Lubbock County District Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
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Document Format Requirements7 rules
A document that requires the signatures of opposing parties (such as a Rule 11 agreement) may be electronically filed only as a scanned image.
- Rule 11 agreement
Formatting
- •Electronic filing is permitted only as a scanned image
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.
- Verified document
- Notarized document
- Acknowledged document
- Sworn document
Formatting
- •Electronic filing is permitted only as a scanned image
The EFSP must forward the document to TexasOnline in the required electronic format with the transmission time and payment information.
Court's wording
(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.
Electronically-filed documents must be computer-formatted as specified by TexasOnline. Electronically-filed documents must also be formatted for printing on 8½-inch by 11-inch paper.
- Paper size
- Letter
- Electronically filed document
The required remote-access exclusion caption must be typed or stamped in 36-point font.
- Font size
- 36 points
Court's wording
(a) A person filing a case record described in Rule 15.4(a), (b), (c), (d), (e) or (i) must type or stamp the following caption in 36-point font "CONTAINS INFORMATION EXCLUDED FROM REMOTE ACCESS" at the top of the first page of the case record.
The required remote-access exclusion caption must be typed or stamped in 36-point font.
- Font size
- 36 points
- Case record
Court's wording
(a) A person filing a case record described in Rule 15.4(a), (b), (c), (d), (e) or (i) must type or stamp the following caption in 36-point font "CONTAINS INFORMATION EXCLUDED FROM REMOTE ACCESS" at the top of the first page of the case record.
An electronically-filed pleading is deemed to comply with TEX. R. CIV. P. 45.
Document Filing Requirements42 rules
A digital signature satisfies signature requirements under the Texas Rules of Civil Procedure and other law.
- Document
- Electronically filed document
Include
- •Digital signature
Court's wording
(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.
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.
- Document
- Electronically filed document
Must include
- •An e-mail address
The electronic-service certification must include the filer's e-mail address or fax number and the recipient's e-mail address.
- Document
- Electronic service certification
- Placement
- Certificate section
Court's wording
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;
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.
- Document
- Electronically served document
- Placement
- Certificate section
Must include
- •Certificate of service
A case record containing information excluded from remote access must display the specified caption in 36-point font at the top of its first page.
- Document
- Case record
- Placement
- First page
Must include
- •CONTAINS INFORMATION EXCLUDED FROM REMOTE ACCESS
Court's wording
(a) A person filing a case record described in Rule 15.4(a), (b), (c), (d), (e) or (i) must type or stamp the following caption in 36-point font "CONTAINS INFORMATION EXCLUDED FROM REMOTE ACCESS" at the top of the first page of the case record.
All attorneys retained or court appointed are required to immediately upon undertaking representation on any case, file a notice of appearance with the Court Coordinator’s Office of that Court or on cases on which adversarial proceedings have not been filed with the “Designated Appointing Judge” Coordinator.
If counsel agree on content and deadline dates, the Plaintiff named first in the lawsuit shall submit a scheduling order to the Court within sixty (60) days from the first answer date, subject to Court approval.
If counsel agree on content and deadline dates, the Plaintiff named first in the lawsuit shall submit a scheduling order to the Court within forty (40) days from the first answer date, subject to Court approval.
If counsel agree on content and deadline dates, the Plaintiff named first in the lawsuit shall submit a scheduling order to the Court within thirty (30) days ===== PAGE 10 ===== from the first answer date, subject to Court approval.
b) Copies of that party’s federal income tax returns for the two (2) calendar years prior to the hearing;
e) In all suits involving child support, each party who is a parent shall furnish to the Court the information described for determination of child support set out in Section 154.063, Texas Family Code, as amended.
c) All payroll statements, pay stubs, W2 forms, and 1099 forms which evidence that party’s earnings for the calendar year prior to the hearing and from January first of the current year through the date of the hearing;
d) Copies of any financial statements filed by that party with any financial institution in the two (2) years prior to the hearing;
a) A statement of monthly income and expenses;
Substitution of counsel may be granted without a hearing if a motion is filed with the signature of the substituting attorney, a representation that the defendant agrees to the substitution and a certificate of conference representing that the attorney of record has been notified as to the proposed substitution of counsel.
- Document
- Motion for substitution of counsel
Include
- •Certificate of conference
A complete criminal continuance certificate of conference must state that every party agrees to the continuance and name each party or attorney consulted.
