Cameron County District Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion, Response, Supporting Documents
- Mail • No Later Than 5 Working Days After Electronic Filing Acceptance
Adjournments
- Counsel’s other engagements do not justify postponing a specially set case unless good cause is shown by motion and notice filed more than ten days before trial.
- A specially set case may be postponed only if good cause is shown by a motion and notice filed more than ten days before trial.
Page & Word Limits17 rules
In a direct appeal to the Court of Criminal Appeals involving an assessed death penalty, the brief and response are limited to 37,500 words when computer-generated or 125 pages otherwise.
A brief and response in a direct appeal to the Court of Criminal Appeals in a case in which the death penalty has been assessed: 37,500 words if computer-generated, and 125 pages if not.
Brief And Response
37,500 words
125 pages
Except for briefs covered by the death-penalty direct-appeal limit, appellate briefs and responses, and original-proceeding petitions and responses in the court of appeals, are limited to 15,000 words when computer-generated and 50 pages otherwise.
A brief and response in an appellate court (other than a brief under subparagraph (A)) and a petition and response in an original proceeding in the court of appeals: 15,000 words if computer-generated, and 50 pages if
Appellate Brief Response Or Original Proceeding Petition Response
15,000 words
50 pages
A computer-generated appellate reply brief may not exceed 7,500 words, or 25 pages if it is not computer-generated; the same limits apply to a reply to a response in an original court-of-appeals proceeding.
(C) A reply brief in an appellate court and a reply to a response to a petition in an original proceeding in the court of appeals: 7,500 words if computer-generated, and 25 pages if not.
Reply Brief
7,500 words
25 pages
The specified computer-generated Supreme Court and Court of Criminal Appeals replies are limited to 2,400 words, or 8 pages if not computer-generated.
(E) A reply to a response to a petition for review in the Supreme Court, a reply to a response to a petition in an original proceeding in the Supreme Court, and a reply to a response to a petition for discretionary review in the Court of Criminal Appeals: 2,400 words if computer-generated, and 8 pages if not.
Reply Brief
2,400 words
8 pages
Computer-generated petitions, responses, and rehearing papers are limited to 4,500 words, or 15 pages when not computer-generated.
(D) A petition and response in an original proceeding in the Supreme Court, a petition for review and response in the Supreme Court, a petition for discretionary review and response in the Court of Criminal Appeals, and a motion for rehearing and response in an appellate court: 4,500 words if computer-generated, and 15 pages if not.
Petition Or Response Or Motion For Rehearing
4,500 words
15 pages
In a civil appellate case, a party's computer-generated briefs may total no more than 27,000 words, while briefs not computer-generated may total no more than 90 pages.
not. In a civil case in the court of appeals, the aggregate of all briefs filed by a party must not exceed 27,000 words if computer-generated, and 90 pages if not.
Brief
27,000 words
90 pages
An application may be dismissed when the total original application and memoranda exceed the applicable word or page limit unless the convicting court grants leave for good cause shown.
If the total number of pages, including those in the original and any additional memoranda, exceed the word or page limits, an application may be dismissed unless the convicting court for good cause shown grants leave to exceed the prescribed limits.
Postconviction Habeas Application
The ground for relief and supporting facts stated for each ground on the application form may not exceed two pages per ground.
Each ground for relief and supporting facts raised on the form shall not exceed the two pages provided for each ground in the form.
Postconviction Habeas Application
2 pages
A separate supporting memorandum may not exceed 15,000 words when computer-generated or 50 pages when not computer-generated.
The applicant or petitioner may file a separate memorandum. This memorandum shall comply with these rules and shall not exceed 15,000 words if computer-generated or 50 pages if not.
Supporting Memorandum
15,000 words
Supporting Memorandum
50 pages
Each paper clerk’s-record volume may contain no more than 500 pages, or may be limited to a maximum thickness of two inches.
include no more than 500 pages in each volume, or limit the thickness of each volume to a maximum of two inches
Clerks Record
500 pages
The facts supporting each ground for relief may not exceed two pages.
the recitation of the facts supporting the ground shall be no longer than the two pages provided for the claim in the form.
Habeas Application
2 pages
Legal citations and arguments may be presented in a separate Rule 73-compliant memorandum limited to 15,000 computer-generated words or 50 pages when not computer-generated.
Legal citations and arguments may be made in a separate memorandum that complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000 words if computer-generated or 50 pages if not.
Habeas Memorandum
15,000 words
Habeas Memorandum
50 pages
A computer-generated memorandum of law must not exceed 15,000 words and must comply with Texas Rule of Appellate Procedure 73.
The citations and argument must be in a memorandum that complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000 words if computer-generated
Memorandum Of Law
15,000 words
A memorandum of law that is not computer-generated must not exceed 50 pages.
or 50 pages if not
Memorandum Of Law
50 pages
Document-length calculations count headings, footnotes, and quotations but exclude the listed caption, identity, argument, table, statement, signature, service, certification, compliance, and appendix material.
In calculating the length of a document, every word and every part of the document, including headings, footnotes, and quotations, must be counted except the following: caption, identity of parties and counsel, statement regarding oral argument, table of contents, index of authorities, statement of the case, statement of issues presented, statement of jurisdiction, statement of procedural history, signature, proof of service, certification, certificate of compliance, and appendix.
Document
Appendices, exhibits, the cover page, table of contents, table of authorities, and certificate of compliance are excluded from the prescribed word and page limits.
The prescribed limits do not include appendices, exhibits, cover page, table of contents, table of authorities, and certificate of compliance.
The facts supporting each ground may not exceed the two pages provided for that ground in the form application.
The recitation of the facts supporting each ground must be no longer than the two pages provided for the ground in the form.
Form Application
2 pages
Document Format Requirements64 rules
Pleadings, motions, orders, other papers, and attached exhibits must be descriptively titled and prepunched at the top for the clerk’s flat-filing system.
All pleadings, Motions, Orders, and other papers, including exhibits attached thereto, when offered for filing or entry, shall be descriptively titled and pre punched at the top of the page to accommodate the Clerk's 2 V*" center to center flat- filing system.
Each page of an instrument must be numbered and identified in the lower margin, such as “Plaintiffs Original Petition - page 2.”
Each page of each instrument shall, in the lower margin thereof, be numbered and tilted, e^, Plaintiffs Original Petition - page 2.
Electronically filed documents must be computer-formatted in accordance with TexasOnline specifications.
Electronically-filed documents must be computer-formatted as specified by TexasOnline.
Electronically filed documents must be formatted for printing on 8½-inch by 11-inch paper.
Electronically-filed documents must also be formatted for printing on 8 ½-inch by 11-inch paper.
Judges must sign paper copies of court orders, judgments, rulings, notices, and other court-produced documents.
Judges shall continue to sign paper copies of court orders, judgments, rulings, notices and other court-produced documents ("court orders").
Paper
An electronically filed document must be text-searchable PDF, directly converted rather than scanned when possible, unlocked, and compliant with the specified Technology Standards.
An electronically filed document must: (1) be in text-searchable portable document format (PDF); (2) be directly converted to PDF rather than scanned, if possible; (3) not be locked; and (4) otherwise comply with the Technology Standards set by the Judicial Committee on Information Technology and approved by the Supreme Court and the Court of Criminal Appeals.
Documents containing improperly filed sensitive data must not be posted on the internet.
Rule 5.6 Restriction on Remote Access Documents that contain sensitive data in violation of these rules must not be posted on the internet.
A pleading, plea, motion, or application not presented during a hearing or trial must be filed with the clerk in writing.
Every pleading, plea, motion, or application to the court for an order, whether in the form of a motion, plea, or other form of request, unless presented during a hearing or trial, shall must be filed with the clerk of the court in writing
Electronically filed documents must be text-searchable PDFs, preferably converted rather than scanned, cannot be locked, and must comply with the applicable Technology Standards.
An electronically filed document must: (A) be in text-searchable portable document format (PDF); (B) be directly converted to PDF rather than scanned, if possible; (C) not be locked; and (D) otherwise comply with the Technology Standards set by the Judicial Committee on Information Technology and approved by the Supreme Court.
An electronically served, filed, or court-issued document is signed if it contains a typed “/s/” and name, unless notarized or sworn, or contains an electronic or scanned signature image.
A document that is electronically served, filed, or issued by a court or clerk is considered signed if the document includes: (1) a “/s/” and name typed in the space where the signature would otherwise appear, unless the document is notarized or sworn; or (2) an electronic image or scanned image of the signature.
A paper-filed document must include the original and one unbound copy unless local law requires otherwise, and an unbound appendix copy must have a separate page before each document and no tabs extending beyond the page edge.
(1) Paper Copies in General. Document Filed in Paper Form. If a document is not electronically filed, A a party must file: the original and one unbound copy of the document unless otherwise required by local rule. The unbound copy of an appendix must contain a separate page before each document and must not include tabs that extend beyond the edge of the page.
