Court Rules

Court-wide rules

Applies court-wide

These 61 rules apply across McLennan County District Courts. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

E-Filing

All 24
  • 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.

  • Applies to
    Document

    Documents that may traditionally be filed with the district clerk generally may be filed electronically, subject to listed exceptions.

  • Applies to
    Motion to seal

    A motion to seal a document and any response to that motion may be filed electronically.

Service

All 11
  • Service
    Electronic service

    A filer may serve documents electronically by transmitting them to the receiving party's email address.

  • Service
    Electronic service

    Electronic service is permitted only when the receiving party has agreed to receive it or the court has ordered electronic service.

  • Service
    Electronic service

    Electronic filing alone does not require electronic service unless the court orders it.

Filing Timing

All 9
  • Electronic transmission through an EFSP to TexasOnline is available around the clock except during scheduled maintenance periods.

  • 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.

  • 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.

Communication

All 4
  • Contact
    Phone

    To set a case for final hearing, a pro se litigant should call the District Court Coordinator or Administrator.

  • Contact
    Phone

    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.

  • Contact
    Email to clerk

    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.

Common questions about Judge Edward (Alan) A. Bennett's rules

Does Judge Edward (Alan) A. Bennett require a pre-motion conference or letter before filing a motion?

Judge Edward (Alan) A. Bennett's rules set a pre-motion procedure for discovery. Attorneys must confer and attempt to resolve every discovery dispute before requesting a hearing.

View ruleSource: page 1, section Rule 7

What formatting rules apply to filings before Judge Edward (Alan) A. Bennett?

Judge Edward (Alan) A. Bennett's formatting rule includes microsoft word format. Proposed jury charges submitted to the Court Administrator must use Microsoft Word format.

View ruleSource: page 2, section Rule 12

What must be included with electronically filed document filings before Judge Edward (Alan) A. Bennett?

The rule identifies required filing content or certificates. A registered filer must use their confidential, unique electronic identifier when e-filing, and that use constitutes a digital signature.

View ruleSource: page 7, section Rule 4.2 Signatures

What must be included with attendance certificate filings before Judge Edward (Alan) A. Bennett?

The rule identifies required filing content or certificates. 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.

View ruleSource: page 7, section 2.02 SEMINAR FOR PARENTS

How may parties contact Judge Edward (Alan) A. Bennett's chambers?

The rule addresses email communications. Proposed jury charges must be emailed to the Court Administrator.

View ruleSource: page 2, section Rule 12

How do I request an adjournment or extension before Judge Edward (Alan) A. Bennett?

Advance notice is not fully stated in the structured details. 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.

View ruleSource: page 4, section 1.14 JURY DOCKET CALL

Does Judge Edward (Alan) A. Bennett require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. A filer may include only one document in an electronic transmission to TexasOnline, except for an attached document permitted under Rule 4.5(b).

View ruleSource: page 9, section Rule 4.5 Multiple Documents

Is electronic filing required before Judge Edward (Alan) A. Bennett?

Electronic filing is permitted for the covered filings. 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.

View ruleSource: page 5, section Rule 3.3 Documents That May Be Electronically Filed

Are filing fees or waivers addressed before Judge Edward (Alan) A. Bennett?

A fee is required for covered filings. Electronic filers must pay regular filing fees through TexasOnline using a method specified by TexasOnline.

View ruleSource: page 7, section Part 4. Filing Mechanics

When is a filing treated as filed before Judge Edward (Alan) A. Bennett?

The rule states that filing is treated as on submission. 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.

View ruleSource: page 7, section Rule 4.3 Time Document is Filed

What rule applies to e-service before Judge Edward (Alan) A. Bennett?

The rule addresses service method, recipient, or timing requirements. Details: method: e-service, timing: before filing. A document subject to electronic service must be served before or at the same time it is filed.

View ruleSource: page 10, section Rule 5.4 Certification of Service
Complete rules summary for Judge Edward (Alan) A. Bennett

The district clerk may impose an optional electronic-filing convenience fee in addition to other fees.

Electronic filing and service of court documents are optional unless a court orders otherwise under subsection (b).

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.

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 motion to seal a document and the response to that motion may be filed electronically.

Documents requiring verification, notarization, acknowledgment, oath, or sworn status may be filed electronically only as scanned images.

Documents requiring opposing-party signatures, such as a Rule 11 agreement, may be filed electronically only as scanned images.

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.

The court may require a filer who submitted a scanned image electronically to refile the document traditionally with the district clerk.

A registered filer must use their confidential, unique electronic identifier when e-filing, and that use constitutes a digital signature.

Filers must follow TexasOnline's registration procedures, available on its website, to register for electronic filing.

Electronic filers must transmit documents through an EFSP and TexasOnline rather than filing directly with the district clerk.

A filer filing or serving a document must maintain valid accounts with both an EFSP and TexasOnline.

TexasOnline will specify the permissible formats for documents that are electronically filed and served.

Electronic filers must pay regular filing fees through TexasOnline using a method specified by TexasOnline.

An EFSP may charge filers a convenience fee for electronically filing documents, in addition to regular filing fees.

TexasOnline will charge a convenience fee in addition to regular filing fees, capped at the amount approved by the TexasOnline Authority.

A digital signature satisfies document-signature requirements imposed by the Texas Rules of Civil Procedure or other law.

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.

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.

An electronic digital signature authorizes payment of document filing fees.

Electronic transmission through an EFSP to TexasOnline is available 24 hours a day, every day, except during brief scheduled maintenance periods.

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.

The clerk must accept an electronically submitted document if it is not misdirected and complies with all filing requirements.

A document transmitted to the EFSP by its filing deadline remains timely if the clerk receives it no more than 10 days late.

A filer's transmission report is prima facie evidence of the document's transmission date and time.

After receiving a document, the EFSP must transmit it to TexasOnline in the required electronic format with the submission time and payment information.

TexasOnline must acknowledge receipt to the filer and identify the document's receipt date and time.

TexasOnline must electronically transmit filed documents to the district clerk and warn the EFSP when a document is improperly formatted.

The district clerk must decide whether to accept an electronically submitted document no later than the first business day after receipt.

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