Rule 4.3 - Time Document is Filed(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.(b) Upon the electronic transmission ofa document to a filer's EFSP, the filer is deemed to have delivered the document to the justice ofthe peace court and, subject to Rule 4.3(h), the document is deemed to be filed. If a document is electronically transmitted to the filer's EFSP on or before the last day for filing the same, the document shall be filed by the court and deemed filed in time. A transmission report by the filer to the filer 's EFSP shall be prima facie evidence ofdate and time oftransmission.(c) On receipt ofa filer's document, the filer's EFSP must send the document to TexasOnline 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. TexasOnline will electronically transmit to the filer an acknowledgment that the document has been received by TexasOnline. The acknowledgment will note the date and time that the electronically-transmitted document was received by TexasOnline.(d) Upon receiving a document from a filer's EFSP, TexasOnline shall electronically transmit the document to the justice of the peace court. If the document was not properly formatted, Texas Online will transmit a warning to the filer's EFSP.(e) The justice of the peace court shall accept the document for filing provided that the document is not misdirected and complies with all filing requirements. The justice ofthe peace court must accept electronically-transmitted documents that are filed in connection with an affidavit of inability to afford court costs in the manner required by Texas Rule of Civil Procedure 145. If the justice of the peace court fails to accept or reject a document within one business day, the document is deemed to have been filed.(f) If the document is accepted for filing, the justice ofthe peace court 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. The justice of the peace court shall inform TexasOnline ofits 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 justice ofthe peace court. The EFSP will electronically transmit the confirmation to the filer. This confirmation will include an electronically file-marked copy ofthe front page of the document showing the date and time the justice of the peace court considers the document to have been filed.(g) If the document is not accepted for filing, the justice of the peace court 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'sEFSP 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.(h) Except in cases of 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, TexasOnline, or the justice ofthe peace court on Sunday. Such documents will be deemed to have been filed on the succeeding Monday.Tex. R. eFiling Just. Ct. 4.3
Effective January 1, 2008.