Starr County Court at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements18 rules
Court records, notices, citations, and jury summonses must identify the facility by its full name and street address.
Court's wording
The Zarsky Judicial Annex is a facility distinct from the Starr County Annex Building, and is to be identified in court records, notices, citations, and jury summonses by its full name and street address.
The Starr County District Clerk shall ensure that every jury summons, juror qualification notice, notice of setting, and juror instruction issued during the Relocation Period identifies the Zarsky Judicial Annex by its full name and street address, together with directions and parking information, in both English and Spanish, and shall not use the word "Annex" without qualification.
The District Clerk must post bilingual location notices at public entrances to both buildings and include notice with citations, notices of setting, and jury summonses issued during the Relocation Period; the Court requests, but does not direct, the County to publish notice online.
Court's wording
The Starr County District Clerk is directed to post notice of the temporary change of location conspicuously at each public entrance to the Starr County Courthouse and at each public entrance to the Zarsky Judicial Annex, and to include notice of the location with all citations, notices of setting, and jury summonses issued during the Relocation Period. Notice shall be given in both English and Spanish. The Court further requests that the County publish notice on its internet website.
Orders, notices, citations, jury summonses, docket entries, signs, and public communications about the facility must use “Zarsky Judicial Annex” and its street address and may not refer to it as “the Annex” without qualification.
Court's wording
2.2 The Zarsky Judicial Annex is a facility distinct from the Starr County Annex Building. All county officers, courts,and clerks shall use the full name "Zarsky Judicial Annex,"together with its street address, in every order, notice, citation,jury summons, docket entry, sign, and public communication concerning the facility, and shall not refer to it as "the Annex" without qualification.
Judicial proceedings may commence at the Annex only on the date certified in writing by the County Judge after consultation, with the certification confirming that the specified requirements have been satisfied.
Court's wording
2.5 Commencement of operations. Notwithstanding the effective date of the designation, judicial proceedings shall commence at the Zarsky Judicial Annex on the date certified in writing by the County Judge,following consultation with the Local Administrative District Judge and each affected judge, as the date on which the facility is ready for judicial occupancy. Such certification shall confirm that the requirements of Sections 5,6, and 7 of this Resolution have been satisfied.
During the Relocation Period, every jury summons, notice of setting, juror qualification notice, and juror instruction must identify the Annex by its full name and street address and include directions and parking information.
Court's wording
3.2 The District Clerk and the County Clerk are directed to coordinate with the respective Coiuts so that every jury summons, notice of setting,juror qualification notice, and juror instruction issued during the Relocation Period clearly identifies the Zarsky Judicial Annex by that full name and by street address as the location for jury service, together with directions and parking information.
As needed during the Relocation Period, the District Clerk and County Clerk must establish written protocols governing filing, transport, maintenance, custody, and security of court records.
Court's wording
4.1 The District Clerk and the County Clerk are each directed to establish written protocols for the filing, transport, maintenance, custody, and security of all court records, as the need arises, during the Relocation Period, consistent with Chapter 203 of the Texas Local Govemment Code,applicable records retention schedules, and applicable rules goveming electronic filing and the confidentiality of court records.
7. A cover sheet shall accompany such transmissions, identifying the sender, the case in which the pleadings or documents are to be filed, the nature of the pleadings or documents, the number of pages being transmitted including the cover sheet, and any special filing, service or dispositional instructions.
The Court must include a cover page with any court order transmitted by facsimile.
Court's wording
10. Court Orders may be electronically transmitted to the Clerk for filing. In this instance, electronically transmitted includes e-mail and facsimile transmission. The Court will include a cover page with any facsimile transmitted Orders.
6. Senders of electronically transmitted pleadings or documents must maintain or file the originals, as may be required by law.
The originals of returns of service and bonds must be filed with the District Clerk for placement in the Court file.
Court's wording
8. Returns of service and bonds may not be filed electronically, unless permitted by law or Rules promulgated by the Supreme Court of Texas. The originals must be filed with the District Clerk for placement in the Court file.
All applications for ex parte relief shall state, and it shall be brought to the attention of the Court, whether, within the knowledge of the applicant, the opposing party is represented by counsel, who shall be allowed to appear if practicable.
An amended or additional-count indictment must be filed as a superseding indictment in the same case and cause number, using sequential designations such as S1 and S2.
Court's wording
3. When the grand jury returns an amended indictment or adds counts to the original indictment, the new indictment is a superseding indictment and shall be filed in the same case with the same cause number, except that the designation "S1" shall be added to the case number. If a second superseding indictment is filed, the new indictment shall be given the "S2" designation, and so forth.
b. In the Order giving a case a special or preferential trial setting, the Court shall state specific reasons for such setting.
Counsel must give each affected court a written statement of readiness for all same-date trials and explain any lack of readiness.
Court's wording
b. Counsel must state in writing to each of the affected Courts whether he or she is ready for trial in all cases set for trial on the same date, and. if not ready in one or more of said cases, why he or she is not ready for trial.
c. Counsel shall state, whether in a motion for continuance or a notice of conflicting jury trial settings, which case has priority under these Rules.
