winter 2003 vol.9 no. 3                                                                                                                        Return to Contents
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Efiling–Texas Style

Tammy Carter and Lacey Mullowney, Esquire from Case File Xpress

It’s about 3:45 in the afternoon you have five motions to file, the phone is ringing off the hook, the copy machine is jammed, and there’s a wreck on the highway. How are you ever going to get those documents filed and still make your child’s ball game at 5:30 across town in the opposite direction of the courthouse? Answer: eFile it!

What is eFiling in Texas?
It is the electronic transfer of legal documents from your computer to the clerk’s office and it’s instantaneous. All you need is a computer, an Internet connection, a TexasOnline approved Electronic Filing Service Provider or EFSP – like Case File Xpress, and your electronic signature which is your user-id and password. For a complete list of approved service providers go to www.texasonline.com/efiling.

How does it work?
First, you register with TexasOnline (the Electronic Filing Manager or EFM) to obtain a user-id and password. Once you have registered, TexasOnline will send you an email. This process serves two purposes. First it is a security measure and second it verifies that you entered the correct email address. To activate your account, click on the link provided by TexasOnline in the email, enter your user-id and password, and you are ready to begin eFiling. It will take about fifteen minutes from the time you first register until you receive the TexasOnline activation email. If you have any trouble or do not receive an activation email, please email or call your EFSP immediately.

We recommend that each attorney and legal assistant have individual user-ids and passwords for security purposes. As a legal assistant, you will register as a delegate. A delegate is a person authorized to eFile on behalf of the attorney. We recommend that the legal assistant register first and then the attorney register next. Provide the attorneys that you file for your user-id. When the attorney registers there is a place on the registration page to add delegate’s user-ids.

You only need to register one time, but you can update information, such as your telephone number, address, email address, password, etc. at anytime.

Now that I am registered - how do I send documents to the clerk?
Each service provider may provide different options for sending documents. With Case File Xpress, log-in at www.casefilexpress.com with your TexasOnline user-id and password. You will navigate through nine screens that will gather information such as attorney of record, plaintiff, defendant, jurisdiction, citation delivery method, type of document you are filing, and payment information.

Selecting the document to file is very similar to attaching a document to an email. You will click on a browse button that will allow you to navigate through the folders on your computer to select the appropriate pleading, motion, answer, exhibits, attachments, etc. Our software will upload your Word or WordPerfect document and convert it to a PDF (Portable Document Format) file for the clerk. Once you have completed these steps and hit submit, your document will be time stamped and sent to TexasOnline. TexasOnline will send your PDF to the correct clerk in the county you want it filed and you never have to leave your computer.

Most importantly, you will receive a receipt when you hit submit that includes a tracking number, your time-stamp, and information about the document being filed such as attorney of record, jurisdiction, filing fees, plaintiff, defendant, etc. The system sends an immediate “acknowledgement” that the document was received, and after the court clerk downloads the document and accepts the filing, you will receive a “confirmation” email from the clerk that your document has been accepted. A PDF of your file stamped copy will be available in the delegate’s and attorney of record’s Case File Xpress inbox. To get to your inbox, log-in at our website, click on “Review Filings”, and then click on the appropriate tracking number. Your filing receipt will be displayed and your file stamped copy will be under the heading “Document Information”. You can print the file stamped copy or save it on your computer.

The Texas Model
All EFSPs are required to follow technology, security, functional, and performance standards set by TexasOnline, so no matter which EFSP you use, the court clerk will be able to download your document and file it.

The following diagram depicts the Texas model for eFiling.

There are several benefits associated with the implementation of a statewide model as an e-Filing solution. The State retains ownership of the system thereby decreasing the risk of business failure. The Texas Model provides the opportunity to leverage the state’s technology infrastructure (TexasOnline) and standards at a local level while increasing EFSP vendor participation opportunities resulting in more competitive rates, better service and greater flexibility for the legal community.

Utilizing a single EFM (TexasOnline) will standardize interfaces between courts and allow opportunities for improved and more consistent access to data. Although there are alternative methods available for eFiling implementation, such as the eFiling that is
currently in use in Montgomery and Jefferson Counties, the Supreme Court Judicial Committee on Information Technology (JCIT) perceives the Texas Model to be the most advantageous due to the aforementioned opportunities to set and enforce standards. And attorneys and legal assistants can use one EFSP to access all the counties in Texas without having to use a different service provider to file in each county.

