Starr County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements17 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.
Upon receipt of that certification, the Starr County District Clerk shall file a copy in the records of this Court and shall note the Commencement Date upon this Order.
Notice shall be given in both English and Spanish.
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.
Judicial proceedings may commence at the Annex on the date the County Judge certifies in writing, after the specified consultations, that the facility is ready for occupancy and the requirements of Sections 5, 6, and 7 are satisfied.
Court's wording
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.
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.
During the Relocation Period, every listed jury-service document must identify the Zarsky Judicial Annex by its full name and street address and include directions and parking information.
Court's wording
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.
During the Relocation Period, the District Clerk and County Clerk must establish written protocols, as needed, for handling and securing court records consistent with applicable law, retention schedules, and rules.
Court's wording
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.
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.
- Document
- Cover sheet
Must include
- •Page count
The Court Pre-Trial Order shall reflect action taken at any pre-trial conference which order shall control the proceedings until the matter is finally disposed of or modified by the Court.
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
In the Order giving a case a special or preferential trial setting, the Court shall state specific reasons for such setting.
Counsel shall state, whether in a motion for continuance or a notice of conflicting jury trial settings, which case has priority under these Rules.
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.
A fee voucher must cover all services for one client and itemize the time, date, and service rendered.
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.
The Court will include a cover page with any facsimile transmitted Orders.
Filing & Service rules
Electronic Filing Rules
The sender must personally review the Clerk's files to verify the integrity or existence of electronically transmitted pleadings or documents.
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
The originals must be filed with the District Clerk for placement in the Court file.
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
Electronically transmitted pleadings and documents for filing must be addressed to the District Clerk.
Pleadings and documents electronically transmitted for filing must be addressed to the District Clerk.
Page 4 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
Senders must maintain or file the originals of electronically transmitted pleadings or documents when required by law.
Senders of electronically transmitted pleadings or documents must maintain or file the originals, as may be required by law.
Page 4 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
Returns of service and bonds may not be filed electronically unless law or Supreme Court of Texas rules permit it.
Returns of service and bonds may not be filed electronically, unless permitted by law or Rules promulgated by the Supreme Court of Texas.
Page 4 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
The District Clerk or deputies must scan and electronically file pro se pleadings under the electronic-filing rules.
The District Clerk and/or its deputies shall scan and e-file pro se pleadings as per electronic filing rules.
Page 6 | Rule 6. Transfer of Civil Cases within the Courts
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 | 6. Filing and records
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 | 6. Filing and records
Pleadings, documents, and court orders may be filed electronically with the appropriate Clerk and are treated as originals, subject to the stated statutory provision.
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 electronically transmitted to the Clerk for filing, including by email or facsimile.
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.
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
Filing fees must be paid or charged to a credit card no later than seven days after filing.
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
The Clerk must make signed orders 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 Clerk may reject a pleading only when authorized under the Supreme Court of Texas electronic-filing order; other rule-based rejections require a court order.
11. 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 prioritize and address Child Protection cases immediately.
12. Child Protection cases shall take priority and be addressed immediately by the Clerk.
Page 5 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
After an emergency filing is accepted or corrected and accepted, the Clerk must submit its associated orders to the CPS Court signing queue within one hour of acceptance.
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 Court must email copies of emergency orders 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
State-agent filings must be reviewed and filed within one hour of filing, or, if filed after hours, 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
When a pleading or motion is filed, the Clerk must accept it and stamp it with the filing date and time, then sign and print the Clerk’s 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 a judge receives an application for immediate or temporary relief while the Clerk’s office is closed or during an officially declared emergency, any pleadings and order must be filed with the District Clerk the next business day.
The pleadings and the Order, if any, shall be filed with the District Clerk the next business day
Page 8 | Rule 10. Temporary, Emergency, and Ex Parte Orders
The appointed attorney must submit a fee-and-expense voucher on the Court’s 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 file written objections and request a hearing within 30 days after fees or expenses are disallowed; failure to timely request a hearing waives 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
The relocation order does not change any existing deadline.
It does not enlarge, diminish, or otherwise affect the jurisdiction of this Court; does not alter venue in any case; does not alter any term of this Court; does not transfer, consolidate, sever, or reassign any case; and does not affect any deadline.
Page 3 | 5. No effect on jurisdiction, venue, terms, or pending cases
Service and Proof of Service Rules
The District Clerk must transmit conformed copies of the Order to the listed county and judicial officials and entities.
The Starr County District Clerk is directed to enter this Order in the minutes of this Court, to file it in the miscellaneous or administrative docket of this Court,and to transmit conformed copies to: the Starr County Judge and the Commissioners Court of Starr County; the Local Administrative District Judge of Starr County; the Presiding Judge of the Administrative Judicial Region in which Starr County is located; the Texas Office of Court Administration; the 229th Judicial District Attorney; the Stan- County Attorney; the Stan County District Clerk; the Stan County Clerk; and the Stan County Sheriff.
Page 5 | 12. Entry and distribution
Filing Fees and Waivers
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.
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
No additional fees may be charged for a case transferred between courts, except for any difference between the courts’ filing fees.
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 court will not accommodate trial counsel to attend a previously set non-jury hearing in another county unless good cause exists.
A Court involved in a jury trial will not accommodate trial counsel to attend to a non-jury hearing in another county that was previously set except for good cause.
Page 11
A conflicting jury trial setting in another court, by itself, is not a basis for continuing either case.
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
A court may, but is not required to, accommodate trial counsel who needs to attend a previously set non-jury hearing in the same county.
A Court involved in a jury trial may, but need not, accommodate trial counsel to attend to a non-jury hearing in this county that was previously set.
Page 11
Chambers Communication Rules
When a State-agent filing is rejected for not conforming to Supreme Court of Texas filing requirements, the Clerk must immediately notify the agent of the reason by email.
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. This notice will be done by email and telephone.
Page 5 | Rule 5. Electronically Transmitted Pleadings, Documents and Court Orders
The Court must email copies of emergency orders 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
The Clerk must notify the CPS Court by email that the emergency filing’s associated orders are in the 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 as soon as practicable.
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 timely and promptly inform affected courts of conflicting jury trial settings or other settings.
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
The District Clerk or deputies will assist pro se litigants with filing procedures, including electronic filing.
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