McLennan County District Courts
Court-Level Rules, Filing Procedures & Policies
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Document Format Requirements3 rules
A digital signature on an electronically filed document satisfies applicable legal signature requirements.
(b) 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.
TexasOnline specifies the permissible electronic filing and service formats under JCIT standards.
Consistent with standards promulgated by the Judicial Committee on Information Technology (JCIT), TexasOnline will specify the permissible formats for documents that will be electronically filed and electronically served.
Electronically filed documents must be computer-formatted according to TexasOnline specifications and formatted to print on 8½-inch by 11-inch paper.
Electronically-filed documents must be computer-formatted as specified by TexasOnline. Electronically-filed documents must also be formatted for printing on 8 ½-inch by 11-inch paper.
Document Filing Requirements4 rules
A pro se litigant must present a complete Final Divorce Decree or Order that settles all issues.
you must present a complete Decree or Order that settles all issues.
Document Type
Final Divorce Decree Or Order
A signed and notarized Waiver of Service must be filed with the District Clerk before setting the case for final hearing under the first service prerequisite.
A signed and notarized Waiver of Service has been filed with the District Clerk;
Document Type
Waiver Of Service
A party seeking an exception from mediation must file a verified motion containing a certificate of conference.
Parties seeking an exception must file a verified motion with a certificate of conference.
Document Type
Mediation Exception Motion
Every electronically filed document must include the filer's e-mail address.
In addition to the information required on a pleading by TEX. R. CIV. P. 57, a filer must include an e-mail address on any electronically-filed document.
Document Type
Electronically Filed Document
Filing & Service rules
Electronic Filing Rules
Documents requiring verification, notarization, acknowledgment, sworn status, or oath may be filed electronically only as scanned images.
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.
Page 6 | Rule 3.4 Documents Containing Signatures
Documents requiring opposing-party signatures may be filed electronically only as scanned images.
A document that requires the signatures of opposing parties (such as a Rule 11 agreement) may be electronically filed only as a scanned image.
Page 6 | Rule 3.4 Documents Containing Signatures
Electronic documents are transmitted through an EFSP and TexasOnline to the district clerk rather filed directly with the clerk.
Filers do not electronically file documents directly with the district clerk. Rather, filers indirectly file a document with the district clerk by electronically transmitting the document to an electronic filing service provider (EFSP) which then electronically transmits the document to TexasOnline which then electronically transmits the document to the district clerk.
Page 6 | Rule 4.1 TexasOnline
A filer filing or serving a document must maintain valid accounts with both an EFSP and TexasOnline.
A filer filing or serving a document must have a valid account with an EFSP and with TexasOnline
Page 6 | Rule 4.1 TexasOnline
Each registered filer must use their confidential unique electronic identifier when filing electronically, and that use constitutes a digital signature.
(a) 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.
Page 7 | Rule 4.2 Signatures
An electronic filer's digital signature authorizes payment of document filing fees.
(c) A digital signature on an electronically-filed document is deemed to constitute a signature by the filer for the purpose of authorizing the payment of document filing fees.
Page 7 | Rule 4.2 Signatures
The EFSP must transmit the document, required format information, timing data, and payment information to TexasOnline, which must return a dated and timed receipt acknowledgment.
On receipt of a filer's document, the filer's EFSP must send the document to Texas Online 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. TexasOnline will electronically transmit to the filer an "acknowledgment" that the document has been received by TexasOnline. The acknowledgment will note the date and time that the electronically-transmitted document was received by TexasOnline.
Page 8 | Rule 4.3 Time Document is Filed
TexasOnline must transmit filings to the district clerk and warn the EFSP when a document is improperly formatted.
Upon receiving a document from a filer's EFSP, TexasOnline shall electronically transmit the document to the district clerk. If the document was not properly formatted, Texas Online will transmit a warning to the filer's EFSP.
Page 8 | Rule 4.3 Time Document is Filed
A motion to seal a document and any response to that motion may be filed electronically.
A motion to have a document sealed, as well as any response to such a motion, may be electronically filed.
Page 5 | Rule 3.3 Documents That May Be Electronically Filed
Documents that may traditionally be filed with the district clerk generally may be filed electronically, subject to listed exceptions.
