El Paso County District Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion, Response, Supporting Documents
Adjournments
- Known grounds for a trial continuance must be presented at least 14 days before the trial setting or at the pretrial conference, whichever occurs first, unless separately governed by a scheduling order or the presiding judge’s standing order.
Document Format Requirements8 rules
Documents requiring opposing-party signatures, such as a Rule 11 agreement, may be filed electronically only as scanned images.
(b) A document that requires the signatures of opposing parties (such as a Rule 11 agreement) may be electronically filed only as a scanned image.
Documents requiring verification, notarization, acknowledgment, oath, or sworn status may be filed electronically only as scanned images.
(a) 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.
A party requesting a written order must directly provide the court with a hard copy of the supporting pleading and a proposed order complying with Local Rule 3.04.
A parfy requesting a wrinen order on any matter shall provide directly to the Court a hard copy of the pleading supporting that request and a proposed order in compliance with Local Rule 3.04.
Paper
Parties must provide a hard copy of the proposed jury charge that includes reasonably anticipated special issues and requested special instructions.
Parties shall provide a hard copy of the proposed jury charge including any special issues or requested special instructions that are reasonably anticipated.
Paper
Parties must prepare electronic copies of admitted trial exhibits for the court reporter's preparation of the trial record.
Parties shall prepare an electronic copy of admitted trial exhibits which are to be provided to the court reporter for preparation ofthe reporter's record.
eFileTexas will specify the permissible electronic filing and service formats under JCIT standards.
(c) Consistent with standards promulgated by the Judicial Committee on Information Technology (JCIT), eFileTexas will specify the permissible formats for documents that will be electronically filed and electronically served.
Electronically filed documents must follow eFileTexas computer-format specifications and be formatted for 8½-by-11-inch paper.
Electronically-filed documents must be computer-formatted as specified by eFileTexas. Electronically-filed documents must also be formatted for printing on 8 ½-inch by 11-inch paper.
An affidavit or other paper described by Rule 3.4(a) or (b) may be scanned and filed electronically with the underlying document when it is an attachment.
(c) 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.
Document Filing Requirements9 rules
A party requesting a written order must provide the supporting pleading and a proposed order directly to the court by hand delivery or email, as the court prefers.
A party requesting a written order on any matter shall provide directly to the court, either by hand delivery or email, based on the court’s preference, a copy of the pleading supporting that request and a proposed order.
Document Type
Proposed Order
A party must promptly file a notice of stay detailing the grounds when a statutory or legal stay applies.
If a case is required to be stayed pursuant to any law, such as protection under the bankruptcy laws, suggestion of death, the Servicemembers Civil Relief Act, or abatement, the party must promptly file a notice of stay describing in detail the grounds for the stay.
Document Type
Notice Of Stay
The mediator must provide the court with a report stating whether settlement was obtained.
The mediator shall provide to the court a report as to whether or not a settlement was obtained.
Document Type
Mediation Report
The party that filed the initial stay notice must file a written notice with the affected courts once the stay grounds are discharged or concluded.
Once the grounds for stay are discharged or concluded, the party who filed the initial notice of stay must file a notice in writing to the affected courts.
Document Type
Notice Of Stay Discharge
Every electronically filed document must include the filer's e-mail address.
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
A party requesting a written order must provide a proposed order complying with Local Rule 3.04.
A parfy requesting a wrinen order on any matter shall provide directly to the Court a hard copy of the pleading supporting that request and a proposed order in compliance with Local Rule 3.04.
Document Type
Proposed Order
The proposed jury charge must include any reasonably anticipated special issues and requested special instructions.
Parties shall provide a hard copy of the proposed jury charge including any special issues or requested special instructions that are reasonably anticipated.
Document Type
Proposed Jury Charge
A media coverage request must be signed by an agent of each participating media agency and acknowledge receipt of the guidelines and their binding effect.
