Tex. 2nd. Ct. App. L. R. 5

As amended through June 28, 2024

Rule 5 - FAX FILING OF DOCUMENTS

A. By the Court. Except as specifically required by the Texas Rules of Appellate Procedure, any notices issued by the clerk of the court or any orders issued by the court may be made by fax, at the discretion of the court. Fax notification will be made to the fax number provided by the attorney of record for each party to the appeal.

B. By the Parties.

(1)Permissible Fax Filings. A party may fax file a document only if the party is not required to electronically file the document. The clerk will accept for fax filing any document that is a total of ten transmitted pages or less, excluding the cover sheet. Documents may be faxed to the court (fax number: 817-884-1932) both during and after normal working hours, but documents received after 4:45 p.m. will be considered filed the next day the court is open to the public.

(2)Cover Sheet. A cover sheet must accompany all documents transmitted by fax and must clearly identify:

(1) the name, address, telephone number, fax number, and email address, if any, of the sender;

(2) the name of the party the sender represents;

(3) the document being transmitted;

(4) the cause number;

(5) the number of pages being transmitted; and

(6) the name of the clerk or deputy clerk, if any, to whose attention the document is directed.

(3)Receipt of Transmission. The quality of the original must be clear and dark enough to be transmitted legibly by fax. The clerk will be responsible for events that disrupt, impair, or render impossible the receipt of documents transmitted by fax. The sender is obligated to ensure that documents transmitted by fax have been received legibly and completely by the clerk. Although the clerk's office will verify by telephone that a document has been received legibly and completely, it will not initiate the telephone call. If a document transmitted by fax is not complete or is otherwise illegible, the clerk will nonetheless file it and bring it to the attention of the court. However, the incompleteness or illegibility of a document may be grounds for striking or denying a motion.

(4)Service on Parties. The party transmitting a document by fax must serve a copy of the document on all parties to the appeal by fax or other expedited means.

(5)Fees. The sender must deposit any applicable fees in the U.S. mail on the day the fax is transmitted. Failure of the clerk to receive the fees within seven days after the day the fax is filed may result in the striking of the filing transmitted by fax.

Tex. 2nd. Ct. App. L. R. 5

Amended effective 2/7/2024.