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:
Page 5 | Rule 3.3 Documents That May Be Electronically Filed
An affidavit or other paper described in Rule 3.4(a) or (b) that accompanies an electronically filed document may be scanned and filed electronically with the underlying document.
Any affidavit or other paper described in Rule 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.
Page 6 | Rule 3.4 Documents Containing Signatures
The court may require a filer who submitted a scanned image to file the document traditionally with the district 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 district clerk.
Page 6 | Rule 3.4 Documents Containing Signatures
A filer generally may include only one document in an electronic transmission to TexasOnline.
Except as provided by subsection (b) below, a filer may include only one document in an electronic transmission to TexasOnline.
Page 9 | Rule 4.5 Multiple Documents
After electronically signing an order, the judge must electronically forward it to the district clerk, who may treat the electronic order as its official copy.
Upon electronically signing an order, the judge shall electronically forward the order to the district clerk who may treat the electronic order as the official copy of the order.
Page 11 | Rule 6.1 Courts Authorized to Make Electronic Orders
Electronic filing and service are generally optional, but a district court may order them for a particular case upon a party's motion and a showing of good cause when the documents are permitted to be electronically filed under Rule 3.3.
(a) Except as provided by subsection (b) below, the electronic filing and serving of court documents is wholly optional. (b) 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.
Page 3 | Rule 1.3 Electronic Filing Optional Unless Ordered by Court
A case file may contain both electronically filed and traditionally filed documents.
The district clerk's file for a particular case may contain a combination of electronically-filed documents and traditionally-filed documents.
Page 9 | Rule 4.6 Official Document
A filer may electronically transmit a document with another document attached to it.
A filer may electronically transmit a document to TexasOnline that includes another document as an attachment (e.g., a motion to which is attached a brief in support of the motion).
Page 9 | Rule 4.5 Multiple Documents
The district clerk may print an electronic order and treat the printed version as the official copy.
Alternatively, the district clerk may print the electronic order and treat the printed order as the official copy of the order.
Page 11 | Rule 6.1 Courts Authorized to Make Electronic Orders
Judges are not required to use electronic signatures on orders.
Judges are not required to electronically sign orders.
Page 11 | Rule 6.1 Courts Authorized to Make Electronic Orders
The district clerk is not required to scan traditional orders electronically to create official electronic court orders.
The district clerk is not required to electronically scan traditional court orders in order to create official electronic court orders.
Page 11 | Rule 6.1 Courts Authorized to Make Electronic Orders
A judge is permitted to electronically sign an order with a digitized signature.
A judge may electronically sign an order by applying his or her digitized signature to the order.
Page 11 | Rule 6.1 Courts Authorized to Make Electronic Orders
The district clerk is permitted to electronically scan a traditional court order.
The district clerk may electronically scan a traditional court order.
Page 11 | Rule 6.1 Courts Authorized to Make Electronic Orders
An electronically scanned traditional order may serve as the official court-order copy.
The scanned court order may then serve as the official copy of the court order.
Page 11 | Rule 6.1 Courts Authorized to Make Electronic Orders
Electronic scanning of traditional court orders is discretionary with the district clerk.
Electronic scanning of traditional court orders is at the option of the district clerk.
Page 11 | Rule 6.1 Courts Authorized to Make Electronic Orders
Filing Timing and Cure Windows
A rejected filing and the reason for rejection must be communicated through TexasOnline and the EFSP to the filer on the same day the clerk acts.
If the document is not accepted for filing, the district 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.
Page 8 | Rule 4.3 Time Document is Filed
Transmission to the filer's EFSP constitutes delivery and generally filing, and a timely-transmitted document received no more than ten days late will be deemed filed on time, with the EFSP transmission report as prima facie timing evidence.
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. 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 ===== PAGE 8 ===== 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.
Page 8 | Rule 4.3 Time Document is Filed
A document is deemed accepted and filed if the clerk neither accepts nor rejects it within the prescribed 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.
Page 8 | Rule 4.3 Time Document is Filed
The district clerk must decide whether to accept a filing by the first business day and must accept it if it is not misdirected and meets all filing requirements.