Appellate-court documents, including paper copies of electronically filed documents, must follow the specified form unless the court accepts another form.
A document filed with an appellate court, including a paper copy of an electronically filed document, must — unless the court accepts another form in the interest of justice — be in the following form:
An electronically filed document must not be locked.
(3) not be locked;
An electronically filed document must be a text-searchable PDF.
(1) be in text-searchable portable document format (PDF);
An electronically filed document and its appendix must be combined into one file unless that file would exceed the electronic filing manager's size limit.
(4) be combined with any appendix into one computer file, unless that file would exceed the size limit prescribed by the electronic filing manager; and
Electronically filed documents must otherwise comply with the Supreme Court-approved Technology Standards of the Judicial Committee on Information Technology.
(5) otherwise comply with the Technology Standards set by the Judicial Committee on Information Technology and approved by the Supreme Court.
The postconviction habeas application form must be computer-generated, typewritten, or legibly handwritten.
The application form must be computer-generated, typewritten, or legibly handwritten legibly.
A computer-generated memorandum must use at least 14-point conventional type, with footnotes permitted at no less than 12-point.
A computer-generated memorandum must be printed in a conventional typeface no smaller than 14-point except for footnotes, which must be no smaller than 12-point.
A typewritten document must use standard 10-character-per-inch monospaced type.
A typewritten document must be printed in standard 10-character-per-inch (cpi) monospaced typeface.
The trial court clerk must prepare one consolidated clerk’s record containing required and requested documents, with each document starting on a new page, filing dates included, documents arranged chronologically, and consecutive page numbering from the first-volume front cover through the final page.
The trial court clerk must prepare and file the clerk’s record in accordance with Rules of Appellate Procedure 34.5 and 35. Even if more than one notice of appeal or request for inclusion of items is filed, the clerk should prepare only one consolidated record in a case. To prepare the clerk’s record, the trial court clerk must: (a) gather the documents required by Rule of Appellate Procedure 34.5(a) and those requested by a party under Rule of Appellate Procedure 34.5(b); (b) start each document on a new page; (c) include the date of filing on each document; (d) arrange the documents in ascending chronological order, by date of filing or occurrence; (e) start the page numbering on the front cover of the first volume of the clerk’s record and continue to number all pages consecutively – including the front and back covers, tables of contents, certification page, and separator pages, if any – until the final page of the clerk’s record, without regard for the number of volumes in the clerk’s record, and place each page number at the bottom of each page;
Each computer file in an electronic clerk’s record must be a text-searchable PDF.
file each computer file in text-searchable Portable Document Format (PDF)
A paper clerk’s record must be bound in one or more volumes with a top-bound two-inch-capacity removable fastener and no other binding materials.
bind the documents together in one or more volumes with a top bound, two-inch capacity, two-and-three-quarter-inch, center-to-center removable fastener and no other binding materials, like wax, ribbon, glue, staples, tape, etc.
A paper clerk’s record must contain only one-sided document copies.
include only one-sided copies in the clerk’s record
Each sealed document must be filed separately from the rest of the electronic clerk’s record and identified as sealed in its file name.
file each sealed document separately from the remainder of the clerk’s record and include the word “sealed” in the computer file name
A court reporter or recorder must not lock any document included in the reporter’s record.
A court reporter or recorder must not lock any document that is part of the record.
An electronically filed record must include a scanned required signature or a typed “/s/” and the signer’s name in the signature space.
If the record is filed in electronic format, the court reporter or recorder must include either a scanned image of any required signature or “/s/” and name typed in the space where the signature would otherwise appear.
Document Filing Requirements75 rules
Counsel must also certify in writing that the case is not subject to transfer under Rule 1.1(f), or, if it is subject to transfer, must fully advise the court of the circumstances and any prior proceeding.
Counsel presenting any application for an ex parte order shall at the time the application is presented further certify in writing that to the best of his or her knowledge, the case is which the application is presented is not subject to transfer-under Rules 1.1 (f) . Or, if the case is subject to such a transfer, counsel shall fully advise the court of the circumstances, particularly as to whether there has been any previous
Document Type
Ex Parte Order Application
Counsel must provide a written certification at the time presenting an ex parte application concerning whether the opposing party is unrepresented or whether opposing counsel does not wish to be heard, or could not be notified despite diligent efforts.
Counsel presenting any application for an ex parte order shall at the time the application is presented certify in writing to the court that: (1) to the best of his knowledge the party against whom the relief is sought is not represented by counsel in the matter made the basis of the suit in which the relief is sought; or (2) if such party is so represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the court thereon; or (ii) that counsel presenting the application has diligently attempted to notify such counsel and has been unable to do so and the circumstances do not permit additional efforts to give notice.
Document Type
Ex Parte Order Application
Except when the District Clerk's office is closed during an emergency, an application for immediate or temporary relief must be filed and assigned to a court before it is presented to a judge.
Except in emergencies when the District Clerk's office is not open for business, no application for immediate or temporary relief shall be presented to a Judge until it has been filed and assigned to a court as provided in Rule 1.1.
Document Type
Temporary Relief Application
Every application for an ex parte order must be presented in accordance with Rule 1.2.
All applications for ex parte orders shall be presented in accordance with Rule 1.2.
Document Type
Ex Parte Order Application
Every discovery motion or motion for protection must include the filing party's completed certificate of conference attesting to a good-faith effort to resolve discovery issues without court intervention.
Any motion for discovery or for protection under the Texas Rules of Civil Procedure must contain a certificate of conference completed by the party filing same which certifies that said party has made a good faith effort as required under Tex.R.Civ.P. 191.2 to resolve the discovery issues without court intervention.
Document Type
Discovery Motion
Unless the court directs otherwise, counsel must submit proposed orders, decisions, and judgments for approval and signature within 30 days after rendition or announcement of settlement.
Unless the court directs otherwise, counsel shall submit proposed orders, decisions, and judgments to the Court for approval and signature within thirty (30) days after rendition or announcements of settlement.
Document Type
Orders Decisions And Judgments
An oral motion to recuse is automatically denied, and only a written motion to recuse will be considered by the court.
An oral motion to recuse is not recognized by the Court and is automatically denied. A motion to recuse must be in writing in order to be considered by the Court.
Document Type
Motion To Recuse
Counsel presenting an ex parte application in a non-family civil case must provide the court with a written certification concerning the representation status of the party against whom relief is sought.
(b) The standards for presenting applications for ex parte orders in family law cases do not apply in other civil cases. Counsel presenting any application for an ex parte order shall at the time the application is presented certify in writing to the Court that:
Document Type
Ex Parte Order Application
If the party against whom relief is sought is represented, the ex parte applicant's written certification must establish either that counsel was notified and does not wish to be heard or that counsel diligently attempted notification but could not do so despite circumstances preventing further attempts.
(2) if such party is so represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) that counsel presenting the application has diligently attempted to notify such counsel and has been unable to do so and the circumstances do not permit additional efforts to give notice.
Document Type
Ex Parte Order Application
Every application for an ex parte order must be presented in accordance with the court's temporary-order procedures.
(a) All applications for ex parte orders shall be presented in accordance with Rule 1.2.
Document Type
Ex Parte Order Application
The ex parte applicant's written certification may state that, to the applicant's best knowledge, the party against whom relief is sought is unrepresented in the matter underlying the suit.
(1) to the best of his knowledge the party against whom the relief is sought is not represented by counsel in the matter made the basis of the suit in which the relief is sought; or
Document Type
Ex Parte Order Application
An attorney of record may not withdraw without filing the required motion, obtaining a ruling and signed order, complying with the motion’s requirements, and providing the required notice to the former client.
No attorney of record shall be permitted to withdraw from any case without presenting a Motion pursuant to Tex.RXiv.P. 10, including all requirements of same, obtaining a ruling and a signed Order granting withdrawal, and complying with the notice requirements for the former client under said Rule.
Document Type
Motion To Withdraw
Every electronically filed document must include the filer's e-mail address in addition to information required by Texas Rule of Civil Procedure 57.
In addition to the information required on a pleading by TEX. R. CIV. P. 57, a filer must include an e-mail address on any electronically-filed document.
Document Type
Electronically Filed Document
The filer’s email address must appear on every electronically filed document.
The email address of any person who electronically files a document must be included on the document.
Document Type
Electronically Filed Document
A document containing non-exempt sensitive data must display the specified sensitive-data notice in the upper left-hand corner of the first page.
Rule 5.4 Notice to Clerk If an electronic or paper document must contain sensitive data, the filing party must state on the upper left-hand side of the first page, “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.” This notice is not required if the only sensitive data contained in the document is exempt from redaction under Texas Rule of Appellate Procedure 9.10.
Document Type
Document
The party or attorney of record must sign a written certification of Rule 21 compliance on the filed pleading, plea, motion, or application.
