County and District Clerks’ Association of Texas
The E-File Playbook for Texas
A guide to E-Filing in Texas
compiled in coordination and cooperation with:
EFILETEXAS.gov, Texas Association of Counties and
The County and District Clerk’s Association of Texas
Table of Contents
E-FILING OVERVIEW AND BACKGROUND .................................................................................................... 4
Objective .................................................................................................................................................................. 4
Background .............................................................................................................................................................. 4
Benefits for Citizens, Attorneys and the Court System ........................................................................................... 4
Benefits for the Courts ............................................................................................................................................. 5
How The System Works ........................................................................................................................................... 5
Schedule Timeline .................................................................................................................................................... 5
Tyler’s Role & Experience ........................................................................................................................................ 6
About Tyler Technologies, Inc. ............................................................................................................................... 6
How Does eFileTexas.gov Work............................................................................................................................... 6
RULES AND STANDARDS RELATED TO E-FILING .......................................................................................... 8
Supreme Ct. Misc. Docket No. 12- 9208 .................................................................................................................. 9
Supreme Court Misc. Docket No. 13-9165 ............................................................................................................ 13
Supreme Court Misc. Docket No. 13-003 .............................................................................................................. 14
Supreme Court Misc. Docket No. 14-9079 ............................................................................................................ 38
JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY ....................................................................................39
Introduction ........................................................................................................................................................... 39
PURPOSE ................................................................................................................................................................. 39
Versions ................................................................................................................................................................. 39
Definitions .............................................................................................................................................................. 39
References ............................................................................................................................................................. 40
System Data Exchange Standards .......................................................................................................................... 40
Digital Media Standards......................................................................................................................................... 40
Documents ............................................................................................................................................................. 41
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Audio/Video ........................................................................................................................................................... 41
Digital Signatures ................................................................................................................................................... 41
eFiling Filing Configurations ................................................................................................................................... 42
Child Support Cases (Title IV-D) ............................................................................................................................. 42
Civil Cases............................................................................................................................................................... 43
Family/Juvenile Cases ............................................................................................................................................ 45
Probate and Mental Health Cases ......................................................................................................................... 46
Multi-District Litigation (MDL) Cases ..................................................................................................................... 47
Other Standard System Configurations ................................................................................................................. 48
GUIDELINES FOR INFRASTRUCTURE ...........................................................................................................50
Efiletexas.gov Guidelines for Infrastructure .......................................................................................................... 51
Internet Bandwidth Guidelines.............................................................................................................................. 52
PC Hardware and Web Browser Guidelines .......................................................................................................... 52
Storage Guidelines ................................................................................................................................................. 54
REVIEWER INFORMATION ...........................................................................................................................57
Information for Reviewers ..................................................................................................................................... 58
Test Stage Environment Information..................................................................................................................... 59
SAMPLE LETTER OF DOUCMENTS .......................................................................................................................... 60
Frequently Asked Questions (FAQs) from Clerks and Counties............................................................................. 61
eFileTexas.gov Returned for Correction – ............................................................................................................. 70
Court Procedures ................................................................................................................................................... 70
Overview ............................................................................................................................................................ 70
Returning a Filing for Correction........................................................................................................................ 71
How to Identify a Filing that Should Retain the ................................................................................................. 72
Original Submitted Date .................................................................................................................................... 72
Changing the Docket Date ................................................................................................................................. 73
2
CLERKS OUTREACH IDEAS AND SAMPLES OF INFORMATION .....................................................................74
Planning Meeting for Judges and Court Personnel ............................................................................................... 76
Sample of Notice to Attorney and Legal Community ............................................................................................ 77
SAMPLE LETTER FROM DISTRICT JUDGE TO LOCAL BAR ....................................................................................... 78
EXAMPLE of Efiling Q&A Sessions for the legal community .................................................................................. 79
FINANCIAL SET-UP INFORMATION ..............................................................................................................83
Financial Setup ....................................................................................................................................................... 84
For Courts............................................................................................................................................................... 84
Overview ............................................................................................................................................................ 84
Steps to Complete.............................................................................................................................................. 84
Summary ............................................................................................................................................................ 85
Example of Letter for Bank Confirmation .............................................................................................................. 86
New Merchant ID Request. Please input responses in the shaded areas below: ................................................. 87
Form for Certification of Cost Recovery Fee.......................................................................................................... 89
Sample of Balancing tills and using financial reports ............................................................................................ 91
BUSINESS P ROCESS INFORMATION ............................................................................................................102
eFiling Business Process Recommendations ....................................................................................................... 103
Example of Outreach plan.................................................................................................................................... 111
3
E-Filing Overview and Background
Objective
The objective for creating the eFileTexas.gov system is to provide an efficient, cost effective
and reliable platform for submitting and processing court documents electronically. Attorneys
need a convenient way to interact with Texas courts without coming to the clerk’s counter, and
they need to be able to do so 24/7/365. Courts need to improve efficiency and eliminate paper
so they can provide citizens improved access to the court system and reduce costs. Everyone,
including citizens expects to be able to interact with government entities the same way they
interact with the private sector –
electronically, via the Internet. eFileTexas.gov enables this.
Background
On January 1, 2014, Texas became the most populous state in the country to
implement a mandatory electronic filing system for its courts. In 2014, eFileTexas.gov is
expected to handle 3.5 million electronic court filings. This will have significant benefits for
attorneys, court staff and the public that are outlined below.
In November of 2012, the Texas Office of Court Administration (OCA) announced a plan for
providing an e-filing system to be used across the state, and identified Tyler Technologies as
the system provider. In December 2012, the Supreme Court
announced that e-filing would become mandatory for civil matters in all county and
appellate courts, starting January 1, 2014 in the 10 largest counties.
Within nine months the eFileTexas.gov system went live on a pilot basis when an
attorney in Gregg County filed the first document into eFileTexas.gov in June 2013. In the fall
of 2013 additional courts began using eFileTexas.gov, and there are now more than 118
courts across 53 counties using the system. The system has more than 50,000 registered
users and on average has more than 13,000 filings per day during the work week.
Benefits for Citizens, Attorneys and the Court System
Benefits for Citizens – eFileTexas.gov saves tax dollars by allowing courts throughout the state
to eliminate paper, and to run more efficiently. E-filing shortens lines at clerk counters,
provides staff immediate access to information, so they can provide answers faster and make
better decisions. It also simplifies access to public record information.
Benefits for Attorneys
Attorneys and other filers can avoid trips to the courthouse and waiting in line at the
clerk’s counter, and can file 24/7/365 from their desks. eFileTexas.gov improves
tracking and reporting of filings and is a free service as provided by eFileTXCourts.gov
(other than the standard court fees that would apply to paper documents). Specific
benefits of e-filing include:
• Instant access to file stamped copies of filings
• Online tracking and proof of delivery
4
• Advanced search functionality that indexes, bookmarks and locates documents in
seconds
• Allows you to send required preliminary and/or courtesy copies instantly at no
charge
• Easily generates an audit trail as well as provides logs and reports that represent a
firm’s filings, and sorts reports based on primary parties, date range and document type
• Accepts statutory court fee payments online and generates relevant financial reports
based upon case type, date range and primary parties
• Provides optional status notifications by email for filings submitted, filings accepted,
filings rejected, service undeliverable, and/or filing submission failed
• Accepts multiple documents in one electronic envelope, eliminates the need for
separate submissions for each pleading
Benefits for the Courts
E-filing makes courts more efficient, shortens wait times at counters, allows courts to redeploy
staff to other tasks, reduces costs for paper, and frees up space used for storing paper
records. Electronic filing of documents creates a tipping point for the courts to eliminate paper
from the court system and become more efficient. It is a tipping point because filing is the first
step in the process for civil cases, and once documents enter the system electronically it
simplifies the task of using electronic case files throughout the life of a case.
How The System Works
eFileTexas.gov is a system that accepts electronic documents from attorneys (as pdfs) and
other filers via Web portals, and securely distributes these documents to the appropriate
county or appellate court where they can be accepted into the case
management system of that court.
Schedule Timeline
•
•
•
•
December 2012 – Texas Supreme Court Issues Mandatory order
June 2013 – Gregg County District Court became the first court live on the new system
Fall 2013 – Broad go lives across 60 courts
January 1 2014 – Mandatory e-filing begins for civil matters in the 10 largest
counties as well as appellate courts
• July 1, 2014 – E-filing becomes mandatory in another 12 counties – with a
populations greater than 200,000
• Jan 1, 2015 E-filing becomes mandatory in counties with populations greater than
100K
• July 1, 2015 – E-filing becomes mandatory in counties with populations greater than
50K
• Jan 1, 2016 E-filing becomes mandatory in counties with populations greater than
20K
5
• July 1, 2016 – E-filing becomes mandatory in counties with populations less than
20K
Tyler’s Role & Experience
Tyler was selected to provide the technology infrastructure in November 2012 after a competitive
RFP process. Tyler replaces the prior platform provider – NIC. EFileTexas.gov utilizes Tyler’s
proven e-filing platform, Odyssey File and Serve which is deployed in more than 10 other states
including Michigan, Minnesota, New Mexico, Nevada and Oregon.
The e-filing deployment by Tyler in Las Vegas (Clark County, NV), freed up space for eight new
courtrooms by allowing the archival of 35 million pages of files. Able to reduce courthouse
lines and eliminate 75% of customer windows. Users have filed almost four million documents
electronically since moving to the Odyssey platform.
Tyler is headquartered in Plano Texas, as is the Courts and Justice Division of Tyler that is
responsible for the implementation and management of eFileTexas.gov. In addition to e-filing software
and services Tyler’s Odyssey® court case management system is used by more than
50 Texas counties and has been selected for use by more than 500 counties in 20 states, serving more
than 75 million residents. Odyssey has been successfully deployed statewide in Indiana, Minnesota,
New Hampshire, New Mexico, North Dakota and South Dakota; statewide implementations in Idaho,
Maryland, Oregon, Rhode Island and Washington are currently under way.
About Tyler Technologies, Inc.
Tyler Technologies (NYSE: TYL) is a leading provider of end-to-end information management solutions
and services for local governments. Tyler partners with clients to empower the public sector - cities,
counties, schools and other government entities - to become more efficient, more accessible and more
responsive to the needs of citizens. Tyler's client base includes more than
11,000 local government offices in all 50 states, Canada, the Caribbean, the United Kingdom and
other international locations. Forbes has named Tyler one of "America's Best Small Companies"
seven times and the company has been included four times on the Barron's 400
Index, a measure of the most promising companies in America. More information about Planobased Tyler Technologies can be found at www.tylertech.com.
How Does eFileTexas.gov Work
eFileTexas.gov is a system that accepts electronic documents from attorneys (as pdfs) and
other filers via Web portals, and securely distributes these documents to the appropriate
county or appellate court where they can be accepted into the case
management system of that court.
6
There are three basic components to this system:
• EFSPs – E-filing Service Providers (EFSPs) are vendors that provide Web portals for
attorneys and other filers to use to submit documents into the eFileTexas.gov system.
Filers register with one or more of these EFSPs to submit documents. These EFSPs
offer other services in addition to submitting documents to eFileTexas.gov, and they
charge for these services. The state of Texas also offers an EFSP service for submitting
documents. It is offered for free and is called eFile.TXCourts.gov.
• EFM – The e-filing Manager (EFM) is the system that accepts filings from the EFSPs
and distributes them to the various county and appellate courts. Court clerks can either log
into the EFM to review and accept filings or courts can connect and integrate their case
management systems to the eFileTexas.gov EFM.
• CMS or Case Management Systems – These are the systems courts use to manage all
the cases in their jurisdiction. This includes information about the parties involved,
hearings, filings, evidence etc. These systems are created and maintained by a variety of
vendors or by the county and can be connected with eFileTexas.gov so that they share
information, and accept filings electronically.
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Rules and Standards Related to E-filing
8
Supreme Ct. Misc. Docket No. 12- 9208
IN THE SUPREME COURT OF TEXAS
Misc. Docket No. 12-
9 20 8
ORDER REQUIRING ELECTRONIC FILING IN CERTAIN
COURTS
This order mandates electronic filing ("e-filing") in civil cases, including family and
probate cases, by attorneys in appellate courts, district courts, statutory county courts,
constitutional county courts, and statutory probate courts pursuant to a detailed implementation
schedule.
Disputes in court require the exchange of information. The primary medium of that
exchange has been paper. Texas courts have struggled for over a century to process, manage, and
store court documents. With the information age, it is now possible to receive and store those
documents digitally. Texas courts first experimented with this new medium in the 1990s when two
district courts urged lawyers to file documents electronically. The benefits were immediate.
With electronic filing, storage expenses decreased dramatically. Clerks that formerly spent time
sorting and file-stamping documents could be assigned to more productive activities. Documents
were no longer damaged or lost. The public, lawyers, and judges could instantly access vital
pleadings, accelerating the progress of litigation. These efficiencies prompted the judiciary to
initiate a pilot project in January 2003 to test and refine the e-filing model. That model was
instituted statewide in 2004 through the state's Texas.gov 1 internet portal. Since that time, a
growing number of trial and appellate courts have implemented e­filing.
Currently, the following courts in Texas accept e-filing:
• Supreme Court of Texas (mandatory);
• 9 of the 14 courts of appeals (4 mandatory);
•
•
•
236 district courts and 81 county courts covering 51 counties and more than 80% of
the state's population (mandatory in a few district courts);
7 statutory probate courts covering 7 counties; and
28 justice courts covering 12 counties.
While most of these courts have accepted e-filings through the Texas.gov portal, several courts
have adopted systems that diverge from the Supreme Court's e-filing exemplar. As a result, Texas
litigants and attorneys confront several different systems and must master the requirements for
9
each. Without a centralized and uniform portal for accessing court case information, the
advantages of filing electronically are greatly diminished.
The federal courts, including the bankruptcy courts, district courts and courts of appeals, offer efiling through a unified, nationwide system, and most of those courts require lawyers to file
electronically. Twenty-three states mandate e-filing to varying degrees. These courts have reported
dramatic improvements in efficiency and decreased costs.
This Court convened a hearing on December 8, 2011, to assess the benefits and
drawbacks of creating a uniform statewide e-filing system. The Court received testimony from the
Chair of the Judicial Committee on Information Technology, a district judge, four district clerks, a
representative of the current e-filing vendor, a representative of an e-filing service provider and a
law firm technology officer. The Court also received numerous written comments. Almost all
of the individuals who testified at that hearing and submitted written comments supported mandatory
e-filing and implementation of a uniform statewide system.
The testimony revealed a number of benefits toe-filing in Texas courts, including quicker access
toe-filed documents; increased efficiency for attorneys and litigants; reduced printing and mailing costs
for attorneys and litigants; reduced storage costs for clerks; greater security of court documents in
the event of disaster; more efficient use of court staff, as employees typically assigned to accept
documents at the clerk's office counter can be retrained for higher skilled positions; and increased
transparency and access to the courts. Information can generally be found more quickly in an efiled document because of the capacity to search for words and phrases. Documents can also be
easily cross-referenced and hyperlinks can facilitate direct citation to other filings, legal databases,
and exhibits. All of this enhances the quality of legal advocacy and the quantity of information the
tribunal possesses when deciding the case.
The testimony also revealed a number of concerns, including the high cost of e-filing
associated with the "toll-road" structure of the current system, which requires litigants to pay a fee
each time a document is e-filed; the current system's inability to allow certain government 2 and
indigent filers to e-file documents at no cost; the decentralized nature of the current system
and accompanying local e-filing rules; and the inability of the current technology to handle an
increase in filings.
While considering the information received at the hearing, the Court learned that the vendor
who managed the Texas.gov system would not renew its contract. Accordingly, unless appropriate
measures were taken, e-filing would expire in Texas in August 2012.3 The Court, the Judicial
Committee on Information Technology ("JCIT"), the Department of Information Resources, and others
determined that it would be prudent to seek a new vendor. The Office of Court Administration ("OCA")
procured and recently signed a contract with a new vendor to provide e-filing to all Texas courts
through a system called "TexFile." The TexFile system follows the "toll road" model, but drastically
reduces 4 the cost of e-filing and electronic service. To further reduce costs, OCA and the Court continue
to pursue alternative funding models for the new system. In support of these efforts, the Texas Judicial
Council has requested that the
2
Government filers referenced here are those which are not statutorily required to pay filing fees.
10
Texas Legislature lower e-filing fees by adopting a one-time, per-case e-filing fee to replace the "tollroad" model's per-document or per-transaction fee. 5 TexFile will also permit indigent and certain
government filers to submit documents at no cost. Finally, the new system will be scalable to
handle as many filings as necessary and will allow for better integration with existing case management
software in the courts.
This Court relies on JCIT to develop policy recommendations for the Judiciary on matters
relating to technology. JCIT has spent the last several years evaluating the existing e­ filing structure
and determining how to improve service to the courts and citizens of Texas. After much study, JCIT
recommended that the Court "mandate a statewide, uniform system of e­ filing for all courts with a
phased implementation starting with the most populous counties."
After considering the testimony, both oral and written, provided at the Court's hearing, along
with the recommendations of JCIT regarding e-filing, the Supreme Court of Texas concludes
that mandatory e-filing in civil cases will promote the efficient and uniform administration of
justice in Texas courts.
Accordingly, it is ORDERED that:
1. This Order governs e-filing in all civil cases, including family and probate cases, at the
Supreme Court of Texas, courts of appeals, district courts, statutory county courts,
constitutional county courts, and statutory probate courts.
.
2. E-filing will be mandatory in the Supreme Court of Texas and in civil cases in the courts of
appeals effective January 1, 2014.
3. E-filing will be mandatory in civil cases in the district courts, statutory county courts,
constitutional county courts and statutory probate courts according to the following
implementation schedule based upon the counties' 2010 Federal Census population:
a. Courts in counties with a population of 500,000 or more- January 1, 2014 b. Courts
in counties with a population of200,000 to 499,999- July 1, 2014
c. Courts in counties with a population of 100,000 to 199,999- January 1, 2015 d. Courts
in counties with a population of 50,000 to 99,999- July 1, 2015
e. Courts in counties with a population of20,000 to 49,999- January 1, 2016
f. Courts in counties with a population less than 20,000- July 1, 2016
4. Once a court is subject to mandatory e-filing under this Order, attorneys must e-file all
documents in civil cases, except documents exempted by rules adopted by this Court,
3
An eighteen month extension was negotiated between DIR and the current vendor to allow for a transition to a
new vendor.
4
The e-filing fees are reduced by up to 48 percent under the new contract. With additional filing volume, the e­
filing fees could be reduced by up to 66 percent.
5
Available at http://www.courts.state.tx.us/tjc/pdf/AdequateFundingCourteFilingSystem.pdf.
through TexFile, thee-filing portal provided by OCA. Attorneys must not file documents through
any alternative electronic document filing transmission system (including fax
filing), except in the event of emergency. Persons not represented by an attorney may e­
file documents, but e-filing is not required.
