Denton County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Audio video file

Submit the modified audio/video copy in addition to the original, and generate it in a format supported by at least one listed media player.

The modified copy (submitted in addition to the original audio/video) must also be generated in a format supported by at least one media player listed in these standards.

CRITICAL

Applies to

Probation terms and social history

Respondent's counsel must obtain the probation terms, if applicable, and social history from Probation.

To Respondent's counsel: Obtain the probation terms (if applicable) and social history from Probation.

CRITICAL

Applies to

Proposed order or judgment submission

When submitting a non-agreed proposed order or judgment, the proponent must certify service on all counsel and describe the substance of counsel’s communications about its form.

at the time of submission , the proponent shall certify to the Court that the proposed order or judgment was served on all counsel and describe to the Court the substance of all communications received from all counsel regarding the form of the order or judgment;

CRITICAL

Applies to

Hearing notice

After obtaining a hearing date and time, moving counsel must immediately give all counsel written notice stating the date, time, and subject matter and provide a copy to the Court Administrator.

On obtaining a date and time for a hearing , the moving counsel shall immediately notify all counsel in writing as to the date, time , and subject matter of the hearing . The moving counsel shall provide a copy of the notice to the Court Administrator.

CRITICAL

Applies to

Document

All documents must comply with the Texas Rules of Civil Procedure requirements concerning sensitive data.

All documents must comply with the requirements of the TRCP on sensitive data.

CRITICAL

Applies to

Motion or contemporaneous letter

Must include

certificate of conference

The conference certification must be signed by moving counsel and substantially follow the supplied form, addressing either efforts to confer or diligent unsuccessful attempts with contact details.

This said certification must be signed by moving counsel. The certification must conform substantially to the following : CERTIFJCATE OF CONFERENCE "I, the undersigned attorney or self-represented party, hereby certify and represent to the Court that: 1. I have conferred with opposing counsel or opposing party (if self- represented) in an effort to resolve the issues contained in this motion witho.ut the necessity of Court intervention; or 2. After diligent attempts, I was unable to confer with opposing counsel. I attempted to contact opposing counsel at the following times and on the following dates: {Insert Applicable paragraph below) On _ _ _ , at __ (time) I left a specific message with _____ , an individual in the office of opposing counsel , that the purpose of my call was to attempt to resolve the issues contained in this motion without the necessity of Court intervention . OR I was unable to leave a message as to the purpose of my call because [describe efforts or issues] ."

CRITICAL

Applies to

Vacation letter

An attorney of record who will be unavailable for court appearances due to vacation must file a vacation letter with the Clerk.

If an attorney will be unavailable for Court appearances due to a vacation, the attorney of record shall file a vacation letter with the Clerk and shall serve all attorneys of record and parties with the vacation letter.

CRITICAL

Applies to

Pleading motion order or other document

Pleadings, motions, orders, other documents, and attached exhibits must have descriptive titles when offered for filing or entry.

All pleadings, motions, orders and other documents, including exhibits attached thereto, when offered for filing or entry, shall be descriptively titled.

CRITICAL

Applies to

Motion to substitute counsel

If the Defendant or Respondent is already represented, the newly retained attorney must file a Motion to Substitute Counsel with appropriate signatures in the motion or proposed order.

If the Defendant/Respondent is currently represented by another attorney, including a court-appointed attorney, the newly retained attorney shall also file a Motion to Substitute Counsel with the appropriate signatures in the Motion or the proposed Order granting the substitution.

CRITICAL

Applies to

Motion to withdraw

A withdrawal motion filed at least 45 days before a scheduled final hearing may proceed without a hearing if it contains the client’s written and signed consent.

A motion to withdraw filed at least 45 days before the date scheduled for a final hearing does not require a hearing if the motion contains the client's written and signed consent to the withdrawal .

CRITICAL

Applies to

Order granting withdrawal

The order granting withdrawal must include all settings and pending deadlines.

