Reasons for returned files
The Harris County District Clerk's Office returns some files that have been improperly submitted. When these files are returned, the DCO will notify you of the type of filing error that occurred. Filers should resubmit files after they have corrected the error. Please take a moment to review common errors:
Sensitive Data: Pursuant to the Texas Supreme Court electronic filing mandate regarding sensitive data, TCRP Rule 21c is effective March 1, 2017. Sensitive data must be redacted using the letter "X." The filing party must retain an un-redacted version of the filed document during the pendency of the case and any related appellate proceedings filed within three years of the date the judgment is signed.
Sensitive Data Includes:
- Bank account numbers, credit card numbers, financial account numbers.
- Birthdate, home address, personal phone number and name of any minor unless, under Texas Family Code Section 54.02, a juvenile court has waived its exclusive jurisdiction and transferred the individual to a district court.
- DL, SSN, passport number, tax ID number, and government issued ID number.
If filings should be submitted in paper or electronic format with any of the numbers, dates, names or addresses specified in this rule they will be returned for correction within seventy two hours to return to retain original filing date. Documents containing sensitive data may be filed with a court when the data's inclusion is specifically required by a statute, court rule, or administrative regulation, or when the data is exempt from redaction under Texas Rule of Appellate Procedure 9.10. If the document is in paper format and has any of this sensitive information in the filing, the following statement must be included on the upper left hand side of the first page of the document, "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA."
Sealed documents - Filer must bring into the court the motion and order to seal along with the document that needs to be sealed. Filer will present the paper documents to the judge for ruling. If the judge signs the order, the judge will hand the motion/order and document to the court clerk for processing.
- Stand-alone documents not submitted as a separate PDF (exception: a motion and an order can be filed together as one document.)
- Document is sealed.
- Duplicate new case filing - the filing requesting a new case duplicates an existing case.
- Illegible/Unreadable document.
- Filer requested return of document.
- By judge's request or order to return document.
- Name, case number and/or court do not match Case Detail.
- Missing name, signature and email address of filer.
- Submitting a locked document.
- Documents submitted upside down or rotated left or right.
- Not submitting a text searchable PDF document.
- Documents received with multiple cases, same defendant assigned to different courts.
- Business Records affidavit that references an attached CD. Paper documents must be submitted through the state portal. If the CD is audio, then the business records should reflect where the CD is housed and not reference that it is attached to the affidavit.
Contact Information: In the signature block, filers must include their contact information, including name, address, phone number and email address. Documents without signatures will be returned to filers.
Duplicate filings: The district Clerk's staff is not responsible for determining if a filing is a duplicate or deducing the intent of the filer. Unless the attorney contacts the DCO to ask for cancellation of the filing before the DCO accepts it, it will go into the system. If there is cost involved, refunds are not guaranteed.
No attorney signature: Signatures must be entered in accordance with the Supreme Court order. Files without the proper signature will be returned.
Incorrect filing code: Filers can limit their options by entering the wrong code. In addition, codes may determine fees. A wrong code may lead to overbilling or under billing. For example, if you enter "Petition for Non-Disclosure" instead of "Occupational License," the fees are different. If the District Clerk's Office cannot make the change, the file will be returned to the filer.
Incorrect agency or jurisdiction: Both the Harris County District Clerk's Office and Harris County Clerk's Office are subject to the Supreme Court mandate on e-filing. But the offices operate independently and cannot accept filings slated for the other office. If you file documents with the District Clerk's Office that must be filed at the Harris County Clerk's Office, the files will be returned. If you file them in the wrong county, they also will be returned.
Insufficient payment: If your credit or debit card is rejected due to insufficient funds, the District Clerk's Office will return the file and request that you use another card or form of payment.
Missing information pertinent to the filing: Files lacking key information will be returned.
Unreadable or illegible documents: Such files will be returned.
Rejections requested by filing party: Please give your name when you ask the District Clerk's Office to reject a file. Names are needed so the DCO can send rejections to the right parties.
Documents not separate: Filers may submit multiple documents in the same envelope as long as they are related to a single filing or case. But such documents must be separated within an envelope and cannot be grouped together in a large document. So within an envelope, filers may send, for instance, a lead document and motions, an order, correspondence and exhibits that are related to the lead document. But all these items must be sent as separate documents within the envelope. The envelope will be returned if the documents are not separated.
No encryption, password protection: Documents may not contain security or feature restrictions, such as password protection and encryption, and may not contain embedded multimedia video, audio, or programming. The District Clerk's Office will return documents with such restrictions and embedded elements to filers.
Sealed files: If an order has been issued sealing a file a filer cannot file their document electronically. A person trying to file documents will need to bring them to the District Clerk's Office for processing. These documents cannot be filed electronically and will be returned.
No viruses, malware: An e-filed document must not contain a virus or malware. By e-filing a document, filers are in effect certifying that they have checked and made certain that documents have no viruses and malware. Corrupt files will be returned to filers.
Those filings not following these filing instructions will be returned for correction. Questions, contact us at CriminaleFiling@hcdistrictclerk.com. Any filings returned for correction and resubmitted within 72 hours of the original filing will receive the original file date. Filings received after 72 hours will receive a new filing date, pursuant to rule 2.6 of the Statewide Rules Governing Electronic Filing in Criminal Cases.
Now that we have begun this transformation, we would greatly appreciate your feedback. If you have questions, comments or issues we need to resolve about your filings we encourage you to contact us at eFiling@hcdistrictclerk.com. We will be screening the inbox daily. Please send your name, phone number, case number, envelope box number and/or party names and a brief description of the problem. We are in this together and we want to work with you to get these issues resolved as soon as possible.