Court's wording
B.1.a. The certificate of conference must contain the following elements to be considered complete: B.1.a.1. A statement that each party is in agreement with the motion for continuance being granted; and, B.1.a.2. Contain the name of each party or attorney with whom the requesting party conferenced.
A complete civil continuance certificate of conference must state that every party agrees to the continuance and name each party or attorney consulted.
Court's wording
A.2.a. The certificate of conference must contain the following elements to be considered complete: A.2.a.1. A statement that each party is in agreement with the motion for continuance being granted; and, A.2.a.2. Contain the name of each party or attorney with whom the requesting party conferenced.
Applications for inclusion on the attorney ad litem appointment list must be submitted on the approved application form.
Court's wording
Applications to be included on the ad litem list must be made on the approved application form (available on the Courts website at www.co.lubbock.tx.us/DCrt/Forms.htm) and may be submitted at any time.
Each attorney must certify CLE compliance (15 hours of MCLE) by July 1 of each year. Certification shall be made on the approved form available from the Courts website.
5. INVENTORY AND APPRAISEMENT: Spouses shall exchange a sworn inventory and appraisement by this date.
Each party must submit a proposed property division identifying property claimed or recognized as separate property.
Court's wording
3. DISPOSITION PROPOSALS: Each party shall submit a proposed property division including property claimed or recognized as separate property to the Court and opposing counsel.
A complete inventory shall be filed prior to the mediation date.
In addition to compliance with the Texas Rules of Civil Procedure 195, plaintiff shall list each expert’s name, address, and topics of the witness’ testimony as well as provide all reports, if generated, to Defendant(s) by this date. Unless so provided the witness will not testify and this date will not be extended.
A list including the name, address, phone number, and topic of testimony of each fact witness who may be called at trial must be provided by this date. Witnesses not provided as ordered will not be permitted to testify unless good cause is shown.
By the pre-trial exchange deadline, counsel must provide other counsel with requested jury charges, motions in limine, a described and numbered exhibit list, tagged and numbered trial exhibits, identified deposition excerpts, and other pretrial matters.
- Document
- Pretrial exchange
Must include
- •Exhibit list
Court's wording
Counsel shall provide to all other counsel, the following: (1) requested jury charges, (2) motions in limine, (3) exhibit lists containing a description of each exhibit and exhibit number, (4) copies of all exhibits the party intends to offer at trial, marked with exhibit tags and numbers, (5) deposition excerpts (counsel shall identify each deposition counsel intends to offer at trial, either by video or otherwise, and designate by page and line number those portions of each deposition counsel intends to offer at trial), and (6) all other pre-trial matters .
In addition to compliance with the Texas Rules of Civil Procedure 195, defendant shall list each expert’s name, address and topics of the witness’ testimony as well as provide all reports, if generated, to the Plaintiff(s) by this date. Unless so provided the witness will not testify and this date will not be extended.
8. MANDATORY EXCHANGE OF INFORMATION PRIOR TO HEARING ON CHILD SUPPORT. Within 30 days of a parent's appearance in a suit involving children, and at least 24 hours prior to any hearing, each parent shall produce the following: 8 .1. Information sufficient to accurately identify that parent's net resources and ability to pay child support including all payroll statements, pay stubs, W2 forms, and 1099 forms which evidence that party's earnings for the six months preceding the first scheduled hearing.
Counsel presenting an ex parte application must represent that the affected party is unrepresented or that represented counsel was notified and declined to be heard, or that counsel diligently attempted but could not provide notice because further efforts are not permitted by the circumstances.
Court's wording
7. APPLICATION FOR EX PARTE ORDERS. By presenting any application for an ex parte order, counsel is deemed to represent to the Court that: 7.1. To the best of counsel's knowledge, the party against whom the relief is sought is not represented by counsel; or 7.2. If the party against whom the relief is sought is represented by counsel, that (i) such counsel has been notified of the application and does not wish to be heard by the Court thereon; or (ii) counsel presenting the application has diligently attempted to notify opposing counsel, has been unable to do so, and the circumstances do not permit additional efforts to give such notice.
- (a) Except as provided in 14.3(d), Sensitive Data must not be filed or included in a case record, as defined by Rule of Judicial Administration 15.2, except in a separately filed, clearly identifiable Sensitive Data Form approved by the Supreme Court of Texas.
- (c) A person must file the Sensitive Data Form at the same time the first case record containing the abbreviated sensitive data is filed. A person must file additional Sensitive Data Forms in a particular cause only if a case record is filed containing abbreviated sensitive data not previously included in a Sensitive Data Form.
