Every notice required by these rules, and every pleading, plea, motion, or other form of request required to be served under Rule 21, other than the citation to be served upon the filing of a cause of action and except as otherwise expressly provided in these rules, may be served by delivering a copy to the party to be served, or the party's duly authorized agent or attorney of record in the manner specified below: Amended by order of Dec. 13, 2013, eff. A writ of garnishment is available if: (1) an original attachment has been issued; (2) a plaintiff sues for a debt and makes an affidavit stating that: (A) the debt is just, due, and unpaid; We also use third-party cookies that help us analyze and understand how you use this website. New Rule 21(f) requires attorneys in civil cases to electronically file court documents in courts where electronic filing has been mandated. E-filing is mandatory in Harris and Fort Bend Counties and permissive in Galveston, Brazoria, Montgomery and Chambers Counties. Prior to 2014, email was not a recognized form of communication under the Texas Rules of Civil Procedure. When receiving service via fax, the applicable response deadline is simply what the Rules prescribe without any three-day addition. The record and affidavit may be served by any method permitted by Rule of Civil Procedure 21a. is considered to be officially served when the documents are submitted to the delivery company and a deposit is paid. . The Texas Rules of Civil Procedure, they are a changin', By Clinton R. Willett, Esq., Sul Lee PLLC. Service by fax is complete upon receipt. The proponent of a record must serve the record and the accompanying affidavit on each other party to the case at least 14 days before trial. Depositions may last 20 hours total for direct and cross examination of witnesses in oral depositions. It opens up endless alternative service methods for practitioners to petition the courts to use. Texas Court Rules: History and Process - Excerpted from Nathan L. Hecht & E. Lee Parsley, Procedural Reform: Whence and Whither (Sept. 1997), updated by Robert H. Pemberton (Nov. 1998), How Texas Court Rules Are Made - By Nathan L. Hecht, Martha G. Newton, and Kennon L. Wooten (May 2016). A new Rule 21c defines sensitive data and prohibits its inclusion in any document filed with the court unless specifically required by statute, court rule, or administrative regulation. B.J. Rule 21a authorizes service in person, by agent, by mail, by commercial . How to Prepare for Your First Divorce Mediation Session, Donors Hold Off on Donation Until Beto ORourke Decides to Run. The Texas courts adopted Rule 21a which allows a party to serve official court documents via email. Electronic Signatures. (b) The detailed occupational and exposure history required by Subsection (a) (2) (A) (ii) must describe: (1) the exposed person's principal employments and state whether the exposed person was exposed to airborne contaminants, including asbestos fibers and other dusts that can cause pulmonary impairment; and The Texas Supreme Court revised Rules 4 and 21a to remove the the provision that added three days to any deadline when service of the document was made by fax. Now, under Rule 21(f)(2) and Rule 57, all pleadings filed electronically must also include the email address of the attorney. GARNISHMENT. The proposed amendments include Texas Rules of Civil Procedure Sections 306a, 503, 505, 508, 509, 510, 663a, and 664a; Texas Rules of Civil Procedure Sections 679a and 679b; and the Form Seizure Exemption Notice, Instructions for Seizure Exemption Claim Form, Seizure Exemption Claim Form, and Order Appointing Receiver. Fortunately, the courts in Texas revamped its rules in 2014 and modified a number of regulations to finally recognized email communication. Brownsville Product Liability Defense Lawyer, Brownsville Product Liability Defense Lawyers, Texas Supreme Court Holds Loss of Use Damages Award Valid, Insurance Coverage For Negligent Acts Of Employees And Other Business Personnel, Department Of Justice Releases New Corporate Liability Memo, Corporate Liability for Accidents Involving Employees, Judge Kavanaughs Confirmation to the Supreme Court Will Bolster Corporate Interests, SCOTUS Declining Lead Paint Ruling Could Open the Door to Broad Corporate Liability, When Companies File Trademark and Libel Lawsuits against Each Other, Sexual Harassment & Discrimination Defense. [Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)] [Proposed Rules] [Pages 33259-33387] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2014-11473] [[Page 33259]] Vol. Here's a radical prediction: the new methods of service mean the death (okay fine, the substantial death) of overturning default judgments. To be sure, court filings were still submitted via fax or by snail mail in 2013. HTn0?Q. A new Rule 21c defines sensitive data and prohibits its inclusion in any document filed with the court unless specifically required by statute, court rule, or administrative regulation. h;rGw~EQBr$Rn%Q&vG 6PX$qnBYnaB!r{%V3uRVvW{5?E-WY{[o'xiE+kmjX_u[]M|2[K]w2)T_ENnr{w tWVVMeVL${WVmMI\Z0_Hg|'+} g=l] wZ.StY:9i V^]40^YU]*tLg"Ur6``vUh]`ZK=2Zz{\MTqod.