The order granting the withdrawal must be sent to the client and shall contain all settings and pending deadlines.

CRITICALCivil cases

Applies to

General citation

The General Citation must substantially comply in form with Texas Estates Code section 51.003.

It is ORDERED that the contents of the General Citation sha ll be in a form that substantially complies with TEC §5 l.003.

CRITICAL

Applies to

Ex parte application

Every application for ex parte relief must include a written certification by the party or attorney substantially following one of the stated forms, including the applicable representation or notice-and-conferral statements.

All applications for ex parte orders or relief shall be accompanied by a written certification from the party or attorney substantially in one of the following forms: ATTORNEY' S CERTIFICATE FOR EX PARTE RELIEF "I, the undersigned attorney or party, hereby certify and represent to the Court that: 1. To the best of my knowledge, no attorney is representing the opposing party in this matter at this time and no attorney has contacted me regarding the representation of the opposing party prior to filing this request for ex parte relief; OR, 2. Prior to presenting this request for ex parte relief to the Court for approval, I contacted all attorneys of record and/or all attorneys that have contacted me as to their representation of the opposing party, transmitted a copy of the pleadings and proposed order as the requested ex parte relief, and notified them of the time and place that I would be presenting this requested ex parte relief to the Court, AND: After conferring, no attorney of record wishes to be heard prior to the presentment of this request for ex parte relief; or, After conferring, no agreement could be reached as to this request for ex parte relief, and such counsel or party stated that they would be present at ____ (time) on _ _ _ _ _ _ _, _ _ (date), in the _ _ Judicial District Court to be heard on this matter prior to the Court signing any order for ex parte relief; or, I was unable to confer with opposing counsel and left a message with ____________, an individual in the office of opposing counsel, that I would present the request for ex parte relief at _ _ _ (time) on _ _ _ _ _ _ , _ _ (date), in the _ _ Judicial District Court and they should be present at such time if they wished to be heard on this matter prior to the Court signing any order for ex parte relief; or, After diligent attempts, I was unable to confer with opposing counsel and was further unable to leave a message with any individual in the office of opposing counsel regarding the presentment of this request for ex parte relief."

CRITICAL

All parties must provide the clerk with a current physical and/or mailing address until the Court orders the case closed.

e. All parties are required to provide a current physical and/or mailing address to the clerk until the case is ordered closed by the Court.

CRITICAL

Applies to

Bankruptcy notice

The bankruptcy notice must identify the bankruptcy court and case, the filing date, and the bankrupt party’s counsel’s name and address.

within 3 days of • any bankruptcy filing, to provide written notice to the affected court(s) and all counsel that a bankruptcy has occurred giving the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing and the name and address of counsel for the bankrupt party.

CRITICAL

Applies to

Evidence

Before the hearing, each party must provide the judge and opposing counsel any evidence it wants considered in support of its position.

Prior to the hearing, the parties will get me and opposing counsel any evidence they wish for me to review in support of their respective positions.

CRITICAL

Applies to

Expert ad litem appointment agreement

An agreement for the Court to appoint an expert or ad litem must be submitted in writing, signed by all attorneys, and presented to the Court for consideration.

An agreement by the parties for appointment by the Court of a person as an expert/ad litem shall be submitted in writing to the Court, signed by all attorneys, and shall be considered by the Court.

CRITICAL

Applies to

Trial setting request

When requesting a trial setting, counsel must inform the Court of the estimated trial time and make a good-faith estimate after consulting all parties and considering the anticipated evidence and witness examination.

When requesting a trial setting , counsel shall inform the Court of the estimated time for trial. Counsel shall make a good faith estimate of the time required after consulting all parties and considering proper examination of witnesses , introduction of exhibits, and cross-exam ination and rebuttal of witnesses reasonably anticipated to be called by all parties.

CRITICAL

Applies to

Subpoena

The court clerk must include a copy of these orders with each subpoena issued by the Court.

The court clerk shall include a copy of these orders to each subpoena being issued out of this Court.