When sensitive data must be included in a case record outside a Sensitive Data Form, the data must be abbreviated to the last four digits.
Court's wording
- (b) If a court rule, court order, or statute requires a person to file or include sensitive data in a case record other than in a Sensitive Data Form, a person must abbreviate the data and use only the last four digits of those numbers.
A Sensitive Data Form cannot be included in the clerk's appellate record and may be supplied to an appellate court only by specific written order; if filed there, it must be maintained separately.
Court's wording
14.4 Record on Appeal. A Sensitive Data Form must not be included in the clerk's record on appeal. A Sensitive Data Form may be provided to the appellate court only upon specific written order from the appellate court. If an appellate court orders a copy of the Sensitive Data Form to be filed, it must maintain the Sensitive Data Form separately from the remainder of the record or court file.
(a) A person filing a case record described in Rule 15.4(a), (b), (c), (d), (e) or (i) must type or stamp the following caption in 36-point font "CONTAINS INFORMATION EXCLUDED FROM REMOTE ACCESS" at the top of the first page of the case record.
- Document
- Case record
- Placement
- First page
Must include
- •CONTAINS INFORMATION EXCLUDED FROM REMOTE ACCESS
A participating official must certify that the office has read the electronic access policy and will comply with it.
Court's wording
I, _________________________, the _____________________of Lubbock County, Texas, have read the Lubbock County Court Case Records Access Policy (the “Policy”) and hereby certify that my Office will comply with its requirements.
A list must be filed which includes the name, address, and topic of testimony of each expert witness and fact witness by this date.
Each attorney shall submit a proposed property division including property claimed or recognized as separate property to the court and opposing counsel.
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.
(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.
- Document
- Electronically filed document
Include
- •Digital signature
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.
- Document
- Electronically filed document
Include
- •Digital signature
Each court will determine the trial settings according to their schedule, but all cases will receive a specific date and time, in writing or electronically, for any setting from the court, at each scheduling conference.
B.1. If a completed certificate of conference accompanies a motion for continuance, the Court may grant the motion for continuance without a hearing.
- Document
- Motion for continuance
Include
- •Certificate of conference
A.2. If a completed certificate of conference accompanies a motion for continuance, the Court may grant the motion for continuance without a hearing.
- Document
- Motion for continuance
Include
- •Certificate of conference
Filing & Service rules
Electronic Filing Rules
Electronic filing of court documents is optional unless a District Court or County Court orders it for a particular case upon a party's motion and a showing of good cause.
(a) Except as provided by subsection (b) below, the electronic filing and serving of court documents is wholly optional. (b) Upon the motion of a party and for good cause shown, a District Court or County Court may order the parties in a particular case to electronically file and serve court documents that are permitted to be electronically filed under Rule 3.3.
Page 3 | Rule 1.3 Electronic Filing Optional Unless Ordered by Court
Documents that may traditionally be filed with the district or county clerk may generally be filed electronically, subject to specified exceptions.
A document that can be filed in a traditional manner with the district clerk or county clerk may be electronically filed with the exception of the following documents:
Page 5 | Rule 3.3 Documents That May Be Electronically Filed
A filer must follow TexasOnline's registration procedures to register for electronic filing.
To become registered to electronically file documents, filers must follow registration procedures outlined by TexasOnline.
Page 6 | Rule 4.1 TexasOnline
A motion to seal a document and any response to that motion may be filed electronically.
A motion to have a document sealed, as well as any response to such a motion, may be electronically filed.
Page 6 | Rule 3.3 Documents That May Be Electronically Filed
Electronic filings are transmitted through an EFSP and then TexasOnline to the district or county clerk, and the filer must maintain valid EFSP and TexasOnline accounts.
Filers do not electronically file documents directly with the district clerk or county clerk. Rather, filers indirectly file a document with the district clerk or 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 district clerk or county clerk. A filer filing or serving a document must have a valid account with an EFSP and with TexasOnline
Page 6 | Rule 4.1 TexasOnline
Each electronic filer must use the confidential identifier issued upon registration, and that use constitutes a digital signature.
(a) Upon completion of the initial registration procedures, each filer will be issued a confidential and unique electronic identifier. Each filer must use his or her identifier in order to electronically file documents. Use of the identifier to electronically file documents constitutes a “digital signature” on the particular document.
Page 7 | Rule 4.2 Signatures
The clerk must accept a document that is correctly addressed and satisfies all filing requirements.
The district clerk or county clerk shall accept the document for filing provided that the document is not misdirected and complies with all filing requirements.