The notice filed shall be signed by an agent of each specific media agency that intends to cover a proceeding or a trial and the notice will contain an acknowledgement that such media agency and agent has received a copy of these guidelines and that these guidelines are binding upon said agency and agent.
Document Type
Media Coverage Notice
An order submitted for signature must reflect the opposing counsel’s or party’s approval as to form or substance, although the court may hear the motion without that approval.
Any order presented for the court’s signature must reflect approval as to form or substance of the opposing counsel or party. Absent such approval, a motion for entry or order may be heard before the court will sign the order.
Document Type
Proposed Order
Filing & Service rules
Electronic Filing Rules
For a represented party, the attorney must designate at least one email address in the Texas E-File system’s Service Contacts tab upon the party’s first filing.
If a party is represented, the attorney for that party will designate at least one email address in the Service Contacts tab on the Texas E-File system upon the party’s first filing in the case.
Page 4 | RULE 3.02 E-FILING REQUIREMENT FOR SERVICE CONTACTS
Filers must follow eFileTexas registration procedures to become registered for electronic filing.
(a) To become registered to electronically file documents, filers must follow registration procedures outlined by eFileTexas.
Page 4 | Rule 4.1 eFileTexas
Electronic documents must be transmitted through an EFSP and eFileTexas rather than filed directly with the district clerk, and filers must maintain valid EFSP and eFileTexas accounts.
(b) 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 eFileTexas 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 eFileTexas
Page 4 | Rule 4.1 eFileTexas
The EFSP must transmit the document, submission time, and payment information to eFileTexas, which must acknowledge receipt and provide a receipt date and time.
On receipt of a filer's document, the filer's EFSP must send the document to eFileTexas 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. eFileTexas will electronically transmit to the filer an “acknowledgment” that the document has been received by eFileTexas. The acknowledgment will note the date and time that the electronically-transmitted document was received by eFileTexas.
Page 5 | Rule 4.3 Time Document is Filed
Each filer must use the confidential electronic identifier issued through registration when filing electronically.
Upon completion of the initial registration procedures, each filer will be issued a confidential and unique electronic identifier. Each filer must use his or her identifier in order to electronically file documents.
Page 5 | Rule 4.2 Signatures
eFileTexas must electronically transmit the filing to the district clerk and warn the EFSP if the document is improperly formatted.
Upon receiving a document from a filer's EFSP, eFileTexas shall electronically transmit the document to the district clerk. If the document was not properly formatted, eFileTexas will transmit a warning to the filer's EFSP.
Page 6 | Rule 4.3 Time Document is Filed
Legally confidential documents, including papers in mental health proceedings, and materials restricted by judicial rule or order may not be viewed.
Nothing in this rule allows for the viewing of documents or court orders, in any form, that are legally confidential (e.g., papers in mental health proceedings) or otherwise restricted by judicial rule or order.
Page 9 | Rule 6.2 Viewing of Electronically-filed Documents
Documents that may traditionally be filed with the district clerk may generally be filed electronically, subject to the listed exceptions.
(a) 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 3 | Rule 3.3 Documents That May Be Electronically Filed
Even after a scanned image is filed electronically, the court may require proper traditional filing, and a third party may request court-permitted inspection of the filer-maintained document.
(d) 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 clerk. A third party may request the court in which the matter is pending to allow inspection of a document maintained by the filer.
Page 4 | Rule 3.4 Documents Containing Signatures
Electronic filing and service are optional unless a party moves and the court finds good cause to order them in a particular case.
(a) Except as provided by subsection (b) below, the electronic filing and serving of court documents is wholly optional. (b) Upon the motion of a party and for good cause shown, a district court may order the parties in a particular case to electronically file and serve court documents that are permitted to be electronically filed under Rule 3.3.
Page 1 | Rule 1.3 Electronic Filing Optional Unless Ordered by Court
A motion to seal a document and any response to that motion may be filed electronically.
