Cameron County District Courts 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.

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.

Electronic filing does not change applicable filing deadlines.

The electronic filing of a document does not alter any filing deadlines.

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.

Deadline

10 calendar days

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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

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.

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.

Deadline

3 business days

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.

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.

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.

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.

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:

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

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.

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.

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.

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.

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.

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.

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.

Deadline

180 calendar days

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.

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.

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.

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.

The clerk must not refuse a nonconforming filing, but may identify the error and set a deadline for resubmission in conforming format.

The clerk may not refuse to file a document that fails to conform with this rule. 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.

The clerk must accept a nonconforming document but may identify the sensitive-data error and set a deadline for filing a redacted substitute.

(e) Non-Conforming Documents. The clerk may not refuse to file a document that contains sensitive data in violation of this rule. But the clerk may identify the error to be corrected and state a deadline for the party to resubmit a redacted, substitute document.

The appellate court accepts a legible USPS postmark or a USPS-endorsed registered or certified mail receipt as conclusive proof of the mailing date.

Though it may consider other proof, the appellate court will accept the following as conclusive proof of the date of mailing: (A) a legible postmark affixed by the United States Postal Service; (B) a receipt for registered or certified mail if the receipt is endorsed by the United States Postal Service; or

A filing party may seek appropriate court relief when a technical failure or system outage causes an untimely 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.

The filer's EFSP transmission report is prima facie evidence of when the document was transmitted.

A transmission report by the filer to the filer's EFSP shall be prima facia evidence of date and time of transmission.

TexasOnline sends an acknowledgment identifying the document's receipt date and time.

TexasOnline will electronically transmit to the filer an "acknowledgment" that the document has been received by TexasOnline. The acknowledgment will note the date and time that the electronically-transmitted document was received by TexasOnline.

The clerk reports same-day acceptance to TexasOnline, which sends the filer an acceptance confirmation through the EFSP.

The district clerk shall inform TexasOnline of its action the same day action is taken. TexasOnline shall, on that same day, electronically transmit to the filer's EFSP a "confirmation" that the document has been accepted for filing by the district clerk.