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Subchapter 3 - Constables
§ 16-19-301. Peacekeeping duties and authority — Neglect of duty - (a) Each constable shall be a conservator of the peace...
§ 16-19-302. Proceedings against constables upon default - (a) A justice of the peace shall, upon the demand...
§ 16-19-303. Removal from office - (a) If any constable fails to pay over any money...
§ 16-19-304. Failure to pay moneys collected — Responsibility of sureties — Relief from liability - (a) If any constable receives from any person any bonds,...
§ 16-19-305. Continuance in office upon division of township - If any township is divided, the constable in office at...
§ 16-19-306. Restriction on constables' authority to appoint deputies - Constables in the various townships in this state shall have...
Subchapter 4 - Jurisdiction and Venue
§ 16-19-401. Jurisdiction in townships having a municipal court - (a) Justices of the peace in the townships subject to...
§ 16-19-402. Venue generally - (a) Actions cognizable before a justice of the peace, instituted...
§ 16-19-403. Joinder of defendants in different townships — Service of process by constable - If there are several defendants who reside in different townships...
§ 16-19-404. Venue where no justice of the peace in township or all justices disqualified - Whenever there is no justice of the peace within the...
§ 16-19-405. Venue where defendants residing in different counties - In any civil action cognizable before any justice of the...
§ 16-19-406. Change of venue to another justice upon showing of interest or prejudice - (a) Either party in a suit before a justice of...
§ 16-19-407. Change of venue from township - (a) Either party, at the calling of a cause before...
§ 16-19-408. Improper venue of action - (a) Whenever an objection is made by a defendant in...
§ 16-19-409. Change of venue from justice of peace to municipal court - (a) In any case, either civil or criminal, brought before...
§ 16-19-410. Additional compensation of justices of the peace in townships having a municipal court - A justice of the peace in a township subject to...
§ 16-19-411. Filing of reports of fees and costs - Justices of the peace in townships subject to this act...
§ 16-19-412. Improper use of process — Granting privileges — Failure to report or pay over fines - Any municipal judge, or any justice of the peace in...
Subchapter 5 - Process
§ 16-19-501. Authority to issue subpoenas - Justices of the peace shall have the same power to...
§ 16-19-502. Payment in advance for issuance of process - In all civil cases before a justice of the peace,...
§ 16-19-503. Service of process by constable — Fees - (a) (1) The summons and other process mentioned in §...
§ 16-19-504. Vacancy in constable's office — Service by constable of adjoining township — Mileage fees - (a) When the office of constable in any township becomes...
§ 16-19-505. Appointment of special agents to execute process — Endorsement on writ - Justices of the peace shall have power to appoint special...
§ 16-19-506. Manner of service and return - (a) The service and return thereto of the process provided...
Subchapter 6 - Trial
§ 16-19-601. Trial by court or jury - After the parties appear and the issues have been made...
§ 16-19-602. Adjournment - If from any cause, the justice of the peace is...
§ 16-19-603. Continuances — Testimony of adverse party's witness - (a) Either party may obtain a postponement of the cause...
§ 16-19-604. Jurors — Number and qualifications - The jury shall be composed of six (6) jurors who...
§ 16-19-605. Challenges to jurors - (a) In the formation of a jury, each party shall...
§ 16-19-606. Jurors — Oath - The justice of the peace shall administer to each juror...
§ 16-19-607. Jury to hear evidence in a body - After the jury are sworn, they shall sit together and...
§ 16-19-608. Witnesses generally - (a) Every person offered as a witness, before any testimony...
§ 16-19-609. Examination of adversary — Effect of refusal to submit to examination — Application on appeal - (a) Either party may examine the other on oath and...
§ 16-19-610. Witness and juror attendance and mileage fees - (a) The quorum court of any county may, by a...
§ 16-19-611. Verdict — Entry on docket - (a) The jurors must all agree to the verdict. (b)...
§ 16-19-612. Failure of jury to agree — Retrial - Whenever a justice is satisfied that a jury sworn in...
§ 16-19-613. New trial granted on motion — Exception - A new trial or rehearing may be granted by a...
Subchapter 7 - Dismissal, Default, Etc.
