Dallas County Courts at Law Service and Proof of Service Rules

CRITICAL

A motion to consolidate or for a joint hearing must be filed in the earliest-filed case, with notice to the later-filed court and all parties in each case.

Every motion for consolidation or joint hearing of two or more cases under Texas Rules of Civil Procedure ("TRCP") Rule 174(a), shall be filed in the earliest case filed with notice to the later filed Court and all parties in each case.

CRITICAL

A reply brief supporting a summary judgment motion must be served 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

Until dismissed by order or discharged by operation of law, an ad litem must be notified of all court hearings and conferences and served with all pleadings.

(c) Until an order is signed dismissing a guardian ad litem or attorney ad litem, or the guardian ad litem or attorney ad litem is discharged by operation of law, the ad litem shall be notified of all hearings and/or conferences with the Court and shall be served with all pleadings.

CRITICAL

A party setting a motion or other matter for hearing must serve written notice on all parties and send a copy to the Clerk within one business day of receiving the setting; other notice periods remain in effect.

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. Nothing in this rule shall be construed to shorten any notice requirement in the Texas Rules of Civil Procedure or other rule or statute.

CRITICAL

A brief opposing a summary judgment motion must be 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

Unless the Court orders otherwise, summary-judgment support briefs must be served with the motion, opposition briefs at or before the response deadline, and reply briefs 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

Counsel must notify all parties of their trial announcement.

Counsel shall notify all parties of their announcement.

CRITICAL

Should the court notify counsel of its decision at any time following the hearing on any contested matter and direct counsel to prepare one or more orders for submission to the court any such order shall be tendered to opposing counsel at least two working days before it is submitted to the court.

Should the court notify counsel of its decision at any time following the hearing on any contested matter and direct counsel to prepare one or more orders for submission to the court any such order shall be tendered to opposing counsel at least two working days before it is submitted to the court.

CRITICALCivil cases

Counsel must make trial media available to opposing counsel sufficiently before trial to allow a pretrial hearing on objections; media not tendered in time will not be admitted, except media offered solely for impeachment is excluded from this requirement.

Counsel intending to offer video depositions or other media at trial, except those offered solely for impeachment, must make such media available to opposing Counsel sufficiently in advance of trial so that a hearing on any objections can be held before commencement of trial. Any media not so tendered will not be permitted into evidence atthe trial.

CRITICAL

Deadline

48 hours

Trial exhibits should be provided directly to the court reporter and to opposing parties at least 48 hours before trial.

Trial exhibits should be provided directly to the court reporter and provided to opposing parties at least 48 hours in advance of the trial date.

CRITICAL

Except in an emergency, briefs, responses, and replies for a motion other than summary judgment set for hearing must be served at least three working days before the hearing.

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.

CRITICALCivil cases

A copy of a motion to withdraw must be served on all counsel of record.

A copy of the motion shall be served on all counsel of record.

CRITICALCivil cases

Applies to

Motion for consolidation or joint hearing

A motion for consolidation or joint hearing must be filed in the earliest-filed case with notice to the later-filed Court and all parties in each case, unless otherwise ordered.

Every motion for consolidation or joint hearing of two or more proceedings or cases under Texas Rule of Civil Procedure 174(a) shall be filed in the earliest case filed with notice to the later filed Court and all parties in each case, unless otherwise ordered.

CRITICALCriminal cases

Copies of a recusal motion must be served on all other parties or their counsel on the filing day, together with notice of the expected presentation date, 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.

CRITICALCivil cases

A party setting a matter for hearing must notify all parties within one business day of receiving the setting, without shortening any notice period required by another rule or statute.

A party who sets for hearing any motion or other matter must serve notice of such setting on all parties within one business day of receipt of such setting. Nothing in this rule shall be construed to shorten any notice requirement in the Texas Rules of Civil Procedure or other rule or statute.

CRITICALCivil cases

A hearing on expedited relief may be set on two days' notice to all persons entitled to notice.

(c) Expedited Relief. Requests for expedited relief may be ruled upon (1) without a hearing if 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 (2) after a hearing set on two days' notice to all persons entitled to notice.

CRITICAL

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

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

CRITICALCivil cases

Pleadings and listed materials due within thirty days of trial must be transmitted so the other parties receive them by the service deadline, unless otherwise permitted by court order.

Service of Pleadings within 30 Days of Trial. Any Pleading to be served, exchanged or otherwise delivered to another party or parties within 30 days of trial of a contested matter (including any witness list, exhibit list, deposition designations, objections, motions or response to discovery request) shall be transmitted in a manner that will ensure receipt of such Pleading by the other party or parties on or before the date of the deadline for service, unless otherwise permitted by court order.

CRITICALCivil cases

At least two hours before presenting an application for a temporary restraining order or other ex parte relief, counsel must notify the opposing party or counsel and provide copies of the application and proposed order, subject to the stated exception.

(a) Counsel presenting any application for a temporary restraining order or other ex parte 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)

CRITICALCivil cases

Pleadings concerning expedited relief or matters set for hearing within seven days of filing must be served so opposing parties receive them the same day they are filed, except for the stated documents or as otherwise permitted by court order.

