In Re State

A recurring problem that we have had to address is the proper disposition of original proceedings which have been provisionally filed. This issue applies only to those original proceedings which fail to comply with the rule regarding proof of service which is a prerequisite to a properly filed document, which the clerk may elect to waive at the time the document is presented for filing and have promptly corrected thereafter. Tex.R.App. P. 9.5(d).1 We have established a procedure whereby the clerk upon accepting and filing the defective document, notifies the petitioner of the defect and the…