Webb County Courts at Law Filing Timing and Cure Windows

CRITICAL

A document is deemed delivered to the clerk and filed when sent to the filer’s EFSP, subject to the Sunday-filing exception in Rule 4.3(h).

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.

CRITICAL

Electronic transmission alone does not complete filing; filing is complete when the official date and file stamp is placed on the document.

Electronic transmission of a document does not constitute Filing Is complete the official date and stamp is to the document.

CRITICAL

If a transmission is incomplete or required costs or fees are not paid, the sender must be notified as soon as practicable that the document was not filed and why.

If is found to be lnco111 or court costs or if requ are not as soon as practicable that hus not been filed and the reason.

CRITICAL

After the stated completeness and payment-authorization steps, the electronically transmitted documents are deemed accepted for filing.

The is complete. shall confirm charge authorization or escrow account and note the authorization code on the cost receipt. . the documents electron Iy shall be deemed accepted filing and the the c s official file stamp to document.

CRITICAL

The clerk must decide whether to accept a document by the first business day after receiving it from TexasOnline; if the clerk does not timely accept or reject it, it is deemed accepted and filed.

(e) 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. The district clerk shall handle electronically-transmitted documents that are filed in connection with an affidavit of inability to afford court costs in the manner required by TEX. R. CIV. P. 145. If the clerk fails to accept or reject a document within the time period, the document is deemed to have been accepted and filed.

CRITICAL

For an accepted document, the clerk must record the filer’s EFSP transmission date and time as the filing date and time, subject to the Sunday exception.

(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.

CRITICAL

Attorneys must forward miscellaneous documents relating to the case for filing upon receipt.

will be forwarded by the attorney upon receipt

CRITICAL

Except for the listed proceedings, a document commencing a civil suit transmitted on Sunday is deemed filed the succeeding 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.

WARNING

Transmissions after 5:00 p.m., on weekends or holidays will verified filed before 10:00 a.m. on first business following

Transmissions after 5:00 p.m., on weekends or holidays will verified filed before 10:00 a.m. on first business following

WARNING

Upon receipt of an electronically transmitted document, the clerk must determine whether the transmission is complete.

The cl upon pt an electron ly transmitted document shall the completeness of the transmission.

CRITICAL

The court recorder must file the reporter’s record with the court of appeals within 15 days after the appeal is perfected.

The court recorder shall file the reporter’s record with the court of appeals within fifteen days after the perfection of an appeal.

CRITICAL

The final sworn filing must be supplemented no later than seven days before trial.

A final sworn shall supplemented on or before and no later than seven (7) days hATA,.A trial.

CRITICALCriminal cases

An attorney may be removed for failing to submit the annual request to remain on the list by October 1 to the Office Webb County of Pre-Trial Services.

4. The attorney fails to submit the request to remain on the list on or by October I ". of each year to the Office Webb County of Pre-Trial Services.

CRITICAL

Failure to object to an exhibit's authenticity in advance of trial concedes authenticity.

b. A party authentication of an exhibit must notify the counsel in writing within five (5) days after the exhibit is listed and made available; failure to object in advance of trial in concedes authenticity.

CRITICAL

UA,""v~~" who are anticipated as being called of deposition video or deposition by 10 days Hearing.

UA,""v~~" who are anticipated as being called of deposition video or deposition by 10 days Hearing.

CRITICAL

Defendants must file non-constitutional motions seven days before the motion setting.

defendant must file all non-constitutional motions seven days the Motion as required by the of ure 28.01

CRITICAL

The text appears to set a deadline of seven days before the hearing for designations or related material concerning video or written deposition testimony.

Any and/or designations to or written deposition testimony shall 7 days Hearing.

CRITICALCriminal cases

An attorney must submit a payment request within 90 days after the case is resolved; a late request is allowed only with the juvenile court judge’s approval after good cause is shown.

Any attorney who fails to submit a request for payment after 90 days from the date that the case has been resolved shall not be able to file any late requests for payments, unless approved by the juvenile court judge after good cause has been shown.

CRITICAL

Jury trial requests made after pre-trial hearings are untimely.

Requests for jury trial made after pre-trial hearings are deemed untimely.

CRITICAL

All pre-trial including motions in must be by set line.

All pre-trial including motions in must be by set line.

CRITICAL

In disputed di vision cases, shall tile a sworn appraisement as set out in 4.17 of these local and shall submit to and opposing counsel not later than commencement of a proposed property division including property claimed or recognized as separate property.

In disputed di vision cases, shall tile a sworn appraisement as set out in 4.17 of these local and shall submit to and opposing counsel not later than commencement of a proposed property division including property claimed or recognized as separate property.

CRITICAL

An appearance must be entered immediately upon employment or court appointment.

Enter an Appearance Immediately upon employment or upon court appointment

CRITICALCriminal cases

Vouchers for payment are due within 90 days from final disposition or completion of appellate proceedings if the case is appealed.

Vouchers for payment are due within 90 days from final or completion of appellate ifcase is appealed,

CRITICAL

A case will be set on the non-jury a demand for jury is on file and jury fee is paid thirty days trial to Tex. C 216.

A case will be set on the non-jury a demand for jury is on file and jury fee is paid thirty days trial to Tex. C 216.

CRITICAL

All responses to motions, supporting briefs andlor copies case law counsel are on are to be filed three before the date of any

All responses to motions, supporting briefs andlor copies case law counsel are on are to be filed three before the date of any

CRITICALCriminal cases

Deadline

24 hours

In the specified out-of-county warrant situation, the magistrate must transmit the appropriate counsel-request forms without unnecessary delay and no later than 24 hours after the person requests appointed counsel.

