Court Rules

McLennan County District Courts Filing Timing and Cure Windows

21 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures. This page is scoped to McLennan County District Courts; use the court rules overview to switch categories without leaving this court.

Cutoffs and deemed-filed rules

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.

Court-level rulesCRITICALOfficial source

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.

Court-level rulesCRITICALOfficial source

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.

Court-level rulesCRITICALOfficial source

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.

Court-level rulesCRITICALOfficial source

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.

Court-level rulesCRITICALOfficial source

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.

Court-level rulesCRITICALOfficial source

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.

Court-level rulesCRITICALOfficial source

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.

Judge Edward (Alan) A. BennettCRITICAL

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.

Judge Edward (Alan) A. BennettCRITICAL

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.

Judge Edward (Alan) A. BennettCRITICAL

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.

Judge Edward (Alan) A. BennettCRITICAL

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.

Judge Edward (Alan) A. BennettCRITICAL

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.

Judge Edward (Alan) A. BennettCRITICAL

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.

Court-level rulesWARNINGOfficial source

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.

Judge Edward (Alan) A. BennettWARNING

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.

Judge Edward (Alan) A. BennettWARNING

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.

Judge Edward (Alan) A. BennettWARNING

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.

Judge Edward (Alan) A. BennettWARNING

Filing deadlines

Common questions about McLennan County District Courts filing timing and cure windows rules

When is a filing treated as filed in McLennan County District Courts?

McLennan County District Courts: The rule states that filing is treated as next court day after cutoff. Civil-suit commencement documents transmitted electronically on Sunday are deemed filed the following Monday, except in injunction, attachment, garnishment, sequestration, and distress proceedings.

View ruleOfficial source Source: page 8, section Rule 4.3 Time Document is Filed

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 ruleOfficial source Source: page 7, section Rule 4.3 Time Document is Filed

16 more rules answer this question in the list above.

What filing deadlines does McLennan County District Courts set?

McLennan County District Courts: Electronic filing does not change applicable filing deadlines.

View ruleOfficial source Source: page 9, section Part 4. Filing Mechanics

Judge Edward (Alan) A. Bennett: 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.

View ruleOfficial source Source: page 2, section Rule 9

What filing deadlines apply to exhibits filings in McLennan County District Courts?

Judge Ryan Alexander Luna: The Court will not consider exhibits that are not timely emailed to the court reporter. Machine summary, not yet verified; check the linked order.

View ruleOfficial source Source: page 1, section 414th ZOOM PROCEDURES