Civil / Probate
The Supreme Court of Texas has mandated that all civil cases, including family and probate cases, by attorneys in appellate courts, and all non-juvenile civil cases, including family and probate cases, by attorneys in district courts, statutory county courts, constitutional courts, and statutory probate courts be filed electronically.
Court Adopts Final E-Filing Rules
The Brazoria County Clerk’s Office will enforce mandatory e-filing beginning July 1, 2014.
If you are having problems getting started, please take a few minutes to read over some of the FAQ’s below to assist you in the transformation to electronic filing, or visit https://efile.txcourts.gov/ for helpful training videos, web training, and information on choosing an EFSP.
FREQUENTLY ASKED QUESTIONS ABOUT E-FILING
How does e-filing work?
Electronic filing or e-filing enables filers and courts to efficiently process documents and fees online.
E-FileTexas.gov manages the flow of information among filers, clerks, court personnel, and judges:
After selecting a certified electronic filing service provider (EFSP), filers log on to the providers’ website to file case-related documents online to any participating court in Texas.
Filer Submits Documents
EFSPs check submissions for completeness, calculate filing fees and court costs, and electronically deliver the submitted documents to participating courts.
EFSP Delivers Documents to the Court
Court clerks receive the electronically filed documents and associated fees for processing and acceptance, review the documents, accept the filings or return them for correction, and provide an electronic timestamp notification to the filer for the accepted documents.
Clerks Accept or Reject Submissions
What is an EFSP?
E-filing in Texas is facilitated by electronic filing service providers (EFSP), that is, web portals operated by independent companies that collect filings from filers and transmit them to eFileTexas.gov.
Do I have to register to use EFileTexas.gov?
Yes, all users must register prior to using eFileTexas.gov
Is e-filing secure?
Yes. The eFileTexas.gov system adheres to state and federal security regulations and meets Payment Card Industry Security Standards to protect filer and transaction information.
How do I serve other individuals with my e-filed documents?
Filers are responsible for accomplishing service of all filings as required by applicable court rules. For this purpose, filers may use the mail service, serve by hand delivery, send an e-mail, or use eFileTexas.gov as it offers the option of electronic service of each filing to the designated service contact.
What is e-service?
E-service is a feature provided by eFileTexas.gov where documents are electronically served to other parties in a case via e-mail. Using this option, you can track when each party received and opened the filing.
Note: Transaction and service fees may apply depending on the EFSP used to perform e-service.
Can I use e-service without filing a document with the court?
Yes, eFileTexas.gov may be used to exchange documents between parties without filing the documents through the courts.
How do I know if my e-filed document has been submitted?
When you submit a filing, your service provider (EFSP) should display a message that it has been submitted. If you do not see that message shortly after your filing has been uploaded and sent, please contact your EFSP to confirm its submission.
How do I submit a filing with attachments?
Documents you wish to append to the pleading as exhibits or attachments should be specified as such. You may either attach the exhibits to your pleading or you may scan the exhibits or attachments behind the pleading and upload. It is not necessary to attach the exhibits separately. Please feel free to use either method, whichever is more convenient for you.
Can I submit more than one filing at a time?
You may file more than one lead document in an envelope as long as you specify each separate pleading as a lead document. Only filings submitted as lead documents will receive our electronic file stamp.
I'm filing a new case and need to request service of process. How do I do that and pay for the service?
To authorize the issuance and service fees via e-filing, go to the "Optional Services" section and select how many citations/subpoenas/writs are needed, and whether you wish to have a Sheriff or Private Process server execute the process. If service by private process, please be specific on how citation, writ, or subpoena shall be returned.
How do I submit the Original Will?
When a party electronically files an application to probate a document as an original will, the original will must be filed with the clerk within three business days after the application is filed.
Can I use more than one EFSP?
Yes. You may use as many as you’d like.
How is the EFileTexas system different from the old one?
The new platform will reduce costs for filers by up to 94%, and will provide for expanded e-filing in Texas using a proven system already operational in several States. The cost reduction is made possible by a shift in the funding mechanism for e-filing, from a transaction-based model to a small ($5-20), one-time fee paid per civil, justice, and criminal case.
My court is currently e-filing. Will all of the fees and other data need to be reconfigured into the new system manually?
Yes, reconfiguration will be necessary. An e-file Texas representative will assist with this process as each county transition to the new system.
When can I use EFileTexas?
E-FileTexas.gov is available 24 hours a day, seven days a week. Consult your local court rules for the court review timelines and schedules.
Is e-filing mandatory for my court?
