Fannin County Court at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements34 rules
E-filed documents must be text-searchable PDFs, converted directly to PDF rather than scanned when possible, unlocked, and compliant with the specified technology standards.
- File type
Formatting
- •The document must not be locked
Court's wording
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.
All exhibits shall be labeled with an exhibit sticker and sequentially numbered beginning with "Exhibit 1."
A redacted exhibit uses its appropriate exhibit number, and its original non-redacted version uses the same number followed by R.
Court's wording
If an exhibit has been redacted, the redacted exhibit will be labeled with the appropriate exhibit number. The original, non-redacted exhibit shall be labeled with the exact same exhibit number plus "R" for Record. For example, Exhibit 1 and Exhibit 1R.
Letters will only be used when an exhibit has a subpart. For example, exhibit 1-A, 1-B, 1-C, etc. If an exhibit has multiple subparts, the exhibit shall be labeled with a number-letter-number format. For example, 1-41, 1-42, etc.
All labels shall be legibly marked with the appropriate exhibit numbering sequence.
Documents and printed photographs shall be in an 8.5 × 11 format, unless the document or photograph is an original and cannot reasonably be reproduced in an 8.5 x 11 format, or an 8.5 x 11 format would not be sufficient or reasonable considering the substance of the exhibit. For example, maps, overhead views, diagrams, etc.
- Paper size
- Letter
If an audio or video file exceeds these stated size limits, the file shall be divided into separate files, or subparts, and labeled accordingly. For example, Audio File 1-A, 1-B, 1-C, etc.
Audio exhibits may not exceed 100 MB in any single file. Video files may not exceed 5 GB in any single file.
The listed formats are accepted for audio/video exhibits as of the Order's signing, and the sponsoring party must convert exhibits in other formats and know which formats the Court of Appeals accepts.
Court's wording
At the time of the signing of this Order, the following formats are accepted by the Court of Appeals for audio/video exhibits: avi, wmv, .wav, mpg, mid, .ast, mpeg, mpl, mp2, mp3, mp4, m4v, ogg, oga, ogv, webm. If an exhibit is not in one of the above-referenced formats, the sponsoring party shall be responsible for converting the exhibit to an acceptable format. It is the duty of the sponsoring party to be familiar with the tormats accepted by the Court of Appeals.
In the event photographs are submitted electronically on a disc or other storage device and includes more than one picture, each digital image shall be marked with its own exhibit number, treating each photograph as a subpart as listed in paragraph I. above.
Audio and video exhibits must meet the size and format requirements accepted by the Court of Appeals for record submission under the cited Uniform Format Manual.
Court's wording
All audio and video exhibits shall be submitted in a size and format accepted by the Court of Appeals for record submission. Uniform Format Manual for Texas Reporters' Records, By Supreme Court Order dated May 25, 2010, in Misc. Docket No. 10-9077, with amendment dated June 28, 2010, in Misc. Docket No. 10-9113.
If the Court of Appeals cannot open an exhibit in the Reporter's Record, the party that offered it must provide the court reporter an accessible, acceptable-format version.
Court's wording
In the event a case is on appeal and the Court of Appeals cannot open an exhibit that was made a part of the Reporter's Record, the sponsoring party that offered the exhibit will be responsible for providing to the court reporter the exhibit in an acceptable format where the Court of Appeals can then access it.
For objects where affixing a label is impossible, affix the label to a string tag and tie it on the object.
The jury shall not have access to firearm exhibits together with ammunition exhibits during jury deliberations.
A firearm together with ammunition shall never be given to a witness during testimony unless prior Court approval has been obtained and the witness is an expert witness with respect to firearms and/or ammunition.
For objects other than paper, labels shall be placed where they can easily be seen.
All firearms, as well as other dangerous objects, shall be physically incapacitated and in a condition where they cannot be used to inflict harm.
All firearms used as exhibits shall be unloaded with the cylinder or action open, no magazines inserted, and a locking, firearm safety cord installed.
When handling firearms, attorneys and witnesses shall not point them at any person or have any finger in the trigger well at any time.
Parties will not be permitted to remove admitted exhibits from the courtroom without approval from the Court.
Exhibits properly admitted by the Court shall be secured and stored by the court reporter.
Parties are responsible for the care, custody, and control of their own exhibits until that exhibit has been admitted by the Court.
All parties who intend to offer digital evidence shall ensure that the evidence can be published for the jury or the Court in the courtroom prior to trial.