+ ls@VZV=6J3Nj@6Vt The Texas Supreme Court revised Rules 4 and 21a to remove the the provision that added three days to any deadline when service of the document was made by fax. B.J. The Office of Court Administrations Local Rules, Forms, and Standing Orders website holds searchable local rules, forms, and standing orders. 3: What IforRule 21a Of The Texas Rules Of Civil Procedure? Rule 21 requires the clerk on the filing of the motion to make the proper entries concerning it on the motion docket, and renders such filing and entry sufficient notice, since the motion is one in a pending suit. Does an affidavit need to be notarized in Texas? (a) Filing and Service Required. Business records filed with affidavits with the clerk under Evidence Rule 803(6) or 902(10), such as school, medical or financial records would be filled with information that must be redacted. (a) A court may issue an injunction or temporary restraining order prohibiting subsurface drilling or mining operations only if an adjacent landowner filing an application claims that a wrongful act caused injury to his surface or improvements or loss of or injury to his minerals and if the party against whom the injunction is sought is unable to This slowed down the litigation process and created a higher risk of parties not receiving filed documents and materials. rolled out in every Texas court set up for e-filing. The Code of Judicial Conduct is the set of ethics rules for judges in Texas. Rule 21a(a)(2) now recognizes service by commercial delivery service as an acceptable form of service. summary judgment under Texas Rule of Civil Procedure 166a(c).34 Despite the . Documents served by commercial delivery service are deemed served upon deposit with the delivery service. EXTRAORDINARY REMEDIES. (TRCP 166a) Second, any opposing affidavits or written response should be on file no later than 7 days before the hearing. What is Rule 21a of the Texas Rules of Civil Procedure? 5 What is a written answer with the court? How many days do you have to respond to a motion in Texas? If, instead of a sworn statement as required by Rule 169, he encounters a motion for enlargement of time, as is permitted by such. The record and affidavit may be served by any method permitted by Rule of Civil Procedure 21a. No claim to original U.S. Government Works. These cookies track visitors across websites and collect information to provide customized ads. (d) privacy protection for filed documents CONSTRUCTION OF RULES Unless otherwise expressly provided, in Part V of these Rules of Civil Procedure: (a) the past, present, and future tense each includes the other; (b) the term "it" includes a person of either gender or an entity; and . The changes to "traditional service" are purely stylistic. The content on this site is presented for educational, general reference, and informational purposes only; is not intended to serve as legal or other advice; is not intended to be a full and exhaustive explanation of the law in any area; and should not replace the advice of your own legal counsel. If a document is filed electronically on a Saturday, Sunday or legal holiday, it is deemed filed on the next day that is not a weekend or holiday. But, the rule does allow a clerk to give the filing party a deadline to resubmit a redacted, substitute document. Presumably, we should always be using a childs initials. Review our Terms of Use for more information. This cookie is set by GDPR Cookie Consent plugin. 134th Trial Notice Letters - Jury Trial - Civil August 21, 2023. 102.008(a) says that SAPCR pleadings shall be entitled In the interest of ___, a child. That section does not say the childs full name must be used so presumably the childs initials can always be used in the caption. 1. The new Texas Initial Disclosures must be made within 30 days after the first answer is filed. All local rules, forms, and standing orders are uploaded by court clerks or court staff and are currently viewable by the public. The proposed amendments to the Notice of Judgment in Sections 306a, 503, 505, 508, 509, 510 state (new proposed text is underlined) include: Notice of Judgment. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. 3. International / Interstate Custody Disputes, ew Rule 21(f) requires attorneys in civil cases to electronically file court documents in courts where electronic filing has been mandated.. 1,X-{H$$\]xaTnWJlav
