Collin County District Courts Document Filing Requirements

Applies to

Motion or hearing

A party proceeding with a motion or hearing without the opposing side present must file proof of notice or offer it as an exhibit to the court reporter.

If you want to go forward on a motion/hearing without the other side present, you must tender proof of notice to the court either by filing your proof of notice or by offering it as an exhibit for the court reporter.

Applies to

Jury trial discovery control plan and scheduling order

A Jury Trial Discovery Control Plan and Scheduling Order must be completed and signed when a jury trial is set.

A Jury Trial Discovery Control Plan and Scheduling Order (available on the court website) must be completed and signed when the trial is set.

Applies to

Proposed property division

A request for property division must include a proposed property division listing all assets and debts.

If you are asking the Court to divide property, you must provide a proposed property division which lists all assets and debts.

Applies to

Financial information statement

A request for spousal support or division of expenses must include a financial information statement listing income and expenses.

If you are asking the Court to order spousal support or divide expenses, you must provide a financial information statement listing income and expenses.

Applies to

Motion to withdraw

A motion to withdraw may be granted without a hearing if it includes a client consent certificate or a certificate from another lawyer confirming retention to represent the client.

A motion to withdraw may be granted without a hearing under the following circumstances: (1) the motion is accompanied by a certificate by the client attesting to the client’s consent to the withdrawal or a certificate by another lawyer attesting that the lawyer has been retained to represent the client in the case;

Applies to

Temporary order

The court may sign a temporary order without a hearing if the order includes a letter notifying the opposing counsel or party of the right to object within ten days of mailing.

Temporary Orders may be signed by the Court without the necessity of a hearing under the following circumstances: (1) The order is accompanied by a letter that notifies the opposing counsel/party of their right to object to the order within ten days of the date that the letter was mailed;

Applies to

Exhibit list

A complete exhibit list must be produced at the formal pre-trial conference.

1. Produce a complete exhibit list at your formal pre-trial conference and exchange with opposing counsel prior to pre-trial.

Applies to

Deposition transcript

When a deposition is played by video, a hard copy of the transcript containing only the excerpts played must be presented to the court reporter for exhibit marking.

4. If playing depositions by video, a hard copy of the deposition transcript that includes only those excerpts played and a copy of the DVD that will be played for the jury must be presented to the court reporter to be marked as an exhibit (for record purposes only).

Applies to

Deposition exhibit

The deposition transcript excerpt and DVD copy must be ready and turned over to the court reporter at the beginning of trial.

Please have these ready and turned over to the court reporter at the beginning of trial.

Applies to

Proposed jury charges

Parties must email proposed jury charges in editable Word format to the court coordinator for the pretrial conference.

Proposed jury charges (instructions, definitions, and questions) emailed in editable Word format to the court coordinator.

Applies to

Proposed scheduling order

If an opposing counsel or party will not sign the order or agree to a trial date, a party must file a letter describing its efforts and submit a proposed scheduling order to the court.

If you cannot get an opposing counsel or party to sign this order or agree to a trial date, please file a letter describing your efforts and submit your proposed scheduling order to the court

Applies to

Witness and exhibit lists

Each party must produce completed witness lists and exhibit lists at the pretrial conference.

Completed witness lists and exhibit lists.

Applies to

Exhibits

All exhibits must be present and pre-marked for identification at the pretrial conference.

All exhibits present and pre-marked for identification (for the purpose of stipulating to the authenticity and admissibility of exhibits).

Applies to

Trial summary

For causes of action outside the Family Code, the trial summary must include each element of each cause of action and defense and, when appropriate, the legal standard for measuring damages.

A trial summary for any cause of action outside the Family Code, including each element of each cause of action and defense and, if appropriate, a precise legal standard for measure of damages.

Applies to

Letter

A letter describing the efforts to obtain an opposing signature or agreement on a trial date must be filed when those efforts do not succeed.

please file a letter describing your efforts

Applies to

Sworn inventory

In divorce cases, each party must serve the other party within 30 days of the order with a sworn inventory describing and valuing all property and listing all debts and creditors.

Sworn Inventory: For Divorce cases, each party shall serve the other party within 30 days of this Order with a sworn inventory setting forth a description and value of all property (real or personal; community, separate, and mixed) owned or claimed by the parties and a list of all debts (stating the creditor and amount) owed by the parties

Applies to

Testifying expert disclosure

The party seeking affirmative relief and each other party must provide testifying expert disclosures by the specified dates in compliance with Rule 195.

Testimony expert disclosures: the party seeking affirmative relief on an issue shall provide testifying expert disclosures by (date certain in compliance with Rule 195) __________________ each other party shall provide testifying expert disclosures by ____________________________

Applies to

Testifying expert disclosure

An expert must be properly disclosed with all information required by the rules or the expert will not be permitted to testify.

Any expert not properly disclosed will not be permitted to testify. A testifying expert disclosure must include all information required by the rules.

Applies to

Proposed property division

A proposed property division labeled Exhibit 0 must be provided to the court at the beginning of trial and must list all assets and liabilities by character.

A Proposed Property Division labeled as Exhibit 0 shall be provided to the Court at the beginning of trial which lists all assets and liabilities, whether community, separate, or mixed character.

Applies to

Testifying expert disclosure

Each testifying expert disclosure must include all information required by the applicable rules.

A testifying expert disclosure must include all information required by the rules.

Applies to

Pretrial disclosures

Required pretrial disclosures must be exchanged among the parties and filed with the court by the specified date in compliance with Rule 194.4.

Required pretrial disclosures must be exchanged and filed with the Court by (date certain in compliance with Rule 194.4): _____________________________________________________

Applies to

Jury instructions

Each party must provide proposed jury instructions, definitions, and questions in hard copy and editable Word format to the court coordinator.

