Judge Edward (Alan) A. Bennett
Individual Rules, Standing Orders & Policies
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Document Format Requirements6 rules
Documents requiring opposing-party signatures, such as a Rule 11 agreement, 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.
Documents requiring verification, notarization, acknowledgment, oath, or sworn status 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.
Exhibits must bear clear exhibit labels and be exchanged at least 48 hours before the hearing.
However, they must be clearly marked with exhibit labels and must be exchanged at least 48 hours before any hearing.
Proposed jury charges submitted to the Court Administrator must use Microsoft Word format.
Attorneys must e-mail their proposed jury charges in Microsoft Word format to the Court Administrator.
Electronically filed documents must be computer-formatted under TexasOnline specifications and formatted for printing 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.
TexasOnline will specify the permissible formats for documents that are electronically filed and served.
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.
Document Filing Requirements15 rules
A registered filer must use their confidential, unique electronic identifier when e-filing, and that use constitutes a digital signature.
(a) Upon completion ofthe 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 ofthe identifier to electronically file docwnents constitutes a "digital signature" on the particular document.
Document Type
Electronically Filed Document
An electronic digital signature authorizes payment of document filing fees.
(c) A digital signature on an electronically-filed docwnent is deemed to constitute a signature by the filer for the purpose of authorizing the payment of document filing fees.
Document Type
Electronically Filed Document
A digital signature satisfies document-signature requirements imposed by the Texas Rules of Civil Procedure or other law.
(b) The attachment of a digital signature on an electronically-filed document is deemed to constitute a signature on the docwnent for purposes of signature requirements imposed by the Texas Rules of Civil Procedure or any other law.
Document Type
Electronically Filed Document
Each party required to attend the parent education course must file an attendance certificate no later than the date the case is set for final hearing.
C. All parties required by paragraph A herein to attend a parent education course shall file with the court a certificate verifying the party's attendance at such course. The certificate shall be filed no later than the date the case is set for final hearing.
Document Type
Attendance Certificate
Notice of the first setting for a final hearing or trial must comply with Texas Rule of Civil Procedure 245, providing 45 days' notice.
Notice of all first settings for final hearing or trial shall be pursuant to Rule 245 of the Texas Rules of Civil Procedure (i.e. 45-days' notice).
Document Type
Notice Of Final Hearing
A party seeking an exception to the mediation requirement must file a verified motion accompanied by a certificate of conference.
Parties seeking an exception must file a verified motion with a certificate of conference.
Document Type
Motion
In cases involving an appreciable amount of disputed property, counsel must prepare a sworn property inventory with value estimates, provide it to opposing counsel at least seven days before trial, and provide it to the court before testimony begins.
In cases involving an appreciable amount of property in dispute, counsel for each party shall prepare a sworn list of property involved with estimates of value noted thereon. A copy of the list shall be presented to opposing counsel at least seven (7) days before trial, and to the court prior to any testimony being offered.
Document Type
Property Inventory
A pro se litigant must present a complete final decree or order settling all issues in a divorce or parent-child relationship suit.
If you are representing yourself (Pro Se) in a divorce or in a Suit Affecting the Parent-Child Relationship, please understand the following: You must present a complete Decree or Order that settles all issues.
Document Type
Final Decree Or Order
Every discovery motion must include a certificate of conference, and the court will not set a hearing without it.
a certificate of conference must be attached to any discovery motion. If no certificate of conference is attached, no hearing will be set.
Document Type
Discovery Motion
Parties must attend a specified parenting course and file the certificate before the court will set a final hearing.
parties must attend either the Seminar for Divorcing Parents or Co-Parenting Course/ Shared Parenting Course and file their certificate before a final hearing will be set.
Document Type
Certificate
When required by rule or statute, all pretrial materials must be exchanged and filed before the pretrial conference.
Any scheduling order shall require the exchange and filing, if required by rule or statute, of all pretrial materials before the date of the pretrial conference.
Document Type
Pretrial Materials
Attorneys must email proposed jury charges in Microsoft Word format to the Court Administrator.
Attorneys must e-mail their proposed jury charges in Microsoft Word format to the Court Administrator.
Document Type
Proposed Jury Instructions
For Texas Rules of Civil Procedure 13 and 57, the electronic filing's digital signature is attributed to the first-listed signer in the signature block.
The digital signature on any document filed is deemed to be the signature ofthe attorney whose name appears first in the signature block of the document for the purpose of Texas Rules of Civil Procedure 13 and 57.
Document Type
Electronically Filed Document
The first-listed signer of an initial pleading is the attorney in charge under Texas Rule of Civil Procedure 8 unless another attorney is designated.
The person whose name appears first in the signature block of an initial pleading is deemed to be the attorney in charge for the purposes ofTexas Rules of Civil Procedure 8, unless otherwise designated.