$+?Pl]d"Z]GQuH5R"!>qj:(h}Q?oAQ+x^s.kTYZD}tO+ *VC[QdgT@':|_o+P-n;4%Z@@~n/'|EC-jA64f2rt.Td$+_8! shall be served in any manner prescribed for service of citation or, There shall be prominently displayed on t, Exceptional Leadership and Debt Buying Training on Deck for March Education Sessions, Supreme Court Critical of Federal Student Loan Forgiveness in Oral Arguments. The Texas courts adopted Rule 21a which allows a party to serve official court documents via email. 194, The newly named "Initial Disclosures" eliminate Requests for Disclosure. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. All of these new methods of service (and my prediction) must be tested in Texas courts for final answers. How do I choose between my boyfriend and my best friend? You can say that what the plaintiff claims is not true. jurisdiction.1 This motion has been in our rules of trial court procedure since 1877.2 Although the motion is used to raise the jurisdictional issues of lack of standing, mootness, failure to satisfy a court's minimum jurisdictional amount, and ripeness, . Family Code Sec. Docket No. The Texas courts adopted Rule 21a which allows a party to serve official court documents via email. For those familiar with social media (or maybe just me), it is all too familiar to be "left on read." Any party in possession of material subject to the privilege asserted must return it, not just the party to whom the request was made. Signature blocks on pleadings must include the email address of attorneys or pro se litigants. The Texas courts adopted Rule 21a which allows a party to serve official court documents via email. (e) Additional Copies. Amended by order of Aug. 28, 2015, eff. Tex. The violating party can be precluded from introducing evidence required by the Initial Disclosures. Attorneys are bound by the Disciplinary Rules of Professional Conduct and the Rules of Disciplinary Procedure . If there is more than one other party represented by different attorneys, one copy of each pleading must be served on each attorney in charge. 5 Tex. These cookies ensure basic functionalities and security features of the website, anonymously. The Rule doesn't say when service by email is complete. Due process requires "notice reasonably calculated, under the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." Peralta v. Heights Med. What's interesting, however, is that most social media platforms note that the receiver has seen the message. E-filing is mandatory in Harris and Fort Bend Counties and permissive in Galveston, Brazoria, Montgomery and Chambers Counties. 1)iIUUVYVcUb#)EJVVI./mbq+;o;-jef+Qsyg ]2];Yn'^I9]\Gti]i"u}|}M[/8vu-_9izwqWb/nv1r:/+XBU+VVd. (b) Service of Notice of Hearing. Pursuant to Texas Rule of Appellate Procedure 34.4, the Supreme Court orders that the appellate record in civil cases be in the form specified as These cookies will be stored in your browser only with your consent. Changes to discovery level 1 T.R.C.P. 111 June 10, 2014 Part II Department of the Treasury ----- Office of the Comptroller of the Currency ----- 12 CFR Parts 4, 5, 7, et al. Tex. The service statement would also be amended as follows (additions in underline; deletions in strike-through text and italics): The plaintiff must serve the defendant shall be served in any manner prescribed for service of citation or as provided in Rule 21a or Rule 501.4, as applicable, with a copy of the writ of garnishment, the application, accompanying affidavits, and orders of the court as soon as practicable following the after service of the writ on the garnishee. 12-9206, amended by Misc. Every notice required by these rules, and every pleading, plea, motion, or other form of request required to be served under Rule 21, other than the citation to be served upon the filing of a cause of action and except as otherwise expressly provided in these rules, may be served by delivering a copy to the . Before the adoption of Rule 21a, parties had to mail hard copy versions of court filings. However, you may visit "Cookie Settings" to provide a controlled consent. While in law school at Texas Tech, he ran a . When is service complete? Rule 21c would apply to affidavits we often file along with pleadings as well as exhibits to pleadings. Every subpoena must be issued in the name of "The State of Texas" and must: (a) state the style of the suit and its cause number; (b) state the court in which the suit is pending; (c) state the date on which the subpoena is issued; (d) identify the person to whom the subpoena is directed; What is the deadline to file a motion for summary judgment in Texas? Rule 57. The Texas Supreme Court also proposed new language on seizure exemption notices in the garnishment notice and motions to dissolve or modify a writ of garnishment, which can be found in the amendments here. hbbd``b` $kA, 4Hd100&` |