Any exhibit(s) offered that do not meet the requirements of this standing order are subject to exclusion until the exhibit is properly labeled, marked, in the appropriate format, and made safe, if applicable.
Applications shall be on the form promulgated by the Local Selection Committee, which is available on the Region website at www.ixcourts.gov/lajr.aspx.
If a paper document must be notarized, sworn to, or made under oath, the filer may electronically file the paper document as a scanned image containing the necessary signature(s).
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.
If a paper document requires the signature of an opposing parly, the filer may electronically file the paper document as a scanned image containing the opposing party's signature.
Labels should generally go in the lower-right corner, but should go on the back if there is no blank space or placement would interfere with the exhibit's substance; label placement on oversized documents should be consistent.
Court's wording
Labels should be placed on the lower, right-hand corner of the exhibit unless the label would interfere or cover a portion of the exhibit that is material to the substance of the exhibit. With oversized documents, keep consistency in mind when choosing the location for the label. If there is no blank space available on an exhibit for placement of a label, or if a label would interfere with the substance of the exhibit, place the label on the back of the exhibit.
Further, only audio or video files offered as an exhibit should be included on the offered media device (disk, drive, etc.).
Proper care should be taken when offering or using exhibits which may contain a biohazard or a controlled or illegal substance.
Electronic files not intending to be offered, should not be included.
Every effort should be made to affix exhibit labels to the exhibit prior to offering them into evidence.
Small items may be placed in an envelope with an exhibit label affixed to the tront, lower right-hand corner of the envelope.
Document Filing Requirements25 rules
Each parent must produce the specified financial and child-insurance information within 30 days of appearing and before any temporary-orders hearing, whichever occurs first.
Court's wording
Within 30 days of a parent's appearance in a suit affecting parent child relationship, and before any hearing on temporary orders (whichever occurs first), each parent shall produce the following: 7.1 Information sufficient to accurately identify that parent's net resources and ability to pay child support; 7.2 Copies of income tax returns for the past two years, a financial statement, and current pay stubs; and 7.3 Regarding each child's health, dental and/or vision insurance: the name of the carrier, the policy number, a copy of the policy and schedule of benefits, insurance membership card and proof of the cost of the child's portion of the premiums.
Each party shall file with the District Clerk, a certificate of the date of the completion of such course within 60 days of the service of the Original Petition or the filing of a waiver by the Respondent.
Each party shall provide a copy of their inventory to the Court at a final hearing in a contested divorce case.
The required inventory must be signed under oath and describe and value the parties' property and list their debts and liabilities, including each creditor and amount.
Court's wording
an inventory, signed under oath by that party, setting forth a description and value of all property (real and personal, community and separate) owned or claimed by either or both of the parties and a list of all debts and liabilities (stating the creditor and amount) owed by either or both parties.
When a party serves an inventory on opposing counsel or a self-represented party, the party shall file a certificate of compliance with the District Clerk certifying the same.
The Petitioner must attach this Order to the original petition and every copy, and the Clerk must ensure it is attached at filing if the Petitioner has not done so.
Court's wording
10.1 The Petitioner shall attach a copy of this Order to the original petition and to each copy of the petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this Order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this Order is attached to the petition and every copy of the petition presented.
The email address of any person who electronically files a document must be included on the document.
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.
- Placement
- First page
Furthermore, if a document must contain unredacted sensitive data, the filing party must notify the clerk by marking it "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA."
The Motion shall have the cause number and style of each applicable case.
the attorneys must provide copies of the severed pleadings at the time of filing.
Whenever a motion to sever is granted, the severed claim shall be filed as a new case in the same Court and shall be assigned a new cause number by the District Clerk.
Immediately upon completion of the seminar the parties are required to submit the original certificate of completion with the district clerk's office as proof of attendance.
An attorney who desires to serve as court-appointed counsel in a death penalty case may apply for placement on the list by submiting a sworn application to:
In addition to the sworn application and other documentation, attorneys applying for first chair or lead trial counsel must identify a district court judge who has knowledge of the attorney's proficiency and commitment to providing quality representation to defendants in death penalty cases.
If the attorney is claiming any self-study credit, the attorney must submit documentation stating what type of self study was involved and how many hours were related to the defense of death penalty cases.
If for any reason an attorney wants to be removed from the list, the attorney shall notify the Presiding Judge of the Region in writing that the attorney no longer wishes to be available for appointment to death penalty cases.
