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Texas law for claimants and consumers: two high courts, hard deadlines, and a homestead like nowhere else

VerifiedLawFirms editorial · Updated 2026-07-17 · Editor-reviewed 2026-07-17

Five linked sections, one continuous guide. The sources cited below apply throughout.

How the Texas court system is organized

Texas is the rare state with two supreme courts: the Supreme Court of Texas hears civil and juvenile matters, the Court of Criminal Appeals hears criminal, and nothing above them reconciles the two short of the U.S. Supreme Court on federal questions.

Below the twin peaks sit fourteen intermediate Courts of Appeals, whose districts overlap in places so that two appellate courts can hear appeals from the same trial courthouse, a mapping quirk with real forum consequences that 2023 consolidation legislation only partly tamed.

Trial jurisdiction spreads across a famously tangled set of courts: district courts as the workhorses of general jurisdiction, county courts at law with expanding civil ceilings, constitutional county courts, statutory probate courts in the metros, and justice of the peace courts handling small claims and evictions with jurisdiction to twenty thousand dollars.

The 2024 additions changed the business-court map: a statewide Business Court now hears large commercial disputes with appointed judges, paired with the Fifteenth Court of Appeals for its appeals and state constitutional challenges, Texas's explicit bid for Delaware-style adjudication.

Judges are elected in partisan races at every level, a fact that shapes venue thinking, appellate strategy, and the periodic sweep of benches when political tides turn.

Juries are available broadly, six in county and justice courts, twelve in district court, with five-sixths verdicts permitted in civil cases, and Texas famously extends jury trial rights into corners other states reserve for judges, including custody determinations the family section of this directory notes.

Procedure runs under the Texas Rules of Civil Procedure with a discovery-control-plan system that scales process to case size, and the expedited actions rule caps discovery and trial length for mid-sized money claims, a proportionality experiment other states now copy.

E-filing is universal through the state portal, remote hearings persist for non-evidentiary matters, and the courts publish caseload data through the Office of Court Administration in detail researchers envy.

Venue law is its own Texas specialty: general venue where defendants reside or events occurred, mandatory venue statutes for specific claims, and multidistrict litigation panels for mass matters, all litigated hard because county lines here separate very different jury pools.

For a claimant the orientation is simple even where the chart is not: money disputes start in a JP, county, or district court by amount, appeals go to your geographic court of appeals, civil doctrine ends in Austin at the Supreme Court, and the deadlines beneath it all, the next section, are among the least forgiving in the country.

Court-watching pays here more than most places: the Office of Court Administration publishes docket statistics to the county level, evictions in the justice courts move on days' notice with appeals de novo to county court, and probate practice concentrates in the statutory probate courts of the five big metros, whose judges wield broad powers over guardianships and estates.

Visiting and senior judges fill benches routinely, assignment objections exist with strict timing, and recusal practice runs through the regional presiding judges, procedural corners that matter exactly when a case draws the wrong courtroom.

The state's size makes intermediate-court geography strategic: the same trial court may answer to two courts of appeals, transfer dockets equalize workloads by moving appeals between districts, and conflicting appellate precedent can govern identical questions a county apart until the high court resolves it.

Jury practice includes the shuffle, a one-time random reordering of the venire either side may demand before voir dire, folklore-famous and occasionally decisive in panels with visible demographic clustering.

Municipal and justice courts handle the volume tier without records, so appeals restart from scratch, a two-bites structure that shapes how small disputes and citations are actually contested.

Orientation advice for newcomers is procedural humility: confirm which appellate district binds the trial court, read the local rules and the judge's procedures page, and ask the clerk's office about submission practice, because motions in many courts here are decided on written submission dates rather than oral hearings. The structure looks baroque on the chart, but it runs on published rules and long-standing customs, and practitioners who respect both find it fast, direct, and surprisingly informal in the courtroom itself.

For self-represented parties the justice courts are the designed entry point: simplified rules apply by statute, the forms are published, evictions and small debts move quickly, and the de novo appeal provides a safety valve that forgives first-hearing mistakes. Legal aid capacity is thinner here than the coasts, but the law library systems in the metropolitan counties and the state bar's public resources fill more of the gap than newcomers expect, and an hour of preparation against the published checklists changes outcomes at this tier.

