Ord 1988-007 - Laserfiche WebLink

Home Browse Search

-4- (3) The municipal clerk shall be the official in charge of the selection process. (4) Each juror is subject to the laws governing exemptions and excuses from jury service in other courts. Sec. 17-8. Appeal. (1) A defendant has the right of appeal from a judgment or conviction in a municipal court of record. The Hays County county courts-at-law have jurisdiction of appeals from the municipal court of record. The City Attorney or his or her assistants or deputies shall prosecute all appeals from the municipal court of record. (2) To perfect an appeal, the Defendant must file a written motion for new trial not later than the 10th day after the date on which judgment is rendered. The motion must set forth the points of error of which the defendant complains. The motion or an amended motion may be amended by leave of court at any time before action on the motion is taken, but not later than the 20th day after the date on which the original or amended motion is filed. The court may for good cause extend the time for filing or amending" but the extension may not exceed ninety (90) days from the original filing deadline. If the court does not act on the motion before the expiration of the thirty (30) days allowed for determination of the motion, the original or amended motion is overruled by operation of law. (3) To perfect an appeal, the defendant must also give notice of the appeal. If the defendant requests a hearing on the motion for new trial, the defendant may give the notice of appeal orally in open court on the overruling of the motion. If there is no hearing, the defendant must give a written notice of appeal and must file the notice with the court not later than the 10th day after the date on which the motion is overruled. The court may for good cause extend that time period, but the extension may not exceed ninety (90) days from the original filing deadline. Sec. 17-9. Appeal Bond. (1) If the defendant is not in custody, the defendant may not take an appeal until the defendant files an appeal bond with the municipal court of record. The bond must be approved by the court and must be filed not later than the 10th day after the date on which the motion for new trial is overruled. If the defendant is in custody, the defendant shall be committed to jail unless the defendant posts the appeal bond. (2) The appeal bond must be in the amount of $50 or double the amount of the fines and costs adjudged against the defendant, whichever is greater. The bond must state that the defendant was convicted in the case and has appealed, and it must be conditioned on the defendant's immediate and daily personal appearance in the court to which the appeal is taken. Sec. 17-10. Record on Appeal. The record on appeal consists of a transcript and, if necessary to the appeal, a statement of facts. The court reporter shall prepare the record from the reporter's record or mechanical or videotape recordings of the proceedings. The defendant shall pay for the cost of the transcription. If the court finds that the defendant is unable to payor give security for the record on appeal after a hearing in response to an affidavit by the defendant, the court shall order the reporter to prepare the record without charge to the defendant. If the case is reversed on appeal, the court shall promptly refund the cost to the defendant.