When a filing is rejected after the filing deadline it is important to differentiate whether:
- The filing was Rejected by the clerk or
- The filing was Returned for Correction.
The reason to determine this is because you will handle each of the above scenarios differently. The notification email you receive from eFileManager will specify whether the filing was rejected or returned to you for correction.
If the filing was Failed by eFileManager you will need to refile the document(s) and seek relief from the court to accept the second filing as if submitted on the date of the initial rejected filing. Because the submission was Failed by eFileManager before it got to the clerk, it is not yet officially filed.
However, if the filing was returned for correction, you will refile in FileTime using this procedure:
- Login at www.filetime.com
- Click the Submit Filing(s) button.
- On the Case Information page select the Returned for Correction Filing option..
- On the Returned for Correction Filings page, click the Select button for the filing you need to resubmit.
- Resubmit the filing with the corrections the clerk has specified to you.
Depending on the clerk's office, the file stamp on the resubmitted document may, or may not, be backdated to the date and time of the initial filing. This seems to be a matter of clerk policy.
However, even if the file stamp is not back-dated, the TRCP and TRAP both require the court to accept the subsequent filing as if submitted at the time and date of the initial submission.