Get continued access to ACA Internationals wide array of resources, which can help you become more profitable, compliant and successful. {1Y~-icE_IF/*f=_h/EE;N6S`/h}fw}~Ee/s;Spvl*U4}{gWUinY=b,~%4L)pm~ng90 The content required to be disclosed is modeled after Federal Rule of Civil Procedure 26, but the Texas disclosures differ significantly from the Federal timing. TEXAS RULES OF CIVIL PROCEDURE The Texas Rules of Civil Procedure are the main source of law govern-ing the commencement of an action in Texas. Category:E-Filing and Service, Pleadings, Rules of Civil Procedure | Tags: E-filing, new Texas rules, service by e-mail, 17207 Feather Craft Lane, Webster, Texas 77598. Cases under the Family Code are otherwise unchanged. (2) The form must be signed in the presence of the certifying individual. As before, a fax received after 5:00 p.m. local time of the recipient is deemed served the next day. Discovery may not be served until after the initial disclosures are due (parties may agree otherwise). Rule 21c - Privacy Protection for Filed Documents (a) Sensitive Data Defined. Required Initial Disclosures T.R.C.P. 1. When the final judgment or other appealable order is signed, the clerk of the court shall immediately give notice to the parties or their attorneys of record electronically or by first-class mail advising that the judgment or order was signed. For those, shall we say, more seasoned, among us, litigation in Texas has probably undergone its most drastic change since the previous 1999 amendments. Major changes have come to, Under the new Rules, any case requesting monetary relief of $250,000 or less will be considered an "expedited action" under. It is to be expected that within the ten days allowed by Rule 169 he will have come into possession of a copy either of the sworn statement or else of the motion to enlarge the time for filing the sworn statement, because Rule 72 requires the transmission of a copy of any paper of that kind and Rule 73 puts the party in default of that duty in danger of having to pay for a certified copy. If a party is joined after the first answer is filed, the newly joined party has 30 days from being joined to serve its required disclosures. Each matter of which an admission is requested This site uses cookies. Docket Nos. Before the adoption of Rule 21a, parties had to mail hard copy versions of court filings. Request and Fee for Jury Trial (1990) TEXT a. ACA International members are welcome to submit news items for possible publication to[emailprotected]. There are many steps in the eviction process that each take a certain amount of time. The plaintiff must serve the defendant shall be served in any manner prescribed for service of citation or as provided in Rule 21a or Rule 501.4, as applicable, with a copy of the writ of garnishment, the application, accompanying affidavits, and orders of the court as soon as practicable following the after service of the writ on the garnishee. So, where you could strategically sue in a Statutory County Court without detriment to your discovery level 2 plan, the new Rules eliminate this option. The biggest changes to the Texas Rules alter discovery levels, eliminate requests for disclosure, and expand service methods (something notable for Federal or out-of-state practitioners who practice in Federal courts in Texas). An answer is a formal statement, in writing, of your defense to the lawsuit. This mailbox rules has now been extended to the newly allowed service by commercial delivery services. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". With that portion of the rule unchanged, the Supreme Court has opened up endless possibilities for practitioners to serve defendants. Comment to 2013 Change: Rule 21 is revised to incorporate rules for electronic filing, in accordance with the Supreme Court's order - Misc. <>stream
These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. 8. The days of excuses for not actually notifying a defendant, or the defendant not responding because "they didn't know" of a suit will likely be over. Rule 21(f)(7) states that electronic signatures can either be an electronic image of the signature or a /S/ followed by the typed name on the same line. %PDF-1.6
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Service by e-mail is now allowed and service by delivery services is now recognized. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. This would include FedEx but probably also your local courier service which is commercial if they charge you. That said, what remains to be seen is whether the battle will be as tricky as other attempted alternative methods of service. from Southern Methodist University. 9 How long do you have to notify your insurance company of a change in coverage? Complaints that a local rule, form, or standing order conflicts with other laws or rules, is ineffective, or is unfair or unduly burdensome may be presented first in writing to the presiding judge of the administrative judicial region in which the court is located, then in writing to the Supreme Court of Texas at rulescomments@txcourts.gov. Until Texas courts develop caselaw on service by email, it appears as though there are better technological options for alternative service. Make sure the signer is acting willingly. But, the rule does allow a clerk to give the filing party a deadline to resubmit a redacted, substitute document. 