Smith County, TX
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The County Clerk serves as the Clerk of the Court for the Civil County Courts at Law. The Clerk’s responsibilities include receiving the filings for cases, preparing notices and citations, and maintaining records associated with the cases filed before these courts.
Civil cases usually deal with disputes between parties. A civil case can be defined as a personal action instituted by one party (the plaintiff) to require payment or the performance of an act by the other party (the defendant).
Smith County has three civil courts that primarily hear civil cases in which the amount in controversy is between $500.00 and $250,000.00. The Civil County Courts at Law also hear appeals from Justice of the Peace Courts, Municipal Courts, and State Agency administrative hearings.
If you have matters before the Civil Courts, you may find it useful to review the Texas Rules of Civil Procedure.
Please do not ask the Clerks for legal advice. It is unauthorized practice of law per Government Code Sec. 81.101. Clerks cannot give advice or the rendering of any service requiring the use of legal skill or knowledge, such as preparing an instrument. Any legal questions you may have concerning your document/case should be directed toward an attorney.
Note: All Civil, Criminal, and Probate Records are part of the Judiciary.
Section 552.003(1)(B)(i) of the Government Code excludes the judiciary from the Public Information Act. Section 552.0035 of the Government Code specifically provides that access to judicial records is governed by rules adopted by the Supreme Court of Texas or by other applicable laws and rules.”
Indexes are available on-line, but images are available only at the County Clerk's office Monday - Friday from 8am - 5pm.
Please contact our Civil Deputy Clerks to request copies of documents via email at cc-civil@smith-county.com.
E-FILE
Local e-filing rules for Civil cases:
The Supreme Court of Texas has mandated that all attorneys file court documents electronically in the ten most populous counties (including Smith County) beginning January 1, 2014.
As a result of this mandate, except in juvenile cases, attorneys are now required to electronically file (e-file) documents in Civil or Probate cases in all Texas Counties. Unrepresented (pro se) parties and case participants who are not attorneys may e-file but are not required to do so.
FORMS
Non-Disclosure Forms and Information
Statement of Inability to Afford Court Costs