Galveston County District Courts Electronic Filing Rules

A county court may require electronic filing and service in a particular case upon a party's motion and a showing of good cause.

(b) Upon the motion of a party and for good cause shown, a county 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 12.3.3.

A filer must follow Texas.gov registration procedures before becoming registered to file electronically.

To become registered to electronically file documents, filers must follow registration procedures outlined by Texas.gov. The procedure can be accessed from Texas.gov's website at www.Texas.gov

A filer must transmit documents through an EFSP to Texas.gov, which transmits them to the county clerk, and must maintain valid EFSP and Texas.gov accounts.

Filers do not electronically file documents directly with the county clerk. Rather, filers indirectly file a document with the county clerk by electronically transmitting the document to an electronic filing service provider (EFSP) which then electronically transmits the document to Texas.gov which then electronically transmits the document to the county clerk. A filer filing or serving a document must have a valid account with an EFSP and with Texas.gov

Each electronic filer must use the confidential electronic identifier issued through registration, and such use constitutes a digital signature.

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. 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 Texas.gov, which must acknowledge receipt with the document's receipt date and time.

Upon receipt of a filer's document, the filer's EFSP must send the document to Texas.gov 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. Texas.gov will electronically transmit to the filer an "acknowledgment" that the document has been received by Texas.gov. The acknowledgment will note the date and time that the electronically-transmitted document was received by Texas.gov.

Electronic filing is permitted for court documents generally, except returns of service on issuances, bonds, and signed orders or judgments.

A. The clerk is authorized to accept for filing via electronic transmission any document which might be filed in a court action except: (a) returns of service on issuances; (b) bonds; (c) signed orders or judgments.

Citations and writs bearing the court's official seal are prohibited from electronic transmission.

M. No citation or writ bearing the official seal of the court may be transmitted electronically.

Applies to

Discovery

The listed discovery materials may not be filed with the District Clerk absent a special judicial order, except when filed with the original petition.

Discovery Not Filed: The listed discovery shall not be filed with the District Clerk except on special order of the Judge of the Court, unless filed with the original petition.

Applies to

Discovery

Party-only discovery requests, deposition notices and subpoenas; discovery responses and objections; and produced documents and tangible things generally may not be filed absent a special court order, except when filed with the original petition.

A. Discovery materials not to be filed. The following discovery materials must not be filed with the District Clerk except on special order of the court, unless filed with the original petition: 1. discovery requests, deposition notices, and subpoenas required to be served only on parties; 2. responses and objections to discovery requests and deposition notices, regardless on whom the requests or notices were served; 3. documents and tangible things produced in discovery;

Applies to

Discovery

Rule 193.3(b) or (d) statements and written-discovery certificates may not be filed absent a special court order, except when filed with the original petition.

4. statements prepared in compliance with Texas Rule of Civil Procedure 193.3 (b) or (d); and 5. certificates of written discovery.

The local rules govern electronic filing and service of court documents in Galveston County by methods other than fax filing.

These rules govern the electronic filing and service of court documents, by any method other than fax filing, in Galveston County.

Electronic filing and service of court documents are optional unless a court order requires them.

Except as provided by subsection (b) below, the electronic filing and serving of court documents is wholly optional.

Applies to

Court documents permitted to be electronically filed under Rule 3.3

A district court may require parties in a particular case to electronically file and serve documents if a party moves and good cause is shown.

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.

Applies to

Documents that can be filed in a traditional manner with the district clerk

Documents that may traditionally be filed with the district clerk generally may be filed electronically, except for the listed court-issued, subpoena, in camera discovery-discoverability, sealed, legally restricted, and Chapter 33 Family Code documents.

(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: i) citations or writs bearing the seal of the court; ii) returns of citation; iii) bonds; iv) subpoenas; v) proof of service of subpoenas; vi) documents to be presented to a court in camera, solely for the purpose of obtaining a ruling on the discoverability of such documents; vii) documents sealed pursuant to TEX. R. CIV. P. 76a, and; viii) documents to which access is otherwise restricted by law or court order, including a document filed in a proceeding under Chapter 33, Family Code.

Filers must complete the Texas.gov registration procedures to register for electronic filing.

To become registered to electronically file documents, filers must follow registration procedures outlined by Texas.gov.

Electronic filings and services must be transmitted through the filer’s EFSP to Texas.gov and then to the clerk, and the filer must maintain valid EFSP and Texas.gov accounts.

Filers do not electronically file documents directly with the Clerk. Rather, filers indirectly file a document with the Clerk by electronically transmitting the document to an electronic filing service provider (EFSP) which then electronically transmits the document to Texas.gov which then electronically transmits the document to the Clerk. A filer filing or serving a document must have a valid account with an EFSP and with Texas.gov

Applies to

All electronically filed documents

Texas.gov must transmit the document to the clerk and warn the EFSP if the document is improperly formatted.

