Denton County District Courts Document Filing Requirements

Applies to

Notice of hearing

The Court Administrator's specific instructions must be attached to the notice of hearing, and the notice will be rejected if they are omitted.

The Court Administrator will respond with confirmation of the setting and the Court’s instructions which are required to be attached to the notice of hearing. If the specific instructions are not attached to the notice, the notice will be rejected.

Applies to

Pleading

Pleadings must use each child’s full name in both the case style and body, not the child’s initials.

Do not use children’s initials in pleadings. Use children’s full names in the style of the case and in the body of the pleadings. The Family Code requires that children’s names be used.

Applies to

Notice of hearing

Any notice requiring a signature must identify Judge/Court Administrator in its signature block.

If a notice will require a signature, please use Judge/Court Administrator in the signature block.

Applies to

Pleading

Pleadings must use each party’s full name in both the case style and body, not the party’s initials.

Do not use parties’ initials in pleadings. Use each party’s full name in the style of the case and in the body of the pleadings. The Family Code requires that parties’ names be used.

Applies to

Motion

A motion must be filed before hearing dates can be obtained.

(note, you must have a motion in order to obtain hearing dates).

Applies to

Notice of hearing

After the Court Administrator confirms a hearing date, electronically file a notice of hearing or order to appear with the date and time completed.

For a Hearing: your notice of hearing or order to appear with the date and time filled in.

Applies to

Scheduling order

After a final trial is set, file a notice of hearing or order to appear with the date and time completed and the court’s applicable Scheduling Order with every deadline entered as an actual date; no other Scheduling Order is accepted.

For a Final Trial: your notice of hearing or order to appear with the date and time filled in AND the court’s applicable Scheduling Order located on the Court’s website with all deadlines filled in with actual dates (do not write per TRCP). No other Scheduling Order will be accepted.

Applies to

Scheduling order

After a jury trial is set, use the court’s applicable Scheduling Order from the court’s website with all deadlines entered as actual dates; no other Scheduling Order is accepted.

For a Jury Trial: the court’s applicable Scheduling Order located on the Court’s website with all deadlines filled in with actual dates (do not write per TRCP). No other Scheduling Order will be accepted

Applies to

Exhibit list

Submit the completed Exhibit List from the court’s website for every hearing.

The completed Exhibit List located on the Court’s website must be submitted for each and every hearing.

Applies to

Premarked exhibits

Submit pre-marked identification exhibits to the Court Reporter on a USB drive, serve all other parties under the Denton County Local Rules, and provide hard copies for the Judge and witness stand.

All pre-marked for identification exhibits must be submitted to the Court Reporter on a USB drive (and served upon all other parties in accordance with the Denton County Local Rules) AND hard copies must be provided for the Judge and the witness stand.

Applies to

Witness list

Submit the completed Witness List from the court’s website for every hearing.

The completed Witness List located on the Court’s website must be submitted for each and every hearing.

Applies to

Summary of requested relief

A Summary of Requested Relief is required, with additional copies provided to opposing counsel or the self-represented litigant and the Court Reporter at the hearing or final trial.

The Court requires a Summary of Requested Relief be provided and additional copies given to opposing counsel or self-represented litigant and the Court Reporter at the time of the hearing or final trial.

Applies to

Inventories and appraisements

The parties must exchange inventories and appraisements before the final hearing in original divorce proceedings and provide copies to the judge at the final hearing.

The Court requires Inventories and Appraisements be exchanged between the parties prior to final hearings in original divorce proceedings. In addition, she requires copies be provided to her at the time of the final hearing.

Applies to

Proposed order

A proposed order for a DCAP mediation must include the completed Exhibit A for each party or it will be rejected.

If they are not, the proposed order will be rejected.

Applies to

Letter

After mediation is completed, a letter notifying the court of whether the case was settled, partially settled, or at impasse must be filed.

Once mediation has been completed, please file a letter notifying the Court of the outcome (settled, partially settled, impasse).

Applies to

Tax suit submission

Must include

proposed order

Uncontested tax suits are accepted only by submission, and the submission must include a proposed order and a statement of evidence.

Accepted by submission only. Please submit proposed order and statement of evidence.

Applies to

Exhibit list

The quote identifies all documentary evidence and exhibits and refers users to the Exhibit List on the Court’s website at 442nd District Court.