Proposed jury charges (instructions, definitions, and questions) in hard copy and emailed in editable Word format to the court coordinator.

Applies to

Pretrial witness and exhibit lists

Each party must produce completed witness lists and exhibit lists at the formal pre-trial conference.

Completed witness lists and exhibit lists.

Applies to

Deposition designation

Each party must designate at the formal pre-trial conference any deposition testimony it intends to offer.

Designation of any deposition testimony to be offered.

Applies to

Exhibits

Each party must produce all exhibits to the court reporter and pre-mark them for identification at the formal pre-trial conference.

All exhibits produced to court reporter and pre-marked for identification (for the purpose of stipulating to the authenticity and admissibility of exhibits).

Applies to

Joint trial summary

For causes of action outside the Family Code, the parties must provide a joint trial summary containing each cause-of-action and defense element and, when appropriate, the precise legal damages standard.

A JOINT trial summary for any cause of action outside the Family Code, including each element of each cause of action and defense and, if appropriate, a precise legal standard for measure of damages.

Applies to

Discovery motion

Must include

certificate of conference

Every discovery motion or request for a hearing relating to discovery must include a certificate of conference.

**Per Rule 191.2, all discovery motions or requests for hearing relating to discovery must Date: contain a certificate of conference**

Applies to

Discovery motion or hearing request

Must include

certificate of conference

Every discovery motion or request for a discovery hearing must include a certificate of conference.

**Per Rule 191.2, all discovery motions or requests for hearing relating to discovery must contain a certificate of conference**

Applies to

Proposed property division

A party's requested property division must be provided to the court at trial and must state the division of all assets and liabilities by characterization.

 A Proposed Property Division shall be provided to the Court at trial stating a party’s requested division of all assets and liabilities, whether community, separate, or mixed character.

Applies to

Scheduling order

Must include

proposed order

If opposing counsel or a party will not sign the order or agree to a trial date, a party must file a letter describing its efforts and submit a proposed scheduling order to the court.

If you cannot get an opposing counsel or party to sign this order or agree to a trial date, please file a letter describing your efforts and submit your proposed scheduling order to the court

Applies to

Sworn inventory

In divorce cases, each party must serve a sworn inventory on the other party within 30 days of the order, identifying and valuing all property and listing all debts with creditors and amounts.

For Divorce cases, each party shall serve the other party within 30 days of this order with a sworn inventory setting forth a description, identification of characterization (community; separate; mixed) and value of all property (real or personal) owned or claimed by the parties and a list of all debts (stating the creditor and amount) owed by the parties.

Applies to

Proposed property division

At trial, each party must provide the court with a proposed property division stating the requested division of all assets and liabilities by characterization.

A Proposed Property Division shall be provided to the Court at trial stating a party’s requested division of all assets and liabilities, whether community, separate, or mixed character.

Applies to

Child interview request

A requested child interview must be included in the pretrial scheduling order or docketed in advance, and same-day requests will not be considered.

If a child interview is requested in the pleadings, it must be listed in your pre-trial scheduling order or docketed on the court’s docket in advance. Requests made on the day of trial will not be considered.

Applies to

Default judgment checklist

A completed Default Judgment checklist must be filed with the court before a hearing to finalize a default judgment can be scheduled.

Before you can schedule a hearing to finalize a default judgment, you must complete the Default Judgment checklist (located at https://www.collincountytx.gov/Courts/District-Courts/470dc) and file it with the court.

Applies to

Certificate of ex parte relief

Must include

local rule certificate

A pleading requesting ex parte relief must include a Certificate of Ex Parte Relief confirming compliance with Collin County Local Rule 3.4.

Please attach a Certificate of Ex Parte Relief to your pleading which indicates that the party or attorney has complied with Collin County Local Rule 3.4.

Applies to

Health insurance pleading or statement

In every case involving children, the parties must file a pleading or statement describing the children's health insurance.

In every case involving children, the parties must file a pleading or statement describing the children’s health insurance.

Applies to

Notice of court proceeding

For a motion set for hearing by submission, the movant must submit a Notice of Court Proceeding.

For any motion set for hearing by submission, the movant shall submit a Notice of Court Proceeding.

Applies to

Scheduling order

A scheduling order must identify the mediator by name.

Scheduling orders without a mediator’s name will be rejected.

Applies to

Motion to compel

Must include

certificate of conference

A motion-to-compel conference certification must state the date of the attorneys’ attempted resolution phone call and is separate from any deficiency letter.

The Conference Requirement certification for a motion to compel must include the date of a phone call between the two attorneys made in an effort to resolve the dispute, which is in addition to any deficiency letter which may have been sent.

Applies to

Summary judgment motion

A proposed order should not be filed with a summary-judgment motion until the court issues its ruling.

Please do not file any proposed order on the motion until you receive a ruling.

Applies to

Order

The Court will not sign an order granting child possession solely by agreement; the non-primary or possessory conservator must have a set possession schedule.

The Court will not sign any order where possession of a child or children is solely by agreement of the parties. The non-primary or possessory conservator must have a set possession schedule.

Applies to

Proposed property division

A request for property division must include a proposed division identifying every asset and debt and its value.

If you are asking the Court to divide property, you must provide a proposed property division which lists all assets and debts and their values.

Applies to

Proposed property division

A party who does not bring a proposed property division to trial must complete one before the trial begins.

If you do not bring a proposed property division with you on the date of your trial, you will be required to fill one out prior to trial.

Applies to

Pleading

All pleadings must redact sensitive data, use each child’s initials, and avoid a sensitive-data marking as a substitute for redaction.

