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Texas Code of Criminal Procedure - CRIM P Art. § 2A.153. General Duties of Clerks

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of article effective January 1, 2025 >

(a) In this article, “digital multimedia evidence” means evidence stored or transmitted in a binary form and includes data representing documents, audio, video metadata, and any other information attached to a digital file.

(b) In a criminal proceeding, the clerk of a district or county court shall:

(1) receive and file all papers;

(2) receive all exhibits at the conclusion of the proceeding;

(3) issue all process;

(4) accept and file electronic documents received from the defendant, if the clerk accepts electronic documents from an attorney representing the state;

(5) accept and file digital multimedia evidence received from the defendant, if the clerk accepts digital multimedia evidence from an attorney representing the state; and

(6) perform all other duties imposed on the clerk by law.

(c) A district clerk is exempt from the requirements of Subsections (b)(4) and (5) if the electronic filing system used by the clerk for accepting electronic documents or electronic digital media from an attorney representing the state does not have the capability of accepting electronic filings from a defendant and the system was established or procured before June 1, 2009. The exemption provided by this subsection no longer applies to an electronic filing system described by this subsection that is substantially upgraded or is replaced with a new system.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 2A.153. General Duties of Clerks - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-2a-153/

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