The party or attorney of record, shall must certify to the court compliance with this rule in writing over signature on the filed pleading, plea, motion, or application.
Document Type
Pleading, Plea, Motion, Or Application
An electronically served, filed, or court-issued document is signed if it contains a typed “/s/” and name or an electronic or scanned signature image, subject to the stated exception for notarized or sworn documents.
A document that is electronically served, filed, or issued by a court or clerk is considered signed if the document includes: (A) a “/s/” and name typed in the space where the signature would otherwise appear, unless the document is notarized or sworn; or (B) an electronic image or scanned image of the signature.
Document Type
Electronically Served Filed Or Issued Document
A non-electronically filed document containing sensitive data must display a specified notice in the upper-left corner of its first page.
(2) if the document is not electronically filed, by including, on the upper left-hand side of the first page, the phrase: “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.”
Document Type
Non Electronically Filed Document Containing Sensitive Data
An electronically filed document that must contain sensitive data must be designated as containing sensitive data.
(1) designating the document as containing sensitive data when the document is electronically filed; or
Document Type
Electronically Filed Document Containing Sensitive Data
A notice designating new lead counsel must be signed by both the new attorney and either the party or the former lead counsel.
If a new lead counsel is being designated, both the new attorney and either the party or the former lead counsel must sign the notice.
Document Type
Notice Of Appearance
An unrepresented party must sign every document it files and provide its mailing address, telephone number, optional fax number, and email address.
A party not represented by counsel must sign any document that the party files and give the party’s mailing address, telephone number, and fax number, if any, and email address.
Document Type
Document
An attorney other than lead counsel may appear by filing a notice identifying the represented party and the attorney’s contact and State Bar information, after which the clerk will note the appearance on the docket.
An attorney other than lead counsel may file a notice stating that the attorney represents a specified party to the proceeding and giving that attorney’s name, mailing address, telephone number, fax number, if any, email address, and State Bar of Texas identification number. The clerk will note on the docket the attorney’s appearance.
Document Type
Notice Of Appearance
A document filed for a represented party must be signed by at least one of that party’s attorneys and must include the identifying and contact information of every attorney listed as representing the party.
If a party is represented by counsel, a document filed on that party’s behalf must be signed by at least one of the party’s attorneys. For each attorney whose name appears on a document as representing that party, the document must contain that attorney’s State Bar of Texas identification number, mailing address, telephone number, and fax number, if any, and email address.
Document Type
Document
A notice designating original or new lead counsel must state the attorney’s name, mailing address, telephone number, optional fax number, email address, and State Bar of Texas identification number.
The original or a new lead counsel may be designated by filing a notice stating that attorney’s name, mailing address, telephone number, fax number, if any, email address, and State Bar of Texas identification number.
Document Type
Notice Of Appearance
A computer-generated document subject to a word limit must include a compliance certificate stating its word count, and the certifier may rely on the word-processing program's count.
(3) Certificate of Compliance. A computer-generated document that is subject to a word limit under this rule must include a certificate by counsel or an unrepresented party stating the number of words in the document. The person certifying may rely on the word count of the computer program used to prepare the document.
Document Type
Computer Generated Document
When a reference list is provided, the front page of the document containing redacted information must state that the reference list has been or will be provided.
If the filer provides a reference list pursuant to this rule, the front page of the document containing the redacted information must indicate that the reference list has been, or will be, provided.
Document Type
Document
Filing a document certifies that it complies with the rule's sensitive-data definition and redaction requirements.
The filing of a document constitutes a certification by the filer that the document complies with paragraphs (a) and (b) of this rule.
Document Type
Document
Filing & Service rules
Electronic Filing Rules
Beginning July 1, 2014, attorneys must electronically file all documents in family and civil cases with the District Clerk of Cameron County, and paper filings will not be accepted.
Beginning July 1, 2014, the District Courts of Cameron County will require all attorneys to e-file all documents relating to Family Law Cases and Civil Law Cases with the District Clerk of Cameron County. NO PAPER FILINGS WILL BE ACCEPTED.
Page 1 | E-filing requirements for Family Law Cases and Civil Law Cases
Documents requiring opposing-party signatures, including Rule 11 agreements, may be filed electronically only as scanned images.
A document that requires the signatures of opposing parties (such as a Rule 11 agreement) may be electronically filed only as a scanned image.
Page 5 | Rule 3.4 Documents Containing Signatures
Documents that may traditionally be filed with the district clerk generally may be filed electronically, subject to specified exceptions.
A document that can be filed in a traditional manner with the district clerk may be electronically filed with the exception of the following documents:
Page 5 | Rule 3.3 Documents That May Be Electronically Filed
Documents requiring verification, notarization, acknowledgment, sworn status, or an oath may be filed electronically only as scanned images.
A document that is required to be verified, notarized, acknowledged, sworn to, or made under oath may be electronically filed only as a scanned image.
Page 5 | Rule 3.4 Documents Containing Signatures
Electronic filers transmit documents through an EFSP and TexasOnline rather than directly to the district clerk and must maintain valid EFSP and TexasOnline accounts.
Filers do not electronically file documents directly with the district clerk. Rather, filers indirectly file a document with the district clerk by electronically transmitting the document to an electronic filing service provider (EFSP) which then electronically transmits the document to TexasOnline which then electronically transmits the document to the district clerk. A filer filing or serving a document must have a valid account with an EFSP and with TexasOnline
Page 6 | Rule 4.1 TexasOnline
Each electronic filer must use the unique electronic identifier issued upon registration, which functions as the document's digital signature.
Each filer must use his or her identifier in order to electronically file documents. Use of the identifier to electronically file documents constitutes a "digital signature" on the particular document.
Page 6 | Rule 4.2 Signatures
Electronic filers must follow TexasOnline's registration procedures to become registered to file documents electronically.
To become registered to electronically file documents, filers must follow registration procedures outlined by TexasOnline.
Page 6 | Rule 4.1 TexasOnline
The EFSP must forward the document, transmission time, and payment information to TexasOnline in the required format.
(c) On receipt of a filer's document, the filer's EFSP must send the document to Texas Online in the required electronic file format along with an indication of the time the filer sent the document to the EFSP and the filer's payment information.
Page 7 | Rule 4.3 Time Document is Filed
The district clerk must accept a document that is correctly directed and satisfies all filing requirements.
The district clerk shall accept the document for filing provided that the document is not misdirected and complies with all filing requirements.
Page 7 | Rule 4.3 Time Document is Filed
Charging instruments, sealed or in-camera documents, and documents subject to access restrictions may not be electronically filed.
Any document that can be filed with a court in paper form may be electronically filed with the following exceptions: (1) charging instruments; (2) documents filed under seal or presented to the court in camera; and (3) documents to which access is otherwise restricted by these rules, law, or court order.
Page 5 | Rule 1.3 Documents That May Be Electronically Filed
Electronic filing must use the electronic filing manager and a service provider certified by the Office of Court Administration.
Electronic filing must be done through the electronic filing manager established by the Office of Court Administration and an electronic filing service provider certified by the Office of Court Administration.
Page 6 | Rule 2.1 Office of Court Administration established Electronic Filing Manager
Attorneys must electronically file documents in courts with mandatory e-filing, except in Title 3 Family Code juvenile cases.
Except in juvenile cases under Title 3 of the Family Code, attorneys must electronically file documents in courts where electronic filing has been mandated.
Page 6 | Amendments to Rule 21, Texas Rule of Civil Procedure — (f)(1) Requirement
Documents filed under seal, presented in camera, or subject to access restrictions by law or court order may not be filed electronically.
The following documents must not be filed electronically: (i) documents filed under seal or presented to the court in camera; and (ii) documents to which access is otherwise restricted by law or court order.
Page 6 | Amendments to Rule 21, Texas Rule of Civil Procedure — (f)(4)(B) Exceptions
Electronic filings must use the Office of Court Administration's electronic filing manager and a provider certified by that office.
Electronic filing must be done through the electronic filing manager established by the Office of Court Administration and an electronic filing service provider certified by the Office of Court Administration.
Page 6 | Amendments to Rule 21, Texas Rule of Civil Procedure — (f)(3) Mechanism
An electronically filing attorney or unrepresented party must include the filer's email address on the filed document.
The email address of an attorney or unrepresented party who electronically files a document must be included on the document.
Page 6 | Amendments to Rule 21, Texas Rule of Civil Procedure — (f)(2) Email Address
Except for specified oral motions, pleadings and requests must be written, signed, and filed; filing may occur by personal or commercial delivery, mail, or electronically when the court permits electronic filing.
Except for oral motions made during trial or when all parties are present, every pleading, plea, motion, application to the court for an order, or other form of request must be written and signed by the party or its attorney and must be filed with the court. A document may be filed with the court by personal or commercial delivery, by mail, or electronically, if the court allows electronic filing. Electronic filing is governed by Rule 21.