All documentary evidence and exhibits. The Exhibit List located on the Court’s website at 442nd District Court.

Applies to

Witness list

Each party must provide the completed Witness List from the court's website.

A completed Witness List. The completed Witness List located on the Court’s website at 442nd District Court.

Applies to

Trial summary

Each party must provide a concise trial summary identifying each cause of action or defense, its elements, and an applicable damages standard.

A concise trial summary as follows: State each separate cause of action and/or defense; each element of each cause of action and/or defense; if appropriate, a precise legal standard for measure of damages. Please be as brief and concise as possible. This summary is intended to be an aid for the Judge and staff and should be limited to one page if possible. No formal headings or styles are required. Reference to case law and statute may be included.

Applies to

Jury instructions

Parties must submit proposed jury instructions and issues in the form presented to the jury, cite authority for each question or instruction, omit judicial signature blocks, and follow the current rules and pattern charges.

The proposed jury instructions and issues. The jury charge must be submitted in Word format in exactly the same form as it would be presented to the jury. However, please cite your authority or source at the end of each question or instruction. Please do not include signature blocks for the Judge to grant, deny or modify any requested definition, instruction or question. The proposed charge should follow the current edition of the TEXAS RULES OF CIVIL PROCEDURE and the applicable TEXAS PATTERN JURY CHARGES.

Applies to

Proposed order

Must include

proposed order

Each party must provide the proposed order on a motion in limine or another pretrial motion.

The proposed Order on Motion in Limine or other proposed orders on pre-trial motions.

Applies to

Expert witness challenge

Affidavits, deposition excerpts, and all supporting evidence must be filed with the expert challenge.

Affidavits, deposition excerpts and all evidence for the prima facie challenge to an expert or expert testimony must be filed with the challenge.

Applies to

Cps scheduling order

A court-created CPS Scheduling Order is mandatory in every CPS case, will be entered at the status hearing, and may not be edited.

5. The Court has created a CPS Scheduling Order. It is required for ALL CPS cases. It will be entered at the Status hearing. No other language is permitted to be edited.

Applies to

Proposed order

Must include

proposed order

ADAs must provide all counsel with Proposed Orders for statutory hearings, with the next hearing date filled in, no later than the Monday before the hearing.

1. ADAs shall provide the Proposed Orders for statutory hearings to ALL Counsel no later than the Monday before the hearing with the date of the next hearing filled in.

Applies to

Attorney ad litem selfie

Attorney ad litem selfies must be taken with the child or children during each visit.

In an effort to ensure that the statutes governing Attorney Ad Litem Appointments are being followed, the 442nd District Court requires that selfies are taken with the child(ren) at each visit.

Applies to

Respondent waiver or answer prove up affidavit and agreed final decree

Beginning on the 61st day after the original divorce petition is filed, the Respondent’s waiver or answer, prove-up affidavit, and completed agreed final decree must be filed.

On the 61st day after filing the original petition for divorce or any time thereafter, please file the waiver or answer for the Respondent, the prove up affidavit, and the completed agreed final decree of divorce.

Applies to

Respondent answer or waiver of service

For an agreed divorce, the Respondent’s Answer or Waiver of Service must be on file if citation and the petition are not being served legally.

In agreed divorces, there must be an Answer or Waiver of Service on file for the Respondent if you will not be legally serving them with citation and the petition.

Applies to

Default prove up appearance

A litigant in a default divorce must appear for the prove-up, either on the designated Tuesday at 8:30 a.m. or at a scheduled setting obtained by email.

In default divorces, appearance for a prove up is required. You may appear on the designated Tuesday at 8:30 a.m. in the courtroom or you may email the Court Administrator to receive a scheduled setting for a default prove up.

Applies to

Adult name change petition and order decree

For an adult name change, the completed verified petition with an attached fingerprint card must be filed with the District Clerk, followed by a separate completed order or decree.

Adult: File the completed verified Petition with attached fingerprint card with the District Clerk and file a separate completed Order/Decree.

Applies to

Child name change petition consent and order decree

For a child’s name change, both parents must sign the verified petition and order or decree, and a signed consent of the child is required when the child is over 10.

Children: File the completed verified Petition signed by BOTH parents. File the signed Consent of the Child if the child is over the age of 10 years old. File a separate completed Order/Decree signed by BOTH parents.