Page 8 | Rule 4.3 Time Document is Filed
A filer generally may include only one document in each electronic transmission to TexasOnline.
Except as provided by subsection (b) below, a filer may include only one document in an electronic transmission to TexasOnline.
Page 9 | Rule 4.5 Multiple Documents
Lubbock County must comply with all electronic filing rules, statutes, and other applicable requirements governing electronic filing.
A.1. Lubbock County shall adhere to all electronic filing rules or, any other rule or statute governing electronic filing.
Page 7 | Rule 1.14 – Electronic Filing
An affidavit or other covered paper attached to an electronically filed document may be scanned and filed electronically with the underlying document.
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.
Page 6 | Rule 3.4 Documents Containing Signatures
TexasOnline must forward filed documents to the clerk and warn the EFSP when a document is improperly formatted.
(d) Upon receiving a document from a filer's EFSP, TexasOnline shall electronically transmit the document to the district clerk or county clerk. If the document was not properly formatted, Texas Online will transmit a warning to the filer's EFSP.
Page 8 | Rule 4.3 Time Document is Filed
Paper copies of electronically filed documents are not required unless another law or rule requires them.
B.1. Unless otherwise required by law or rule, paper copies of electronically filed documents are not required.
Page 7 | Rule 1.14 – Electronic Filing
Upon a judge's request, the clerk must provide a paper copy of all documents electronically filed or stored by the clerk.
The clerk, however, upon request by a judge, shall provide a paper copy of all documents electronically filed or stored by the clerk.
Page 7 | Rule 1.14 – Electronic Filing
The County and District Clerk may designate an electronically filed document or a scanned paper document as the official court record.
B.2. As provided by the Tex. R. Civ. P. 21(f)(13), the County and District Clerk may designate an electronically filed document or a scanned paper document as the official court record.
Page 7 | Rule 1.14 – Electronic Filing
A case file may contain both electronically filed and traditionally filed documents.
The district clerk's file or county clerk's file for a particular case may contain a combination of electronically-filed documents and traditionally-filed documents.
Page 9 | Rule 4.6 Official Document
A document may be electronically transmitted with another document as an attachment.
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).
Page 9 | Rule 4.5 Multiple Documents
Filing Timing and Cure Windows
A document transmitted to the EFSP by its filing deadline is timely and must be filed if the clerk receives it no more than ten days late.
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 district clerk or county clerk not more than ten days tardily, shall be filed by the district clerk or county clerk and deemed filed in time.
Page 7 | Rule 4.3 Time Document is Filed
Electronic delivery to the filer's EFSP is deemed delivery to the clerk and filing, subject to Rule 4.3(h).
(b) Upon sending an electronically-transmitted document to a filer's EFSP, the filer is deemed to have delivered the document to the district clerk or county clerk and, subject to Rule 4.3(h), the document is deemed to be filed.
Page 7 | Rule 4.3 Time Document is Filed
(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,
(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,
Page 8 | Rule 4.3 Time Document is Filed
A document is deemed accepted and filed if the clerk fails to act within the required review period.
If the district clerk or county clerk fails to accept or reject a document within the time period, the document is deemed to have been accepted and filed.
Page 8 | Rule 4.3 Time Document is Filed
The clerk must decide whether to accept an electronically transmitted document no later than the first business day after receiving it from TexasOnline.
(e) Not later than the first business day after receiving a document from TexasOnline, the district clerk or county clerk shall decide whether the document will be accepted for filing.
Page 8 | Rule 4.3 Time Document is Filed
Unless the Sunday exception applies, an accepted document is dated as filed when the filer transmitted it to the EFSP.
(f) If the document is accepted for filing, the district clerk or 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.
Page 8 | Rule 4.3 Time Document is Filed
A document submitted to TexasOnline or a clerk on Sunday is deemed filed on the succeeding Monday.
TexasOnline, or the district clerk or county clerk on Sunday. Such documents will be deemed to have been filed on the succeeding Monday.
Page 9 | Rule 4.3 Electronic Filing Deadline
Electronic filing does not change the applicable filing deadline.
The electronic filing of a document does not alter any filing deadlines.
Page 9 | Rule 4.4 Filing Deadlines Not Altered
Challenges to plaintiff's expert witnesses must be made at least 90 days before trial.
Challenges to experts shall be made at least 90 days before trial.
Civil cases
Page 1 | PLAINTIFF’S EXPERT WITNESSES
Challenges to defendant's expert witnesses must be made at least 60 days before trial.
