Upshur County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- If Appearing in Court Before 24 Hour Processing Time
Return of Service
Communication
Phone
Clerk
Document Format Requirements10 rules
Proposed Orders must be submitted as a separate PDF item. (Do not submit proposed orders as a part of the Pleading PDF or behind a transmittal letter);
- File type
Documents must be in a word searchable PDF format;
- File type
Documents must be single item PDFs (Exhibits for a Pleading should be incorporated into the Pleading PDF, but proposed Order should not be incorporated into the Pleading PDF);
- File type
Each document submitted in an envelope must be a separate and complete document. Multiple documents cannot be submitted together; provided, exhibits and attachments are to be included as part of the PDF document to which they are to be incorporated.
Formatting
- •Multiple documents cannot be submitted together
Audio/Video items material must conform to the JCIT standards.
Documents must be in 300 DPI resolution. (For scanned documents, this will require an updated scanner);
Documents must be 8 1/2 by 11 inches;
- Paper size
- Letter
The Filer may include multiple documents in an envelope; provided, all documents must be separate pleadings to be filed in the same cause number.
If the Filer wishes to submit an order through e-Filing, any transmittal letter must be a separate document from the proposed order.
The findings should substantially comply with the form attached as Exhibit "F".
Document Filing Requirements52 rules
You must use real names in the style and the body of your pleading (FC102.008).
If a TRO or Protective Order is being requested, the Filer must adhere to local rules for TRO or Protective Order for hearings.
If it is a pending case, the Filer must insert the cause number, and the Pleading will be referred to as a subsequent filing.
Citations will not be prepared until instructions are provided to the clerk.
If you do need issuance after filing ... procedure will be file subsequent pleading requesting issuance with appropriate fees.
If you require the issuance be mailed back to you, YOU MUST PROVIDE A SELF-ADDRESSED ENVELOPE WITH CORRECT POSTAGE OR ISSUANCE WILL BE HELD UNTIL PROPER FEES ARE PAID.
If issuance is requested the Filer will need to give instructions on how service is to be obtained by a separate e-Filed cover letter.
Make a record of the magistrate warnings and admonitions regarding the right to court appointed counsel for indigent accused persons;
Provide defendant with an Affidavit of Indigence and reasonable assistance in completing said forms;
The magistrate’s record must include the arrest and appearance dates and times, whether the accused was informed of and asked about requesting counsel, and whether the accused requested counsel before the magistrate.
Court's wording
The magistrate shall record the following: - 1. The date and time the accused was arrested and the date and time when he/she was brought before the magistrate. - 2. Whether the magistrate informed the accused of the right to request appointment of counsel and asked the accused whether he/she wants to request counsel. - 3. Whether the accused requested appointment of counsel The magistrate shall record the following: before the magistrate.
The magistrate shall immediately transmit the defendant's Request for Court Appointed Counsel in felony cases to the 115th District Court Coordinator.
If the accused is charged with a felony along with misdemeanors, the Justice of the Peace shall promptly deliver the application to the 115th District Court Coordinator for appointment of counsel.
In misdemeanor cases, the magistrate must immediately transmit the listed orders and application documents to the County Clerk.
Court's wording
The Magistrate shall IMMEDIATELY transmit the Probable Cause Order, the Affidavit of Indigence, Defendant's Request for Court Appointed Counsel and Order Appointing Counsel to the County Clerk in misdemeanor cases.
Each defendant requesting appointed counsel must complete and file a Sworn Application for Court Appointed Attorney.
Court's wording
At the Magistrate's Probable Cause hearing, each defendant shall be provided an opportunity to request court appointed counsel, if indigent. Each requesting defendant shall complete and file a Sworn Application for Court Appointed Attorney (See Exhibit A).
If the accused is charged with a felony and requests court appointed counsel, the Justice of the Peace shall promptly deliver that person's application for appointed counsel to the 115th District Court Coordinator for appointment of counsel.
To be eligible for placement on each list, attorneys must certify under oath to the respective court that he or she has met the following minimum qualifications and that he/she shall personally represent each client to whom he or she is appointed.
Each requesting defendant shall complete and file a Sworn Application for Court Appointed Attorney (See Exhibit A).
