Cameron County District Courts 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.

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:

Applies to

Verified or executed document

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.

Applies to

Opposing party signature document

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Attorneys in civil cases must electronically file documents.

(1) Requirement. Attorneys in civil cases must electronically file documents.

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.

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.

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.

Applies to

Clerks record

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.

Applies to

Clerks 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

Applies to

Reporter 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.

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.

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.

Applies to

Motion to seal

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.

Applies to

Attached affidavit or paper

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.

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.

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.

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.

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.

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.

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.

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.

Applies to

Electronically filed document

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.

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.

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.

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.

The first-listed signer on an initial pleading is the attorney in charge unless another person is designated.

The person whose name appears first in the signature block of an initial pleading is deemed to be the attorney in charge for the purposes of Texas Rules of Civil Procedure 8, unless otherwise designated.

For Texas Rules of Civil Procedure 13 and 57, the digital signature on a filed document is deemed to be the signature of the attorney named first in its signature block.

The digital signature on any document filed is deemed to be the signature of the attorney whose name appears first in the signature block of the document for the purpose of Texas Rules of Civil Procedure 13 and 57.

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.

A case file may combine electronically filed and traditionally filed documents.

(a) The district clerk's file for a particular case may contain a combination of electronically-filed documents and traditionally-filed documents.

The district clerk may maintain and provide electronically filed documents in any legally permitted manner.

(b) The district clerk may maintain and make available electronically-filed documents in any manner allowed by law.

Applies to

Court order

The district clerk may electronically scan a signed paper court order and use the scan as the official copy, but electronic scanning is optional and is not required to create official electronic court orders.

The district clerk may electronically scan a court order. The scanned court order may then serve as the official copy of the court order. The district clerk is not required to electronically scan court orders in order to create official electronic court orders. Electronic scanning of court orders is at the option of the district clerk.

These rules govern electronic filing of documents in criminal cases in the listed courts where criminal case electronic filing has been implemented.

These rules govern the electronic filing of documents with the clerk in criminal cases in district courts, statutory county courts, constitutional county courts, justice courts, and municipal courts in those counties in which criminal case electronic filing has been implemented pursuant to Rule 1.2 of these rules.

In a clerk’s office with implemented criminal case electronic filing, a filer may file and serve documents electronically or by paper.

Where criminal case electronic filing has been implemented in a clerk’s office, a filer may file and serve documents in a case either through the electronic filing system or by paper.

Electronic filing is optional for attorneys in courts where e-filing is available but not mandatory and for unrepresented parties.

Attorneys practicing in courts where electronic filing is available but not mandated and unrepresented parties may electronically file documents, but it is not required.

Wills are exempt from the electronic-filing requirement.

Wills are not required to be filed electronically.

Unrepresented parties in civil and criminal cases may, but are not required to, electronically file documents.

Unrepresented parties in civil and criminal cases may electronically file documents, but it is not required.

Unless a local rule requires it, a party need not file a paper copy of an electronically filed document.

(2) Electronically Filed Document. Unless required by local rule, a party need not file a paper copy of an electronically filed document.

The electronic filing manager sends the filing party a filing confirmation notice.

The electronic filing manager will send a filing confirmation notice to the filing party.