Denton County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Ex parte application

An ex parte application must contain a certificate signed by counsel using one of the three specified forms.

Every application for relief ex parte shall contain a certificate signed by counsel in one of the forms set forth below: "I certify that to the best of my knowledge the party against whom relief is sought ex parte is not represented by counsel in the matter made the basis of the relief sought" OR "I certify that counsel for the party against whom relief is sought ex parte has been notified of the application and has stated whether he or she wishes to be heard" OR "I certify that diligent attempts to notify counsel for the party against whom ex parte relief is sought have been unsuccessful and the circumstances do not permit additional efforts to give notice."

CRITICAL

Applies to

Exhibit email

The exhibit email subject line must include the Respondent's initials, cause number, and exhibit number.

In the subject line of the email, include: The Respondent's initials, The cause number, and The Exhibit number; for example "Petitioner's Exhibit 1".

CRITICAL

Applies to

Letter of representation

4.1.1 Attorneys shall file with the applicable court clerk a letter of representation within 3 business days of being retained to represent a Defendant/Respondent.

4.1.1 Attorneys shall file with the applicable court clerk a letter of representation within 3 business days of being retained to represent a Defendant/Respondent.

CRITICAL

Applies to

Attorney fee application

An application for payment of attorney fees must conform to the Court's Standards for Court Approval of Attorney Fee Applications.

An application for payment of attorney fees must conform to the Court's Standards.

CRITICAL

Applies to

Notice of deposition

Before noticing an oral deposition, the initiating attorney must attempt to confer with all counsel about deposition arrangements, and the notice must describe those efforts substantially in the prescribed form; failure to make an adequate attempt is grounds to quash the deposition.

Before noticing an oral deposition , the attorney initiating an oral deposition shall attempt to confer with all counsel to reach an agreement as to date, time, place , and materials to be furnished at the deposition. Failure to make an adequate attempt to confer as required by this subsection is grounds to quash the deposition . A notice of deposition must describe the efforts to reach agreement in a statement that conforms substantially to the following :

CRITICAL

Applies to

Trial materials

When reporting for trial, counsel must deliver a witness list, exhibit list, and any motion in limine to the Court and other counsel, unless the Court orders otherwise.

Except as otherwise ordered by the Court, when reporting for trial counsel shall deliver to the Court and other counsel a -witness list, exhibit list, and any motion in limine.

CRITICAL

Applies to

Pleading

An unrepresented party must sign their own pleadings and state their address, telephone number, and email address.

A party not represented by an attorney shall sign his or her own pleadings, and state his or her address, telephone number, and e-mail address.

CRITICAL

Applies to

Audio video file

When an unsupported audio/video file is converted, submit the original and any hardware and software needed to view or hear it.

The original, any hardware requirements, and software needed to view/hear the original must be submitted as well.

CRITICAL

Applies to

Attorney fee application

A party seeking court approval of attorney fees must file an Application for Payment of Attorney Fees.

A party who seeks approval from the Court for payment for attorney fees for legal services shall file with the Court an Application for Payment of Attorney Fees.

CRITICAL

Applies to

Court setting request or deposition notice

Must include

certificate of conference

Requests for court settings and deposition notices must include a certificate substantially in the form specified in Rule 2.6.2.

Requests of an attorney or party for a court setting and notices for depositions require a certificate substantially in the form as set out in Rule 2.6.2

CRITICAL

Applies to

Proposed order

Proposed orders should not be filed in an initial filing envelope and must instead be filed in a subsequent envelope.

Proposed orders should not be filed as an initial filing/envelope. They must be filed as a subsequent filing/envelope.

CRITICAL

Applies to

Separate order for access to probation records

Access to any other information or record held by Probation requires a separate order allowing access.

Provision of any other information or record in the possession of the Probation shall require a separate Order allowing access to such information or record.

CRITICAL

Applies to

Witness or exhibit

A witness or exhibit not disclosed as required may be offered at trial only with leave of Court.

A witness or exhibit that was not disclosed as required by this subsection may be offered at the trial only by leave of Court.

