El Paso County District Courts Filing Timing and Cure Windows

CRITICAL

Except for the Sunday rule, an accepted document's filing date and time are the date and time it was transmitted to the EFSP.

If the document is accepted for filing, the district clerk shall note the date and time of filing which, with the exception of subsection (h) below, shall be the date and time that the filer transmitted the document to the filer's EFSP.

CRITICAL

By the first business day after receipt, the clerk must decide whether to accept a compliant filing.

Not later than the first business day after receiving a document from eFileTexas, the district clerk shall decide whether the document will be accepted for filing. The district clerk shall accept the document for filing provided that the document is not misdirected and complies with all filing requirements.

CRITICAL

A rejection notice and its reason must be transmitted to the filer through eFileTexas and the EFSP on the decision date.

If the document is not accepted for filing, the district clerk shall inform eFileTexas of its action, and the reason for such action, the same day action is taken. eFileTexas 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.

CRITICAL

Except for the listed special proceedings, a civil suit commenced electronically on Sunday is deemed filed on Monday.

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, eFileTexas, or the Clerk on Sunday. Such documents will be deemed to have been filed on the succeeding Monday.

CRITICAL

A document is deemed accepted and filed if the clerk does not act within the prescribed review period.

If the clerk fails to accept or reject a document within the time period, the document is deemed to have been accepted and filed.

CRITICAL

Upon sending an electronically-transmitted document to a filer's EFSP, the filer is deemed to have delivered the document to the clerk and, subject to Rule 4.3(h), the document is deemed to be filed.

Upon sending an electronically-transmitted document to a filer's EFSP, the filer is deemed to have delivered the document to the clerk and, subject to Rule 4.3(h), the document is deemed to be filed.

CRITICAL

Deadline

10 calendar days

A timely electronic submission received by the clerk no more than ten days late will be filed and deemed timely.

If a document is electronically transmitted to the filer's EFSP and is electronically transmitted on or before the last day for filing the same, the document, if received by the clerk not more than ten days tardily, shall be filed by the clerk and deemed filed in time.

WARNING

The service date is the completion date, except that electronic service completed after 5:00 p.m. in the recipient's time is deemed served on the next day that is not a Saturday, Sunday, or legal holiday.

(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.

WARNING

The district clerk must inform eFileTexas of its action the same day it is taken; eFileTexas must transmit an acceptance confirmation to the filer’s EFSP that same day, and the EFSP will send it to the filer.

The district clerk shall inform eFileTexas of its action the same day action is taken. eFileTexas shall, on that same day, electronically transmit to the filer's EFSP a "confirmation" that the document has been accepted for filing by the district clerk. The EFSP will electronically transmit the confirmation to the filer.

INFO

The filer's EFSP transmission report is prima facie evidence of when the document was transmitted.

A transmission report by the filer to the filer's EFSP shall be prima facie evidence of date and time of transmission.

CRITICAL

Electronic filing does not extend or otherwise change applicable filing deadlines.

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

CRITICAL

The notice of stay must be filed promptly.

If a case is required to be stayed pursuant to any law, such as protection under the bankruptcy laws, suggestion of death, the Servicemembers Civil Relief Act, or abatement, the party must promptly file a notice of stay describing in detail the grounds for the stay.

WARNING

If an objection to a non-jury matter cannot be resolved through conference, the objecting party must file a written objection stating its grounds as soon as reasonably possible.

Any party who has an objection to the date, time, or manner of the non-jury matter, which cannot be resolved by conference with other parties and the court coordinator, shall as soon as is reasonably possible file a written objection, stating the grounds therein, for the court’s discretionary resolution.

WARNINGCivil cases

The standing order does not alter, modify, or override any deadline established by other law or a court order in a particular case.

This Standing Order does no, in any way alter, modify or offeet any deadline set by other law or order in ony porticular case.