Each listed attorney must submit the annual percentage of practice time devoted to specified county appointments on the prescribed form.
Court's wording
By October 15 each year each attorney on the Court Appointment Lists for Misdemeanors, Felonies, Felony Appeals and Juveniles shall submit to Upshur County (on a form prescribed by the Texas Indigent Defense Commission) the annual percentage of the attorney's practice time that was dedicated to work based on appointments accepted in the county under Texas Code of Criminal Procedure Article 26.04 and Title 3 of the Texas Family Code for the preceding year from October 1 through September 30.
A defendant released before the initial appearance may obtain and submit the required counsel-request forms through the Court Coordinator, and the court will rule on requests submitted this way.
Court's wording
If a defendant is released from custody prior to the initial appearance, the forms required to request counsel may be obtained at the Texas Indigent Defense Commission's website at http://tidc.tamu.edu/public.net/ or from the Court Coordinator at 405 N. Titus, Gilmer, Texas 75644. The defendant may submit these forms to the Court Coordinator at 405 N. Titus, Gilmer, Texas 75644. The court will rule on all requests for counsel submitted in this manner.
When the court determines that a defendant has voluntarily and intelligently waived counsel, it must provide a statement substantially in the prescribed form, and a signed statement must be filed as part of the proceedings’ record.
Court's wording
If the court determines that the waiver is voluntarily and intelligently waived, the court shall provide the defendant with a statement substantially in the following form, which, if signed by the defendant, shall be filed with and become part of the record of the proceedings. “I have been advised this ___ day of ___, 2___, by the (name of court) Court of my right to representation by counsel in the case pending against me. I have been further advised that if I am unable to afford counsel, one will be appointed for me free of charge. Understanding my right to have counsel appointed for me free of charge if I am not financially able to employ counsel, I wish to waive that right and request the court to proceed with my case without an attorney being appointed for me. I hereby waive my right to counsel. (signature of defendant)"
An expense request must state, as applicable, the investigation or expert sought, supporting facts, and an itemized list of anticipated expenses.
Court's wording
The request for expenses must state, as applicable: The type of investigation to be conducted or the type of expert to be retained; Specific facts that suggest the investigation will result in admissible evidence or that the services of an expert are reasonably necessary to assist in the preparation of a potential defense; and An itemized list of anticipated expenses for each investigation or each expert.
An appointed attorney shall fill out and submit a fee voucher to the court for services rendered.
If a judge disapproves a request for compensation, the judge shall make written findings, stating the amount of payment that the judge approves and each reason for approving an amount different from the requested amount.
The appeal motion must include the listed case, offense, appointment, disposition, appearance, conference, and payment-itemization information.
Court's wording
The appealing attorney shall set forth in his motion the following information: The cause number, style and caption of the case; The type and classification of the offense; The date the attorney was appointed; The date the case was disposed; Whether the case was disposed of by dismissal, plea, bench trial, or jury trial; The date and length of each court appearance within the nearest one-tenth of an hour, if the attorney is requesting to be compensated based upon an hourly fee; The date of each office conference or jail conference and the time spent within the nearest one-tenth of an hour; A copy of any itemization submitted to the trial court for the purpose of payment including a statement of each date a service was rendered, the type of service rendered, the time expended in the rendering of said service, the expenses incurred, and a statement explaining any attached vendor's invoice or expert's services invoice;
State the reasons for the denial in writing; Attach the denial to the confidential request; and
The attorney shall attach a copy of the trial court's revised payment order to said notice.
The trial court shall file a copy of the revised payment order with the Presiding Judge of the Administrative Judicial Region.
The appeal motion must attach the disapproval order, if any, and the county's attorney fee schedule adopted under the Texas Fair Defense Act.
Court's wording
The appealing attorney shall attach the following documents to the motion: A copy of the trial court's order disapproving the requested court appointed attorney's fee, if any; and A copy of the county's attorney fee schedule adopted pursuant to the Texas Fair Defense Act.
The appeal motion must describe unusual efforts in representing the defendant, give the fee-order signing date, and explain in detail how the disapproval deviated from the county's approved fee schedule.