F. If the arrested person is taken before a magistrate of a county other than the county that issued the warrant, the magistrate shall, if the person is indigent and is entitled to and requests appointed counsel, without unnecessary delay but not later than 24 hours after the person requests the appointment of counsel, transmit, or cause to be transmitted, the appropriate request forms to a court or the courts designee authorized under Article 26 .04 to appoint counsel for indigent defendants in the county issuing the warrant.

CRITICAL

Opposing counsel must file objections to a proposed judgment within three working days of receipt.

Opposing counsel shall file any objections to the proposed judgment and/or within three working receipt of proposed judgment.

CRITICALCriminal cases

An appeal motion concerning disapproved payment must be filed within 20 [unit not legible in the source] from receiving notice.

This motion must be filed within (20) from the date the attorney receives notice of the disapproval of payment.

CRITICALCriminal cases

A voucher not submitted within 90 of final disposition, or completion of appellate proceedings if the case is appealed, will be treated as a donation of the attorney’s time and talent.

Failure to submit your voucher for payment within 90 from final disposition or completion of appellate proceedings, if case is will be deemed to be a donation of the attorney time and talent and will be pro bona.

CRITICAL

c. Within reason, other objections to admissibility of exhibits must be made at least three (3) before trial; the Co urt will be notified in disputes. with of the disputed exhibit and authority.

c. Within reason, other objections to admissibility of exhibits must be made at least three (3) before trial; the Co urt will be notified in disputes. with of the disputed exhibit and authority.

CRITICALCriminal cases

In the stated circumstances, the magistrate must transmit the appropriate appointment request forms without unnecessary delay and no later than 24 hours after the request for counsel.

If the arrested juvenile is taken before a magistrate of a county other than the county that issued the warrant, the magistrate shall, if the juvenile or the juveniles guardian/parent is indigent and is entitled to and requests appointed counsel, without unnecessary delay but not later than 24 hours after the person requests the appointment of counsel, transmit, or cause to be transmitted, the appropriate request forms to a court or the courts designee authorized under Article 26.04 to appoint counsel for indigent defendants in the county issuing the warrant.

CRITICAL

In Level 3 and cases designated as Cases pursuant to Local Rule are to submit a of to Court 60 the Hearing.

In Level 3 and cases designated as Cases pursuant to Local Rule are to submit a of to Court 60 the Hearing.

CRITICAL

A document transmitted to the filer’s EFSP by its filing deadline must be filed as timely if the clerk receives it no more than ten 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 document, if received by the clerk not more than ten days tardily, shall be filed by the clerk and deemed filed in time.

CRITICAL

The order takes effect when the original petition is filed, remains a temporary restraining order for fourteen days, continues as a temporary injunction if uncontested at a hearing by then, and terminates when the court signs a final order.

This order is effective upon the filing of the original petition and shall remain in full force and effect as a temporary restraining order for fOUl1een days after the date of the filing 0 the original petition. If no party contests this order by presenting evidence at a hearing on or before foul1een days after the date of the filing of the original petition, this order shall continue in full force and effect as a temporary injunction until further order of the court. This entire order will terminate and wilJ no longer be effective once the court signs a final order.

CRITICALCriminal cases

Deadline

24 hours

The magistrate must transmit each request for counsel to the appointing authority within 24 hours after the request is made.

E. The magistrate will transmit all requests for counsel to the appointing authority within 24 hours of the request being made.

CRITICAL

Electronic filing does not change any applicable filing deadline.

The electronic filing of a document does not alter any filing deadlines.

CRITICALCriminal cases

Deadline

5 working days

For a juvenile who is not detained, counsel must be appointed on or before the fifth working day after service of the petition or specified motion.

D. If not detained, counsel must be appointed on or before the 5th working day aiter the date of the petition for adjudication, motion to modify, or discretionary transfer hearing was served.

WARNING

Deadline

48 hours

Written advisories about conflicting court-scheduled hearings are highly encouraged and should be filed at least 48 hours before the hearing or as soon as the scheduling conflict arises.

Written advisories, filed well in advance of a court hearing, regarding conflicting court- scheduled hearings are highly encouraged and reflect consideration to the Court and opposing counsel. Advisories should be filed at least 48 hours before a hearing for proper consideration—or as soon as a scheduling conflict arises.

WARNINGCriminal cases

The annual statement is due no later than October 15.

(C) Every year, an attorney is to submit a statement in which the attorney an appointment in an adult criminal or juvenile case the fiscal year that on October I and ends on 30, year 20 13-20 14, The statement is due no later than October 15,

WARNINGCriminal cases

Attorneys must file a new application annually by October 1.

Thereafter, all attorneys are to file a new by October I , of every year and continuing annually until this rule is amended.

WARNING

Vacation designations must be filed with the district clerk at least 15 days before the vacation.

designation(s) must be tll with the district clerk (with to all courts of 10 than fifteen (15) days to date vacation.

WARNING

Counsel should file jury trial requests as soon as possible and well before the final hearing.

Counsel should file requests for jury trial as soon as possible, and well in advance of the final hearing.

CRITICALCriminal cases

An attorney covered by the requirement must submit the annual practice-time statement by October 15 for the applicable fiscal budget year.

Every year, an attorney is required to submit a practice-time statement in which the attorney accepted an appointment in an adult criminal or juvenile delinquency case during the fiscal budget year that begins on October 1 and ends on September 30, beginning fiscal budget year 2013-2014. The statement is due no later than October 15, and must be submitted by the attorney through the online system to the Texas Indigent Defense Commission.