In the next three years TexasOnline expects that all 254 counties in Texas will be accepting eFiling.

Have the Rules Changed?
Yes, Local rules are established and approved by local commissioner’s courts and the Supreme Court of Texas before County and District Clerks and courts can legally accept electronically filed documents. The rule changes allow an attorney or legal assistant to file documents after the courthouse and clerk’s office have closed. While no mandatory or statutory deadlines will be changed, you are no longer bound to the five p.m. closing of the doors to get your document filed that day. Essentially you will have until 11:59 p.m. to file. Once you have hit the submit button your document is time stamped and when the clerk opens it the next business day the time-stamp will be the time you hit submit, not the time the clerk opened the document and accepted it.

The following are the Model rules that will be used in all counties when accepting eFiling:

LOCAL RULES OF THE COUNTY COURTS
concerning the
ELECTRONIC FILING OF COURT DOCUMENTS

PART 1. GENERAL PROVISIONS

Rule 1.1 Purpose
These rules govern the electronic filing and service of court documents, by any method other than fax filing, in Fort Bend County. These rules are adopted pursuant to Rule 3a of the Texas Rules of Civil Procedure and may be known as the “Local Rules of the County Courts Concerning the Electronic Filing of Court Documents.”

Rule 1.2 Effect on Existing Local Rules
These rules are adopted in addition to any other local rules of the county courts in Fort Bend County. These rules do not supersede or replace any previously adopted local rules.

PART 2. DEFINITIONS

Rule 2.1 Specific Terms
The following definitions apply to these rules:
(a) “Convenience Fee” is a fee charged in connection with electronic filing that is in
addition to regular filing fees. A Convenience Fee charged by the County Clerk will be considered as a court cost.
(b) “County Clerk” means the Fort Bend County Clerk.
(c) “Document” means a pleading, plea, motion, application, request, exhibit, brief,
memorandum of law, paper, or other instrument in paper form or electronic form.
(d) “Electronic Filing” is a process by which a filer files a court document with the county clerk’s office by means of an online computer transmission of the document in electronic form. For purposes of these rules, the process does not include the filing of faxed documents which is described as the “electronic filing of documents” in Section 51.801, Government Code.
(e) “Electronic Filing Service Provider (EFSP)” is a business entity that provides
electronic filing services and support to its customers (filers). An attorney or law firm
may act as an EFSP.
(f) “Electronic Service” is a method of serving a document upon a party in a case by electronically transmitting the document to that party’s e-mail address.
(g) “Electronically File” means to file a document by means of electronic filing.
(h) “Electronically Serve” means to serve a document by means of electronic service.
(i) “Filer” means a person who files a document, including an attorney.
(j) “Party” means a person appearing in any case or proceeding, whether represented or appearing pro se, or an attorney of record for a party in any case or proceeding.
(k) “Regular Filing Fees” are those filing fees charged in connection with traditional
filing.
(l) “Rules” are the Fort Bend County Local Rules of the County Courts concerning the Electronic Filing of Documents.
(m) “Traditional Filing” is a process by which a filer files a paper document with a clerk or a judge.

Rule 2.2 Application to Pro Se Litigants
The term “counsel” shall apply to an individual litigant in the event a party appears pro se.

PART 3. APPLICABILITY

Rule 3.1 Scope
(a) These rules apply to the filing of documents in all non-juvenile civil ases, including cases that are appeals from lower courts, before the various county courts with jurisdiction in Fort Bend County.
(b) These rules apply to the filing of documents in cases before the various county courts referred to in paragraph (a) above that are subsequently assigned to associate judges or any other similar judicial authorities.

Rule 3.2 Clerks
These rules apply only to the filing of documents with the county clerk. These rules do not apply to the filing of documents directly with a judge as contemplated by TEX. R. CIV. P. 74.

