Gregg County Court at Law Filing Timing and Cure Windows

CRITICAL

A document is deemed delivered to the clerk and filed when sent to the filer's EFSP, subject to the Sunday-filing exception in 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.

CRITICAL

For an accepted document, the filing date and time are the date and time the filer transmitted it to the EFSP, except as provided in subsection (h).

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.

CRITICAL

The Clerk must issue the Litigation Control Order as soon as practicable after any Defendant files the first answer.

The Litigation Control Order described in Rule: 2 will be issued by the Clerk of the Court, as soon as practicable after the first answer is filed by any Defendant in the case.

CRITICAL

Except in injunction, attachment, garnishment, sequestration, or distress proceedings, a document commencing a civil suit transmitted on Sunday is deemed filed the succeeding 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, TexFile, or the Clerk on Sunday. Such documents will be deemed to have been filed on the succeeding Monday.

CRITICAL

The clerk must decide whether to accept a document by the first business day after receiving it from TexFile, must accept compliant, properly directed documents, and the document is deemed accepted and filed if the clerk does not act within that period.

Not later than the first business day after receiving a document from TexFile, 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. The district clerk shall handle electronically- transmitted documents that are filed in connection with an affidavit of inability to afford court costs in the manner required by TEX. R. CIV. P. 145. If the clerk fails to accept or reject a document within the time period, the document is deemed to have been accepted and filed.

WARNING

On the day it accepts a document, the clerk must notify TexFile, which must send a confirmation through the EFSP to the filer with a file-marked copy of the document's front page showing the filing date and time.

The district clerk shall inform TexFile of its action the same day action is taken. TexFtle 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. This confirmation will include an electronically "file-marked" copy of the front page of the document showing the date and time the district clerk considers the document to have been filed.

WARNING

A filer's transmission report to the EFSP is prima facie evidence of the 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.

WARNING

On the day it rejects a document, the clerk must notify TexFile and state the reason; TexFile must send an alert with the reason through the EFSP to the filer that same day.

If the document is not accepted for filing, the district clerk shall inform TexFile of its action, and the reason for such action, the same day action is taken. TexFtle 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.

CRITICAL

The schedule's day-based deadlines are measured from the trial date.

*All days are days from trial.

CRITICAL

Electronic filing does not change any filing deadline.

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

CRITICAL

Amended pleadings are due by the 20-day schedule deadline.

7. (20 days) Amended Pleadings.

CRITICAL

1. *(210 days) Joinder of additional parties. * All days are days from the trial date.

1. *(210 days) Joinder of additional parties. * All days are days from the trial date.

CRITICAL

Responses to amended pleadings are due by the 10-day schedule deadline.

8. (10 days) Responses to Amended Pleadings.

CRITICAL

The schedule sets a 330-day deadline for joinder of additional parties.

1. *(330 days) Joinder of additional parties.

CRITICAL

The discovery deadline is set at the 30-day point measured from the trial date.

6. (30 days) Discovery deadline. * All days are days from the trial date.

CRITICAL

Deadline

3 business days

Unless another rule or a Litigation Control Order provides otherwise, pre-trial motions must be filed with the Clerk no later than 3 business days before the Pre-Trial Conference; later filing requires leave of Court.

Unless otherwise set forth in these rules or in a Litigation Control Order, all pre-trial motions, including, but not limited to, Motions In Limine, must be filed with the Clerk of the Court no later than 3 business days prior to the Pre-Trial Conference. A party must obtain leave of Court to file any pre-trial motions later than 3 business days prior to the Pre-Trial Conference.

CRITICAL

The plaintiff must designate expert witnesses and comply with Rule 194.2(f) by the 120-day schedule deadline.

2. (120 days) Plaintiff shall designate expert witnesses and comply with Rule 194.2 (f) of the Texas Rules of Civil Procedure.

CRITICAL

The plaintiff must designate expert witnesses and comply with Texas Rule of Civil Procedure 194.2(f) by the 120-day point measured from the trial date.

2. (120 days) Plaintiff shall designate expert witnesses and comply with Rule 194.2 (f) of the Texas Rules of Civil Procedure. * All days are days from the trial date.

CRITICAL

A document transmitted to the EFSP by its filing deadline must be filed and deemed timely 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.

CRITICAL

Responses due 15 days after service on opposing party.

Responses due 15 days after service on opposing party.

CRITICAL

Dispositive motions and motions challenging an expert witness must be filed by the 60-day schedule deadline.

4. (60 days) Deadline to file dispositive motions and/or to file any motion challenging an expert witness.

CRITICAL

Responses due not later than 7 days prior to the date of the hearing.

Responses due not later than 7 days prior to the date of the hearing.

CRITICAL

Responses to amended pleadings are due by the 10-day point measured from the trial date.

8. (10 daysL Responses to Amended Pleadings. * All days are days from the trial date.

CRITICAL

The deadline for amended pleadings is set at the 20-day point measured from the trial date.

7. (20 days) Amended Pleadings. * All days are days from the trial date.

CRITICAL

Three days are added to a prescribed period for acting after service when the document was 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.

CRITICAL

The defendant must designate expert witnesses and comply with Texas Rule of Civil Procedure 194.2(f) by the 90-day point measured from the trial date.

3. (90 days) Defendant shall designate expert witnesses and comply with Rule 194.2 (f) of the Texas Rules of Civil Procedure. * All days are days from the trial date.

CRITICAL

The defendant must designate expert witnesses and comply with Rule 194.2(f) by the 90-day schedule deadline.

3. (90 days) Defendant shall designate expert witnesses and comply with Rule 194.2 (f) of the Texas Rules of Civil Procedure.

CRITICAL

The schedule sets a 30-day deadline for discovery.

6. (30 days) Discovery deadline.

WARNING

Mediation is encouraged, with a 45-day deadline measured from the trial date, but the order does not require mediation.

5. (45 daxs) Mediation deadline. While mediation is encouraged, this is not an order to mediate. * All days are days from the trial date.

WARNING

The schedule sets a mediation deadline at the 45-day point, but mediation is encouraged rather than ordered.

5. (45 days) Mediation deadline. While mediation is encouraged, this is not an order to mediate.

CRITICAL

Dispositive motions and motions challenging an expert witness must be filed by the 60-day point measured from the trial date.

4. (60 daxs) Deadline to file dispositive motions and/or to file any motion challenging an expert witness. * All days are days from the trial date.