A fee voucher must cover all services for one client and include an itemized account of time, dates, and services.
Court's wording
The voucher shall include all services provided to a single client regardless of the number of cases disposed. The voucher shall contain a detailed, itemized statement as to time expended, date and service rendered.
Appointed Attorneys must timely file a request for a hearing under this Rule.
Filing & Service rules
Electronic Filing Rules
Returns of service and bonds generally may not be filed electronically, and their originals must be filed with the District Clerk unless law or Texas Supreme Court rules permit electronic filing.
8. Returns of service and bonds may not be filed electronically, unless permitted by law or Rules promulgated by the Supreme Court of Texas. The originals must be filed with the District Clerk for placement in the Court file.
Page 4 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
The sender of electronically transmitted pleadings or documents must personally review the Clerk's files to verify their integrity or existence.
4. It shall be incumbent upon the sender to personally review the Clerk's files to insure the integrity or existence of electronically transmitted pleadings or documents.
Page 4 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
Electronically transmitted pleadings and documents must be addressed to the District Clerk; the Clerk is not responsible for misfiling or incompetent transmissions.
3. Pleadings and documents electronically transmitted for filing must be addressed to the District Clerk. The District Clerk or deputy clerk shall not be responsible for the misfiling of such pleadings or documents, nor for incompetent transmissions.
Page 4 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
The District Clerk or deputies must scan and e-file pro se pleadings and help pro se litigants with filing procedures, including e-filing procedures.
The District Clerk and/or its deputies shall scan and e-file pro se pleadings as per electronic filing rules. The District Clerk and/or its deputies will help pro se litigants with any filing procedures, including any e-filing procedures.
Page 6 | Rule 6. Transfer of Civil Cases within the Courts
Electronic filing continues without interruption under the applicable rules of the Supreme Court of Texas and the Court of Criminal Appeals.
Electronic filing shall continue without interruption in accordance with the rules of the Supreme Court of Texas and the Court of Criminal Appeals.
Page 4 | II. Order — Filing and records
Conventional filings may be tendered at the District Clerk’s office wherever it is maintained during the Relocation Period or at the Zarsky Judicial Annex.
Conventional filings may be tendered at the office of the Starr County District Clerk wherever that office is maintained during the Relocation Period, or at the Zarsky Judicial Annex.
Page 4 | II. Order — Filing and records
Pleadings, documents, and court orders may be filed electronically with the appropriate Clerk and are treated as originals, subject to the cited statute.
1. Pleadings, Documents, and Court Orders may be filed by electronic transmission with the appropriate Clerk, and shall be recognized and treated as originals, subject to 51.806(b), Texas Government Code.
Page 4 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
Court orders may be transmitted to the Clerk for filing by email or facsimile.
10. Court Orders may be electronically transmitted to the Clerk for filing. In this instance, electronically transmitted includes e-mail and facsimile transmission.
Page 4 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
Filing Timing and Cure Windows
The Clerk must file-stamp electronically transmitted pleadings and documents on the next business day and show the actual time received.
5. The Clerk shall file stamp such pleadings and documents in the same manner as the original papers are handled, on the next business day, showing the actual time received.
Page 4 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
The Clerk must prioritize and address Child Protection cases immediately.
Child Protection cases shall take priority and be addressed immediately by the Clerk.
Page 5 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
The Clerk may reject a pleading only when authorized by the Supreme Court of Texas electronic-filing order; noncompliance with other rules requires a court order for rejection.
The Clerk shall not reject any pleading on their own determination unless given authority to reject under the order promulgated by the Supreme Court of Texas concerning the electronic filing. Any filings that may not comply with other rules are only rejected by order of the Court.
Page 5 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
The Clerk must make signed-order copies available to the agent by 4:45 p.m. on the day the order is filed.
The Clerk shall make copies of the signed Orders available to the agent no later than 4:45 pm the same day the Order is filed.
Page 5 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
The Court must grant or deny the emergency orders and email copies to the Clerk and County Attorney for filing the next business day.
The Court shall grant or deny the emergency orders and e-mail copies to the Clerk and County Attorney for filing the next business day.
Page 5 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
Within one hour after acceptance, the Clerk must submit associated emergency orders to the CPS Court's signing queue and notify the Court by email and telephone.
Once the filing has been either accepted or corrected and accepted, the Clerk shall submit all orders associated with the emergency filing to the CPS Court's signing queue within 1 hour of the filings acceptance and will notify the CPS Court that said orders are in the queue by email and telephone.
Page 5 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
The Clerk must review and file State-agent filings within one hour of filing, or, for after-hours filings, within one hour of receipt on the next business day.
Any filing made by an agent of the State of Texas, including but not limited to any filing done by the County Attorney, Texas Attorney General or Department of Family and Protective Services, shall be reviewed and filed within 1 hour of the filing, or if filed after hours, within 1 hour of receipt of the filing the next business day.
Page 5 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
The Clerk must review a State-agent filing requesting emergency relief within one hour of filing.
