Dallas County Courts at Law Document Filing Requirements

CRITICALCriminal cases

Applies to

Voucher

Appointed attorneys must submit a voucher through the Indigent Defense System.

The appointed attorney is responsible for submitting a voucher through the Indigent Defense System

CRITICALCivil cases

Applies to

Motion to dismiss

A Rule 91a motion to dismiss must clearly identify on its first page that it is brought under that rule.

Motions to dismiss under Texas Rule of Civil Procedure 91a shall clearly indicate on the first page of the pleading that the motion is brought pursuant to that rule.

CRITICALCivil cases

Applies to

Original will

Alleged original wills offered for probate must be filed with the Probate Clerk in accordance with Texas Rule of Civil Procedure 21(f)(12).

(b) Alleged original wills being offered for probate shall be filed with the Probate Clerk in accordance with Texas Rule of Civil Procedure 21(f)(12).

CRITICALCriminal cases

Applies to

Hourly invoice

An attorney seeking payment at the hourly rate must submit an itemized hourly invoice.

The attorney must submit an hourly itemized invoice for payment at the hourly rate.

CRITICALCivil cases

Applies to

Case transfer

The Probate Clerk must refuse a transfer from a Dallas County district, county, or statutory court unless a Judge has ordered it in writing.

The Probate Clerk shall refuse to accept transfer of any case pending in any district, county or statutory court in Dallas County unless such transfer has been ordered in writing by a Judge, as defined above.

CRITICAL

Applies to

Motion to retain

Must include

certificate of service

A Motion to Retain must be verified and include a Certificate of Service to the defendants.

The Motion to Retain must be verified and contain a Certificate of Service to the defendant(s).

CRITICAL

Applies to

Original defensive pleading

If the original defensive pleading does not challenge the disclosure, the answering attorney's signature certifies that the disclosure was accurate or, if none was made, that the case is not related to a prior filed or disposed-of case.

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

Judgment or dismissal order

Must include

proposed order

Unless otherwise ordered, counsel must submit a proposed judgment or dismissal order after the specified verdict, judgment, or settlement announcement.

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.

CRITICAL

Applies to

Temporary restraining order application

When presenting a temporary restraining order application, counsel must certify their knowledge about transfer under Local Rule 1.06 and, if the case is subject to transfer, fully advise the Court of the relevant circumstances.

c) 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. If the case is subject to transfer, counsel shall fully advise the Court of the circumstances, particularly as to whether there has been any previous application for the same or similar relief or whether the relief sought will conflict with any other previous order, and the Judge to whom the application is presented may decline to act and refer the application or the entire case to the Judge of the Court to which the earlier related case is assigned.

CRITICALCivil cases

Applies to

Request for relief objection response reply

Must include

certificate of service

Requests for relief, objections, responses, and replies must include counsel's signed Certificate of Service stating how and when service was made on all other parties.

All requests for relief, objections, responses and replies shall include a Certificate of Service signed by Counsel indicating the manner and date of service on all other parties.

CRITICALCivil cases

Applies to

Motion to withdraw

The notice letter must state the motion's presentation time, at least ten days after mailing, explain that objections must be made in writing before then, and be attached to the withdrawal motion.

with a letter advising the client that the motion will be presented to the Court on or after a certain hour not less than ten days after the mailing of the letter, and that any objection to such withdrawal should be made to the Court in writing before such time. A copy of such letter shall be attached to the motion to withdraw.

CRITICALCivil cases

Applies to

Case transfer

A contested minor guardianship application may not be transferred to a district court without a written order from a Judge.

No such case may be transferred to a district court unless such transfer has been ordered in writing by a Judge, as defined above.

CRITICAL

Applies to

Attorney withdrawal motion

A copy of the notice letter must be attached to the withdrawal motion.

A copy of such letter shall be attached to the motion.

CRITICALCivil cases

Applies to

Request for relief

Every request for relief must state its statutory or common-law basis and, when relying on common law, cite authorities authorizing the relief.

All requests for relief, whether styled a motion, application, petition or otherwise, shall state the statutory or common-law basis for the relief requested. If the common law is cited, any cases or other authorities authorizing the requested relief shall be cited.