Challenges to experts shall be made at least 60 days before trial.
Civil cases
Page 1 | DEFENDANT’S EXPERT WITNESS
A complete inventory must be filed before trial.
A complete inventory shall be filed prior to trial.
Civil cases
Page 1 | INVENTORY AND APPRAISEMENT
All discovery requests and deposition notices must be filed by the scheduling-order deadline.
All discovery requests and deposition notices must be filed by this date.
Civil cases
Page 1 | DISCOVERY
All pleading amendments and supplements must be filed by the scheduling-order deadline.
All amendments and supplements must be filed by this date.
Civil cases
Page 1 | PLEADINGS
The filer's transmission report is prima facie evidence of the document's transmission date and time.
A transmission report by the filer to the filer's EFSP shall be prima facie evidence of date and time of transmission.
Page 7 | Rule 4.3 Time Document is Filed
The clerk must notify TexasOnline of an acceptance the same day, after which TexasOnline and the EFSP must transmit a file-stamped confirmation to the filer that day.
The district clerk or 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 district clerk or county clerk. The EFSP will electronically transmit the confirmation to the filer.
Page 8 | Rule 4.3 Time Document is Filed
The clerk must notify TexasOnline of a rejection and its reason the same day, and the rejection alert must be transmitted to the filer that day.
(g) If the document is not accepted for filing, the district clerk or 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.
Page 8 | Rule 4.3 Time Document is Filed
Counsel must confer about the scheduling order within 30 days after the first answer.
Within thirty (30) days from the date of the first answer in a case, counsel must confer as to the content of a scheduling order.
Page 10 | Rule 3.40 – Case Level Definitions and Time Frames – B. Discovery Level Two – B.2. Scheduling Orders
Counsel must confer about the scheduling order within 45 days after the first answer.
Within forty-five (45) days from the date of the first answer in a case, counsel must confer as to the content of a scheduling order.
Page 10 | Rule 3.40 – Case Level Definitions and Time Frames – C. Discovery Level Three – C.2. Scheduling Orders
Counsel must confer about the scheduling order within 20 days after the first answer.
Within twenty (20) days from the date of the first answer in a case, counsel must confer as to the content of a scheduling order.
Page 10 | Rule 3.40 – Case Level Definitions and Time Frames – A. Discovery Level One and Expedited Actions – A.2. Scheduling Orders
Electronic transmission is available year-round, 24 hours a day, except during brief state-approved Sunday-morning maintenance.
(a) A filer may electronically transmit a document through an EFSP to TexasOnline 24 hours per day each and every day of the year, except during brief periods of state-approved scheduled maintenance which will usually occur in the early hours of Sunday morning.
Page 7 | Rule 4.3 Time Document is Filed
Service and Proof of Service Rules
Electronic service of court documents is optional unless a District Court or County Court orders it for a particular case upon a party's motion and a showing of good cause.
(a) Except as provided by subsection (b) below, the electronic filing and serving of court documents is wholly optional. (b) Upon the motion of a party and for good cause shown, a District Court or County Court may order the parties in a particular case to electronically file and serve court documents that are permitted to be electronically filed under Rule 3.3.
Page 3 | Rule 1.3 Electronic Filing Optional Unless Ordered by Court
A filer may serve documents electronically by transmitting them to another party's e-mail address, except for the citation served when a cause of action is filed.
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.
Page 9 | Rule 5.1 Electronic Service of Documents Permissible
The date of electronic service ordinarily is the date on which electronic service is completed.
Except as provided by subsection (c) below, the date of service shall be the date the electronic service is complete.
Page 10 | Rule 5.2 Completion of Service and Date of Service
A document served electronically must be served before or at the time it is filed.
Documents to be electronically served upon another party shall be served before the time or at the same time that the document is filed.
Page 10 | Rule 5.4 Certification of Service
Electronic service completed after 5:00 p.m. in the recipient's time zone is deemed served the next day that is not a Saturday, Sunday, or legal holiday.
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.
Page 10 | Rule 5.2 Completion of Service and Date of Service
Electronic service is complete when the filer transmits the document to the recipient's e-mail address.
Electronic service shall be complete upon transmission of the document by the filer to the party at the party's e-mail address.
Page 10 | Rule 5.2 Completion of Service and Date of Service
A filer who electronically files, electronically serves, or agrees to accept electronic service must report e-mail address changes to TexasOnline, the clerks, and all parties.
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 district clerk, the county clerk, and all parties in the case.