(b) A motion to have a document sealed, as well as any response to such a motion, may be electronically filed.
Page 4 | Rule 3.3 Documents That May Be Electronically Filed
Electronic transmission through an EFSP to eFileTexas is available year-round and around the clock except during scheduled state-approved maintenance.
A filer may electronically transmit a document through an EFSP to eFileTexas 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 5 | Rule 4.3 Time Document is Filed
The district clerk may provide filers and the public electronic viewing of electronically filed or scanned documents or court orders; if provided, persons may view them electronically.
Independent of eFileTexas and the requirement of viewing access described in subsection (a), the district clerk may choose to provide for both filers and the general public to electronically view documents or court orders that have been electronically filed or scanned. Where such provision has been made, persons may electronically view documents or court orders that have been electronically filed or scanned.
Page 9 | Rule 6.2 Viewing of Electronically-filed Documents
Filing Timing and Cure Windows
The notice of stay must be filed promptly.
If a case is required to be stayed pursuant to any law, such as protection under the bankruptcy laws, suggestion of death, the Servicemembers Civil Relief Act, or abatement, the party must promptly file a notice of stay describing in detail the grounds for the stay.
Page 7 | El Paso Local Rules, General Parts 1 and 2; Civil Part 3
A document is generally deemed delivered and filed when the filer sends it to the EFSP, subject to the Sunday filing rule.
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 5 | Rule 4.3 Time Document is Filed
A timely electronic submission received by the clerk no more than ten days late will be filed and deemed timely.
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 5 | Rule 4.3 Time Document is Filed
Electronic filing does not extend or otherwise change applicable filing deadlines.
The electronic filing of a document does not alter any filing deadlines.
Page 6 | Rule 4.4 Filing Deadlines Not Altered
Except for the Sunday rule, an accepted document's filing date and time are the date and time it was transmitted to the EFSP.
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 6 | Rule 4.3 Time Document is Filed
By the first business day after receipt, the clerk must decide whether to accept a compliant filing.
Not later than the first business day after receiving a document from eFileTexas, the district clerk shall decide whether the document will be accepted for filing. The district clerk shall accept the document for filing provided that the document is not misdirected and complies with all filing requirements.
Page 6 | Rule 4.3 Time Document is Filed
A rejection notice and its reason must be transmitted to the filer through eFileTexas and the EFSP on the decision date.
If the document is not accepted for filing, the district clerk shall inform eFileTexas of its action, and the reason for such action, the same day action is taken. eFileTexas 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. The EFSP will electronically transmit the alert to the filer.
Page 6 | Rule 4.3 Time Document is Filed
Except for the listed special proceedings, a civil suit commenced electronically on Sunday is deemed filed on Monday.
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, eFileTexas, or the Clerk on Sunday. Such documents will be deemed to have been filed on the succeeding Monday.
Page 6 | Rule 4.3 Time Document is Filed
A document is deemed accepted and filed if the clerk does not act within the prescribed 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 6 | Rule 4.3 Time Document is Filed
If an objection to a non-jury matter cannot be resolved through conference, the objecting party must file a written objection stating its grounds as soon as reasonably possible.
Any party who has an objection to the date, time, or manner of the non-jury matter, which cannot be resolved by conference with other parties and the court coordinator, shall as soon as is reasonably possible file a written objection, stating the grounds therein, for the court’s discretionary resolution.
Page 4 | RULE 3.03 REQUEST FOR HEARINGS, NON-JURY TRIAL SETTINGS, AND OTHER NON-JURY APPEARANCES
The district clerk must inform eFileTexas of its action the same day it is taken; eFileTexas must transmit an acceptance confirmation to the filer’s EFSP that same day, and the EFSP will send it to the filer.
The district clerk shall inform eFileTexas of its action the same day action is taken. eFileTexas 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. The EFSP will electronically transmit the confirmation to the filer.
Page 6 | Rule 4.3 Time Document is Filed
The service date is the completion date, except that 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.