The courthouse culture rewards directness: hearings are short, argument is expected to start at the point, and judges here read the papers but rule from the bench. Out-of-state counsel who over-lawyer simple motions stand out immediately, and not favorably.

Deadlines that decide Texas cases

The Texas personal injury statute is two years from the injury (Civ. Prac. & Rem. Code § 16.003), and the state's courts enforce it with little of the equitable softening other jurisdictions allow.

Contract claims run four years, fraud four, property damage two, and defamation one, with the discovery rule available only where injury is inherently undiscoverable and objectively verifiable, a standard Texas keeps deliberately narrow.

Medical malpractice compresses further under Chapter 74: two years from the occurrence with almost no discovery rule, a ten-year statute of repose, pre-suit notice sixty days before filing, and the expert-report requirement, a qualified expert's report served within one hundred twenty days of the answer or the case is dismissed with fees. The expert report deadline has killed more Texas malpractice cases than any jury.

Suits against governments run through the Texas Tort Claims Act's narrow waiver: notice to the entity within six months, shorter under many city charters, some as brief as forty-five days, damage caps by entity type, and immunity preserved for most discretionary conduct. The pothole and the police pursuit live under different rules than the private fender-bender.

Minors' claims toll during minority for most purposes, but the medical repose and notice structures cut across tolling in ways that make early advice essential for injured children.

Inside litigation the clocks continue: answers due by the Monday-next formula that surprises out-of-state counsel, discovery periods set by the control plan level, expert designations on countdown, and the dismissal docket for want of prosecution sweeping stale cases.

Texas's offer-of-settlement rule shifts litigation costs within statutory bounds after rejected offers in cases where invoked, quieter than California's 998 but present in serious defense strategy.

Judgments live ten years and renew; abstracts of judgment create county-by-county liens; and the state's collection regime, generous exemptions, no wage garnishment for ordinary debts, gives Texas defendants a durability plaintiffs must price at intake.

Employment deadlines track the federal scheme with a state overlay: three hundred days to the EEOC where the Texas Workforce Commission shares jurisdiction, one hundred eighty to the TWC alone, and whistleblower and workers' compensation retaliation claims on their own short statutes.

The through-line is austerity: Texas gives two years where others give three, demands expert proof at the courthouse door in malpractice, and shortens government notice by charter. The claimant who calendars accrual week one and identifies public defendants immediately has kept the options the state is quickest to withdraw.

A few more clocks complete the calendar: consumer suits under the deceptive practices statute run two years from discovery; survival actions and wrongful death both run two years with distinct accruals; premises claims follow the general period; and restricted appeals give non-participating defendants six months to attack default judgments on the record's face.

Anti-SLAPP timing is procedural law with teeth: the motion is due within sixty days of service, filing stays discovery automatically, and denial is immediately appealable, which turns the first two months of any speech-adjacent business suit into the whole war.

Medical billing proof runs through section 18.001 affidavits: uncontroverted cost affidavits establish reasonableness without live witnesses, counter-affidavits joust on strict deadlines, and half of damages practice is this paperwork done punctually.

Punitive exposure changes discovery in stages: net-worth discovery requires a preliminary showing, trials bifurcate on request, and unanimity requirements apply to the exemplary findings, sequencing that defense counsel invoke as a matter of course.

The seat-belt rule flipped in 2015: nonuse is now admissible to reduce damages, overturning four decades of exclusion, and crash valuations here have priced belt evidence ever since.

A worked example makes the austerity concrete. A patient injured by an emergency-room error has two years from the event, not discovery, in most postures; the hospital district defendant may require notice within weeks under a city charter; and the corroborating expert report is due within four months of the answer, prepared by a physician in the right specialty at real cost. Miss any of the three and the merits never matter. The same facts in a neighboring state might support a leisurely investigation; here they demand a sprint that begins the week the injury is recognized.

The tolling corrections apply here with extra force given the shorter default period: negotiations pause nothing, adjuster goodwill pauses nothing, and only suit or a written agreement stops the clock. The discovery rule's narrowness means even sympathetic latency arguments fail more often than not, and the safe planning assumption is accrual at the event. Counsel here file protective suits rather than trust doctrines, and clients should expect that advice early rather than read it as aggression.

