Galveston County District Courts Filing Timing and Cure Windows

The court recorder must file the reporter's record with the court of appeal within fifteen days after the appeal is perfected, without changing other deadlines in the Texas Rules of Appellate Procedure.

The court recorder shall file the reporter's record with the court of appeal within fifteen days after the perfection of an appeal. No other filing deadlines as set in the Texas Rules of Appellate Procedure are changed.

After a proceeding ends, the court recorder must file the original log and exhibits with the clerk and deliver a certified copy of the recording to the court within ten days.

c. Filing with the clerk the original log and exhibits after a proceeding ends, and within ten days, delivering to the court a certified copy of the recording of the proceeding that is appropriately labeled as required herein, to be stored at the court;

The court recorder must file the reporter's record with the court of appeal within fifteen days after the appeal is perfected.

The court recorder shall file the reporter's record with the court of appeal within fifteen days after the perfection of an appeal.

An attorney may submit an appellate fee voucher or claim after filing the brief, but no later than ten days after the appellate court issues its mandate.

Attorneys may submit a vouchers or claims for payment of attorney's fees and expenses after the brief has been filed in the court of appeals, but, shall in no event submit a claim form later than ten (10) days after the appellate court issues the mandate.

In courts deciding motions by submission, a motion must state a submission date at least 10 days after filing unless the court grants leave, and the court may rule on that date or later.

B. Submission. Acceptance of motions by submission are at the discretion of each Court. In those Courts which decide motions by submission, motions shall state a date of submission, which shall be at least 10 days from filing, except on leave of Court. The motion will be submitted to the Court for ruling on that date or later.

Deadline

2 working days

A written response must be filed at least two working days before the hearing or submission date unless the court grants leave, and failure to respond may be treated as representing no opposition.

C. Response. Responses shall be in writing, and shall be filed at least two working days before the date of hearing or submission except on leave of the Court. Failure to file a response may be considered a representation of no opposition.

Electronic filing does not change any applicable filing deadline.

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

Temporary orders must be filed with the court clerk within 21 days after the hearing, or the case may be dismissed.

D. All temporary orders shall be filed with the Clerk of the Court within twenty one (21) days of the hearing or the case shall be subject to dismissal.

All pre-trial motions, including motions in limine, must be filed by any set deadline unless the Court grants an extension for good cause shown.

All pre-trial motions, including motions in limine, must be filed by the set deadline, if any, unless an extension of time is granted by the Court for good cause shown.

An electronically transmitted document is deemed delivered and filed when sent to the filer's EFSP, subject to Rule 4.3(h).

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.

A document transmitted to the EFSP by its filing deadline remains timely if received by the clerk no more than ten days later, with the filer's transmission report providing prima facie evidence of the transmission date and time.

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

By the first business day after receiving a document from Texas.gov, the clerk must decide whether to accept it for filing and must accept it if it is not misdirected.

Not later than the first business day after receiving a document from Texas.gov, the Clerk shall decide whether the document will be accepted for filing. The Clerk shall accept the document for filing provided that the document is not misdirected

A document is deemed accepted and filed if the clerk fails to act within the applicable 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.

The clerk records the filing date and time as the transmission time to the filer's EFSP, subject to subsection (h).

If the document is accepted for filing, the 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 electronically on Sunday are deemed filed the following Monday, except in the listed special proceedings.

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, Texas.gov, or the Clerk on Sunday. Such documents will be deemed to have been filed on the succeeding Monday.

An accepted electronically transmitted document becomes the original record for filing or evidentiary purposes when bearing the clerk's official date-and-time file stamp.

E. An electronically transmitted document accepted for filing will be recognized as the original record for file or for evidentiary purposes when it bears the clerk's official date and time file stamp.

After confirming a complete transmission and the related payment authorization, the clerk must treat the document as accepted for filing and affix the official date-and-time file stamp.

J. The clerk, when satisfied that the transmission is complete, shall confirm the charge authorization or escrow account debit and note the authorization code on the cost receipt. Thereafter, the documents tendered electronically shall be deemed accepted for filing and the clerk shall affix the clerk's official date and time file stamp to the document.

If a transmission is incomplete or required fees remain unpaid, the clerk must promptly notify the sender that it was not filed and state the reason.

K. If the transmission is found to be incomplete or court costs or fees, if required, are not paid, the clerk will notify the sender as soon as practicable that the transmission has not been filed and the reason.

Electronic transmission alone is not filing; filing is complete only when the clerk affixes the official date-and-time stamp.

N. Electronic transmission of a document does not constitute filing. Filing is complete when the clerk's official date and time stamp is affixed to the document.

The last page's receipt timestamp controls the receipt time, not the filing time: accepted weekday transmissions before 5:00 p.m. are filed that day, while later, weekend, or holiday transmissions are filed before 10:00 a.m. on the next business day.

O. Each page of any document received by the clerk will be automatically imprinted with the date and time of receipt. The date and time imprinted on the last page of a document will determine the time of receipt but not time of filing. Transmissions completed during a normal business day before 5:00 p.m. and accepted for filing will be filed the day of receipt. Transmissions completed after 5:00 p.m., on weekends or holidays will be verified and filed before 10:00 a.m. on the first business day following receipt of transmission. The sender is responsible for determining if there are any charges in normal business hours.

Deadline

2 working days

A written response must be filed at least two working days before the submission date unless the court grants leave.

Responses shall be in writing, and shall be filed at least two working days before the date of submission except on leave of the Court.

Temporary orders must be filed with the court within 21 days of rendition unless the court directs otherwise; otherwise, the case may be dismissed.