CLE proof must include the annual certification form and State Bar MCLE Compliance Report, and detail each course's name and number, attendance dates, and hours related to death-penalty defense or appeals.
Court's wording
Such proof shall include the form entitled "Annual Attorney Certification of CLE Hours" available on the Region website at www.ixcourts.gov/lair aspx and a copy of the attorney's MCLE Compliance Report from the State Bar of Texas. The documentation also must detail the course name and number, the dates the attorney attended the course, and how many hours were related to the defense or appeal of death penalty cases.
Removing the children from the State of Texas, acting directly, or in concert with others, without the written agreement of both parties, filed with the Court, or an order of this Court.
Disrupting or withdrawing the children from the school or day-care facility where the children are presently enrolled, without the written agreement of both parents, filed with the Court, or an order of this Court.
Hiding or secreting the children from the other parent or changing the children's current place of abode, without the written agreement of both parents, filed with the Court, or an order of this Court.
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
If the Petitioner omits the order, the Clerk must ensure it is attached to the petition and every copy presented when the petition is filed.
Court's wording
At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.
For good cause shown, the Court may waive the requirement of the seminar This order does not apply to any party or parties to this suit who have heretofore successfully completed and received a certificate of completion for said seminar within two (2) years preceding the date of the current pending litigation.
Incomplete applications will not be considered
Filing & Service rules
Electronic Filing Rules
A clerk may implement criminal e-filing only 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.
Criminal cases
Page 1 | Rule 1.2 Electronic Filing Permitted
Where criminal e-filing has been implemented, filers may file documents electronically or on paper.
Where criminal case electronic filing has been implemented in a clerk's office, a filer may file and serve documents in a case through the electronic filing system or by paper.
Criminal cases
Page 1 | Rule 1.2 Electronic Filing Permitted
Electronic filings must be submitted through the Office of Court Administration's electronic filing manager and a service 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.
Criminal cases
Page 8 | Rule 2.1 Office of Court Administration established Electronic Filing Manager
Documents that may be filed on paper may generally be e-filed, except charging instruments, sealed or in-camera documents, and documents with otherwise restricted access.
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.
Criminal cases
Page 7 | Rule 1.3 Documents That May Be Electronically Filed
A clerk may implement criminal e-filing with written consent from a majority of the county's criminal-jurisdiction judges served by that clerk; once implemented, filers may use the e-filing system or paper.
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. 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.
Criminal cases
Page 7 | Rule 1.2 Electronic Filing Permitted
Filing Timing and Cure Windows
The course-completion certificate is due within 60 days of service of the Original Petition or the Respondent's filing of a waiver.
within 60 days of the service of the Original Petition or the filing of a waiver by the Respondent.
Civil cases
Page 6 | 9. PARENT EDUCATION AND FAMILY STABILIZATION COURSE
The certificate of compliance must be filed with the District Clerk when the inventory is served.
When a party serves an inventory on opposing counsel or a self-represented party, the party shall file a certificate of compliance with the District Clerk certifying the same.
Civil cases
Page 6 | 8. INVENTORY IN DIVORCE CASES
A party must contest the Order by presenting evidence at a hearing on or before 14 days after the original petition is filed to prevent it from continuing as a temporary injunction.
10.2 This Order is effective upon the filing of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen days after the date of the filing of the original petition. If no party contests this Order by presenting evidence at a hearing on or before fourteen days after the date of the filing of the original petition, this Order shall continue in full force and effect as a temporary injunction until further Order of this Court. This entire Order will terminate and will no longer be effective once the Court signs a final order or the case is dismissed.
Civil cases
Page 7 | 10. SERVICE AND APPLICATION OF THIS ORDER
Unless another authority sets a time-of-day deadline, an electronic filing is timely if filed before midnight in the court's time zone on the deadline date and is deemed filed when transmitted to the service provider, subject to the stated exceptions.
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:
Criminal cases
Page 8 | Rule 2.3 Timely Filing
For an action refiled within 180 days of dismissal and assigned to a different court, a transfer motion may be made within 30 days after an answer is filed.
If any action is dismissed by any party or the Court, and is refilled within one hundred eighty (180) days of the date of dismissal and assigned to a different Court, either party or the Court may move within thirty (30) days of the filing of an answer to transfer the case to the first Court and, upon hearing, the transfer shall be granted.
