Dallas County Civil District Courts Service and Proof of Service Rules

Deadline: 2 hours
Service: Other to opposing party

Before presenting a TRO application to the Court, the applicant must notify the opposing party (or counsel) and provide a copy of the application and proposed order at least 2 hours in advance, unless an exception applies.

relief shall notify the opposing party's counsel, or the opposing party if unrepresented by counsel in the present controversy, and provide opposing counsel or party with a copy of the application and proposed order at least 2 hours before the application and proposed order are to be presented to the Court for decision, except as provided in subparagraph b) hereof.

Service: Other to opposing party

Documents involving expedited relief or hearings within seven days must be served on all opposing parties the same day they are filed, except original petitions and TRO applications.

Other than original petitions and any accompanying applications for temporary restraining order, any documents filed with the Court that relate to requests for expedited relief or to matters set for hearing within seven days of filing must be served upon all opposing parties in a manner that will ensure receipt of the papers by them on the same day the papers are filed with the Court or Clerk.

Applicant must file and serve all argument and supporting evidence at least 10 days before the TI hearing.

10 Days before TI Hearing – Applicant must file and serve all argument and supporting evidence including the final affidavits (see ¶1) and excerpts of discovery;

Respondent must file and serve all responsive evidence at least 4 days before the TI hearing.

4 Days before TI Hearing – Respondent must file and serve all responsive evidence including affidavits and excerpts of discovery;

Service: Other

New cases filed during this period remain subject to citation, service, and due diligence requirements; service cannot be postponed.

You will not be able to file a new case and then have citation and service postponed during this time period. Issues of due diligence will still apply to all cases filed during this time period.

Deadline: 0 hours
Service: Other to all parties

Documents relating to expedited relief or hearings within 7 days must be served on all opposing parties the same day they are filed, in a manner ensuring receipt.

Deadline: 10 calendar days
Service: Mail to other

If the client has not consented, the motion must be mailed to the client by certified and regular first class mail with a letter advising the motion will be presented no less than 10 days after mailing.

In the event the client has not consented, a copy of such motion shall be mailed by certified and regular first class mail to the client at his last known address, with a letter advising that the motion will be presented to the Court on or after a certain hour not less than ten days after mailing the letter, and that any objection to such withdrawal should be made to the Court in writing before such time.

Deadline: 2 hours

TRO applicants must notify opposing counsel or party and provide a copy of the application and proposed order at least 2 hours before presenting them to the Court.

Service: Other

Substitute service may be perfected by leaving a copy with anyone over 16 at the defendant's address or by affixing a copy to the front door of the last known abode or business.

IT IS FURTHER, ORDERED, ADJUDGED, and DECREED that service of process may be made upon the Defendant, Perry the Platypus, either: (1) by leaving a true copy of the citation, with a copy of the Petition and this Order authorizing substituted service attached, with anyone over sixteen (16) years of age at, 221B Baker Street, Dallas, Texas 75202; or (2) by firmly affixing a true copy of the citation, with a copy of the Petition and this Order authorizing substitute service attached, to the front door of Defendant's last known usual place of abode or business at the above address.

Service: Mail to opposing party

Substitute service must be made by certified mail, return receipt requested, and by regular mail to the Defendant at the authorized address.

certified mail, return receipt requested, AND by regular mail to the Defendant at the same address at which service is authorized above;

Deadline: 30 calendar days
Service: Mail

The return of service may not be made until 30 days after mailing or until the green card is received back, whichever is earlier.

the return of service shall not be made until 30 days after mailing or until the process server receives back the green card from the post office, whichever date is earlier;

Service: Mail

Service of process is deemed complete upon compliance with the Order, regardless of whether the Defendant signs the certified mail receipt.

service of process will be deemed complete upon compliance with this Order, regardless of whether Defendant signs the certified mail receipt.

Service: Personal service

Substitute service may be made by leaving the citation, Petition, and Order with anyone over 16 at the address, or by affixing them to the front door of the defendant's last known abode or business.

service of process may be made upon the Defendant, Perry the Platypus, either: (1) by leaving a true copy of the citation, with a copy of the Petition and this Order authorizing substituted service attached, with anyone over sixteen (16) years of age at, 221B Baker Street, Dallas, Texas 75202; or (2) by firmly affixing a true copy of the citation, with a copy of the Petition and this Order authorizing substitute service attached, to the front door of Defendant's last known usual place of abode or business at the above address.