CRITICALCivil cases

Applies to

Proposed judgment or dismissal order

Unless the Court orders otherwise, counsel must submit a proposed judgment or dismissal order after a verdict, judgment, or written settlement announcement.

Within 30 days after the Court has announced a verdict or judgment or the Court receives a written announcement of settlement from any party or from a mediator, counsel shall submit to the Court a proposed judgment or dismissal order, unless otherwise ordered.

CRITICAL

Applies to

Affidavit of due diligence

If none of the listed dismissal-avoidance steps have been completed, an Affidavit of Due Diligence documenting all service attempts must be presented at the hearing, and an attorney must appear.

If none of the above have been completed, the responsible party will need to have an attorney appear at the hearing with an Affidavit of Due Diligence documenting all service attempts.

CRITICALCivil cases

Applies to

Case transfer

Transfers between Dallas County Statutory Probate Courts under the cited statute require a written order, except that, at Counsel's request, the Clerk may make either of two specified transfers without one.

All case transfers between Statutory Probate Courts of Dallas County pursuant to section 25.00222(a) of the Texas Government Code shall be done on written order of the transferring court; provided, however, that upon request of Counsel the Clerk may,without written order of the transferring court: (i) transfer a case seeking probate of the will of a decedent to the court in which an application to probate the will of thatdecedent's spouse is pending and (ii) transfer a case seeking appointment of a guardian ofa proposed ward to the court in which an application for appointment of a guardian of the proposed ward's sibling is pending.

CRITICALCivil cases

Applies to

Request for relief

Must include

proposed order

Each request for relief under the Local Rule must include a proposed order and indicate the parties' agreement by signatures on the order or in a certificate of conference on the motion.

(d) Form of Order. All requests for relief under this Local Rule shall be presented with a proposed form of order and shall indicate the agreement of all parties, either (1) by personal or authorized signature on the form of order or (2) in the certificate of conference on the motion.

CRITICALCivil cases

Applies to

Motion or brief

A motion or brief of ten pages or more must begin with a summary of the argument.

Any motion or brief that is ten pages or longer must begin with a summary of the argument.

CRITICAL

Applies to

Original pleading or separate simultaneous filing

The attorney filing a related case must disclose the relationship and identify the related case by style, case number, and court in the original pleading or a simultaneous separate filing.

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.

CRITICALCriminal cases

Applies to

Motion to recuse

A recusal motion must be verified, state its grounds with particularity, and set out admissible facts based on personal knowledge, subject to the stated information-and-belief exception.

The motion shall be verified and must state with particularity the grounds why the judge before whom the case is pending should not sit. The motion shall be made on personal knowledge and shall set forth such facts as would be admissible in evidence provided that facts may be stated upon information and belief if the grounds of such belief are specifically stated.

CRITICALCivil cases

Applies to

Attorney withdrawal

An attorney of record may withdraw only after presenting a motion and obtaining a court order granting leave to withdraw.

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.

CRITICAL

Applies to

Proposed scheduling order

If a party does not respond to an ASO request, the requesting party may submit a proposed scheduling order with an explanation of the nonresponse; if entered, the order binds the non-compliant party.

If one party fails to respond to the other’s request for an ASO, then the requesting party may submit to the Court a PROPOSED Scheduling Order with an attached explanation that the other party did not respond to requests. If the Court enters the Proposed Scheduling Order, the non- compliant party is bound to that order.

CRITICALCivil cases

Applies to

Client withdrawal notice

An attorney withdrawing from representation of an estate's personal representative or guardian must notify the client that counsel is required and that failure to obtain new counsel may result in removal.

(e) An attorney for a personal representative in a decedent's estate or for the guardian of the estate who wishes to withdraw from such representation shall also notify the client (i.e., the personal representative or the guardian) that the client must be represented by an attorney and cannot appear before the Court pro se because persons appearing before the Court in a representative capacity (as opposed to an individual capacity) must be represented by an attorney in accordance with Local Rule 4.05. The client must further be notified that failure to secure a new attorney may result in their removal as personal representative of the decedent's estate or guardian of the ward's estate.

CRITICAL

Applies to

Self represented litigant contact information

Self-represented litigants must provide an address, email address, and telephone listing where court personnel and opposing counsel can reach them.