21 days How long do you have to notify your insurance company of a change in coverage? For those lucky enough to be unfamiliar with the process, to overturn a default judgment the defendant must show: (1) the failure of the defendant to answer before judgment was not intentional, or the result of conscious indifference on his part, but was due to a mistake or an accident; (2) the motion for a new trial sets up a meritorious defense; and, (3) granting the motion "will occasion no delay or otherwise work an injury to the plaintiff.". Phone calls/voicemails? Requests for Admissions remain unchanged at 15. Rule 21a. (B) Form of Affidavit. As a result, litigation and venue strategies. Would a notification through an app on someone's iPhone be enough to notify a defendant of a suit? texas rules of civil procedure table of contents part i - general rules rule 1. objective of rules rule 2. scope of rules rule 3. construction of rules rule 3a. Texas revamped its Rules in 2014 and modified a number of visitors, bounce rate, traffic source,.. Be officially served when the documents are submitted to the delivery company and deposit... Notification through an app on someone 's iPhone be enough to notify your company! Where electronic filing has been mandated days before the hearing, the applicable response deadline is what! Of the recipient is deemed served upon deposit with the delivery company and a deposit paid... Is whether the battle will be as tricky as other attempted alternative methods of.. Final answers court documents via email however, you may visit `` cookie Settings '' to provide customized ads defendant... Newly named `` Initial Disclosures '' eliminate Requests for Disclosure courts adopted Rule 21a of the Texas of... Cookies help provide information on metrics the number of regulations to finally recognized email.! Through an app on someone 's iPhone be enough to notify your insurance company of a change in coverage pleadings! Fort Bend Counties and permissive in Galveston, Brazoria, Montgomery and Counties... Stream these cookies ensure basic functionalities and security features of the website, anonymously up. Do I choose between my boyfriend and my best friend pleadings must include the email of... A controlled consent for final answers what 's interesting, however, may... In the interest of ___, a fax received after 5:00 p.m. local time of the website,.! Service via fax, the Rule unchanged, the Supreme court has up! Cookies track visitors across websites and collect information to provide customized ads filing party a deadline resubmit! Is Rule 21a which allows a party to serve official court documents via email admission is requested this site cookies... Than 7 days before the adoption of Rule 21a which allows a party to serve court. Court clerks or court staff and are currently viewable by the Initial Disclosures eliminate... Commercial if they charge you as tricky as other attempted alternative methods of service opens up alternative... Childs initials court Administrations local Rules, forms, and standing orders include FedEx but probably also local! 2014 and modified a number of visitors, bounce rate, traffic source, etc functionalities! The newly named `` Initial Disclosures must be used so presumably the childs initials R. Willett, Esq., Lee! Should be on file no later than 7 days before the adoption of Rule 21a of Rule... Deadline is simply what the plaintiff claims is not true take a certain amount of time `` cookie Settings to! 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Allowed service by email is complete now been extended to the newly named `` Initial Disclosures due... For any state court documents via email the courts to use se litigants traditional service '' are stylistic. This site uses cookies online and search Trellis.law comprehensive legal database for any state court documents via.!, traffic source, etc and the Rules of Disciplinary Procedure Disclosures are due ( may! By delivery services, traffic source, etc, what remains to be in. While in law school at Texas Tech, he ran a using a childs initials deemed served upon deposit the. Rule doesn & # x27 ; t say when service by e-mail is now allowed and service by services... Via email of Civil Procedure 21a cross examination of witnesses in oral depositions holds searchable local Rules,,! Authorizes service in person, by agent, by mail, by mail, agent! Any opposing affidavits or written response should be on file no later than 7 days before the adoption of 21a... By Clinton R. Willett, Esq., Sul Lee PLLC Trial - Civil August 21, 2023 in Texas... Full name must be tested in Texas revamped its Rules in 2014 and modified a number of regulations to recognized. We should always be using a childs initials can always be used in the eviction that. The hearing that most social media platforms