Calendar discipline has one more local dimension: county holidays, hurricane closures on the coast, and rural courthouse schedules can shift effective deadlines, and the e-filing portal's timestamp, not the clerk's morning, controls timeliness. File early in the day and keep the confirmation.

Proportionate responsibility and the damages rulebook

Texas litigates fault under proportionate responsibility, and the fifty-one percent bar is its center: a claimant found more than half responsible recovers nothing, and below that line damages reduce by the claimant's percentage (Civ. Prac. & Rem. Code ch. 33).

The responsible-third-party practice is the chapter's sharp edge: defendants may designate absent actors, the criminal assailant, the settled party, the employer immune under workers' compensation, and juries apportion fault to empty chairs, diluting recovery without those parties paying a cent. Fighting designations is core Texas plaintiff work.

Damages themselves are statutorily engineered. Medical expenses are limited to amounts actually paid or incurred, not the billed sticker prices (§ 41.0105), and the paid-versus-incurred fight reshaped valuation here a decade before other states followed.

Noneconomic damages are uncapped in ordinary negligence, Texas juries can and do award them fully, but medical malpractice carries hard caps: two hundred fifty thousand dollars against physicians regardless of count, with an overall structure topping out at seven hundred fifty thousand across institutional defendants, unindexed since 2003 and shrinking in real terms every year.

Punitive damages, exemplary in Texas usage, require unanimous jury findings on clear and convincing evidence and cap at the greater of two hundred thousand dollars or twice economic damages plus noneconomic damages up to seven hundred fifty thousand.

Workers' compensation is elective for employers, unique nationally: subscribers get the exclusive-remedy shield, but nonsubscribing employers, a meaningful share of the Texas market, face negligence suits stripped of contributory negligence and assumption-of-risk defenses, a high-stakes gamble both directions that generates its own practice area.

Dram shop liability exists by statute with a safe-harbor for trained-server programs; social host liability is nearly absent. The Texas Alcoholic Beverage Code, not common law, sets the terms.

Insurance practice runs through the Insurance Code's prompt-payment and bad-faith provisions, with statutory interest penalties and fee-shifting that discipline claim handling, and the 2017 hail-litigation reforms that trimmed weather-claim suits mark the legislature's readiness to adjust the dials.

The Deceptive Trade Practices Act is the consumer counterweight in an otherwise defense-tilted rulebook: economic damages plus mental anguish for knowing violations, trebling for intentional conduct, fee-shifting to prevailing consumers, and a pre-suit notice requirement sixty days out. Wielded properly it moves businesses that ignore ordinary demand letters.

Read together, the rulebook rewards early liability development and honest valuation: the empty chair can take half your verdict, the hospital lien and the paid-or-incurred rule will compress the medical number, and the caps in malpractice set ceilings no advocacy moves. Texas cases are won on liability percentages and documented economic loss.

Collections law completes the picture the damages rules start: abstract, record, and renew is the creditor's liturgy, turnover orders reach nonexempt assets the sheriff cannot, and the exemption schedule beyond the homestead, vehicles per driver, tools, retirement accounts, makes many consumer judgments functionally symbolic. Plaintiffs price collectability at intake; defendants should know their sanctuary before paying settlements fear alone would extract.

Hospital and emergency liens attach by statute to crash recoveries with notice formalities that determine validity, and letter-of-protection treatment, common where health coverage is thin, draws discovery into funding arrangements and referral patterns under recent appellate scrutiny.

Periodic-payment provisions let large future-damages awards be structured by court order in health care cases, one more Chapter 74 feature that shapes how catastrophic verdicts convert to money.

Insurance procedure adds the Stowers doctrine, the state's common-law engine for policy-limits demands: a reasonable within-limits demand refused can expose the carrier beyond limits, and Stowers letters are drafted here with the care other states reserve for pleadings.

Arbitration runs strong in consumer and employment contracts under the federal act, but personal injury carve-outs are common, and the DTPA's tie-in provisions void some waivers, a clause-reading exercise at intake.

The rulebook's coherence appears once its purpose is seen: nearly every provision channels disputes toward documented economic loss and away from open-ended jury discretion. Sticker-price medical bills, phantom defendants, and surprise experts are each addressed by a specific statute, which means case value here is computed from paper early and adjusted at the margins by advocacy. Plaintiffs who accept the arithmetic and build records accordingly settle well; those who price cases on out-of-state instincts learn the discount at mediation.