11
5. Once a court is subject to mandatory e-filing under this Order, courts and clerks must not offer
to attorneys in civil cases any alternative electronic document filing transmission system
(including fax filing), except in the event of emergency. And courts and clerks must not accept,
file, or docket any document filed by an attorney in a civil case that is not filed in compliance with
this Order, except in the event of emergency.
6. The Supreme Court will adopt rules governing e-filing and e-service in accordance with the
mandate schedule above.
7. Courts or clerks who believe they cannot comply with this Order by the implementation date
specified may petition the Supreme Court for an extension, which may be granted for good cause
shown.
SO ORDERED, this
11th
day of December, 2012.
Misc. Docket No. ·12- 9208
omitted- signatures for purpose of printing
12
Supreme Court Misc. Docket No. 13-9165
IN THE SUPREME COURT OF TEXAS
═══════════════════════
Misc. Docket No. 13-9165
═══════════════════════
═══════════════════════════════════════════════════════
ORDER ADOPTING TEXAS RULE OF CIVIL PROCEDURE 21c AND AMENDMENTS TO
TEXAS RULES OF CIVIL PROCEDURE 4, 21, 21a, 45, 57, AND 502; TEXAS
RULES OF APPELLATE PROCEDURE 6, 9, AND 48; AND THE SUPREME COURT
ORDER DIRECTING THE FORM OF THE APPELLATE RECORD
═══════════════════════════════════════════════════════
ORDERED that:
1.
Pursuant to section 22.004 of the Texas Government Code, and in accordance with
Misc. Docket No. 12-9206, as amended by Misc. Docket Nos. 13-9092 and 13-9164, Order Requiring
Electronic Filing in Certain Courts, the Supreme Court of Texas adopts Rule of Civil Procedure 21c
and amends Rules of Civil Procedure 4, 21, 21a, 45, 57, and 502 and Rules of Appellate Procedure
6, 9, and 48.
2.
Pursuant to Texas Rule of Appellate Procedure 34.4, the Supreme Court orders that
the appellate record be in the form attached as Appendix C.
3.
By order dated August 16, 2013, in Misc. Docket No. 13-9128, the Court
proposed the adoption of Rule of Civil Procedure 21c and amendments to Rules of Civil
Procedure 4, 21, 21a, and 502; Rules of Appellate Procedure 6 and 9; and Appendix C to the Rules
of Appellate Procedure. The Court also invited public comment. Following public comment,
the Court made revisions to the rules and to the appendix. This order incorporates those revisions
and contains the final version of the rules and appendix, effective January 1,
2014.
4.
These rules supersede all local rules and templates on electronic filing, including all
county and district court local rules based on e-filing templates; the justice court e-filing rules, approved
in Misc. Docket No. 07-9200; the Supreme Court e-filing rules, approved in Misc. Docket No. 119152; the appellate e-filing templates, approved in Misc. Docket 11-9118; and local rules of courts of
appeals based on those templates.
local rules of courts of appeals based on those templates.
5.
The Clerk is directed to:
a.
file a copy of this order with the Secretary of State;
b. cause a copy of this order to be mailed to each registered member
of the State Bar of Texas by publication in the Texas Bar Journal;
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c. send a copy of this order to each elected member of the
Legislature; and
d. submit a copy of the order for publication in the Texas
Register.
Dated: December 14. 2013.
omitted- signatures for purpose of printing
Supreme Court Misc. Docket No. 13-003
IN THE COURT OF CRIMINAL APPEALS
════════════════════
Misc. Docket No. 13-003
════════════════════
═══════════════════════════════════════════════════════
ORDER ADOPTING AMENDMENTS TO THE
TEXAS RULES OF APPELLATE PROCEDURE
═══════════════════════════════════════════════════════
ORDERED that:
1.
Pursuant to section 22.108 of the Texas Government Code, the Court of Criminal
Appeals amends Rules of Appellate Procedure 6, 9, 37, 48, 68, 70, 71, and 73, Appendix C,
Appendix F: Application for a Writ of Habeas Corpus and Appendix G; Appendix E: Order
Directing the Form of the Appellate Record in Criminal Cases and Appendix H: Order
Regarding Court of Appeals Clerk Preparing Record to Send to the Court of Criminal Appeals is
repealed, effective January 1, 2014.
2. Pursuant to Texas Rule of Appellate Procedure 34.4, the Court of Criminal Appeals orders
that the appellate record be in the form attached as Appendix C.
3.
By order dated September 18, 2013, in Misc. Docket No. 13-2, the Court proposed the
adoption of Rules of Appellate Procedure 6, 9, 68, and 73, the Appendix: Application for Writ of
Habeas Corpus; Rule 34.4 and Appendix C; and Appendix G. The Court also invited public
comment. Following public comment, the Court made revisions to the rules and to the appendix.
This order incorporates those revisions and contains the final version of the rules and appendix,
effective January 1, 2014.
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4.
5.
These rules supersede all local rules of the courts of appeals on electronic filing.
The Clerk is directed to:
a.
file a copy of this order with the Secretary of State;
b.
cause a copy of this order to be mailed to each
registered member of the State Bar of Texas by publication in
the Texas Bar Journal;
c.
send a copy of this order to each elected member of
the Legislature; and
d.
submit a copy of the order for publication in the
Texas Register.
SIGNED AND ENTERED this 11th day of December,2013.
omitted- signatures for purpose of printing
Amendments to Rule 4, Texas Rule of Civil Procedure
RULE 4. COMPUTATION OF TIME
In computing any period of time prescribed or allowed by these rules, by order of court,
or by any applicable statute, the day of the act, event, or default after which the designated period
of time begins to run is not to be included. The last day of the period so computed is to be
included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until
the end of the next day which is not a Saturday, Sunday, or legal holiday. Saturdays, Sundays,
and legal holidays shall not be counted for any purpose in any time period of five days or less in
these rules, except that Saturdays, Sundays, and legal holidays shall be counted for purpose of
the three-day periods in Rules 21 and 21a, extending other periods by three days when service is
made by registered or certified mail. or by telephonic document transfer , and for purposes of the
five-day periods provided for under Rules 748, 749, 749a, 749b, and 749c.
Amendments to Rule 21, Texas Rule of Civil Procedure
RULE 21. FILING AND SERVING PLEADINGS AND MOTIONS
(a)
Filing and Service Required. Every pleading, plea, motion, or application to the court for
an order, whether in the form of a motion, plea, or other form of request, unless presented during
a hearing or trial, shall must be filed with the clerk of the court in writing, shall must state the
grounds therefor, shall must set forth the relief or order sought, and at the same time a true copy
shall must be served on all other parties, and shall must be noted on the docket.
15
(b)
Service of Notice of Hearing. An application to the court for an order and notice of any
hearing thereon, not presented during a hearing or trial, shall must be served upon all other
parties not less than three days before the time specified for the hearing, unless otherwise
provided by these rules or shortened by the court.
(c)
Multiple Parties. If there is more than one other party represented by different attorneys,
one copy of each such pleading shall must be served on delivered or mailed to each attorney in
charge.
(d)
Certificate of Service. The party or attorney of record, shall must certify to the court
compliance with this rule in writing over signature on the filed pleading, plea, motion, or
application.
(e)
Additional Copies. After one copy is served on a party, that party may obtain another
copy of the same pleading upon tendering reasonable payment for copying and delivering.
(f)
Electronic Filing.
(1)
Requirement. Except in juvenile cases under Title 3 of the Family Code,
attorneys must electronically file documents in courts where electronic filing has been
mandated. Attorneys practicing in courts where electronic filing is available but not
mandated and unrepresented parties may electronically file documents, but it is not
required.
(2)
Email Address. The email address of an attorney or unrepresented party who
electronically files a document must be included on the document.
(3)
Mechanism. Electronic filing must be done through the electronic filing manager
established by the Office of Court Administration and an electronic filing service
provider certified by the Office of Court Administration.
(4)
Exceptions.
(A)
Wills are not required to be filed electronically.
(B)
The following documents must not be filed electronically:
(i)
documents filed under seal or presented to the court in camera; and
(ii)
documents to which access is otherwise restricted by law or court
order.
(C)
For good cause, a court may permit a party to file other documents in
paper form in a particular case.
(5)
Timely Filing. Unless a document must be filed by a certain time of day, a
document is considered timely filed if it is electronically filed at any time before
16
midnight (in the court’s time zone) on the filing deadline. An electronically filed
document is deemed filed when transmitted to the filing party’s electronic filing service
provider, except:
(A)
if a document is transmitted on a Saturday, Sunday, or legal holiday, it is
deemed filed on the next day that is not a Saturday, Sunday, or legal holiday; and
(B)
if a document requires a motion and an order allowing its filing, the
document is deemed filed on the date that the motion is granted.
(6)
Technical Failure. If a document is untimely due to a technical failure or a system
outage, the filing party may seek appropriate relief from the court. If the missed deadline
is one imposed by these rules, the filing party must be given a reasonable extension of
time to complete the filing.
(7)
Electronic Signatures. A document that is electronically served, filed, or issued
by a court or clerk is considered signed if the document includes:
(A)
a “/s/” and name typed in the space where the signature would otherwise
appear, unless the document is notarized or sworn; or
(B)
(8)
an electronic image or scanned image of the signature.
Format. An electronically filed document must:
(A)
be in text-searchable portable document format (PDF);
(B)
be directly converted to PDF rather than scanned, if possible;
(C)
not be locked; and
(D)
otherwise comply with the Technology Standards set by the Judicial
Committee on Information Technology and approved by the Supreme Court.
(9)
Paper Copies. Unless required by local rule, a party need not file a paper copy of
an electronically filed document.
(10) Electronic Notices From the Court. The clerk may send notices, orders, or other
communications about the case to the party electronically. A court seal may be
electronic.
(11) Non-Conforming Documents. The clerk may not refuse to file a document that
fails to conform with this rule. But the clerk may identify the error to be corrected and
state a deadline for the party to resubmit the document in a conforming format.
(12) Original Wills. When a party electronically files an application to probate a
document as an original will, the original will must be filed with the clerk within three
business days after the application is filed.
17
(13) Official Record. The clerk may designate an electronically filed document or a
scanned paper document as the official court record. The clerk is not required to keep
both paper and electronic versions of the same document unless otherwise required by
local rule. But the clerk must retain an original will filed for probate in a numbered file
folder.
Comment to 2013 Change: Rule 21 is revised to incorporate rules for electronic filing, in
accordance with the Supreme Court’s order – Misc. Docket No. 12-9206, amended by Misc.
Docket Nos. 13-9092 and 13-9164 – mandating electronic filing in civil cases beginning on
January 1, 2014. The mandate will be implemented according to the schedule in the order and
will be completed by July 1, 2016. The revisions reflect the fact that the mandate will only apply
to a subset of Texas courts until that date.
Amendments to Rule 21a, Texas Rule of Civil Procedure
RULE 21a. METHODS OF SERVICE
(a)
Methods of Service. Every notice required by these rules, and every pleading, plea,
motion, or other form of request required to be served under Rule 21, other than the citation to be
served upon the filing of a cause of action and except as otherwise expressly provided in these
rules, may be served by delivering a copy to the party to be served, or the party’s duly authorized
agent or attorney of record, as the case may be, either in the manner specified below:
(1)
Documents Filed Electronically. A document filed electronically under Rule 21
must be served electronically through the electronic filing manager if the email address of
the party or attorney to be served is on file with the electronic filing manager. If the
email address of the party or attorney to be served is not on file with the electronic filing
manager, the document may be served on that party or attorney under subparagraph (2).
(2)
Documents Not Filed Electronically. A document not filed electronically may be
served either in person, or by agent or by courier receipted delivery or by certified or
registered mail, to the party’s last known address, by commercial delivery service, or by
fax, telephonic document transfer to the recipient’s current telecopier number, by email,
or by such other manner as the court in its discretion may direct.
(b)
(1)
When Complete.
Service by mail or commercial delivery service shall be complete upon deposit of the
paper document, postpaid and properly addressed, in the mail or with a commercial
delivery service., enclosed in a postpaid, properly addressed wrapper, in a post office or
official depository under the care and custody of the United States Postal Service.
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(2)
Service by fax is complete on receipt. Service completed after 5:00 p.m. local
time of the recipient shall be deemed served on the following day.
(3)
Electronic service is complete on transmission of the document to the serving
party’s electronic filing service provider. The electronic filing manager will send
confirmation of service to the serving party.
(c)
Time for Action After Service. Whenever a party has the right or is required to do some
act within a prescribed period after the service of a notice or other paper upon him and the notice
or paper is served upon him by mail, or by telephonic document transfer, three days shall be
added to the prescribed period.
(d)
Who May Serve. Notice may be served by a party to the suit, an attorney of record, a
sheriff or constable, or by any other person competent to testify.
(e)
Proof of Service. The party or attorney of record shall certify to the court compliance
with this rule in writing over signature and on the filed instrument. A certificate by a party or an
attorney of record, or the return of the officer, or the affidavit of any other person showing
service of a notice shall be prima facie evidence of the fact of service. Nothing herein shall
preclude any party from offering proof that the document notice or instrument was not received,
or, if service was by mail, that it the document was not received within three days from the date
that it was deposited of deposit in the maila postoffice or official depository under the care and
custody of the United States Postal Service, and upon so finding, the court may extend the time
for taking the action required of such party or grant such other relief as it deems just.
(f)
Procedures Cumulative. These provisions hereof relating to the method of service of
notice are cumulative of all other methods of service prescribed by these rules.
...
Comment to 2013 Change: Rule 21a is revised to incorporate rules for electronic service in
accordance with the Supreme Court’s order – Misc. Docket No. 12-9206, amended by Misc.
Docket Nos. 13-9092 and 13-9164 – mandating electronic filing in civil cases beginning on
January 1, 2014.
New Rule 21c, Texas Rules of Civil Procedure
RULE 21c. PRIVACY PROTECTION FOR FILED DOCUMENTS.
(a)
Sensitive Data Defined. Sensitive data consists of:
(1)
a driver’s license number, passport number, social security number, tax
identification number, or similar government-issued personal identification number;
(2)
and
a bank account number, credit card number, or other financial account number;
19
(3)
a birth date, home address, and the name of any person who was a minor when the
underlying suit was filed.
(b)
Filing of Documents Containing Sensitive Data Prohibited. Unless the inclusion of
sensitive data is specifically required by a statute, court rule, or administrative regulation, an
electronic or paper document, except for wills and documents filed under seal, containing
sensitive data may not be filed with a court unless the sensitive data is redacted.
(c)
Redaction of Sensitive Data; Retention Requirement. Sensitive data must be redacted by
using the letter “X” in place of each omitted digit or character or by removing the sensitive data
in a manner indicating that the data has been redacted. The filing party must retain an
unredacted version of the filed document during the pendency of the case and any related
appellate proceedings filed within six months of the date the judgment is signed.
(d)
Notice to Clerk. If a document must contain sensitive data, the filing party must notify
the clerk by:
(1)
designating the document as containing sensitive data when the document
is electronically filed; or
(2)
if the document is not electronically filed, by including, on the upper lefthand side of the first page, the phrase: “NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA.”
(e)
Non-Conforming Documents. The clerk may not refuse to file a document that contains
sensitive data in violation of this rule. But the clerk may identify the error to be corrected and
state a deadline for the party to resubmit a redacted, substitute document.
(f)
Restriction on Remote Access. Documents that contain sensitive data in violation of this
rule must not be posted on the Internet.
Comment to 2013 Change: Rule 21c is added to provide privacy protection for documents filed
in civil cases.
Amendments to Rule 45, Texas Rule of Civil Procedure
RULE 45.
DEFINITION AND SYSTEM
Pleadings in the district and county court shall
(a)
be by petition and answer;
(b)
consist of a statement in plain and concise language of the plaintiff’s cause of action or
the defendant’s grounds of defense. That an allegation be evidentiary or be of legal conclusion
shall not be grounds for an objection when fair notice to the opponent is given by the allegations
as a whole; and
20
(c)
contain any other matter which may be required by any law or rule authorizing or
regulating any particular action or defense;.
(d)
Pleadings that are not filed electronically must be in writing, on paper measuring approximately
8 ½ inches by 11 inches, and signed by the party or his attorney.,and either the signed original
together with any verification or a copy of said original and copy of any such verification shall
be filed with the court. The use of recycled paper is strongly encouraged.
When a copy of the signed original is tendered for filing, the party or his attorney filing such
copy is required to maintain the signed original for inspection by the court or any party incident
to the suit, should a question be raised as to its authenticity.
All pleadings shall be construed so as to do substantial justice.
Amendments to Rule 57, Texas Rule of Civil Procedure
RULE 57.
SIGNING OF PLEADINGS
Every pleading of a party represented by an attorney shall be signed by at least one attorney of
record in his individual name, with his State Bar of Texas identification number, address,
telephone number, email address, and if available, telecopier fax number. A party not
represented by an attorney shall sign his pleadings, state his address, telephone number, email
address, and, if available, telecopier fax number.
Amendments to Rule 502, Texas Rule of Civil Procedure
RULE 502.
INSTITUTION OF SUIT
RULE 502.1. PLEADINGS AND MOTIONS MUST BE WRITTEN,
SIGNED, AND FILED
Except for oral motions made during trial or when all parties are present, every pleading,
plea, motion, application to the court for an order, or other form of request must be written and
signed by the party or its attorney and must be filed with the court. A document may be filed
with the court by personal or commercial delivery, by mail, or electronically, if the court allows
electronic filing. Electronic filing is governed by Rule 21.
Amendments to Rule 6, Texas Rule of Appellate Procedure
Rule 6. Representation by Counsel
6.1.
Lead Counsel
21
(c)
How to Designate. The original or a new lead counsel may be designated by filing
a notice stating that attorney’s name, mailing address, telephone number, fax number, if
any, email address, and State Bar of Texas identification number. If a new lead counsel
is being designated, both the new attorney and either the party or the former lead counsel
must sign the notice.
6.2.
Appearance of Other Attorneys
An attorney other than lead counsel may file a notice stating that the attorney represents a
specified party to the proceeding and giving that attorney’s name, mailing address, telephone
number, fax number, if any, email address, and State Bar of Texas identification number. The
clerk will note on the docket the attorney’s appearance. When a brief or motion is filed, the clerk
will note on the docket the name of each attorney, if not already noted, who appears on the
document.
Amendments to Rule 9, Texas Rule of Appellate Procedure
Rule 9. Papers Documents Generally
9.1.
Signing
(a)
Represented Parties. If a party is represented by counsel, a document filed on that
party’s behalf must be signed by at least one of the party’s attorneys. For each attorney
whose name appears on a document as representing that party, the document must
contain that attorney’s State Bar of Texas identification number, mailing address,
telephone number, and fax number, if any, and email address.
(b)
Unrepresented Parties. A party not represented by counsel must sign any
document that the party files and give the party’s mailing address, telephone number, and
fax number, if any, and email address.
(c)
Electronic Signatures. A document that is electronically served, filed, or issued
by a court or clerk is considered signed if the document includes:
(1)
a “/s/” and name typed in the space where the signature would
otherwise appear, unless the document is notarized or sworn; or
(2)
9.2.
an electronic image or scanned image of the signature.