Court's wording
Any factors that require unusual effort on the attorney's part to overcome in the representation of the defendant including but not limited to, need for an interpreter, uncharged crimes and Penal Code Section 12.45 issues, multiple defendant, etc.; The date the fee order, the subject of the motion, was signed; A detailed statement by the attorney explaining how the trial court's order disapproving the requested court appointed attorney's fee deviated from the county's approved fee schedule adopted under the Texas Fair Defense Act.
The attorney must file the original motion with the clerk where the case is pending and certified copies with the Presiding Judge and the trial court.
Court's wording
The appealing attorney shall file the original of the motion with the clerk of the court in which the case is pending, and shall file a certified copy of the motion with the Presiding Judge of the Administrative Judicial Region and with the trial court.
If a revised order resolves the dispute to the attorney's satisfaction, the attorney must file a notice withdrawing the appeal with the Presiding Judge, after which the motion is moot.
Court's wording
If a revised payment order is entered resolving the dispute to the satisfaction of the appealing attorney, the attorney shall filed with the Presiding Judge a notice withdrawing the appeal. The motion will then be deemed moot and no further action will be taken by the Presiding Judge of the Administrative Judicial Region.
The Presiding Judge shall sign an order than substantially conforms to the form order attached as Exhibit "G".
THIS FORM SHALL BE COMPLETED UNDER OATH
Should any change in this information occur, I understand that I must within 30 days of such change file an Amended Affidavit with the 115th District Court in Gilmer, Texas.
I understand that I have a continuing duty to file an Amended Affidavit within 30 days of the date any of the above information changes.
It is ORDERED that compensation for attorney's fees and expenses, submitted to the Court on the prescribed Attorney Fee Voucher, shall be on a case-by-case basis as determined by the Judge.
A. In capital and non-capital felony criminal cases appointed counsel will be be reimbursed for reasonable expenses that are incurred upon motion and application. Whenever possible prior court approval should be obtained before expenses are incurred.
B. In capital felony criminal cases appointed counsel will be reimbursed for reasonable expenses that are incurred provided court approval has been granted upon motion and application.
C. Appointed counsel may incur investigative or expert expenses without prior approval of the court on presentation of a claim for reimbursement, the court shall order reimbursement of counsel for the expenses, if the expenses are reasonably necessary and reasonable incurred. Unreasonable or unnecessary expenses will not be approved.
Request for payment of fees and/or expenses shall be submitted to the Court on the prescribed Attorney Fee Voucher.
21. Attorney Certification – I, the undersigned attorney, certify that the above information is true and correct and in accordance with the laws of the State of Texas. The compensation and expenses claimed were reasonable and necessary to provide effective assistance of counsel.
Filings will be rejected for Correction if incomplete information.
If the EFSP reports “No Case Found,” the filer should verify the cause number and county before proceeding.
Court's wording
Depending on which EFSP is used, the Filer may receive a message that says "No Case Found". The Filer should check and make sure that the cause number is correct, the county is correct and then proceed.
Party will submit order to judge and after approval and signature order will be filed with the clerk and scanned into e-File into case management system.
The Filer should insert the parties, names, addresses, court information and county in the EFSP software just as it is in the petition.
The affidavit must include the official telephone and facsimile numbers the court will use to notify counsel of appointments or hearings.
Court's wording
These numbers shall be included on the "Affidavit of Licensed Attorney Residing or Having an Office for the Practice of Law in Upshur County, Texas" and shall be the official numbers which will be utilized by the court to inform counsel of appointment or court hearings.
I have completed 10 hours of continuing legal education courses relating to criminal defendants in the 12 months preceding this application. (Attach proof).
I have checked below all applicable provisions and have completed the requested information below with full, complete, and true answers.
I have averaged 10 hours of continuing legal education courses relating to criminal defendants for the past 2 years (Attach proof).
I have completed at least 6 hours of continuing legal education pertaining to juvenile law in the 12 months preceding this application (Attach proof).
Please describe your formal educational background including high school, college, graduate programs, law school, etc. Please state decrees earned and dates those decrees were earned.
Appointed counsel may file with the trial court a pretrial ex parte confidential request for advance payment of investigative and expert expenses.
Filing & Service rules
Electronic Filing Rules
Filers must submit e-filings through an EFSP.
The Filer submits the e-Filing through an EFSP.