Rule 3.3 Documents That May Be Electronically Filed
(a) A document that can be filed in a traditional manner with the county clerk may be electronically filed with the exception of the following documents:
i) citations or writs bearing the seal of the court;
ii) returns of citation;
iii) bonds;
iv) wills;
v) subpoenas;
vi) proof of service of subpoenas;
vii) documents to be presented to a court in camera, solely for the purpose of
obtaining a ruling on the discoverability of such documents;
viii) documents sealed pursuant to TEX. R. CIV. P. 76a; and
ix) documents to which access is otherwise restricted by law or court order, including a document filed in a proceeding under Chapter 33, Family Code.
(b) A motion to have a document sealed, as well as any response to such a motion, may be electronically filed.

Rule 3.4. Documents Containing Signatures
(a) A document that is required to be verified, notarized, acknowledged, sworn to, or made under oath may be electronically filed only as a scanned image.
(b) A document that requires the signatures of opposing parties (such as a Rule 11
agreement) may be electronically filed only as a scanned image.
(c) Any affidavit or other paper described in Rule 3.4(a) or (b) that is to be attached to an electronically–filed document may be scanned and electronically filed along with the underlying document.
(d) Where a filer has electronically filed a scanned image under this rule, a court may require the filer to properly file the document in a traditional manner with the county clerk. A third party may request the court in which the matter is pending to allow inspection of a document maintained by the filer.

PART 4. FILING MECHANICS

Rule 4.1 TexasOnline
(a) Texas Online is a project of the TexasOnline Authority, a state entity charged with establishing a common electronic infrastructure through which state agencies and local governments may electronically send and receive documents and required payments.
(b) To become registered to electronically file documents, filers must follow registration procedures outlined by TexasOnline. The procedure can be accessed from TexasOnline’s website at “www.texasonline.com.”
(c) Filers do not electronically file documents directly with the county clerk. Rather, filers indirectly file a document with the county clerk by electronically transmitting the document to an electronic filing service provider (EFSP) which then electronically transmits the document to TexasOnline which then electronically transmits the document to the county clerk. A filer filing or serving a document must have a valid account with an EFSP and with TexasOnline
(d) Consistent with standards promulgated by the Judicial Committee on Information Technology (JCIT), TexasOnline will specify the permissible formats for documents that will be electronically filed and electronically served.
(e) Filers who electronically file documents will pay regular filing fees to the county clerk indirectly through TexasOnline by a method set forth by TexasOnline.
(f) An EFSP may charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees.
(g) TexasOnline will charge filers a convenience fee to electronically file documents.
This fee will be in addition to regular filing fees and will be in an amount not to exceed the amount approved by the TexasOnline Authority.
(h) The county clerk may charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees, credit card fees, or other fees.

Rule 4.2 Signatures
(a) Upon completion of the initial registration procedures, each filer will be issued a confidential and unique electronic identifier. Each filer must use his or her identifier in order to electronically file documents. Use of the identifier to electronically file documents constitutes a “digital signature” on the particular document.
(b) The attachment of a digital signature on an electronically-filed document is deemed to constitute a signature on the document for purposes of signature requirements imposed by the Texas Rules of Civil Procedure or any other law. The person whose name appears first in the signature block of an initial pleading is deemed to be the attorney in charge for the purposes of Texas Rules of Civil Procedure 8, unless otherwise designated. The digital signature on any document filed is deemed to be the signature of the attorney whose name appears first in the signature block of the document for the purpose of Texas Rules of Civil Procedure 13 and 57.
(c) A digital signature on an electronically-filed document is deemed to constitute a
signature by the filer for the purpose of authorizing the payment of document filing fees.