Applies to: Citation
Service: Mail

Substitute service requires mailing the citation, Petition, and Order by both certified mail (return receipt requested) and regular mail to the defendant's address.

a copy of the citation, Petition, and this Order shall be mailed by BOTH certified mail, return receipt requested, AND by regular mail to the Defendant at the same address at which service is authorized above;

Deadline: 30 calendar days
Service: Mail

The return of service shall not be made until 30 days after mailing or until the green card is received back, whichever is earlier.

the return of service shall not be made until 30 days after mailing or until the process server receives back the green card from the post office, whichever date is earlier;

Service: Mail

The return of service must include a statement of the mailing dates and results for both certified and regular mail.

the return of service shall include a statement setting out the date of mailing and the result of the mailing by certified mail, and the date of mailing and result of same by regular mail (i.e., whether the envelope was returned by the post office, the green card came back signed, etc.);

Service: Mail

A copy of any envelope or green card returned by the post office must be attached to the return of service.

a copy of any envelope or green card returned by the post office shall be attached to the return of service.

Service: Other

The return of service must otherwise be made in accordance with Rule 107 of the Texas Rules of Civil Procedure.

IT IS FURTHER Ordered, adjudged, and decreed that the return of service of the person executing service pursuant to this Order shall otherwise be made in accordance with Rule 107, Texas Rules of Civil Procedure.

Service: Mail

Service of process is deemed complete upon compliance with the order, regardless of whether the defendant signs the certified mail receipt.

IT IS FURTHER Ordered, adjudged, and decreed that service of process will be deemed complete upon compliance with this Order, regardless of whether Defendant signs the certified mail receipt.

Service: Other

For substitute service, the return of service must include the result of mailing of certified and regular mail, and a copy of the returned green card must be filed.

My Cousin Vinny: This common failure might be limited to the author’s unique procedures, but could be used to illustrate the necessity of learning each particular court’s rules/requirements with regard to each motion: In a case involving substitute service of process, failing to comply with the additional requirements required before service is deemed to be perfected (i.e., not including result of mailing of certified and regular mail in return of service, not filing a copy of the returned green card, etc.).

Judge Gena SlaughterCRITICAL

Copies of proposed exhibits must be directed to opposing counsel and pro se parties.

As required by the Texas Rules of Civil Procedure, copies of all proposed exhibits must be contemporaneously directed to all opposing counsel and/or pro se parties.

Service: Personal service to opposing party

Substituted service may be made by leaving copies with anyone over 16 years of age at the address, or by firmly affixing copies to the front door or, if inaccessible, to the front gate of the defendant's last known abode.

IT IS FURTHER ORDERED, ADJUDGED, and DECREED that service of process may be made upon the Defendant, either: 1. By leaving a true copy of the citation, with a copy of the Petition,(INSERT OTHER ACCOMPANYING DOCUMENTS), and this Order authorizing substituted service attached, with anyone over sixteen (16) years of age at, ADDRESS; or 2. By firmly affixing a true copy of the citation, with a copy of the Petition, (INSERT OTHER ACCOMPANYING DOCUMENTS),and this Order authorizing substitute service attached, to the front door; if the front door is inaccessible, by attaching a true copy of the citation with copy of the Petition ,(INSERT OTHER ACCOMPANYING DOCUMENTS),and this Order authorizing substitute service attached, to the front gate of Defendant’s last known usual place of abode at ADDRESS.

Judge Staci WilliamsCRITICAL

Service: Mail

Service is not deemed perfected unless copies are mailed to the defendant by both certified mail (return receipt requested) and regular first-class mail at the authorized address.

1. A copy of the citation, Petition, (INSERT OTHER ACCOMPANYING DOCUMENTS),and this Order shall be mailed by BOTH certified mail, return receipt requested, AND by regular first-class mail to the Defendant at the same address at which service is authorized above;

Judge Staci WilliamsCRITICAL

Service: Mail to opposing party

736 foreclosure hearings must be set with notice to obligors via certified mail (CMRRR) and first-class mail, and the applicant must bring proof of service to the hearing.