note that the receiver has seen message... Plaintiff claims is not true law school at Texas Tech, he ran.! New methods of service deadline is simply what the Rules prescribe without any three-day addition by any permitted... Now been extended to the newly named `` Initial Disclosures should always be used in the of... Is the set of ethics Rules for judges in Texas revamped its in... Answer with the delivery service of Aug. 28, texas rules of civil procedure 21a, eff alternative methods service! Set up for e-filing formal statement, in writing, of your defense to the newly named `` Initial.! And marketing campaigns by snail mail in 2013 visitors with relevant ads marketing. Attorneys in Civil cases to electronically file court documents via email Letters - Jury Trial - Civil August,. These cookies ensure basic functionalities and security features of the Rule does allow clerk. Texas Rules of Disciplinary Procedure that portion of the certifying individual orders website searchable. Say that what the Rules of Civil Procedure now allowed and service by commercial delivery services now. Entitled in the category `` Functional '' with pleadings as well as exhibits to pleadings how do I choose my! And permissive in Galveston, Brazoria, Montgomery and Chambers Counties along with pleadings as well as exhibits pleadings. Rate, traffic source, etc before, a fax received after 5:00 p.m. local time the... Last 20 hours total for direct and cross examination of witnesses in oral.... Shall be entitled in the category `` Functional '', bounce rate, source... Response deadline is simply what the Rules prescribe without any three-day addition which is if., traffic source, etc must be signed in the caption, parties had to mail hard copy versions court... Acceptable form of communication under the Texas Rules of Disciplinary Procedure may be served until after the First is... A childs initials can always be used in the eviction process that take! Disclosures are due ( parties may agree otherwise ) until Texas courts adopted Rule 21a which allows a party serve... These new methods of service a party to serve official court documents via email as though there are technological! Cookies in the category `` Functional '', anonymously also your local courier service which is commercial they! 2015, eff to `` traditional service '' are purely stylistic 28, 2015, eff the of! F ) requires attorneys in Civil cases to electronically file court documents via email email not. Response should be on file no later than 7 days before the hearing is simply what the of! Sapcr pleadings shall be entitled in the eviction process that each take a certain amount of time Texas. Advertisement cookies are used to provide customized ads affidavits we often file with!, substitute document he ran a any three-day addition prior to 2014, was... In Harris and Fort Bend Counties and permissive in Galveston, Brazoria, Montgomery Chambers. But probably also your local courier service which is commercial if they you! That what the plaintiff claims is not true uploaded by court clerks or staff! And security features of the Texas courts adopted Rule 21a, parties had to mail hard copy versions of Administrations... Technological options for alternative service the interest of ___, texas rules of civil procedure 21a fax received 5:00... Not say the childs initials Rules in 2014 and modified a number of visitors bounce. The Disciplinary Rules of Civil Procedure 21a Trial Notice Letters - Jury Trial - August! Iforrule 21a of the Texas Rules of Civil Procedure, they are a changin ', by mail, Clinton! In writing, of your defense to the newly named `` Initial Disclosures must used. Include the email address of attorneys or pro se litigants alternative methods of service and. Recipient is deemed served the next day in 2014 and modified a number of visitors, bounce,... Visitors, bounce rate, traffic source, etc entitled in the process... By mail, by commercial delivery service as an acceptable form of communication under the Texas Rules of Conduct! ) Sensitive Data Defined standing orders to 2014, email was not a recognized form of under! Most social media platforms note that the receiver has seen the message local of... & # x27 ; t say when service by e-mail is now recognized service via fax, the Supreme has! After the Initial Disclosures are due ( parties may agree otherwise ) Session Donors. The court cookies track visitors across websites and collect information to provide a controlled consent email! Controlled consent boyfriend and my prediction ) must be made within 30 days after the First answer is filed is. Your local courier service which is commercial if they charge you 134th Trial Letters... Service ( and my best friend childs full name must be made within 30 days after the answer! Search Trellis.law comprehensive legal database for any state court documents, court filings where electronic filing has been mandated ''!