Page 12 | Amendments to Rule 502, Texas Rule of Civil Procedure
Attorneys in civil cases must electronically file documents.
(1) Requirement. Attorneys in civil cases must electronically file documents.
Page 15 | Rule 9.2(c)(1) Requirement
Attorneys in criminal cases must electronically file documents unless good cause is shown in a motion filed in the appellate court.
Attorneys in criminal cases must electronically file documents except for good cause shown in a motion filed in the appellate court.
Page 15 | Rule 9.2(c)(1) Requirement
Documents filed under seal, subject to a pending motion to seal, or subject to legal or court-ordered access restrictions must not be electronically filed.
Documents filed under seal, subject to a pending motion to seal, or to which access is otherwise restricted by law or court order must not be electronically filed.
Page 15 | Rule 9.2(c)(3) Exceptions
Documents may be permitted, required, signed, or verified electronically by court order or local rule, and a technical failure cannot support disposing of a case.
(c) Electronic Filing. Documents may be permitted or required to be filed, signed, or verified by electronic means by order of the Supreme Court or the Court of Criminal Appeals, or by local rule of a court of appeals. A technical failure that precludes a party’s compliance with electronic filing procedures cannot be a basis for disposing of any case.
Page 15 | Rule 9.2(c) Electronic Filing
Electronic filing must be completed through the Office of Court Administration’s electronic filing manager and a certified electronic filing service provider.
(2) Mechanism. Electronic filing must be done through the electronic filing manager established by the Office of Court Administration and an electronic filing service provider certified by the Office of Court Administration.
Page 15 | Rule 9.2(c)(2) Mechanism
The clerk’s record must be filed electronically unless the appellate court permits paper filing.
Unless the clerk receives permission from the appellate court to file the record in paper form, the clerk must file the record electronically.
Page 37 | 1.2. Filing an Electronic Clerk’s Record.
Each electronic clerk’s-record computer file must be submitted through the TAMES web portal using the appellate court’s instructions.
submit each computer file to the Texas Appeals Management and E-filing System (TAMES) web portal using the instructions provided on the appellate court’s website
Page 38 | 1.2. Filing an Electronic Clerk’s Record.
A stenographically recorded reporter’s record must be filed electronically through the TAMES web portal in compliance with the specified manual, local rules, and court guidelines.
If proceedings were recorded stenographically, the court reporter or recorder must file the reporter’s record in an electronic format via the Texas Appeals Management and E-filing System (TAMES) web portal and in accordance with Section 8 of the Uniform Format Manual for Texas Reporters’ Records, the court’s local rules, and any guidelines posted on the appellate court’s website.
Page 39 | RULE 2. ELECTRONIC REPORTER’S RECORD.
Telefax and electronic filing may be used only as permitted and must comply with the applicable local rules, but certain courts do not accept facsimile filings.
To the extent telefax and electronic filing is permitted and additional Local Rules for telefax and electronic filing have been adopted, they are incorporated by reference as if set forth herein, and they are to be followed. Facsimile filings are NOT accepted by specific courts.
Page 12 | 1.16 FILING OF PAPERS AND/OR ELECTRONIC FILING WITH THE DISTRICT CLERK
Where telefax or electronic filing is permitted, the additional local rules governing those filing methods are incorporated and must be followed.
To the extent telefax and electronic filing is permitted and additional Local Rules for telefax and electronic filing have been adopted, they are incorporated by reference as if set forth herein, and they are to be followed.
Page 28 | 1.16 FILING OF PAPERS AND/OR ELECTRONIC FILING WITH THE DISTRICT CLERK
A court may require a filer who submitted a scanned image to file the document traditionally with the district clerk.
Where a filer has electronically filed a scanned image under this rule, a court may require the filer to properly file the document in a traditional manner with the district ===== PAGE 6 ===== clerk.
Page 5 | Rule 3.4 Documents Containing Signatures
An affidavit or other qualifying paper attached to an electronically filed document may be scanned and filed with the underlying document.
Any affidavit or other paper described in Rule 3.4(a) or (b) that is to be attached to an electronically-filed document may be scanned and electronically filed along with the underlying document.
Page 5 | Rule 3.4 Documents Containing Signatures
A motion to seal a document and any response to that motion may be filed electronically.
A motion to have a document sealed, as well as any response to such a motion, may be electronically filed.
Page 5 | Rule 3.3 Documents That May Be Electronically Filed
TexasOnline forwards electronically transmitted documents to the district clerk and warns the EFSP if formatting is improper.
(d) Upon receiving a document from a filer's EFSP, TexasOnline shall electronically transmit the document to the district clerk. If the document was not properly formatted, Texas Online will transmit a warning to the filer's EFSP.
Page 7 | Rule 4.3 Time Document is Filed
Electronic transmission through an EFSP to TexasOnline is available around the clock except during scheduled maintenance.
(a) A filer may electronically transmit a document through an EFSP to TexasOnline 24 hours per day each and every day of the year, except during brief periods of state-approved scheduled maintenance which will usually occur in the early hours of Sunday morning.
Page 7 | Rule 4.3 Time Document is Filed
A clerk may implement criminal case electronic filing with written consent from a majority of the county judges with criminal jurisdiction served by that clerk.
A clerk may implement criminal case electronic filing in that clerk’s office when he or she has the written consent of a majority of the judges in the county who have jurisdiction in criminal cases and who are served by that clerk.
Page 5 | Rule 1.2 Electronic Filing Permitted
Paper copies are not required when an electronic document is filed but must be provided upon court request.
At the time of filing, a filer need not provide paper copies of an electronically filed document. A filer should provide paper copies of electronically filed documents upon request by a court.
Page 7 | Rule 2.6 Paper Copies
The statewide appellate rules supersede all local court of appeals rules concerning electronic filing.
These rules supersede all local rules of the courts of appeals on electronic filing.
Page 3 | ORDER ADOPTING AMENDMENTS TO THE TEXAS RULES OF APPELLATE PROCEDURE
For good cause, a court may authorize a party to file other documents in paper form in a particular case.
For good cause, a court may permit a party to file other documents in paper form in a particular case.
Page 6 | Amendments to Rule 21, Texas Rule of Civil Procedure — (f)(4)(C) Exceptions
A paper copy of an electronically filed document is not required unless local rule requires it.
Unless required by local rule, a party need not file a paper copy of an electronically filed document.
Page 7 | Rule 21, Texas Rule of Civil Procedure
For good cause, an appellate court may permit a party to file other documents in paper form in a particular case.
For good cause, an appellate court may permit a party to file other documents in paper form in a particular case.
Page 15 | Rule 9.2(c)(3) Exceptions
The current document-filing procedures for criminal cases will remain unchanged.
Filing of documents for all Criminal Law Cases will continue as is currently in place.
Page 1 | Filing of documents for all Criminal Law Cases
An electronically filed document's digital signature authorizes filing-fee payment by the filer.
(c) A digital signature on an electronically-filed document is deemed to constitute a signature by the filer for the purpose of authorizing the payment of document filing fees.
Page 7 | Rule 4.2 Digital Signature
A digital signature on an electronically filed document satisfies applicable signature requirements.
(b) The attachment of a digital signature on an electronically-filed document is deemed to constitute a signature on the document for purposes of signature requirements imposed by the Texas Rules of Civil Procedure or any other law.
Page 7 | Rule 4.2 Digital Signature
Filing Timing and Cure Windows
When a temporary order requires a later hearing, the assigned court's coordinator must provide a hearing date and time before the order may issue or become enforceable.
Where a temporary order requires a subsequent hearing pursuant to the Texas Rules of Civil Procedure and/or substantive law, including all cases in which a temporary restraining order has been granted, a date and time for the required hearing must be obtained from the court coordinator of the court in which the case has been assigned before the temporary order can be issued or considered enforceable.
Page 6 | 1.2 TEMPORARY ORDERS
Unless the court directs otherwise, proposed orders, decisions, and judgments must be submitted within 30 days after rendition or announcement of settlement.
Unless the court directs otherwise, counsel shall submit proposed orders, decisions, and judgments to the Court for approval and signature within thirty (30) days after rendition or announcements of settlement.
Page 13 | 1.18 ORDERS AND JUDGMENTS
If a document is transmitted electronically to the filer’s EFSP on or before its filing deadline, the clerk must file it and treat it as timely if received within ten days.
If a document is electronically transmitted to the filer's EFSP and is electronically transmitted on or before the last day for filing the same, the document, if received by the clerk not more than ten days tardily, shall be filed by the clerk and deemed filed in time.
Page 7 | Rule 4.3 Time Document is Filed
A document is deemed accepted and filed if the clerk does not act within the required review period.
If the clerk fails to accept or reject a document within the time period, the document is deemed to have been accepted and filed.