Service of Pleadings for Expedited Relief. Any Pleadings that relate to requests for expedited relief or to matters set for hearing within seven days of filing (other than original applications and petitions and accompanying applications for temporary restraining order) 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, unless otherwise permitted by court order.

CRITICAL

Applies to

Attorney withdrawal motion

A copy of the withdrawal motion must be served on all counsel of record.

A copy of the motion shall be served upon all counsel of record.

CRITICALCivil cases

The withdrawing attorney must forward the post-withdrawal letter to all counsel of record and the Clerk.

The withdrawing attorney shall forward a copy of such letter to all counsel of record and to the Clerk.

CRITICAL

Except for original petitions and accompanying temporary restraining order applications, papers relating to expedited relief or matters set for hearing within seven days must be served so all opposing parties receive them on the filing day.

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 I 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.

CRITICAL

For applications for a temporary restraining order or other ex parte relief, counsel must notify the opposing party and provide the application and proposed order at least two hours before presentation, unless a certificate stating one of the specified grounds is filed.

a) Counsel presenting any application for a temporary restraining order or other ex parte 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. 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.

CRITICALCriminal cases

Applies to

Writ of habeas corpus

For an at-large original capias warrant bond request, the Defendant must notify the State of the Writ and request that it retrieve the Defendant’s criminal history and the Probable Cause Affidavit.

b). Notify the State of the Writ and request that the State retrieve the Defendant’s criminal history and the Probable Cause Affidavit

CRITICALCivil cases

Service

Mail

(c) In the event the client has not consented, a copy of such motion shall be mailed by certified and by regular first class mail to the client at his or her last known address, 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.

(c) In the event the client has not consented, a copy of such motion shall be mailed by certified and by regular first class mail to the client at his or her last known address, 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.

CRITICALCivil cases

Applies to

Suggestion of bankruptcy

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 and serving copies on all Counsel of record.

CRITICAL

Applies to

Attorney withdrawal motion

Service

Mail to opposing party

If the client has not consented to withdrawal, a copy of the motion must be mailed to the client at the last known address by certified and regular first-class mail.

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,

CRITICALCivil cases

Deadline

2 business days

When the Court directs counsel to prepare an order after a contested hearing, counsel must tender it to opposing counsel at least two business days before submitting it to the Court.

Should the Court notify Counsel of its decision at any time following the hearing on any contested matter and direct Counsel to prepare one or more orders for submission to the Court, any such order shall be tendered to opposing Counsel at least two business days before it is submitted to the Court.

CRITICALCriminal cases

Applies to

Writ of habeas corpus

For a request to modify bond conditions, the Defendant must notify the State of the Writ and request that it retrieve the Defendant’s criminal history and the Probable Cause Affidavit.

c). Notify the State of the Writ and request that the State retrieve the Defendant’s criminal history and the Probable Cause Affidavit

CRITICAL

Bankruptcy notice must be made by filing a Suggestion of Bankruptcy with the Court clerk and serving copies 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.

CRITICAL

To stay the deposition pending determination, the motion to quash must be served on opposing counsel or parties no later than the third day the courthouse is open after delivery of the deposition notice.

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.

CRITICALCivil cases

Applies to

Post withdrawal letter

Service

Mail

(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

(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

CRITICAL

Service

Mail

After leave to withdraw is granted, the attorney must mail the letter to the client and forward a copy to all counsel of record and the court clerk.

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, and shall forward a copy of such letter to all counsel of record and to the Clerk of the Court in which the case is pending.

CRITICALCivil cases

To obtain a stay of the deposition pending determination of the motion to quash, the motion must be served on opposing counsel by the third day the courthouse is open after delivery of the deposition notice.

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.

WARNING

Applies to

Motions and pleadings

The lawyer commits not to serve motions or pleadings in a way 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.

WARNING

A notice or communication directed to an attorney using the contact information on record with the District Clerk is deemed received.

Any notice or communication directed to the attorney at the address, telephone, or fax number indicated in the records of the District Clerk will be deemed received.

WARNINGCivil cases

Service

Mail

Delivery by mail is presumed to occur on the third business day after mailing.

Delivery by mail is presumed to be the third business day following mailing.

WARNINGCivil cases

For this rule, delivery to counsel is dated on actual receipt unless received after 5:00 p.m., in which case delivery is deemed to occur on the next day the courthouse is open.

For purposes of this Local 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, 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.

WARNINGCivil cases

Service

Mail

A self-represented litigant's failure to accept delivery or collect mail sent to the provided address is constructive receipt; that receipt may be established by a certified- or registered-mail receipt or comparable proof of delivery.

Failure to accept delivery or to pick up mail addressed to an 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.

WARNING

Service

Mail

A self-represented litigant's failure to accept delivery or collect mail sent to the provided address is constructive receipt, which may be established by a postal 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.

WARNING

Service

Mail

Delivery by mail is presumed to occur on the third business day after mailing.

Delivery by mail is presumed to be the third business day folloWing mailing.

WARNING

The lawyer commits to delivering copies of orders to opposing counsel before or at the same time they are submitted to the Court.

I will deliver copies to opposing counsel before or contemporaneously with submission to the Court.