Page 10 | Rule 5.1 Electronic Service of Documents Permissible
Electronic service is permitted only if the recipient agrees to it or the court orders electronic service.
Documents may be electronically served upon a party only where that party has agreed to receive electronic service or where the court has ordered the parties to electronically serve documents.
Page 10 | Rule 5.1 Electronic Service of Documents Permissible
Electronic filing alone does not require electronic service unless the court orders electronic service.
A party who electronically files a document is not required to electronically serve documents upon other parties unless the court has ordered the parties to electronically serve documents.
Page 10 | Rule 5.1 Electronic Service of Documents Permissible
Three days are added to a prescribed post-service action period when the document is electronically served.
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.
Page 10 | Rule 5.3 Time for Action After Service
An electronic-service record must state the date and time of service and confirm that electronic transmission was reported as complete.
(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.
Page 11 | PART 6. ELECTRONIC ORDERS AND VIEWING OF ELECTRONICALLY-FILED DOCUMENTS
A defendant out on bond who did not receive the required copies at arraignment or an ARP docket must be notified by mail.
Defendants out on bond who are not furnished copies at arraignment or an ARP docket shall be notified by mail.
Criminal cases
Page 11 | Rule 5.54 - Appointing Procedures
A defendant in jail must receive copies of the appointment order and bond-related pre-trial order through the jail by the end of the next working business day.
to a defendant in jail of a copy of the appointment order and “Order to Report to Pre-Trial Services in event of making bond” by the end of the next working business day through the jail.
Criminal cases
Page 11 | Rule 5.54 - Appointing Procedures
The party causing joinder must provide a copy of the scheduling order when service occurs.
THE PARTY CAUSING JOINDER SHALL PROVIDE A COPY OF THIS SCHEDULING ORDER AT THE TIME OF SERVICE.
Civil cases
Page 1 | JOINDER
The party causing joinder must provide a copy of the scheduling order when service occurs.
THE PARTY CAUSING THE JOINDER SHALL PROVIDE A COPY OF THIS SCHEDULING ORDER AT THE TIME OF SERVICE.
Civil cases
Page 1 | JOINDER
All necessary parties must be joined and served by the scheduling-order date.
All parties must be added and served, whether by amendment or third party practice, by this date.
Civil cases
Page 1 | JOINDER
Defendants arraigned in jail or on an ARP docket must be furnished copies as soon as practically possible.
Defendants arraigned in jail (or ARP dockets) will be furnished copies as soon as practically possible.
Criminal cases
Page 11 | Rule 5.54 - Appointing Procedures
Electronic service may accompany both traditionally filed and electronically filed documents.
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.
Page 10 | Rule 5.1 Electronic Service of Documents Permissible
Filing Fees and Waivers
Electronic filers must pay regular filing fees through TexasOnline using a method established by TexasOnline.
(e) Filers who electronically file documents will pay regular filing fees to the district clerk or county clerk indirectly through TexasOnline by a method set forth by TexasOnline.
Page 7 | Rule 4.1 Filing Fees
Users who do not pay the required amount before renewal lose system access on the renewal date.
Users who do not pay the required amount prior to the renewal date shall have their access terminated on the renewal date.
Page 8 | Section 6.30 – Billing and Collection of Fees
Applicants cannot receive a login and password until the Treasurer receives full payment.
Applicants will not be issued a login and password until the full payment is received by the Treasurer.
Page 8 | Section 6.30 – Billing and Collection of Fees
After approval of the system-use contract, applicants must deposit the prorated or full access fee with the Lubbock County Treasurer.
Upon approval of the contract discussed in Section 6.20 by the Lubbock County Commissioners Court, applicants shall deposit the prorated or full fee with the Lubbock County Treasurer.
Page 8 | Section 6.30 – Billing and Collection of Fees
An EFSP may impose an additional convenience fee for electronic filing.
(f) An EFSP may charge filers a convenience fee to electronically file documents. This fee will be in addition to regular filing fees.
Page 7 | Rule 4.1 Filing Fees
The district or county clerk may impose an electronic-filing convenience fee in addition to other fees.
(h) The district clerk or 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.
Page 7 | Rule 4.1 Filing Fees
TexasOnline charges an additional convenience fee capped at the amount approved by the TexasOnline Authority.
(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.
Page 7 | Rule 4.1 Filing Fees
A $75.00 court-cost assessment applies if a party fails to appear for DRC mediation or does not cancel at least 24 hours in advance.