Filing
(a)
With Whom. A document is filed in an appellate court by
delivering it to:
22
(1)
the clerk of the court in which the document is to be filed;
or
(2)
a justice or judge of that court who is willing to accept delivery. A
justice or judge who accepts delivery must note on the document the date
and time of delivery, which will be considered the time of filing, and must
promptly send it to the clerk.
(b)
Filing by Mail.
(1)
Timely Filing. A document received within ten days after the filing
deadline is considered timely filed if:
(A)
it was sent to the proper clerk by United States Postal Service firstclass, express, registered, or certified mail or a commercial delivery
service;
(B)
it was placed in an envelope or wrapper properly addressed and
stamped; and
(C)
it was deposited in the mail or delivered to a commercial delivery
service on or before the last day for filing.
(2)
Proof of Mailing. Though it may consider other proof, the appellate court
will accept the following as conclusive proof of the date of mailing:
(A)
a legible postmark affixed by the United States Postal Service;
(B)
a receipt for registered or certified mail if the receipt is endorsed
by the United States Postal Service; or
(C)
a certificate of mailing by the United States Postal Service.; or
(D)
a receipt endorsed by the commercial delivery service.
(c)
Electronic Filing. Documents may be permitted or required to be filed, signed, or
verified by electronic means by order of the Supreme Court or the Court of Criminal
Appeals, or by local rule of a court of appeals. A technical failure that precludes a
party’s compliance with electronic filing procedures cannot be a basis for disposing of
any case.
(1)
Requirement. Attorneys in civil cases must electronically file documents.
Attorneys in criminal cases must electronically file documents except for good
cause shown in a motion filed in the appellate court. Unrepresented parties in
civil and criminal cases may electronically file documents, but it is not required.
23
(2)
Mechanism. Electronic filing must be done through the electronic filing
manager established by the Office of Court Administration and an electronic
filing service provider certified by the Office of Court Administration.
(3)
Exceptions. Documents filed under seal, subject to a pending motion to
seal, or to which access is otherwise restricted by law or court order must not be
electronically filed. For good cause, an appellate court may permit a party to file
other documents in paper form in a particular case.
(4)
Timely Filing. Unless a document must be filed by a certain time of day, a
document is considered timely filed if it is electronically filed at any time before
midnight (in the court’s time zone) on the filing deadline. An electronically filed
document is deemed filed when transmitted to the filing party’s electronic filing
service provider, except:
(A)
if a document is transmitted on a Saturday, Sunday, or legal
holiday, it is deemed filed on the next day that is not a Saturday, Sunday,
or legal holiday; and
(B)
if a document requires a motion and an order allowing its filing,
the document is deemed filed on the date the motion is granted.
(5) Technical Failure. If a document is untimely due to a technical failure or a
system outage, the filing party may seek appropriate relief from the court.
(6)
Confirmation of Filing. The electronic filing manager will send a filing
confirmation notice to the filing party.
(7)
Electronic Notices From the Court. The clerk may send notices, orders, or
other communications about the case to the party electronically. A court seal may
be electronic.
9.3.
Number of Copies; Electronic Copies
(a)
Courts of Appeals.
(1)
Paper Copies in General. Document Filed in Paper Form. If a document
is not electronically filed, A a party must file: the original and one unbound copy
of the document unless otherwise required by local rule. The unbound copy of an
appendix must contain a separate page before each document and must not
include tabs that extend beyond the edge of the page.
(A)
the original and three copies of all documents in an original
proceeding;
(B) the original and two copies of all motions in an appellate
proceeding; and
24
(C)
the original and five copies of all other documents.
(2)
Electronically Filed Document. Unless required by local rule, a party
need not file a paper copy of an electronically filed document.
Local Rules. A court of appeals may by local rule require:
(A)
the filing of more or fewer paper copies of any document other
than a petition for discretionary review; and
(B)
(b)
an electronic copy of a document filed in paper form.
Supreme Court and Court of Criminal Appeals.
(1)
Paper copies of Document Filed in Paper Form. If a document is not
electronically filed, A a party must file the original and 11 copies of any
document addressed to either the Supreme Court or the Court of Criminal
Appeals, except that in the Supreme Court only an original and one copy must be
filed of any motion, response to the motion, and reply in support of the motion,
and in the Court of Criminal Appeals, only the original must be filed of a motion
for extension of time or a response to the motion, or a pleading under Code of
Criminal Procedure article 11.07.
(2)
Electronic Copies of Documents Filed in Paper Form. An electronic copy
of a document filed in paper form may be required by order of the Supreme Court
or the Court of Criminal Appeals.
(3)(2) Paper Copies of Electronically Filed Document. Paper Ccopies of each
document that is electronically filed with the Supreme Court or the Court of
Criminal Appeals must be mailed or hand-delivered to the Supreme Court or the
Court of Criminal Appeals, as appropriate, within one business day three business
days after the document is electronically filed. The number of paper copies
required shall be determined, respectively, by order of the Supreme Court or the
Court of Criminal Appeals.
(c)
9.4.
Exception for Record. Only the original record need be filed in any proceeding.
Form
Except for the record, a document filed with an appellate court, including a paper copy of
an electronically filed document, must — unless the court accepts another form in the interest of
justice — be in the following form:
25
(a)
Printing. A document may be produced by standard typographic printing or by
any duplicating process that produces a distinct black image. Printing may must be on
both one sides of the paper.
(b)
Paper Type and Size. The paper on which the a document is produced must be
8½ by 11 inches, white or nearly white, and opaque.
Paper must be 8½ by 11 inches.
(c)
Margins. Papers Documents must have at least one-inch margins on both sides
and at the top and bottom.
(d)
Spacing. Text must be double-spaced, but footnotes, block quotations, short lists,
and issues or points of error may be single-spaced.
(e)
Typeface. A document produced on a computer must be printed in a conventional
typeface no smaller than 14-point except for footnotes, which must be no smaller than
12-point. A typewritten document must be printed in standard 10-character-per-inch
(cpi) monospaced typeface.
(f)
Binding and Covering. A paper document must be bound so as to ensure that it
will not lose its cover or fall apart in regular use. A paper document should be stapled
once in the top left-hand corner or be bound so that it will lie flat when open. A paper
petition or brief should have durable front and back covers which must not be plastic or
be red, black, or dark blue.
(g)
Contents of Cover. A document’s front cover, if any, must contain the case style,
the case number, the title of the document being filed, the name of the party filing the
document, and the name, mailing address, telephone number, fax number, if any, email
address, and State Bar of Texas identification number of the lead counsel for the filing
party. If a party requests oral argument in the court of appeals, the request must appear on
the front cover of that party’s first brief.
(h)
Appendix and Original Proceeding Record. An paper appendix may be bound
either with the document to which it is related or separately. If separately bound, the
appendix must comply with paragraph (f). An paper record in an original proceeding or a
paper appendix should must be tabbed and indexed. An electronically filed record in an
original proceeding or an electronically filed appendix that includes more than one item
must contain bookmarks to assist in locating each item.
(i)
Length.
(1)
Contents Included and Excluded. In calculating the length of a document,
every word and every part of the document, including headings, footnotes, and
quotations, must be counted except the following: caption, identity of parties and
counsel, statement regarding oral argument, table of contents, index of authorities,
26
statement of the case, statement of issues presented, statement of jurisdiction,
statement of procedural history, signature, proof of service, certification,
certificate of compliance, and appendix.
(2)
Maximum Length. The documents listed below must not exceed the
following limits:
(A)
A brief and response in a direct appeal to the Court of Criminal
Appeals in a case in which the death penalty has been assessed: 37,500
words if computer-generated, and 125 pages if not.
(B)
A brief and response in an appellate court (other than a brief under
subparagraph (A)) and a petition and response in an original proceeding in
the court of appeals: 15,000 words if computer-generated, and 50 pages if
not. In a civil case in the court of appeals, the aggregate of all briefs filed
by a party must not exceed 27,000 words if computer-generated, and 90
pages if not.
(C)
A reply brief in an appellate court and a reply to a response to a
petition in an original proceeding in the court of appeals: 7,500 words if
computer-generated, and 25 pages if not.
(D)
A petition and response in an original proceeding in the Supreme
Court, a petition for review and response in the Supreme Court, a petition
for discretionary review and response in the Court of Criminal Appeals,
and a motion for rehearing and response in an appellate court: 4,500 words
if computer-generated, and 15 pages if not.
(E)
A reply to a response to a petition for review in the Supreme Court,
a reply to a response to a petition in an original proceeding in the Supreme
Court, and a reply to a response to a petition for discretionary review in
the Court of Criminal Appeals: 2,400 words if computer-generated, and 8
pages if not.
(3)
Certificate of Compliance. A computer-generated document that is
subject to a word limit under this rule must include a certificate by counsel or an
unrepresented party stating the number of words in the document. The person
certifying may rely on the word count of the computer program used to prepare
the document.
(4)
Extensions. A court may, on motion, permit a document that exceeds the
prescribed limit.
(j)
Electronically Filed Documents. An electronically filed document must:
(1)
be in text-searchable portable document format (PDF);
27
(2)
be directly converted to PDF rather than scanned, if possible;
(3)
not be locked;
(4)
be combined with any appendix into one computer file, unless that file
would exceed the size limit prescribed by the electronic filing manager; and
(5)
otherwise comply with the Technology Standards set by the Judicial
Committee on Information Technology and approved by the Supreme Court.
(j)(k) Nonconforming Documents. Unless every copy of a document conforms to these
rules If a document fails to conform with these rules, the court may strike the document
or and return all nonconforming copies to the filing party. The court must identify the
error to be corrected and state a deadline for and permit the party to resubmit the
document in a conforming format by a specified deadline. If another nonconforming
document is filed, the court may strike the document and prohibit the party from filing
further documents of the same kind.
9.5.
Service
(a)
Service of All Documents Required. At or before the time of a document’s filing,
the filing party must serve a copy on all parties to the proceeding. Service on a party
represented by counsel must be made on that party’s lead counsel. Except in original
proceedings, But a party need not serve a copy of the record.
(b)
Manner of Service. Service on a party represented by counsel must be made on
that party’s lead counsel. Service may be personal, by mail, by commercial delivery
service, or by fax. Personal service includes delivery to any responsible person at the
office of the lead counsel for the party served.
(1)
Documents Filed Electronically. A document filed electronically under
Rule 9.2 must be served electronically through the electronic filing manager if the
email address of the party or attorney to be served is on file with the electronic
filing manager. If the email address of the party or attorney to be served is not on
file with the electronic filing manager, the document may be served on that party
or attorney under subparagraph (2).
(2)
Documents Not Filed Electronically. A document that is not filed
electronically may be served in person, by mail, by commercial delivery service,
by fax, or by email. Personal service includes delivery to any responsible person
at the office of the lead counsel for the party served.
(c)
When Complete.
(1)
Service by mail is complete on mailing.
28
(2)
(3)
Service by commercial delivery service is complete when the document is
placed in the control of the delivery service.
Service by fax is complete on receipt.
(4)
Electronic service is complete on transmission of the document to the
serving party’s electronic filing service provider. The electronic filing manager
will send confirmation of service to the serving party.
(d)
Proof of Service. A document presented for filing must contain a proof of service
in the form of either an acknowledgment of service by the person served or a certificate
of service. Proof of service may appear on or be affixed to the filed document. The clerk
may permit a document to be filed without proof of service, but will require the proof to
be filed promptly.
(e)
Certificate Requirements. A certificate of service must be signed by the person
who made the service and must state:
(1)
the date and manner of service;
(2)
the name and address of each person served; and
(3)
if the person served is a party’s attorney, the name of the party represented
by that attorney.
...
9.9
Privacy Protection for Documents Filed in Civil Cases.
(a)
Sensitive Data Defined. Sensitive data consists of:
(1)
a driver’s license number, passport number, social security number, tax
identification number or similar government-issued personal identification
number;
(2)
a bank account number, credit card number, or other financial account
number; and
(3)
a birth date, home address, and the name of any person who was a minor
when the underlying suit was filed.
(b)
Filing of Documents Containing Sensitive Data Prohibited. Unless the inclusion
of sensitive data is specifically required by a statute, court rule, or administrative
regulation, an electronic or paper document containing sensitive data may not be filed
with a court unless the sensitive data is redacted, except for the record in an appeal under
Section Two.
29
(c)
Redaction of Sensitive Data; Retention Requirement. Sensitive data must be
redacted by using the letter “X” in place of each omitted digit or character or by
removing the sensitive data in a manner indicating that the data has been redacted. The
filing party must retain an unredacted version of the filed document during the pendency
of the appeal and any related proceedings filed within six months of the date the
judgment is signed.
(d)
Notice to Clerk. If a document must contain sensitive data, the filing party must
notify the clerk by:
(1)
designating the document as containing sensitive data when the document
is electronically filed; or
(2)
if the document is not electronically filed, by including, on the upper lefthand side of the first page, the phrase: “NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA.”
(e)
Restriction on Remote Access. Documents that contain unredacted sensitive data
in violation of this rule must not be posted on the Internet.
Notes and Comments
Comment to 1997 change: This is former Rule 4. Subdivision 9.4, prescribing the form
of documents filed in the appellate courts, is changed and the form to be used is stated in
significantly more detail. Former subdivisions (f) and (g), regarding service of documents, are
merged into subdivision 9.5. Former Rule 6 is included as subdivision 9.6, but no substantive
change is made. Other changes are made throughout the rule. Electronic filing is authorized by
§§ 51.801-.807 of the Government Code.
Comment to 2002 change: The change [to Rule 9.5(a)] clarifies that the filing party must
serve a copy of the document filed on all other parties, not only in an appeal or review, but in
original proceedings as well. The rule applies only to filing parties. Thus, when the clerk or
court reporter is responsible for filing the record, as in cases on appeal, a copy need not be served
on the parties. The rule for original civil proceedings, in which a party is responsible for filing
the record, is stated in subdivision 52.7.
Subdivision 9.7 is added to provide express authorization for the practice of adopting by
reference all or part of another party’s filing.
Comment to 2008 change: Subdivision 9.3 is amended to reduce the number of copies of
a motion for extension of time or response filed in the Supreme Court. Subdivision 9.8 is new.
To protect the privacy of minors in suits affecting the parent-child relationship (SAPCR),
including suits to terminate parental rights, Section 109.002(d) of the Family Code authorizes
appellate courts, in their opinions, to identify parties only by fictitious names or by initials.
Similarly, Section 56.01(j) of the Family Code prohibits identification of a minor or a minor’s
30
family in an appellate opinion related to juvenile court proceedings. But as appellate briefing
becomes more widely available through electronic media sources, appellate courts’ efforts to
protect minors’ privacy by disguising their identities in appellate opinions may be defeated if the
same children are fully identified in briefs and other court papers available to the public. The
rule provides protection from such disclosures. Any fictitious name should not be pejorative or
suggest the person’s true identity. The rule does not limit an appellate court’s authority to
disguise parties’ identities in appropriate circumstances in other cases. Although appellate courts
are authorized to enforce the rule’s provisions requiring redaction, parties and amici curiae are
responsible for ensuring that briefs and other papers submitted to the court fully comply with the
rule.
Comment to 2012 Change: Rule 9 is revised to consolidate all length limits and establish
word limits for documents produced on a computer. All documents produced on a computer
must comply with the word limits. Page limits are retained for documents that are typewritten or
otherwise not produced on a computer.
Comment to 2013 Change: Rule 9 is revised to incorporate rules for electronic filing, in
accordance with the Supreme Court’s order – Misc. Docket No. 12-9206, amended by Misc.
Docket Nos. 13-9092 and 13-9164 – mandating electronic filing in civil cases in appellate courts,
effective January 1, 2014. In addition, Rule 9.9 is added to provide privacy protection for all
documents, both paper and electronic, filed in civil cases in appellate courts.
9.10
Privacy Protection for Documents Filed in Criminal Cases.
(a)
Sensitive Data Defined. Sensitive data consists of:
(1)
a driver’s license number, passport number, social security number, tax
identification number or similar government-issued personal identification
number;
(2)
bank account number, credit card number, and other financial account
number;
(3)
a birth date, a home address, and the name of any person who was a minor
at the time the offense was committed.
(b)
Redacted Filings. Unless a court orders otherwise, an electronic or paper filing
with the court, including the contents of any appendices, must not contain sensitive data.
(c)
Redaction procedures. Sensitive data must be redacted by using the letter “X” in
place of each omitted digit or character or by removing the sensitive data in a manner
indicating that the data has been redacted. The filer must retain an unredacted version of
31
the filed document during the pendency of the appeal and any related proceedings filed
within three years of the date the judgment is signed. If a district court clerk or appellate
court clerk discovers unredacted sensitive data in the record, the clerk shall notify the
parties and seek a ruling from the court.
(d)
Certification. The filing of a document constitutes a certification by the filer that
the document complies with paragraphs (a) and (b) of this rule.
(e)
Reference List. If a filer believes any information described in paragraph (a) of
this rule is essential to a document or that the document would be confusing without the
information, the filer may submit the information to the court in a reference list that is in
paper form and under seal. The reference list must specify an appropriate identifier that
corresponds uniquely to each item listed. Any reference in the document to a listed
identifier will be construed to refer to the corresponding item of information. If the filer
provides a reference list pursuant to this rule, the front page of the document containing
the redacted information must indicate that the reference list has been, or will be,
provided. On its own initiative, the court may order a sealed reference list in any case.
(f)
Sealed materials. Materials that are required by statute to be sealed, redacted, or
kept confidential, such as the items set out in Articles 35.29 (Personal Information About
Jurors), 38.45 (Evidence Depicting or Describing Abuse of or Sexual Conduct by Child
or Minor), and 42.12, § 9(j), must be treated in accordance with the pertinent statutes and
shall not be publicly available on the Internet. A court may also order that a document be
filed under seal in paper form or electronic form, without redaction. The court may later
unseal the document or order the filer to provide a redacted version of the document for
the public record. If a court orders material sealed, whether it be sensitive data or other
materials, the court’s sealing order must be affixed to the outside of the sealed container
if the sealed material is filed in paper form, or be the first document that appears if filed
in electronic form. Sealed portions of the clerk's and reporter's records should be clearly
marked and separated from unsealed portions and tendered as separate records, whether
in paper form or electronic form. Sealed material shall not be available either on the
Internet or in other form without court order.
Amendments to Rule 37, Texas Rule of Appellate Procedure
Rule 37. Duties of the Appellate Clerk on Receiving the Notice of Appeal and Record
37.2. On Receiving the Record
On receiving the clerk’s record from the trial court clerk or the reporter’s record from the
reporter, the appellate clerk must determine whether each complies with the Supreme Court’s
and Court of Criminal Appeals’ order on preparation of the record. If so, the clerk must endorse
on each the date of receipt, file it, and notify the parties of the filing and the date. If not, the clerk
must endorse on the clerk’s record or reporter’s record — whichever is defective — the date of
receipt and return it to the official responsible for filing it. The appellate court clerk must specify
32
the defects and instruct the official to correct the defects and return the record to the appellate
court by a specified date. In a criminal case, the record must not be posted on the Internet.