Page 1 | Submitting a Pleading for Filing:
Civil filings must be submitted electronically, except qualified emergency filings and pleadings submitted by pro se litigants.
The Upshur County District Clerk's office is mandated to begin e-File on January 1, 2015. The mandate covers all civil filings submitted to the District Clerk's office, excluding qualified Emergency Filings and pleadings submitted by Pro Se litigants.
Page 1 | E-Filing in Upshur County:
If a filer cannot obtain an order sealing sensitive information, the filing must be made over the counter.
If the Filer is submitting sensitive information, and cannot obtain an order sealing it, file over counter.
Page 2 | Confidential Information:
Confidential information must not be sent through e-filing.
DO NOT SEND CONFIDENTIAL INFORMATION THROUGH E-FILING.
Page 2 | Confidential Information:
The separate cover letter for a request for issuance must be e-filed.
If issuance is requested the Filer will need to give instructions on how service is to be obtained by a separate e-Filed cover letter.
Page 3 | Issuance and County Service Fees (Citation, Notices, etc.)
Court orders such as final decrees and final judgments may be handled in paper form or by e-filing.
Order of the court final decrees, final judgment, etc. (Minutes of the court) will be handled in paper form or e-File.
Page 2 | Orders:
Filing Timing and Cure Windows
All signed orders must be brought to the district clerk's office immediately after signing.
All orders are to be brought immediately to the district clerk's office after signing of the order to ensure document is filed in the case management system.
Page 2 | Orders:
For issuance in expunctions and foreclosures, service copies must be delivered to the District Clerk's Office within five business days of filing.
THE SERVICE COPIES WILL NEED TO BE DELIVERED TO THE DISTRICT CLERK'S OFFICE WITHIN 5 BUSINESS DAYS OF FILING FOR THE ISSUANCE ON EXPUNCTIONS AND FORECLOSURES.
Page 3 | Issuance and County Service Fees (Citation, Notices, etc.)
The Magistrate must transmit the misdemeanor appointment documents to the County Clerk immediately.
The Magistrate shall IMMEDIATELY transmit the Probable Cause Order, the Affidavit of Indigence, Defendant's Request for Court Appointed Counsel and Order Appointing Counsel to the County Clerk in misdemeanor cases.
Criminal cases
Page 3 | PROCEDURES AND FINANCIAL STANDARDS FOR DETERMINING INDIGENCE STATUS
After counsel is appointed in a felony case, the 115th District Court Coordinator must immediately notify the District Clerk.
After appointment of counsel in felony cases, the 115th District Court Coordinator shall immediately notify the District Clerk of the appointment.
Criminal cases
Page 3 | PROCEDURES AND FINANCIAL STANDARDS FOR DETERMINING INDIGENCE STATUS
The Magistrate must immediately transmit the felony-case counsel request to the 115th District Court Coordinator.
The magistrate shall immediately transmit the defendant's Request for Court Appointed Counsel in felony cases to the 115th District Court Coordinator.
Criminal cases
Page 3 | PROCEDURES AND FINANCIAL STANDARDS FOR DETERMINING INDIGENCE STATUS
A counsel request by someone arrested on an out-of-county warrant must be transmitted to the issuing county’s appointing authority within 24 hours.
Requests for counsel made by persons arrested on out-of-county warrants must be transmitted to the appointing authority of the county issuing the warrant within 24 hours of the request being made.
Criminal cases
Page 3
The County Clerk must immediately notify the County Judge’s Office of the appointment.
The County Clerk shall IMMEDIATELY notify the County Judge's Office of the appointment.
Criminal cases
Page 3 | PROCEDURES AND FINANCIAL STANDARDS FOR DETERMINING INDIGENCE STATUS
For a felony-case request for a lawyer, the Justice of the Peace must promptly deliver the application to the 115th District Court Coordinator, within three working days.
Further, if a request for a lawyer is made in a felony case, the Justice of the Peace shall promptly have that application delivered to the 115th District Court Coordinator for appointment of counsel within three (3) working days.
Criminal cases
Page 3 | PROCEDURES AND FINANCIAL STANDARDS FOR DETERMINING INDIGENCE STATUS
Justices of the Peace must review the financial information, determine indigence, and appoint counsel where required within three working days after receiving the request.