IF YOU DO NOT APPEAR FOR M EDIATION BEFORE DRC, and/or YOU HAVE NOT CANCELLED AT LEAST 24 HOURS IN ADVANCE, you will be assessed $75.00 as court costs.
Civil cases
Page 1 | ALTERNATIVE DISPUTE RESOLUTION
Remote-access fees are prorated, and all users renew on the same date.
Fees for access to the remote access system shall be prorated for all users to renew on the same date.
Page 8 | Section 6.10 – Prorated Fees
Lubbock County must establish a reasonable fee schedule for remote access to case records.
Lubbock County shall establish a reasonable fee schedule for remote access to case records.
Page 8 | Section 6.00 – Fees for Access
The annual fee for a licensed-attorney firm of five to nine attorneys is $1,500.00.
Firm of 5-9 attorneys $1,500.00
Page 10 | Appendix A: 2007 Fee Schedule
The annual fee for a licensed-attorney firm of ten to nineteen attorneys is $3,500.00.
Firm of 10-19 attorneys $3,500.00
Page 10 | Appendix A: 2007 Fee Schedule
The annual fee for a sole-practicing licensed attorney is $360.00.
Sole Practitioner $360.00
Page 10 | Appendix A: 2007 Fee Schedule
The annual fee for a bail bonding company is $500.00.
Bail Bonding Companies $500.00
Page 10 | Appendix A: 2007 Fee Schedule
The annual fee for a licensed-attorney firm of two to four attorneys is $600.00.
Firm of 2-4 attorneys $600.00
Page 10 | Appendix A: 2007 Fee Schedule
The annual fee for other users is $360.00.
Others $360.00
Page 10 | Appendix A: 2007 Fee Schedule
The annual fee for a licensed-attorney firm of twenty or more attorneys is $6,000.00.
Firm of 20+ attorneys $6,000.00
Page 10 | Appendix A: 2007 Fee Schedule
The annual fee for a media organization is $500.00.
Media organizations $500.00
Page 10 | Appendix A: 2007 Fee Schedule
The annual fee for an investigator is $360.00.
Investigators $360.00
Page 10 | Appendix A: 2007 Fee Schedule
Sealing & Redaction Procedures
14.2(a) Except as provided in 14.3(d), Sensitive Data must not be filed or included in a case record, as defined by Rule of Judicial Administration 15.2, except in a separately filed, clearly identifiable Sensitive Data Form approved by the Supreme Court of Texas.
14.2(a) Except as provided in 14.3(d), Sensitive Data must not be filed or included in a case record, as defined by Rule of Judicial Administration 15.2, except in a separately filed, clearly identifiable Sensitive Data Form approved by the Supreme Court of Texas.
Page 2 | RULE 14. SENSITIVE DATA IN COURT CASE RECORDS
A Sensitive Data Form must be filed when the first record containing the corresponding abbreviated sensitive data is filed, with an additional form required only for newly included data.
14.2(c) A person must file the Sensitive Data Form at the same time the first case record containing the abbreviated sensitive data is filed. A person must file additional Sensitive Data Forms in a particular cause only if a case record is filed containing abbreviated sensitive data not previously included in a Sensitive Data Form.
Page 2 | RULE 14. SENSITIVE DATA IN COURT CASE RECORDS
14.2(b) If a court rule, court order, or statute requires a person to file or include sensitive data in a case record other than in a Sensitive Data Form, a person must abbreviate the data and use only the last four digits of those numbers.
14.2(b) If a court rule, court order, or statute requires a person to file or include sensitive data in a case record other than in a Sensitive Data Form, a person must abbreviate the data and use only the last four digits of those numbers.
Page 2 | RULE 14. SENSITIVE DATA IN COURT CASE RECORDS
Sensitive Data Forms must be stored separately from other case records in the proceeding.
14.3(a) The court or court clerk must secure Sensitive Data Forms separately from other case records in that proceeding.
Page 2 | RULE 14. SENSITIVE DATA IN COURT CASE RECORDS
Access to a filed Sensitive Data Form is restricted to the parties or attorneys of record and specified court or governmental personnel whose duties require access.
14.3(b) Access to a filed Sensitive Data Form is prohibited, except the court or court clerk must allow access to the forms to a party or an attorney of record in the cause in which the Sensitive Data Form is filed, and court officials, court personnel, or other governmental entities, including a Title IV-D agency and law enforcement agencies, whose duties require access to this sensitive data.
Page 2 | RULE 14. SENSITIVE DATA IN COURT CASE RECORDS
A Sensitive Data Form may be included in an appellate record only by specific written order and must be maintained separately from the remainder of the record or court file.