Rule 4.3 Time Document is Filed
(a) A filer may electronically transmit a document through an EFSP to TexasOnline 24 hours per day each and every day of the year, except during brief periods of state approved scheduled maintenance which will usually occur in the early hours of Sunday morning.
(b) Upon sending an electronically-transmitted document to a filer’s EFSP, the filer is deemed to have delivered the document to the county clerk and, subject to Rule 4.3(h), the document is deemed to be filed. If a document is electronically transmitted to the filer’s EFSP and is electronically transmitted on or before the last day for filing the same, the document, if received by the county clerk not more than ten days tardily, shall be filed by the county clerk and deemed filed in time. A transmission report by the filer to the filer’s EFSP shall be prima facia evidence of date and time of transmission.
(c) On receipt of a filer’s document, the filer’s EFSP must send the document to Texas Online in the required electronic file format along with an indication of the time the filer sent the document to the EFSP and the filer’s payment information. TexasOnline will electronically transmit to the filer an “acknowledgment” that the document has been received by TexasOnline. The acknowledgment will note the date and time that the electronically-transmitted document was received by TexasOnline.
(d) Upon receiving a document from a filer’s EFSP, TexasOnline shall electronically transmit the document to the county clerk. If the document was not properly formatted, Texas Online will transmit a warning to the filer’s EFSP.
(e) Not later than the first business day after receiving a document from TexasOnline, the county clerk shall decide whether the document will be accepted for filing. The county clerk shall accept the document for filing provided that the document is not misdirected and complies with all filing requirements. The county clerk shall handle electronically transmitted documents that are filed in connection with an affidavit of inability to afford court costs in the manner required by TEX. R. CIV. P. 145. If the county clerk fails to accept or reject a document within the time period, the document is deemed to have been accepted and filed.
(f) If the document is accepted for filing, the county clerk shall note the date and time of filing which, with the exception of subsection (h) below, shall be the date and time that the filer transmitted the document to the filer’s EFSP. The county clerk shall inform TexasOnline of its action the same day action is taken. TexasOnline shall, on that same day, electronically transmit to the filer’s EFSP a “confirmation” that the document has been accepted for filing by the county clerk. The EFSP will electronically transmit the confirmation to the filer. This confirmation will include an electronically “file-marked” copy of the front page of the document showing the date and time the county clerk considers the document to have been filed.
(g) If the document is not accepted for filing, the county clerk shall inform TexasOnline of its action, and the reason for such action, the same day action is taken. TexasOnline shall, on that same day, electronically transmit to the filer’s EFSP an “alert” that the document was not accepted along with the reason the document was not accepted. The EFSP will electronically transmit the alert to the filer.
(h) Except in cases of injunction, attachment, garnishment, sequestration, or distress proceedings, documents that serve to commence a civil suit will not be deemed to have been filed on Sunday when the document is electronically transmitted to the filer’s EFSP, TexasOnline, or the county clerk on Sunday. Such documents will be deemed to have been filed on the succeeding Monday.

Rule 4.4 Filing Deadlines Not Altered
The electronic filing of a document does not alter any filing deadlines.

Rule 4.5 Multiple Documents
(a) Except as provided by subsection (b) below, a filer may include only one document in an electronic transmission to TexasOnline.
(b) A filer may electronically transmit a document to TexasOnline that includes another document as an attachment (e.g., a motion to which is attached a brief in support of the motion).

Rule 4.6 Official Document
(a) The county clerk’s file for a particular case may contain a combination of
electronically-filed documents and traditionally-filed documents.
(b) The county clerk may maintain and make available electronically-filed documents in any manner allowed by law.
Rule 4.7 E-mail Address Required
In addition to the information required on a pleading by TEX. R. CIV. P. 57, a filer must include an e-mail address on any electronically-filed document.

Rule 4.8 Document Format
(a) Electronically-filed documents must be computer-formatted as specified by
TexasOnline. Electronically-filed documents must also be formatted for printing on 81/2 inch by 11-inch paper.
(b) An electronically-filed pleading is deemed to comply with TEX. R. CIV. P. 45.

PART 5. SERVICE OF DOCUMENTS OTHER THAN CITATION

Rule 5.1 Electronic Service of Documents Permissible
(a) In addition to the methods of serving documents (other than the citation to be served upon the filing of a cause of action) set forth in TEX. R. CIV. P. 21a, a filer may serve documents upon another party in the case by electronically transmitting the document to that party at the party’s email address. Service in such a manner is known as ‘Electronic service,” and is permissible in the circumstances set out in paragraph (b) below.
(b) Documents may be electronically served upon a party only where that party has agreed, in writing, to receive electronic service in that case. The county clerk shall adopt a standard form of agreement which provides that the party has agreed to electronically accept service, sets out the e-mail address where service should be sent, and informs the party of the right to rescind the agreement by subsequent notice to the court. The agreement must be filed with the court and the form must be served on all other parties.
(c) By virtue of electronically filing a document or serving a document or by agreeing to accept service, a filer additionally agrees to provide information regarding any change in his or her e-mail address to TexasOnline, the county clerk, and all parties in the case.
(d) A party who electronically files a document is not required to electronically serve
documents upon other parties. Electronic service of documents is an optional method of service.
(e) A filer may electronically serve a document in instances where the document is
traditionally filed as well as in instances where the document is electronically filed.