CRITICAL

Applies to

Notice of hearing

A fiat must be filed separately as a Notice of Hearing, not as part of the pleading, and must identify the associated pleading.

Fiats must be filed as a separate Notice of Hearing and cannot be part of the pleading. It must contain the name of the pleading to which it is associated-for example, Notice of Hearing on Motion for Continuance.

CRITICAL

Applies to

Expert ad litem appointment notice

The written notice to the expert or ad litem must include a copy of the appointment order and the names, addresses, and telephone numbers of all attorneys, parties, and other persons affected by or subject to the case.

All attorneys in the case have the affirmative duty to give written notice to the expert/ad litem of the appointment within 7 days of the appointment, which includes providing the expert/ad litem with a copy of the order and the names, addresses, and telephone numbers of all attorneys, parties, and other persons affected by or the subject of the case. This Section will not apply to ad litems appointed pursuant to the Texas Health Code§ 574.003.

CRITICAL

Applies to

Inventory

The required inventory must be signed under oath and list and value all property owned or claimed by either or both parties, as well as all debts and liabilities with the creditor and amount.

In contested divorce cases each party shall send to opposing counsel, not later than 60 days from Respondent's appearance but in no event less than 30 days prior to a final trial setting, an inventory, signed under oath by that party, setting forth a description and value of all property (real and personal, community and separate) owned or claimed by either or both of the parties and a list of all debts and liabilities (stating the creditor and amount) owed by either or both parties.

CRITICAL

Applies to

Adjudication packet

The adjudication packet must be completed for the Jury Trial Announcement.

Adjudication Packet must be completed.

CRITICAL

Applies to

Document

A filed document must not contain malware or viruses.

A document must not contain any malware or viruses.

CRITICAL

Applies to

Subpoena

A subpoena for a Remote Hearing must include the specified Zoom appearance notice.

A subpoena issued to a witness to appear at a Remote Hearing shall include the following notice: ¿This matter is set for hearing by remote appearance via Zoom. To appear at the hearing via Zoom, obtain a free Zoom account at https://zoom.us/download. If you intend to appear by phone, you may download a free Zoom app at https://apps.apple.com/us/app/id546505307 (Apple) or https://play.google.com/store/apps/details?id=us.zoom.videomeetings (Android). YOU ARE PROHIBITED FROM DISCLOSING ANY ZOOM MEETING ID. NUMBER PROVIDED TO YOU TO ANY PERSONS NOT A PARTY OR AN ATTORNEY OF A PARTY TO THIS SUIT. IF YOU FAIL TO APPEAR AT THE ZOOM HEARING, YOU COULD BE HELD IN CONTEMPT OF COURT FOR FAILURE TO APPEAR."

CRITICAL

Applies to

Motion

Must include

proposed order

A party seeking this transfer must file a motion and proposed order.

A party seeking to transfer to the Court a cause of action pending in a district, county, or statutory county court under the Texas Estates Code must file a proper motion and proposed order.

CRITICAL

Applies to

Trial setting request

Except for appeals from the J.P. Court, a trial-setting request must be written and represent that the case will be ready for trial.

Cases will be set for trial by the Court upon written request and representation of the requesting party that the case will be ready for trial, except for appeals from the J.P. Court.

CRITICALCivil cases

Applies to

Objection or request for hearing

For a matter set for trial or jury trial on the Associate Probate Judge’s docket and specifically referred in advance with notice, objections and requests for a hearing before the Presiding Probate Judge must be written and filed by the tenth day after notice.

With respect to any matter that has been set for trial on the merits or jury trial by the Probate Court on the Associate Probate Judge' s docket and specifically referred to the Associate Probate Judge' s docket in advance with notice to Counsel and/or parties; any objections to referral or to proceeding before the Associate Probate Judge or requests for hearing of a matter to be set on the Presiding Probate Judge' s docket must be in writing, and filed not later than the tenth day after the Counsel or party receives notice that the Associated Probate Judge will hear the trial. (Tx. Govt. Code §54A.207(c)) .