14.4 Record on Appeal. A Sensitive Data Form must not be included in the clerk's record on appeal. A Sensitive Data Form may be provided to the appellate court only upon specific written order from the appellate court. If an appellate court orders a copy of the Sensitive Data Form to be filed, it must maintain the Sensitive Data Form separately from the remainder of the record or court file.
Page 3 | RULE 14. SENSITIVE DATA IN COURT CASE RECORDS
A court should avoid revealing sensitive data in orders and opinions when legally permitted, but this rule does not authorize redacting adjudicated orders or opinions.
14.3(d) A court should avoid revealing sensitive data in its orders and opinions to the extent permitted by law. Nothing in this rule permits a court to redact information from a court order or opinion issued in the adjudication of a case.
Page 2 | RULE 14. SENSITIVE DATA IN COURT CASE RECORDS
14.3(c) A court or court clerk may obtain and maintain a record of each person to whom access to a filed Sensitive Data Form is provided
14.3(c) A court or court clerk may obtain and maintain a record of each person to whom access to a filed Sensitive Data Form is provided
Page 2 | RULE 14. SENSITIVE DATA IN COURT CASE RECORDS
Filing Bundling Requirements
Parties are encouraged to file dispositive motions as early as possible to avoid unnecessary costs and delay.
The parties are encouraged to file these motions as early as possible in order to avoid unnecessary costs and delay.
Civil cases
Page 1 | DISPOSITIVE MOTIONS
Adjournment & Extension Requirements
For good cause, a magistrate may extend the Article 15.17 hearing and probable-cause review for up to 72 hours after arrest by motion and order.
(4) (a) By Motion and Order for good cause, the magistrate may extend the 15.17 hearing and review of Probable Cause up to 72 hours after arrest.
Criminal cases
Page 6 | Rule 5.53 - Magistrating Procedures 15.17
In a civil case, a continuance request generally requires a written motion under Texas Rule 251 unless all counsel consent in writing and the court approves the request; the court must hold a hearing if the requesting party asks for one.
A. In a civil case, unless counsel for all parties consent, in writing, to the request for a continuance and the same is approved by the Court, a motion must be filed pursuant to Rule 251, et seq. of the Texas Rules of Civil Procedure, as amended. At the request of the party, the court shall conduct a hearing on the motion.
Page 24 | Rule 9.15 - Requests for Continuance
A civil continuance motion that does not satisfy Rule 9.15(A)'s requirements will be denied without prejudice to refiling.
A.1. Any motion that does not meet these requirements will be denied without prejudice to the right to refile.
Page 24 | Rule 9.15 - Requests for Continuance
Criminal continuance requests are governed by Chapter 29 of the Texas Code of Criminal Procedure.
B. In a criminal case, continuances are governed by Chapter 29 of the Texas Code of Criminal Procedure, as amended.
Page 24 | Rule 9.15 - Requests for Continuance
Chambers Communication Rules
The Court must be contacted immediately if the case requires a jury, involves substantial property division, or concerns child custody.
NOTE: If this case requires a jury, involves substantial property division, or a dispute over child custody, please contact the Court immediately.
Civil cases
Page 1 | NOTE
The Court and DRC must be notified immediately if the case settles.
Notify the Court and the DRC IM M EDIATELY if the case settles.
Civil cases
Page 1 | ALTERNATIVE DISPUTE RESOLUTION
The Accessibility Coordinator may be contacted by phone at 806.775.1355.
Cryctal Spradley Assistant Director of Court Administration/Accessibility Coordinator 904 Broadway, Suite #325 Lubbock, Texas 79401 806.775.1355 cspradley@lubbockcounty.gov
Page 4 | Request for Auxiliary Aids and Services
The alternate accommodation-request contact may be reached by phone at 806.775.1355.
Dean Stanzione Director of Court Administration 904 Broadway, Suite #325 Lubbock, Texas 79401 806.775.1355 destanzione@lubbockcounty.gov
Page 4 | Request for Auxiliary Aids and Services
When the Accessibility Coordinator is unavailable, an accommodation request may be directed to the Director of Court Administration.
When the Courts Accessibility Coordinator is unavailable, the request may be directed to:
Page 4 | Request for Auxiliary Aids and Services
Individuals may request an auxiliary aid or service by contacting the identified accessibility coordinator in writing or orally.
Individuals requesting any type of auxiliary aid or service may make their request in writing or orally by contacting:
Page 4 | Request for Auxiliary Aids and Services