Not later than the first business day after receiving a document from TexasOnline, 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.
Page 8 | Rule 4.3 Time Document is Filed
For an accepted filing, the filing date and time ordinarily are the EFSP transmission date and time, and confirmation with a file-marked first page must be transmitted through TexasOnline and the EFSP to the filer the same day.
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. The district 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. 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.
Page 8 | Rule 4.3 Time Document is Filed
Civil-suit commencement documents transmitted electronically on Sunday are deemed filed the following Monday, except in injunction, attachment, garnishment, sequestration, and distress 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, TexasOnline, or the Clerk on Sunday. Such documents will be deemed to have been filed on the succeeding Monday.
Page 8 | Rule 4.3 Time Document is Filed
A motion for continuance must be filed and set by 9:00 a.m. on the Friday morning of the jury docket call when announcing that a case is not ready, unless the motion is uncontested or the case is passed by agreement and court consent.
If an announcement of not ready is to be made, a motion for continuance must be filed and set no later than that Friday morning at 9:00 a.m. , unless opposing counsel advises the court that no contest will be made to the motion, or unless the case is passed by agreement of all parties and consent of the court.
Page 4 | 1.14 JURY DOCKET CALL
Electronic transmission through an EFSP to TexasOnline is available around the clock except during scheduled maintenance periods.
(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.
Page 7 | Rule 4.3 Time Document is Filed
Electronic filing does not change applicable filing deadlines.
The electronic filing of a document does not alter any filing deadlines.
Page 9 | Part 4. Filing Mechanics
Service and Proof of Service Rules
Electronic service must be accompanied by a written certification identifying the filer's contact information, the recipient's email address, and the date and time of service.
A filer who electronically serves a document upon another party shall make a written certification of such service that shall accompany the document when that document is filed. The written certification shall include, in addition to any other requirements imposed by the Texas Rules of Civil Procedure, the following: (i) the filer's e-mail address or telecopier (facsimile machine) number; (ii) the recipient's e-mail address; (iii) the date and time of electronic service; and
Page 10 | Rule 5.4 Certification of Service
An electronically served document must include a statement that the electronic transmission was reported as complete.
(iv) a statement that the document was electronically served and that the electronic transmission was reported as complete.
Page 11
The attorney setting a case for jury trial must notify all other attorneys of record and pro se parties of the setting and provide the court a copy of the notice.
The attorney setting the case for jury trial shall provide notification of such setting to all other attorneys of record and pro se parties pursuant to the Texas Rules of Civil Procedure, and shall provide the court a copy of such notice.
Page 3 | 1.12 SERVICE OF PROCESS
Electronic service is permitted only when the receiving party has agreed to receive it or the court has ordered electronic service.
Documents may be electronically served upon a party only where that party has agreed to receive electronic service or where the court has ordered the parties to electronically serve documents.
Page 9 | Rule 5.1 Electronic Service of Documents Permissible
Electronic service completed after 5:00 p.m. in the recipient's time is deemed served on the next day that is not a weekend or legal holiday.
When electronic service is complete after 5:00 p.m. (recipient's time), then the date of service shall be deemed to be the next day that is not a Saturday, Sunday or legal holiday.
Page 10 | Rule 5.2 Completion of Service and Date of Service
Three days are added to the prescribed period for an act 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.
Page 10 | Rule 5.3 Time for Action After Service
A document served electronically must be served before or at the time it is filed.
Documents to be electronically served upon another party shall be served before the time or at the same time that the document is filed.
Page 10 | Rule 5.4 Certification of Service
A filer may serve documents electronically by transmitting them to the receiving party's email address.
In addition to the methods of serving documents (other than the citation to be served upon the filing of a cause of action) set forth in TEX. R. CIV. P. 21a, a filer may serve documents upon another party in the case by electronically transmitting the document to that party at the party's email address.
Page 9 | Rule 5.1 Electronic Service of Documents Permissible
Electronic service is complete when the filer transmits the document to the party's email address.
Electronic service shall be complete upon transmission of the document by the filer to the party at the party's e-mail address.
Page 10 | Rule 5.2 Completion of Service and Date of Service
Electronic filing alone does not require electronic service unless the court orders it.