Amendments to Rule 48, Texas Rule of Appellate Procedure
Rule 48.
48.1.
Copy of Opinion and Judgment to Interested Parties and Other Courts
Mailing Recipients of Opinion and Judgment in All Cases
On the date when an appellate court’s opinion is handed down, the appellate clerk must
mailsend or deliver copies of the opinion and judgment to the following persons:
(a)
the trial judge;
(b)
the trial court clerk;
(c)
the regional administrative judge; and
...
(d)
all parties to the appeal.
Amendments to Rule 68, Texas Rule of Appellate Procedure
Rule 68.4
Contents of Petition
A petition for discretionary review must be as brief as possible. It must be addressed to
the “Court of Criminal Appeals of Texas” and must state the name of the party or parties
applying for review. The petition must contain the following items:
(a)
Identity of Judge, Parties, and Counsel. The petition must list the trial court
judge, all parties to the judgment or order appealed from, and the names and addresses of
all trial and appellate counsel.
(a) (b) Table of Contents. The petition must include a table of contents with references to
the pages of the petition. The table of contents must indicate the subject matter of each
ground or question presented for review.
(b) (c) Index of Authorities. The petition must include an index of authorities arranged
alphabetically and indicating the pages of the petition where the authorities are cited.
(c) (d) Statement Regarding Oral Argument. The petition must include a short statement
of why oral argument would be helpful, or a statement that oral argument is waived. If a
reply or cross-petition is filed, it likewise must include a statement of why oral argument
should or should not be heard.
33
(d) (e) Statement of the Case. The petition must state briefly the nature of the case. This
statement should seldom exceed half a page. The details of the case should be reserved
and stated with the pertinent grounds or questions.
(e) (f) Statement of Procedural History. The petition must state:
(1)
the date any opinion of the court of appeals was handed down, or the date
of any order of the court of appeals disposing of the case without an opinion;
(2)
the date any motion for rehearing was filed (or a statement that none was
filed); and
(3)
the date the motion for rehearing was overruled or otherwise disposed of.
(f) (g) Grounds for Review. The petition must state briefly, without argument, the
grounds on which the petition is based. The grounds must be separately numbered. If the
petitioner has access to the record, the petitioner must (after each ground) refer to the
page of the record where the matter complained of is found. Instead of listing grounds for
review, the petition may contain the questions presented for review, expressed in the
terms and circumstances of the case but without unnecessary detail. The statement of
questions should be short and concise, not argumentative or repetitious.
(g) (h) Argument. The petition must contain a direct and concise argument, with
supporting authorities, amplifying the reasons for granting review. See Rule 66.3. The
court of appeals' opinions will be considered with the petition, and statements in those
opinions need not be repeated if counsel accepts them as correct.
(h) (i) Prayer for Relief. The petition must state clearly the nature of the relief sought.
(I) (j) Appendix. The petition must contain a copy of any opinion of the court of appeals.
Amendments to Rule 70, Texas Rule of Appellate Procedure
Rule 70.
Brief on the Merits
70.2.
Reply Respondent’s Brief
70.4
Other Briefs
The Court of Criminal Appeals may direct that a party file a brief, or an additional brief,
in a particular case. Additionally, upon motion by a party the Court may permit the filing of
additional briefs.
Amendments to Rule 71, Texas Rule of Appellate Procedure
Rule 71.
71.4.
Direct Appeals
Additional Briefs
34
Upon motion by a party the Court may permit the filing of additional briefs other than
those provided for in Rule 38.
Amendments to Rule 73, Texas Rule of Appellate Procedure
Rule
73.
Postconviction
Applications
for
Writs
of
Habeas
Corpus
73.1. Form of for Application in Felony Case (Other Than Capital) Filed Under Article
11.07 of the Code of Criminal Procedure
(a)
Prescribed Form. An application filed under Article 11.07 for post conviction habeas
corpus relief in a felony case without a death penalty, under Code of Criminal Procedure article
11.07, must be made in on the form prescribed by the Court of Criminal Appeals in an order
entered for that purpose.
(b)
shall
Availability of Form. The district clerk of the convicting court county of conviction will
make the forms available to applicants on request, without charge.
(c)
Contents. The person making the application applicant or petitioner must provide all
information required by the form. The application form must include specify all grounds for
relief, and must set forth in summary fashion the facts supporting each ground. Any ground not
raised on the form will not be considered. The application must not cite cases or other law.
Legal citations and arguments may be made in a separate memorandum. The application form
must be computer-generated, typewritten, or legibly handwritten legibly.
(d)
Length. Each ground for relief and supporting facts raised on the form shall not exceed
the two pages provided for each ground in the form. The applicant or petitioner may file a
separate memorandum. This memorandum shall comply with these rules and shall not exceed
15,000 words if computer-generated or 50 pages if not. If the total number of pages, including
those in the original and any additional memoranda, exceed the word or page limits, an
application may be dismissed unless the convicting court for good cause shown grants leave to
exceed the prescribed limits. The prescribed limits do not include appendices, exhibits, cover
page, table of contents, table of authorities, and certificate of compliance.
(e)
Typeface. A computer-generated memorandum must be printed in a conventional
typeface no smaller than 14-point except for footnotes, which must be no smaller than 12-point.
A typewritten document must be printed in standard 10-character-per-inch (cpi) monospaced
typeface.
(f)
Certificate of compliance. A computer-generated memorandum, including any additional
memoranda, must include a certificate by the applicant or petitioner stating the number of words
in the document. The person certifying may rely on the word count of the computer program
used to prepare the document.
(dg)
Verification.
(1)
The
application
must
be
verified
by
either:
oath made before a notary public or other officer authorized to administer oaths;
35
or
(2)
if the person making the application is an inmate in the Institutional Division of
the Department of Criminal Justice or in a county jail, an unsworn declaration in
substantially the form required in Civil Practices and Remedies Code chapter 132.
73.2.
Non-compliancet Applications
The clerk of the convicting court will not file an application that is not on the form prescribed by
the Court of Criminal Appeals, and will return the application to the person who filed it, with a
copy of the official form. The clerk of the Court of Criminal Appeals may, without filing an
application that does not comply with this rule, return it to the clerk of the convicting court, with
a notation of the defect, and the clerk of the convicting court will return the application to the
person who filed it, with a copy of the official form dismiss an application that does not comply
with these rules.
73.3.
State’s Response
Any response by the State must comply with length, typeface, and certificate of
compliance requirements set out in rule 73.1 (d),(e) and (f).
73.34. Summary SheetDuties of District Clerk. Filing and Transmission of Habeas Record
(a)
The district clerk of the county of conviction shall accept and file all Code of
Criminal Procedure article 11.07 applications.
(b)
In addition to the duties set out in Article 11.07, the clerk shall do the following:
(1)
If the convicting court enters an order designating issues, the clerk shall
immediately transmit to the Court of Criminal Appeals a copy of that order and
proof of the date the district attorney received the habeas application.
(2)
When findings of fact and conclusions of law are made, a copy of those
findings and conclusions shall immediately be sent to all parties in the case. A
party has ten days from the date he receives the findings to file objections, but the
trial court may, nevertheless, transmit the record to the Court of Criminal Appeals
before the expiration of the ten days.
(3)
When a district clerk transmits the record in a postconviction application
for a writ of habeas corpus under Code of Criminal Procedure articles 11.07 or
11.071, the district clerk must prepare and transmit a summary sheet that includes
the following information:
(aA) the convicting court's name and county, and the name of the judge
who tried the case;
36
(bB) the applicant's name, the offense, the plea, the cause number, the
sentence, and the date of sentence, as shown in the judgment of
conviction;
(cC) the cause number of any appeal from the conviction and the
citation
to
any
published
report;
(dD) whether a hearing was held on the application, whether findings of
fact were made, any recommendation of the convicting court, and the
name of the judge who presided over the application.;
(E)
the
name
of
counsel
if
applicant
is
represented.
The Court of Criminal Appeals may by order adopt a form of summary
sheet that the district clerks must use.
(4)
The district clerk shall also include in the record transmitted to the Court
of Criminal Appeals, among any other pertinent papers or supplements, the
indictment or information, any plea papers, the court’s docket sheet, the court’s
charge and the jury’s verdict, any proposed findings of fact and conclusions of
law, the court’s findings of fact and conclusions of law, any objections to the
court’s findings of fact and conclusions of law filed by either party, and the
transcript of any hearings held.
(5)
On the 181st day from the date of receipt of the application by the State of
a postconviction application for writ of habeas corpus under Article 11.07, the
district clerk shall forward the writ record to this Court unless the district court
has received an extension of time from the Court of Criminal Appeals pursuant to
Rule 73.4.5.
73.5.
Time Frame for Resolution of Claims Raised in Application
Within 180 days from the date of receipt of the application by the State, the convicting court
shall resolve any issues that the court has timely designated for resolution. Any motion for
extension of time must be filed in the Court of Criminal Appeals before the expiration of the
180-day period.
73.46. Action on Application
The Court may deny relief based upon its own review of the application or may issue such other
instructions or orders as may be appropriate.
For a complete copy of this Miscellaneous Order go to: www.supreme.courts.state.tx.us
(remaining portion of this order has been omitted for printing purposes – Appendix C- G)
37
Supreme Court Misc. Docket No. 14-9079
ORDERED that:
The Supreme Court of Texas hereby approves the attached Technology Standards,
Version 1.3, set by the Judicial Committee on Information Technology. These standards apply to
documents filed electronically under Texas Rule of Civil Procedure 21 and Texas Rule of
Appellate Procedure 9.
Dated: Marchc21_, 2014.
( Signatures omitted for printing purposes)
38
TECHNOLOGY STANDARDS
JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY
Version 1.3
Released: March 21, 2014
Introduction
PURPOSE
Pursuant to Texas Government Code, Chapter 77, Section 77.031, this document delineates standards
for the technological needs of the judicial system. This document is approved by the Judicial
Committee on Information Technology (JCIT) that was created by the 74th Texas Legislature. Changes
to this document are effective sixty (60) days after adoption and publication by the JCIT.
Versions
Version
1.0
1.1
1.2
1.3
Definitions
Action
Initial Draft
Added Audio/Video Standards
Added eFiling Filing Types
Added additional eFiling Types
Release Date
April 11, 2012
July 25, 2012
November 12, 2013
March 21, 2014
Attachment – any unique supporting document including exhibits and proposed orders that
are not defined in Rule 21 (a) of the Texas Rules of Civil Procedure.
Digital Media - any files stored in an electronic format. This can include (but is not limited to)
text, audio and video files.
Document – a pleading, plea, motion, application, request, exhibit, brief, memorandum of law,
or other instrument in electronic form.
DPI – Dots per inch
Lead Document – a document as defined by Rule 21 (a) of the Texas Rules of Civil Procedure. If
filing a single document, it is the lead document.
NARA - National Archives and Records Administration
NIEM – National Information Exchange Model – a partnership of the U.S. Department of Justice,
39
the U.S. Department of Homeland Security, and the U.S. Department of Health and Human
Services designed to develop, disseminate and support enterprise-wide information exchange
standards and processes that can enable jurisdictions to effectively share critical information in
emergency situations, as well as support the day-to-day operations of agencies throughout the
nation. NIEM was adopted formally by JCIT and is promulgated in data exchanges in Texas
Administrative Code, Title 1, Part 8, Chapter 177.
Electronic Court Filing (ECF) standards - a set of non-proprietary extensible markup
language (XML) and Web services specifications, along with clarifying explanations and
amendments to those specifications that have been added for the purpose of promoting
interoperability among electronic court filing vendors and systems.
OCA – Office of Court Administration
OCR – Optical Character Recognition
PDF – Portable Document Format – for the purpose of these standards this is PDF 1.4 (ISO
19005-1:2005 – Revised as ISP/NP 19005-1). This standard specifies how to use PDF for longterm preservation of electronic documents and is applicable to documents containing
combinations of character, raster and vector data.
PDF Software – software that conforms to International Organization for Standardization (ISO)
32000-1:2008. This standard specifies standards for creating (writing), reading, displaying and
interacting with PDF documents.
JCIT – Judicial Committee on Information Technology
References
•
•
•
•
•
•
Apple QuickTime supported formats - http://support.apple.com/kb/HT3775
NIEM – http://www.niem.gov
OASIS LegalXML Electronic Court Filing (ECF) specifications - http://www.oasisopen.org/committees/legalxml-courtfiling/
OASIS Digital Signature Services specifications - http://www.oasisopen.org/committees/dss/
VLC media player supported formats - http://www.videolan.org/vlc/features.html
Windows media player supported formats - http://support.microsoft.com/kb/316992
System Data Exchange Standards
In accordance with Texas Administrative Code, Title 1, Part 8, Chapter 177, Information exchanges
that occur between the various systems (electronic filing manager, case management, document
management, etc.) should occur using the current OASIS LegalXML specifications. The OASIS
LegalXML specification is a subset to NIEM.
Digital Media Standards
In addition to content and formatting promulgated by the Texas Rules of Civil Procedure, Texas Code
of Criminal Procedure, and Texas Rules of Appellate Procedure, the following standards apply to
digital media filed electronically or scanned from source records (filed after the effective date of these
standards) by the clerk.
40
Documents
A. An e-filed document must be in text-searchable PDF, using fonts specified in the PDF
specification, on 8.5x11 page size, with the content appropriately rotated.
B. When possible, the document should be generated directly from the originating software
using a PDF distiller.
C. Prior to being filed electronically, a scanned document must have a resolution of 300 DPI.
Preferably, scanned documents should be made searchable using OCR technology.
D. An e-filed document may not contain any security or feature restrictions including password
protection or encryption and may not contain embedded multi-media video, audio, or
programming.
E. Documents may not contain package PDF’s. PDF’s should not be embedded inside of another
PDF. Documents may not contain embedded fonts. Each Document must be a single PDF. An
appellate court may require that multiple PDF documents be combined into a single PDF
document and bookmarks used to separate content appropriately. The content of the
document should not depend on bookmarks.
F. Any e-filed document filename should contain only alphanumeric characters that are part of
the Latin1_General character set. No special characters are allowed and the length of the
filename should be restricted to 50 characters.
Audio/Video
A. When an audio/video file is natively supported by at least one media player listed in these
standards, the file must not be converted into another format.
B. If modifications are needed to enhance the native audio/video, a copy of the original must be
made. The modified copy (submitted in addition to the original audio/video) must also be
generated in a format supported by at least one media player listed in these standards.
C. The following media players are supported (specific audio/video formats can be found on
each media player’s website):
a. QuickTime (Apple)
b. VLC media player (VideoLAN Organization)
c. Windows media player (Microsoft)
Digital Signatures
Digital signatures applied to an electronic artifact shall conform to a digital signature profile as
described by the OASIS Digital Signature Services (DSS) Specification version 1.0
41
eFiling Filing Configurations
Below are the standard filing configurations to be used in the eFiling system for district, county court
at law, probate, and county courts. This list of filing configurations must be accepted in each court.
Courts and clerks may not add to this configuration, but may eliminate codes if not needed in a
particular jurisdiction.
It is important to note that these standards only apply to the electronic filing system which is a
delivery system and are NOT standards for a county case management or document management
system.
Child Support Cases (Title IV-D)
The following configurations are used in support of the Office of Attorney General’s Child
Support Division.
Case Categories/Types
Case Category Code
Title IV-D (OAG Use Only)
Filing Types
Case Type Code
(Title IV-D OAG Use Only)Establishment
(Title IV-D OAG Use Only)Paternity
(Title IV-D OAG Use Only)Interstate – No TX Cause
(Title IV-D OAG Use Only)Interstate – Existing TX Cause
(Title IV-D OAG Use Only)Enforcement
(Title IV-D OAG Use Only)Intervention
(Title IV-D OAG Use Only)Other – Billed
(Title IV-D OAG Use Only)Other – Not Billed
(Title IV-D OAG Use Only)Capias/Writ
(Title IV-D OAG Use Only)Service Documents
New Cases
(Title IV-D OAG Use
Only)Establishment
(Title IV-D OAG Use Only)Paternity
(Title IV-D OAG Use Only)Interstate –
No TX Cause
(Title IV-D OAG Use Only)Interstate –
Existing TX Cause
(Title IV-D OAG Use Only)Enforcement
(Title IV-D OAG Use Only)Intervention
(Title IV-D OAG Use Only)Other –
Billed
(Title IV-D OAG Use Only)Other – Not
Billed
(Title IV-D OAG Use Only)Capias/Writ
(Title IV-D OAG Use Only)Service
Documents
42
Subsequent Filings
(Title IV-D OAG Use Only)Establishment
(Title IV-D OAG Use Only)Paternity
(Title IV-D OAG Use Only)Interstate – No
TX Cause
(Title IV-D OAG Use Only)Interstate –
Existing TX Cause
(Title IV-D OAG Use Only)Enforcement
(Title IV-D OAG Use Only)Intervention
(Title IV-D OAG Use Only)Other – Billed
(Title IV-D OAG Use Only)Other – Not Billed
(Title IV-D OAG Use Only)Capias/Writ
(Title IV-D OAG Use Only)Service
Documents
Party Types
For each Title IV-D case type, the court will list one (1) Petitioner and two (2) Respondents as
required party types.
Civil Cases
Case Categories/Types
Case Category Code
Civil - Contract
Civil - Employment
Civil – Injury or Damage
Civil – Other Civil
Case Type Codes
Debt/Contract - Consumer/DTPA
Debt/Contract - Debt/Contract
Debt/Contract - Fraud/Misrepresentation
Debt/Contract - Other
Foreclosure - Home Equity-Expedited
Foreclosure - Other
Franchise
Insurance
Landlord/Tenant
Non-Competition
Partnership
Other Contract
Discrimination
Retaliation
Termination
Workers' Compensation
Other Employment
Assault/Battery
Construction
Defamation
Malpractice - Accounting
Malpractice - Medical
Malpractice - Other Professional Liability
Motor Vehicle Accident
Premises
Product Liability - Asbestos/Silica
Product Liability - Other
Other Injury or Damage
Administrative Appeal
Antitrust/Unfair Competition
Code Violations
Communicable Disease (H&S Code Sec.