Upon receiving a document from a filer's EFSP, Texas.gov shall electronically transmit the document to the Clerk. If the document was not properly formatted, Texas.gov will transmit a warning to the filer's EFSP.

Applies to

Electronically tendered document

Electronically tendered documents will not be filed if fees are unpaid, charge information is incomplete, or the documents do not comply with applicable rules.

Documents tendered to the clerk electronically without payment of court costs and fees, or with incomplete information on the charge authorization or request, or which do not conform to applicable rules, will not be filed.

Applies to

Citation or writ bearing official seal

A citation or writ bearing the court's official seal may not be transmitted electronically.

No citation or writ bearing the official seal of the court may be transmitted electronically.

Applies to

Verified notarized acknowledged or sworn document

A document requiring verification, notarization, acknowledgment, sworn status, or an oath may be filed electronically only as a scanned image.

(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.

The court may require a filer who submitted a scanned image to refile the document traditionally with the 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 Clerk.

Facsimile transmission of judicial assignments may be accepted if the original copies are retained by the Office of the Chief Justice or Administrative Judicial Region.

As of July 19, 1990, by order of the Supreme Court of Texas, facsimile transmission of judicial assignments may be accepted with original copies being retained by the Office of the Chief Justice or Administrative Judicial Region.

Applies to

Discovery

Normally non-filed discovery materials may be filed by court order, in support of or opposition to a motion or for another court-proceeding use, or as necessary for an appellate proceeding.

C. Exceptions. Notwithstanding paragraph (A)- , 1. the court may order discovery materials to be filed; 2. a person may file discovery materials in support of or in opposition to a motion or for other use in a court proceeding; and 3. a person may file discovery materials necessary for a proceeding in an appellate court.

These rules govern filings with the District Clerk and do not govern filings made directly with a judge under Texas Rule of Civil Procedure 74.

These rules apply only to the filing of documents with the District Clerk. These rules do not apply to the filing of documents directly with a judge as contemplated by TEX. R. CIV. P. 74.

Applies to

Motion to seal

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.

Applies to

Electronically transmitted document

The clerk must verify that each electronically transmitted document is complete upon receipt.

The clerk, upon receipt of an electronically transmitted document, shall verify the completeness of the transmission.

Electronic filing and service of court documents are optional unless the court orders otherwise under subsection (b).

(a) Except as provided by subsection (b) below, the electronic filing and serving of court documents is wholly optional.

The electronic-filing rules apply to document filings in all non-juvenile civil cases, including lower-court appeals, before Galveston County courts with jurisdiction.

(a) These rules apply to the filing of documents in all non-juvenile civil cases, including cases that are appeals from lower courts, before the various county courts with jurisdiction in Galveston County.

The electronic-filing rules continue to apply when a covered case is assigned to an associate judge or similar judicial authority.

(b) These rules apply to the filing of documents in cases before the various county courts referred to in paragraph (a) above that are subsequently assigned to associate judges or any other similar judicial authorities.

The electronic-filing rules govern filings with the county clerk and do not govern documents filed directly with a judge under Texas Rule of Civil Procedure 74.

These rules apply only to the filing of documents with the county clerk. These rules do not apply to the filing of documents directly with a judge as contemplated by TEX. R. CIV. P. 74.

Documents that may traditionally be filed with the county clerk generally may be filed electronically, subject to eight enumerated document-category exceptions.

(a) A document that can be filed in a traditional manner with the county clerk may be electronically filed with the exception of the following documents:

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.

Applies to

Affidavit or other qualifying paper

An attached affidavit or other qualifying paper may be scanned and filed electronically with the underlying document.

Any affidavit or other paper described in Rule 12.3.4(a) or (b) that is to be attached to an electronically-filed document may be scanned and electronically filed along with the underlying document.

Applies to

Electronically filed document

A digital signature on an electronically filed document satisfies applicable signature requirements under the Texas Rules of Civil Procedure or other law.

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.

A case file may contain both electronically filed and traditionally filed documents.

The Clerk's file for a particular case may contain a combination of electronically-filed documents and traditionally-filed documents.

The electronic-filing rules apply to documents filed in all non-juvenile civil cases, including lower-court appeals, before district courts with jurisdiction in Galveston County.

(a) These rules apply to the filing of documents in all non-juvenile civil cases, including cases that are appeals from lower courts, before the various district courts with jurisdiction in Galveston County.

The electronic-filing rules continue to apply when a covered civil case is assigned to an associate judge or similar judicial authority.

(b) These rules apply to the filing of documents in cases before the various district courts referred to in paragraph (a) above that are subsequently assigned to associate judges or any other similar judicial authorities.

Applies to

Court document

The clerk may accept most court-action documents by electronic transmission, but not returns of service on issuances, bonds, or signed orders or judgments.

The clerk is authorized to accept for filing via electronic transmission any document which might be filed in a court action except: (a) returns of service on issuances; (b) bonds; (c) signed orders or judgments.