Civ Pro: Which court do I file in?

Many pro se litigants, or those filing lawsuits without the help of a lawyer, have questions about where to file their court documents. Read on to learn about the court structure of Texas and the different courts in the state and in Harris County. Keep in mind that if you are still unsure of where to file, it is always best to consult with an attorney.

The following webpages were referenced in creating this Civ Pro blog post and are great places to start when learning about the court system in Texas:

What are the different courts in Texas?

Click image to enlarge.

The Texas court system is divided into appellate courts and trial courts. The graphic to the right outlines the court structure of the state of Texas. You can view courts in Texas by county here.

State highest appellate courts
The Texas Supreme Court is Texas’ highest appellate court for civil cases. The Texas Court of Criminal Appeals is Texas’ highest appellate court for criminal cases.

State intermediate appellate courts
There are fourteen Courts of Appeals in Texas. View this list of counties served by each Court of Appeals.

State trial courts of general and special jurisdiction
District Courts have general jurisdiction in civil cases, felony criminal cases, and juvenile cases. 13 of the district courts are designated as Criminal District Courts.

County trial courts of limited jurisdiction
County-Level Courts include Constitutional County Courts, Statutory County Courts (or County Courts at Law), and Statutory Probate Courts.

Local trial courts of limited jurisdiction
Justice Courts and Municipal Courts have limited jurisdiction over some civil and criminal cases.

What is the clerk’s office?
The District Clerk’s Office serves the District Courts. The Harris County District Clerk’s Office has information about available methods for filing cases with the district clerk on its website. Most civil, family, and juvenile cases in Harris County are filed with the District Clerk’s Office. The District Clerk’s Office maintains the official records of Harris County District Courts (including Civil, Criminal, Family, and Juvenile District Courts), as well as County Criminal Courts and other specialty courts.

The County Clerk’s Office serves the County Courts. The Harris County Clerk's Office is where probate, personal records, and other certain civil cases are filed. The County Clerk also maintains the records of Commissioners Court, Harris County Probate Courts, and the Harris County Civil Courts at Law.

Harris County Courts
District & County Courts
Located at the Harris County Civil Courthouse (201 Caroline Street, downtown Houston) are the:

County Criminal Courts
Located at the Harris County Criminal Justice Center (1201 Franklin Street, downtown Houston) are the Harris County Criminal Courts at Law No. 1-16. These courts oversee Class A and B misdemeanors and other criminal cases.

Juvenile District Courts
The Harris County Juvenile Justice Center (1200 Congress Street, downtown Houston) houses the Juvenile District Courts.

Justice Courts
The Harris County Justice Courts are located at the Harris County Courthouse, also called the Harris County 1910 Courthouse (301 Fannin Street, downtown Houston), houses Justice of the Peace Precincts No. 1-8. The Justice Courts oversee small claims, traffic, eviction, occupational license, and some criminal cases.

Municipal Courts
There are over 30 cities within Harris County, and each has its own municipal court. There are six Houston Municipal Courts. Typically, the municipal courts handle city ordinance violations, Class C misdemeanors, and other municipal cases.

Where can I find court records and other Texas public records?

Or: e-file!
Check out our previous Civ Pro blog post on e-filing in Texas for tips and information about filing your court documents electronically.