Civil cases
Page 2 | 1.06 Cases Subject to Transfer
The certificate of completion must be submitted to the district clerk immediately upon completion of the seminar.
Immediately upon completion of the seminar the parties are required to submit the original certificate of completion with the district clerk's office as proof of attendance.
Civil cases
Page 1 | FAMILY STABILIZATION COURSE REQUIREMENT—STANDING ORDER
The parties must complete the seminar within 60 days of the earlier specified filing or notice event, or before a temporary-orders hearing.
The parties are ordered to successfully complete said seminar within sixty (60) days of either (a) the filing of the petition or motion to modify or (b) the receipt of notice of the petition or motion, whichever comes first, or prior to any hearing on temporary orders.
Civil cases
Page 1 | FAMILY STABILIZATION COURSE REQUIREMENT—STANDING ORDER
An attorney must present proof of required continuing legal education by the second anniversary of placement on the list and each year thereafter.
In accordance with Article 26.052(d)(5), not later than the second anniversary of the date an attorney is placed on the list of attorneys qualified for appointment in death penalty cases and each year following the second anniversary, the attorney must present proof to the Local Selection Committee that the attorney has successfully completed the minimum continuing legal education requirements for the State Bar of Texas, including completing the required hours of legal education
Criminal cases
Page 5 | G. Attorney Obligation to Update Continuing Legal Education Documentation
An attorney must submit proof of annual certification compliance to the Presiding Judge on or before July 1 each year.
An attorney shall submit proof of compliance with the annual certification requirement to the Presiding Judge on or before July 1 of each year.
Criminal cases
Page 6 | G. Attorney Obligation to Update Continuing Legal Education Documentation
The order takes effect when the original petition is filed and remains a temporary restraining order for fourteen days after filing.
This order is effective upon the filing of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen days after the date of the filing of the original petition.
Civil cases
Page 3 | SERVICE AND APPLICATION OF THIS ORDER
If no party contests the order with evidence at a hearing by fourteen days after the original petition is filed, the order continues as a temporary injunction until further court order.
If no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of the filing of the original petition, this order shall continue in full force and effect as a temporary injunction until further order of this court.
Civil cases
Page 4 | SERVICE AND APPLICATION OF THIS ORDER
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;
Criminal cases
Page 8 | Rule 2.3 Timely Filing
A document requiring a motion and an order allowing its 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.
Criminal cases
Page 8 | Rule 2.3 Timely Filing
A filing party may seek appropriate relief from the court if technical failure or a system outage causes an untimely filing.
If a document is untimely filed due to a technical failure or a system outage, the filing party may seek appropriate relieffrom the court.
Criminal cases
Page 8 | Rule 2.3 Timely Filing
The clerk may not refuse a nonconforming document but may identify an error and set a deadline for resubmission in conforming format.
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.
Criminal cases
Page 9 | Rule 2.8 Non-Conforming Documents
The clerk's correction deadline should allow a reasonable time and generally should 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.
Criminal cases
Page 9 | Comment to Rule 2.8
A clerk's acceptance of a document on a weekend or legal holiday does not affect whether it was timely filed.
A clerk's acceptance of a document on a weekend or legal holiday does not impact whether a document is timely filed under this rule.
Criminal cases
Page 9 | Comment to Rule 2.3
Notice from the clerk of an error does not determine whether the filing violates the rules or extend the time to file.
When a clerk notifies a flier of an error, it is inconsequential to a judicial determination regarding whether the document submitted actually violates these rules, and it does not constitute an extension of time to file the document.
Criminal cases
Page 9 | Comment to Rule 2.8
The clerk may not refuse a document for containing sensitive data in violation of the rules, but may identify the error and set a deadline to resubmit a redacted substitute.
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.
Criminal cases
Page 11 | Rule 5.5 Non-Conforming Documents
A clerk-set correction deadline should allow only a reasonable time and generally should not exceed 72 hours.
The deadline for correction established by the elerk 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.
Criminal cases
Page 11 | Comment to Rule 5.5
A clerk's identification of information to a filer does not extend the time to file the document.
When a clerk identifies such information to a filer, it does not constitute an extension of time to file the document.
Criminal cases
Page 11 | Comment to Rule 5.5
The annual CLE reporting period runs from July 1 through June 30.
The CLE reporting period shall run from July 1 through June 30 of each year.