If the filing made by an agent of the State of Texas is requesting emergency relief, the Clerk will review the document within 1 hour of filing.
Page 5 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
If a filing is rejected for nonconformity with Supreme Court of Texas filing requirements, the Clerk must immediately tell the State agent why it does not conform.
If the filing is rejected (rejection may only occur for the document not conforming with the filing requirements as mandated by the Supreme Court of Texas), the Clerk shall immediately notify the agent why the filing does not conform to the requirements as mandated by the Supreme Court of Texas.
Page 5 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
After a pleading or motion is filed, the Clerk must accept it, stamp it with the filing date and time, and sign and print their name on it.
Once a pleading or motion is filed with the Clerk, the Clerk shall accept the filing, shall file stamp the document with the date and time that it was filed, shall sign and print his or her name thereto.
Page 6 | Rule 6. Transfer of Civil Cases within the Courts
When the District Clerk’s office is closed or an officially declared emergency exists, a Judge may receive an application for immediate or temporary relief; any pleadings and order must be filed with the District Clerk the next business day.
When the office of the District Clerk is not open for business or during any officially declared emergency, a Judge may receive an application for immediate or temporary relief and grant such relief as the Judge deems appropriate. The pleadings and the Order, if any, shall be filed with the District Clerk the next business day and, if necessary, process shall issue as provided by law.
Page 8 | Rule 10. Temporary, Emergency, and Ex Parte Orders
An appointed attorney must submit a fee voucher on the Court-provided form within 30 days after disposition or exhaustion of appeals.
Not later than thirty (30) days after the case is disposed by the Court or all appeals are exhausted, the appointed attorney shall prepare and submit to the Court a voucher for the payment of fees and expenses on a form provided by the Court.
Page 13 | Rule 20. Attorney Fee Vouchers Requirements
An appointed attorney may object to a fee disallowance and request a hearing within 30 days; a timely hearing request is required to avoid waiver of the objections.
a. In the event that the Court disallows part or all of any fees or expenses submitted, the appointed attorney may file written objections to the Court's action and request a hearing to show the Court reasons that justify the amount requested on or before the expiration of thirty (30) days from the day that the trial Court disallowed the fee or expense. b. Appointed Attorneys must timely file a request for a hearing under this Rule. c. If the appointed attorney fails to timely request a hearing, the appointed attorney shall be deemed to have waived any objections to the Court's award of attorney fees or expenses.
Page 14 | Rule 22. Procedure for Objections to Court's Award of Appointed Attorney Fees
For an emergency filing, the Court may review copies of a rejected filing whether or not a cause number has been assigned.
If an emergency filing is rejected, the Court, because of the emergency basis of the request, shall have the authority to review copies of a rejected filing (with or without regard to whether the case has been assigned a cause number).
Page 5 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
Filing Fees and Waivers
9. Court costs and fees for such filings are due when the pleading is received and may be paid in cash, credit card, check, or money order, or may be credited against court costs posted in advance by a party; but filing fees must be paid or assessed against a credit card not later than seven (7) days of the filing.
9. Court costs and fees for such filings are due when the pleading is received and may be paid in cash, credit card, check, or money order, or may be credited against court costs posted in advance by a party; but filing fees must be paid or assessed against a credit card not later than seven (7) days of the filing.
Page 4 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
A transferred case incurs no additional fees beyond any difference between the filing fees of the two courts.
On cases that are transferred between courts, no additional fees will be added to what the party has already been charged and paid other than any difference between the filing fees of the courts.
Page 6 | Rule 6. Transfer of Civil Cases within the Courts
Adjournment & Extension Requirements
A preexisting jury-trial setting in another court, by itself, is not a basis to continue either case.
d. The mere setting of a case for jury trial on a date that counsel already has a jury trial setting in another case in another Court is not, in and of itself, a basis for a continuance of either or both cases.
Page 11 | 7. Duty of Counsel
Chambers Communication Rules
The Court must email copies of the emergency orders to the Clerk and County Attorney for filing.
The Court shall grant or deny the emergency orders and e-mail copies to the Clerk and County Attorney for filing the next business day.
Page 5 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
The Clerk must give the rejection notice by email and telephone.
This notice will be done by email and telephone.
Page 5 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
The Clerk must notify the CPS Court by email and telephone when associated emergency orders have been placed in its signing queue.
Once the filing has been either accepted or corrected and accepted, the Clerk shall submit all orders associated with the emergency filing to the CPS Court's signing queue within 1 hour of the filings acceptance and will notify the CPS Court that said orders are in the queue by email and telephone.
Page 5 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
The State must notify the District Clerk of amended indictments or added counts at the earliest practicable time.
The State shall notify the District Clerk of any amended indictments or added counts to a current indictment at the earliest practicable time.
Page 9
Counsel of record must promptly inform each affected court of conflicting jury-trial or other settings.
a. Counsel of record have a duty to timely and promptly inform the affected Courts of any conflicting jury trial settings or other settings.
Page 11 | 7. Duty of Counsel