Upshur County District Court, Texas Filing Timing and Cure Windows

CRITICAL

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Deadline

24 hours

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICAL

Deadline

5 business days

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Deadline

24 hours

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Deadline

3 working days

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Deadline

3 working days

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

WARNINGCriminal cases

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.

WARNING

Deadline

24 hours

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.

INFOCriminal cases

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.

INFOCriminal cases

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.