Denton County Courts at Law Filing Timing and Cure Windows

CRITICAL

Electronic submission alone is not an accepted filing; acceptance is complete when the clerk affixes the official date-and-time mark or stamp.

Electronic submission of a document does not constitute an accepted-filing. Accepted-filing is complete when the clerk' s official date and time file-mark or file-stamp is affixed to the document.

CRITICAL

A compliant document submitted through the electronic filing manager is accepted and recognized as the original record when it bears the clerk’s official date-and-time mark or stamp.

A document submitted for filing via the electronic filing manager, compliant with all applicable filing requirements, shall be accepted and will be recognized as the original record for the Court' s file or for evidentiary purposes when the document bear' s the clerk' s official date and time file-mark or file-stamp.

CRITICAL

Unless a document has a specified time-of-day deadline, it is timely filed if electronically filed before midnight in the court's time zone on the deadline.

Unless a document must be filed by a certain time of day, a document is considered timely filed if it is electronically filed at any time before midnight (in the court's time zone) on the filing deadline.

CRITICAL

An electronically filed document is generally deemed filed when transmitted to the filing party's electronic filing service provider, with different deemed-filing dates for weekend or holiday transmissions and documents requiring permission to file.

An electronically filed document is deemed filed when transmitted to the filing party's electronic filing service provider, except: (A) if a document is transmitted on a Saturday, Sunday, or legal holiday, it is deemed filed on the next day that is not a Saturday, Sunday, or legal holiday; and (B) if a document requires a motion and an order allowing its filing, the document is deemed filed on the date that the motion is granted.

CRITICAL

Deadline

72 hours

A filer may copy, correct, and resubmit a filing with its original file date within 72 hours after it is returned for correction.

The filer will have the ability to copy the original filing, make corrections and resubmit the filing with the original file date for a period not to exceed 72 hours from the time the filing is returned for correction.

CRITICAL

An application generally may not be presented to a judge until it has been filed with the clerk and assigned to a court; if that is impossible, it must be filed as soon as possible afterward and the clerk must be notified of the judge’s actions.

No application for action or relief of any kind shall be presented to a judge until the application or case has been filed with the clerk and assigned to a court, unless it is impossible to do so. If it is impossible to file an application or case before it is presented to a judge, then it shall be filed as soon thereafter as possible, and the clerk notified of all actions taken by the judge.

CRITICAL

A filer has three business days to correct a returned document and retain its original submission date, and must use the Texas E-File System copy docket/date feature.

All submitted documents that are returned for correction to the filer will have three (3) business days to make the required correction to receive the original submission date. Filer is required utilize the copy docket/date feature of the Texas E-File System.

CRITICAL

Deadline

1 business days

Clerks generally must act on documents the same business day they are received, or by the end of the next business day when same-day action is impracticable, but need not process filings outside regular business hours or when the office is closed.

Absent extraordinary circumstances, clerks must accept, return for correction, or reject documents as so authorized on the same business day they are received by the clerk's office, and no later than the end of the next business day when circumstances make it impracticable to do so on the same business day. This standard does not require processing filings after regular business hours, on weekends, holidays, or when the clerk's office is closed.

CRITICAL

For an accepted electronically submitted document, the clerk must affix the official date-and-time mark or stamp, and the electronic filing system will confirm acceptance to the filer.

Conversely, when a document submitted electronically for filing is accepted, the clerk shall affix the clerk's official date and time file-mark or file-stamp to the document and the electronic filing manager or eFiling system will provide the filer with confirmation of the accepted filing.

CRITICAL

Applies to

Supporting brief

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

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

CRITICAL

When the clerk finds an electronically submitted document deficient, the clerk must notify the filer as soon as practicable that it will not be filed and explain why.

If a document submitted electronically for filing is found to be deficient by the clerk for any reason, the clerk shall notify the filer as soon as practicable that the document will not be filed and the reason why the document will not be filed.

WARNING

During the attorney's vacation, an order may be submitted under submission only if all parties agree.

If a vacation letter is filed not later than 45 days prior to the start of the attorney's designated vacation , no hearings or trials shall be set in a case during the attorney's vacation , and no orders shall be submitted under submission during the attorney's vacation unless the order is agreed upon by all the parties.

INFO

Parties are not required to submit or divulge proposed exhibits before trial.

This Court will NOT require parties to submit/divulge their proposed Exhibits in advance of trial.

CRITICAL

A party may file a written objection within seven days after receiving a trial-setting request and must request a hearing on the objection.

A party may file a written objection to the request not later than seven days after receiving the request for setting . The objecting party must request a hearing on the objection.

CRITICAL

A guardian ad litem's written report is due by the date established by the Court, unless the Court directs otherwise.

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

Reply brief

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 (3) days before the hearing .

CRITICAL

The Jury Trial Announcement is the last day agreed adjudications will be accepted.

