed at least seven days prior to trial date. If a pretrial motion has not been ruled on before pretrial/trial date, such motion may be heard on the date of pretrial/trial. Each motion or response shall contain a certificate of service signed by the movant or respondent indicating that a copy of such motion or response has been served upon the opposing party, the manner of service and the date of service. Service of process on the City Prosecutor’s Office can be made:

In Person and By Mail

City Prosecutor’s Office
401 S. Frio St., Room 204
San Antonio, TX 78207
Directions

By Fax

210-207-7358

All Motions must be in writing and contain:

1. The Cause number;
2. The name of the defendant;
3. A certificate of service;
4. A setting form; and
5. A proposed order for the judge to designate whether the motion is “Granted” or “Denied.”

4.2 Motions for Continuance

Motions for continuance require good cause shown and will not be granted for delay purposes. A motion for continuance shall be filed with the court at least seven days prior to the trial date or as soon as any party is aware of the necessity for seeking a continuance.

Continuances are governed by Chapter 29 of the Texas Code of Criminal Procedure. San Antonio Municipal Court Rule 7.2 is intended to supplement and not to replace the provisions of the Code of Criminal Procedure.

4.2.1 Form

1. All Motions for continuance shall be in writing and shall be filed with the Municipal Court Clerk in which the case is set at least seven working days prior to the scheduled court date.
2. Each motion for continuance shall contain:
   1. The cause number;
   2. The name of the defendant;
   3. The date and time of the setting for which the continuance is sought;
   4. The specific facts justifying the continuance. If the reason for the continuance is a conflict with a setting in another court, the motion shall contain the style and cause number of the other case, as well as the court number and time of the conflict;
   5. A certificate of service;
   6. An oath attesting to the truth of the matters contained in the motion; and
   7. A proposed order for the judge to designate whether the motion is “Granted” or “Denied.”

4.2.2 Emergency Motions

Where the underlying facts (good cause) which form the basis for a motion for continuance were not discovered and could not have been discovered through the exercise of due diligence, an emergency motion for continuance may be filed. Such motion may be filed at any time prior to the respective court proceeding and will be ruled on by the judge at the call of the docket.

4.2.3 Factors

With the exception of continuances sought on constitutional or statutory grounds, the following factors will be considered in the determining whether the motion shall be granted or denied:

1. The specific nature of the conflict in scheduling;
2. The age of the case;
3. The number of previous continuances granted to each party;
4. The timeliness of the filing of the motion, including the date on which the scheduling conflict, if any, became known to the movant; and
5. Any other matter relevant to the motion.

4.2.4 Forum

A motion for continuance shall be presented to the court in which the case is set to be heard. In all cases, the ruling on a motion for continuance shall be at the discretion of the judge of the court where the case is set to be heard.

4.2.5 Denied Motions

If a defendant’s motion for continuance is denied, in order for the defendant to avoid a warrant, a bond in the amount set by the court may be required to be posted, at the discretion of the judge denying the motion. It is the responsibility of the pro se defendant or the counsel for defendant to determine whether the motion was granted or denied and to determine whether a bond is required. If a State’s motion for continuance is denied, the case will proceed to trial, plea or other disposition.

4.3 Attorney Vacations and Other Unavailability

1. Notice.
   Attorneys who desire to take a vacation, or who know that they will be unavailable for hearings and/or trials, and who wish to prevent the scheduling of hearings during their absence must give written notice to the Municipal Court Clerk and to the attorneys-in-charge for other parties in the cases affected at least 30 days before the vacation or period of unavailability will begin. Notice to the Municipal Court Clerk shall be filed:

   In Person or By Mail

   San Antonio Municipal Court, Records and Filings
   401 S. Frio St., Room 131
   San Antonio, TX 78207
   Directions

   Or By Email

   attyconnect@sanantonio.gov

2. Existing Settings.
   Existing settings will not be dropped, postponed, or rescheduled solely on the basis of a vacation or unavailability letter. Attorneys who desire to take a vacation or otherwise be unavailable must reschedule existing hearings and/or trials by motion for continuance and ruling from the judge presiding in the court where the setting is pending.

4.4 Motions to Withdraw / Substitute

Any attorney who makes an appearance on behalf of a defendant shall continue to be considered by the court as the attorney of record for that defendant until a written motion to withdraw/substitute is filed by that attorney and is granted by the court or the case is disposed of by trial, plea, deferred disposition or driver safety granted, dismissal or substitution of counsel.

4.4.1 Withdrawal without a Hearing

A motion to withdraw as counsel for defendant may be granted without a hearing only if the moving attorney files a verified certificate stating the last known mailing address; email and telephone contact information of the defendant and describes what efforts have been made to locate the defendant or if counsel files along with the motion a written consent to the withdrawal signed by the client which consent acknowledges that the defendant has been advised of all future court settings.

4.4.2 Withdrawal with a Hearing

If the requirements of Rule 7.3.1 are not satisfied, a motion to withdraw must be presented to the court at a hearing after notice to the defendant and to all other parties.

