If both the municipal court and justice court have concurrent jurisdiction over a criminal case, which court retains jurisdiction?

• A. The court in which the complaint (or citation) is first filed retains jurisdiction
• B. The municipal court
• C. The justice court
• D. Neither; the case goes to county court

Answer: (A)

When two courts have concurrent jurisdiction, the case is controlled by where it was first filed. The court that receives the complaint or citation first gains exclusive jurisdiction to hear and decide the case. The other court does not automatically take over just because it could hear the same offense. So, if the complaint is first filed in the municipal court, that court keeps the case; if it’s first filed in the justice court, the justice court keeps it. This helps avoid parallel prosecutions and confusion. For example, a Class C misdemeanor filed in municipal court first stays there, even if the same incident could also be brought in justice court, unless a proper transfer is made under the relevant procedures.