Page 7 | Rule 4.3 Time Document is Filed
The district clerk must decide whether to accept an electronically transmitted document by the first business day after receiving it from TexasOnline.
(e) Not later than the first business day after receiving a document from TexasOnline, the district clerk shall decide whether the document will be accepted for filing.
Page 7 | Rule 4.3 Time Document is Filed
Electronic transmission to the filer's EFSP constitutes delivery to the clerk and generally constitutes filing.
(b) Upon sending an electronically-transmitted document to a filer's EFSP, the filer is deemed to have delivered the document to the clerk and, subject to Rule 4.3(h), the document is deemed to be filed.
Page 7 | Rule 4.3 Time Document is Filed
For an accepted document, the filing date and time generally are the date and time transmitted to the filer's EFSP, subject to the Sunday exception.
(f) If the document is accepted for filing, the district clerk shall note the date and time of filing which, with the exception of subsection (h) below, shall be the date and time that the filer transmitted the document to the filer's EFSP.
Page 8 | Rule 4.3 Time Document is Filed
Electronic filing does not change applicable filing deadlines.
The electronic filing of a document does not alter any filing deadlines.
Page 8 | Rule 4.5 Filing Deadlines Not Altered
Commencement documents transmitted on Sunday are deemed filed the following Monday, except in the listed special proceedings.
(h) Except in cases of injunction, attachment, garnishment, sequestration, or distress proceedings, documents that serve to commence a civil suit will not be deemed to have been filed on Sunday when the document is electronically transmitted to the filer's EFSP, TexasOnline, or the Clerk on Sunday. Such documents will be deemed to have been filed on the succeeding Monday.
Page 8 | Rule 4.3 Time Document is Filed
Unless another rule sets a specific filing time, electronic filing before midnight in the court’s time zone is timely; filings are deemed filed upon transmission, with next-business-day treatment for weekend or holiday transmissions and the grant date for documents requiring a motion and order.
Unless a statute, rule, or court order requires that a document be filed by a certain time of day, a document is considered timely filed if it is electronically filed at any time before midnight (in the court’s time zone) on the day of the filing deadline. An electronically filed document is deemed filed when transmitted to the filing party’s electronic filing service provider, except: (1) if a document is transmitted on a Saturday, Sunday, or legal holiday, it is deemed filed on the next day that is not a Saturday, Sunday, or legal holiday; and (2) if a document requires a motion and an order allowing its filing, the document is deemed filed on the date the motion is granted.
Page 6 | Rule 2.3 Timely Filing
A clerk’s correction deadline should be reasonable and generally may not exceed 72 hours.
The deadline for correction established by the clerk should permit only a reasonable amount of time to allow for the filing to be conformed to the requirements of these rules, and, in general, the deadline should not exceed 72 hours.
Page 7 | Comment to Rule 2.8
A clerk may not refuse a nonconforming document but may identify errors and require a conforming resubmission by a stated deadline.
The clerk may not refuse a document that fails to conform to these rules. But the clerk may identify the error to be corrected and state a deadline for the party to resubmit the document in a conforming format.
Page 7 | Rule 2.8 Non-Conforming Documents
A clerk's identification of sensitive data for correction does not extend the filing deadline.
Comment to Rule 5.5: The intent of this rule is to establish that a clerk may not refuse a document for any perceived violation of these rules. However, the rule permits a clerk the limited authority to identify information the clerk perceives to be sensitive data. When a clerk identifies such information to a filer, it does not constitute an extension of time to file the document.
Page 9 | Comment to Rule 5.5
The clerk may not refuse a non-conforming document containing improperly filed sensitive data but may require a redacted substitute by a stated deadline.
Rule 5.5 Non-Conforming Documents The clerk may not refuse a document that contains sensitive data in violation of these rules or any other statute, rule, or court order. But the clerk may identify the error to be corrected and state a deadline for the party to resubmit a redacted, substitute document.
Page 9 | Rule 5.5 Non-Conforming Documents
The five-day periods apply for purposes of Rules 748, 749, 749a, 749b, and 749c.
for purposes of the five-day periods provided for under Rules 748, 749, 749a, 749b, and 749c.
Page 5 | Amendments to Rule 4, Texas Rule of Civil Procedure
The triggering day is excluded from a computational period, the last day is included, and a weekend or legal-holiday deadline extends to the next nonweekend, nonholiday day.
In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.
Page 5 | Amendments to Rule 4, Texas Rule of Civil Procedure
Weekends and legal holidays generally are excluded from periods of five days or less, subject to specified exceptions.
Saturdays, Sundays, and legal holidays shall not be counted for any purpose in any time period of five days or less in these rules, except that Saturdays, Sundays, and legal holidays shall be counted for purpose of the three-day periods in Rules 21 and 21a, extending other periods by three days when service is made by registered or certified mail. or by telephonic document transfer , and for purposes of the five-day periods provided for under Rules 748, 749, 749a, 749b, and 749c.
Page 5 | Amendments to Rule 4, Texas Rule of Civil Procedure
A document transmitted on a weekend or legal holiday is deemed filed on the next day that is neither a weekend day nor a legal holiday.
if a document is transmitted on a Saturday, Sunday, or legal holiday, it is deemed filed on the next day that is not a Saturday, Sunday, or legal holiday
Page 6 | Amendments to Rule 21, Texas Rule of Civil Procedure — (f)(5)(A) Timely Filing
An electronically filed document is generally deemed filed upon transmission to the filer's electronic filing service provider.
An electronically filed document is deemed filed when transmitted to the filing party’s electronic filing service provider, except:
Page 6 | Amendments to Rule 21, Texas Rule of Civil Procedure — (f)(5) Timely Filing
Unless a document has a stated time-of-day deadline, electronic filing before midnight in the court's time zone on the filing deadline is timely.
Unless a document must be filed by a certain time of day, a document is considered timely filed if it is electronically filed at any time before midnight (in the court’s time zone) on the filing deadline.
Page 6 | Amendments to Rule 21, Texas Rule of Civil Procedure — (f)(5) Timely Filing
A document requiring a motion and an order permitting filing is deemed filed on the date the motion is granted.
if a document requires a motion and an order allowing its filing, the document is deemed filed on the date that the motion is granted.
Page 6 | Amendments to Rule 21, Texas Rule of Civil Procedure — (f)(5)(B) Timely Filing
The original will must be filed with the clerk within three business days after an electronically filed probate application treating the document as an original will.
When a party electronically files an application to probate a document as an original will, the original will must be filed with the clerk within three business days after the application is filed.
Page 7 | Rule 21, Texas Rule of Civil Procedure
A filing made untimely by a technical failure or system outage may receive a reasonable extension of time to complete the filing.
If a document is untimely due to a technical failure or a system outage, the filing party may seek appropriate relief from the court. If the missed deadline is one imposed by these rules, the filing party must be given a reasonable extension of time to complete the filing.
Page 7 | Rule 21, Texas Rule of Civil Procedure
A mailed appellate document is timely if received within ten days after the deadline, sent to the proper clerk by an authorized delivery service, properly addressed and stamped, and deposited by the filing deadline.
A document received within ten days after the filing deadline is considered timely filed if: (A) it was sent to the proper clerk by United States Postal Service first- class, express, registered, or certified mail or a commercial delivery service; (B) it was placed in an envelope or wrapper properly addressed and stamped; and (C) it was deposited in the mail or delivered to a commercial delivery service on or before the last day for filing.
Page 14 | Rule 9.2. Filing — Filing by Mail, Timely Filing
An appellate document is filed by delivering it to the clerk or to a willing justice or judge, with delivery to a judge establishing the filing time and requiring prompt transmission to the clerk.
A document is filed in an appellate court by delivering it to: (1) the clerk of the court in which the document is to be filed; or (2) a justice or judge of that court who is willing to accept delivery. A justice or judge who accepts delivery must note on the document the date and time of delivery, which will be considered the time of filing, and must promptly send it to the clerk.
Page 14 | Rule 9.2. Filing — With Whom
Unless a filing has a specified time of day, an electronically filed document is timely if filed before midnight in the court’s time zone on the filing deadline.
Unless a document must be filed by a certain time of day, a document is considered timely filed if it is electronically filed at any time before midnight (in the court’s time zone) on the filing deadline.
Page 15 | Rule 9.2(c)(4) Timely Filing
A document requiring a motion and an order allowing filing is deemed filed on the date the motion is granted.
if a document requires a motion and an order allowing its filing, the document is deemed filed on the date the motion is granted.
Page 15 | Rule 9.2(c)(4) Timely Filing
A document transmitted on a Saturday, Sunday, or legal holiday is deemed filed on the next day that is not one of those days.
if a document is transmitted on a Saturday, Sunday, or legal holiday, it is deemed filed on the next day that is not a Saturday, Sunday, or legal holiday; and
Page 15 | Rule 9.2(c)(4) Timely Filing
An electronically filed document is deemed filed when transmitted to the filing party’s electronic filing service provider, subject to stated exceptions.