All temporary orders shall be filed with the Clerk of the Court within twenty one (21) days from the rendition unless otherwise directed by the Court or the case shall be subject to dismissal.

An electronically transmitted document is deemed delivered and filed when sent to the filer’s EFSP, subject to Rule 12.4.3(h).

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 12.4.3(h), the document is deemed to be filed.

The Clerk must report a filing rejection and its reason to Texas.gov the same day, which must then send the rejection alert to the filer that same day.

If the document is not accepted for filing, the Clerk shall inform Texas.gov of its action, and the reason for such action, the same day action is taken. Texas.gov 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.

An electronically transmitted document becomes the original filing or evidentiary record when it bears the clerk's official date and time file stamp.

An electronically transmitted document accepted for filing will be recognized as the original record for file or for evidentiary purposes when it bears the clerk's official date and time file stamp.

Once the transmission is complete and payment is confirmed, the documents are deemed accepted for filing and receive the clerk's official date and time stamp.

The clerk, when satisfied that the transmission is complete, shall confirm the charge authorization or escrow account debit and note the authorization code on the cost receipt. Thereafter, the documents tendered electronically shall be deemed accepted for filing and the clerk shall affix the clerk's official date and time file stamp to the document.

If a transmission is incomplete or required fees are unpaid, the clerk will notify the sender as soon as practicable that it was not filed and state the reason.

If the transmission is found to be incomplete or court costs or fees, if required, are not paid, the clerk will notify the sender as soon as practicable that the transmission has not been filed and the reason.

Electronic transmission alone is not filing; filing is complete only when the clerk affixes the official date and time stamp.

Electronic transmission of a document does not constitute filing. Filing is complete when the clerk's official date and time stamp is affixed to the document.

A transmission completed on a normal business day before 5:00 p.m. and accepted for filing will be filed that day.

Transmissions completed during a normal business day before 5:00 p.m. and accepted for filing will be filed the day of receipt.

Transmissions completed after 5:00 p.m., on weekends, or on holidays will be verified and filed before 10:00 a.m. on the first business day after receipt.

Transmissions completed after 5:00 p.m., on weekends or holidays will be verified and filed before 10:00 a.m. on the first business day following receipt of transmission.

Requesting oral argument does not satisfy the requirement to file a written response.

A request for an oral argument is not a response under Local Rule 3.17 (c).

Deadline

5 working days

The party responsible for drafting the temporary order must provide the draft to all opposing counsel and pro se parties at least five working days before the entry date.

The party directed to draft the order based on the Associate Judge's ruling shall provide a draft of the order to all opposing counsel and pro se parties at least five (5) working days before the entry date.

When a timely request for a de novo hearing is filed, no entry date may be set and no order may be submitted until the request is resolved.

E. If a timely request for de novo hearing of the Associate Judge's ruling is filed, there shall be no entry date and no order shall be submitted to the court until after the request for de novo hearing is disposed of.

Electronic transmission through an EFSP to Texas.gov is available year-round, 24 hours a day, except during brief state-approved maintenance periods.

A filer may electronically transmit a document through an EFSP to Texas.gov 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.

The clerk must notify Texas.gov of an acceptance decision on the same day the decision is made.

The Clerk shall inform Texas.gov of its action the same day action is taken.

Texas.gov must electronically transmit an acceptance confirmation to the filer's EFSP on the same day.

Texas.gov 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 clerk must notify Texas.gov of a rejection and its reason on the same day the decision is made.

If the document is not accepted for filing, the Clerk shall inform Texas.gov of its action, and the reason for such action, the same day action is taken.

Texas.gov must transmit a rejection alert and reason to the filer's EFSP on the same day.

Texas.gov 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.

Upon receiving an electronic transmission, the clerk must verify that the transmission is complete.

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

After electronically filing a document, the clerk must send the sender an electronic filing acknowledgment and any cost receipt.

L. After filing an electronically transmitted document the clerk will electronically transmit to the sender an acknowledgment of the filing, together with cost receipt, if any.

A motion must be accompanied by a blank notice of submission, and the submission date is generally not sooner than 10 days from the setting date unless the court grants leave.

Motions shall be accompanied by a blank notice of submission. The Court will complete the notice and fax it back to the requesting party stating a date of submission not sooner than 10 days from the setting date, except on leave of the Court. The party filing the motion is responsible for notifying all parties of the submission date. Motions will not be considered without proof of notice of the submission date. The motion will be submitted to the Court for ruling on that date or later.

The party responsible for drafting a temporary order must provide the draft to opposing counsel and pro se parties at least five days before the entry date.

The party directed to draft the order based on the Associate Judge's ruling shall provide a draft of the order to all opposing counsel and pro se parties at least five (5) days before the entry date.

A timely electronic submission to the filer’s EFSP remains timely and must be filed by the clerk even if the clerk receives it no more than ten days late.

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 Clerk must notify Texas.gov of an acceptance decision the same day, and Texas.gov must send the filer an acceptance confirmation that same day.

The Clerk shall inform Texas.gov of its action the same day action is taken. Texas.gov 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 clerk's date and time imprint on the last page determines receipt time, not filing time.

The date and time imprinted on the last page of a document will determine the time of receipt but not time of filing.

The acceptance confirmation includes an electronically file-marked first page showing the clerk's filing date and time.

This confirmation will include an electronically "file-marked" copy of the front page of the document showing the date and time the Clerk considers the document to have been filed.

The filer’s transmission report to the EFSP is prima facie evidence of the document’s transmission date and time.

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