You must redact the sensitive data and use initials for each child’s name in all pleadings. Do not mark filings as containing sensitive data– it is not a substitute for redacting.

Applies to

Petition

Parent-child and divorce petitions involving children must state the child’s name and birth date and are the only filings that may contain that information and bear the sensitive-data notice.

Tex. Fam. Code § 102.008(b)(2) requires a child’s name and date of birth to be included in a petition in a suit affecting the parent-child relationship or a divorce petition involving children. These are the only filings that should contain a child’s name or birth date. Since the inclusion of unredacted sensitive data is required, these petitions are the only filings that should be marked “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.”

Applies to

Other filing

Filings other than the qualifying petitions must not contain unredacted sensitive data and must not be marked as containing sensitive data.

All other filings should not contain unredacted sensitive data and should not be marked CONTAINS SENSITIVE DATA.

Applies to

Notice of court proceeding

A completed notice of court proceeding with the date must be e-filed before the coordinator will add the case to the court’s calendar.

Please e-file a notice of court proceeding with the date filled in. The coordinator does not add the case to the Court’s calendar until a completed notice of court proceeding is submitted.

Applies to

Scheduling order

When setting a trial, the court’s Scheduling Order must be e-filed with the trial date and mediation details completed.

Please e-file the Court’s form Scheduling Order with the trial date and mediation details filled in.

Applies to

Jury trial discovery control plan

A Jury Trial Discovery Control Plan must be completed and signed when the jury trial is set.

A Jury Trial Discovery Control Plan and Scheduling Order must be completed and signed when the trial is set.

Applies to

Testifying expert disclosure

Undisclosed experts cannot testify, and testifying-expert disclosures must include all information required by the rules.

Any expert not properly disclosed will not be permitted to testify. A testifying expert disclosure must include all information required by the rules.

Applies to

Exhibit identification

Before the pretrial conference, only an exhibit identification should be filed, not the trial exhibits themselves.

Only file an identification of your exhibits. Do not file your trial exhibits.

Applies to

Pretrial conference submissions

Each party must produce specified materials at the pretrial conference.

Each party must produce the following at the pre-trial conference:

Applies to

Pretrial conference submissions

Completed witness lists and exhibit lists must be produced at the pretrial conference.

Completed witness lists and exhibit lists.

Applies to

Exhibits

All exhibits must be present and pre-marked for identification at the pretrial conference.

All exhibits present and pre-marked for identification (for the purpose of stipulating to the authenticity and admissibility of exhibits).

Applies to

Trial summary

For causes of action outside the Family Code, a trial summary must address each element of each claim and defense and, if appropriate, the legal damages standard.

A trial summary for any cause of action outside the Family Code, including each element of each cause of action and defense and, if appropriate, a precise legal standard for measure of damages.

Applies to

Discovery motion

Must include

certificate of conference

Every discovery motion or request for a discovery-related hearing must include a certificate of conference.

**Per Rule 191.2, all discovery motions or requests for hearing relating to discovery must Date: contain a certificate of conference**

Applies to

Discovery motion

Must include

certificate of conference

Every discovery motion or discovery-related hearing request must include a certificate of conference.

**Per Rule 191.2, all discovery motions or requests for hearing relating to discovery must contain a certificate of conference**

Applies to

Discovery motion or hearing request

Must include

certificate of conference

Every discovery motion or request for a discovery hearing must include a certificate of conference.

**Per Rule 191.2, all discovery motions or requests for hearing relating to discovery must contain a certificate of conference

Applies to

Discovery motion

Must include

certificate of conference

All discovery motions and requests for a discovery hearing must include a certificate of conference.

**Per Rule 191.2, all discovery motions or requests for hearing relating to discovery must Date: contain a certificate of conference**

Applies to

Testifying expert disclosure

A testifying expert disclosure must contain all information required by the rules, and an improperly disclosed expert may not testify.

Any expert not properly disclosed will not be permitted to testify. A testifying expert disclosure must include all information required by the rules.

Applies to

Sworn inventory

The sworn inventory must describe and value all owned or claimed property and list all debts, including each creditor and amount owed.

Sworn Inventory: For Divorce cases, each party shall serve the other party within 30 days of this Order with a sworn inventory setting forth a description and value of all property (real or personal; community, separate, and mixed) owned or claimed by the parties and a list of all debts (stating the creditor and amount) owed by the parties

Applies to

Proposed jury questions instructions

The proposed jury questions and instructions must be titled as specified, prepared in Microsoft Word, and emailed to the Court Coordinator by the date of the formal pretrial conference.

The pleading should be named “[Name of Party]’s Proposed Jury Questions and Instructions” in Microsoft Word format and emailed to the Court Coordinator by the date of the Formal Pre-trial Conference.

Applies to

Discovery motion

Unless a confidentiality agreement or order prohibits it, discovery motions must quote the disputed requests and answers verbatim and attach the discovery materials at issue.

Unless prohibited by a confidentiality agreement or order, please state verbatim the request(s) and answer(s) in the body of your motion and attach a copy of the discovery request(s) and response(s) at issue.

Applies to

Discovery motion

Must include

proposed order

Both movants and respondents must always submit a proposed discovery order.

Always submit a proposed order whether you are the movant or respondent.

Applies to

Default judgment motion

A default-judgment motion must explain the damages calculation and provide supporting evidence.

When proving damages in a motion for default judgment, show the Court how you calculated the damage figure and provide evidence to support your calculation.

Applies to

Substituted service motion

A Rule 106 substituted-service motion must include a detailed affidavit describing verification efforts, at least three service attempts, people present and statements made, vehicle owners, or other indicia of residence.