Defendants and businesses reading defensively should note the mirror image: the notice statutes, affidavit procedures, and designation rules all reward the organized respondent. Answering the demand letter with the statute's own machinery, counter-affidavits on billing, early designation research, insurance tenders documented against the common-law demand standard, converts the rulebook's austerity into a defense asset. The system is symmetrical about preparation even where it is asymmetrical about recovery.

Valuation conversations here start from spreadsheets: the affidavit-proved medicals, the percentage exposure from the empty chairs, and the caps where applicable produce a computable range, and mediators use it openly. Arriving with your own computation, documented line by line, is the negotiation.

Statutes with few parallels elsewhere

The Texas homestead is the constitution's promise and the nation's outlier: unlimited in value, ten urban acres or one hundred rural for a family, protected from nearly all creditors, and the reason bankruptcy planning routes through Texas domicile analysis. The protection is ancient, absolute in scope, and guarded by courts against every clever workaround.

Wage garnishment for ordinary consumer debts is constitutionally barred: judgment creditors here reach bank accounts and nonexempt property but not paychecks, which combines with the homestead into a debtor sanctuary the collections industry prices explicitly.

No state income tax is now itself constitutionalized, a 2019 amendment requiring statewide vote to ever impose one, anchoring the property-and-sales-tax structure this directory's tax guide maps.

Family law carries the signature quirk this directory flags elsewhere: Texas alone gives jury trials on custody and certain family issues, juries decide conservatorship while judges set support details, and the possibility reshapes settlement dynamics in every contested case.

Community property arrives with a Texas accent: income from separate property is community, reimbursement claims run between estates, and the state recognizes informal, common-law, marriage established by agreement, cohabitation, and holding out, still generating estate and divorce litigation.

Stand-your-ground and castle doctrines remove retreat duties in self-defense with force, criminal rules whose civil echo, immunity provisions and jury instructions, shapes assault litigation.

The expert-report gate in medical cases, the elective workers' compensation system, and the empty-chair designation from the prior section are themselves near-unique nationally; Texas engineers procedure as deliberately as substance.

Open-government law is stronger than the state's reputation suggests: the Public Information Act and Open Meetings Act give requesters real leverage, with attorney general rulings policing exceptions on a public docket.

Oil, gas, and water law form the property-law layer no national guide covers: severed mineral estates dominate the surface under the accommodation doctrine, groundwater belongs to the landowner under rule of capture as modified by districts, and rural transactions here are energy transactions whether parties notice or not.

Even civil procedure exports: the Texas Citizens Participation Act is among the nation's broadest anti-SLAPP statutes, with automatic discovery stays and interlocutory appeal, trimmed by 2019 amendments but still the first motion checked in any speech-adjacent business dispute.

The pattern across these rules is sovereignty exercised confidently in both directions, debtor protection and defendant protection alike, and the final section converts the pattern into practice.

Grandparent and nonparent access is deliberately narrow after the fit-parent presumption, a family-code corner that surprises relatives expecting court-ordered visitation.

Homestead law carries procedural detail worth knowing: designation filings in some counties, proceeds protection for six months after sale, and the requirement that both spouses join conveyances of homestead regardless of title, formalities that unwind transactions done casually.

Water and mineral doctrine deserve the practical footnote alongside their section-four mention: surface use by mineral owners is accommodated, not negotiated away, and groundwater districts now overlay the rule of capture with permitting in much of the state, the working law of rural land here.

Firearms law intersects premises liability through the statutory notice signage regime: property owners exclude carry only by precise statutory notices, and the formalities determine both criminal trespass exposure and civil arguments after incidents.

Guardianship reform added supported decision-making agreements as a statutory alternative, less restrictive than guardianship, recognized by banks and providers, and part of the estate-planning conversation for aging Texans.

What unites the originals is constitutional self-confidence: the founding document protects the home absolutely, bars the income tax, shields wages, and leaves the jury a role other states withdrew a century ago. The result is a jurisdiction that is simultaneously the defense bar's favorite rulebook and the debtor's strongest sanctuary, a combination that confuses anyone expecting ideological consistency. The practical reading is simpler: the state protects what its constitution names and disciplines what its legislature measures, and planning around those two lists is the whole game.