81.151)
Foreign Judgment
Garnishment
Intellectual Property
43
Civil – Real Property
Civil – Related to Criminal Matters
Civil - Tax
Filing Types
New Case
Affidavit of Indigency
Application
Petition
Transfer (County Use Only)
Lawyer Discipline
Perpetuate Testimony
Securities/Stock
Tortious Interference
Toll Road
Other Civil
Eminent Domain/Condemnation
Partition
Quiet Title
Trespass to Try Title
Other Property
Expunction
Judgment Nisi
Non-Disclosure
Seizure/Forfeiture
Writ of Habeas Corpus - Pre-indictment
Other
Tax Appraisal
Tax Delinquency
Other Tax
Subsequent Filings
Affidavit of Indigency
Amended Filing
Answer/Contest/Response
Bond
Counter Claim/Intervention/Third Party
Filing of Action other than Original (LGC 118.054)
Motion (No Fee)
Motion for Contempt
Motion for Enforcement
Motion for New Trial
Motion to Modify
Motion to Reinstate
Motion to Terminate Wage Withholding
Motion to Transfer
Notice
Notice of Appeal
No Fee Documents
Proposed Order
Request
44
Family/Juvenile Cases
Case Categories/Types
Case Category Code
Family/Juvenile – Marriage
Relationship
Case Type Codes
Annulment
Declare Marriage Void
Divorce with Children
Divorce No Children
Family/Juvenile - Other Family Law
Enforce Foreign Judgment
Habeas Corpus
Name Change
Protective Order
Removal of Disabilities of Minority
Other
Adoption/Adoption with Termination
Child Protection
Child Support
Custody or Visitation
Gestational Parenting
Grandparent Access
Parentage/Paternity
Termination of Parental Rights
Other Parent-Child
Enforcement
Modification - Custody
Modification - Other
Family/Juvenile - Parent-Child
Relationship
Family/Juvenile - Post-judgment
Actions
Filing Types
New Case
Affidavit of Indigency
Application
Petition
Transfer (County Use Only)
Subsequent Filings
Affidavit of Indigency
Amended Filing
Answer/Contest/Response/Waiver
Bond
Counter Claim/Intervention/ Third Party
Motion (No Fee)
Motion for Contempt
Motion for Enforcement
Motion for New Trial
Motion to Modify
Motion to Reinstate
Motion to Revoke/Suspend/Withhold
Motion to Stay
Motion to Terminate Wage Withholding
45
Motion to Transfer
Notice
Notice of Appeal
Notice of Delinquency
No Fee Documents
Proposed Order
Request
Probate and Mental Health Cases
Case CATEGORIES/Types
Case Category Code
Probate/Mental Health
Filing Types
New Case
Affidavit of Indigency
Application
Petition
Will/Codicil
Case Type Codes
Dependent Administration
Independent Administration
Other Estate Proceedings
Guardianship - Adult
Guardianship - Minor
Mental Health
Other
Subsequent Filings
Affidavit of Indigency
Annual Account (before 120 days)
Annual Account (after 120 days)
Annual Report (before 120 days)
Annual Report (after 120 days)
Answer/Contest/Response
Application for Removal – Chapter 48
Application in an Existing Estate
Application on Sale of Personal Property (before 120
days)
Application on Sale of Personal Property (after 120 days)
Application on Sale of Real Property (before 120 days)
Application on Sale of Real Property (after 120 days)
Bond (before 120 days)
Bond (after 120 days)
Claim
Counter Claim
Final Account (before 120 days)
Final Account (after 120 days)
Final Report (before 120 days)
Final Report (after 120 days)
Inventory
Inventory – (filed after the 90th day after the date the
personal rep has qualified)
46
Jury Demand
Motion
No Fee Documents
Notice
Oath (before 120 days)
Oath (after 120 days)
Proposed Order
Request
Suggestion of Need for Guardian – Sec 683
Will/Codicil
Multi-District Litigation (MDL) Cases
Case CATEGORIES/Types
Case Category Code
Multi-District Litigation (MDL)
Filing Types
New Case
Affidavit of Indigency
Application
Petition
Transfer (County Use Only)
Case Type Codes
MDL - Asbestosis
MDL - Hurricane Ike
MDL - Product Liability
Subsequent Filings
Affidavit of Indigency
Amended Filing
Answer/Contest/Response
Bond
Counter Claim/Intervention/ Third Party
Motion (No Fee)
Motion for Contempt
Motion for Enforcement
Motion for New Trial
Motion to Modify
Motion to Reinstate
Motion to Terminate Wage Withholding
Motion to Transfer
Notice
Notice of Appeal
No Fee Documents
Proposed Order
Request
47
Other Standard System Configurations
Acceptance of Documents Tendered for Filing
A clerk must accept a document tendered for e-filing unless specifically authorized not to
accept the document(s) by statute or by the Rules of Civil Procedure for the reasons listed
below.
Category
Sealed Documents
Vexatious Litigant
Reason
Documents filed under seal or presented to
court in camera cannot be eFiled.
Filer has been found to be a vexatious litigant
and has not presented an order from the
local administrative judge permitting the
filing.
Authority
TRCP 21(f)(4)
CPRC §11.103
Request for Correction
A clerk may request a filer to correct an e-filed document only for the following reasons. The
request must state the reason and reference any supporting authority as follows:
Category
Insufficient Fees
Reason
Fees submitted are insufficient. Please
resubmit your filing with the correct case
type/filing type. <provide short summary as
to what fees were not included>
Insufficient Funds
Credit Card was declined. Please resubmit
with a valid method of payment.
Document Addressed
to Wrong Clerk
The document is addressed to a court for
which this clerk’s office does not accept
filings. Please correct or re-file with the
appropriate clerk’s office.
48
Authority
TRCP 99(d)
and Gov’t Code,
§51.318(b)(7)
and (8)
Gov’t Code
§51.317(a)
Local Gov’t
Code §118.052;
§118.121; or
§118.131
TRCP 99(d)
and Gov’t Code,
§51.318(b)(7)
and (8)
Gov’t Code
§51.317(a)
Local Gov’t
Code §118.052;
§118.121; or
§118.131
Incorrect/Incomplete Please resubmit using the correct
Information
• Cause number
• Case Type
• Case Category
• Filing Code
Party Names on document(s)
Incorrect Formatting Please resubmit the document
• By rotating the document so that the
file mark will appear in the upper
right corner
• In text searchable PDF
• Directly converted to PDF if possible.
• With a 300dpi resolution
• With a page size of 8.5”x11”
With no embedded fonts
PDF Documents
You have submitted multiple documents for
Combined
filing in a single PDF. The file-mark will only
appear on documents submitted as lead
documents. Please file all lead documents as
separate PDF documents.
Illegible/Unreadable Please resubmit in a format that is legible.
Sensitive Data
Please resubmit in five (5) business days
with all sensitive data redacted:
• DL, SSN, Passport Number, Tax ID
Number, Government Issued ID
Number
• Bank Account Number, Credit Card
Number, Financial Account Number
• Birth Date, Home Address and name
of any person who was a minor when
the suit was filed.
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TRCP 21 (f)(8)
TRCP 21c (a-f)
NOTE:
Family
Code
§102.008 and
§105.006
require
identification of
children by
name and DOB
Guidelines for Infrastructure
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Efiletexas.gov Guidelines for Infrastructure
Overview
eFileTexas.gov is powered by a comprehensive COTS software package from Tyler Technologies with
functionality that provides for flexibility in setup and usage to meet the specific requirements of courts
and the e-filing community they serve.
This software package, known as Odyssey File & Serve (OFS), implements a high availability hardware
architecture by providing redundancy across its environments, including web servers, application
servers, network, Internet contact and power source. In so doing, we eliminate any single point of
failure. Additionally, we use multiple, geographically diverse data centers in Texas and New England in
the event that the primary application is unavailable.
OFS architecture uses advanced market firewalls and application layering to provide a strong security
implementation. OFS uses secure socket layer (SSL) to transmit documents between EFSPs and the
courts. All documents submitted are checked for viruses, and any document that is infected is rejected.
No documents infected with viruses will be transmitted to the court. To ensure integrity, the system
returns a hash for each filed document and maintains a history of all hashes associated with a
document. The system also provides an audit log of all transactions based on user ID.
The presentation tier of the eFileTexas.gov system is a Microsoft Silverlight application hosted within a
browser. The Silverlight plugin is freely available from Microsoft and enables a rich user experience
across a broad set of browsers (including Internet Explorer, Firefox, Safari, and Chrome) that run on
desktop operating systems.
While the core OFS system operates in a hosted environment, there are several areas courts must
consider when planning and budgeting for integration with eFileTexas.gov. This document is intended to
outline those areas of consideration, as well as provide recommendations from eFileTexas.gov for a
variety of infrastructure needs.
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Internet Bandwidth Guidelines
The following Internet bandwidth guidelines are intended to facilitate optimal performance with
eFileTexas.gov during normal and peak usage. Due to the high level of variability in network environments,
performance cannot be guaranteed based on bandwidth alone. Network design, PC
specifications, and the stability of a court’s Internet service all affect online software performance.
Definitions:
Dedicated Internet – Users connect to eFileTexas.gov via a dedicated Internet connection exclusively
reserved for that purpose.
Shared Internet – Everyday Internet usage, email and third-party network applications compete with
eFileTexas.gov for limited Internet bandwidth.
Examples:
Moderate File Transfer Volume example – A clerk who downloads/processes 20-30 documents per day.
Heavy File Transfer Volume example – A clerk who downloads/processes 100 or more documents per
day.
Redundancy:
Processing electronic filings is heavily reliant on Internet connectivity. As such, redundant and/or backup
Internet connections are recommended.
PC Hardware and Web Browser Guidelines
eFileTexas.gov leverages Web-based applications that require no unique software, middleware, or
hardware to function. As described above, the presentation tier is a Microsoft Silverlight application that
is hosted in a browser. The Silverlight plugin is freely available from Microsoft and enables a rich user
experience across a broad set of browsers (including Internet Explorer, Firefox, Safari, and Chrome) that
run on desktop operating systems.
Our kiosk solution provides the ability for a filer to submit an anonymous or registered file without
incurring a filing fee. The filer can utilize a thumb drive, access an e-mail account and save the file to a
court provided workstation, or optionally utilize a court provided scanner to facilitate the upload of an
electronic file with the filing.
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PC Hardware Recommendations
Web Browser Support
*Limited Support: Browser will be supported in a future release
Scanner Setting Recommendations:
Offices participating in e-filing may choose to place a PC with an attached scanner in their front lobby to
assist walk-up filers. The following settings are recommended for such scanners based on an office’s use of
OCR technology.
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Storage Guidelines
The following guidelines can be used to predict the amount of storage capacity needed to support e-filing
data and documents transmitted to a jurisdiction on an annual basis based on population. These general
rules may be used to produce both a high and low estimate for filings in a mandatory environment:
Predicting Annual Filing Volume:
High Annual Filing Volume Estimate: [Population] / [3]
Low Annual Filing Volume Estimate: [Population] / [10]
Predicting Annual Storage Needs:
High Annual Storage Estimate: [High Annual Filing Volume] / [1.23] * [610KB]
Low Annual Storage Estimate: [Low Annual Filing Volume] / [1.23] * [610KB]
Example:
2010 Census Population Count: 800,000
High Annual Filing Volume Estimate: [800,000] / [3] = 266,667 Filings
Low Annual Filing Volume Estimate: [800,000] / [10] = 80,000 Filings
High Annual Storage Estimate: [266,667] / [1.23] * [610KB] = 126 GB
Low Annual Storage Estimate: [80,000] / [1.23] * [610KB] = 38 GB
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Storage Constants Used for Estimates:
Assumed Average number of Filings per Envelope: 1.23
Assumed Average Envelope size: 610KB
Highest Population/Filing Ratio: 3:1
Lowest Population/Filing Ratio: 10:1
Additional Storage Statistics:
Assumed Average case file record size: 40KB
Assumed Average PDF page size: 120KB
Minimum Observed Envelope Size: 643 bytes
Maximum Observed Envelope Size: 2.2 GB
Odyssey Integration Server Requirements
eFileTexas.gov’s integration with Odyssey supports interoperability among systems using the
Information Hub in a service-oriented architecture through the Odyssey Integration Toolkit.
Communication between the Information Hub and Odyssey’s core integration services utilizes the
Odyssey Translation Bus (OTB) service operating on dedicated integration hardware compatible with
virtualization.
Integration Server Count Recommendations Based on Filing Volume:
Minimum:
Two integration servers with load balancing dedicated solely to eFileTexas.gov integration
Optimum:
Two integration servers with load balancing dedicated solely to eFileTexas.gov integration
Plus
One additional Integration Server for every 500,000 annual filings above 1,000,000
Example 1:
Annual Filing Volume: 50,000
Integration Server Count: 2
Example 2:
Annual Filing Volume: 2,500,000
Integration Server Count: 5 [2 (minimum) + 3 (1.5M / .5M)]
Server Hardware Recommendations:
Minimum: Two cores, 4GB RAM, 2x 300GB 15K 3.5" SAS disks, RAID1
Recommended: Four cores or more, 16GB RAM, 2x 300GB 15K 3.5" SAS disks, RAID1
Server Operating System Compatibility:
55
(1) ‘Future’ columns indicate changes anticipated for future Odyssey release(s). Blank cells indicate no
change compared to the most recently published release. Information in ‘Future’ columns may be subject to
change.
(2) Anticipated announcement date for support is July 1, 2013. Windows Server 2012 will be supported
only with Odyssey 2013 and later.
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Reviewer Information
57
Information for Reviewers
Go to EFILETEXAS.gov for up to date training
information and links to assist with
implementation.
58
Test Stage Environment Information
Tyler configured a Stage environment of eFileTexas
with 2 “dummy” courts that illustrate the standard
for filing codes.
• If you attempt to add a new case on that site, you
will find two new Texas Standard locations at the
bottom of the list. They are labeled:
zTexas Standard County Clerk
zTexas Standard District Clerk
If you do not have a login yet, it is recommend you
watch the training videos on the web site, then use
the following information to begin familiarizing
yourself with the site:
• Site URL: https://filerstage.efiletexas.gov/
• User Name: standardcounty@efiletexas.gov
• Password: abcd1234
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SAMPLE LETTER OF DOUCMENTS
RETURNED ONCE YOU CAN NO
LONGER ACCEPT BY MAIL
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Frequently Asked Questions (FAQs) from Clerks and Counties
1.
When is the mandatory "go live" date?
Refer to the rules to determine your mandatory Go-Live date, however, you may begin e-filing sooner
by contacting Tyler Technologies at: terry.derrick@tylertech.com
2. What case types are included/excluded in the mandate?
All Civil, Family, Probate, and criminal-related civil filings such as expunctions are included. Juvenile
delinquent and case filed under seal are not included in the mandate.
3. Which filings are considered to be an emergency?
Per the Supreme Court rules, no filings constitute an emergency, unless there is a power outage or
some other catastrophic event. A TRO or Protective Order may be given special attention to ensure
proper steps are taken to provide prompt services. Contact the clerk’s office to receive special
instruction if needed.
4. Is Criminal included in the mandate?
Partially; criminal-related civil filings such as expunctions are included, otherwise, criminal is not
included. We anticipate criminal will go live in the near future.
5. How will pro-se clients file documents?
Pro-se filers are not required to e-file, however, they may e-file if they choose to. Some counties have
provided a public e-file kiosk that may be utilized.
6. What happens if documents are mailed in to be filed?
Documents sent by mail from an attorney, or their representative, on a case in which they represent a
party will be returned by mail unfiled.
7. If an eFiling Service Provider (EFSP) is used, will the filer get a file-marked copy back?
Yes, once a document is accepted, the filer will receive a file marked copy through their EFSP.
8. Do documents need to be put in a PDF format?
Yes. The Supreme Court rules require all documents be filed in a searchable PDF format when possible.
9. Do the attorneys have to use eFileTexas.gov as their electronic filing service provider (EFSP)?
No; attorneys may choose their EFSP. A list of certified EFSPs can be found by visiting eFileTexas.gov,
then by clicking "Choose an e-filing service provider." A filer may have more than one service provider.
10. How will affidavits of inability and filings from court appointed attorneys be handled?
There is a "waiver" option that will waive all fees with eFileTexas.gov. There must be a supporting
affidavit when filing as indigent. If you have trouble setting up a waiver account, contact the clerk’s
office in the county in which you are filing.
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11. How will the clerks return citations for service?
If a private process service is being used then attorneys will receive an electronic citation to print and
give to their private process servers to serve. If payment is received for copies a paper citation and copy
may be forwarded to the Sheriff’s office, Constable or returned back to the filer for processing. The
options will vary from county to county. Returns of service may be e-filed.
12. Will process servers have to e-file their returns and will they have to pay?
Process servers may e-file returns, but they are not required to do so. They also will not be required to
pay. They may select the "waiver" option or the attorney may e-file the return of citation.
13. If an attorney needs to file a pleading during a hearing, do they submit a paper document to file at the bench?
No. Pleadings will need to be e-filed prior to the hearing.
14. How are proposed orders submitted to the court?
Using efiletexas.org you may efile your proposed order. There will be various business processes from
county to county on how these will be handled once filed. Check with the clerk’s office for information.
15. How will attorneys obtain a certified copy of a decree?
Certified Copies may be purchased for $1 per page. You will need to request one from the clerk. Some
counties have provided a portal on line where they may be purchased.
16. How will mediators e-file?
Mediators, process servers, and any court appointed attorney may file for a "waiver" account with
eFileTexas.gov.
17. Is a new envelope necessary for every document?
No. Multiple filings may be filed using the same envelope provided the documents are being filed into
the same case during the same transaction.
18. Once an envelope has been filed and accepted, can the filer continue to file into that same envelope?
No. Filings may be filed into the same case but a new envelope number will be generated.
19. Are standing orders required to be attached?
Yes, this will assist the clerk in not having to modify your filing to include or return it for correction. This
is a business process that may vary from county office to county office. However, the recommendation
would be to return the filing back to the filer using the return for correction reason of
“Incorrect/Incomplete Information”. In the comments, the reviewer can inform the filer what he/she
needs to add to complete the filing successfully.
20.
If a filed document is returned for corrections and it is up against a deadline, will the deadline be waived?
The filer may present the Judge with the original submission receipt received at the time of filing. It is
then the Judge's discretion to determine if the filing deadline has been met. There are avenues to
time stamp the document the original submission date, but this is not done automatically and must
be requested and approved.
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21. When filing a new petition, should the filer electronically file the petition or the case filing cover sheet first?
The petition will need to be filed first so that the petition appears as the opening event in the case
management system. The case filing cover sheet can be included as another document in that same
envelope.
22. If a filing is returned for corrections will the filer still be charged the credit card convenience fee?
It will be up to your service provider if this fee will be waived when a document is returned.
23. Are e-filed documents considered to be the court's original copy?
Any electronically filed document is deemed the original upon acceptance.
24. Are attachments okay to use?
No. The "Attachment" feature, although available, is not allowed for use for Collin County District
Court Filings. If multiple documents that pertain to a single pleading are submitted, they must be a
part of the pleading and scanned as a single document. They must also be bookmarked. (See
Number 25)
25. Should exhibits be filed as attachments?
No. Exhibits along with any documents pertaining to a single filing must be scanned in with the
pleading as one PDF file, not as an attachment. As with all documents they must be in a searchable
PDF format and page numbered. Additionally, they must be bookmarked.
26. Do minor children need to be added as parties to a case?
Yes. Minor children must be added as parties to family law cases when filing to create a new case.
27.
When you accept an e-filing how long is it before the County receives the fees?
The fees are displayed in your bank account immediately. However, it may take 24-48 hours for the
funds to completely clear the bank.