An electronically filed document is deemed filed when transmitted to the filing party’s electronic filing service provider, except:
Page 15 | Rule 9.2(c)(4) Timely Filing
After another nonconforming filing, the court may strike that filing and prohibit the party from filing further documents of the same kind.
If another nonconforming document is filed, the court may strike the document and prohibit the party from filing further documents of the same kind.
Page 20 | Rule 9.2(k)
When a document is nonconforming, the court must identify the error, give a correction deadline, and permit the party to resubmit a conforming version by that deadline.
The court must identify the error to be corrected and state a deadline for and permit the party to resubmit the document in a conforming format by a specified deadline.
Page 20 | Rule 9.2(k)
The court may strike a nonconforming document or return all of its nonconforming copies to the filing party.
If a document fails to conform with these rules, the court may strike the document or and return all nonconforming copies to the filing party.
Page 20 | Rule 9.2(k)
The district clerk must accept and file all Code of Criminal Procedure article 11.07 applications.
The district clerk of the county of conviction shall accept and file all Code of Criminal Procedure article 11.07 applications.
Page 31 | 73.34. Summary Sheet—Duties of District Clerk. Filing and Transmission of Habeas Record
When the convicting court designates issues, the clerk must immediately transmit the order and proof of the district attorney’s receipt date to the Court of Criminal Appeals.
If the convicting court enters an order designating issues, the clerk shall immediately transmit to the Court of Criminal Appeals a copy of that order and proof of the date the district attorney received the habeas application.
Page 31 | 73.34(b)(1)
The district clerk must forward the writ record on the 181st day after the State receives the application unless the district court has received a Rule 73.4.5 extension.
On the 181st day from the date of receipt of the application by the State of a postconviction application for writ of habeas corpus under Article 11.07, the district clerk shall forward the writ record to this Court unless the district court has received an extension of time from the Court of Criminal Appeals pursuant to Rule 73.4.5.
Page 32 | 73.34(b)(5)
A motion for extension of time must be filed in the Court of Criminal Appeals before the 180-day period for resolving designated issues expires.
Within 180 days from the date of receipt of the application by the State, the convicting court shall resolve any issues that the court has timely designated for resolution. Any motion for extension of time must be filed in the Court of Criminal Appeals before the expiration of the 180-day period.
Page 33 | 73.5. Time Frame for Resolution of Claims Raised in Application
For determining whether a case is earlier or later, a first pleading without an endorsed filing time is treated as filed at 4:59 p.m.
Where no time of filing is endorsed on the stamp the time filed will be assumed to have been 4:59 p.m.
Page 21 | Rule 1.1 — Transfer Cases to an Earlier Court
The clerk reports same-day rejection reasons to TexasOnline, which sends a rejection alert to the filer through the EFSP.
(g) If the document is not accepted for filing, the district clerk shall inform TexasOnline of its action, and the reason for such action, the same day action is taken. TexasOnline shall, on that same day, electronically transmit to the filer's EFSP an "alert" that the document was not accepted along with the reason the document was not accepted.
Page 8 | Rule 4.3 Time Document is Filed
A filing party may seek appropriate court relief when a document is untimely because of a technical failure or system outage.
If a document is untimely filed due to a technical failure or a system outage, the filing party may seek appropriate relief from the court.
Page 6 | Rule 2.3 Timely Filing
Service and Proof of Service Rules
The party obtaining a temporary order must serve notice of the required hearing's date and time with that order.
The party obtaining the temporary order must serve notice of the date and time of the required hearing with the temporary order.
Page 6 | 1.2 TEMPORARY ORDERS
Requesting counsel must immediately provide written notice of a hearing, pretrial, or trial setting to every other party.
Counsel who request a hearing, pre-trial and/or trial date and who receives notice of same from the court and/or the court coordinator shall have the duty to give all other parties in the case written notice immediately of such setting and to furnish a copy of such notice to the clerk of the Court in which the case is pending.
Page 8 | 1.7 OTHER SETTINGS
For an emergency hearing, counsel must promptly provide opposing counsel the motion and hearing-date notice by a means reasonably likely to achieve actual receipt.
If filing a motion requesting an emergency hearing, counsel must provide a copy of the motion and written notice of the requested and/or any awarded hearing date by hand-delivery, telefax, electronic transmission, or other similar means most likely to insure that opposing counsel receives that notice.
Page 8 | 1.7 OTHER SETTINGS
Testimony for a default requiring proof must be scheduled through the court’s coordinator, and all parties must receive notice.
Testimony for defaults requiring proof shall be scheduled with the Court Coordinator of the Court in which the case is pending, and notice given to all parties.
Page 8 | 1.7 OTHER SETTINGS
Counsel seeking emergency relief must make a good-faith effort to confirm receipt by contacting every opposing counsel’s office.
Counsel seeking the emergency hearing must also make a good faith effort to contact all opposing counsel's offices to confirm that the opposing counsel has received the written notice.
Page 8 | 1.7 OTHER SETTINGS
A party desiring to attend a default hearing must be allowed to attend, or the hearing must be set with at least three days’ notice.
If other parties indicate a desire to be present, they must be given the opportunity to or be present, or a setting with at least three (3) days' notice must be obtained
Page 8 | 1.7 OTHER SETTINGS
A hearing ordinarily requires at least three days’ notice, unless the requesting party files an emergency-hearing motion stating specific reasons.
No hearing shall be set on less than three (3) days' notice, and no party shall request a hearing on less than three (3) days' notice unless that party has filed a motion for emergency hearing, and has provided specific reasons for same.
Page 8 | 1.7 OTHER SETTINGS
When other parties exist, they must receive notice before counsel approaches the court to obtain a default, even though a no-record default hearing requires no setting.
No setting is required for a hearing on a default requiring no record or proof; however if there are any other parties to the case, notice to all such parties must be given before any attempt is made to approach the court to obtain a default.
Page 8 | 1.7 OTHER SETTINGS
Counsel must serve copies on all counsel.
Counsel shall serve copies on all counsel.
Page 13 | 1.18 ORDERS AND JUDGMENTS
The electronic-service date is generally the date on which service is complete, subject to Rule 5.2(c).
Except as provided by subsection (c) below, the date of service shall be the date the electronic service is complete.
Page 9 | Rule 5.2 Completion of Service and Date of Service
Electronic service requires the recipient's written agreement, and the clerk's standard agreement must identify the service e-mail address, explain the recipient's rescission right, be filed with the court, and be served on all other parties.
Documents may be electronically served upon a party only where that party has agreed, in writing, to receive electronic service in that case. The clerk shall adopt a standard form of agreement which provides that the party has agreed to electronically accept service, sets out the e-mail address where service should be sent, and informs the party of the right to rescind the agreement by subsequent notice to the court. The agreement must be filed with the court and the form must be served on all other parties.
Page 9 | Rule 5.1 Electronic Service of Documents Permissible
Electronic service is complete when the filer transmits the document to the recipient's e-mail address.
Electronic service shall be complete upon transmission of the document by the filer to the party at the party's e-mail address.
Page 9 | Rule 5.2 Completion of Service and Date of Service
A filer must accompany an electronically served document with a written certification identifying the filer's e-mail address or telecopier number, the recipient's e-mail address, the service date and time, and completion of electronic transmission.
A filer who electronically serves a document upon another party shall make a written certification of such service that shall accompany the document when that document is filed. The written certification shall include, in addition to any other requirements imposed by the Texas Rules of Civil Procedure, the following: - (i) the filer's e-mail address or telecopier (facsimile machine) number; - (ii) the recipient's e-mail address; - (iii) the date and time of electronic service; and - (iv) a statement that the document was electronically served and that the electronic transmission was reported as complete.
Page 10 | Rule 5.4 Certification of Service
Electronic service completed after 5:00 p.m. in the recipient's time is deemed served on the next day that is not a Saturday, Sunday, or legal holiday.
When electronic service is complete after 5:00 p.m. (recipient's time), then the date of service shall be deemed to be the next day that is not a Saturday, Sunday or legal holiday.
Page 10 | Rule 5.2 Completion of Service and Date of Service
A document selected for electronic service must be transmitted no later than the time the document is filed.
Documents to be electronically served upon another party shall be sent before the time or at the same time that the document is filed.
Page 10 | Rule 5.4 Certification of Service
Three days are added to any period for taking action after electronic service of a document.
Whenever a party has the right or is required to do some act within a prescribed period of time after service of a document upon the party and that document is electronically served, then three days shall be added to the prescribed period of time.
Page 10 | Rule 5.3 Time for Action After Service
Electronic service is complete upon transmission to the serving party’s electronic filing service provider, which sends confirmation to the serving party.
Electronic service is complete on transmission of the document to the serving party’s electronic filing service provider. The electronic filing manager will send confirmation of service to the serving party.