In making court appointments of counsel for indigents the Justices of the Peace shall review the Affidavit of Indigence and such other information bearing on the financial status of the defendant and make a determination of indigence status and appoint counsel where required by law within 3 working days after receiving the request for court appointed counsel.
Criminal cases
Page 3 | PROCEDURES AND FINANCIAL STANDARDS FOR DETERMINING INDIGENCE STATUS
The request for counsel and required documents must be transmitted to the appointing authority within 24 hours of the request.
When an eligible defendant submits the required documents for the appointment of counsel, the request and documents required will be transmitted to the appointing authority (the court or the court's designee) within 24 hours of request.
Criminal cases
Page 6 | PROMPT APPOINTMENT OF COUNSEL
The annual appointment-practice percentage submission is due by October 15 each year.
By October 15 each year each attorney on the Court Appointment Lists for Misdemeanors, Felonies, Felony Appeals and Juveniles shall submit to Upshur County (on a form prescribed by the Texas Indigent Defense Commission) the annual percentage of the attorney's practice time that was dedicated to work based on appointments accepted in the county under Texas Code of Criminal Procedure Article 26.04 and Title 3 of the Texas Family Code for the preceding year from October 1 through September 30.
Criminal cases
Page 6 | RESPONSIBILITY OF COURT APPOINTED COUNSEL
An attorney appealing disapproval of a requested appointed-attorney fee must file a motion with the Presiding Judge within 20 days after the trial court signs the disapproval order.
An attorney who chooses to appeal the trial court's disapproval of the requested attorney's fees shall file a motion with the Presiding Judge of the Administrative Judicial Region within twenty (20) days of the trial court's signing of an order disapproving the requested court appointed attorney's fee.
Criminal cases
Page 13 | DUTIES OF ATTORNEY SEEKING REVIEW OF TRIAL COURT'S ORDER
If the trial court does not enter a revised payment order, it must file written findings detailing its reasons for disapproval within 5 days after the motion is filed.
If the trial court does not enter a revised payment order, the trial court shall, within five (5) days of the filing of the motion, file written findings that set forth in detail the reason(s) for disapproving the requested attorney's fee.
Criminal cases
Page 14 | DUTIES OF ATTORNEY SEEKING REVIEW OF TRIAL COURT'S ORDER
The Presiding Judge must defer ruling for at least 10 days after the motion is filed to allow further trial-court review.
The Presiding Judge of the Administrative Judicial Region shall abate any ruling on the motion for a period of not less than ten (10) days from the filing of the motion pending an opportunity for further review by the trial court.
Criminal cases
Page 14 | DUTIES OF ATTORNEY SEEKING REVIEW OF TRIAL COURT'S ORDER
If the revised order does not fully resolve the dispute to the attorney's satisfaction, the attorney must file a notice of contest with the Presiding Judge and trial court within 5 days after the revised order is signed.
If the trial court's revised payment order does not fully resolve the issue to the satisfaction of the appealing attorney, the attorney shall, within five (5) days of the signing of the trial court's revised payment order, file with the Presiding Judge of the Administrative Judicial Region and the trial court a notice stating that the matter remains subject to contest.
Criminal cases
Page 14 | DUTIES OF ATTORNEY SEEKING REVIEW OF TRIAL COURT'S ORDER
Within 5 days after the notice of contest is filed, the trial court must file written findings detailing its reasons for disapproving the requested fee.
The trial court shall, within five (5) days of the filing of the notice of contest, file written findings that set forth in detail the reason(s) for disapproving the requested attorney's fee.
Criminal cases
Page 14 | DUTIES OF ATTORNEY SEEKING REVIEW OF TRIAL COURT'S ORDER
If information in the affidavit changes, the applicant must file an amended affidavit with the 115th District Court within 30 days of the change.
Should any change in this information occur, I understand that I must within 30 days of such change file an Amended Affidavit with the 115th District Court in Gilmer, Texas.
Criminal cases
Page 17 | EXHIBIT "C" — ATTORNEY APPLICATION FOR INCLUSION ON PUBLIC APPOINTMENT LIST
Missing the bill-submission deadlines waives compensation and makes the services pro bono unless good cause is shown.