28.
If the judge needs to sign a proposed order, does it have to be printed out, signed and rescanned back
in?
No, the clerk can forward an envelope to a queue set up for the judge and the judge can use the
review tools to apply their configured signature to the document before sending the envelope back
to the clerk.
29.
How do you insert the case number and judicial district on a filing if your case management system is
integrated with the eFileTexas system?
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This information can be automatically stamped onto the document upon acceptance. However, you
also have the ability to insert text onto the document and configure manual stamps that can be
applied at your discretion.
30.
How do you insert the case number and judicial district on a filing if you are not integrated?
The eFileTexas system has the ability to insert text onto the document and configure manual stamps
that can be applied at your discretion.
31.
What is the process for collecting the $2 transaction fee?
Since this will be a new fee that is being collected, the standard procedure is to get this $2 fee locally
approved in commissioner’s court. You must also submit your Annual Report for Certification of the
Cost Recovery Fee for E-Filing with the State of Texas. You can find that form using the link below:
http://www.courts.state.tx.us/jcit/Efiling/pdf/EFilingFeeCertificationCounty1013.pdf
32.
How long can we collect the $2 Cost Recovery Fee?
Currently until 2019.
33.
How often do I have to get approval for Cost Recovery Fee?
It has to be done annually, 30 days following the last day of the county fiscal year.
34.
Does e-Filing or collection of the transaction fee require any action from the commissioner’s court?
Efiling is mandatory and does not require Commissioner’s Court approval, however, it is
recommended that you keep the court informed of your progress and needs as you get ready for
efiling in your county. The transaction fee is a fee that can be collected for each envelope. Approval
from the court may vary from county to county. Seek guidance from your auditor.
35.
How do we handle Proof of Death and Oath documents on the day of the hearing?
Presently, attorneys bring the required Proof of Death, Order, and/or Oath on the day of the
hearing and we swear the appointed guardian/executor/administrator and/or witness to these
documents.
36. Will file folders still be necessary to hold original wills and original bonds?
Tex. Rules of Civil Procedure. Rule 21.(f)(13) Official Record. The clerk may designate an
electronically filed document or a scanned paper document as the official court record. The clerk is
not required to keep both paper and electronic versions of the same document unless otherwise
required by local rule. But the clerk must retain an original will filed for probate in a numbered file
folder.
37. How are Wills handled?
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Wills are not required to be filed electronically. The party will need to electronically file the
application for probate, and must file the original will within three business days after the
application is filed.
38. How do conformed copies work in the e-Filing world? Currently if an attorney were to mail a Motion
and Order for Nonsuit or Order of Dismissal, they would send in a copy for us to conform “free of
charge” but if they are e-Filing the Motion and proposed Order then can we e-Serve the signed order
back to attorney once the order is signed?
Texas Rules of Civil Procedure. Rule 21.(f) (10) Electronic Notices From the Court. The clerk may
send notices, orders, or other communications about the case to the party electronically. A court
seal may be electronic.
39. Is there a way to edit the “Electronically Filed” stamp in EfileTexas.gov? We would like to not have it
stamp orders in probate since they are not filed until the Judge signs or at least be able to edit the
text.
Electronic File Stamps can be configured to be editable so that the clerk can edit the stamp prior
to acceptance.
40. What gets file marked with the automatic stamp? Lead doc? Attachments? Every single page?
The system can be configured for all pages or just the cover page. It can configured to be the
lead document or set to lead and attachments. You can also configure a manual stamp for any
attachments that need a file mark, during the review process.
41. How are other counties handling the $2.00 Judge’s Order Fee in probate? Should we separate the
actual filing fee for the document and the order fee so when submitted, a filer is required to
choose “Proposed Order” all the time?
You can configure the system to have the document type “proposed order” not linked to fee,
and require the filer to select a “proposed order fee” from Optional Services.
42. When a new case is e-Filed, parties are entered by the filer and upon acceptance, the case is
created in the Case Management System which creates a new party even if the party exists in Case
Management Systems. This would mean that several parties could be created in the CMS at one
time if a filer is filing several cases with the same party in common. Attorney’s information is not
duplicated because they are identified by their SBN. Is there a way to keep multiple party entries
for the same party from being created in the CMS if a case is e-Filed?
Some CMS applications have the ability to match parties based on criteria specified at the
time of filing. You should reach out to your CMS vendor to see if they possess this feature
within their CMS. With the above said, most non-criminal cases do not contain a lot of party
data to match to an existing party. In these instances, the ability to match parties may not be
65
feasible. If this is the case, your CMS provider may offer an opportunity to match and merge
the parties on the backend, within the CMS. Please reach out to your CMS vendor to see what
the recommended approach is for your application.
43. There are “court use only” filing codes, are there also “court use only” case types?
No, filing codes are the only attribute that is able to have a set of codes that only court staff are
able to view.
44.
Should we assess case initiation fees on the case type or as optional services?
This is a business process decision. Our experience shows that most counties typically tie these
fees to the case type. The exception would be “Other” case types as the fees for “Other” can
vary. In this situation, Optional Services are generally used.
45.
How do I know if the optional service is for case initiation fee?
All case initiation fee will have the following prefix: Case Initiation Fee – <Case Type>
46.
How do I get reports from eFileTexas?
Currently, they are scheduled to run automatically and are emailed to the configured recipients
in each office. If you need an additional copy of the report, you can contact the Tyler
Technologies eFileTexas Support team.
47. How can I make changes to the configuration for our office?
Configuration change requests need to be submitted to Tyler Technologies eFileTexas Support
for processing.
48. Can eFileTexas be configured to email me when my office gets filings submitted to our queue(s)?
Currently there is not email notifications when filings arrive in the review queues.
49. Many Pro Se individuals do not have credit/debit cards (they are unbanked). Does Chase accept
pre-paid cards?
Yes, and master card / Visa prepaid card will work.
50. How will the fees work for an Affidavit of Inability to Pay Costs? Will it be different for Pro Se
individuals? Currently in our county, when that is filed a hearing is set for it to be granted or
denied.
This is a business process for the courts to decide. The affidavit can be filed using a waiver.
However , how the hearing is set and if the request is denied the courts will have to determine
how to assess the fee.
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51. Can e-file stamps create stamps in color and will they print in color? Will the color show up on the
forms e-filed in the CMS?
Yes stamps can be in color. The clerk will need a color printer to print them in color. The color
within the CMS is dependent upon the CMS.
52. What happens when the debit/credit card is denied or the filer has insufficient funds in the
account? Will the e-file document be processed?
No. When a filer hits "submit" their account is “held” for the amount of the filing. If there are
insufficient funds, the filing process stops and they receive a "Declined" message.
53. How do you reconcile e-file at the end of each day (how do you balance your books)?
Money collected through E-filing will have be reconciled independently of any money collected
over the counter. However, they can be combined if your office chooses to combine them for a
total reconciliation process at day’s end.
54. If the filer files under the wrong filing type for something on $100 and the court reviews it and
updates it to a different filing that was $150, the credit card is over the limit, or fails, what
happens?
When the filer changes the code it reauthorizes the credit card, if the card is declined the
reviewer will get the following message, “Could not perform payment processing because the
account has been declined. Ensure there are sufficient funds available and that the account has
not expired (Payment was declined).” Due to this, it is recommended that the reviewer only
modify the filing if the fee is equal to or less than the original filing amount. If the amount is
higher, it is suggested that the reviewer return the filing for correction.
55. Will there be Chase training?
Yes, online through a screen share.
56. What additional information can be provided regarding the charge back process from Chase?
Go to: https://www.chasepaymentech.com/chargebacks.html
57. Do I need a Chase bank account to use e-Filing? If so, what should I do if there isn’t a Chase in the
city I work in?
No, you do not need a Chase bank account to use eFileTexas. Chase PaymenTech is the
payment processor that takes the money collected and will deposit it into the bank account of
your choice.
58. If changes are made in the CMS, how will it affect eFileTexas.gov?
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If a change is made to a client's CMS and not updated in eFileTexas.gov the filings will not be
able to successfully transmit to their CMS. They will end up in the System Errors or Errored
Filings review queue.
59. What is the difference between the submission date and the accepted date?
The submission date is the date/time a filer submitted their paperwork; the accepted date is the
time/date the court reviewer accepts the filing.
60. Do we need two Chase MIDs if we use over the counter payments?
Yes, you need two different Merchant IDs. The eFileTexas Chase MID is set up as a secure token
exchange, required by PCI for reoccurring payments, where credit card numbers are stored. On
the over the counter payments, the credit cards are not stored the same way, so it does not
require the same kind of token exchange account type.
61. Can you prioritize filings within the Review Queue? For example, time sensitive files needing to be
reviewed by a Judge.
A priority can be set on which review routing rule will be viewed first. However, currently there
is no way to prioritize filings once they are in the review queues. They are listed using the First
In, First Out method.
62. Will attorneys receive an auto-reply of a service notification once document is accepted?
Yes. If both attorneys have consented to eService and are listed on the case contact list; once
the court accepts the document, service is automatically delivered to all parties selected from
the case contact list.
63. Are Kiosks required?
No. However, we recommend having a station of some sort for electronic filing.
64. For customers not reading in to an integration, is there a way for a filer to subsequently file in to
an existing case that is not stored in eFileTexas?
Yes. If the filer searches for a case that exists in the CMS, but not in the eFileTexas system, the
filer has the option to subsequently file into, even though the eFileTexas system does not have
that data.
65. How long will the eFileTexas configuration and implementation take?
2 to 5 months, depending on the speed of the county.
66. Will judges need to be involved?
It is recommended to include them in the conversations regarding e-Filing and provide them an
opportunity to participate, if they would like.
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67. Will Tyler Technologies provide local bar presentations?
Yes. Tyler Technologies offers a local bar presentation in the form of a webinar, to help spread
the word about e-Filing in your county.
68. Will I need to update my CMS Codes to match the Technology Standard codes if I am integrated?
You can update your CMS codes to match the Technology Standard codes. However, you may
also configure your CMS filing codes in eFileTexas and mark them as “Is Court Only”. This will
allow you to change the filing code at the time review, to allow for it to integrate seamlessly
with your CMS. Your case types can also be mapped up directly to the Technology Standards.
69. How will changes and calls be handled after my implemenation?
Your project manager and implementation specialist will be in close contact for the first few
weeks of your go live. After that, they will begin to direct you to using the support portal for
future requests.
70. How are files submitted on Saturday or after hours handled?
Files that are submitted on Saturday or after hours will stay in the queue and await a clerk to
review them. When the clerk reviews them, they will be handled the same way.
71. When are documents deemed filed?
Filings are deemed filed on the day of transmission, regardless of the acceptance date. The only
exception to this is if the filing is filed on Saturday, Sunday or a legal holiday. If this is the case,
then the filing will be deemed filed the following business day.
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eFileTexas.gov Returned for Correction –
Court Procedures
Overview
When a filing does not meet the acceptance criteria established by the Court, at the Court’s discretion,
the filing may be resubmitted within a given timeframe in order to retain the original filing submission
date.
The purpose of this document is to present the process of returning a filing to the filer for
correction and working the resubmitted filing.
The general process is as follows:
1. Determine if a Return for Correction envelope is a candidate for retaining the original
submitted date.
2. Notify the filer that timely resubmission is necessary to retain the original submitted
date.
3. Verifying that the resubmitted filing should retain the date of the original filing.
4. Setting the Docket Date to the original submitted date
a. The Docket Date is the date that the filing is submitted.
5. Accept the resubmitted filing.
This document assumes that the audience has a working understanding of the eFileTexas
application.
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Returning a Filing for Correction
When a filing does not meet the criteria for acceptance, it can be returned to the filer for
correction.
To return the filing to the filer for correction perform the following:
1. Click the Reject Filing icon ( ).
2. Select a Reason
a. If the intent is to allow the filer to resubmit the filing and retain the submission date
of the filing that is being rejected, include a date that the filer will need to resubmit the
filing by in addition to any instructions for the filer in the comment field (see Figure 1 Reject Dialog).
3. Click Confirm Reject
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How to Identify a Filing that Should Retain the
Original Submitted Date
When a filing is submitted for review, the Reviewer will need to view the Filing Information section
(see Figure 2- Filing Information Section) to determine if the filing is a candidate for retaining the
original submitted date.
Figure 2 - Filing Information Section
If the Comments include information about the original submission of the filing, the Reviewer can verify
that the submitted date of the current envelope should be the date of submission of the original envelope.
•
•
The filer should provide the envelope number and submitted date of the original filing.
In the example in Figure 1 above, the current envelope (00038134) is a resubmission
of envelope 38129 which was originally submitted on 12/30/2013.
To verify that filer was instructed in the original envelope to resubmit within a specified
timeframe to retain the original submitted date, view the Rejection Information section in the
Filing Details dialog of the original envelope (see Figure 3 - Filing Details Dialog)
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Figure 3 - Filing Details Dialog
Detail about the Returned for Correction is displayed for each filings within the envelope.
Changing the Docket Date
Once it is determined that the resubmitted envelope should retain the submitted date of the original
envelope, the Docket Date will need to be modified.
To modify the Docket Date:
1. Click on the date associated with the Docket Date field.
2. Enter the desired date or click on the calendar icon to select a date (See Figure 4 Docket Date). The time can also be changed if necessary.
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Clerks Outreach Ideas and
Samples of Information
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Outreach Suggestions/Examples
•
•
•
•
•
•
•
•
•
•
•
County EFSP Fair (Flyer promoting Electronic Filing Service Provider Fair) - A flyer was printed,
posted at county offices, on the county website and use of social media. It can also be mailed
with the letters of support from Judge(s) to all member of your County Bar Association
E-filing Letter of support from Judge inviting all attorneys and legal professionals to attend the
EFSP Fair and E-file day
If possible use something that may already be on your calendar to “piggy back” on, to help get
your e-file message out.
EFSP Fair Media Outreach Plan - The plan was utilized to help promote the event and the
transition to e-filing while ensuring the affected audience was aware of and prepared for the
change.
Efiletexas.gov- have Tyler Technologies attend a bar association meetings, local conferences, and
other meetings that may be scheduled to help get the information out
Efiletexas.gov has regularly scheduled Webinars- The clerk’s offices can provide a copy of the
webinar schedule to constituents as well as post the schedules in county buildings. A public
viewing of the webinar could be organized and held where attorneys are invited to watch the
webinar during their "down-time."
Efiletexas.gov Reminder Inserts/flyers - The notices can be printed, posted and inserted in all
outgoing correspondence from the clerk’s office reminding and encouraging attorneys/legal
professionals not to wait to get ready now for e-file and the mandate.
Press Release- Issue a press release notifying/reminding the public about the e-filing mandate and
the change that is coming.
Cover letter: Return Mail - Letter was mailed to attorneys filing paper documents (via mail) after
the mandate date kicked in returning their civil case paper filings and instructing them they must
e-file.
E-filing Q&A Sessions Flyer – Conduct an E-file Q & A event before and after the county's go-live
date to allow attorneys and legal professionals the opportunity to learn more about the mandate
and the process. Utilize media and publications to get the word out. Develop a Q&A reference in
anticipation of the event. This will also assist your staff in answering questions. If a question is
asked that you are not sure of the answer, utilize efiletexas.gov to ascertain the answer and get
back with the person who asked the question.
When meetings are held, have a sign in sheet so an email can be sent to inform those in
attendance of any outstanding issues, unanswered question or any concerns that may have been
brought up during the meeting.
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Planning Meeting for Judges and Court Personnel
Getting everyone involved is key!
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Sample of Notice to Attorney and Legal Community
Are You Prepared for E-Filing?
For on-line training and set-up information go to:
https://efile.txcourts.gov/
Or
Contact the District Clerk’s office for an appointment. We can assist in
getting you in set-up and ready to electronically file.
Contact Vicki Vines at 325-659-6579 or at
vicki.vines@co.tom-green.tx.us
to schedule your appointment today.
Training will be conducted in the courthouse
on the 1st floor at the public E-file Kiosk.
LreLe
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SAMPLE LETTER FROM DISTRICT JUDGE TO
LOCAL BAR
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EXAMPLE of Efiling Q&A Sessions for the legal community
1.
What if I am filing a civil suit with multiple plaintiffs?
A: The fees listed for filing a civil suit include a suit with up to 10 plaintiffs. The filing fee increases an additional
$25.00 for a suit with at least 11 but not more than 25 plaintiffs; $50.00 for a suit with at least 26 but not more
than 100 plaintiffs; $75.00 for a suit with at least 101 but not more than 500 plaintiffs; $100.00 for a suit with at
least 501 but not more than 1,000 plaintiffs; and $150.00 for a suit with more than 1,000 plaintiffs.
When you are filing a civil case with more than 10 plaintiffs, you must add the fee for the additional plaintiffs by
choosing the appropriate option under Optional Services.
The options are:
•Clerk Filing Fee A (11‐25 Plaintiffs) $25.00
•Clerk Filing Fee B (26‐100 Plaintiffs) $50.00
•Clerk Filing Fee C (101‐500 Plaintiffs) $75.00
•Clerk Filing Fee D (501‐1000 Plaintiffs) $100.00
•Clerk Filing Fee E (1001 or More Plaintiffs) $150.00
2. What types of media players are supported by eFileTexas.gov?
A: According to the Technology Standards Set By the Judicial Committee on Information Technology (JCIT), the
following media players are supported: QuickTIme (Apple), VLC media player (VideoLAN Organization), and
Windows media player (Microsoft). Specific audio/video formats can be found on each media player’s website.
3.
What if Sensitive Data is required by Statute to be included?
A: Refer them to rule to Rule 21c(a) ‐ If required to be contained, the document should contain “This document
contains Sensitive Data” . This alerts the clerk that it should not be made available to the public on the internet.
4.
Do I have to e‐file?
A: Yes, pursuant to the Supreme Court Order dated December 11, 2012 ‐ directed to attorneys. Electronic filing
requirements and exceptions are listed in the Supreme Court e-filing rules.
5.
What Internet browser is compatible with eFile.TXCourts.gov?
A: Internet Explorer and Firefox are supported at this time by eFile.TXCourts.gov.
6.
How do I file a new case in eFile.TXCourts.gov?
A: Once you have logged in to eFile.TXCourts.gov, click on the link “NEW CASE” to open up the filing interface
and proceed with a new case initiation. Once you have submitted your case you will receive a submission
“Envelope."
7.
How do I file a voluminous document/pleading (ex. Motion for Summary Judgment consisting of 700
pages)?
A: The approximate maximum page count allowed per filing to be processed at one time in eFile.TXCourts.gov is
300 pages.
Example
In order to file a 700 page pleading, it would need to be separated into maximum 300 page increments. For this
example you would file accordingly ‐ 300 page lead document, +300 page attachment, and +100 page attachment.
Include the title of the pleading in the filing comments.
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8.
Do I have to use an Electronic Filing Service Provider (EFSP)? And can I have more than one provider?
A: Yes, there is a list of EFSP’s that provide e‐filing services as certified by the Office of Court Administration
(OCA) for filers at http://www.efiletexas.gov/.