Page 8 | Rule 3.2 Electronic Service Complete
An electronically filed document must be served through the electronic filing manager when the recipient’s email address is on file; otherwise service may be made as permitted by law.
A document filed electronically under these rules must be served electronically through the electronic filing manager if the email address of the party or attorney to be served is on file with the electronic filing manager. If the email address of the party or attorney to be served is not on file with the electronic filing manager, the document may be served on that party or attorney as permitted by law.
Page 8 | Rule 3.1 Documents Filed Electronically
The filing party or attorney must provide a written service certification above the signature on the filed instrument.
The party or attorney of record shall certify to the court compliance with this rule in writing above the signature on the filed instrument.
Page 8 | Rule 3.3 Proof of Service
Unless shortened by the court or otherwise governed by the rules, an application for an order and hearing notice must be served on all other parties at least three days before the hearing.
An application to the court for an order and notice of any hearing thereon, not presented during a hearing or trial, shall must be served upon all other parties not less than three days before the time specified for the hearing, unless otherwise provided by these rules or shortened by the court.
Page 5 | Amendments to Rule 21, Texas Rule of Civil Procedure
When another party is represented, each pleading must be delivered or mailed to the attorney in charge for that party.
If there is more than one other party represented by different attorneys, one copy of each such pleading shall must be served on delivered or mailed to each attorney in charge.
Page 5 | Amendments to Rule 21, Texas Rule of Civil Procedure
Service by registered mail, certified mail, or telephonic document transfer extends an otherwise applicable period by three days.
extending other periods by three days when service is made by registered or certified mail. or by telephonic document transfer
Page 5 | Amendments to Rule 4, Texas Rule of Civil Procedure
A true copy of a pleading, plea, motion, or application must be served on every other party at the same time.
at the same time a true copy shall must be served on all other parties
Page 5 | Amendments to Rule 21, Texas Rule of Civil Procedure
A document not filed electronically may be served in person, by agent, courier, certified or registered mail, commercial delivery, fax, email, or another manner directed by the court.
A document not filed electronically may be served either in person, or by agent or by courier receipted delivery or by certified or registered mail, to the party’s last known address, by commercial delivery service, or by fax, telephonic document transfer to the recipient’s current telecopier number, by email, or by such other manner as the court in its discretion may direct.
Page 8 | Rule 21a, Texas Rule of Civil Procedure
Service by mail or commercial delivery is complete when the paper document is deposited, postpaid and properly addressed, with the mail or commercial delivery service.
Service by mail or commercial delivery service shall be complete upon deposit of the paper document, postpaid and properly addressed, in the mail or with a commercial
Page 8 | Rule 21a, Texas Rule of Civil Procedure
Documents filed electronically must be served electronically through the filing manager when the recipient’s email address is on file; otherwise, service may proceed under the alternative method in subparagraph (2).
A document filed electronically under Rule 21 must be served electronically through the electronic filing manager if the email address of the party or attorney to be served is on file with the electronic filing manager. If the email address of the party or attorney to be served is not on file with the electronic filing manager, the document may be served on that party or attorney under subparagraph (2).
Page 8 | Rule 21a, Texas Rule of Civil Procedure
Three days must be added to a prescribed action period when service is made by mail or telephonic document transfer.
(c) Time for Action After Service. Whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, or by telephonic document transfer, three days shall be added to the prescribed period.
Page 9 | Amendments to Rule 21, Texas Rule of Civil Procedure
Electronic service is complete upon transmission to the serving party's electronic filing service provider, which will send confirmation to the serving party.
(3) Electronic service is complete on transmission of the document to the serving party’s electronic filing service provider. The electronic filing manager will send confirmation of service to the serving party.
Page 9 | Amendments to Rule 21, Texas Rule of Civil Procedure
The filing party or attorney of record must provide a signed written certification of service on the filed instrument.
(e) Proof of Service. The party or attorney of record shall certify to the court compliance with this rule in writing over signature and on the filed instrument.
Page 9 | Amendments to Rule 21, Texas Rule of Civil Procedure
Fax service is complete upon receipt, but service completed after 5:00 p.m. in the recipient's local time is deemed served the following day.
(2) Service by fax is complete on receipt. Service completed after 5:00 p.m. local time of the recipient shall be deemed served on the following day.
Page 9 | Amendments to Rule 21, Texas Rule of Civil Procedure
A document filed electronically must be served electronically through the electronic filing manager when the recipient's email address is on file.
(1) Documents Filed Electronically. A document filed electronically under Rule 9.2 must be served electronically through the electronic filing manager if the email address of the party or attorney to be served is on file with the electronic filing manager.
Page 20 | Rule 9.5(b)(1)
At or before filing, the filing party must serve every party and must serve represented parties through their lead counsel; service of the record is not required in an original proceeding.
(a) Service of All Documents Required. At or before the time of a document’s filing, the filing party must serve a copy on all parties to the proceeding. Service on a party represented by counsel must be made on that party’s lead counsel. Except in original proceedings, But a party need not serve a copy of the record.
Page 20 | Rule 9.5(a)
A document not filed electronically may be served in person, by mail, commercial delivery service, fax, or email, with personal service including delivery to a responsible person at lead counsel's office.
(2) Documents Not Filed Electronically. A document that is not filed electronically may be served in person, by mail, by commercial delivery service, by fax, or by email. Personal service includes delivery to any responsible person at the office of the lead counsel for the party served.
Page 20 | Rule 9.5(b)(2)
Service by mail is complete when the document is mailed.
(1) Service by mail is complete on mailing.
Page 20 | Rule 9.5(c)(1)
Commercial delivery service is complete when the document is placed under the delivery service's control.
(2) Service by commercial delivery service is complete when the document is placed in the control of the delivery service.
Page 20 | Rule 9.5(c)(2)
Service on a represented party must be made on its lead counsel and may be personal, by mail, commercial delivery service, or fax; personal service may be completed through a responsible person at lead counsel's office.
(b) Manner of Service. Service on a party represented by counsel must be made on that party’s lead counsel. Service may be personal, by mail, by commercial delivery service, or by fax. Personal service includes delivery to any responsible person at the office of the lead counsel for the party served.
Page 20 | Rule 9.5(b)
A document presented for filing must contain a proof of service in the form of an acknowledgment of service or a certificate of service, although the clerk may permit filing without it temporarily and require it promptly.
(d) Proof of Service. A document presented for filing must contain a proof of service in the form of either an acknowledgment of service by the person served or a certificate of service. Proof of service may appear on or be affixed to the filed document. The clerk may permit a document to be filed without proof of service, but will require the proof to be filed promptly.
Page 21 | Rule 9.5
A certificate of service must be signed by the person making service and state the service date and manner, each person served and their address, and the represented party’s name when an attorney is served.
(e) Certificate Requirements. A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served; and (3) if the person served is a party’s attorney, the name of the party represented by that attorney.
Page 21 | Rule 9.5
Findings and conclusions must immediately be sent to all parties, who have ten days after receipt to object, although the trial court may transmit the record earlier.
When findings of fact and conclusions of law are made, a copy of those findings and conclusions shall immediately be sent to all parties in the case. A party has ten days from the date he receives the findings to file objections, but the trial court may, nevertheless, transmit the record to the Court of Criminal Appeals before the expiration of the ten days.
Page 31 | 73.34(b)(2)
Filing Fees and Waivers
Electronic filers must pay regular district-clerk filing fees indirectly through TexasOnline using a method specified by TexasOnline.
Filers who electronically file documents will pay regular filing fees to the district clerk indirectly through TexasOnline by a method set forth by TexasOnline.
Page 6 | Rule 4.1 TexasOnline
The district clerk may charge an additional convenience fee for electronic filing in addition to regular filing, credit-card, and other fees.
The district clerk may charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees, credit card fees, or other fees.
Page 6 | Rule 4.1 TexasOnline
An EFSP may charge an additional convenience fee for electronic filing.
An EFSP may charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees.
Page 6 | Rule 4.1 TexasOnline
TexasOnline charges an additional convenience fee for electronic filing that cannot exceed the amount approved by the TexasOnline Authority.
TexasOnline will charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees and will be in an amount not to exceed the amount approved by the TexasOnline Authority.
Page 6 | Rule 4.1 TexasOnline
Courtesy Copy Requirements
All parties must mail one courtesy hard copy of each motion, response, and pertinent supporting document directly to the district court within five working days after electronic filing and acceptance.
All Parties shall provide a courtesy hard copy (Court Copy) to the Court of all motions, responses, and pertinent supporting documents no later than 5 working days after the document is e-filed and accepted. The Court Copy shall be addressed and mailed directly to the District Court.
Page 1 | E-filing requirements for Family Law Cases and Civil Law Cases
Sealing & Redaction Procedures
Sensitive data includes government identification numbers, financial account information, birth dates, home addresses, and the name of a person who was a minor when the case was filed.