(b) Except as provided by subsection (c) below, the date of service shall be the date the electronic service is complete. (c) 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 8 | Rule 5.2 Completion of Service and Date of Service
The standing order does not alter, modify, or override any deadline established by other law or a court order in a particular case.
This Standing Order does no, in any way alter, modify or offeet any deadline set by other law or order in ony porticular case.
Page 1 | STANDING ORDER REGARDING CIVIL MATTERS
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 facie evidence of date and time of transmission.
Page 5 | Rule 4.3 Time Document is Filed
Service and Proof of Service Rules
Self-represented litigants must provide copies of all filed papers to every other party or attorney.
Self-represented litigants shall be responsible for providing copies of all papers filed to all other parties or attorneys.
Page 1 | RULE 1.02 SELF-REPRESENTED LITIGANTS
Process service must comply with Rule 103 of the Texas Rules of Civil Procedure.
Process service must be handled in accordance with Rule 103 of the Texas Rules of Civil Procedure.
Page 2 | RULE 1.03 PRIVATE SERVICE OF PROCESS
The requesting party must promptly serve all other parties with the hearing details and file a copy of the notice with the clerk.
The requesting party shall then promptly serve all other parties with notice of the date, time, and manner of the hearing and of the particular matter which will be considered at such time and shall file a copy of such notice with the clerk.
Page 4 | RULE 3.03 REQUEST FOR HEARINGS, NON-JURY TRIAL SETTINGS, AND OTHER NON-JURY APPEARANCES
A filer electronically serving another party must file a written service certification stating the filer's contact information, recipient's e-mail address, service date and time, and that electronic transmission was reported complete.
(b) 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 8 | Rule 5.4 Certification of Service
Three days must be added to a prescribed post-service action period when the document is electronically served.
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 8 | Rule 5.3 Time for Action After Service
A document served electronically on another party must be served before filing or at the same time as filing.
Documents to be electronically served upon another party shall be served before the time or at the same time that the document is filed.
Page 8 | Rule 5.4 Certification of Service
A filer may serve documents electronically at another party's e-mail address only if that party has consented or the court has ordered electronic service.
(a) In addition to the methods of serving documents (other than the citation to be served upon the filing of a cause of action) set forth in TEX. R. CIV. P. 21a, a filer may serve documents upon another party in the case by electronically transmitting the document to that party at the party's email address. Service in such a manner is known as "electronic service," and is permissible in the circumstances set out in paragraph (b) below. (b) Documents may be electronically served upon a party only where that party has agreed to receive electronic service or where the court has ordered the parties to electronically serve documents.
Page 7 | Rule 5.1 Electronic Service of Documents Permissible
A filer who electronically files or serves documents, or agrees to accept service, must notify eFileTexas, the district clerk, and all parties of any e-mail-address change.
By virtue of electronically filing a document or serving a document or by agreeing to accept service, a filer additionally agrees to provide information regarding any change in his or her e-mail address to eFileTexas, the district clerk, and all parties in the case.
Page 7 | 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.
(a) Electronic service shall be complete upon transmission of the document by the filer to the party at the party's e-mail address.
Page 7 | Rule 5.2 Completion of Service and Date of Service
Electronic filing alone does not require electronic service unless the court orders the parties to serve electronically.
A party who electronically files a document is not required to electronically serve documents upon other parties unless the court has ordered the parties to electronically serve documents.
Page 7 | Rule 5.1 Electronic Service of Documents Permissible
Electronic service is permitted for both traditionally filed and electronically filed documents.
A filer may electronically serve a document in instances where the document is traditionally filed as well as in instances where the document is electronically filed.
Page 7 | Rule 5.1 Electronic Service of Documents Permissible
Filing Fees and Waivers
eFileTexas will charge filers a convenience fee for electronic filing.
(f) eFileTexas will charge filers a convenience fee to electronically file documents.