CRITICAL

Applies to

Certification

Must include

ai disclosure

The certification form states that the signer has reviewed and will comply with the Order, independently verified AI-contributed information before submission, and understands personal responsibility and potential sanctions.

1. I have reviewed and understand the Standing Order Regarding Use of Artificial Intelligence issued by the Denton County Probate Courts, and I will comply with that Order throughout this case. 2. Any information created or contributed to by generative artificial intelligence- including, but not limited to, language, quotations, sources, citations, arguments, and legal analysis- was, before submission to this Court, independently verified as accurate using traditional (non-AI) legal sources by a human being. 3. I understand that I remain personally responsible for all filings and submissions to this Court, and that I may be subject to sanctions under the Texas Disciplinary Rules of Professional Conduct, the Texas Rules of Civil Procedure, the Texas Civil Practice and Remedies Code Chapter 10, the inherent power of the Court, or for contempt of court, for failing to comply with the Court' s Standing Order or this certification.

CRITICALCivil cases

Applies to

Certificate of death

An applicant filing a Small Estate Affidavit after July 9, 2024 must file an original death certificate with the first six digits of the decedent’s Social Security number redacted.

[tis ORDERED that the Applicant(s) filing a Small Estate Affidavit after July 9, 2024 shall also file with the Denton County Probate Clerk an original Certificate of Death, w ith the first six (6) di g its of the Decedent's social security number redacted (XXX-XX-X 123).

CRITICAL

Applies to

Expert ad litem appointment order

A court appointment of an expert or ad litem must be memorialized in a written order stating, to the extent the Court determines, the person’s duties, time limits, and method of compensation.

The appointment of an expert/ad litem by the Court shall be reduced to written order, which order shall state, to the extent determined by the Court, the expert' s/ad litem' s duties, time limits for conducting such acts required of the expert/ad litem, and a method of compensating the expert/ad litem.

CRITICAL

Applies to

Inventory

Inventories must not be filed with the Court unless the Court orders otherwise.

Inventories shall not be filed with the Court except upon order of the Court;

CRITICAL

Applies to

Filing

A document submitted for filing must include the party's address, phone number, fax number, email address, and, if applicable, State Bar of Texas identification number.

d. • A document submitted for filing must include the party's address, phone number, fax number, email address, and State Bar of Texas identification number, if applicable.

CRITICAL

Applies to

Application for ex parte relief

Every application for ex parte relief must include a certificate signed by counsel in one of the forms provided.

Every application for relief ex parte shall contain a certificate signed by counsel in one of the forms set forth below:

CRITICAL

Applies to

Vacation letter

An attorney of record unavailable for vacation must file a vacation letter with the applicable clerk and serve it on all attorneys of record and parties.

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

CRITICAL

Applies to

Filing

Must include

case number

After a cause number is assigned, all filings relating to the case must use that number.

After a cause number has been assigned , all matters relating to that case will be filed using the same cause number.

CRITICAL

Applies to

Certificate of compliance

When a party sends an inventory to opposing counsel or the opposing party, the party must file a certificate of compliance with the District Clerk.

however, when a party sends an inventory to opposing counsel or the opposing party, he/she shall file a certificate of compliance with the District Clerk certifying that the inventory has been sent to the opposing counsel or opposing party.

CRITICAL

Applies to

Hearing notice

Counsel requesting a non-jury hearing must include the time estimate in the notice to the parties.

Counsel requesting the hearing shall include the time estimate in the notice to the parties.

CRITICAL

Applies to

Plea documents and adjudication packet

Respondent's counsel must obtain the client's and parents', guardians', or custodians' signatures on the plea documents and Adjudication Packet.

Obtain signatures on those documents and on the Adjudication Packet (found on the Court's website) from your client and the parents/guardians/custodians.

CRITICAL

Applies to

Social history

The Denton County Probation Department must have the Social History on file at least one week before the hearing.

The Denton County Probation Department shall have the Social History on file at least one week prior to the hearing.