A: You may have more than one provider
9.
How do I submit proposed orders?
A: Use filing code “Proposed Order”. The proposed Order will be presented to the Judge for review. If signed, the
clerk will enter the order under the appropriate filing code using the date signed by the Judge and will have
available to the filer either by notification or providing access to the order.
10. My motion requires a hearing date and time (setting). How is that handled?
A: The Motion and proposed Order must be e‐filed as separate lead documents. The proposed Order will be
presented to the Judge for completion. You will need to contact the court coordinator to schedule the hearing. If
signed, the Order will be provided to the requestor by notification or access to the case images.
11. Do I have to file a Civil Case Information Sheet?
A: Yes, according to TRCP 76(a), a Civil Case Information Sheet must be filed with a new case/Petition. This
should be filed as an attachment or separate document and not the first page of the pleading to ensure the pleading
receives a file mark.
12. What if I am not sure about which Case Type to select on the Case Information Sheet and when e-filing?
A: Select what you believe to be the closes match. If the clerk believes something fits it better, it can be modified
accordingly after filing.
13. Do I need to file a Request for Process form?
A: Different counties may require a Request for Process form to be filed. This will vary from county to county
related on their business practices. .
14. Do I need to e‐file my cover letter separately?
A: This will vary from county to county, but will be an additional document.
15. What if I am not sure if my document requires a filing fee?
A: Filing fees have been configured to coordinate with e-filing when the case or subsequent filing is filed. You may
also contact the clerk’s office to confirm the amount prior to filing. If a filing fee is not paid when submitted the
clerk may return for correction.
16. What if I file a document and choose an improper filing code and do not pay the proper filing fee?
A: If the actual fee is less, the clerk will change to the appropriate filing code assessing the lesser, correct amount
and accept the filing. If the actual fee is more, the clerk will return the document for correction and will notify the
filer of the proper fees due. This may vary from county to county depending on their business practices.
17. I need to file an Answer and Counterclaim/Cross Action. How is that handled?
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A: If you are including the Counterclaim/Cross Action as part of your Answer, you must select Counterclaim
or Cross Action in order to pay the required filing fee. If the filing fee is not paid, the filing will be returned
for correction. If you are filing two documents, file the Answer and the Counterclaim or Cross Action
separately as
lead documents by selecting the proper filing code for each document. Type the entire title of the document using
proper case under filing description or other comment field depending on your EFSP to ensure accuracy.
18. How is a pleading handled that requires immediate attention (ex. Temporary Restraining Order or
Protective Order)?
A: Pleadings submitted using proper filing types as set out by the Technology Standards and service types will be
processed as a priority. If signed, the clerk will enter the order under the appropriate filing code using the date
signed by the Judge proper service will be issued and processes as instructed by the filer. If you do not get
confirmation back of the process being completed in a timely fashion, call the clerk’s office.
19. If cases have been consolidated, which case number should be used to e‐file documents?
A: All documents should be e‐filed using the pending case number only.
20. What if I am filing a case with an Affidavit of Indigency? How are the fees handled?
A: You will choose the payment selection as provided by your EFSP for exempt filing fees (ex. Waiver).
If a completed Affidavit of Indigency is not included, the filing will be returned for correction.
21. What if I need service by a Constable/Sheriff?
A: If service is required by one or multiple Fort Bend County Constables/Sheriff, choose a generic
Constable/Sheriff as set forth by your chosen EFSP. The clerk will make the necessary changes to reflect the
appropriate Constable(s) prior to acceptance.
View Constable/Sheriff ‐ Fees.
22. When requesting service/issuance (ex. Citation, Precept, Show Cause, Temporary Restraining Order), how
do I provide the copy of the Petition/Document that is to be attached to the Process?
A: This may vary from county to county as business processes will differ.
Options:
1. Pay for a copy to be attached to the process.
2. Remit a copy of the Petition/Document that is to be attached to the process
3. Request the service be submitted back to you electronically, and you may print and forward to the process
server, constable or sheriff.
23. How do I pay for a copy of the pleading to be attached?
A: The fee for a copy of a pleading on file is a charge per page. If you choose to pay for the copy while you are
filing the pleading requiring service, you should follow the procedures as set forth by your chosen EFSP. If a
citation or process is requested and copies are not paid for at the time of filing, you will need to verify with the
clerk’s office how to proceed with your request, or they may issue it electronically.
24.
How do I remit a copy of the Petition/Document that is required to be attached to the process [ex.
issuance of citation(s)]?
A: Some clerks may allow you to deliver the copies of the Petition/Document by mail or personal delivery to their
office. Once received, the requested process will be issued. Please ensure that the “Case Number” and “Judicial
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District Court Number” are listed on the document and indicate that said document is a “Copy” for the service
process.
Note: Process may not be issued until the service copies are received therefore it is imperative that the copies are
sent in a timely manner to ensure prompt issuance.
25. How do I pay a Jury Fee?
A: If your EFSP requires a document to be attached to a filing and you are paying a Jury Fee, either attach the
Jury Demand filing or a cover letter when e-filing and paying the fee.
26. What is an “Envelope” that is referenced with efiletexas.gov and E-filing?
A: An envelope is the filing or collection of filings pertaining to the same case in which you submit to the court
at one time to be filed. It can be thought of as in the manner when you take an envelope of all your filings to the
clerk’s office; or by mailing your filings to the clerk’s office in an envelope for a particular case.
27. How do I file a document with an existing case number (ex. Motion to Modify, Original Answer, and
Amended Petition)?
A: Do not click on NEW CASE. You will need to enter your case number. Then press Go. If you do not have a
case number, select Advanced Search to locate the case.
28. Can I file multiple documents in the same case?
A: Yes, multiple documents in the same case may be filed in one envelope. Each document must be
submitted using the appropriate Filing Code and must have a “lead document” attached.
29. Can I file one document for multiple (different) cases in one envelope?
A: No, if a document needs to be filed in multiple cases, it must be e‐filed in each case (separate envelopes).
30. Do I need to enter a “filing description” for each document submitted?
A: Most counties request the entire pleading title to be entered under both "filing description" and "description"
area found under lead document to ensure accuracy. This may vary from county to county depending on their
business practices.
31. How do I know which Service options to choose if several options are listed?
A: Select the one that is what you believe fits your request the most accurately. The clerk once received, may
refine if needed. You may also contact the clerk’s office prior to request.
32. What is the “Service” tab used for?
A: This tab is not to be used for personal process service. This tab is used to e‐mail service notice to an attorney
that is registered to receive electronic service as required by TRCP 21(a). This is similar to the paper process
“Certificate of Delivery” that is generally contained on documents filed with the court.
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Financial Set-up Information
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Financial Setup
For Courts
Overview
eFileTexas.gov utilizes the Chase Paymentech payment engine to settle e-file
transactions and deposit these funds into your court’s bank account.
Why Chase Paymentech? The previous e-filing provider (Texas.gov) required courts to
use the Texas Payment Engine (TPE) when implementing e-filing within their court.
eFileTexas.gov has a working integration with the Chase Paymentech payment engine, and it is
the designated online payment
process vendor moving forward. This has been approved by Supreme Court and the Office of
Court Administration.
Steps to Complete
In order for Chase Paymentech to securely process funds over a website, a Merchant ID
account is established. To establish the Merchant ID with Chase Paymentech, the following
documents must be prepared:
(1)
•
•
•
W-9
Description: Identifies Tax ID for IRS reporting
Purpose: W-9 is the initial step in establishing the deposit of funds (PPIG Agreement)
Process: One form required per Tax ID, usually one per county
(2) Bank Letter or Voided Check
• Description: Provided by your current bank, listing your accounts
• Purpose: Verifies your bank account information is accurate and in good standing with the
bank, since Chase will be depositing the funds into the account associated with your MID
• Process: Either send a voided check or request a letter from your bank on bank
letterhead verifying account information
(3) MID Worksheet
• Description: Identifies key parties and information for MID setup process
• Purpose: This document is used to complete the PPIG and New DIV form required by Chase
Paymentech
• Process: Each office completes this worksheet and provides to eFileTexas.gov
(4) American Express verbal verification
• Description/Purpose: To define if the Court will take AMEX on the online portal
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•
Process: Court (per Office) to decide if they want to take AMEX, eFileTexas.gov to set up; AMEX
will be referenced in New DIV Form
(5) Payment Processing Information Guidelines (PPIG), Bank Form, & Deposit Detail
• Description/Purpose of PPIG: This is the agreement between Chase Paymentech and New
Merchant (your Court) that authorizes the deposit of funds into your account(s)
• Purpose of Bank Form: Additional documentation that is signed by the new merchant’s
financial/executive contact, confirming the bank account information that will be utilized for
ACH deposits is correct.
• Process: W9 generates the PPIG, eFileTexas.gov fills out this agreement and distributes to the
Court to review/approve/sign.
o Once signed by the Court, its returned to eFileTexas.gov
o eFileTexas.gov will then forward to Chase to complete MID creation
o One PPIG form to be completed per office
o Signatures:
 Page 1 (Signature verifies information is correct) requires two signatures:
• Page 1 (Section 2) typically the Treasurer signs this section,
but ultimately the Court makes that decision on who should be
the executive/financial contact.
• Page 1 (Section 3) Either the Treasurer or County/District Clerk
signs, but ultimately the county makes that decision on who should be
the executive/financial contact.
 Page 3 (Signature validates agreement ) requires one signature: Typically signed
by Commissioners Court but not required
• Chase Deposit Information: Funds will be deposited into the merchant’s bank account two
business days from settlement date. Weekend transactions will be settled on the first business
day of the week (Monday). Per Chase’s policy, the minimum deposit amount is $10. If a
merchant settles an amount less than $10 on a processing day, these funds will be held until
the $10 threshold has been reached. This excludes American Express transactions since
American Express settles their own transactions.
(6) Tyler Agreement for eFileTexas.gov
• Description/Purpose: Outlines responsibility of fees between Tyler Technologies, Inc.
and the client; also outlines the process for eFileTexas.gov services.
• Process: Tyler to send a Court agreement for review/signature
Summary
After we receive items 1-6, a MID can be established with Chase Paymentech, which will allow
you to receive online transactions through eFileTexas.gov. You will receive a login to Chase Portal as
well as online training webinars available through Chase Paymentech.
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Example of Letter for Bank
Confirmation
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New Merchant ID Request. Please input
responses in the shaded areas below:
Customer Legal Name: (Must match that of W-9)
Customer DBA:
Site Address:
Site City: (Limit 13 Characters
Please do not include special characters such as dashes,
periods, or apostrophes)
Site State: (Please use 2 letter state format)
Site Zip: (Please use 5 digit zip code only)
Expected Go Live Date:
External IP Address and/or URL
Product/Services (tax, gov't fees, etc)
First Name/Address/City/E-Mail
Contact Information
•
Executive Contact: (Account owner)
Treasurer
• Financial Contact: (Has authority to grant access to
bank accounts)
•
1099k Contact: (Receives annual 1099k mailing)
•
Reporting Contact 1: (Receives daily reports)
•
Reporting Contact 2: (Receives daily reports)
District or County Clerk
Auditor
DC/CC Clerk, Bookkeeper or Chief
Deputy, etc
DC/CC Clerk, Bookkeeper or Chief
Deputy, etc
• Chargeback Contact 1: (Receives chargeback
notifications - usually the same as reporting)
normally same as Reporting contacts
• Chargeback Contact 2: (Receives chargeback
notifications - usually the same as reporting)
normally same as Reporting contacts
• Virtual Terminal Access: (used for manually entering
transactions – generally adjustments)
DC/CC Clerk, Bookkeeper or Chief
Deputy, etc
Customer Service (What will show on a consumer's bank
statement - who they should contact if they don't recognize
the charge)
· Phone #: 000-000-0000
· Web Site: (13 chars.)
Banking Information
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Company Name: (exactly as it appears on account)
·
·
Bank Name (Please do not include special characters
such as dashes, periods, or apostrophes)
·
Bank Address 1
·
Bank Address 2
·
Bank City (Please do not include special characters
such as dashes, periods, or apostrophes)
·
Bank State (Please do not include special characters
such as dashes, periods, or apostrophes)
·
Bank Zip
·
Account #
·
ABA/Routing # (9 digits)
Tax ID Number
·
Please include a copy of the merchant's W-9
along with this worksheet
·
Along with the final executed contracts,
merchants must include a copy of a voided check or a
letter from the bank confirming the account name,
routing#, and account#
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Form for Certification of
Cost Recovery Fee
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90
Sample of Balancing tills and using financial
reports
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96
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Business Process Information
(These are suggestions only has counties may have certain processes
they handle in other manners)
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eFiling Business Process Recommendations
1. How do you inform the Court Administrator that the case needs to be scheduled for a
hearing?
Background: A case typically needs to go in front of a judge in court. In order for this to occur,
the Court Administrator must schedule a hearing on the case. How does the Court Administrator
know that there is a need to schedule a hearing on a case?
Option: eFileTexas.gov can be setup to route a copy of the document to a queue inside of the
Case Management Systems (CMS) for counties that are integrated and that have this feature as
well as support it. The Court Administrators can work this queue to schedule the appropriate
hearings on the cases.
Alternative Option: Counties can run reports in their CMS for specific filings that require a
hearing to be set. This report could list the cases and filings that would allow the Court
Administrators to work through the list of filings to schedule the appropriate hearings on the
cases. Some CMS applications may have additional efficiencies that may be utilized, such as
allowing hearings to be scheduled in bulk and providing a checklist option to ensure each
hearing was scheduled successfully.
Alternative Option: Counties can create a folder on the network where the clerks can place a
copy of the document in. The Court Coordinators can view the documents in this network
folder and take the appropriate action to schedule hearings. Once the hearings have been
scheduled, they can be deleted from this folder so that it acts as a checklist to complete. For
counties requiring verification to the availability of the parties, they can require that the
attorneys put their preferred contact information on the documents so that they may be
reached to solidify a hearing date/time.
Alternative Option: Counties can make it the responsibility of the filer to seek out the Court
Coordinator of the Court in which the case was assigned to schedule a hearing. This is to ensure
that he/she receives a court date that is fits their current schedule.
2. How do you handle Citations when they are requested for service, using the E-file system or
alternatives if that is not applicable?
Background: Documents often need to be served to responding parties, who may be
unaware of actions on a case. When this happens, the filing litigant often opts for a
service to be performed by either, a private process server or the local constable / sheriff.
If the constable or sheriff is used for the service of these documents, the clerk often
notifies the serving entity that the document needs to be served. In addition, the
documents to be served need to be delivered to the serving entity (either the printed
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papers or the electronic images). Today in Texas, the clerk is typically receiving the
copies of the documents from the attorneys or making copies themselves while
generating the serving instrument (i.e. Citation) from the Case Management System and
passing them to the serving entity (constable or sheriff) as a courtesy gesture to the
filing parties. If the clerks are no longer going to be receiving paper when requests for
service are made, who is responsible for printing the original filing document? Also, how
are the Citations and original filing documents being delivered to the serving entity?
Option: Counties can generate the Citation electronically and save the document to their
desktop. They can then utilize the eFileTexas.gov system to electronically serve the party whom
requested the Citation. This ensures that the requested party receives the service document,
allowing them to print it at their discretion, while tracking that the Citation was issued the
requested party successfully. Once the requested party receives the Citation, he/she can print it
off, along with the stamped copy of the original filing document that was sent to them via
eFileTexas.gov at acceptance. He/she can then attach the two documents and deliver these to
the constable / sheriff or private process server for service. It is important that the county
require the party to display the receipt for service by the local constable /sheriff to ensure the
funds have been collected prior to service.
Alternative Option: Counties may choose to use a different method to electronically deliver the
Citation to the requested party. Counties can email the electronic Citation to the requested
party. Please note that this method does not track whether the requested party ever received
the citation. It would still be the responsibility of the requested party to print out the Citation,
along with the stamped copy of the original filing document that was sent to them via
eFileTexas.gov at acceptance and deliver to the appropriate entity for service. It is important
that the county require the party to display the receipt for service by the local constable /sheriff
to ensure the funds have been collected prior to service.
Alternative Option: Counties may choose to print out the Citation and send it to the party via
mail. The requested party would be responsible for printing the stamped copy of the original
filing document that was sent to them via eFileTexas.gov at acceptance. They would also be
responsible for combining the two documents and delivering to the appropriate entity for
service. It is important that the county require the party to display the receipt for service by the
local constable /sheriff to ensure the funds have been collected prior to service.
Alternative Option: Counties may choose to print out the Citation and have the requested
party come and pick up the Citation in person, while bringing their own copy of the stamped
copy of the original filing document that was sent to them via eFileTexas.gov at acceptance.
They would also be responsible for combining the two documents and delivering to the
appropriate entity for service. It is important that the county require the party to display the
receipt for service by the local constable /sheriff to ensure the funds have been collected prior
to service.
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3. How do you handle Rule 11 / Hallway Agreements?
Background: Texas Rules of Civil Procedures states that any agreement between attorneys /
parties must be in writing and then signed/filed. Otherwise, they must be made in open court.
What is the best way to file these written agreements?
Option: Many counties will offer a kiosk where attorneys can file documents with the clerk
while at the courthouse. The attorney will utilize this kiosk to file the signed order with the clerk
without the need to leave the courthouse. This will require a scanner at the kiosk in order to
utilize this option.
Alternative Option: If the county does not provide a kiosk for attorneys to use, some counties
are choosing to put computers in the Law Library and allowing filers to electronically file, using
the EFSP of their choice. The clerk’s office will need to consider scanners when using this
option.
Alternative Option: If the county does not provide a kiosk for attorneys to use, the attorney will
need to find an alternative way to file the signed document electronically using the
eFileTexas.gov Filing Manager. The attorney may utilize his/her own laptop, if Wi-Fi is provided.
They may also take it back to their office and file at their computer.
4. What is the best way to handle certified copies of a Final Judgment?
Background: It is common for attorneys to bring multiple copies of the judgment to court for the
judge to sign. Once the judgment is signed, the attorney takes them to the clerk to get file
stamped. How are attorneys going to file these judgments with the clerk after they are signed by
the judge?
Final Judgments are actually orders of the court and are not subject to the mandate. If an
attorney hand delivers the order to the clerk, they are not actually filing the document with the
court. Therefore, Final Judgments can be handled like they are today. With this said, if the
attorney would like to provide the document to the court via eFileTexas.gov, the follow options
below would be available.
Option: Many counties will offer a kiosk where attorneys can file documents with the clerk
while at the courthouse. The attorney will utilize this kiosk to file the signed judgment with the
clerk without the need to leave the courthouse. They will follow the same steps they would, in
eFileTexas.gov, when filing this signed document.
Alternative Option: If the county does not provide a kiosk for attorneys to use, some counties
are choosing to put computers in the Law Library and allowing filers to electronically file, using
the EFSP of their choice. The clerk’s office will need to consider scanners when using this
option.
