Dallas County Courts at Law Filing Timing and Cure Windows

CRITICALCivil cases

A temporary restraining order application must be filed under the cause number of the proceeding where relief is sought; if no proceeding exists and supporting original pleadings are not included, the Clerk files it under a new cause number and no further action may occur until jurisdictional pleadings are filed.

Applications for a temporary restraining order shall be filed in the cause number of the proceeding in which the relief is sought; if no such proceeding exists, and the application is not accompanied by original pleadings to support the application, the Clerk shall file the pleading in a new cause number but no further action may be taken until pleadings asserting causes of action over which the Court has jurisdiction are filed

CRITICAL

Deadline

5 business days

A Motion to Retain must be filed by 5:00 pm at least five business days before the dismissal date.

A Motion to Retain must be filed by 5:00 pm at least five business days before the dismissal date to allow enough time for processing and scanning.

CRITICAL

Except for an emergency when the Clerk's office is closed, an application for immediate or temporary relief must be filed and assigned to a Court before it is presented to a Judge.

Except in emergencies when the Clerk's office is not open for business, no application for immediate or temporary relief shall be presented to a Judge until it has been filed and assigned to a Court as provided in Local Rule 1.01.

CRITICAL

When emergency action is required while the Clerk's office is closed, the case must be docketed and assigned to a Court at the earliest practicable time, and all writs and process must be returnable to that Court.

Whenever immediate action of a Judge is required in an emergency when the Clerk's office is not open for business, the case shall nevertheless at the earliest practicable time be docketed and assigned to a Court as provided in Local Rule 1.01 and all writs and process shall be returnable to that Court.

CRITICALCivil cases

Except for emergencies when the Clerk's office is closed, an application for immediate or temporary relief must be filed and assigned to a court before it is presented to a Judge.

Except in emergencies when the Clerk's office is not open for business, no application for immediate or temporary relief shall be presented to a Judge until it has been filed and assigned to a Court as provided in Local Rule 2.01.

CRITICAL

A brief supporting a summary judgment motion must be filed and served with the motion.

Briefs in support of a motion for summary judgment must be filed and served with that motion;

WARNING

The lawyer commits to submitting orders to the Court promptly.

I will promptly submit orders to the Court.

INFOCriminal cases

Any other party may file an opposing or concurring statement with the clerk before the motion is heard.

Any other party may file with the clerk an opposing or concurring statement at any time before the motion is heard.

CRITICALCivil cases

Bankruptcy must be filed as soon as practicable.

Bankruptcy shall be filed as soon as practicable.

CRITICAL

The opposing party must approve a proposed order as to form or file written objections; absent objections within five days after submission, the order is deemed approved as to form.

The opposing party must either approve the proposed order as to form or file objections in writing with the court. If an order is not approved as to form and no objections are filed within five days of the submission of the proposed order to the court, the proposed order is deemed approved as to form.

CRITICALCivil cases

For the specified applications, testimony must be filed with the Clerk at the time it is taken, subject to the Court’s authority to waive the requirement in whole or in part.

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.

CRITICAL

Unless otherwise ordered, counsel must submit a proposed judgment or dismissal order within 30 days after the Court announces a verdict or judgment or receives a written settlement announcement; failure may be treated as a request for dismissal with prejudice and costs taxed 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.

CRITICALCivil cases

The case file must be transferred within ten days after the transfer order.

Transfer of the case file shall be completed within ten days of the date of the order transferring the case.

CRITICALCivil cases

The withdrawal motion may not be presented earlier than ten days after the notice letter is mailed.

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

CRITICAL

A reply brief supporting a summary judgment motion must be filed at least three days before the hearing.

reply briefs in support of a motion for summary judgment must be filed and served no less than three days before the hearing.

CRITICALCivil cases

Unless the Court orders otherwise, summary-judgment support briefs are due with the motion, opposition briefs are due no later than the response deadline, and reply briefs are due at least one business day before the hearing.

Unless otherwise ordered by the Court, briefs in support of a motion for summary judgment must be filed and served with that motion; briefs in opposition to a motion for summary judgment must be filed and served at or before the time the response is due; reply briefs in support of a motion for summary judgment must be filed and served at least one business day before the hearing.

CRITICAL

Deadline

3 working days

Except in an emergency, briefs, responses, and replies for a motion other than summary judgment must be filed with the Clerk and served at least three working days before the hearing; noncompliant papers likely will not be considered.