4.4.3 Substitution of Counsel

A motion to substitute counsel shall be signed by the attorney who currently represents the defendant as well as the attorney who wishes to undertake representation of the defendant. The motion must include an affirmative statement that the defendant has consented to the substitution. If a motion to withdraw as counsel for defendant also contains a motion to substitute counsel and a notice of appearance by another attorney, the attorney named in the motion to substitute will thereafter be considered by the court as attorney of record for the defendant.

5.1 Docket Order

Subject to the discretion of the judge calling the docket, the order of cases actually proceeding to trial, whether bench trial or jury trial, shall be as follows:

1. Preferential settings
2. Set according to age, oldest first
3. Other circumstance as determined by the court in the interest of justice.

All cases not proceeding to trial and/or not otherwise disposed of on a docket will be noted as a court’s reset unless a reset was requested by a party and granted by the court.

5.2 Preferential Setting

To receive a preferential setting, subject to the judge’s approval, a party must meet one of the following criteria:

1. Reside more than 250 miles outside the city limits of San Antonio.
2. Have a condition, illness or injury that would necessitate an expedited disposition of the case;
3. Have an outside witness who has appeared at least one prior trial setting without the case having been reached.

5.3 Defendant Attendance

Every defendant shall be present at the call of every pretrial/trial docket, unless his/her attorney has filed and been granted a motion for continuance. Every pro se defendant shall be present at the call of his/her pretrial/ trial docket unless he/she has filed and been granted a motion for continuance. The judge shall issue a capias warrant for any defendant who fails to timely appear without having been granted a continuance.

6.1 Juvenile Defined

A juvenile is a defendant who is at least 10 years of age and is younger than 17 years of age.

6.2 Entering a Plea

A juvenile must enter his/her plea in open court with a parent or legal guardian present.

6.3 Notice of Current Address

The parents or legal guardians of the juvenile have a continuing obligation to given written notice of their current address and any change of address.

6.4 Minor in Possession and other Alcoholic Beverage Code Violations

A minor (anyone under the age of 21 years at the time of the alleged violation) may only enter a plea of guilty to an Alcohol Beverage Code violation in open court in accordance with Alcohol Beverage Code Article 106.01 etc.

Rule 7.1 Letters of Representation

Attorneys must submit a written letter of representation/notice of appearance on each case they are appearing for a client defendant. Appearances should be filed in the following manner:

In Person and By Mail

San Antonio Municipal Court, Records and Filings
401 S. Frio St., Room 131
San Antonio, TX 78207
Directions

By Email

attyconnect@sanantonio.gov

Rule 7.2 Attorney-Connect

Attorney Connect is a resource email which allows attorneys to resolve clients’ cases without the necessity of appearing in person at the courthouse. Attorneys may submit their request to attyconnect@sanantonio.gov to receive information on using this service.

Rule 7.3 Attorney Plea Bargain

Two attorney plea bargain dockets are offered weekly (excluding holidays) for attorneys to resolve client cases.

In Person

Friday: 9 a.m. – 11 a.m.

401 S. Frio St., Court 3
San Antonio, TX 78207
Directions

Virtual

Friday: 1 p.m. – 3:45 p.m.

Via Zoom Meeting

Attorneys may submit their request to attyconnect@sanantonio.gov to be placed on virtual plea bargain docket.

Rule 7.4 Attorney Responsibility

Attorneys shall adhere to these Rules of Court Conduct and Decorum when they practice before all courts both in person and virtually and shall conduct themselves in accordance with the Texas Disciplinary Rules of Professional Conduct. It is the responsibility of the attorney to timely notify clients of pending court dates, plea offers, court orders and deadlines. Attorneys shall ensure proper service of process to the City of San Antonio Prosecutor’s Office in accordance with Chapter 28 of the Texas Code of Criminal Procedure.

8.1 Motion for New Trial and Appeals

All motions for new trials and appeals shall be

Mailed or Filed

San Antonio Municipal Court, Records and Filings
401 S. Frio St., Room 131
San Antonio, TX 78207

Electronically

Additionally, attorneys may electronically file motions for new trials and appeals.

8.2 Admonishment

Pro se defendants are admonished, due to the inherent complexities of appellate law, to consider retaining counsel to represent them on appeal.

8.3 Inability to Pay Fine

If a defendant does not appeal the court’s decision, but claims indigency, the defendant may request an indigency hearing. At that hearing the defendant shall be required to show cause why he/she cannot discharge the fine by making payments or performing community service hours in lieu of payment.

8.4 Indigency Upon Appeal

If a defendant is indigent and unable to pay either the appeal bond or to pay for the transcript, he/she may file an affidavit of indigency with the court and file a motion to waive costs on forms approve by the court. Such affidavit of indigence and/or motion to waive costs must be filed within the 10 day statutory period to file an appeal bond. A hearing on the motion to waive costs shall then be scheduled by the judge who entered the order being appealed.