CRITICAL

Applies to

Request for private service

A party requesting authorization for private service must file counsel’s certificate confirming the proposed server is at least 18, is not a party, and has no interest in the case.

The Court will not sign a proposed order authorizing private service under Tex. R. Civ. P. 103 unless_the party requesting private service files a certificate of counsel stating that the individual to be authorized to serve a citation or notice is at least 18 years of age, is not a party, and has no interest in the outcome of the case for which the authorization is sought.

CRITICAL

Applies to

Proposed jury charge

Before any evidence is presented to the jury, each party must present the Court and the other parties with a proposed jury charge for issues on which it bears the burden of proof, unless the Court requires earlier submission.

Before the presentation of any evidence to the jury, the parties shall present to the Court and each other a proposed jury charge for any issue on which the party presenting the charge carries the burden of proof, unless the Court requires the proposed jury charge to be submitted to the Court earlier.

CRITICAL

Applies to

Alternative order or judgment

A party objecting to a proposed order or judgment must prepare and submit an alternative form that specifically states the objections.

a party objecting to the form of the order or judgment must prepare an alternative form of the order or judgment, specifically state the objections to the proponent's order or judgment, serve the alternative form on all counsel , and submit the alternative form to the Court;

CRITICAL

Applies to

Certification

Must include

ai disclosure

Attorneys and self-represented litigants must sign and submit the certification form, whether or not they use AI, affirming human verification of AI-generated contributions and responsibility 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

Must include

proposed order

Each motion must be accompanied by a proposed order.

Each Motion shall be accompanied by a Proposed Order.

CRITICAL

Applies to

Document submitted for filing

The party or the party’s attorney of record must retain the document’s original with its original signature affixed.

The party or the party' s attorney of record shall maintain the original of the document with original signature affixed as required by Section 51.806, Texas Government Code.

CRITICAL

Applies to

Proposed order

A proposed order requiring a form for a law enforcement agency must be submitted with that form.

Any proposed order submitted to this office that requires a subsequent form to be submitted to any law enforcement agency to effectuate the details of the order must be included at the time the proposed order is submitted. Example: TCIC form is required to be submitted at the time of submission of the proposed protective order

CRITICAL

Applies to

Pleadings

A self-represented party must sign their own pleadings and state their address, telephone number, and email address.

A party not represented by an attorney shall sign his or her own pleadings, and state his or her address, telephone number, and e-mail address.

CRITICAL

Applies to

Financial information statement

The financial information statement sent before the first hearing must include income and monthly expense information, two years of tax returns, three months of paystubs, and specified health and dental insurance documents.

Not later than the third day before the first hearing on any matter in a contested divorce case, each party shall send to opposing counsel a financial information statement containing information regarding that parties' income and average monthly expenses, tax returns (including all schedules, W-2s, 1099s, and K-ls) for the past 2 tax years, the party' s paystubs for the past three calendar months, and documents evidencing the existence and monthly cost of health and dental insurance for all children the subject of the suit.

CRITICAL

Applies to

Written permission

Military personnel may receive the summary only if the Respondent has given written permission, a copy of which must be provided to Probation and be satisfactory to Probation.

In this instance, the Respondent must have given written permission for military personnel to have access to the Respondent's juvenile justice information. A copy of the written permission must be provided to Probation and must be satisfactory to Probation.

CRITICAL

Applies to

Trial materials

When reporting for trial, parties must deliver specified trial materials to the Court and other parties; unlisted witnesses and exhibits may be used only with leave of Court.

At the time the parties report for trial, they will deliver to the Court and the other parties a witness list, exhibit list, any motion in limine, and any requested instructions and questions if trial is by jury (on disk, flash drive, or other similar storage device). Any witnesses and exhibits not shown on such list can be used at the trial only upon leave of the Court.

CRITICAL

Applies to

Audio video file

If modifying native audio/video to enhance it, make a copy of the original.

If modifications are needed to enhance the native audio/video, a copy of the original must be made.