Must be set for hearing with notice to the obligor(s) via CMRRR and first-class mail. The applicant should bring to the hearing proof that it served the obligor(s) with notice of the hearing date and time.

Judge Veretta FrazierCRITICAL

Service: Mail

A self-represented litigant's failure to accept or pick up mail is constructive receipt, provable by postal service receipt or comparable proof of delivery.

Failure to accept delivery or to pick up mail addressed to the address provided by a self-represented litigant will be considered constructive receipt of the mailed or delivered document and may be established by a postal service receipt for certified or registered mail or comparable proof of delivery.

Court-level rulesWARNINGOfficial source

Service: Other

Motions and pleadings must not be served in any manner that unfairly limits another party's opportunity to respond.

I will not serve motions or pleadings in any manner that unfairly limits another party's opportunity to respond.

Court-level rulesWARNINGOfficial source

Demonstrative aids need court approval and must be shown to opposing counsel before voir dire.

Demonstrative aids may be used only if approved by the Court and should be shown to opposing counsel before voir dire commences, to give the opportunity to object.

Judge Aiesha RedmondWARNING

Service: Electronic service to other

The Zoom link must be sent to all intended participants, including witnesses, attorneys, and parties.

Send the Zoom link to everyone that you intend to have participate in the proceeding (witnesses, attorneys, parties, etc.)

Applies to: Exhibits
Service: Email to opposing party

Exhibits must also be emailed to opposing counsel.

The exhibits should be e-mailed to opposing counsel as well.

Service: Other to all parties

Copies of the Suggestion of Bankruptcy must be served on all counsel of record.

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.

Service: Mail

A self-represented litigant who fails to accept or pick up mail at the address they provided is deemed to have received it; delivery may be proven by a postal receipt for certified or registered mail or comparable proof.

Service: Other to other

A party joining an additional party must serve a copy of this order on the new party at the same time as the joinder pleading.

The party joining an additional party shall serve a copy of this Order on the new party concurrently with the pleading joining that party.

Applies to: Exhibits
Service: Electronic service to opposing party

Copies of exhibits and evidence must be sent contemporaneously to opposing counsel.

Copies must contemporaneously be directed to opposing Counsel.

Service: Electronic service to all parties

A copy of the participant information submission must be sent to all counsel of record and self-represented parties.

The attorneys and parties are directed to collaborate and transmit to the Court Reporter in a single submission with a copy to all counsel of record and self-represented parties.

Applicant must serve final affidavits and identify witnesses within 2 days after the TRO application is filed or granted.

2 Days after TRO application filed or granted, whichever is later – Applicant must serve final affidavits of all supporting witnesses under Applicant’s control and identify all other supporting witnesses and documents;

Deadline: 1 business days
Required: Always
Applies to: Notice of hearing
Service: Other to all parties

A party setting a hearing must serve written notice on all parties, with a copy to the Clerk, within one business day of receiving the setting.

A party who sets for hearing any motion or other matter must serve written notice of such setting on all parties, with a copy to the Clerk of the Court, within one business day of receipt of such setting.

Service: Mail

Failure by a self-represented litigant to accept or pick up mail at the provided address constitutes constructive receipt, provable by postal receipt or comparable proof.

Service: Other

Substitute service is not deemed perfected unless it also complies with additional provisions (not fully specified in this excerpt).

IT IS FURTHER ORDERED, ADJUDGED, and DECREED that the service made by the above method shall not be deemed perfected unless it also complies with the following provisions:

Service: Other

The return of service must otherwise comply with Rule 107 of the Texas Rules of Civil Procedure.

the return of service of the person executing service pursuant to this Order shall otherwise be made in accordance with Rule 107, Texas Rules of Civil Procedure.

Service: Electronic service

Texas attorneys with incorrect eService email addresses should update them on the State Bar website at texasbar.com/eservice.

Starting October 1, if you are a Texas attorney and your eService email address in eFileTX is incorrect, please update it on the State Bar website at texasbar.com/eservice.