Changes to TRCP - Effective SEPT 1
The Supreme Court of Texas has issued the following Preliminary Approvals amending the Texas Rules of Civil Procedure:
Misc. Docket No. 23-9053 – Amendments to Texas Rules of Civil Procedure 21, 165a, 239a, 246, 297, 298, 299, 299a, and 306a
Find the Order HERE
Misc. Docket No. 23-9052 – Amendments to Texas Rules of Civil Procedure 194a, 195a, 190, 192, 194, 195, 196, 197, and 198
Find the Order HERE
The Rules and Amendments are effective September 1, 2023
Misc. Docket No. 23-9053
This order primarily alters TRCP 21(f)(10), making electronic filing of Orders, Notices, and other Documents from the Court MANDATORY. However, the Court, Clerk, or Court Coordinator can still send Orders, Notices, etc. via email or mail IN ADDITION TO e-filing. There were other changes as well.
Misc. Docket No. 23-9052
This order primarily alters discovery procedures and rules
related to cases under the Family Code.
Local Rules & Standing Orders -new centralized platform
All Texas State Courts’ Local Rules and Standing Orders are now centralized by the Office of Court Administration at the following website: https://topics.txcourts.gov/
Misc. Docket No. 23-9072
The Supreme Court of Texas and Court of Criminal Appeals have issued Orders approving "Technology Standards (Version 7.1)" which are effective Wednesday, October 11, 2023.
A copy of the Orders can be obtained here: https://www.txcourts.gov/media/1457083/239072.pdf
These Technology Standards are MANDATORY e-filing standards primarily applicable to County and District Clerks, but they may impact the processes you use to e-file your documents. Particularly, Section 3 “Digital Media Standards” are likely most relevant to law firms. Although these apply to documents and records “filed electronically or scanned from source records by the clerk,” it may be prudent for firms to follow these standards when e-filing.
The Order includes e-filing Configuration Standards, which will hopefully eliminate the patchwork of e-filing options that differ from one county to another.
Of particular importance, the Order provides the following:
the filing types each clerk MUST offer e-filers;
the types of document options that MUST be made available for each e-filing envelope – “Standalone document”, “Proposed Order”, and “Exhibits/Supporting documents”; and
standardized filing procedures – “[c]lerks may not return a document for correction if the filer followed the processes outlined below.”
In other words – Clerks must provide an authoritative basis for rejecting a filing, and that basis must come from statute, procedural rule, or this Order.
“A clerk must accept a document tendered for e-filing unless specifically authorized not to accept the document(s) by statute, Texas Rules of Appellate Procedure, or by the Texas Rules of Civil Procedure for the reasons listed below.”
The bases for returning a filing are contained in Section 4.8.4 of the Order.
This Order follows the Supreme Court’s prior order of Misc. Docket No. 23-9053 altering TRCP 21(f)(10) and making electronic filing of Orders, Notices, and other Documents from the Court MANDATORY. However, the Court, Clerk, or Court Coordinator can still send Orders, Notices, etc. via email or mail IN ADDITION TO e-filing. There were other changes as well.