Q: i lost a no evidence motion for summary judgement due to technical issues by filing reponce an hour before hearing
I motion to reconsider on feb 5 i need to hire an attorney that can help me with this issue or am i sos ? this is the motion what else should i do? The first issue is the timeliness of the filing. The plaintiff had issues with the electronic filing service which is why the filing was late. Texas Courts have held that, when there was no intentional misconduct when committing the electronic service error and there is no undue prejudice from forgiving the mistake, the trial courts abuse their discretion when striking a summary judgment response. See Tex. Dep't of Aging & Disability Servs. v. Mersch, 418 S.W.3d 736 (Тех. App. 2013). Texas law allows for errors with electronic service that are not the fault of the filing party. The hearing was scheduled to be on November 20th, 2024. All day and night on November 12h, 2024 leading to the 14th the plaintiff was attempting to get his response filed. (Exhibits A-F) The plaintiff kept receiving error messages and throughout the week attempted
A:
The "filing" issue can be effectively addressed by a reasonably experienced and competent attorney as long as you can show that your response and any accompanying admissible evidence was SERVED on the moving party at least seven days before the hearing.
Even when an e-filing is rejected by the clerk, the document will be e-served on all of the parties selected for service by the filing party and will be reflected on the certificate of service.
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