IN THE SUPREME COURT OF TEXAS
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1 IN THE SUPREME COURT OF TEXAS Misc. Docket No. 93- ADOPTION OF AMENDED RULES FOR HARRIS COUNTY FOR RECEIVING AND FILING ELECTRONICALLY TRANSMITTED COURT DOCUMENTS ORDERED: At the request of the District Clerk of Harris County, the attached amended rules are adopted governing the procedure for the District Clerk of Harris County to receive and file electronically transmitted court documents. TEX. Gov'T CODE , This Order shall be effective when recorded in the Minutes of the District Courts of Harris County, and upon compliance with Texas Rule of Civil Procedure 3a. Page 1 of 4
2 SIGNED AND ENTERED this /`j day of May, P Thomas R. Phillips, Chief Justice,Q.-K C' J^-^- Raul A. Gonzalez, Justi ek---^2.ga Nat an L. Hecht, Justice Bob Gammage, Justice Craig EnochXustice Rose Specto, Justice Page 2 of 4 Misc. Docket No. 0099
3 AMENDED RULES GOVERNING THE PROCEDURE FOR THE DISTRICT CLERK OF HARRIS COUNTY TO RECEIVE AND FILE ELECTRONICALLY TRANSMITTED COURT DOCUMENTS The following amended rules govern the procedure for the District Clerk of Harris County ("the clerk") to receive and file electronically transmitted court documents. 1. The clerk is authorized to accept for filing via electronic transmission any document which might be filed in a court action except: (a) returns of service on issuances; (b) bonds; (c) signed orders or judgments. 2. Documents electronically transmitted for filing will be received by the clerk on a plain paper facsimile and printed by a laser printer, thereby rendering the copy of archival quality. No document printed on thermal paper shall be filed. 3. Court costs, fees, and electronic transmission filing fees may be paid from escrow accounts deposited with the clerk or by credit card approved by the clerk with immediate wire fund transfer. Credit card charges will be added to the transaction. Documents tendered to the clerk electronically without payment of court costs, fees, and electronic transmission fees, with incomplete information on the charge authorization or request, without immediate wire transfer or which do not conform to applicable rules, will not be filed. 4. A fee schedule for electronic filing shall be adopted annually by the clerk and approved by the local courts. 5. An electronically transmitted document accepted for filing will be recognized as the original record for file or for evidentiary purposes when it bears the clerk's official date and time file stamp. 6. Every document electronically transmitted for filing shall conform to the requirements for filing established by the Texas Rules of Civil Procedure, i.e., shall be on paper measuring approximately 8-1/2 x 11 inches, shall be signed individually by the party or the party's attorney of record, and shall contain that individual's State Bar of Texas identification number, if any, address, telephone number and telecopier number. The quality of the original hard copy shall be clear and dark enough to transmit legibly. 7. The sender shall maintain the original of the document with original signature affixed as required by section , Texas Government Code. 8. A cover sheet must accompany every transmission which shall: (a) clearly identify the sender, the documents being transmitted, and the number of pages; (b) have clear and concise instructions concerning issuance or other request; and (c) have complete information on the charge authorization for court costs and fees. Page 3 of 4 Misc. Docket No.
4 9. The clerk upon receipt of an electronically transmitted document shall verify the completeness of the transmission. 10. The clerk when satisfied that the transmission is complete shall confirm the charge authorization and note the authorization code on the cost receipt. Thereafter, the documents tendered electronically shall be deemed accepted for filing and the clerk shall affix the clerk's official date and time file stamp to the document. 11. If the transmission is found to be incomplete or court costs or fees, if required, are not paid, the clerk will notify the sender as soon as practicable that the transmission has not been filed and the reason. 12. After filing an electronically transmitted document the clerk will electronically transmit to the sender an acknowledgment of the filing, together with cost receipt, if any. 13. No citation or writ bearing the official seal of the court may be transmitted electronically. 14. Electronic transmission of a document does not constitute filing. Filing is complete when the clerk's official date and time file stamp is affixed to the document. 15. Each page of any document received by the clerk will be automatically imprinted with the date and time of receipt. The date and time imprinted on the last page of a document will determine the time of receipt but not time of filing. Transmissions completed during a normal business day before 9:00 p.m. and accepted for filing will be filed on the day of receipt. Transmissions completed after 9:00 p. m., on weekends or holidays will be verified and filed before 10:00 a.m. on the first business day following receipt of transmission. The sender is responsible for determining if there are any changes in normal business hours. Page 4 of 4 Misc. Docket No.
5 CHIEFJUSTICE THOMAS R. PHILLIPS JUSTICES RAUL A. GONZALEZ JACK HIGHTOWER NATHAN L. HECHT LLOYD DOGGETT JOHN CORNYN BOB GAMMAGE CRAIG ENOCH ROSE SPECTOR THE SUPREME COURT OF TEXAS POST OFFICE BOX AUSTIN, TEXAS TEL: (512) FAX: (512) May 20, 1993 CLERK JOHN T. ADAMS EXECUTIVE ASS'T. WILLIAM L. WILLIS ADMINISTRATIVE ASS'T. MARY ANN DEFIBAUGH Ms. Katherine Tyra District Clerk 301 Fannin Houston, Texas Dear Ms. Tyra, Please find enclosed, a copy of the order of the Supreme Court that approved local rules governing the procedure for your office for receiving and filing electronically transmitted documents. Note that this order is effective when recorded in the minutes of the district courts of Harris County and upon compliance with Texas Rule of Civil Procedure 3a. Encl. Sincerely, SIGNED John T. Adams Clerk cc: Hon. Thomas J. Stovall 2nd Admin Judicial Rgn Hon. Miron A. Love Local Administrative Judge Harris County Clerk Supreme Court Adv Committee Mr. Raymond Judice Office of Court Admin State Law Library
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