| (a) Filing and service required.
(1) All pleadings and other documents shall be filed
using one of the methods described in this rule.
(2) On the same date a document is filed, it shall
also be served on all other parties as described in §155.105
of this chapter.
(b) Method and format of filing in all cases other
than PUC and TCEQ cases, or matters referred for mediation.
(1) Electronic Filing Required.
(A) Except as otherwise provided in this subchapter,
attorneys, state agencies, and other governmental entities are required
to file all documents, including exhibits, electronically in the manner
specified on SOAH's website, www.soah.texas.gov. SOAH may require
parties to electronically file documents through the electronic filing
manager established by the Office of Court Administration and an electronic
filing service provider certified by the Office of Court Administration.
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.
(B) The electronic version of a document that has been
electronically filed at SOAH shall be given the same legal status
as the original document.
(C) In addition to the other requirements of this rule,
electronic filings must comply with all requirements and procedures
set forth on SOAH's website and electronic filing page, and the applicable
technology standards of the Judicial Committee on Information Technology
if filed through the electronic filing manager established by the
Office of Court Administration.
(D) Formatting and submission. A document filed electronically
must:
(i) be legible and in text-searchable portable document
format (PDF);
(ii) be directly converted to PDF rather than scanned,
to the extent possible;
(iii) not be locked;
(iv) include the email address of a party, attorney,
or representative who electronically files the document;
(v) be accompanied by the entry in the electronic filing
manager of complete and accurate service contact information known
to the parties at the time of filing, including the designation of
lead counsel if the party is represented by counsel;
(vi) include the SOAH docket number and the name of
the case in which it is filed, if not attached to a pleading or document
that already contains this information;
(vii) be properly titled or described in the electronic
filing manager in a manner that permits SOAH and the parties to reasonably
ascertain its contents;
(viii) if the document submitted for filing contains
confidential information, comply with the requirements of §155.103
of this chapter and be submitted separately from public pleadings,
exhibits, or filings to the extent possible;
(ix) if the document submitted for filing is an exhibit,
comply with the requirements of §155.429 of this chapter and
be submitted separately from pleadings or other filings, unless the
exhibit is attached as a necessary supporting document to a pleading;
and
(x) if the document submitted for filing is a motion,
the motion will comply with the requirements of §155.305 of this
chapter and be submitted separately from pleadings or other filings.
(E) A pleading or document that is filed electronically
is considered signed if the document includes an electronic signature.
(F) Time of filing. Unless a document must be filed
by a certain time of day, a document is considered timely filed if
it is electronically filed at any time before midnight central time
on the filing deadline. Once a document has been accepted for filing
by SOAH, an electronically filed document is deemed filed on the date
when transmitted to the filing party's electronic filing service provider,
except:
(i) if a document is transmitted on a Saturday, Sunday,
or legal holiday, it is deemed filed on the next business day; and
(ii) if a document requires a motion and an order allowing
its filing, the document is deemed filed on the date that the motion
is granted.
(iii) If the deadline required for filing a document
in an IDEA special education due process proceeding falls on a Saturday,
Sunday, or legal holiday, then clause (i) of this subparagraph does
not apply and the document is deemed filed on the date when transmitted
to the filing party's electronic filing service provider.
(G) Documents offered at a hearing.
(i) Any documents, including written testimony and
exhibits, offered at a hearing that were not otherwise filed as part
of the record shall be filed electronically.
(ii) If the judge sustained an evidentiary objection
to a document offered at a hearing that resulted in exclusion of the
document, then the excluded document shall be filed in accordance
with this section only if there was an offer of proof.
(iii) Documents required to be filed by this section
shall be filed electronically by not later than the next business
day after the conclusion of the hearing at which they were offered,
unless otherwise ordered by the judge.
(2) Filings by unrepresented parties.
(A) Parties who are not represented by an attorney
may file documents using any of the following methods:
(i) electronically, in the manner and subject to the
requirements specified in paragraph (1) of this subsection and on
SOAH's website, www.soah.texas.gov;
(ii) by mail addressed to SOAH at P.O. Box 13025, Austin,
Texas 78711-3025;
(iii) by hand-delivery to SOAH at 300 West 15th Street,
Room 504;
(iv) by fax to the appropriate SOAH office location;
or
(v) at the SOAH field office where the case is assigned,
using the field office address available at SOAH's website.
(B) All documents filed by unrepresented parties must:
(i) include the SOAH docket number and the name of
the case in which it is filed;
(ii) include the party's mailing address, email address
(if available), and telephone number;
(iii) comply with the requirements of §155.103
of this chapter if the document submitted for filing contains confidential
information; and
(iv) comply with the requirements of §155.429
of this chapter if the document submitted for filing is an exhibit.
(C) Time of filing for documents not filed electronically.
With respect to documents filed by mail, fax, or hand-delivery, the
time and date of filing shall be determined by the file stamp affixed
by SOAH. Documents received after 5:00 p.m. or when SOAH is closed
shall be deemed filed the next business day.
(3) Filing Errors.
(A) Filers shall attempt, in good faith, to resolve
filing and service errors in accordance with requisite standards of
conduct and decorum towards counsel, opposing parties, the judge,
and members of SOAH staff, including through timely correction and
resubmission of any non-conforming documents.
(B) Non-conforming documents. SOAH's docketing department
may not refuse to file a document that fails to conform with this
rule. When a filed document fails to conform to this rule, the presiding
judge or SOAH's docketing department may identify the errors to be
corrected and state a deadline for the person, attorney, or agency
to resubmit the document in conforming format.
(C) SOAH shall not be responsible for user or system
errors of the filing party occurring in the electronic filing, transmission,
or service of electronically filed documents.
(D) Technical failure. If a document is untimely due
to a technical failure or a system outage, the filing party may seek
appropriate relief from the presiding judge. If the missed deadline
is one imposed by SOAH's electronic filing rules, the filing party
must be given a reasonable extension of time to complete the filing.
(4) For good cause, a judge may permit a party to file
documents in paper or another acceptable form in a particular case.
(c) Method of filing in cases referred by the PUC.
(1) Except for exhibits offered at a prehearing conference
or hearing, the original of all documents shall be filed at the PUC
in accordance with the PUC rules.
(2) The party filing a document with the PUC (except
documents provided in the discovery process that are not the subject
of motions filed in a discovery dispute) shall serve the judge with
electronic or hard copies of the document upon request or order of
the judge.
Cont'd... |