I understand and acknowledge that failure to comply with these time requirements shall result in my waiver of right for such compensation and my services will have been performed PRO BONO unless good cause is shown.
Criminal cases
Page 21
An Amended Affidavit must be filed within 30 days after any of the listed information changes.
I understand that I have a continuing duty to file an Amended Affidavit within 30 days of the date any of the above information changes.
Criminal cases
Page 21
A bill for indigent legal representation following a plea or bench trial must be submitted on the date the case is disposed of.
I understand that I must timely submit by bill for: - 1. Indigent legal representation on the date a case is disposed of by a plea or bench trial; or - 2. Indigent legal representation within 15 days of the date of judgment in a jury trial; or - 3. Indigent appeal representation within 15 days of the date a mandate is returned on appeal.
Criminal cases
Page 21
The voucher shall be submitted to the Court on the date of disposition of a case by plea or bench trial, within fifteen days of the date of
The voucher shall be submitted to the Court on the date of disposition of a case by plea or bench trial, within fifteen days of the date of
Criminal cases
Page 24 | IV. REQUEST FOR PAYMENT OF ATTORNEY'S FEES AND EXPENSES
Payment requests must meet the applicable dates, including the stated 15-day deadline after an appellate mandate is returned; late requests will not be paid unless good cause is shown.
verdict in a jury trial, or within fifteen days of the date the mandate is returned on appeal. Request for payment of fees and/or expenses submitted to the Court after the dates listed above shall not be paid unless good cause is shown.
Criminal cases
Page 25
Allow 24 hours for an e-filed submission to be processed.
WHEN SUBMITTING A FILING THROUGH E-File, please allow 24 hours for the e-Filing to be processed.
Page 3 | Time for Process e-Filing
An attorney whose request for payment is disapproved or is not otherwise acted on by the 60th day after the date the request for payment is submitted may appeal the disapproval or failure to act by filing a motion with the presiding judge of this administrative judicial region.
An attorney whose request for payment is disapproved or is not otherwise acted on by the 60th day after the date the request for payment is submitted may appeal the disapproval or failure to act by filing a motion with the presiding judge of this administrative judicial region.
Criminal cases
Page 12 | Payment Process
Attorneys may apply for a Public Appointment List twice a year, on or before January 1 and July 1.
Twice a year, on or before January 1 and July 1, attorneys may apply to be included on one of the Public Appointment Lists.
Criminal cases
Page 3 | ATTORNEY QUALIFICATIONS
After receiving the motion, the trial court may enter a revised payment order within the 10-day period following the motion's filing.
After receiving the motion, the trial court may enter a revised payment order within the ten (10) day period following the filing of the motion.
Criminal cases
Page 14 | DUTIES OF ATTORNEY SEEKING REVIEW OF TRIAL COURT'S ORDER
Service and Proof of Service Rules
Certified copies cannot be sent by email.
No certified copies can be emailed.
Page 2 | Submitting a Pleading for Filing:
Do not file duplicate returns of service.
NOTICE---PLEASE DO NOT FILE DUPLICATE RETURNS OF SERVICE.
Page 3 | Issuance and County Service Fees (Citation, Notices, etc.)
The District Clerk accepts service fees only for service by law enforcement or certified mail.
The District Clerk will only accept fees for service by law enforcement or certified mail.
Page 3 | Issuance and County Service Fees (Citation, Notices, etc.)
Filing Fees and Waivers
The filer must add the correct statutory fees; the submission is subject to rejection.
The correct statutory fees are to be added by the filer and are subject to rejection.
Page 2 | Fees:
The Upshur County District Clerk charges a $2.00 fee per envelope in addition to court costs.
In addition to court costs Filer will be charged a fee of $2.00 per envelope by the Upshur County District Clerk's office. Gov't Code 72.031
Page 3 | Fees
Submissions with incorrect fees may be rejected or returned, and correct fees are needed for approval.
Submissions may be rejected/returned for incorrect fees. Selecting the correct case type and/or document type, and the submission of correct fees are critical for the approval of the submission.
Page 3 | Fees
A request for issuance made after filing must include the appropriate fees.