Last day Agreed Adjudications will be accepted.

CRITICAL

A request for an initial trial setting may seek a specific trial week, but the setting cannot be sooner than 75 days after the request.

After consulting with all parties in compliance with Local Rule 2. 9.1, the request may ask for a setting on a specific trial week, but not sooner than 75 days from the date of the request for the initial trial setting.

CRITICAL

If a dismissed action is refiled in a different court within 180 days, a party or the Court may move to transfer it to the first Court within 30 days after an answer is filed, and the transfer shall be granted.

If any action is dismissed by any party or the Court, and is refiled within one hundred eighty (180) days of the date of dismissal and assigned to a different Court, either party or the Court may move within 30 days of the filing of an answer to transfer the case to the first Court and the transfer shall be granted.

CRITICAL

Deadline

1 business days

Signed paperwork must be emailed to the judge and court administrator, or may be dropped off at the Charlie Cole Building, at least one business day before the hearing.

Email all the signed paperwork to the judge and court administrator at least one business day before the hearing. The paperwork may also be dropped off at the Charlie Cole Building at least one business day before the hearing.

CRITICAL

After a trial setting is passed based on a settlement announcement, a final judgment or order must be submitted within 30 days, absent good cause; untimely submission may lead to dismissal for want of prosecution.

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. Absent a showing of good cause, failure to timely submit the judgment shall be grounds for dismissal of the case for want of prosecution.

CRITICAL

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

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

CRITICAL

A pleading seeking immediate relief must be filed with the Clerk before the Court considers it, unless filing beforehand is impossible; in that event, it must be filed as soon as possible and the Clerk must be notified of the Court’s actions.

A pleading requesting immediate action or relief, such as an application for temporary restraining order, receivership, temporary administration , temporary guardianship, or a request to examine the contents of a safe deposit box will not be considered by the Court until the pleading has been filed with the Clerk, unless it is impossible to do so. If it is impossible to file such a pleading before it is presented to the Court, the presenting party shall file the pleading as soon as possible and the Clerk shall be notified of all actions taken by the Court.

CRITICAL

Deadline

3 working days

Except in emergencies, briefs for motions other than summary judgment must be served and filed no later than three working days before the scheduled hearing.

Except in case of emergency, briefs relating to a motion (other than for summary judgment) set for hearing must be served and filed with the District Clerk or County Clerk not later than 3 working days before the scheduled hearing.

CRITICAL

The Social History must be 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

A brief opposing a motion for summary judgment 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;

CRITICAL

Materials for the deferred hearing, except the specified reports and UA results, must be provided to the Court and opposing counsel at least one week beforehand to be considered.

All materials to be considered at the deferred hearing - other than the Approved Supervisor(s)' report of any Orders of Release violations and court-ordered UA results, if any -- must have been provided to the Court and Opposing Counsel at least one week prior to the hearing in order for said materials to be considered at the hearing.

CRITICAL

Counsel may not file an amended pleading later than seven days before trial unless it is treated as a trial amendment under Tex. R. Civ. P. 66; filing requires leave of Court after a motion and notice to all parties.

Counsel may not file an amendment to a pleading later than seven (7) days before the date a case is set for trial. The Court will consider an amended pleading offered for filing later than seven days before the date of trial only as a trial amendment under Tex. R. Civ. P. 66. The amended pleading may be filed only with leave of Court after filing a motion and providing notice to all parties.

CRITICALCivil cases

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 filed no later than 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

Deadline

7 calendar days

Pretrial matters must be filed or raised at least seven calendar days before the relevant trial or hearing, unless the matter is a change-of-venue motion or the Court permits it for good cause.

All Pretrial Matters not filed and/or raised seven calendar days before the trial or hearing date to which the Pretrial Matter pertains will not thereafter be allowed to be raised, except for a "change of venue" motion or except by permission of the Court for good cause shown

CRITICAL

In cases where parties are entitled to notice or service under Tex. R. Civ. P. 21, counsel may submit a non-agreed proposed order or judgment no earlier than 10 days after service, subject to the mailbox rule, unless all counsel agree to an earlier submission.

This subsection applies to the submission of a proposed order or judgment in a case in which parties are entitled to notice or service of pleadings under Tex. R. Civ. P. 21. (2) Absent an agreed order or judgment under subdivision (1) of this subsection: (i) counsel may submit a proposed order or judgment to the Court no earlier than 10 days (mailbox rule applies) after serving that proposed order or judgment on all other counsel, unless all counsel agree to submit the proposed form and alternative forms of the order or judgment before that date;

CRITICAL

An order sustaining a special exception or otherwise requiring an amended pleading grants leave to file it within 20 days after entry, unless the order sets a different deadline.

Notwithstanding subsection (c) , an order sustaining a special exception or taking an action that requires the filing of an amended pleading is considered to grant leave to file the amended pleading not later than twenty (20) days after the date the order is entered unless the order specifies a different deadline.

