What’s Going on When I E-File My Proposed Order?

  1. Courts Can’t Sign Orders that are Attached to Pleadings

First, the court cannot sign an order that is attached to a pleading.  For example, if you file a motion to enter and attach your proposed order as Exhibit A to the motion, that whole pleading will be filed in the court’s electronic docket and will not be editable or sign-able.  There is no way for the court to sign that order.

If you want a proposed order to be electronically signed by the court, you should also submit the proposed order through the e-filing system as a separate document so the court can sign it.

  1. E-Filed Documents Go Through Multiple Steps Before Getting to Courts

When an attorney e-files any document, it goes into a queue for the district clerks office.  All e-filed documents go into one long queue all together, whether they are pleadings, proposed orders, etc.  Each court has two civil clerks.  Only that court’s clerks review the e-filings for that court.

During business hours, each court’s clerks start at the top of the list of e-filed documents and work each item in order, one at a time.  On an average day, the clerks may arrive in the morning to a 6-8 page long list of e-filed documents.  On a normal day, it can take the clerks about 2-3 hours to process all the documents.  So, for example, if you e-file a proposed order after business hours, it should be available to the court by around noon on the next business day.  Likewise, if you e-file a pleading after hours, it may not show up in the court’s electronic docket until about noon the next business day.  It could be earlier or later in the day depending on how many e-filings the clerks are dealing with that day.

If something is important or urgent, the attorney can call that court’s clerks and get the e-filing pushed through.  The clerks will then locate that document in the queue and process it out of order.  Contact info for each court’s clerks is available on the district clerk’s website:

https://www.collincountytx.gov/district_clerk/Documents/Court%20Contact%20Information.pdf

 

New Policy – 470th Cases Must Be Heard in 470th, Not Aux

New Policy

Cases out of the 470th must be heard by the 470th and may not be heard by the Auxiliary Court.  The 470th will make every effort to address your case efficiently, in the 470th.

Please schedule all proveups with the 470th coordinator.

Reminder:  agreed divorce decrees and agreed orders in suits affecting the parent-child relationship (SAPCRs) may be proved up by affidavit. More information on the court’s policies is available here.

Thank you for your patience as we implement this new policy.

Peeping Toms in the New Millennium: Digital Dos and Don’ts

PEEPING TOMS IN THE NEW MILLENNIUM: DIGITAL DOS AND DON’TS.

By:

HON. EMILY MISKEL
470th District Court
18484 Preston Rd., Suite 102-336
Dallas, Texas 75252

MARK I. UNGER
Unger Law Firm
10010 San Pedro, Suite 660
San Antonio, Texas 78216

KRISTAL C. THOMSON
Wilson, Pennypacker & Thomson
8620 N. New Braunfels, Suite 101
San Antonio, Texas 78217

I.           Wiretapping and Other Federal Laws – Introduction and Scope

The purpose of this paper is a little different from others I’ve written before.  My goal with this paper is to provide a big-picture topical overview that will help a family law practitioner spot these issues as they pop up in cases. Continue reading Peeping Toms in the New Millennium: Digital Dos and Don’ts

How Attorneys May Withdraw Without a Hearing in Collin County

1.    Draft your motion to withdraw, including all of the information required by TRCP 10.

2.     Draft a letter to your client that contains the information required by Collin County Local Rule 4.3.  Sample letter: Continue reading How Attorneys May Withdraw Without a Hearing in Collin County

Wiretapping & Data Interception in Civil and Family Law Cases

Wiretapping & Data Interception in Civil and Family Law Cases

Dallas Bar Association Headnotes, October 2015

by Hon. Emily Miskel

Civil and family law attorneys are increasingly confronted with situations where a client’s information has been improperly accessed or where a client has obtained information improperly. The laws relating to interception of communications and electronic data are a confusing web of state and federal statutes, which can include harsh penalties and damages for clients. These laws can also create personal criminal and financial liability for lawyers.

Continue reading Wiretapping & Data Interception in Civil and Family Law Cases