Document Type
Initial Pleading
An electronically filed document must include an e-mail address in addition to the information required by Texas Rule of Civil Procedure 57.
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 that may traditionally be filed with the district clerk generally may be filed electronically, except for the listed sealed, restricted, in camera, subpoena-related, bond, citation, and return documents.
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 ofservice ofsubpoenas; vi) documents to be presented to a court in camera, solely for the purpose of obtaining a ruling on the discoverability ofsuch documents; vii) documents sealed pursuant to TEX. R. CIV. P. 76a; and ===== PAGE 6 ===== 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.
Page 5 | Rule 3.3 Documents That May Be Electronically Filed
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
Electronic filers must transmit documents through an EFSP and TexasOnline rather than filing directly with the district 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
Filers must follow TexasOnline's registration procedures, available on its website, to register for electronic filing.
To become registered to electronically file documents, filers must follow registration procedures outlined by TexasOnline. The procedure can be accessed from TexasOnline's website at ''www.texasonline.com."
Page 6 | Rule 4.1 TexasOnline
The clerk must accept an electronically submitted document if it is not misdirected and complies with all filing requirements.
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
After receiving a document, the EFSP must transmit it to TexasOnline in the required electronic format with the submission time and payment information.
(c}On receipt ofa 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.
Page 8 | Rule 4.3 Time Document is Filed
TexasOnline must electronically transmit filed documents to the district clerk and warn the EFSP when a document is improperly formatted.
(d) 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
Orders for the court's consideration generally should be electronically filed with the District Clerk, subject to three stated exceptions.
Other than pro se cases, expunction proceedings, or cases in which counsel tenders an original order during a hearing in open court, any order for the Court’s consideration should be e-filed with the District Clerk. Such orders will be forwarded to the Court by the District Clerk’s office.
Page 1 | Rule 8
An affidavit or other Rule 3.4(a) or (b) paper attached to an electronically filed document may be scanned and filed with that 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
A motion to seal a document and the 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 6 | Rule 3.3 Documents That May Be Electronically Filed
The court may require a filer who submitted a scanned image electronically to refile 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
Upon a party's motion showing good cause, a district court may order the parties in a particular case to electronically file and serve documents permitted under Rule 3.3.
(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
Electronic filing and service of court documents are optional unless a court orders otherwise under subsection (b).
(a) Except as provided by subsection (b) below, the electronic filing and servtng of court documents is wholly optional.
Page 3 | Rule 1.3 Electronic Filing Optional Unless Ordered by Court
Electronic transmission through an EFSP to TexasOnline is available 24 hours a day, every day, except during brief scheduled maintenance periods.
(a) A filer may electronically transmit a document through an EFSP to TexasOnline 24 hours per day each and every day ofthe year, except during briefperiods of state approved scheduled maintenance which will usually occur in the early hours ofSunday morning.
Page 7 | Rule 4.3 Time Document is Filed
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
Filing Timing and Cure Windows
When a filer sends an electronically transmitted document to their EFSP, it is deemed delivered to the clerk and, subject to Rule 4.3(h), filed.
(b) Upon sending an electronically-transmitted docwnent to a filer's EFSP, the filer is deemed to have delivered the docwnent to the clerk and, subject to Rule 4.3(h), the document is deemed to be filed.
Page 7 | Rule 4.3 Time Document is Filed
A document transmitted to the EFSP by its filing deadline remains timely if the clerk receives it no more than 10 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 docwnent, ifreceived by the clerk not more than ten days tardily, shall be filed by the ===== PAGE 8 ===== clerk and deemed filed in time.
Page 7 | Rule 4.3 Time Document is Filed
Except for documents governed by subsection (h), the filing date and time are the date and time the filer transmitted the document to its EFSP.
(f) 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.
Page 8 | Rule 4.3 Time Document is Filed
Except in the listed special proceedings, a civil-suit commencement document transmitted electronically on Sunday is deemed filed the following Monday.
(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
If the clerk neither accepts nor rejects a document within the required review period, the document is deemed accepted and filed.
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 an electronically submitted document no later than the first business day after receipt.
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.
Page 8 | Rule 4.3 Time Document is Filed
The exhibit-exchange deadline is at least 48 hours before the hearing but does not alter deadlines established by the Texas Rules of Civil Procedure or other law.
they must be clearly marked with exhibit labels and must be exchanged at least 48 hours before any hearing. Any deadline contained in these rules does not alter any deadlines established by the Texas Rules of Civil Procedure or other law.
Page 2 | Rule 9
A 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.
Page 7 | Rule 4.3 Time Document is Filed
The same day a filing is rejected, the rejection and reason must be transmitted through TexasOnline and the EFSP to the filer.
(g) 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
TexasOnline must acknowledge receipt to the filer and identify the document's receipt date and time.
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
The same day a filing is accepted, acceptance and a file-marked confirmation must be transmitted electronically through TexasOnline and the EFSP to the filer.