Except in case of emergency, briefs, responses and replies relating to a motion (other than for summary judgment) set for hearing must be served and filed with the Clerk of the Court no later than three working days before the scheduled hearing. Briefs not filed and served in accordance with this paragraph likely will not be considered.

CRITICAL

The Agreed Scheduling Order must be submitted within the Court's 30-day time limit.

The Court will allow a 30 day time-limit for the ASO to be submitted.

CRITICAL

Counsel must submit all final paperwork for disposition within 30 days.

Counsel is required to submit all final paperwork for disposition of the case within 30 days.

CRITICALCivil cases

Deadline

3 business days

Counsel for a party seeking affirmative relief must notify the Court of the transfer within three business days after the Clerk's assignment.

Counsel for parties seeking affirmative relief shall notify the Court of the transfer within three business days after assignment by the Clerk pursuant to Local Rule 2.01.

CRITICAL

Unless the Court permits otherwise, a withdrawal motion may not be presented within 30 days of trial; the remaining text of the restriction is truncated in the provided excerpt.

Unless allowed in the discretion of the Court, no such motion shall be presented within 30 days of the trial date or at such

CRITICALCivil cases

A party to a pending case must promptly notify the Court if another party files a bankruptcy petition.

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

CRITICAL

Newly filed cases receive a dismissal date 120 days after filing, on the next available Wednesday.

All newly filed cases are given a dismissal date 120 days after the filing date (on the next available Wednesday).

CRITICALCivil cases

A request for relief may be decided without a hearing if no person entitled to notice files a written objection within fourteen days after the request is filed.

Unless a hearing is otherwise required by law or court rule, requests for relief (including administrative matters) may be ruled upon without a hearing if (1) no person is entitled to notice; (2) all persons entitled to notice agree or express lack of objection to the relief requested (as indicated in a certificate of conference or by the signature of all Counsel); or (3) no person entitled to notice files a written objection to the request within fourteen days after the request for relief is filed.

CRITICALCivil cases

Deadline

3 business days

The opposing party must approve an order as to form or file written objections; if neither occurs within three business days after submission to the Court, the order is deemed approved as to form.

The opposing party must either approve the proposed order as to form or file objections in writing with the Court. If an order is not approved as to form and no objections are filed within three business days of the submission of the proposed order to the court, the proposed order shall be deemed approved as to form.

CRITICALCivil cases

An attorney ad litem must file an answer by 10:00 AM on the first Monday after ten days have expired from the appointment order's date.

An attorney ad litem shall file an answer not later than 10:00 AM on the first Monday after the expiration of ten days after the date of the order of appointment.

CRITICAL

A brief opposing a summary judgment motion must be filed and served no later than the response deadline.

briefs in opposition to a motion for summary judgment must be filed and served at or before the time the response is due;

CRITICALCivil cases

Filing and serving a motion to quash by the third day the courthouse is open after delivery of the deposition notice stays the deposition pending determination; filing outside that condition does not otherwise stay it.

The filing of a motion to quash a deposition and service on opposing Counsel in accordance with paragraph (a) above, if done no later than the third day the courthouse is open after delivery of the notice of deposition, is effective to stay the deposition subject to determination of the motion to quash. The filing of a motion to quash does not otherwise stay a deposition.

CRITICAL

Before the dismissal date, a case must satisfy one of the listed alternatives: completed service and an answer, completed service and a granted default judgment, or a Motion to Retain filed and set for hearing; a case may be retained only once.

The case will be dismissed for want of prosecution if the following does not occur prior to the dismissal date: 1. Process of service is completed and an answer is filed, 2. Process of service is completed and default judgment is granted, 3. Motion to Retain (with verification and certificate of service) filed and set for hearing (cannot retain a case more than once).

CRITICALCivil cases

Unless another rule or law requires otherwise or the Court orders otherwise, objections, responses, and any supporting replies must be written and filed at least one day before the hearing.

Unless otherwise required by rule or law or ordered by the Court, all objections or responses to requests for relief and replies in support (if any) shall be in writing and filed at least one day before any hearing on the request for relief.

CRITICALCivil cases

Deadline

1 business days

Briefs relating to a non-summary-judgment motion set for hearing must be filed at least one business day before the hearing, except in an emergency or when a rule, law, or court order provides otherwise.