Sensitive data consists of: (1) a driver’s license number, passport number, social security number, tax identification number, or similar government-issued personal identification number; (2) a bank account number, credit card number, or other financial account number; and (3) a birth date, home address, and the name of any person who was a minor when the underlying suit was filed.
Page 8 | Rule 5.1 Sensitive Data Defined
Sensitive data must be redacted before an electronic or paper document may be filed, subject to an expressly stated statutory, rule, or administrative exception.
An electronic or paper document containing sensitive data may not be filed with a court unless the sensitive data is redacted. Documents containing sensitive data may be filed with a court when the data’s inclusion is specifically required by a statute, court rule, or administrative
Page 8 | Rule 5.2 Filing of Documents Containing Sensitive Data Prohibited
Sensitive data must be redacted with an “X” or visibly removed, and the filing party must retain the unredacted document during the case and for three years after judgment for related appellate proceedings.
Rule 5.3 Redaction of Sensitive Data; Retention Requirement Sensitive data must be redacted by using the letter “X” in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted. The filing party must retain an unredacted version of the filed document during the pendency of the case and any related appellate proceedings filed within three years of the date the judgment is signed.
Page 9 | Rule 5.3 Redaction of Sensitive Data; Retention Requirement
Sensitive data must be redacted with an X for each omitted character or removed in a manner clearly indicating the redaction.
(c) Redaction of Sensitive Data; Retention Requirement. Sensitive data must be redacted by using the letter “X” in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted.
Page 10 | New Rule 21c, Texas Rules of Civil Procedure
An electronic or paper document containing sensitive data generally may not be filed unless the data is redacted, with exceptions for statutorily required data, wills, and documents filed under seal.
(b) Filing of Documents Containing Sensitive Data Prohibited. Unless the inclusion of sensitive data is specifically required by a statute, court rule, or administrative regulation, an electronic or paper document, except for wills and documents filed under seal, containing sensitive data may not be filed with a court unless the sensitive data is redacted.
Page 10 | New Rule 21c, Texas Rules of Civil Procedure
The filing party must retain an unredacted document throughout the case and for related appellate proceedings filed within six months after judgment is signed.
The filing party must retain an unredacted version of the filed document during the pendency of the case and any related appellate proceedings filed within six months of the date the judgment is signed.
Page 10 | New Rule 21c, Texas Rules of Civil Procedure
Sensitive data generally may not be filed electronically or on paper unless the data is redacted, except where inclusion is specifically required or for the record in an appeal under Section Two.
(b) Filing of Documents Containing Sensitive Data Prohibited. Unless the inclusion of sensitive data is specifically required by a statute, court rule, or administrative regulation, an electronic or paper document containing sensitive data may not be filed with a court unless the sensitive data is redacted, except for the record in an appeal under Section Two.
Page 21 | 9.9 Privacy Protection for Documents Filed in Civil Cases
Documents containing unredacted sensitive data in violation of the rule may not be posted on the Internet.
(e) Restriction on Remote Access. Documents that contain unredacted sensitive data in violation of this rule must not be posted on the Internet.
Page 22 | 9.9 Privacy Protection for Documents Filed in Civil Cases
Sensitive data must be redacted with an X or removed in a manner showing redaction, and the filing party must retain an unredacted version during the appeal and related proceedings filed within six months after judgment is signed.
(c) Redaction of Sensitive Data; Retention Requirement. Sensitive data must be redacted by using the letter “X” in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted. The filing party must retain an unredacted version of the filed document during the pendency of the appeal and any related proceedings filed within six months of the date the judgment is signed.
Page 22 | 9.9 Privacy Protection for Documents Filed in Civil Cases
Sensitive data consists of the information defined in this rule.
(a) Sensitive Data Defined. Sensitive data consists of:
Page 24 | 9.10 Privacy Protection for Documents Filed in Criminal Cases
The court may order a document to be filed under seal, in paper or electronic form, without redaction.
A court may also order that a document be filed under seal in paper form or electronic form, without redaction.
Page 24 | 9.10 Privacy Protection for Documents Filed in Criminal Cases
For sealed paper material, the sealing order must be attached outside the container; for sealed electronic material, it must appear as the first document.
If a court orders material sealed, whether it be sensitive data or other materials, the court’s sealing order must be affixed to the outside of the sealed container if the sealed material is filed in paper form, or be the first document that appears if filed in electronic form.
Page 24 | 9.10 Privacy Protection for Documents Filed in Criminal Cases
Sensitive data must be redacted by replacing each omitted digit or character with an X or by visibly removing the data.
(c) Redaction procedures. Sensitive data must be redacted by using the letter “X” in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted.
Page 24 | 9.10 Privacy Protection for Documents Filed in Criminal Cases
Electronic and paper criminal appellate filings, including appendices, may not contain sensitive data unless the court orders otherwise.
(b) Redacted Filings. Unless a court orders otherwise, an electronic or paper filing with the court, including the contents of any appendices, must not contain sensitive data.
Page 24 | 9.10 Privacy Protection for Documents Filed in Criminal Cases
In criminal cases, the appellate record must not be posted on the Internet.
In a criminal case, the record must not be posted on the Internet.
Page 26 | Amendments to Rule 37, Texas Rule of Appellate Procedure
If a document must contain sensitive data, the filing party must notify the clerk by designating the document during electronic filing or placing the specified notice on the upper left side of the first page for a non-electronic filing.
(d) Notice to Clerk. If a document must contain sensitive data, the filing party must notify the clerk by: (1) designating the document as containing sensitive data when the document is electronically filed; or (2) if the document is not electronically filed, by including, on the upper left- hand side of the first page, the phrase: “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.”
Page 22 | 9.9 Privacy Protection for Documents Filed in Civil Cases
A filer may submit essential sensitive information in a paper reference list filed under seal.
If a filer believes any information described in paragraph (a) of this rule is essential to a document or that the document would be confusing without the information, the filer may submit the information to the court in a reference list that is in paper form and under seal.
Page 24 | 9.10 Privacy Protection for Documents Filed in Criminal Cases
The filer must retain an unredacted version of the filed document during the appeal and related proceedings filed within three years after judgment is signed.
The filer must retain an unredacted version of the filed document during the pendency of the appeal and any related proceedings filed within three years of the date the judgment is signed.
Page 24 | 9.10 Privacy Protection for Documents Filed in Criminal Cases
A sealed reference list must assign a unique identifier to each listed item.
The reference list must specify an appropriate identifier that corresponds uniquely to each item listed.
Page 24 | 9.10 Privacy Protection for Documents Filed in Criminal Cases
Filing Bundling Requirements
Orders and judgments may not be bundled with any other papers and must be completely separated.
Orders and Judgments shall be completely separated from all other papers.
Page 12 | 1.16 FILING OF PAPERS AND/OR ELECTRONIC FILING WITH THE DISTRICT CLERK
An electronic transmission to TexasOnline generally may contain only one document.
(a) Except as provided by subsection (b) below, a filer may include only one document in an electronic transmission to TexasOnline.
Page 8 | Rule 4.6 Multiple Documents
The court reporter or recorder should prepare only one consolidated record despite multiple notices of appeal or record-preparation requests.
Even if more than one notice of appeal or request for preparation of the record is filed, the court reporter or court recorder should prepare only one consolidated record in the case.
Page 39 | RULE 2. ELECTRONIC REPORTER’S RECORD.
A document may be electronically transmitted with another document as an attachment.
(b) A filer may electronically transmit a document to TexasOnline that includes another document as an attachment (e.g., a motion to which is attached a brief in support of the motion).
Page 8 | Rule 4.6 Multiple Documents
Adjournment & Extension Requirements
Counsel’s other engagements do not justify postponing a specially set case unless good cause is shown by motion and notice filed more than ten days before trial.
Other engagements of counsel shall not be grounds for postponement of a case specially set, unless good cause is shown on motion and notice filed more than ten days before the date set for trial.
Page 8 | 1.8 SPECIAL SETTINGS
A specially set case may be postponed only if good cause is shown by a motion and notice filed more than ten days before trial.
counsel shall not be grounds for postponement of a case specially set, unless good cause is shown on motion and notice filed more than ten days before the date set for trial. No more than one case shall be specially set in any court in any particular week.
Page 25
A party may contest receipt, and the court may extend time or grant other relief if it finds the document, notice, or instrument was not received.
Nothing herein shall preclude any party from offering proof that the document, notice, or instrument was not received, and upon so finding, the court may extend the time for taking the action required of such party or grant such other relief as it deems just.
Page 8 | Rule 3.3 Proof of Service
A court may permit a document to exceed its prescribed length limit upon a motion.
(4) Extensions. A court may, on motion, permit a document that exceeds the prescribed limit.
Page 19 | Rule 9.4(e)(4)