Lubbock County District Courts Filing Timing and Cure Windows

Electronic delivery to the filer's EFSP is deemed delivery to the clerk and filing, subject to Rule 4.3(h).

(b) Upon sending an electronically-transmitted document to a filer's EFSP, the filer is deemed to have delivered the document to the district clerk or county clerk and, subject to Rule 4.3(h), the document is deemed to be filed.

Deadline

10 court days

A document transmitted to the EFSP by its filing deadline is timely and must be filed 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 district clerk or county clerk not ===== PAGE 8 ===== more than ten days tardily, shall be filed by the district clerk or county clerk and deemed filed in time.

The clerk must decide whether to accept an electronically transmitted document no later than the first business day after receiving it from TexasOnline.

(e) Not later than the first business day after receiving a document from TexasOnline, the district clerk or county clerk shall decide whether the document will be accepted for filing.

A document is deemed accepted and filed if the clerk fails to act within the required review period.

If the district clerk or county clerk fails to accept or reject a document within the time period, the document is deemed to have been accepted and filed.

Unless the Sunday exception applies, an accepted document is dated as filed when the filer transmitted it to the EFSP.

(f) If the document is accepted for filing, the district clerk or county 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.

A document commencing a civil suit is not deemed filed on Sunday when transmitted to the EFSP, except in the listed special proceedings.

(h) 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,

A document submitted to TexasOnline or a clerk on Sunday is deemed filed on the succeeding Monday.

TexasOnline, or the district clerk or county clerk on Sunday. Such documents will be deemed to have been filed on the succeeding Monday.

Electronic filing does not change the applicable filing deadline.

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

Challenges to plaintiff's expert witnesses must be made at least 90 days before trial.

Challenges to experts shall be made at least 90 days before trial.

Challenges to defendant's expert witnesses must be made at least 60 days before trial.

Challenges to experts shall be made at least 60 days before trial.

A complete inventory must be filed before trial.

A complete inventory shall be filed prior to trial.

All discovery requests and deposition notices must be filed by the scheduling-order deadline.

All discovery requests and deposition notices must be filed by this date.

All pleading amendments and supplements must be filed by the scheduling-order deadline.

All amendments and supplements must be filed by this date.

The filer's transmission report 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.

The clerk must notify TexasOnline of an acceptance the same day, after which TexasOnline and the EFSP must transmit a file-stamped confirmation to the filer that day.

The district clerk or county clerk shall inform TexasOnline of its action the same day action is taken. TexasOnline 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 or county clerk. The EFSP will electronically transmit the confirmation to the filer.

The clerk must notify TexasOnline of a rejection and its reason the same day, and the rejection alert must be transmitted to the filer that day.

(g) If the document is not accepted for filing, the district clerk or county clerk shall inform TexasOnline of its action, and the reason for such action, the same day action is taken. TexasOnline 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.

Counsel must confer about the scheduling order within 20 days after the first answer.

Within twenty (20) days from the date of the first answer in a case, counsel must confer as to the content of a scheduling order.

Counsel must confer about the scheduling order within 30 days after the first answer.

Within thirty (30) days from the date of the first answer in a case, counsel must confer as to the content of a scheduling order.

Counsel must confer about the scheduling order within 45 days after the first answer.

Within forty-five (45) days from the date of the first answer in a case, counsel must confer as to the content of a scheduling order.

Electronic transmission is available year-round, 24 hours a day, except during brief state-approved Sunday-morning maintenance.

(a) A filer may electronically transmit a document through an EFSP to TexasOnline 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.