Alternative Option: If the county does not provide a kiosk for attorneys to use, the attorney will
need to find an alternative way to file the signed document electronically using the
eFileTexas.gov Filing Manager.
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5. What is the best way to handle Proposed Orders that are often filed with Motions?
Background: Proposed Orders are often submitted along with their Motions to the court by filing
attorneys. After an order has been signed by the judge, the filing attorney typically files the
documents with the clerk while at the courthouse. How are attorneys going to file these orders
with the clerk after they are signed by the judge?
Attorneys typically create the proposed order as a courtesy to the judge. However, the order is
actually generated by the judge and is not valid until the judge signs the document and it is filed
with the clerk’s office. Court Orders are not subject to the mandate. Therefore, the judge can
continue to sign these proposed orders as he/she does today. They can then have the Court
Administrator or a county employee take their order to the clerk’s office. Once the clerk
receives this document they can file it directly into their CMS. Since the order was really
generated by the court as opposed to an attorney, the clerk may file it directly into the CMS as
they do today. With this said, if the attorney would like to provide the document to the court
via eFileTexas.gov, the follow options below would be available.
Option: Many counties will offer a kiosk where attorneys can file documents with the clerk
while at the courthouse. The attorney can take the document to the courthouse to get it signed
and then can utilize this kiosk to file the signed order with the clerk without the need to leave
the courthouse. They will follow the same steps they would, in eFileTexas.gov, when filing this
signed document.
Alternative Option: If the county does not provide a kiosk for attorneys to use, some counties
are choosing to put computers in the Law Library and allowing filers to electronically file, using
the EFSP of their choice. The clerk’s office will need to consider scanners when using this
option.
Alternative Option: If the county does not provide a kiosk for attorneys to use, the attorney will
need to find an alternative way to file the signed document electronically using the
eFileTexas.gov Filing Manager.
Alternative Option: The attorney can file the Proposed Order into eFileTexas.gov and the
county can route their Proposed Order to a queue that is monitored by the judge. The judge can
review/edit the document, if necessary, using the annotations toolbar with the eFileTexas.gov
application. If the document is not acceptable, he/she can reject the document with the
appropriate reason stated for clarification. However, if the document is acceptable to be signed
by the judge, they will use the electronic signature stamp to place their signature on the
document. They will then forward the document to another queue that is monitored by the
clerk. The clerk will review and accept the filing.
Alternative Option: The attorney can file a Proposed Order in eFileTexas.gov just as any other
document. The Clerk can accept the Proposed Order and print it out. They then take the
printed Proposed Order to the judge for their signature. After the signature is obtained, the
clerk can file the signed Order back into the case as a subsequent filing in the form of an Order
filing code (which would be configured to be available for court employees only). When doing
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so they electronically serve the order to the attorney that originally filed the Proposed Order.
The clerk then accepts the Order and dockets it appropriately in the CMS. This option also
provides a validation that the attorney received the signed order.
Alternative Option: The attorney can file a Proposed Order in eFileTexas.gov just as any other
document. The Clerk can print the Proposed Order and then reject it using a rejection reason of
“Clerk Received – Pending Judge’s Signature”. They then take the printed Proposed Order to the
judge for their signature. After the signature is obtained, the clerk will file the signed Order back
into the case as a subsequent filing in the form of an Order filing code (which would be
configured to be available for court employees only). When doing so they electronically serve
the order to the attorney that originally filed the Proposed Order. The clerk then accepts the
Order and dockets it appropriately in the CMS. This option also provides a validation that the
attorney received the signed order.
Alternative Option: The attorney can file a Proposed Order in eFileTexas.gov just as any other
document. The Clerk can accept the Proposed Order and save the document to their desktop.
They can then have a network folder created where they place the document in for the judge’s
review. The judge can monitor this queue and review the Proposed Orders utilizing an external
PDF editor. When the necessary changes have been made, the judge can electronically sign the
document and send the document to another network folder that the clerk manages. The clerk
will file the signed Order back into the case as a subsequent filing in the form of an Order filing
code (which would be configured to be available for court employees only). When doing so they
electronically serve the order to the attorney that originally filed the Proposed Order. The clerk
then accepts the Order and dockets it appropriately in the CMS. This option also provides a
validation that the attorney received the signed order.
6. What is the best way to handle Temporary Restraining Orders?
Background: Temporary Restraining Orders (TROs) are often taken directly to the judge to sign
and then fast tracked to the clerk for filing. How are attorneys going to file these orders with the
clerk after they are signed by the judge?
Attorneys typically create the proposed order as a courtesy to the judge. However, the order is
actually generated by the judge and is not valid until the judge signs the document and it is filed
with the clerk’s office. Therefore, the judge can continue to sign these proposed orders as
he/she does today. They can then have the Court Administrator or a county employee take
their order to the clerk’s office. Once the clerk receives this document they can file it directly
into the CMS by using the appropriate filing code and attaching the document to the case
record. Since the order was really generated by the court as opposed to an attorney, the clerk
may file it directly into the CMS as they do today. This will ensure that the information is added
to the system in a timely manner. With this said, if the attorney would like to provide the
document to the court via eFileTexas.gov, the follow options below would be available.
Option: Many counties will offer a kiosk where attorneys can file documents with the clerk
while at the courthouse. The attorney will utilize this kiosk to file the TRO with the clerk without
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the need to leave the courthouse. They will follow the same steps they would, in
eFileTexas.gov, when filing this signed document. In addition to utilizing the kiosk for quick
filing, the clerk may setup an “Urgent Queue”, which can be monitored at a higher priority than
the “normal” queues. The attorney, much like today, can still contact the clerk’s office and
request escalation to ensure this TRO is reviewed and accepted as quickly as possible.
Alternative Option: If the county does not provide a kiosk for attorneys to use, the attorney will
need to find an alternative way to file the signed document electronically using the
eFileTexas.gov Filing Manager.
Alternative Option: The attorney will electronically file the TRO into eFileTexas.gov and the
county can route their TROs to an emergency queue that is monitored by the judge. The
attorney can then call the judge to let them know that TRO has been placed in the queue for
their review. The judge can review/edit the document, if necessary, using the annotations
toolbar. When ready to sign, they will use the electronic signature stamp to place their
signature on the document. They will then forward the document to another emergency queue
that is monitored by the clerk. The clerk will review and accept the filing and docket it within
their CMS.
Alternative Option: The attorney can file a Proposed TRO in eFileTexas.gov just as any other
document. The Clerk can accept the TRO and print it out. They then take the printed TRO to the
judge for their signature. After the signature is obtained, the clerk can file the signed Order
back into the case as a subsequent filing in the form of a TRO filing code (which would be
configured to be available for court employees only). When doing so they electronically serve
the order to the attorney that originally filed the Proposed TRO. The clerk then accepts the TRO
and dockets it appropriately in the CMS. This option also provides a validation that the attorney
received the signed order.
Alternative Option: The attorney can file a Proposed TRO in eFileTexas.gov just as any other
document. The Clerk can print the Proposed TRO and then reject it using a rejection reason of
“Clerk Received – Pending Judge’s Signature”. They then take the printed Proposed TRO to the
judge for their signature. After the signature is obtained, the clerk will file the signed Order back
into the case as a subsequent filing in the form of a TRO filing code (which would be configured
to be available for court employees only). When doing so they electronically serve the order to
the attorney that originally filed the Proposed TRO. The clerk then accepts the TRO and dockets
it appropriately in the CMS. This option also provides a validation that the attorney received the
signed order.
Alternative Option: The attorney can file a Proposed TRO in eFileTexas.gov just as any other
document. The Clerk can accept the Proposed TRO and save the document to their desktop.
They can then have a network folder created where they place the document in for the judge’s
review. The judge can monitor this queue and review the Proposed TROs utilizing an external
PDF editor. When the necessary changes have been made, the judge can electronically sign the
document and send the document to another network folder that the clerk manages. The clerk
will file the signed Order back into the case as a subsequent filing in the form of a TRO filing
code (which would be configured to be available for court employees only). When doing so they
electronically serve the order to the attorney that originally filed the Proposed TRO. The clerk
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then accepts the Order and dockets it appropriately in the CMS. This option also provides a
validation that the attorney received the signed order.
7. When filing Foreign Judgments, should the Original Judgment be added as a separate filing
document or as an attachment to the lead document (Foreign Judgment)?
Background: When a Foreign Judgment is filed, a copy of the Original Judgment or Motion is
needed. This is an additional document that is filed along with the original petition.
Option: The Foreign Judgment should be filed as the lead document within the eFileTexas.gov
portal. The Original Judgment should be filed as an attachment of the Foreign Judgment to
avoid re-filing the Original Judgment on the case record. This will give you the information that
is necessary while providing the least amount of overhead.
Alternative Option: The Foreign Judgment could be filed as the lead document within the
eFileTexas.gov portal. The Original Judgment would be filed as an additional filing within the
envelope. This will give you dual entries within the CMS upon acceptance. The Original
Judgment can then be linked to the Foreign Judgment within the CMS to show that they were
related at the time of tiling.
8. How do you handle Exhibits?
Background: Often there are items that are submitted to the court or filed as exhibits on the
case. These items may be photos, letters, documents, hard objects, etc. How do you
electronically file these types of exhibits?
Option: Items that can be scanned and accepted as electronic documents can be filed
electronically under the filing code “Exhibits” or entered in as attachments to other filings. The
current rule set does not require exhibits to be filed electronically. Therefore, items that can’t
be filed electronically (i.e. hard objects), may be filed over the counter or during court sessions.
Alternative Option: Items that can be scanned and accepted as electronic documents can be
filed electronically under the filing code “Exhibits” or entered in as attachments to other filings.
The current rule set does not require exhibits to be filed electronically. However, you may
choose to file a filing code of “Exhibits” with a document describing the item(s) with a statement
in the filing stating that it would be retained in the attorney’s possession until needed (be it for
a deposition, request for production of documents and things, or trial).
9. How do you sign documents that are introduced in an electronic format?
Background: Often there are documents that are submitted electronically that need to be signed
by a judge or a county official. How do you recommend signing these documents?
Option: Users in eFileTexas.gov can setup their own signatures as stamps inside of
eFileTexas.gov. These stamps are driven by user credentials and can only be used by the
individual who logs in with that specific user ID and password. The individual can place his/her
signature stamp anywhere on the document, when reviewing it. If the document needs to be
routed to another queue after the signature is made, the individual could forward it to the
queue of their choice.
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Alternative Option: Certain CMS applications allow documents to be routed to a document
queue once they have been accepted in eFileTexas.gov. This queue can be monitored by the
signatory. The signatory can then utilize the Electronic signature functionality within the CMS to
sign the document electronically. After the document is signed, the document can be sent to
another queue, managed by the clerks, to be docketed on the correct case record.
Alternative Option: You may print off the document after it is accepted in eFileTexas.gov and
docketed within the CMS. Then sign the document and rescan it into the case while attaching it
to the filing code as another (replacement) document.
10. Changes of Venue and Transfers
Background: When a transfer of venue occurs, the filer must provide the court with the original
case file and the filings that have occurred with it. Since all non-criminal pleadings fall under the
mandate for mandatory electronic filing, these will need to be e-filed. How do you recommend
e-filing transfer cases? A government agency is not required to e-file, however if the receiving
county is willing to accept the transferred file electronically you may send it electronically. The
receiving county must be willing to accept.
Option: Users can save off all of the documents on the case and store them in a folder on their
desktop. They can then use these documents to electronically file the case and subsequently
file pleadings into this case at the new county.
11. Appeals
Background: When a case is appealed to a higher court, the documents included in the appeal
must be collected and packaged in an appeal format. Since all non-criminal pleadings fall under
the mandate for mandatory electronic filing, these will need to be e-filed. How do you
recommend e-filing appeal cases?
Current Option: Some CMS applications have the ability to package all the necessary electronic
documents required to file an appeal. You can utilize this functionality to generate these
documents and then electronically file them to the appropriate court through eFileTexas.gov.
Alternative Option: Users can print off all of the documents on the case that are included in the
Appeal record and create the Appeal record manually. They can then scan the Appeal packet
back into their computer and use that document as the filing instrument for the Appeal Case.
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Hidalgo County E-Filing Project
Outreach Plan
PURPOSE
The purpose of this media campaign is to promote the transition to e-filing, ensuring the affected audience is
aware of and prepared for the change.
AUDIENCE
•
•
•
District and County Court Judges (primary)
Attorneys (primary)
General public (secondary)
MESSAGE
All civil case filings must be filed electronically in Hidalgo County by January 1, 2014. Hidalgo County
will commence the transition beginning September 17, 2013.
INTERNAL COMMUNICATIONS
The Hidalgo County District Clerk, Hidalgo County Clerk, and IT Department Project Manager are responsible
for ensuring internal audience (judges and court staff) is well-apprised of the mandate and transition; they in
turn will assist us in informing the external audience (attorneys). Their offices will be given copies of the
flyers and outreach material to share with attorneys in their courtrooms.
OUTREACH PLAN
This outreach plan consists of two (2) strands:
1) EVENT:
Judicial Annex Ribbon Cutting Ceremony, Tours & EFSP Fair
2) ONGOING:
Transition to E-filing by January 1, 2014
Hidalgo County Public Affairs Division
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Hidalgo County E-Filing Project
Outreach Plan
1. EVENT – EFSP FAIR
Judicial Annex Ribbon Cutting Ceremony, Tours & EFSP Fair
Friday, August 16, 2013
9:00 am
Ribbon Cutting Ceremony
Followed by Tours & Reception
10:00 am – 3 pm
EFSP Fair
Invitees
•
•
•
•
Elected officials (City, County, Courts)
Chamber of Commerce
Attorneys
Media
Outreach Plan
Pre-Event
•
•
•
•
•
•
•
•
•
•
Share photo of committee with event details with the Monitor (Valley Life) for publication on
Sunday, 8/3/2013
Create a flyer for the event, combining the EFSP Fair with the ribbon cutting ceremony
Create a letter from Judge Bobby Flores inviting attorneys to ceremony and fair
Disseminate letter and flyer to the Hidalgo County Bar Association for sharing with members
Create a media advisory detailing message and events
Share media advisory with media outlets & contacts via email lists:
o Allcountydepartments (203 Elected Officials, Dept. Heads, and Admin Staff)
o Media.list (137 radio, television, newspaper staff)
Create website page for all details on e-filing (District Clerk already has one:
www.co.hidalgo.tx.us/efiling)
Share event details and message via the following social media means:
o Latest News (523 subscribers)
o County Clerk Notices (202 subscribers)
o District Clerk Notices (4 subscribers)
o County Calendar (32 subscribers)
o Facebook (1,855 fans)
o Twitter (2,186 followers)
Request city and chamber to share event details with their audiences
Presentations: schedule Project Champion (Judge Bobby Flores, Arturo Guajardo, Laura Hinojosa,
Project Manager Clarissa Longoria) or County Spokesperson to attend meetings and share event
details and message:
o Hidalgo County Commissioners Court
o Hidalgo County Board of Judges
Hidalgo County Public Affairs Division
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Hidalgo County E-Filing Project
Outreach Plan
•
Event
•
•
•
•
•
•
o Hidalgo County Bar Association
o Hidalgo County Young Lawyers Association
o Any other legal meetings/associations
Interviews: schedule appearances and interviews for Project Champion or County Spokesperson
o Television
 Fox “Good Day Valley” (6:45 am, weekdays)
 Channel 5 “Weekend Morning” (weekends)
 Channel 4 “Action Sunrise” (weekdays)
 Univision
 Telemundo 40 “Esta Mañana en el Valle”
 City/School PEGs shows/interviews:
• Edinburg ECN12
• McAllen MCN 12
• Pharr PharrTV
o Radio
 Clear Channel Rounds – Wild 104.1/KTEX 100.3/The X 105.5
 Clear Channel – Borderline (20 minute taped)
 Entravision – 107.9/Q Rock/ Que Pasa
 RCommunications – KURV Morning Show/Drive Home
 Univision Radio – Brenda Lee Huerta (may not be necessary)
Create talking points for speakers to be on message
Project Champion will be on agenda; deliver remarks on transition to e-filing, EFSP fair
Cover event with photographs, video
All project partners will encourage attendees to visit EFSP fair
Reception will be held at 370th District Courtroom (attendees will pass through EFSP fair)
Door prizes?
Post-Event
•
•
•
•
Write press release, share press release and photos covering event on Picasa, via email to media
contacts and allcountydepartments, on Latest News, Facebook, Twitter
Share press release and photos covering event on Picasa, Facebook, and via email distribution of
press release
Share press release and photos for electronic dissemination with City of Edinburg, Chamber, and Bar
Association
Share video with City/School PEGs for broadcast
Other Offices Responsibility
•
•
•
•
District and County Clerk offices and staff should utilize “grassroots marketing” to promote efiling
and the fair; train clerks to discuss with every person that enters office or comes to window.
Courts will be encouraged to do the same.
Offices also encouraged to insert announcements in all mailouts.
Any other outreach and promotion is encouraged.
Hidalgo County Public Affairs Division
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Hidalgo County E-Filing Project
Outreach Plan
2. ONGOING PROMOTION (Through Dec. 31, 2012)
•
•
•
•
•
•
•
•
•
•
•
Continue sharing message via traditional and social media
Share reminders on transition with Hidalgo County Bar Association for dissemination to members
Update website page for all details on e-filing
Articles/graphics in monthly County newsletter (monthly reach is 45,000)
Continue to share message via the following social media means:
o Latest News (523 subscribers)
o County Clerk Notices (202 subscribers)
o District Clerk Notices (4 subscribers)
o Facebook (1,855 fans)
o Twitter (2,186 followers)
Presentations: schedule Project Champion or County Spokesperson to attend meetings and share
event details and message:
o Hidalgo County Commissioners Court
o Hidalgo County Board of Judges
o Hidalgo County Bar Association
o Hidalgo County Young Lawyers Association
o Any other legal meetings/associations
Interviews: schedule appearances and interviews for Project Champion or County Spokesperson.
o Television
 Fox “Good Day Valley” (6:45 am, weekdays)
 Channel 5 “Weekend Morning” (weekends)
 Channel 4 “Action Sunrise” (weekdays)
 Univision
 Telemundo 40 “Esta Mañana en el Valle”
o Radio
 Clear Channel Rounds – Wild 104.1/KTEX 100.3/The X 105.5
 Clear Channel – Borderline (20 minute taped)
 Entravision – 107.9/Q Rock/ Que Pasa
 RCommunications – KURV Morning Show/Drive Home
 Univision Radio – Brenda Lee Huerta (may not be necessary)
Create PSA for Television and Radio (30s script about transition)
Share PSA on website, Facebook, youtube, etc.
Share PSAs with local television stations (KMBH, KRGV, KVEO, KGBT, KNVO, Fox, etc.)
Share PSAs with City/School PEGs:
o Edinburg ECN12
o Edinburg CISD KATS TV
o McAllen MCN 12
o McAllen ISD MiTV
o Pharr PharrTV
o PSJA ISD KTRI 17
o Weslaco City/School
o La Joya ISD
Hidalgo County Public Affairs Division
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