All motions for substituted service under Rule 106 must be accompanied by an affidavit that describes the efforts taken to verify that the defendant actually lives or works at the subject address, at least three attempts of service at different times of day with the specific dates and times, the identity of person(s) present at the subject address and what was said, the identity of the owners of any cars in the driveway, or other indications that the defendant resides at the subject address.

Applies to

Substituted service motion

Must include

proposed order

Every Rule 106 substituted-service motion must be filed with a proposed order.

All Rule 106 motions must be filed with a proposed order.

Applies to

Severance motion

A severance motion must state the basis for severance and be set for either submission or an oral hearing.

The motion for severance must be set either by submission or oral hearing and state the basis for the severance.

Applies to

Severance order

A severance order must identify the case style and number, severed-case parties, whether the case is disposed of or remains active, and the party paying severance costs.

The order of severance must include the following information: • Style of the case • Case number, i.e., 219-________ • Parties to be included in the severed case • Whether the severed order disposes of the severed case or if the case shall remain active • Party paying for cost of the severance

Applies to

Deposition testimony

Before trial, deposition testimony must be officially transcribed, and any video excerpts to be presented must be submitted to the court reporter in MP3 format.

Before trial begins, any deposition or video that will be presented during the trial will need to be submitted to the court reporter already officially transcribed, or if video excerpts are used, the video excerpts in MP3 format will need to be submitted to the Court Reporter.

Applies to

Writ or motion

Defense counsel must file a writ or motion before requesting a criminal hearing.

Defense counsel must file a Writ or Motion before requesting a hearing.

Applies to

Pretrial materials

At the pretrial conference, each party must provide proposed jury charges in jury cases, completed witness and exhibit lists, premarked exhibits, and designations of deposition testimony for direct examination.

Each party is directed to produce the following at the pre-trial conference: 1) For a jury case, proposed jury charges (instructions, definitions, and questions) in hard copy and emailed in editable Word format to the Court Coordinator. 2) Completed witness lists and exhibit lists. 3) All exhibits must be produced to the court reporter pre-marked for identification (for the purpose of stipulating to the authenticity and admissibility of exhibits). 4) Designation of deposition testimony to be offered in direct examination.

Applies to

Discovery motion

Must include

certificate of conference

Every discovery motion or request for a discovery-related hearing must contain a certificate of conference.

**Per Rule 191.2, all discovery motions or requests for hearing relating to discovery must Date: contain a certificate of conference**

Applies to

Discovery motion

Must include

certificate of conference

Every discovery motion or request for a discovery-related hearing must contain a certificate of conference.

Per Rule 191.2, all discovery motions or requests for hearing relating to discovery must contain a certificate of conference

Applies to

Pretrial conference submission

Each party must produce the listed materials at the formal pre-trial conference.

Each party is directed to produce the following at the pre-trial conference:

Applies to

Proposed jury charges

Each party must email proposed jury charges in editable Word format to the Court Coordinator at the pre-trial conference.

a. Proposed jury charges (instructions, definitions, and questions) emailed in editable Word format to the Court Coordinator.

Applies to

Pretrial conference submission

Each party must produce completed witness lists and exhibit lists at the pre-trial conference.

b. Completed witness lists and exhibit lists.

Applies to

Exhibits

All exhibits must be pre-marked for identification before the pre-trial conference.

c. All exhibits must be pre-marked for identification (for the purpose of stipulating to the authenticity and admissibility of exhibits).

Applies to

Certificate of compliance

Each party's counsel must file a Certificate of Compliance confirming that the gag order was served on all Covered Persons.

Within seven (7) days of this Order, counsel for each party shall serve a copy on all Covered Persons and file a Certificate of Compliance confirming notice.

Applies to

Proposed jury charges

Each party must email proposed jury instructions, definitions, and questions to the court coordinator at the pretrial conference.

Proposed jury charges (instructions, definitions, and questions) emailed in editable Word format to the court coordinator.

Applies to

Witness list

Each party must produce completed witness lists at the pretrial conference.

Completed witness lists and exhibit lists.

Applies to

Pre marked exhibits

Each party must pre-mark all exhibits for identification, preferably using descriptive party-specific labels.

All exhibits pre-marked for identification (for the purpose of stipulating to the authenticity and admissibility of exhibits). The Court prefers descriptive marking, for example “H-1” for husband’s exhibits or “M-1” for mother’s exhibits, as appropriate.

Applies to

Trial summary

Each party must provide a concise trial summary stating each cause of action, its elements, applicable defenses, and an appropriate precise damages standard.

A concise trial summary: State each separate cause of action including each element of each cause of action and/or defense; and, if appropriate, a precise legal standard for measure of damages.

Must include

certificate of service

Filers must provide a certificate of service that complies with all applicable rules.

Filers must still provide a certificate of service that complies with all applicable rules.

Applies to

Pretrial disclosure

Parties must make pretrial disclosures at least 30 days before trial under Rule 194.4.

Parties are required to comply with Rule 194.4 (pretrial disclosures must be made at least 30 days before trial).

Applies to

Pretrial exchange

The parties must exchange the listed pretrial materials no later than 14 days before trial and confer about them before the pretrial date.

Parties are further required to Time: _____ a.m. exchange (not later than 14 days before trial) and confer (before the date of pretrial) regarding all materials stated in Rule 166(e)-(m), including specifically, proposed jury charges, witness lists (including any agreements on necessity for/issuance of subpoenas), Date for exchange: exhibits lists (including conference on exhibits to be pre-admitted and exchange of demonstrative aids), and also designation of deposition testimony, and motions in limine.

Applies to

Pretrial motion

All pretrial motions must be filed at least 10 days before the formal pretrial conference and are heard at that conference.

All pre-trial motions (motions in limine, etc.) shall be filed at least 10 days before the formal pre-trial conference and will be heard at the formal pre-trial conference.

Applies to

Jury charges

In a jury case, proposed jury charges must be provided to the Court Coordinator in hard copy and by email in editable Word format on the day of trial.

For a jury case, proposed jury charges (instructions, definitions, and questions) in hard copy and emailed in editable Word format to the Court Coordinator on the day of trial.

Applies to

Pretrial submission

Each party must produce completed witness lists and exhibit lists at the pretrial conference.

Completed witness lists and exhibit lists.

Applies to

Exhibits

All exhibits must be pre-marked for identification and produced to the court reporter at the pretrial conference.

All exhibits must be produced to the court reporter pre-marked for identification (for the purpose of stipulating to the authenticity and admissibility of exhibits).

Applies to

Deposition testimony designation

Each party must produce the designation of deposition testimony offered in direct examination at the pretrial conference.

Designation of deposition testimony to be offered in direct examination.

Applies to

Discovery motion

Must include

certificate of conference

Every discovery motion or request for a discovery hearing must include a certificate of conference under Rule 191.2.

**Per Rule 191.2, all discovery motions or requests for hearing relating to discovery must Date: contain a certificate of conference**

Applies to

Discovery motion

Must include

certificate of conference

Every discovery motion or discovery-related request for hearing must include a certificate of conference.

**Per Rule 191.2, all discovery motions or requests for hearing relating to discovery must contain a certificate of conference

Applies to

Default judgment

A completed Default Judgment Checklist must be filed with the court before scheduling a hearing to finalize a default judgment.

Before you can schedule a hearing to finalize a default judgment, you must complete the Default Judgment Checklist on the 494th District Court’s website and file it with the Court.

Applies to

Affidavit for prove up of agreed divorce

At least one party must complete and file a notarized Affidavit for Prove-up of Agreed Divorce with the District Clerk.

At least one of the parties has completed the Affidavit for Prove-up of Agreed Divorce and filed the notarized document with the District Clerk;

Applies to

Agreed divorce decree

An agreed divorce decree must be signed by every party and attorney involved in the case.

There is an agreed decree signed by every party and attorney involved in the case;

Applies to

Agreed divorce decree

The agreed divorce decree's Appearances section must state that the parties did not appear in person and that the record was waived.

The Appearances section of the decree indicates that the parties “did not appear” in person and that the making of a “record was waived”.

Applies to

Proposed order

Must include

proposed order

For an adoption or name-change case, the requesting party must set a prove-up hearing and electronically file a proposed order before the hearing.

All adoptions and requests for name changes must be set by you for a prove- up hearing with the Court. You must have a proposed order e-Filed prior to your hearing date.

Applies to

Proposed order

Must include

proposed order

For an adult name change, the Court must not be contacted to set a final hearing until the proposed order has been electronically filed and the Certificate of Criminal History Record Information is on file with the District Clerk.

Please do not contact the Court to set a final hearing until you have e-Filed a proposed Order and you have verified that the Certificate of Criminal History Record Information has been completed in your case and is on file with the District Clerk.

Applies to

Adult name change petition

An adult name-change petition must be verified and include a legible, complete set of the petitioner's fingerprints on an acceptable fingerprint card.

Texas Family Code §45.102(6) requires that a petition to change the name of an adult be verified and include “a legible and complete set of the petitioner’s fingerprints on a fingerprint card format acceptable to the Department of Public Safety and the Federal Bureau of Investigation.”

Applies to

Discovery motion

Must include

certificate of conference

Every discovery motion or request for a discovery hearing must include a certificate of conference.

**Per Rule 191.2, all discovery motions or requests for hearing relating to discovery must contain a certificate of conference.

Applies to

Documents required under discovery control plan or scheduling order

At the formal pretrial conference, parties must produce the documents required by the court’s discovery control plan or scheduling order.

Parties must produce documents required under the Court’s Discovery Control Plan/Scheduling Order at the Formal Pretrial Conference.

Applies to

Discovery motion

Must include

certificate of conference

Every discovery motion and every request for a discovery-related hearing must include a certificate of conference.

**Per Rule 191.2, all discovery motions or requests for hearing related to discovery must contain a certificate of conference.**

Applies to

Agreed order

An agreed criminal order must be signed by both the State and defendant before being presented to the court.

Any agreed order must contain both the State and defendant’s signatures before presentation to the Court.

Applies to

Discovery control plan

Parties must use the court-provided Discovery Control Plan forms.

Parties must use the Discovery Control Plan forms provided by the 401 st District Court.

Applies to

Discovery control plan

A party may not modify the court’s Discovery Control Plan without first obtaining leave of court.

Parties may not modify any 401st District Court Discovery Control Plan without prior leave of Court.

Applies to

Agreed order

Every agreed order must be signed as to form before it is electronically filed with the court.

Agreed Orders in any cause must be signed as to form before e-filing with the Court.

Applies to

Summary of requested relief

Each represented or unrepresented party must provide a written summary of requested relief at all temporary-order and final hearings.

At all temporary orders and final hearings, each party, whether represented or not, shall provide the Court with your written summary of requested relief.

Applies to

Affidavit of indigence

A located and qualifying alleged father may be reappointed after filing an affidavit of indigence; otherwise, appointed counsel must submit the required report and will be discharged.

If the alleged father is located, files an affidavit of indigence, and qualifies, the attorney will be reappointed to represent him. Otherwise the attorney must submit the report required by 107.0132(d) and be discharged.

Applies to

Affidavit of indigence

A parent must submit an affidavit of indigence and qualify for appointed counsel before the adversary hearing for the attorney to remain in the case.

The parent must submit his/her affidavit of indigence and be found eligible for court appointed counsel, prior to the adversary hearing, for the appointed attorney to remain in the case.

Applies to

Trial summary

Each party must produce a concise trial summary stating the causes of action or defenses, their elements, and any applicable damages standard.

A concise trial summary as follows: State each separate cause of action and/or defense; each element of each cause of action and/or defense; if appropriate, a precise legal standard for measure of damages.

Applies to

Affidavit of indigence

If the parent is located, files an affidavit of indigence, and qualifies, the attorney will be reappointed; otherwise, the attorney must submit the report required by 107.014(e) and be discharged.

If the parent is located, files an affidavit of indigence, and qualifies, the attorney will be reappointed to represent him/her. Otherwise the attorney must submit the report required by 107.014(e) and be discharged.

Applies to

Discovery control plan and scheduling order

A Discovery Control Plan and Scheduling Order must be completed and signed when a jury trial is set.

A Discovery Control Plan and Scheduling Order (available on the Court website) must be completed and signed when the trial is set.

Applies to

Proposed jury charge

A proposed jury charge must be submitted at the pre-trial hearing, and it may be sent by email in Word format with opposing counsel copied.

You are required to submit a proposed jury charge to the Court at the pre-trial hearing; this can be done by emailing the court with the proposed charge in Word format and cc’ing opposing counsel.

Applies to

Order

An agreed decree of divorce requires a filed affidavit and an order stating that no appearance or hearing occurred and that the record was waived.

For an agreed decree of divorce, you must file an affidavit (a sample is provided on the Court website) and your order must reflect that there was no appearance and no hearing before the court and the record was waived.

Applies to

Final agreed decree

All required signatures must appear on the final agreed divorce decree.

All signatures must be on the final agreed decree.

Applies to

Pretrial submission

Each party must produce all documentary evidence and exhibits at the formal pre-trial conference for authenticity and admissibility purposes.

All documentary evidence and exhibits (for the purpose of stipulating to the authenticity and admissibility of exhibits).

Applies to

Trial summary

Must include

statement of facts

Each party must provide a concise trial summary addressing the listed matters at the formal pretrial conference.

Each party is directed to produce the following at the Formal Pre-Trial Conference: 1) A concise trial summary as follows: State each separate cause of action and/or defense; each element of each cause of action and/or defense; if appropriate, a precise legal standard for measure of damages. Please be as brief and concise as possible. This summary is intended to be an aid for the Judge and staff, and should be limited to one page if possible.

Applies to

Jury charges

Each party must provide proposed jury charges to the Court Coordinator in hard copy and by computer disk or email in Word format.

Proposed jury charges in hardcopy and via computer disk and/or email in Word format to Court Coordinator.

Applies to

Exhibits

Each party must produce all documentary evidence and exhibits at the formal pretrial conference for authentication and admissibility stipulations.

All documentary evidence and exhibits (for the purpose of stipulating to the authenticity and admissibility of exhibits).

Applies to

Certificate

Must include

local rule certificate

A completed Certificate for Default Judgment checklist must be filed with the court before scheduling a hearing to finalize a default judgment.

Before you can schedule a hearing to finalize a default judgment, you must complete this Certificate for Default Judgment checklist and file it with the Court.

Applies to

Proposed order

Must include

proposed order

Adoption and name-change cases must be set for a prove-up hearing, and a proposed order must be e-filed before the hearing date.

All adoptions and requests for name changes must be set by you for a prove- up hearing with the Court. You must have a proposed order eFiled prior to your hearing date.

Applies to

Proposed order

Must include

proposed order

For adult name changes, do not contact the Court to set the final hearing until the proposed order is e-filed and the Certificate of Criminal History Record Information is verified as completed and on file with the District Clerk.

Please do not contact the Court to set a final hearing until you have eFiled a proposed Order and you have verified that the Certificate of Criminal History Record Information has been completed in your case and is on file with the District Clerk.

Applies to

Motion to withdraw

Alternatively, a withdrawal motion may proceed without a hearing if it includes a notice letter, certified-mail certification to the client’s last known address, and no objection is filed within ten days of mailing.

(2) the motion is accompanied by a letter that notifies the client of the client’s right to object to the withdrawal within ten days of the date that the letter was mailed; the withdrawing attorney certifies that the motion and letter were sent to the client’s last known address by certified mail; and no objection is filed.

Applies to

Written mediation objection

A party may be excused from mediation by filing a written objection with the court that states the reasons for requesting excusal.

Mediation is not required as long as one party files a written objection with the court stating the reasons for requesting excusal.

Applies to

Pretrial materials

Each party must produce the listed materials at the pre-trial conference.

Each party is must produce the following at the pre-trial conference:

Applies to

Proposed jury instructions

Each party must email proposed jury charges to the court coordinator in editable Word format at the pre-trial conference.

o Proposed jury charges (instructions, definitions, and questions) emailed in editable Word format to the court coordinator.

Applies to

Trial scheduling order

Every trial requires a scheduling order.

ALL TRIALS REQUIRE A SCHEDULING ORDER.

Applies to

Jury trial discovery control plan and scheduling order

A jury-trial discovery control plan and scheduling order must be completed and signed when the trial is set.

A Jury Trial Discovery Control Plan and Scheduling Order (available on the court website) must be completed and signed when the trial is set.

Applies to

Ex parte relief motion

An electronically filed ex parte motion with a proposed order requires notice to the court coordinator by telephone or email requesting action.

If you file a motion requesting ex parte relief and submit your proposed order through e-filing, please call or e-mail the court coordinator to let her know that you want action taken on the request.

Applies to

Ex parte relief motion

An ex parte e-filing request will remain in the e-filing queue without action unless the coordinator is alerted by telephone or email.

If you do not call or email the coordinator to alert her that you want the request addressed, it will just remain in the e-filing queue without action.

Applies to

Proposed property division

A request for property division must include a proposed division listing all assets and debts.

If you are asking the Court to divide property, you must provide a proposed property division which lists all assets and debts.

Applies to

Financial information statement

A request for spousal support or expense division must include a financial information statement listing income and expenses.

If you are asking the Court to order spousal support or divide expenses, you must provide a financial information statement listing income and expenses.

Applies to

Motion to withdraw

A withdrawal motion may be considered without a hearing when accompanied by a client-consent certificate or a certificate from another lawyer confirming retention.

A motion to withdraw may be granted without a hearing under the following circumstances: (1) the motion is accompanied by a certificate by the client attesting to the client’s consent to the withdrawal or a certificate by another lawyer attesting that the lawyer has been retained to represent the client in the case;

Applies to

Pretrial materials

Each party must provide completed witness and exhibit lists at the pre-trial conference.

o Completed witness lists and exhibit lists.

Applies to

Trial summary

For causes of action outside the Family Code, each party must provide a trial summary containing the specified elements, defenses, and, when appropriate, the damages standard.

o A trial summary for any cause of action outside the Family Code, including each element of each cause of action and defense and, if appropriate, a precise legal standard for measure of damages.

Applies to

Letter

If opposing counsel or a party will not sign the order or agree to a trial date, a party must file a letter describing its efforts and submit a proposed scheduling order.

If you cannot get an opposing counsel or party to sign this order or agree to a trial date, please file a letter describing your efforts and submit your proposed scheduling order to the court.

Applies to

Letter

If opposing counsel or a party will not sign the order or agree to a trial date, a letter describing the filer’s efforts must be filed.

If you cannot get an opposing counsel or party to sign this order or agree to a trial date, please file a letter describing your efforts and submit your proposed scheduling order to the court

Applies to

TRO

A TRO should request only the few items that are genuine concerns and should not substantially overlap the standing orders.

Please put only the few items of genuine concern in the TRO so that the court can tell what relief you’re actually requesting.

Applies to

Proposed jury charges

Each party must provide proposed jury charges to the court coordinator.

Proposed jury charges (instructions, definitions, and questions) emailed in editable Word format to the court coordinator.

Applies to

Witness list

Each party must provide completed witness and exhibit lists at the formal pretrial conference.

Completed witness lists and exhibit lists.

Applies to

Trial summary

Each party's trial summary must concisely state each cause of action, its elements, applicable defenses, and any appropriate damages standard.

A concise trial summary: State each separate cause of action including each element of each cause of action and/or defense; and, if appropriate, a precise legal standard for measure of damages.

Applies to

Exhibits

The exhibit email subject should contain the full cause number followed by “Plaintiff Exhibits” for plaintiff exhibits or “Defendant Exhibits” for defendant exhibits.

The subject of the email should be the full cause number and “ – Plaintiff Exhibits” (or cause number “ – Defendant Exhibits”).

Applies to

Exhibits

The court reporter will not place exhibits in the record if the exhibit-email requirements are not followed.

If you fail to follow this requirement the court reporter will not maintain these documents in the record.

Applies to

Proposed scheduling order

If a party cannot obtain opposing counsel's or the opposing party's signature or agreement to a trial date, it must file a letter describing its efforts and submit a proposed scheduling order.

If you cannot get an opposing counsel or party to sign this order or agree to a trial date, please file a letter describing your efforts and submit your proposed scheduling order to the court

Applies to

Exhibits

The exhibit-submission email subject should identify the case number and use the party-role designation followed by “Exhibits.”

The subject of the email should include the case number and “[Plaintiff/Petitioner/Respondent, etc.] Exhibits.”

Applies to

Response to amended pleadings

Additional defenses or defensive theories may not be pleaded after the response deadline without prior leave of court based on good cause or a written Rule 11 agreement.

No additional affirmative defenses, inferential rebuttal defenses, or any other defensive theories shall be pled after this date without prior leave of court based upon a showing of good cause or by written Rule 11 agreement of the parties.

Applies to

Summary of requested relief

A party must check in with the bailiff before the hearing, provide a copy of the summary of requested relief, and give the bailiff a cell phone number if leaving the courtroom.

Check in with the bailiff before the time of your hearing. Provide a copy of your summary of requested relief. If you plan to leave our courtroom, give the bailiff your cell phone number.

Applies to

Exhibits

At least three copies of each exhibit and an exhibit list must be brought for the court reporter.

Please bring at least three copies of each exhibit and an exhibit list for the court reporter.

Applies to

Proposed order

A proposed order in Word should be emailed to the court coordinator two days before the hearing.

A proposed order in Word should be submitted to the court coordinator at 470@co.collin.tx.us two days before the hearing.

Applies to

Proposed order

Objections to a proposed order should be filed one day before the hearing.

Any objections to a proposed order should be on file one day before the hearing.

Applies to

Proposed scheduling order

If several attempts do not produce an agreed trial date, e-file a proposed scheduling order accompanied by a letter describing those efforts.

If, after several attempts, you are unable to get an agreed date, please e-file a proposed scheduling order with a letter describing your efforts.

Applies to

Pretrial motion

The court will not hear pretrial motions on the day of jury selection without prior leave of court.

The Court will not hear pre-trial motions on the day of jury selection without prior leave of court.

Applies to

Letter

Must include

proposed order

If opposing counsel or a party will not sign the order or agree to a trial date, a party must file a letter describing its efforts and submit a proposed scheduling order.

If you cannot get an opposing counsel or party to sign this order or agree to a trial date, please file a letter describing your efforts and submit your proposed scheduling order to the court

Applies to

Letter

If opposing counsel or a party will not sign the order or agree to a trial date, a letter describing the filer’s efforts must be filed.

If you cannot get an opposing counsel or party to sign this order or agree to a trial date, please file a letter describing your efforts and submit your proposed scheduling order to the court

Applies to

Proposed property division

A proposed property division must list all assets and liabilities and identify whether each is community, separate, or mixed property.

A Proposed Property Division should be provided to the Court at the beginning of trial, in both hard copy and electronic format, which lists all assets and liabilities, whether community, separate, or mixed character.

Applies to

Joint trial summary

Each party must produce a joint trial summary for any cause of action outside the Family Code, including the elements of each cause of action and defense and, when appropriate, the legal standard for measuring damages.

A JOINT trial summary for any cause of action outside the Family Code, including each element of each cause of action and defense and, if appropriate, a precise legal standard for measure of damages.

Applies to

Witness and exhibit lists

Each party must produce completed witness lists and exhibit lists at the pretrial conference.

Completed witness lists and exhibit lists.

Applies to

Deposition testimony designation

Each party must designate deposition testimony intended to be offered at trial.

Designation of any deposition testimony to be offered.

Applies to

Trial exhibits

Each party must produce all exhibits to the court reporter and pre-mark them for identification.

All exhibits produced to court reporter and pre-marked for identification (for the purpose of stipulating to the authenticity and admissibility of exhibits).

Applies to

Testifying expert disclosure

A testifying expert disclosure must include all information required by the applicable rules.

A testifying expert disclosure must include all information required by the rules.

Applies to

Pay sheet

The pay-sheet email subject line must state the pay-sheet label, cause number, and juvenile respondent’s initials rather than the respondent’s full name.

The subject line of the email should state – Pay sheet/Cause Number/INITIALS of the Juvenile Respondent (Please understand that if the full name is listed we will have to ask you to re-submit.)

Applies to

Proposed order

Each proposed discovery order should identify each discovery issue separately.

Proposed orders should list each discovery issue separately.

Applies to

Default judgment motion

An attorney-fees request submitted by affidavit in a default-judgment motion must comply with the cited Texas Supreme Court authority.

Please also make sure that a request for attorney’s fees submitted by affidavit complies with Rohrmoos Venture v. UTSA DVA Healthcare LLP, 578 S.W.3d 469 (Tex. 2019).

Applies to

Proposed jury questions instructions

The proposed jury document should reproduce the jury-facing presentation without judicial signature blocks.

This document should be exactly as it would be presented to a jury without signature blocks for the Judge for granting, denying or modifying any requests.

Applies to

Proposed jury questions instructions

The proposed jury questions and instructions must identify the source of each question or instruction by Texas Pattern Jury Charge number or case citation.

Please include on the proposed Jury Questions/Instructions a reference to where you obtained the specific jury question or instruction (Texas Pattern Jury Charge number or case cite).

Applies to

Vocabulary list

A vocabulary list must be filed in medical malpractice cases.

Vocabulary List (if one is filed): Required in medical malpractice cases.

Applies to

Expert report

A written expert report is not required for a non-retained expert unless that expert has opinions not reasonably disclosed in business records, a response to a request for disclosure, or deposition testimony.

Reports shall not be required of any non-retained experts unless the non-retained expert has opinions which have not reasonably been disclosed in business records, in response to a Request for Disclosure, or in deposition testimony.

Applies to

Remote hearing request email

A remote-hearing request email should use the specified subject line and include the case cause number.

The Subject Line of the email should say: Zoom Hearing Request – [Insert Cause No. of Case]

Applies to

Remote hearing exhibits email

An email transmitting remote-hearing exhibits should identify the party, party role, and cause number in the specified subject-line format.

The subject line of the email should say: Zoom Hearing Exhibits of (Plaintiff/Petitioner/State or Defendant/Respondent) – Cause No.

Applies to

Motion

Requests to the court should be submitted as written motions.

Your requests to the court should be made in a written motion.

Applies to

Pretrial conference submission

Each party must provide completed witness lists and exhibit lists at the pretrial conference.

(2) Completed witness lists and exhibit lists,

Applies to

Exhibits

All exhibits must be given to the court reporter pre-marked for identification to facilitate stipulations concerning authenticity and admissibility.

(3) All exhibits must be produced to the court reporter pre-marked for identification (for the purpose of stipulating to the authenticity and admissibility of exhibits)

Applies to

Deposition testimony designation

Each party must designate deposition testimony offered through direct examination at the pretrial conference.

(4) Designation of deposition testimony to be offered in direct examination.

Applies to

Final order

For agreed SAPCR, modification, and child-support orders, no prove-up or affidavit is required when all signatures appear on the final order.

No prove up or affidavit is necessary as long as all signatures are reflected on the final order.

Applies to

Final order

The court may conduct in-person prove-ups Monday through Wednesday from 8:30 AM to 11:00 AM provided the final order contains all signatures.

In-Person Prove Ups for the Court can be done in the Auxiliary Court, Monday through Wednesday between 8:30 AM and 11:00 AM as long as all signatures are on the final order.

Applies to

Exhibits

The court prefers descriptive exhibit markings, such as “H-1” for a husband’s exhibits or “M-1” for a mother’s exhibits.

The Court prefers descriptive marking, for example “H-1” for husband’s exhibits or “M-1” for mother’s exhibits, as appropriate.