Rule 5.2 Completion of Service and Date of Service
(a) Electronic service shall be complete upon transmission of the document by the filer to the party at the party’s e-mail address.
(b) Except as provided by subsection (c) below, the date of service shall be the date the electronic service is complete.
(c) When electronic service is complete after 5:00 p.m. (recipient’s time), then the date of service shall be deemed to be the next day that is not a Saturday, Sunday or legal holiday.

Rule 5.3 Time for Action After Service
Whenever a party has the right or is required to do some act within a prescribed period of
time after service of a document upon the party and that document is electronically
served, then three days shall be added to the prescribed period of time.

Rule 5.4 Certification of Service
(a) Documents to be electronically served upon another party shall be sent before the time or at the same time that the document is filed.
(b) A filer who electronically serves a document upon another party shall make a written certification of such service that shall accompany the document when that document is filed. The written certification shall include, in addition to any other requirements imposed by the Texas Rules of Civil Procedure, the following:
(i) the filer’s e-mail address or telecopier (facsimile machine) number;
(ii) the recipient’s e-mail address;
(iii) the date and time of electronic service; and
(iv) a statement that the document was electronically served and that the
electronic transmission was reported as complete.

PART 6. ELECTRONIC ORDERS AND VIEWING OF ELECTRONICALLY FILED DOCUMENTS

Rule 6.1 Courts Not Authorized to make Electronic Orders
(a) Judges shall continue to sign paper copies of court orders, judgments, rulings, notices and other court-produced documents (“court orders”).
(b) The county clerk may electronically scan a court order. The scanned court order may then serve as the official copy of the court order. The county clerk is not required to electronically scan court orders in order to create official electronic court orders. Electronic scanning of court orders is at the option of the county clerk.

Rule 6.2 Viewing of Electronically-filed Documents
(a) The county clerk shall ensure that all the records of the court, except those made confidential or privileged by law or statute, may be viewed in some format by all persons for free.
(b) Independent of the TexasOnline system and the requirement of viewing access
described in subsection (a), the county clerk may choose to provide for both filers and the general public to electronically view documents or court orders that have been electronically filed or scanned. Where such provision has been made, persons may electronically view documents or court orders that have been electronically filed or scanned.
(c) Nothing in this rule allows for the viewing of documents or court orders, in any form, that are legally confidential (e.g., papers in mental health proceedings).

PART 7. MISCELLANEOUS PROVISIONS

Rule 7.1 Assigned Court to Resolve Disputes
In the event a dispute should arise involving the application of these rules or various electronic filing issues, the court assigned to the case in which the dispute arises shall decide any dispute.

Rule 7.2. Rule Guiding Interpretation.
These rules are designed to govern the conduct of a pilot project. It is likely that these rules may not have contemplated each problem that may arise in the electronic filing or service of court documents. The application of the rules must be consistent with the understanding that the rules were written for the conduct of an initial pilot project, and must be made without undue prejudice to any person on account of using the electronic filing system or sending or receiving electronic service in good faith.

As you can see the most significant change in the rules is the ability to eFile after the clerk’s office has closed and that your user-id and password is now your signature. If you need to have an affidavit or other document that requires a signature filed, scan it into a PDF, Word or Word Perfect file and send it as an attachment to your filing. For more information on the Local Rules for eFiling go to www.casefilexpress.com and click on eFiling Rules.

If you ever have any questions or problems, please do not hesitate to contact your EFSP. Case File Xpress offers 24 hour a day 7day a week customer service and a toll free number (877) 433-4533. Try eFiling Texas Style—You’ll Love it!

Texas Paralegal Journal © Copyright 2003 by the Legal Assistants Division, State Bar of Texas.

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