Judicial records of Upshur County in the state of Texas are maintained by the county clerk and the district court clerk, and access to them can be obtained through online tools, official court portals, and directly at the clerk's office. UpshurCourt.us will help you navigate publicly available information about county court cases. Additionally, it is worth using the Texas Judicial Branch portal, resources from the State Law Library of Texas, and directly contacting the Upshur County Clerk's Office.
Upshur Court System Overview
Upshur County is part of the 115th Judicial District of Texas. The 115th District Court serves Upshur and Marion counties. Upshur County is located in the eastern part of Texas with its center in Gilmer. In addition to the district court, the county has a constitutional county court (County Court) that handles lower jurisdiction cases — misdemeanors, civil claims with limited amounts, and probate matters. The Justice of the Peace Court operates in the respective precincts of the county and handles minor civil disputes and traffic violations.
Courts Serving Upshur
115th District Court
Upshur County Court (Constitutional)
Justice of the Peace Courts
The county has Justice of the Peace Courts in several precincts. Contact the county clerk's office to confirm the address and phone number of a specific precinct.
Federal Court — Eastern District of Texas
Upshur County belongs to the Eastern District of Texas (U.S. District Court for the Eastern District of Texas), Marshall Division.
Northeast Texas Child Protection Court
Child protection cases are handled by Northeast Texas CPC — #2, which serves Upshur County.
What Types of Cases Upshur Courts Hear
The county courts hear a wide range of cases. In brief:
- Felonies and misdemeanors
- Civil claims (from minor disputes to large sums)
- Family law — divorce, custody, child support, paternity
- Probate, guardianship, trust management
- Juvenile cases and child protection
- Traffic violations
- Adoption
District Court Cases in Upshur
The 115th District Court hears felonies after transfer from a lower court, civil cases with claims over $200, and family cases — divorce, custody, termination of parental rights. The district court judge presides individually. Cases are received after a grand jury indictment (for criminal cases) or after a petition is filed (for civil cases). Electronic filing of documents is mandatory for attorneys through the eFileTexas system. Appeals from the county court and Justice of the Peace Court also go to the district court.
Magistrate Court Cases in Upshur
The constitutional county court (County Court) and Justice of the Peace Courts perform lower jurisdiction functions. The county court hears Class A and B misdemeanors, civil cases with claims from $200 to $200,000, as well as probate and guardianship matters. The Justice of the Peace Court has jurisdiction over civil disputes up to $20,000, small claims up to $20,000, traffic violations, and some misdemeanors. Preliminary hearings in felony cases — arrest warrants, setting bail — are also conducted by the Justice of the Peace as a magistrate.
Family Law, Probate, and Juvenile Matters in Upshur
Family Law. Divorce, custody determination, child support, protective orders, and paternity cases are heard by the 115th District Court. A petition is filed through the district court clerk's office.
Probate and Guardianship. Probate cases, appointment of a guardian, and trust management are usually handled by the constitutional county court. To verify marriage and divorce records, you can also contact the Texas DSHS.
Juvenile Matters. Proceedings regarding juveniles and child protection cases are coordinated by the Northeast Texas Child Protection Court. Juvenile records are confidential under Texas law.
How Cases Move Through the Upshur Court System
- Case Initiation. A criminal case begins with the filing of a complaint or indictment. A civil case starts with a petition.
- Judge Assignment. The case is assigned to the appropriate judge depending on jurisdiction.
- First Hearing. In criminal cases — arraignment (announcement of charges and setting bail). In civil cases — a scheduling conference.
- Pre-Trial Phase. Motions by parties, exchange of evidence (discovery), plea negotiations or settlement discussions.
- Trial. A jury or judge individually renders a verdict. Plea agreements or settlements are also possible.
- Post-Judgment. Sentencing, filing an appeal, or enforcing the court's decision.
Court Administration, Local Rules, and Public Access in Upshur
The administrative judge of the 115th Judicial District coordinates court operations. Local court rules are published on the Texas Judicial Branch portal. According to the Texas Public Information Act, most court records are public, although juvenile cases, sealed records, and some family cases have restricted access.
Information about court activities can be obtained through the Office of Court Administration's reporting system. Hearings are generally open to the public. For clarification on the possibility of remote participation, contact the court clerk's office.
Court Records and Related Court Resources in Upshur
- Case Search. The State Law Library of Texas explains how to find district and county court records. Some counties provide online search — contact the Upshur County Clerk's Office for details.
- Hearing Calendar. The district court's schedule is available at the court clerk's office; child protection cases — through the Child Protection Court portal.
- Forms and Self-Help. Forms for expunction and nondisclosure of records are available on the Expunction & Nondisclosure page of the Texas State Law Library.
- Public Records Requests. Submit a written request to the Upshur County Clerk's Office. The clerk processes birth certificates, death records, and military documents.
- Inmate Search. Information about individuals in state correctional facilities is provided by the TDCJ Inmate Search. Search by previous number is possible through the TDCJ Offender Search.
- State Criminal Records. The Crime Records Division of the Texas Department of Public Safety provides access to criminal history checks.
- Sheriff's Office. The Upshur County Sheriff's Office is responsible for local arrests and detention.
- Accident Reports. TxDOT collects reports on accidents on public roads in Texas.
- Vehicle Records. Requests for vehicle registration are submitted through TxDMV Open Records.