Criminal cases
Page 6 | G. Attorney Obligation to Update Continuing Legal Education Documentation
The entire order terminates when the court signs a final order or the case is dismissed.
This entire order will terminate and will no longer be effective once the court signs a final order or the case is dismissed.
Civil cases
Page 4 | SERVICE AND APPLICATION OF THIS ORDER
Service and Proof of Service Rules
In contested divorce cases, each party must serve the opposing counsel and any self-represented parties with a sworn inventory by the stated appearance-based deadline and at least 30 days before the final trial setting.
In contested divorce cases, each party shall serve on opposing counsel and self-represented parties not later than 60 days from Respondent's appearance but in no event less than 30 days prior to a final trial setting, an inventory, signed under oath by that party, setting forth a description and value of all property (real and personal, community and separate) owned or claimed by either or both of the parties and a list of all debts and liabilities (stating the creditor and amount) owed by either or both parties.
Civil cases
Page 6 | 8. INVENTORY IN DIVORCE CASES
Where criminal e-filing has been implemented, filers may serve documents through the electronic filing system 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 through the electronic filing system or by paper.
Criminal cases
Page 1 | Rule 1.2 Electronic Filing Permitted
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.
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.
Criminal cases
Page 10 | Rule 3.2 Electronic Service Complete
The serving party or attorney must certify compliance in writing above the signature, and service may be challenged with proof of nonreceipt, after which the court may extend time or grant other relief.
The party or attorney of record shall certify to the court compliance with this rule in writing above the signature on the filed instrument. A certificate by a party or an attorney of record, or the return of the officer, or the affidavit of any other person showing service of a notice shall be prima facie evidence of the fact of service. 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.
Criminal cases
Page 10 | Rule 3.3 Proof of Service
Electronically filed documents 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.
Criminal cases
Page 10 | Documents Filed Electronically
Hearing notice must be given to all parties in all actions under Texas Rules of Civil Procedure 21 and 21a.
Notice of the hearing shall be given to all parties in all actions pursuant to Texas Rules of Civil Procedure 21 and 21a.
Civil cases
Page 2 | 1.06 Cases Subject to Transfer
Within five days of notice of the appointment, counsel must provide the guardian or attorney ad litem copies of their filed pleadings, orders, and reports.
When the court appoints a guardian or attorney ad litem, all counsel shall provide such appointee with copies of their pleadings, orders, and reports filed with the Court, within five days (5) of notice of the appointment.
Civil cases
Page 3 | 1.10 Ad Litem Entitled to All Pleadings
Where criminal e-filing has been implemented, filers may serve documents either through the electronic filing system or by paper.
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. 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.
Criminal cases
Page 7 | Rule 1.2 Electronic Filing Permitted
Every notice required by these rules, and every pleading, plea, motion, or other form of request required to be served, except as otherwise expressly provided in these rules, may be served by delivering a copy to the party to be served, or the party's duly authorized agent or attorney of record.
Every notice required by these rules, and every pleading, plea, motion, or other form of request required to be served, except as otherwise expressly provided in these rules, may be served by delivering a copy to the party to be served, or the party's duly authorized agent or attorney of record.
Criminal cases
Page 9 | Rule 3.1 Electronic Service of Documents Permissible
Filing Fees and Waivers
A filing fee is required for a severed claim filed as a new case.
A filing fee is required as in all new cases
Civil cases
Page 3 | 1.08 Severed Cases
Courtesy Copy Requirements
A filer need not provide paper copies when filing electronically but should provide them upon a court's 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.
Criminal cases
Page 9 | Rule 2.6 Paper Copies
Sealing & Redaction Procedures
Public access to pleadings, orders, and documents in DFPS suits under the specified Texas Family Code chapters is restricted, with access limited to specified persons unless the Court orders otherwise.
IT IS THEREFORE ORDERED that public access to pleadings, orders, and documents filed in a suit brought by DFPS pursuant to Chapters 261, 262, and 264 of the Texas Family Code are to be restricted and shall be maintained by the District Clerk of Fawnin County as such. The Clerk of the Court shall not allow public access to these pleadings, orders, and documents other than to DFPS, the parties, their attorneys, the attorney ad litem and the guardian ad litem unless specifically permitted and ordered by this Court.
Civil cases
Page 1 | Standing Order Regarding Public Access to DFPS Court Records
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
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
Criminal cases
Page 10 | Rule 5.2 Filing of Documents Containing Seusitive Data Prohibited
The filing party must retain an unredacted version during the case and any related appellate proceedings filed within three years 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 three years of the date the judgment is signed.
