| (a) All notices, pleadings, motions, exhibits, and
other documents for ALR proceedings must be filed in the manner specified
by this section and in compliance with 1 Texas Administrative Code §§155.101-.103.
(b) Methods of Filing.
(1) Electronic Filing. Defense counsel and the Department
shall electronically file all notices, pleadings, motions, exhibits,
and other documents for an ALR proceeding at SOAH by use of eFile
Texas or another electronic filing service provider approved by the
Texas Supreme Court. Parties not represented by an attorney are strongly
encouraged to electronically file documents but may use alternative
methods of filing described in paragraph (2) of this subsection.
(A) Party Information. As soon as practicable after
the initial docketing of an ALR proceeding at SOAH, each party or
attorney of record shall ensure that the electronic filing manager
contains complete and accurate party contact information known to
the parties at the time, including the entry and verification of the
mailing address, phone number, and email address of each party.
(B) Designation of Lead Counsel. If the party will
be represented by an attorney, the lead counsel who is primarily responsible
for the representation shall ensure that the information entered into
the electronic filing manager includes the designation of lead counsel
and lead counsel's state bar identification number.
(C) Service Contact Information. Each party, or lead
counsel if the party will be represented by an attorney, shall ensure
that the electronic filing manager contains complete and accurate
service contact information known to the parties at the time of filing,
including the entry and verification of the email address of each
party or attorney who is required to be served.
(i) The service contact information maintained in the
electronic filing manager must be sufficient to allow SOAH and the
parties to electronically serve documents through eFile Texas.
(ii) SOAH may rely on the service contact information
on file in eFile Texas for electronic delivery of orders, decisions,
and other case-related communications from SOAH. SOAH is not required
to deliver copies of orders, decisions, or other case related communications
to persons who are not identified as a party, lead counsel, or service
contact for the case within eFile Texas.
(iii) Failure to enter and verify service contact information
within eFile Texas may result in a failure to comply with legal requirements
for service of process.
(D) Document Titles and Use of Proper Filing Codes.
All documents submitted for electronic filing must be properly titled
or described in the electronic filing manager in a manner that permits
SOAH and the parties to reasonably ascertain its contents, including
through use of the correct filing code for the type of document.
(2) Filing by Self-represented Parties. Defendants
without an attorney are strongly encouraged, but not required, to
file electronically in the manner described in paragraph (1) of this
subsection. Self-represented parties may use approved alternative
methods of email, facsimile transmission, mail, or hand-delivery in
the manner specified on SOAH's website.
(3) Alternative Filing Methods. For good cause, a judge
may permit a party to file documents in paper or another acceptable
form in a particular case.
(c) Requirements for All Filers.
(1) Address of Record Required. The defendant, the
Department, and lead counsel for each party shall provide and maintain
a current mailing address and email address on file with SOAH during
the pendency of the proceeding. SOAH and the parties may maintain
the parties' address information on file as part of the electronic
record in eFile Texas.
(2) Pleadings and Motions. All pleadings, motions,
or applications to the judge for an order, whether in the form of
a motion, plea, or other form of request, must be filed with the SOAH
Chief Clerk's Office in writing and signed by the party, unless presented
orally during a hearing.
(3) Separate Submissions Required. Different document
types cannot be combined into a single submission for filing. A party
may not combine motions requesting different types of relief or action
into a single filing but must submit each motion separately. If the
document submitted for filing is an exhibit, it must be properly identified
as an exhibit and submitted separately from motions, pleadings, or
other filings, unless the exhibit is attached as a necessary supporting
document to a pleading.
(4) Confidential Filing Required. To avoid the public
disclosure or redaction of confidential information or personal identifying
information necessary for the resolution of an ALR proceeding, all
documents submitted for filing shall be designated as "confidential"
at the time of submission. Failure to correctly submit documents as
"confidential" may result in the record being publicly-accessible
through the re:SearchTX court records portal.
(5) Exhibit Submission.
(A) Prefiling Required. All exhibits shall be prefiled
at least two days before the hearing to avoid unnecessary surprise
or delay. The judge, in his or her discretion, may grant or deny the
presentation and admission of exhibits that were not timely prefiled
in accordance with this section.
(B) Organization of Exhibits. Exhibits should be numbered
sequentially, and multipage documents shall be paginated or Bates
stamped. If multiple exhibits are combined into a single document
for submission, then the document must be bookmarked to allow the
judge and parties to locate each exhibit within the record.
(C) DPS Notice of Hearing. The Department must file
a copy of the notice of hearing and any amended or corrected notices
of hearing.
(D) Audio and Video Evidence. Evidentiary exhibits
in the form of audio or video recordings shall be filed electronically
in the manner specified on SOAH's website. Audiovisual evidence may
only be submitted in a common, non-proprietary file format (e.g.,
MP4, WMV, AVI, MPEG) that can be reviewed by the judge and presented
at the hearing without the need for special equipment or software.
(E) Supplemental Exhibits. Any exhibits admitted at
a hearing that were not prefiled as required by this section, shall
be filed electronically by the party who offered the exhibit by no
later than the next business day after the conclusion of the hearing.
The parties may only supplement the record with exhibits that were
offered and admitted as evidence, or for which an offer of proof was
presented at the hearing.
|