CRITICAL

Deadline

3 business days

Attorneys must file a letter of representation with the applicable court clerk within 3 business days after being retained to represent a Defendant or 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

Dilatory pleadings must be filed at least 30 days before trial unless a scheduling order or leave of Court provides otherwise.

Except as otherwise specified in a scheduling order or by leave of Court, a dilatory pleading , such as special exceptions or a plea in abatement, must be filed not later than thirty (30) days before a scheduled trial date.

CRITICAL

If no specific objections are filed within five days after submission of a proposed order that was not approved as to form, the Court will presume there are no objections as to form.

If an order is not approved as to form and no specific objections are filed within five (5) days of the submission of the proposed order, the Court will presume that there are no objections as to form .

CRITICAL

The moving party must immediately file written notice of the hearing with the District Clerk or County Clerk after receiving the hearing date and time.

1.11.3 Court Coordinators are responsible for scheduling the dates and times for hearings. Upon receiving the date and time of hearing, the moving party shall immediately notify all other parties in writing as to the date, time, and subject matter of the hearing, and shall immediately file a written notice of hearing with the District Clerk or County Clerk, as applicable. A copy of this communication shall be provided to the Court Coordinator.

CRITICAL

Deadline

3 working days

Applies to

Brief

Except in an emergency, briefs on motions other than summary judgment must be served and filed with the Clerk at least three working days before the scheduled hearing.

Except in case of emergency, briefs relating to a motion (other than for summary judgment) set for hearing must be served and filed with the Clerk not later than three (3) working days before the scheduled hearing .

CRITICAL

If the vacation letter is filed at least 45 days before the vacation begins, no hearings or trials may be set and no Rule 1.13 orders may be submitted during the vacation; existing settings are unaffected.

If a vacation letter is filed not later than 45 days prior to the start of the attorney' s designated vacation, no hearings or trials shall be set in a case during the attorney' s vacation, and no orders shall be submitted under Rule 1.13 during the attorney' s vacation. However, the filing of a vacation letter shall not affect any settings that exist at the time of filing of the letter.

CRITICAL

Agreed adjudications will not be accepted on the jury trial day unless good cause exists.

No Agreed Adjudications will be accepted on jury trial day, except for good cause.

CRITICAL

The bankruptcy notice must be filed immediately and no later than five days after the bankruptcy filing.

The notice must be filed immediately and not later than five days after the date of the bankruptcy filing

CRITICAL

Applies to

Opposition brief

An opposition brief to a summary judgment motion must be filed at or before 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

Deadline

7 working days

A party’s written request for a de novo hearing must be filed by the seventh working day after the party receives 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

A reply brief supporting a motion for summary judgment must be filed and 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 3 days before the hearing.

CRITICAL

A final judgment or order signed by all attorneys must be submitted to the Court within 30 days after the passed trial setting.

A final judgment or order signed by all attorneys shall be submitted to the Court not later than thirty (30) days after the passed trial setting .

WARNING

A deposition notice given fewer than 10 days in advance is presumed unreasonable under the cited rules.

Notice of less than 10 days under Tex. R. Civ. P. 21a and 202.3(a) is presumed to be unreasonable.

WARNING

A vacation letter filed at least 45 days before vacation prevents new hearings or trials from being set during the vacation, but does not change existing settings.

If a vacation letter is filed not later than 45 days prior to the start of the attorney's designated vacation , no hearings or trials shall be set in a case during the attorney's vacation , and no orders shall be submitted under submission during the attorney's vacation unless the order is agreed upon by all the parties. However, the filing of a vacation letter shall not affect any settings that exist at the time of filing of the letter.

WARNING

The Court may hold a properly submitted non-agreed proposed order or judgment for an additional 10 days before considering it, and may act without notice afterward.

a proposed order or judgment submitted in accordance with this subdivision is subject to being held an additional 10 days before the Court will consider the order or judgment, after which the Court may act without notice to the parties

WARNING

If the order is not approved as to form and no specific objections are filed within five days after submission, the Court will presume there are no objections as to form.

If an order is not approved as to form and no specific objections are filed within 5 days of the submission of the proposed order, the Court will presume that there are no objections as to form.

WARNING

A trial-setting request may seek a specific week, but that setting must be at least 45 days after the request unless the Court grants leave or all counsel agree to an earlier date.

When a party believes a case is ready for trial , counsel may request that the case be set for trial by filing a written request with the Court Administrator. The request may ask for a setting on a specific trial week, but no sooner than forty-five (45) days after the date of request, unless leave of Court is obtained or all counsel agree to an earlier setting .

WARNING

The. Court reserves the right to require the parties to present their proposed jury charges ten ( 10) days before the scheduled trial date.

The. Court reserves the right to require the parties to present their proposed jury charges ten ( 10) days before the scheduled trial date.