CRITICAL

Applies to

Document

Every document must include the filer’s name, address, phone number, and email address in the signature block.

All documents must contain the filer' s complete contact information m the signature block, including the filer' s name, address, phone number, and email address.

CRITICAL

Applies to

Trial setting objection

An objection to a trial setting is ineffective unless the objecting party requests a hearing on it.

An objection to a trial setting under Section 2.8.3 of this Rule is ineffective unless the objecting party requests a hearing on the objection.

CRITICAL

Applies to

Motion

Must include

certificate of conference

An opposed motion must include an attached certificate of conference, or substantially similar language, signed by the designated lead attorney or pro se party.

If the motion will be opposed, the following certificate (or language substantially similar thereto) shall be attached to the motion and signed by the designated lead attorney (or pro se party):

CRITICAL

Applies to

Guardian ad litem report

Unless the Court directs otherwise, a guardian ad litem must file a written report by the date established by the Court.

Except as otherwise directed by the Court: (3) a guardian ad litem is required to file a written report not later than the date established by the Court; and

CRITICAL

Applies to

Non guardianship attorney ad litem report

Unless the Court directs otherwise, an attorney ad litem in a non-guardianship proceeding must make a written report.

Except as otherwise directed by the Court: (2) an attorney ad litem in a non-guardianship proceeding is required to make a written report;

CRITICAL

Applies to

Notice of deposition

A written deposition notice must include the specified conference statement.

Any written notice of deposition shall state as follows: "A conference was held (or attempted) with the attorney for opposing party to agree on a date, time, place, and materials to be furnished. Agreement could not be reached (or counsel will not respond) and the deposition is therefore being taken pursuant to this notice (or agreement was reached and this notice complies with the agreement)."

CRITICALCivil cases

Applies to

Small estate affidavit

For court approval, a Small Estate Affidavit filed after September 1, 2017 must substantially comply with the form and content provided on the Denton County Probate Court website.

It is therefore ORDERED that in order to be approved by the Court a Small Estate Affidavit filed after September I., 2017 must substantially comply with the form and content of the Small Estate Affidavit provided on the Denton County Probate Court's website .

CRITICAL

Applies to

Non jury hearing request

A request for a non-jury hearing must include an estimate of the time required.

A request for a non-jury hearing must include an estimate of the hearing time required for the matter being set.

CRITICAL

Applies to

Proposed order or judgment

When all counsel agree on a proposed order or judgment’s form, all counsel must sign it.

If all counsel agree to the form of the proposed order or judgment: (i) all counsel must sign the order or judgment;

CRITICAL

Applies to

Motion to withdraw

For a withdrawal motion requesting substitute counsel to proceed without a hearing, it must be filed at least 45 days before a scheduled court date, contain the client’s written and signed consent, and be accompanied by the substituting attorney’s appearance.

A motion to withdraw that includes a request to substitute another attorney does not require a hearing if: (1) the motion is filed at least 45 days before a scheduled court date, including a final hearing ; (2) the motion contains the client's written and signed consent to the withdrawal ; and (3) the substituting attorney makes an appearance pursuant to Tex. R. Civ. P. 10 and Tex. R. Civ. P. 57 .

CRITICALCivil cases

Applies to

De novo hearing request

A party may request a de novo hearing by filing a written request with the referring court’s clerk no later than the seventh working day after receiving notice of the substance of the Associate Probate Judge’s order or report.

Pursuant to Government Code 54A:216 (a) a party may request a de nova hearing before the referring court by filing with the clerk of the referring court a written request not later than the seventh working day after the date the party receives notice of the substance of the Associate Probate Judge's Order and/or Report as provided by Texas Government Code § 54A.212.

CRITICAL

Applies to

Final judgment or order

The final judgment or order submitted after a settlement announcement must be signed by all attorneys.