A party who electronically files a document is not required to electronically serve documents upon other parties unless the court has ordered the parties to electronically serve documents.
Page 10 | Rule 5.1 Electronic Service of Documents Permissible
Electronic service may be used for documents that are filed traditionally as well as electronically.
A filer may electronically serve a document in instances where the document is traditionally filed as well as in instances where the document is electronically filed.
Page 10 | Rule 5.1 Electronic Service of Documents Permissible
Filing Fees and Waivers
TexasOnline will charge an electronic-filing convenience fee in addition to regular fees, capped at the amount approved by the TexasOnline Authority.
(g) TexasOnline will charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees and will be in an amount not to exceed the amount approved by the TexasOnline Authority.
Page 7 | PART 4. FILING MECHANICS
Electronic filers must pay regular filing fees through TexasOnline using a method specified by TexasOnline.
(e) Filers who electronically file documents will pay regular filing fees to the district clerk indirectly through TexasOnline by a method set forth by TexasOnline.
Page 7 | PART 4. FILING MECHANICS
An EFSP may impose an additional convenience fee for electronic filing.
(f) An EFSP may charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees.
Page 7 | PART 4. FILING MECHANICS
The district clerk may impose an additional electronic-filing convenience fee.
(h) The district clerk may charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees, credit card fees, or other fees.
Page 7 | PART 4. FILING MECHANICS
Adjournment & Extension Requirements
A motion for continuance must be filed and set by 9:00 a.m. on the Friday morning of the jury docket call when announcing that a case is not ready, unless the motion is uncontested or the case is passed by agreement and court consent.
If an announcement of not ready is to be made, a motion for continuance must be filed and set no later than that Friday morning at 9:00 a.m. , unless opposing counsel advises the court that no contest will be made to the motion, or unless the case is passed by agreement of all parties and consent of the court.
Page 4 | 1.14 JURY DOCKET CALL
A motion for continuance must be filed and set by 9:00 a.m. on the Friday before the following week's jury trial if counsel announces that the case is not ready, unless the opposition does not contest the motion or all parties agree and the court consents to passing the case.
If an announcement of not ready is to be made, a motion for continuance must be filed and set no later than that Friday morning at 9:00 a.m. , unless opposing counsel advises the court that no contest will be made to the motion, or unless the case is passed by agreement of all parties and consent of the court.
Page 4 | 1.14 JURY DOCKET CALL
Chambers Communication Rules
A pro se litigant must not call to set a final hearing until the applicable service prerequisite has been satisfied and a Final Divorce Decree or Order In Suit Affecting The Parent-Child Relationship is prepared and in hand.
DO NOT CALL TO SET YOUR CASE FOR FINAL HEARING UNTIL: 1) A signed and notarized Waiver of Service has been filed with the District Clerk; or 2) The respondent has been served with citation, the citation return has been on file at least 10 days and respondent’s answer date has passed, or any time after respondent has filed an answer; and 3) A Final Divorce Decree or an Order In Suit Affecting The Parent- Child Relationship is prepared and in hand.
Page 1 | INFORMATION FOR PRO SE LITIGANTS
Each counsel must contact the court in person or by telephone and announce ready or not ready by 9:00 a.m. on the Friday before the following week's jury trial setting.
No later than 9:00 a.m. on Friday morning before the jury trial setting for the following week, it shall be the duty of each counsel to communicate with the court, in person or by telephone, and announce ready or not ready.
Page 4 | 1.14 JURY DOCKET CALL
A filer who electronically files, serves, or agrees to accept service must provide information about any e-mail address change to TexasOnline, the district clerk, and all case parties.
By virtue of electronically filing a document or serving a document or by agreeing to accept service, a filer additionally agrees to provide information regarding any change in his or her e-mail address to TexasOnline, the district clerk, and all parties in the case.
Page 10 | Rule 5.1 Electronic Service of Documents Permissible
To set a case for final hearing, a pro se litigant should call the District Court Coordinator or Administrator.
When you are ready to set your case for final hearing, please call the Court Coordinator/Administrator in the District Court where your case is filed.
Page 1 | INFORMATION FOR PRO SE LITIGANTS