Criminal cases
Page 11 | Rule 5.3 Redaction of Sensitive Data; Retention Requirement
Sensitive data must be redacted using an X for each omitted character or by removing it in a way that indicates redaction.
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.
Criminal cases
Page 11 | Rule 5.3 Redaction of Sensitive Data; Retention Requirement
Documents containing sensitive data in violation of the rules must not be posted on the internet.
Documents that contain sensitive data in violation of these rules must not be posted on the internet.
Criminal cases
Page 11 | Rule 5.6 Restriction on Remote Access
Attorneys and parties must redact sensitive data and may not file documents containing unredacted sensitive data.
Texas Rule of Civil Procedure 21c defines "Sensitive Data" and prohibits attorneys and parties from filing documents containing unredacted sensitive data. TRCP 21c requires sensitive data to be redacted.
Civil cases
Page 1 | STANDING ORDER REGARDING RESTRICTION OF ONLINE PUBLICATION OF SENSITIVE DATA
In qualifying Texas Family Code suits, the District Clerk must seal birth certificates and alternate or other proof of the child’s parents’ identity.
IT IS ORDERED THAT, in any suit filed pursuant to the Texas Family Code and in which compliance with Texas Family Code Section 102.008(c-1) is required, the Fannin County District Clerk shall seal all birth certificates or alternate/other proof of the identity of the child's parents.
Civil cases
Page 1 | STANDING ORDER REGARDING SEALING OF BIRTH CERTIFICATES IN COMPLIANCE WITH TEXAS FAMILY CODE SECTION 102.008(c-1)
The clerk may restrict the listed records and documents marked as containing sensitive data from online posting, but they are not sealed unless a party obtains a court order sealing them.
Notwithstanding the foregoing, the Courts recognize the risk that the following documents may contain sensitive data protected under Rule 21c or other laws: • Custody evaluations • Psychological evaluations • Drug test results • Full Department of Family and Protective Services Case Records • Mental health records; and • Medical records. The District Clerk may, without further order of the Court, restrict the above-listed documents from being posted on the internet. However, these documents are not sealed unless a party obtains a court order sealing the document. Furthermore, if a document must contain unredacted sensitive data, the filing party must notify the clerk by marking it "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA." The District Clerk may, without further order of the court, restrict any document so marked from being posted on the internet. However, these documents are not sealed unless a party obtains a court order sealing the document.
Civil cases
Page 1 | STANDING ORDER REGARDING RESTRICTION OF ONLINE PUBLICATION OF SENSITIVE DATA
If a filed document violates the sensitive-data redaction rule, the clerk may require or allow the party to resubmit a redacted substitute document, which may be posted online.
If a filed document contains unredacted sensitive data in violation of the Rule, the clerk may require or allow the party to resubmit a redacted, substitute document pursuant to Rule 21c(e), which may be posted on the internet.
Civil cases
Page 1 | STANDING ORDER REGARDING RESTRICTION OF ONLINE PUBLICATION OF SENSITIVE DATA
Chambers Communication Rules
Present an ex parte order application first to the Court where the case is pending; another Court may receive it only if the pending Court is unavailable to promptly review it, as determined by that Court or its Coordinator.
All applications for ex parte orders shall first be presented for determination to the Court in which the case is pending, and only if the Court is unavailable to promptly review same may it be presented to another Court. The Court or the Court's Coordinator in which the matter is pending shall make the determination of unavailability.
Civil cases
Page 3 | 1.09 Presenting Ex Parte Orders
An attorney must obtain prior Court approval before using a firearm in a witness demonstration about its function or its use or position during an alleged offense.
If an attorney intends to use a firearm in a demonstration by a witness in regard to how the firearm functions, or was used or held during the commission of an alleged offense, prior approval from the Court shall be obtained by the attorney.
Page 3 | FIREARMS/WEAPONS
Parties should alert the Court before using or offering exhibits that may contain a biohazard or a controlled or illegal substance.
Parties should alert the Court to these types of exhibits prior to using or offering them.
Page 3 | IV. OTHER PHYSICAL EXHIBITS
For large or bulky objects, please arrange with the Court prior to trial.
For large or bulky objects, please arrange with the Court prior to trial.
Page 3 | IV. OTHER PHYSICAL EXHIBITS