If trial is passed on the basis of an announcement of settlement, a final judgment or order signed by all attorneys shall be submitted to the Court not later than 30 days after the passed setting.

CRITICAL

Applies to

Proposed order response

The opposing party must approve the proposed order as to form or file specific written objections with the Court.

The opposing party must either approve the proposed order as to form or file specific objections in writing with the Court.

CRITICAL

Applies to

Motion to withdraw or order

The withdrawal motion and/or order must contain the client’s mailing address, telephone number, and email address.

Additionally , the Court requires that the client's mailing address, telephone number, and email address be contained in the motion and/or order in order to ensure continued communication to the party.

CRITICAL

Applies to

Plea paperwork

Respondent's counsel must obtain the specified plea paperwork from the State.

Obtain the plea paperwork (Stipulation of Evidence, Discovery Stipulation, Order of Adjudication/Modification/Disposition) from the State.

CRITICAL

Applies to

Certification

Must include

ai disclosure

Attorneys and self-represented litigants must sign and submit the attached AI certification, whether or not they use AI, confirming human verification of AI-contributed material and acknowledging responsibility and potential sanctions for noncompliance.

All self-represented litigants and attorneys whether or not they say they utilize any form of artificial intelligence for legal research, drafting, or analysis in connection with a case before this Court shall sign and submit the attached certification form, stating that: 1. All language, quotations, sources, citations, arguments, and legal analysis created or contributed to by generative artificial intelligence were, before submission, verified as accurate through traditional (non-AI) legal sources by a human being; and, 2. The attorney or self-represented litigant submitting such information understands and acknowledges that they are and will be held responsible and potentially sanctioned for their own, their staffs, or their co-counsel' s failure to comply with this Order.

CRITICAL

Applies to

Motion or letter

Must include

certificate of conference

The motion or letter submitted to obtain a hearing must contain a certification substantially stating one of the specified conference statements.

1.11.2 No motions, objections, or special exceptions will be set for hearing unless the moving party shall have certified in such motion or in a ktter substantially the following: "A conference was held on (date) with (name of attorney for opposing party) on the merits of this motion. A reasonable effort has been made to resolve the dispute without the necessity of court intervention and the effort failed. Therefore, it is presented to the Court for determination." OR "A conference was not held with (name of attorney for opposing party) on the merits of this motion because (explanation of inability to confer)."

CRITICALCivil cases

Applies to

Attorney ad litem fee payment

The Clerk holds retainer deposits for attorney ad litem fees, payable upon a proper order taxing the fees as costs and filing an Order for Mandatory Report of Judicial Appointment and Fees.

The aforementioned Retainer Deposits shall be held by the Clerk of the Court for the payment of the fees of the attorney ad litem upon a proper order directing the taxing of the same as costs in the proceeding and the filing of an Order for Mandatory Report of Judicial Appointment and Fees.

CRITICAL

Applies to

Electronically filed document

By e-filing a document, the e-filer certifies that it has been checked and is free of malware and viruses.

Thee-filing of a document constitutes certification by the e-filer that the document has been checked and is clear of any malware or viruses.

CRITICAL

Applies to

Affidavit

The specified affidavits must be filed with the Clerk, but their attachments must not be filed.

The following Affidavits shall be filed with the Clerk in accordance with the Texas Rules of Civil Procedure and the Texas Civil Practice and Remedies Code; however, the attachments shall not be filed :

CRITICAL

Applies to

Motion

Must include

proposed order

An unopposed motion must be accompanied by a proposed order signed by all counsel to indicate approval.

If not opposed, the moving party shall accompany the motion with a proposed order signed by all counsel indicating approval of same.

CRITICAL

Applies to

Pleading

A represented party’s pleading must be signed by an attorney of record and include that attorney’s State Bar number, address, telephone number, and email address.

Every pleading of a party represented by an attorney shall be signed by at least one attorney of record in the attorney' s name, with the attorney's State Bar of Texas identification number, address, telephone number, and e-mail address.