Unless a court chooses to adopt mandatory e-filing earlier by enacting local rules, e-filing will be mandatory in civil cases in the district courts, statutory county courts, constitutional county courts and statutory probate courts according to the following implementation schedule based upon the counties’ 2010 Federal Census population. Courts in counties with a population of:
a. 500,000 or more ? January 1, 2014
b. 200,000 to 499,999 ? July 1, 2014
c. 100,000 to 199,999 ? January 1, 2015
d. 50,000 to 99,999 ? July 1, 2015
e. 20,000 to 49,999 ? January 1, 2016
f. 20,000 ? July 1, 2016
What type of cases can I e-file using eFileTexas?
Most courts restrict e-filing to non-criminal cases, with the primary exception being the Court of Criminal Appeals. Specific case types per court can be viewed by logging into an EFSP of your choosing, selecting a particular court, and viewing their available options.
When I need to file with a specific court, how will I know whether the county has transitioned to the new system?
The list of courts currently accepting filings through the eFileTexas.gov system is available on the active courts Web pages.
Do I have to register to use EFileTexas?
Yes, all users must register prior to using eFileTexas.gov.
Is support available for the EFileTexas system?
Yes, support is provided by each service provider (EFSP) for their particular application.
Is documentation and training available for using E-FileTexas?
Yes, support is provided by each service provider (EFSP) for their particular application.
Can I use EFileTexas if I am a pro per or pro se?
Yes, pro se parties are eligible to use any EFSP for e-filing. However, it is not mandatory they do so.
Can EFileTexas be used to initiate cases or to file into existing cases?
Yes, E-FileTexas can be used to initiate cases, e-file into existing cases, or serve documents. Both attorneys and support staff can use the system under their own user names.
What date and time are applied to my e-filing? When it is submitted or when it is accepted?
The date and time applied to your filing would be the submission date and time.
Is there a fee to use EFileTexas?
Yes, there are fees associated with filing documents electronically on the eFileTexas.gov system:
Standard court filing fees; Contact your local court for information on filing fee
Some EFSPs charge fees for e-filing and related services. These fees vary by EFSP and transaction.
I already use an EFSP, do I need to switch?
No, as long as your current EFSP has been certified to submit filings to eFileTexas.gov, there is no need to switch providers.
What if there is not a “filing code” listed for my document, what do I need to do?
Select the closest filing type that is relevant to your document.
REASONS FOR REJECTION OF E-FILED DOCUMENTS AND/OR REQUEST FOR CORRECTION
A clerk must accept a document tendered for e-filing unless specifically authorized not to accept the document(s) by statute or by the Rules of Civil Procedure for the reasons listed below.
Sealed Documents - Documents filed under seal or presented to court in camera cannot be efiled. TRCP 21(f)(4)
Vexatious Litigant - Filer has been found to be a vexatious litigant and has not presented an order from the local administrative judge permitting the filing. CPRC §11.103
REQUEST FOR CORRECTION
A clerk may request a filer to correct an e-filed document only for the following reasons. The request must state the reason and reference any supporting authority as follows:
Insufficient Fees - Fees submitted are insufficient. Please resubmit your filing with the correct case type/filing type. (provide short summary as to what fees were not included) TRCP 99(d) and Gov’t Code, §51.318(b)(7)and (8)Gov’t Code§51.317(a)Local Gov’t Code §118.052; §118.121; or §118.131
Insufficient Funds - Credit Card was declined. Please resubmit with a valid method of payment. TRCP 99(d) and Gov’t Code,§51.318(b)(7)and (8)Gov’t Code §51.317(a) Local Gov’t Code §118.052; §118.121; or §118.131
Document Addressed to Wrong Clerk - The document is addressed to a court for which this clerk’s office does not accept filings. Please correct or re-file with the appropriate clerk’s office.
Please resubmit using the correct:
Party Names on document(s)
Incorrect Formatting - Please resubmit the document:
By rotating the document so that the file mark will appear in the upper right corner
In text searchable PDF
Directly converted to PDF if possible.
With a 300dpi resolution
With a page size of 8.5”x11”
With no embedded fonts TRCP 21 (f)(8)
PDF Documents Combined - You have submitted multiple documents for filing in a single PDF. The file-mark will only appear on documents submitted as lead documents. Please file all lead documents as separate PDF documents.
Illegible/Unreadable - Please resubmit in a format that is legible.
Sensitive Data - Please resubmit in five (5) business days with all sensitive data redacted: DL, SSN, Passport Number, Tax ID
Number, Government Issued ID Number
Bank Account Number, Credit Card Number, Financial Account Number
Birth Date, Home Address and name of any person who was a minor when the suit was filed.
TRCP 21c (a-f) NOTE: Family Code §102.008 and §105.006 require identification of children by name and DOB.