Webb County District Courts Electronic Filing Rules

CRITICAL

Petitions for expunction, non-disclosure, or sealing are excepted from the electronic-filing requirement for civil cases filed by attorneys.

WHEREAS, at the Administrative Board of District Judges meeting held on October 7. 2015, the District Judges agreed that any petition for expunction. petition for non-disclosure. or petition to seal case. be excepted from the requirement that all civil cases filed by and through an attorney be tiled electronically:

CRITICAL

Petitions for expunction, non-disclosure, or sealing may be filed in person, by hand, and on paper, whether filed by a pro se individual or an attorney.

WHEREAS, the District Judges agreed that \\'hether a petition tor expum:tion. petition for non-disclosure, or a petition to seal casco is filed by a Pro Se individual or by and through an attorney. said petition may be tiled in person. by hand. and in paper."

CRITICAL

Petitions for expunction, non-disclosure, or sealing are excepted from the electronic-filing requirement for civil cases filed by attorneys.

THEREFORE, BE IT RESOLVED, that the tiling of a petition for expunction. petition for non-disclosure. or a petition to seal case. shall be excepted from the requirement that all ci\il cases tiled by and through an allorney be tiled electronically ,

CRITICAL

Filers must follow TexasOnline’s registration procedures to register to file documents electronically.

(b) To become registered to electronically file documents, filers must follow registration procedures outlined by TexasOnline.

CRITICAL

Filers must submit documents through an EFSP, which transmits them through TexasOnline to the district clerk, and must have valid accounts with both the EFSP and TexasOnline.

(c) Filers do not electronically file documents directly with the district clerk. Rather, filers indirectly file a document with the district clerk by electronically transmitting the document to an electronic filing service provider (EFSP) which then electronically transmits the document to TexasOnline which then electronically transmits the document to the district clerk. A filer filing or serving a document must have a valid account with an EFSP and with TexasOnline

CRITICAL

After completing initial registration, each filer must use their confidential, unique electronic identifier to e-file, and that use constitutes a digital signature.

(a) Upon completion of the initial registration procedures, each filer will be issued a confidential and unique electronic identifier. Each filer must use his or her identifier in order to electronically file documents. Use of the identifier to electronically file documents constitutes a “digital signature” on the particular document.

CRITICAL

Applies to

Court document

The stated rules govern the clerk’s receipt and filing of electronically transmitted court documents.

The following rules govern the procedure for the District or County Webb clerk" ) to receive and file electronically transmitted court documents.

CRITICAL

Applies to

Citation or writ

Citations and writs may not be transmitted electronically.

No citation or writ the official of court may transmitted electronically.

WARNING

Applies to

Court document

On a party’s motion and for good cause, a district court may order parties in that case to electronically file permitted documents.

(b) Upon the motion of a party and for good cause shown, a district court may order the parties in a particular case to electronically file and serve court documents that are permitted to be electronically filed under Rule 3.3.

WARNING

Documents otherwise eligible for traditional filing may be electronically filed, except for the listed categories.

(a) A document that can be filed in a traditional manner with the district clerk may be electronically filed with the exception of the following documents: - i) citations or writs bearing the seal of the court; - ii) returns of citation; - iii) bonds; - iv) subpoenas; - v) proof of service of subpoenas; - vi) documents to be presented to a court in camera, solely for the purpose of obtaining a ruling on the discoverability of such documents; - vii) documents sealed pursuant to TEX. R. CIV. P. 76a; and - viii) documents to which access is otherwise restricted by law or court order, including a document filed in a proceeding under Chapter 33, Family Code.

WARNING

After a scanned image is electronically filed under Rule 3.4, the court may require traditional filing with the district clerk.

(d) Where a filer has electronically filed a scanned image under this rule, a court may require the filer to properly file the document in a traditional manner with the district clerk.

WARNING

Filers may transmit documents electronically through an EFSP to TexasOnline at any time, except during brief periods of state-approved scheduled maintenance.

(a) A filer may electronically transmit a document through an EFSP to TexasOnline 24 hours per day each and every day of the year, except during brief periods of state-approved scheduled maintenance which will usually occur in the early hours of Sunday morning.

INFO

Applies to

Court document

Electronic filing and electronic service of court documents are optional unless subsection (b) applies.

(a) Except as provided by subsection (b) below, the electronic filing and serving of court documents is wholly optional.

INFO

Applies to

Motion to seal or response

A motion to seal and any response to it may be electronically filed.

(b) A motion to have a document sealed, as well as any response to such a motion, may be electronically filed.

INFO

Applies to

Affidavit or other paper described in Rule 3.4(a) or (b) attached to an electronically-filed document

An affidavit or other paper described in Rule 3.4(a) or (b) may be scanned and electronically filed with the underlying document to which it is attached.

(c) Any affidavit or other paper described in Rule 3.4(a) or (b) that is to be attached to an electronically-filed document may be scanned and electronically filed along with the underlying document.