§ 16-19-701. Dismissal for want of prosecution generally - If the plaintiff fails to appear in person, or by...
§ 16-19-702. Judgment on proof on defendant's nonappearance generally - When the plaintiff's claim is not founded on a written...
§ 16-19-703. Actions founded on written instruments liquidating the claim of the plaintiff — Effect of failure of parties to appear - (a) When the suit is founded on an instrument of...
§ 16-19-704. Setoff on written instrument - In the cases contemplated in §§ 16-19-702 and 16-19-703(b), if...
§ 16-19-705. Setting aside judgment by default or dismissal for want of prosecution - A judgment of dismissal for want of prosecution, or judgment...
§ 16-19-706. Compromises — Confession of judgment - (a) After an action for the recovery of money is...
Subchapter 8 - Judgment
§ 16-19-801. Mutual judgments - (a) Mutual judgments between the same parties rendered by the...
§ 16-19-802. Remittitur - If any sum is found in favor of a party,...
Subchapter 9 - Stay of Execution
§ 16-19-901. Stay of execution generally - The execution from a judgment rendered by a justice of...
§ 16-19-902. Cases in which no stay to be allowed - No stay shall be allowed against any collecting officer, or...
§ 16-19-903. Bond - (a) To entitle any person to a stay of execution,...
§ 16-19-904. Agreed period of stay - If all the parties agree upon any other period, the...
§ 16-19-905. Stayed judgment lien on personal property - In all cases where execution is stayed on any judgment...
§ 16-19-906. Revocation of execution - If a judgment is stayed in the manner prescribed in...
§ 16-19-907. Immediate issuance of execution to prevent fraud - If the plaintiff or his agent makes an oath before...
§ 16-19-908. Execution issued where bond insufficient - If any plaintiff, in any judgment rendered before a justice...
§ 16-19-909. Failure to satisfy judgment — Levy against principal and security — Judgment for bail - (a) If at the expiration of the stay, any judgment...
Subchapter 10 - Execution, Levy, and Sale
§ 16-19-1001. Issuance generally - (a) Upon every judgment rendered by a justice of the...
§ 16-19-1002. Issuance of execution — Time limitations - Executions for the enforcement of judgments in a justice of...
§ 16-19-1003. Execution by other than regular justice - (a) Whenever a justice of the peace in any township...
§ 16-19-1004. Issuance against goods and chattels — Real estate exempt - (a) The execution shall be against the goods and chattels...
§ 16-19-1005. Levy outside of township - In case the defendant resides outside of the township where...
§ 16-19-1006. Renewal of execution upon return unsatisfied - (a) On executions issued and returned not satisfied, it shall...
§ 16-19-1007. Remedy of claimant of property levied upon - No trial of the right to any property levied upon...
§ 16-19-1008. Sale of goods and chattels levied upon — Notice - (a) The constable, after taking goods and chattels into his...
§ 16-19-1009. Return of execution - The constable shall return the execution and have the money...
§ 16-19-1010. Payment of judgment to constable or justice of the peace — Recovery by party entitled - (a) (1) The constable of the township shall receive all...
§ 16-19-1011. Suing out execution in circuit court — Procedure — Effect - (a) (1) Every justice of the peace, on the demand...
Subchapter 11 - Appeal
§ 16-19-1101. Rule and attachment — Compelling justice of the peace to allow appeal - If a justice of the peace fails to allow an...
§ 16-19-1102. Rule and attachment — Compelling return of proceedings by justice of the peace - Upon the appeal being made and allowed, the circuit court...
§ 16-19-1103. Amendment of return - Whenever the court is satisfied that the return of the...
§ 16-19-1104. Securing or correcting bond after allowance of appeal — No dismissal for want of bond - No appeal allowed by a justice of the peace shall...
§ 16-19-1105. Trial on appeal - (a) Upon the return of the justice of the peace...
§ 16-19-1106. Dismissal or failure to prosecute appeal — Effect - If the party appealing moves to dismiss in the circuit...
§ 16-19-1107. Judgment on appeal and proceedings thereon - In all cases of appeal from a justice of the...
§ 16-19-1108. Satisfaction of judgment by security — Judgment for amount paid — Interest - (a) After the return of an execution, satisfied in whole...