Self-represented litigants are required to provide address, email, and telephone listings at which they can be reached by Court personnel and opposing counsel.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A motion in a contested matter may not be filed or set for hearing unless it is accompanied by a Certificate of Conference signed by moving counsel in one of the listed verbatim forms, subject to the stated exceptions.

No Counsel for a party shall file, nor shall hearing be set on, any motion in any contested matter unless accompanied with a "Certificate of Conference" signed by Counsel for the moving party in one of the forms set forth below (verbatim):

CRITICAL

Applies to

Motion

Must include

certificate of conference

a. 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). c. For the purpose of Rule 2.07(a), a "Certificate of Conference" shall mean the appropriate one of the following four paragraphs (verbatim):

a. 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). c. For the purpose of Rule 2.07(a), a "Certificate of Conference" shall mean the appropriate one of the following four paragraphs (verbatim):

CRITICALCivil cases

Applies to

Case transfer

A transfer from a Statutory Probate Court to a Dallas County district, county, statutory, or justice court under the cited statute must be made by written order of a Judge.

Transfer of a case from a Statutory Probate Court to any district, county, statutory or justice court in Dallas County pursuant to section 25.00222(b) of the Texas Government Code shall be made upon written order of a Judge, as defined above.

CRITICAL

Applies to

Agreed scheduling order

The parties may select a mediator first, but the mediator must be accredited and selected when the proposed Agreed Scheduling Order is presented to the Court.

The Court allows the parties the first opportunity to select a mediator (must be accredited) which must be done at the time the Proposed Agreed Scheduling Order is presented to the Court.

CRITICAL

Applies to

Continuance motion

A continuance motion must include a new proposed Agreed Scheduling Order and Discovery Plan detailing remaining discovery, depositions, or issues, the parties involved, and a specific resolution date.

A new proposed Agreed Scheduling Order and Discovery Plan must be included (see requirements for ASO’s above). These must include a detailed account of what discovery/ depositions/issues remain, which parties they involve and a specific date when those issues will be resolved.

CRITICALCivil cases

Applies to

Application

Notice may be omitted only if a verified party certificate or counsel certificate is filed with the application stating one of the specified grounds.

(b) Compliance with the provisions of paragraph (a) of this rule is not required if a verified certificate of a party or a certificate of Counsel is filed with the application, stating (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 given.

CRITICALCivil cases

Applies to

Application for probate of will as muniment of title

If the Decedent did apply for and receive Medicaid benefits on or after March 1, 2005, the applicant shall state whether any claim of the Texas Medicaid Estate Recovery Program, or such successor entity as may be made responsible for recovering Medicaid

If the Decedent did apply for and receive Medicaid benefits on or after March 1, 2005, the applicant shall state whether any claim of the Texas Medicaid Estate Recovery Program, or such successor entity as may be made responsible for recovering Medicaid

CRITICALCivil cases

Applies to

Severed claim

When a motion to sever is granted, the severed claim must be filed as a new case in the same Court and given the next number available at the Clerk's filing desk.

Whenever a motion to sever is sustained, the severed claim shall be filed as a new case in the same Court and shall be given the next number available at the filing desk in the office of the Clerk.

CRITICALCivil cases

Applies to

Rule 91a motion

The movant must set the hearing and give notice of the motion and the hearing's time, date, and place.

It shall be the duty of the movant to set the hearing and give notice of the motion and the time, date, and place of the hearing.

CRITICAL

Applies to

Agreed scheduling order

If the parties do not timely designate a mediator, the Court will appoint one and the parties may not object to the appointment.

Failure to timely designate a mediator will result in the Court appointing a mediator to whom the parties may not object.

CRITICALCivil cases

Applies to

Post withdrawal letter

After withdrawal is allowed, the attorney must mail the client a letter with the withdrawal order, upcoming trial or hearing settings, pending discovery deadlines, and advice to obtain new counsel if needed.

(d) After leave to withdraw has been granted, the withdrawing attorney shall send the client a letter by regular mail with a copy of the order permitting the withdrawal, stating any settings for trial or other hearings and any pending discovery deadlines and advising the client to secure other counsel (if no such counsel has been engaged).

