Dallas County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Request to appear

An attorney not licensed in Texas who requests to appear in a pending case must comply with Rule XIX of the Rules Governing Admission to the Bar.

A request by an attorney not licensed to practice law in the State of Texas to appear in a pending case must comply with the requirements of Rule XIX of the Rules Governing Admission to the Bar.

CRITICALCriminal cases

Applies to

ODL petition and order

Absent individual judicial discretion, the petitioner is responsible for filing the petition and order with the D.P.S.

Petitioner is responsible for filing the petition and order with the D.P.S.

CRITICAL

Applies to

Original defensive pleading or separate simultaneous filing

An answering attorney must identify any failure to make a proper and accurate related-case disclosure in the original defensive pleading or a simultaneous separate filing.

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.

CRITICALCivil cases

Applies to

Request for relief

Requests for relief in probate proceedings or related cases must identify the personal representative and state whether the administration is independent or dependent, except when no personal representative has yet been appointed.

All requests for relief in probate proceedings or cases related to probate proceedings, whether styled a motion, application, petition, or otherwise, shall include the name of the personal representative and indicate whether the administration is independent or dependent. This rule does not apply to pleadings in matters where a personal representative has not yet been appointed.

CRITICAL

Applies to

Request to appear

A non-Texas-licensed attorney's request to appear in a pending case must comply with Rule XIX of the Rules Governing Admission to the Bar.

A request by an attorney not licensed to practice law in the State of Texas to appear in a pending case must comply with the requirements of Rule XIX of the Rules Governing Admission to the Bar.

CRITICALCivil cases

Applies to

Application for probate of will as muniment of title

An applicant seeking probate of a will as a muniment of title must state whether the Decedent applied for and received Medicaid benefits on or after March 1, 2005.

(a) In all applications for probate of a will as a muniment of title only, the applicant shall state whether the Decedent applied for and received Medicaid benefits on or after March 1, 2005.

CRITICALCivil cases

A withdrawal motion made at the client's request or with the client's agreement must include the client's written consent or another lawyer's certificate of employment.

(b) When withdrawal is made at the request of or with the agreement of a client, such motion shall be accompanied with the client's written consent to such withdrawal or a certificate by another lawyer that he or she has been employed to represent the client in the case.

CRITICAL

Applies to

Appearance

Anyone appearing in the civil courts of Dallas County must acknowledge upon entering an appearance that they have read and are familiar with the Local Rules, the Rules of Decorum, and the Texas Lawyers Creed.

All counsel and any self-represented person appearing in the civil courts of Dallas County shall by entering an appearance acknowledge that he or she has read and is familiar with these Local Rules, the Rules of Decorum set forth in Appendix 2, and The Texas Lawyers Creed set forth in Appendix 3.

CRITICALCivil cases

Applies to

Rule 91a motion

A Rule 91a motion must include a separate fiat setting the hearing no earlier than 21 days after the motion is filed.

Such motions shall be accompanied by a separate fiat setting a hearing on the motion not less than 21 days after the motion is filed.

CRITICALCivil cases

Applies to

Suit on probate or guardianship claim

A suit on a claim in a probate or guardianship administration must receive a new cause number and be assigned to the court where the administration is pending.

A suit on a claim in a probate or guardianship administration shall be given a new cause number and assigned to the Court in which the administration is pending.

CRITICALCriminal cases

Applies to

Expense approval form

When the Court has approved relevant expenses in advance, the attorney must submit the approval form before disposition of the case.

The attorney will need to submit the form for approval before disposition of the case, if prior approval of the relevant expenses is gained from the Court.

CRITICAL

Applies to

Suggestion of bankruptcy

A party must promptly notify the Court when another party files a bankruptcy petition.

Any party to a pending case shall promptly notify the Court of the filing by any other party of a petition in bankruptcy.

CRITICAL

Applies to

Motion

Must include

proposed order

Bring a proposed order for the relief requested from the Court.

Be sure to bring a proposed order for the relief you are seeking from the Court.

CRITICAL

Applies to

Agreed scheduling order

The Agreed Scheduling Order must include discovery or deposition dates, or a specific deadline if dates are unset, and request date-specific dates consistent with the discovery level in the live pleading.

Include any discovery or deposition dates or a specific deadline if individual dates have not been set. The dates requested must correspond with the discovery level indicated on the live pleading and must be date-specific (do not set a Level 3 case for trial six months out).

CRITICAL

Applies to

Summary judgment motion

A summary judgment motion will not be heard until mediation has occurred, and the assigned mediator’s ADR report must be on file.