If you do need issuance after filing ... procedure will be file subsequent pleading requesting issuance with appropriate fees.
Page 3 | Issuance and County Service Fees (Citation, Notices, etc.)
When a service document is needed, include payment for sufficient copies when requesting issuance through the e-filing system, except for expunctions and foreclosures.
If a service document is needed, you will need to include payment of copies upon request of issuance for sufficient copies of the documents through the e-Filing system---- EXCEPT FOR EXPUNCTIONS AND FORECLOSURES.
Page 3 | Issuance and County Service Fees (Citation, Notices, etc.)
Issuance requested for return by mail will be held until proper fees are paid if the required postage is not provided.
If you require the issuance be mailed back to you, YOU MUST PROVIDE A SELF-ADDRESSED ENVELOPE WITH CORRECT POSTAGE OR ISSUANCE WILL BE HELD UNTIL PROPER FEES ARE PAID.
Page 3 | Issuance and County Service Fees (Citation, Notices, etc.)
E-filing fees are determined by the case type and document type.
When submitting a document for e-Filing, the case type and document type will determine fees charged.
Page 2 | Fees:
For expunctions and foreclosures, the filer may provide copies for issuance or choose to pay $1.00 per page for copies.
YOU MAY PROVIDE COPIES FOR THE ISSUANCE WITH EXPUNCTIONS AND FORECLOSURES, UNLESS FILER CHOOSES TO PAY FOR COPIES AT $1.00 PER PAGE.
Page 3 | Issuance and County Service Fees (Citation, Notices, etc.)
EFSP screens allow filers to select additional services or pay additional fees.
EFSP screens will allow Filer to select additional services or pay additional fees.
Page 2 | Fees:
Payment for a process server is handled directly between the filer requesting service and the process server.
The payment of process server will be strictly between the Filer (party requesting the service) and process server.
Page 3 | Issuance and County Service Fees (Citation, Notices, etc.)
A hold will be placed on funds needed for the transaction.
"hold" will be placed on the amount of funds needed for the transaction.
Page 3 | Fees
Courtesy Copy Requirements
A filer appearing in court before the 24-hour processing period ends must provide the Court with a courtesy copy of the filing.
If the Filer is appearing in court prior to the 24 hour processing time, the Filer will need to provide a courtesy copy of the filing to the Court.
Page 3 | Time for Process e-Filing
Do not provide an attorney courtesy copy when the process server is making a return to the court.
IF PROCESS SERVER IS MAKING A RETURN TO THE COURT THEN WE DO NOT WANT THE ATTORNEY'S COURTESY COPY FOR THE FILE.
Page 3 | Issuance and County Service Fees (Citation, Notices, etc.)
Sealing & Redaction Procedures
A filer with a document containing confidential information should obtain an order sealing it before filing.
If the Filer possesses a document with confidential information, the Filer should obtain an order sealing document prior to filing.
Page 2 | Confidential Information:
The request and denial must be submitted to the record as a sealed exhibit.
Submit the request and denial as a sealed exhibit to the record.
Criminal cases
Page 13
Chambers Communication Rules
If confidential information is submitted for filing, the filer must notify the clerk so the applicable redaction statutes are followed.
The Filer must notify clerk if confidential information is submitted for filing so proper statutes are followed in redaction.
Page 2 | Confidential Information:
After receiving confirmation that a pleading has been accepted, the filer should call the Court Administrator to schedule a hearing.
Upon receipt of confirmation that a submitted pleading has been accepted, the Filer should call the Court Administrator to schedule a hearing date and time.
Page 2 | Motions needing hearing dates:
The attorney must give both judges written notice of changes to the notification numbers before the change.
I will give written notice of any change in these notification numbers to the 115th District Judge and Upshur County Judge prior to the change.
Criminal cases
Page 20 | VI. CERTIFICATION
The attorney must update the court annually regarding continuing legal education in criminal and/or juvenile law.
- ( ) I will update the court on an annual basis regarding my continuing legal education in criminal and/or juvenile law.
Criminal cases
Page 20
Filers unsure of the correct fees should call the District Clerk's office at 903-843-5031.
If you are unsure of the correct fees, please call the Upshur County District Clerk's office at 903-843-5031.
Page 2 | Fees: