Dallas County District Courts Document Filing Requirements

CRITICAL

Applies to

Temporary restraining order

Counsel presenting a TRO application must certify the case is not subject to transfer under Local Rule 1.06 at the time of presentation.

Counsel presenting any application for a temporary restraining order shall at the time the application is presented further certify that to the best of counsel's knowledge, the case in which the application is presented is not subject to transfer under Local Rule 1.06.

CRITICAL

Applies to

Original pleading

Attorneys filing a related case must disclose the relationship in the original pleading or a simultaneous filing, and failure to disclose constitutes certification that the case is not related.

The attorney filing a case that is so related to another previously filed case shall disclose in the original pleading or in a separate simultaneous filing that the case is so related and identify by style, case number and Court the related case. If no such disclosure is made, the signature of the attorney filing the case on the original pleading shall be that attorney's certification that the case is not so related to another previously filed case.

CRITICAL

Applies to

Motion

Must include

proposed order

Counsel seeking affirmative relief must tender a proposed order to the court at the commencement of any hearing on a contested matter.

Counsel seeking affirmative relief shall be prepared to tender a proposed order to the court at the commencement of any hearing on any contested matter.

CRITICAL

Applies to

Certificate of conference

Certificate of Conference must use one of four verbatim forms specified in Rule 2.07(c).

For the purpose of Rule 2.07(a), a "Certificate of Conference" shall mean the appropriate one of the following four paragraphs (verbatim): (1) "Counsel for movant and counsel for respondent have personally conducted a conference at which there was a substantive discussion of every item presented to the Court in this motion and despite best efforts the counsel have not been able to resolve those matters presented..

CRITICALCivil cases

Applies to

Affidavit

The affidavit must state the legal basis for any departure from the standard interest rate.

The Departed: Filing a proposed order seeking an interest rate that departs from the standard—5%—currently under Texas Finance Code section 304.003, or 6% under Texas Finance Code section 302.002 in creditor/obligor suits—without stating in the affidavit and motion the legal basis for departing from the standard, such as a contractual interest rate.

CRITICAL

Applies to

Temporary restraining order

The TRO 2-hour notice requirement is waived if a verified certificate of party or counsel is filed showing irreparable harm is imminent or notice would impair the court's power to grant relief.

Compliance with the provisions of subparagraph a) hereof is not required if a verified certificate of a party or a certificate of counsel is filed with the application, 1) That irreparable harm is imminent and there is insufficient time to notify the opposing party or counsel; or 2) That to notify the opposing party or counsel would impair or annul the court's power to grant relief because the subject matter of the application could be accomplished or property removed, secreted or destroyed, if notice were required.

CRITICALCivil cases

Applies to

Non military affidavit

When a DMDC search is conducted without a SSN, the non-military affidavit must include corroborating evidence that the individual is not in the military.

Saving Private Ryan: Conducting a DMDC search without a SSN (which is not bad in and of itself—just means the DMDC cannot authoritatively assert that this is the same individual that the query refers to) and not providing corroborating evidence in non-military affidavit that the individual is not in the military.

CRITICALCivil cases

Applies to

Certificate of last known address

The certificate of last known address must contain the corporation's own last known address, not the agent's address.

21 Jump Street: Filing a certificate of last known address for a corporation containing an address that is not that of the corporation itself, but is, instead, the address of the agent designated for service of process.

CRITICALCivil cases

Applies to

Damages affidavit

The damages affidavit must show the math used to calculate interest to be added to the principal.

The Count of Monte Cristo: Not showing in the damages affidavit the math used to arrive at the calculation of interest to be added to the principal.

CRITICAL

Applies to

Proposed judgment

Must include

proposed order

Counsel must submit a proposed judgment or dismissal order within 30 days after verdict, judgment, or settlement announcement; failure results in dismissal with prejudice with costs at the Judge's discretion.

Within 30 days after the Court has announced a verdict or judgment or the Court receives a written announcement of settlement from either party or from a mediator, counsel shall submit to the Court a proposed judgment or dismissal order, unless ordered otherwise. Failure to so furnish the Court with such a proposed judgment or dismissal order will be interpreted to mean that counsel wish the Court to enter an Order of Dismissal with prejudice with costs taxed at the Judge's discretion.

CRITICAL

Applies to

Defensive pleading

If no failure is pointed out, the answering attorney's signature certifies the accuracy of the disclosure or that the case is not related.

In the absence of any such plea, the signature of the attorney filing the original defensive pleading shall be that attorney's certificate either that the disclosure of the attorney filing the case was accurate, or, if no disclosure was made by the attorney filing the case, that the case is not so related to a prior filed or disposed of case.

CRITICAL

Applies to

Motion

No attorney of record shall be permitted to withdraw from any case without presenting a motion and obtaining from the Court an order granting leave to withdraw. When withdrawal is made at the request of or on agreement of client such motion shall be accompanied by the client's written consent to such withdrawal or a certificate by another lawyer that he has been employed to represent the client in the case.

No attorney of record shall be permitted to withdraw from any case without presenting a motion and obtaining from the Court an order granting leave to withdraw. When withdrawal is made at the request of or on agreement of client such motion shall be accompanied by the client's written consent to such withdrawal or a certificate by another lawyer that he has been employed to represent the client in the case.

CRITICALCivil cases

Applies to

Motion

In TRCP 736 expedited foreclosure defaults, the motion must provide the proper paper trail from the original lender to the applicant.

The Paper Chase: With regard to TRCP. 736 Expedited Foreclosure Defaults, not providing the proper paper trail from the original lender to the applicant to show that the latter is entitled to an order allowing a foreclosure sale to go forward.

CRITICAL

Applies to

Defensive pleading

Attorneys answering a case must point out any failure of the filing attorney to make a proper disclosure of related cases.

The attorney answering any filed case shall point out in the original defensive pleading or in a separate simultaneous filing any failure of the attorney filing the case to have made a proper and accurate disclosure.

CRITICAL

Applies to

Motion

Must include

certificate of conference

I, the undersigned attorney, hereby certify to the Court that I have conferred with opposing counsel in an effort to resolve the issues contained in this motion without the necessity of Court intervention, and opposing counsel has indicated that he does not oppose this motion.

I, the undersigned attorney, hereby certify to the Court that I have conferred with opposing counsel in an effort to resolve the issues contained in this motion without the necessity of Court intervention, and opposing counsel has indicated that he does not oppose this motion.

CRITICALCivil cases

Applies to

Non military affidavit

A DMDC printout must be included as an exhibit to the non-military affidavit in default judgment motions.

WarGames: No Defense Manpower Data Center (DMDC) printout as an exhibit to the non-military affidavit.

CRITICALCivil cases

Applies to

Motion for substitute service

Motions for substitute service under Rule 106 must be accompanied by an affidavit detailing verification efforts, service attempts, persons present, and a public record confirming residence.

All motions for substituted service under Rule 106 must be accompanied by an affidavit that includes the following information: 1. all efforts taken to verify that defendant actually lives or works at the subject address; 2. each attempt at service, with date(s) and time(s); 3. identity of persons who were present at the subject address and what was said; and 4. a printout of some public record or PublicData.com or similar online database confirming that the person to be served actually resides at the address at which service is being attempted.

CRITICALCivil cases

Applies to

Affidavit

The affidavit must state the legal significance of the starting date for pre-judgment interest.

50 First Dates: Filing a proposed order seeking pre-judgment interest which accrues from a particular date without stating the legal significance of the date in an affidavit and motion.

CRITICAL

Applies to

Motion

Must include

certificate of conference

No counsel for a party shall file, nor shall any clerk set for hearing, any motion unless accompanied with a "Certificate of Conference" signed by counsel for movant in one of the forms set out in Rule 2.07(c).

No counsel for a party shall file, nor shall any clerk set for hearing, any motion unless accompanied with a "Certificate of Conference" signed by counsel for movant in one of the forms set out in Rule 2.07(c).

CRITICALCivil cases

Applies to

Proposed order

The proposed order must not seek attorney's fees for post-judgment collection efforts unless contractual or otherwise authorized.

The Debt Collector: Filing a proposed order that seeks attorney’s fees for post-judgment/collection efforts.

CRITICALCivil cases

Applies to

Attorney fees affidavit

The attorney's fees affidavit must state that the fees are both reasonable and necessary.

Beyond a Reasonable Doubt and Necessary Roughness: Improper proving up of fees in attorney’s fees affidavit: use of neither “reasonable” nor “necessary” or one and not the other, but not both as required at an absolute minimum.

CRITICALCivil cases

Applies to

Proposed order

The proposed order must condition appellate attorney's fees on an unsuccessful appeal by the defaulting defendant.

The Bad News Bears: Not conditioning an award of appellate attorney’s fees on an unsuccessful appeal by the defaulting defendant in the proposed order or the attorney’s fees affidavit.

CRITICALCivil cases

Applies to

Proposed order

The Blues Brothers: Asking for a specific amount to be awarded as costs, rather than just asking for “taxable costs of court” in both the proposed order and the motion for default judgment.

The Blues Brothers: Asking for a specific amount to be awarded as costs, rather than just asking for “taxable costs of court” in both the proposed order and the motion for default judgment.

CRITICAL

Applies to

Suggestion of bankruptcy

Parties must file a Suggestion of Bankruptcy with the clerk and serve copies on counsel within 20 days of receiving notice of another party's bankruptcy filing.

Any party to a pending case shall promptly notify the Court of the filing by any other party of a petition in bankruptcy. Such notice shall be made by filing a Suggestion of Bankruptcy with the clerk of the Court and serving copies on all counsel of record. The Suggestion of Bankruptcy shall be filed as soon as practicable, but in no event more than 20 days after a party receives notice of the filing of a petition in bankruptcy by any other party.

CRITICAL

Applies to

Motion to release trust funds

A party receiving trust funds must provide a valid driver's license, certified birth certificate, and an affidavit of entitlement.

The party to receive the funds must provide a copy of a valid driver's license, certified birth certificate, and an affidavit stating that he or she is the person entitled to the funds.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Motions require a certificate of conference (per Local Rule 2.07), except summary judgment motions; the clerk cannot set a hearing without it.

Motions require certificates of conference as stated in Local Rule 2.07. Judge Moyé does not require a certificate of conference on motions for summary judgment. The clerk cannot set a hearing on a motion without a certificate of conference.

CRITICAL

Applies to

Motion

Must include

proposed order

A proposed order must be filed with every motion before setting a hearing.

ORDERS MUST BE FILED WITH EVERY MOTION BEFORE SETTING A HEARING

CRITICALCivil cases

Applies to

Exhibits

Exhibits must be pre-marked with stickers and chronologically numbered.

All exhibits must be pre-marked with exhibit stickers and chronologically numbered for ease of reference during remote proceedings.

CRITICALCivil cases

Applies to

Proposed findings conclusions

Parties must provide findings of fact and conclusions of law prior to the bench trial; amendments are allowed after evidence is presented.

the Court requires that the parties provide their findings of fact and conclusions of law prior to the bench trial and will allow parties to amend their findings of facts and conclusions of law after the evidence is presented.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

The Court further requests that the parties have an proposed order filed prior to the hearing.

The Court further requests that the parties have an proposed order filed prior to the hearing.

CRITICALCivil cases

Applies to

Protective order

When parties believe a Protective Order is necessary, they must use the Court’s standard form; rare good cause may warrant a variance, and modifications or additions require a hearing.

As of October 2015, this Court has issued a standard Protective Order. In cases where the parties believe that a Protective Order is necessary, the Court requires that this form be utilized. The Court understands that in rare cases good cause may exist that requires variance from this Order. If a party desires to make modifications or additions to the Court’s standard Protective Order, a hearing will be required.

CRITICAL

Applies to

Exhibits

Exhibits must be pre-marked with exhibit stickers, chronologically numbered, and have sequentially numbered pages for ease of reference.

Any party needing to admit either exhibits or other evidence referred to above must electronically deliver same to the Court Reporter in PDF format in advance of the hearing already pre-marked with exhibit stickers and chronologically numbered for ease of reference (and directing a witness's attention) during remote proceedings. The pages of each Exhibit, deposition, declaration of other proffered evidence must be sequentially numbered for ease of reference.

CRITICAL

Applies to

Agreed order

Must include

proposed order

When the L.R. 2.07 conference results in agreement, the moving party must submit an agreed order reflecting the agreement.

Whenever the L.R. 2.07 conference results in agreement between the parties, the Moving Party shall submit an Agreed Order reflecting agreement.

CRITICAL

Applies to

Notice of hearing

Your notice should state: ZOOM, Meeting ID 941 9835 0765.

Your notice should state: ZOOM, Meeting ID 941 9835 0765.

CRITICAL

Applies to

Proposed order

Counsel must bring a printed copy of the proposed order to the hearing; e-filing does not satisfy this, and agreed orders must be signed on the last page.

Counsel for all parties are required to bring to the hearing a printed out copy of counsel's proposed order. This requirement is not satisfied by e-filing the proposed order. If an order is agreed as to form, the parties must sign the last page of the order.

CRITICAL

Applies to

Notice of hearing

Your notice should advise the other side to e-mail a courtesy copy (after it has been e-filed) to the Coordinator no less than 72 hours before the hearing.

Your notice should advise the other side to e-mail a courtesy copy (after it has been e-filed) to the Coordinator no less than 72 hours before the hearing.

CRITICALCivil cases

Applies to

Prove up submission

Must include

proposed order

Minor prove-ups require e-filing of an affidavit by the next friend, a written GAL report, broker's affidavit if applicable, proposed order approving GAL fees, and proposed final judgment.

This will require the following efiled documents: 1) an affidavit by the next friend; 2) a written GAL report (filed at least three working days prior to the hearing); 3) the broker’s affidavit if an annuity is being purchased; 4) a proposed order approving GAL fees signed off on by defense counsel; and 5) a proposed final judgment.

CRITICALCivil cases

Applies to

Default prove up submission

Default prove-ups require e-filing of client's affidavit, 18.001 affidavits with records, and attorney's fees affidavit.

Plaintiff’s attorney shall e-file his client’s affidavit, 18.001 affidavits with records attached, attorney’s fees affidavit, etc. so that they are in the clerk’s record and the court can consider by submission.

CRITICALCivil cases

Applies to

Final disposition

Must include

proposed order

After settlement, Plaintiff must file notice of nonsuit or proposed agreed final judgment; for minor children, file agreed motion to appoint GAL.

When a case has been announced settled, Plaintiff shall either file notice of nonsuit (with order) or a proposed agreed final judgment. When a settled case involves a minor child, parties shall file an agreed motion to appoint guardian ad litem (with order).

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

A Certificate of Conference conforming to the Local Rules must be submitted before any discovery hearing is set.

submit a Certificate of Conference that conforms to the Local Rules before any hearing is set.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Every motion must include a proposed order.

All motions must be accompanied by a proposed order.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Each motion must comply with Certificate of Conference requirements.

Each motion must comply with the Certificate of Conference requirements of the Dallas County Local Rules.

CRITICALCivil cases

Applies to

Motion

Multi-party non-suit motions must identify the non-suiting party and the parties remaining in the active case.

In multi-party cases, a motion for non-suit must identify the non-suiting party and the parties remaining in the active case.

CRITICALCivil cases

Applies to

Trial announcement

Trial announcements are required even with a pending continuance motion and must state readiness, estimated trial length, and number of witnesses.

Trial announcements must be made, even if there is a pending Motion for Continuance. The trial announcement should state, ready or not ready. If ready, the announcement should provide the number of hours/days it will take to try the case and the number of witnesses etc.

CRITICALCivil cases

Counsel withdrawing from a case must advise a corporate entity of its right to object and that only a Texas-licensed attorney may represent it in Court.

If counsel wishes to withdraw from a case, this Court strictly enforces Rule 10 of the Texas Rules of Civil Procedure and Local Rule 4.02. o Contemporaneous with advising the corporate entity of its right to object to the withdrawal of counsel, counsel must advise the corporate entity that only an attorney licensed by the State of Texas can represent the corporate entity’s interest in Court.

CRITICALCivil cases

Applies to

Motion for substituted service

Rule 106 motions for substituted service must be accompanied by an affidavit detailing service efforts, attempts, persons present, and proof of residence.

All motions for substituted service under Rule 106 must be accompanied by an affidavit that includes the following information: 1. All efforts taken to verify that defendant actually lives or works at the subject address; 2. Each attempt at service, with date(s) and time(s); 3. Identity of persons who were present at the subject address and what was said; and 4. A printout of some public record or PublicData.com or similar online database confirming that the person to be served actually resides at the address at which service is being attempted.

CRITICALCivil cases

Applies to

Proposed findings conclusions

Must include

proposed order

All parties must submit proposed judgments and proposed findings of fact and conclusions of law in accordance with the scheduling order but not less than seven 7 days of trial if not set forth in the scheduling order. Trial briefs on contested issues of law should be filed at the same time.

All parties must submit proposed judgments and proposed findings of fact and conclusions of law in accordance with the scheduling order but not less than seven 7 days of trial if not set forth in the scheduling order. Trial briefs on contested issues of law should be filed at the same time.

CRITICALCivil cases

Applies to

Notice of hearing

E-file notice of hearing. Your notice should state: “The hearing will be by ZOOM on _____________ , 202_ at _____ a.m./p.m. You may access the ZOOM link at https://txcourts.zoom.us/j/82836274342.”

E-file notice of hearing. Your notice should state: “The hearing will be by ZOOM on _____________ , 202_ at _____ a.m./p.m. You may access the ZOOM link at https://txcourts.zoom.us/j/82836274342.”

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Each party must file a proposed order before the hearing or submission date.

Each party must file a proposed ORDER before the hearing or submission date.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Motions must include a certificate of conference under Local Rule 2.07 or they will not be set for hearing.

Motions without certificates of conference in compliance with Local Rule 2.07 will not be set for hearing by the clerk. Certificates of conference must be attached to all motions, except those excluded by the Local Rules, i.e., motions for summary judgment.