(a) Unless a statute, rule, or court order requires that a document be filed by a certain time of day, a document is considered timely filed if it is electronically filed at any time before midnight (in the court's time zone) on the day of the filing deadline. An electronically filed document is deemed filed when transmitted to the filing party's electronic filing service provider, except: (1) if a document is transmitted on a Saturday, Sunday, or legal holiday, it is deemed filed on the next day that is not a Saturday, Sunday, or legal holiday; and(2) if a document requires a motion and an order allowing its filing, the document is deemed filed on the date the motion is granted.(b) If a document is untimely filed due to a technical failure or a system outage, the filing party may seek appropriate relief from the court.Tex. R. Crim. Cases Gov. Elec. Fil'g 2.3
Adopted by Order dated February 14, 2017, effective 5/1/2017.Comment to Rule 2.3: This rule addresses when a document is timely filed for purposes of meeting a legal deadline imposed by a statute or a court. A clerk's acceptance of a document on a weekend or legal holiday does not impact whether a document is timely filed under this rule.