Motions for Summary Judgment will not be heard until after mediation has been conducted. An ADR report from the assigned mediator must be on file.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Counsel seeking affirmative relief must be prepared to tender a proposed order at the start of a 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

Application

To proceed without the notice otherwise required for an ex parte application, the application must include a verified party certificate or counsel certificate stating one of the specified grounds.

b) 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

Will contest

A will contest must be filed under the cause number of the proceeding in which the will was admitted to probate or its probate application is pending.

(b) A will contest shall be filed in the cause number of the proceeding in which the contested will has been admitted to probate or an application for probate of the contested will is pending.

CRITICAL

Applies to

Withdrawing attorney letter

After leave to withdraw is granted, the withdrawing attorney must send the client a letter containing the withdrawal order, hearing and discovery deadline information, and advice to secure other counsel.

After leave is granted, the withdrawing attorney shall send the client a letter by regular mail with a copy of the order of the withdrawal, stating any settings for trial or other hearings and any pending discovery deadlines, and advising him to secure other counsel

CRITICAL

Applies to

Attorney withdrawal motion

The mailing must include a letter stating that the motion will be presented at least ten days after the letter is mailed and that any objection must be submitted to the Court in writing before then.

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.

CRITICAL

Applies to

Original pleading

If no related-case disclosure is made, the filing attorney's signature on the original pleading certifies that the case is not related to a previously filed 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

Attorney withdrawal motion

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

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.

CRITICALCriminal cases

Applies to

Motion to recuse

The served copies must include notice that the movant expects the motion to be presented three days after filing, unless the judge orders otherwise.

On the day the motion is filed, copies shall be served on all other parties or their counsel of record, together with a notice that movant expects the motion to be presented to the judge three days after the filing of such motion unless otherwise ordered by the judge.

WARNING

Applies to

Uncontested or agreed matter

Must include

proposed order

Agreed matters generally do not require a separate motion or hearing, subject to stated exceptions, and should be presented with a proposed order reflecting all parties' agreement by signature or certificate of conference.

The Court does not require a separate motion or hearing on agreed matters, except for continuances in cases over one year old or as otherwise provided. All uncontested or agreed matters should be presented with a proposed form of order and should reflect the agreement of all parties either (a) by personal or authorized signature on the form of order, or (b) in the certificate of conference on the motion. This Rule does not apply to cases involving financial settlements to minors.

WARNING

Applies to

Proposed findings of fact and conclusions of law

A party with a pending bench trial should file Proposed Findings of Fact and Conclusions of Law at least one week before trial.

Any party with a pending bench trial before this Court should file Proposed Findings of Fact and Conclusions of Law at least one week in advance of their trial date.

WARNING

Applies to

Agreed scheduling order

Level One collection cases and JP Appeals are exempt from submitting an agreed scheduling order; the Court will instead enter a trial date and issue a mediation order.

Only Level One collection cases and JP Appeals will not be required to submit an agreed scheduling order. Instead, the court will enter a trial date and issue a mediation order.

WARNINGCivil cases

Applies to

Transfer notification

Upon receiving a case transferred from a district, county, or statutory court in another county, the Clerk must immediately give written notice of the transfer to the assigned Court's Judge.

Upon receipt of a case transferred from a district, county or statutory court of another county, the Clerk shall immediately give written notification of such transfer to the Judge of the Court to which the case has been assigned.

WARNINGCivil cases

Applies to

Request for relief objection response

Must include

proposed order

Requests for relief, objections, and responses should be accompanied by a proposed order granting the requested relief.

All requests for relief, objections and responses should be accompanied by proposed order granting the relief requested

WARNING

Applies to

Vacation letter

Must include

case number

An attorney may reserve up to three vacation weeks per calendar year by sending a case-specific letter with the appropriate cause number and style to the Court Coordinator and opposing counsel, limited to weeks with no hearings, depositions, or trials set when the letter is sent.

Any attorney may reserve up to three weeks in any calendar year for vacations by sending a "vacation letter" for each case (with appropriate cause number and style) to the Court Coordinator and opposing counsel, reserving weeks in which no hearings, depositions, or trials are set as of the date of the letter.

INFOCivil cases

Applies to

Proposed order

Must include

proposed order

Counsel seeking affirmative relief should be prepared to tender a proposed order at any hearing on a contested matter.

Counsel seeking affirmative relief should be prepared to tender a proposed order to the Court at any hearing on any contested matter.