CRITICALCivil cases

Applies to

Suggestion of bankruptcy

Notice of another party's bankruptcy petition must be made by filing a Suggestion of Bankruptcy with the Clerk and serving copies on all counsel of record.

Such notice shall be made by filing a Suggestion of Bankruptcy with the Clerk and serving copies on all Counsel of record.

CRITICALCivil cases

Applies to

Testimony

Specified testimony must be written when taken, subscribed and sworn to in open court, and filed with the Clerk, but the Court may waive the requirement in whole or in part; the rule does not modify the stated will-probate statute.

All testimony taken in open court upon the hearing of an application to appoint an administrator or independent administrator or an application to determine heirs shall be committed to writing at the time it is taken and subscribed and sworn to in open court by the witness or witnesses and filed with the Clerk; provided, however, that the Court may waive this requirement in whole or in part upon the agreement of the parties or on the Court's own motion. Nothing in this Local Rule shall be construed to modify the requirements of section 256.157 of the Texas Estates Code concerning testimony in cases seeking to probate a will.

CRITICAL

Applies to

Agreed scheduling order

The Agreed Scheduling Order must name an agreed mediator from the Court’s approved list, regardless of the client’s intention to settle.

The specific name of the agreed mediator from the Court’s approved list is mandatory, even if your client has no intention of settling.

CRITICALCivil cases

Applies to

Notice of hearing

Must include

proposed order

Fiats and other hearing notices must be submitted as proposed orders, not as continuations of pleadings.

All fiats or other notices of hearing shall be submitted in the form of a proposed order and not as a continuation of a Pleading.

CRITICALCriminal cases

Applies to

ODL petition and order

Absent individual judicial discretion, the petitioner must provide the original petition and order plus four copies.

Petitioner must provide the original petition and order plus four (4) copies

CRITICAL

Applies to

Continuance motion

Must include

certificate of conference

Continuance motions require a Certificate of Conference; agreed or unopposed motions should contain agreed counsel signatures, and cases on file over one year require signatures from all parties’ clients.

Certificates of Conference are required. Agreed/Unopposed motions should contain agreed counsel signatures. For cases on file over one year, client signatures are also required from all parties.

CRITICAL

Applies to

Agreed scheduling order

Before a trial date is set, both parties must contact each other and submit a proposed Agreed Scheduling Order.

Prior to a trial date being set, it is mandatory that both parties contact one another and submit a proposed Agreed Scheduling Order to the court.

CRITICAL

Applies to

Unopposed continuance

Unopposed continuances must include an Agreed Scheduling Order where appropriate.

1. Unopposed Continuances - must include an Agreed Scheduling Order where appropriate.

CRITICAL

Applies to

Pleading

Every party pleading must include the information required by Texas Rule of Civil Procedure 57.

Every pleading of a party shall include the information required by Tex. R. Civ. P. 57.

CRITICALCivil cases

Applies to

Initial pleading

When filing an initial pleading, the attorney must provide the Clerk with the attorney’s name, bar number, address, telephone number, fax number, and email address.

Upon filing an initial pleading in any matter in the Statutory Probate Courts of Dallas County, the attorney making such filing shall provide the Clerk the attorney's name, bar number, address, telephone number, fax number and email address.

CRITICAL

Applies to

Scheduling order

The case will be dismissed if neither party submits a scheduling order in response to the Court’s order.

If neither party submits a scheduling order in response to the Court’s Order, the case will be dismissed.

CRITICALCriminal cases

Applies to

ODL petition

Absent individual judicial discretion, current proof of insurance is required for ODL requests.

b. Current proof of insurance is required

CRITICALCivil cases

Applies to

Testamentary trust action

An action concerning a testamentary trust must receive a new cause number and be assigned to the court where administration of the trust-establishing will is pending.

An action concerning a testamentary trust shall be given a new cause number and be assigned to the Court in which the administration of the will establishing the trust is pending.

CRITICAL

Applies to

Attorney withdrawal motion

When withdrawal is requested or agreed to by the client, the motion must include the client's written consent or a certificate from another lawyer stating that the lawyer has been retained to represent the client.

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.