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.
Page 8 | Rule 4.3 Time Document is Filed
Service and Proof of Service Rules
A filer electronically serving a document must file a written service certification with the document that includes the sender's email or telecopier number, recipient's email address, and date and time of electronic 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 title'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
A document subject to electronic service must be served before or at the same 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
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.
D. 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 4 | 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
A filer who electronically files or serves documents, or agrees to accept service, must provide notice of any email-address change to TexasOnline, the district clerk, and all case parties.
By virtue ofelectronically 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
Electronic service is complete when the filer transmits the document to the recipient'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 on other parties unless the court orders electronic service.
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 completed after 5:00 p.m. in the recipient's time is deemed served on the next day that is not a Saturday, Sunday, 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 a prescribed period for acting after electronic service.
Whenever a party has the right or is required to do some act within a prescribed period of time after service ofa 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
The date of electronic service is ordinarily the date on which electronic service is complete.
Except as provided by subsection (c) below, the date ofservice shall be the date the electronic service is complete.
Page 10 | Rule 5.2 Completion of Service and Date of Service
Documents served electronically must include a statement confirming the electronic service and completion of the electronic transmission.
a statement that the document was electronically served and that the electronic transmission was reported as complete.
Page 11 | Part 6. Electronic Orders and Viewing of Electronically-Filed Documents
Pro se persons must maintain a current address on file with the Clerk.
All persons who do not have a lawyer shall maintain a current address on file with the Clerk.
Page 3 | SERVICE
Notice to a pro se person may be made by open-court notice, personal service, or certified and first-class mail to the current address on file with the clerk.
Pursuant to Texas Rule ofCivil Procedure 21 a, notice to a person with1:mt a lawyer shall be made by notice in open court, or personal service, or service to the current.address on file with the clerk by sending notice both certified and first-class mail.
Page 3 | SERVICE
A filer may serve documents on another party electronically by transmitting them to that 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. 2 la, 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 may be used whether the document is traditionally filed or electronically filed.
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
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 charge filers a convenience fee for electronically filing documents, in addition to regular filing fees.
(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 optional electronic-filing convenience fee in addition to other fees.
(h) The district clerk may Gharge filers a Gonvenience 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
TexasOnline will charge a convenience fee in addition to regular filing 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
Filing Bundling Requirements
A filer may include only one document in an electronic transmission to TexasOnline, except for an attached document permitted under Rule 4.5(b).
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
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
Pre-Motion Conference Requirements
Attorneys must confer and attempt to resolve every discovery dispute before requesting a hearing.
In all discovery disputes, the attorneys must first confer and attempt to resolve the dispute before seeking a hearing with the Court
Page 1 | Rule 7
Adjournment & Extension Requirements
A motion for continuance must be filed and set by 9:00 a.m. Friday before the jury trial if counsel will announce that the case is not ready, unless opposing counsel 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
The parties may pass a trial setting once by agreement without filing a motion for continuance, but they must provide verification of their agreement.
Trial settings can be passed by agreement of the parties ONCE without a Motion for Continuance. The parties must provide verification that they have agreed to the pass.
Page 2 | Rule 13
Chambers Communication Rules
Proposed jury charges must be emailed to the Court Administrator.
Attorneys must e-mail their proposed jury charges in Microsoft Word format to the Court Administrator.
Page 2 | Rule 12
A request for a CPS de novo hearing must be emailed to the Court Administrator when it is filed with the district clerk.
Such request shall also be emailed to the Court Administrator of this Court at the time the request is filed.
Page 2 | Rule 16
To set a case for final hearing, contact Pro Se Coordinator Kim Harris by phone at 254-757-5289.
When you are ready to set your case for final hearing, please contact Pro Se Coordinator, Kim Harris at 254-757-5289 or kim.harris@co.mclennan.tx.us
Page 1 | INFORMATION FOR PRO SE LITIGANTS - 474th District Court
Those needing to cancel must advise the Administrator by telephone or email as early as possible.
If cancellations are necessary, the Administrator needs to be advised at the earliest possible time, either by telephone or email.
Page 1 | Rule 5
Hearings may be scheduled through the Court Administrator by telephone.
They may be scheduled by telephone or email.
Page 1 | Rule 5
Exhibits may be emailed to the Court Reporter and Court Administrator before a hearing.
Exhibits may be e-mailed to the Court Reporter and Court Administrator prior to a hearing.
Page 2 | Rule 9
Transcript inquiries should be directed to Alexandra Selden-Gillman by telephone or email.
Inquiries regarding transcripts should be directed to Alexandra Selden-Gillman by phone or e-mail.
Page 1 | Transcriptions of Trials & Hearings
Requests concerning civil and family law settings should be directed to Ellen Watson by telephone or email.
Requests regarding settings for civil and family law cases should be directed to Ellen Watson by phone or e-mail.
Page 1 | Settings