Except in case of emergency and unless required by rule or law or otherwise ordered by the Court, briefs relating to a motion (other than for summary judgment) set for hearing must be filed no later than one business day before the scheduled hearing.

CRITICALCivil cases

Unless the Court allows otherwise, a withdrawal motion may not be presented within thirty days of trial or at a time that would require delaying trial.

Unless allowed in the discretion of the court, no such motion may be presented within thirty days of the trial date or at such time as to require delay of the trial.

CRITICALCriminal cases

If a judge is assigned within ten days of trial or another hearing, the recusal motion must be filed at the earliest practicable time before the proceeding begins.

If within ten days of the date set for trial or other hearing a judge is assigned to a case, the motion shall be filed at the earliest practicable time prior to the commencement of the trial or other hearing.

CRITICALCivil cases

Unless the Court orders otherwise, counsel must submit a proposed judgment or dismissal order within 30 days after the Court announces a verdict or judgment or receives a written settlement announcement from a party or mediator.

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

A motion to quash must be filed and served by the third day the courthouse is open after delivery of the deposition notice to stay the deposition pending determination; otherwise, filing does not stay the deposition.

b. The filing of a motion to quash a deposition with the district clerk and service on opposing counsel or parties in accordance with Local Rule 2.05, if done no later than the third day the courthouse is open after delivery of the notice of deposition, is effective to stay the deposition subject to determination of the motion to quash. The filing of a motion to quash does not otherwise stay a deposition.

CRITICALCivil cases

When a Judge must act immediately in an emergency while the Clerk's office is closed, the case must be docketed and assigned to a Court at the earliest practicable time, and all writs and process must be returnable to that Court.

Whenever immediate action of a Judge is required in an emergency when the Clerk's office is not open for business, the case shall nevertheless at the earliest practicable time be docketed and assigned to a Court as provided in Local Rule 2.01 and all writs and process shall be returnable to the Court.

CRITICALCivil cases

Counsel must request and obtain a hearing on these pleadings at least 30 days before trial, or as soon as possible after a necessary pleading is filed within 30 days of trial.

Counsel filing special exceptions, pleas in abatement or other dilatory pleas shall request and obtain a hearing on them at least thirty days before the scheduled trial date or as soon as possible after the filing of a pleading necessitating the request (if such pleading is filed within thirty days of the scheduled trial date).

CRITICALCivil cases

The hearing on a Rule 91a motion must be set at least 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.

CRITICAL

A Suggestion of Bankruptcy must be filed as soon as practicable and no later than 20 days after the party receives notice of the other party's bankruptcy petition.

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.

WARNING

Mediation is expected to be completed at least 45 days before trial.

This Court expects mediation to be completed at least 45 days before trial.

WARNING

Proposed Findings of Fact and Conclusions of Law for a pending bench trial should be filed 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

The listed appeal and case types do not receive dismissal dates; they instead receive trial dates, mediation and trial dates, or court review as specified.

The following cases do not receive dismissal dates but are immediately given trial dates or reviewed by the Court: 1. Forcible Entry and Detainer Appeal- trial date set 14-21 days after filing 2. All other JP Appeals - mediation and trial date set 3. Condemnation - need appointment of Special Commissioners 4. Foreign Judgment - reviewed by the court 5. Bill of Review - reviewed by the court

WARNINGCriminal cases

The movant expects the motion to be presented to the judge 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

For this rule, delivery after 5:00 p.m. is deemed to occur on the next day the courthouse is open.

a. For purposes of this rule, the date of delivery of a notice of deposition or motion to quash a notice of deposition is the date of actual delivery to counsel or a party, unless received after 5:00 p.m. in which case the date of delivery is deemed to be the next day on which the courthouse is open.

WARNING

After notice that a case is ready for disposition, it will be set on a 30-day disposition docket on the next available Wednesday.

Upon notice that the case is ready for disposition (verdict, dispositive motion, settlement, etc.), the case will be set on a 30-day disposition docket (on the next available Wednesday).

WARNINGCivil cases

Briefs that are not timely filed and served under the stated schedule likely will not be considered by the Court.

Briefs not filed and served in accordance with this paragraph likely will not be considered by the Court.

WARNING

A trial date for a Forcible Entry and Detainer Appeal is set 14–21 days after filing.

Forcible Entry and Detainer Appeal- trial date set 14-21 days after filing