Page 4 | Rule 4.1 eFileTexas
Electronic filers must pay the district clerk's regular filing fees indirectly through eFileTexas using a method specified by eFileTexas.
(d) Filers who electronically file documents will pay regular filing fees to the district clerk indirectly through eFileTexas by a method set forth by eFileTexas.
Page 4 | Rule 4.1 eFileTexas
A District Clerk convenience fee charged for electronic filing is additional to regular filing fees and is treated as a court cost.
“Convenience fee” is a fee charged in connection with electronic filing that is in addition to regular filing fees. A Convenience Fee charged by the District Clerk will be considered as a court cost.
Page 2 | Rule 2.1 Specific Terms
An EFSP may charge an additional convenience fee for electronic filing beyond the regular filing fees.
(e) An EFSP may charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees.
Page 4 | Rule 4.1 eFileTexas
An additional fee will not exceed the amount specified in the agreement between eFileTexas and the Office of Court Administration.
fee will be in addition to regular filing fees and will be in an amount not to exceed the amount set forth in the agreement between eFileTexas and the Office of Court Administration.
Page 5 | Rule 4.1 Fees
The district clerk may charge an additional convenience fee for electronic filing.
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 5 | Rule 4.1 Fees
Courtesy Copy Requirements
Parties must provide the court one courtesy hard copy of motions, responses, and pertinent supporting documents no later than seven working days before the hearing.
Parties shall provide a coufiesy hard copy to the Court of motions. responses, and pertinent supporting documents, no later than 7 working days before hearing.
Page 1 | STANDING ORDER REGARDING CIVIL MATTERS
Filing Bundling Requirements
Absent the attachment exception, an electronic transmission to eFileTexas may contain only one document.
Except as provided by subsection (b) below, a filer may include only one document in an electronic transmission to eFileTexas.
Page 6 | Rule 4.5 Multiple Documents
An electronically transmitted document may include another document as an attachment.
A filer may electronically transmit a document to eFileTexas that includes another document as an attachment (e.g., a motion to which is attached a brief in support of the motion).
Page 6 | Rule 4.5 Multiple Documents
Pre-Motion Conference Requirements
After a discovery motion is filed and before any hearing, the court may order the parties to attend a mandatory conference.
After the filing of any discovery motion, but prior to a hearing, the court may order the parties to appear for a mandatory conference.
Page 7 | RULE 3.09 DISCOVERY CONFERENCE
Before filing a discovery motion, parties are expected to comply with Texas Rule of Civil Procedure 191.2.
Prior to the filing of any discovery motion, the parties are expected to comply with Rule 191.2 of the Texas Rules of Civil Procedure.
Page 7 | RULE 3.09 DISCOVERY CONFERENCE
Adjournment & Extension Requirements
Known grounds for a trial continuance must be presented at least 14 days before the trial setting or at the pretrial conference, whichever occurs first, unless separately governed by a scheduling order or the presiding judge’s standing order.
Any ground for continuance of the trial setting known by the attorney or the party shall be presented to the court at least 14 days prior to the trial setting or at the pretrial conference, if any, whichever shall occur first, or may be waived. This rule does not apply if a deadline is set separately under the governing scheduling order or as set by standing order of the presiding court.
Page 6 | RULE 3.07 CONTINUANCES
The unavailability of one attorney generally does not support a continuance when other attorneys in the firm have substantially participated in the case.
The unavailability of a particular attorney in a firm will generally not be considered grounds for a continuance of any case where other attorneys in the firm have had significant involvement in the case, such as signing pleadings, making court appearances, or attending depositions.
Page 6 | RULE 3.07 CONTINUANCES
An attorney may be excused from a court appearance upon notice when also scheduled to appear before a federal or state appellate court.
Upon notice to the court, attorneys may be excused from appearing for any purpose at any time when also scheduled to appear before any federal or state appellate court.
Page 6 | RULE 3.07 CONTINUANCES