CRITICAL

Applies to

Filing

A document submitted for filing must be signed by the party or the party's attorney of record.

c. A document submitted for filing must be signed by the party or the party's attorney of record.

CRITICAL

Applies to

Settlement notice

If a trial is passed based on a settlement announcement, counsel for the party seeking affirmative relief must notify the Court in writing that the case settled and the hearing date is no longer needed.

If the parties reach a settlement and a trial is passed on the basis of an announcement of settlement, the counsel representing the party seeking affirmative relief shall notify the Court of the settlement in writing and that the hearing date is no longer needed.

CRITICAL

Applies to

Bankruptcy notice

When a party to a case pending before the Court files for protection under the bankruptcy laws of the United States, that party shall provide written notice to the Court and all counsel that a bankruptcy filing has occurred. The notice must be filed immediately and not later than five days after the date of the bankruptcy filing and include 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 debtor(s) .

When a party to a case pending before the Court files for protection under the bankruptcy laws of the United States, that party shall provide written notice to the Court and all counsel that a bankruptcy filing has occurred. The notice must be filed immediately and not later than five days after the date of the bankruptcy filing and include 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 debtor(s) .

CRITICAL

Applies to

Proposed order objection

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.

WARNING

Applies to

Request for correction

A request for correction must state its reason and cite any supporting authority.

The request must state the reason and reference any supporting authority as follows:

WARNING

Applies to

Proposed order

For contested matters, the prevailing party should submit a proposed order after notification of the Court's ruling, except for orders tendered at a hearing.

Except for proposed orders tendered at a hearing , proposed orders on contested matters should be submitted by the prevailing party after notification of the Court's ruling.

WARNING

Applies to

Proposed order

Except for proposed orders tendered at a hearing, the prevailing party should submit a proposed order on a contested matter after being notified of the Court's ruling.

Except for proposed orders tendered at a hearing, proposed orders on contested matters should be submitted by the prevailing party after notification of the Court's ruling.

WARNING

Applies to

Dismissal docket or status conference

At a dismissal docket or status conference, attorneys and pro se litigants may be required to furnish signed scheduling orders or proof that citation was issued, as needed.

Upon appearing for one of these settings, attorneys and pro se litigants may be required to furnish signed scheduling orders or proof of issuance of citation as needed.

WARNING

Applies to

Appearance waiver

Respondents and families may waive appearance at the one-appearance hearing if a proper waiver is on file.

Appearance at this hearing may be waived by respondents and families if proper waiver on file.

WARNINGCivil cases

Applies to

Small estate affidavit

Small Estate Affidavits should substantially comply with the form and content of the form posted on the Denton Probate Court website.

Any Small Estate Affidavit filed with the Court should substantially comply with the form and content of the Small Estate Affidavit, which is posted on the Denton Probate Court No . I' s website:

WARNING

Applies to

Dual role ad litem report

Unless the Court directs otherwise, counsel serving in both ad litem roles must make a report only if the guardian-ad-litem portion does not compromise work product or another privilege.

Except as otherwise directed by the Court: (4) counsel serving in a dual role of attorney ad litem and guardian ad litem shall make a report only if the portion of the report relating to the role of guardian ad litem does not compromise the attorney work product or other privilege .

WARNING

Applies to

Notice of hearing

The following form should be used as a otice of Hearing on all matters (except as otherwise required by law): Notice of Hearing "The (Title of Motion) is set for hearing m the ___ Judicial District Court at ____o' clock a.m./p.m. on the ___ day of _ _ _ _ _ __ _ _ __

The following form should be used as a otice of Hearing on all matters (except as otherwise required by law): Notice of Hearing "The (Title of Motion) is set for hearing m the ___ Judicial District Court at ____o' clock a.m./p.m. on the ___ day of _ _ _ _ _ __ _ _ __

WARNING

At a dismissal-docket or status-conference setting, attorneys and self-represented litigants may be required to provide signed scheduling orders or proof that citations were issued, as needed.

Upon appearing for one of these settings, attorneys and self-represented litigants may be required to furnish signed scheduling orders or proof of issuance of citations as needed .