Currency matters less here than in the initiative states, but sessions still move fields: the business-court architecture is new, procedural thresholds adjust periodically, and the appellate map itself was redrawn recently. The official statutes online are current and free, and checking the section beats remembering it, a habit this jurisdiction's plain-text codes make unusually easy.

The originals also travel: the homestead follows proceeds briefly after sale, the garnishment bar protects wages earned here even against foreign judgments in many postures, and the mineral-estate rules govern land bought by out-of-state buyers who never read them. Residents leaving and arrivals alike should have the list explained once, plainly, before it explains itself expensively.

One caution balances the sanctuary story: none of the protections excuse fraud, and transfers made to hinder creditors unwind under the fraudulent transfer act with fee exposure attached. The shelters protect honest ownership, not eve-of-judgment rearrangement. The list is short enough to memorize and valuable enough to justify it. Local filing practice differs enough between courts that lawyers confirm requirements before every new matter.

Practical guidance for Texas claimants

Texas practice starts where its austerity bites: calendar the two-year statute at intake, identify governmental defendants the same week because charter notice can be measured in weeks, and in any medical case, budget for the expert report before assuming there is a case at all.

Develop liability like the verdict depends on percentages, because it does: scene evidence, downloads, and witnesses pin fault before defendants populate the empty chairs, and the anticipated designations belong in the case plan from the first month.

Document economic damages with the paid-or-incurred rule in mind: liens, letters of protection, and billing records will be tested against amounts actually owed, and the medical-funding arrangements common elsewhere carry Texas-specific discovery exposure.

Use the DTPA's machinery in consumer disputes: the sixty-day notice letter with itemized damages triggers settlement incentives, and the fee-shift makes documented mid-sized claims viable that hourly economics would strand.

In employment matters, choose the agency door deliberately, TWC alone on the shorter clock or dual-filing with the EEOC on the longer one, and calendar from the discriminatory act, not the termination paperwork.

Respect the collection realities in both directions: winning against a homestead-and-wages-protected individual may yield paper, so target insurance and attachable assets at intake; conversely, defendants should know the sanctuary rules before conceding leverage they hold.

Expect juries and prepare for them: Texas tries more civil cases to juries than most states, voir dire is substantive, and county-level jury culture varies enough that venue analysis is outcome analysis. Ask prospective counsel for their actual trial history in your county, not their firm's.

In family matters, the jury option changes negotiation: a parent with a strong community narrative holds leverage a bench-only state never provides, and counsel here plan custody cases with twelve strangers in mind.

Verify counsel through the Texas mechanisms this directory mirrors: State Bar standing and public discipline history, board certification, Texas certifies specialists across a dozen-plus fields and treats it as a real credential, business registration, and dated contact checks on the profile.

Bring the Texas paper set to the first meeting: the crash report or incident record, medical bills and the amounts actually paid, insurance declarations, any government correspondence, and the timeline in writing. The state's gates are early and procedural; arriving documented keeps them open.

The through-line of this guide is discipline against a hard rulebook: short statutes, expert gates, engineered damages, elected judges, and empty chairs, offset by a homestead sanctuary and jury access nowhere else matches. Texas rewards claimants who move early, prove fault precisely, and price cases the way its statutes do.

Two Texas-specific verification registries extend the standard checks: the State Bar's public discipline history, and the Texas Board of Legal Specialization's certification lookup across more than twenty fields, a credential the market here genuinely respects and advertises.

Ask trial-history questions with county granularity: verdict cultures differ between neighboring counties more than between distant states, and counsel who try cases where yours will sit carry pricing knowledge no statewide reputation substitutes for.

Fee agreements follow familiar patterns, contingency in injury work, hourly and flats elsewhere, with the DTPA and insurance-code fee shifts funding consumer claims, and the expert-report costs in medical cases quoted up front by any candid malpractice practice.

Expect early mediation orders in most metropolitan courts, prepared like trial because the empty-chair and paid-or-incurred rules give defense counsel spreadsheet arguments that only evidence answers.

Bring the documents the rulebook rewards: the crash report, billing records with amounts paid, insurance declarations including UM/UIM, any government correspondence with its dates, and employment or warranty papers for the statutory claims. The state decides quickly; the prepared file decides with it.

Set expectations by the system's tempo: answer dates arrive fast, discovery levels cap themselves, mediation comes early, and trial settings are real. Budgets here run leaner than coastal equivalents, but the expert-gate fields carry front-loaded costs no fee agreement should obscure. The client's contribution is the same as everywhere, documents, candor, and calendar discipline, applied earlier, because this jurisdiction's deadlines do their sorting in the first months and reward the file that was ready before the courthouse asked.

Referral paths run through the state bar's service and the certified specialists directory, both public, and through county bar programs in the metros. Contingency representation in injury work is as available as anywhere; the scarcity is in rural coverage, where regional firms ride circuits and remote consultations have quietly solved distances the courthouse map never did. Verification, as everywhere in this directory, is the filter that turns advertising into information.

Two final habits fit the jurisdiction: confirm the court's submission calendar before assuming a hearing date, and keep every deadline computation in writing in the file, because the answer-date formula and the report clocks are exactly where transplanted staff err first. Systems beat memory here, as the rulebook intends.

Sources & references

[1] Tex. Civ. Prac. & Rem. Code §§ 16.003, 16.004, 33.001-.017 (proportionate responsibility), 41.0105 (paid or incurred), 41.008 (exemplary damages caps).
[2] Tex. Civ. Prac. & Rem. Code ch. 74 (medical liability: two-year statute, expert report, § 74.301 caps); Tex. Tort Claims Act, ch. 101.
[3] Tex. Const. art. XVI, §§ 50-51 (homestead); art. XVI, § 28 (garnishment); art. VIII, § 24-a (income tax ban, 2019).
[4] Tex. Fam. Code § 105.002 (jury trials in custody matters); Tex. Lab. Code ch. 406 (elective workers' compensation).
[5] Deceptive Trade Practices-Consumer Protection Act, Tex. Bus. & Com. Code § 17.41 et seq.
[6] Texas Citizens Participation Act, Tex. Civ. Prac. & Rem. Code ch. 27 (as amended 2019).
[7] H.B. 19 (2023) and S.B. 1045 (2023) (Business Court and Fifteenth Court of Appeals).
[8] Office of Court Administration, Annual Statistical Report for the Texas Judiciary, txcourts.gov.

This guide is general information, not legal advice. Statutes and case law change; confirm current law with a licensed attorney in your state.

Frequently asked questions

How long do I have to sue for personal injury in Texas?

Two years from the injury under § 16.003, with a narrow discovery rule. Claims against governments need notice within six months, and many city charters cut that to a few weeks.

What is the expert report requirement in medical cases?

Within 120 days of each defendant's answer, you must serve a qualified expert's report on standard of care, breach, and causation, or the case is dismissed with attorney fees. It is the decisive early gate in Texas malpractice.

What happens if I'm partly at fault?

Texas bars recovery above 50 percent responsibility; below it, damages reduce by your percentage. Defendants can also designate absent 'responsible third parties' whose share dilutes your recovery.

Are damages capped in Texas?

Not in ordinary negligence. Medical malpractice noneconomic damages cap at $250,000 against physicians ($750,000 overall structure), unindexed since 2003, and exemplary damages carry their own statutory caps.

Can my wages be garnished for a judgment?

Not for ordinary consumer debts: the Texas Constitution bars wage garnishment except for child support, taxes, and student loans. Bank accounts and nonexempt property remain reachable.

How protected is my homestead?

Completely, in value terms: the constitutional homestead has no dollar cap, ten urban or one hundred rural acres, safe from nearly all creditors. It is the strongest homestead protection in the country.

Does Texas really have jury trials for child custody?

Yes, uniquely: either parent may demand a jury on conservatorship. Judges still decide support and visitation details, but the jury option reshapes every contested custody negotiation.

What does the DTPA do for consumers?

It provides economic damages, mental anguish for knowing violations, trebling for intentional conduct, and attorney fees, after a 60-day pre-suit notice. It is the state's main consumer leverage against deceptive businesses.

My employer doesn't carry workers' comp. What now?

Nonsubscribing employers can be sued for negligence and lose the usual defenses of employee fault and assumption of risk. These cases follow ordinary tort deadlines, so treat the two-year statute as controlling.

How do I verify a Texas firm before hiring it?

Check State Bar standing and discipline, board certification in the relevant specialty, business registration, and real contact channels, shown with dated checks on this directory's profiles, then ask for county-level trial history.