Applies to

Proposed jury instructions

The proposed jury charge must follow the current Texas Rules of Civil Procedure and applicable Texas Pattern Jury Charges.

The proposed charge should follow the current edition of the TEXAS RULES OF CIVIL PROCEDURE and the applicable TEXAS PATTERN JURY CHARGES.

Applies to

Witness list

A completed Witness List obtained from the court's website must be submitted before the pretrial conference.

a. A completed Witness List. The completed Witness List located on the Court’s website at 442nd District Court.

Applies to

Exhibit list

All documentary evidence and exhibits, together with the court's Exhibit List, must be submitted before the pretrial conference.

b. All documentary evidence and exhibits. The Exhibit List located on the Court’s website at 442nd District Court.

Applies to

Trial summary

The required concise trial summary must identify each cause of action or defense, its elements, and, when appropriate, the legal standard for measuring damages.

a. A concise trial summary as follows: State each separate cause of action and/or defense; each element of each cause of action and/or defense; if appropriate, a precise legal standard for measure of damages.

Applies to

Proposed order

Must include

proposed order

The proposed pretrial order must be submitted as a separate document from the motion already on file.

Note that this is a separate document from the motion, which should already be on file.

Applies to

Sworn inventory

Each party's sworn inventory and proposed property division must be presented to the judge as a trial exhibit, with the date at least 30 days before mediation.

Each party shall present their sworn inventory and proposed property division to the Judge as an exhibit at trial. This date must be at least 30 days prior to mediation.

Applies to

Proposed parenting plan

Each party must present the proposed parenting plan to the judge as an exhibit at trial.

Each party shall present their proposed parenting plan to the Judge as an exhibit at trial.

Applies to

Proof of attendance

In the specified family cases, all parties must attend an approved parent education and family stabilization course and file proof of attendance within 30 days after the order.

If this is a contested divorce with children, suit affecting the parent child relationship or suit to modify the parent child relationship, all parties shall attend an approved parent education and family stabilization course pursuant to the Denton County Standing Orders and file proof of attendance within 30 days from the date of this order.

Applies to

Witness list

Each party must provide a completed witness list for the pretrial conference.

A completed Witness List.

Applies to

Pretrial exhibits

Each party must provide all documentary evidence and exhibits, together with the court’s exhibit list, for the pretrial conference.

All documentary evidence and exhibits. The Exhibit List located on the Court’s website at 442nd District Court.

Applies to

Proposed jury instructions

Each party must provide proposed jury instructions and issues for the pretrial conference.

The proposed jury instructions and issues.

Applies to

Pretrial motion

Must include

proposed order

Each party must provide a separate proposed order for each pretrial motion in Word format using the form posted on the court’s website.

The proposed Order on Motion in Limine or other proposed orders on pre-trial motions. The proposed Order on Motion in Limine, etc. must be submitted in Word format in exactly the same form as located on the Court’s Website at 442nd District Court. Note that this is a separate document from the motion, which should already be on file.

Applies to

Order for mediation

Attorneys must execute and file a DCAP Order for Mediation contemporaneously with the scheduling order.

IT IS ORDERED that a DCAP Order for Mediation shall be timely executed and filed by the attorneys contemporaneously with this scheduling order.

Applies to

Certificate for ex parte relief

The filer must certify the applicable ex parte relief circumstances, including opposition-counsel contact attempts and the resulting notice or inability to confer when applicable.

“I, the undersigned attorney or party, hereby certify and represent to the Court that: _______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, ______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 of the requested ex parte relief, and notified them that I would be presenting this requested ex parte relief to the Court BY SUBMISSION and upon the Court's availability, request that the Court provide a date and time certain for appearance on same; AND, ____ After conferring with no attorney of record wishes to be heard prior to the presentment of this request for ex parte relief; or, ____ After conferring with , no agreement could be reached as to this request for ex parte relief, and such counsel or party stated that they wished to be heard/present when I SUBMITTED the ex parte relief to the 442nd Judicial District Court and/or they wished to be heard on this matter prior to the Court signing any order for ex parte relief; Such counsel or party is therefore included on the email to the Court Administrator; or, ____ I was unable to confer with opposing counsel, and left a message with _________, an individual in the office of opposing counsel, on (date) _____________ at (time) _________ and informed him or her that I would SUBMIT the request for ex parte relief to the 442nd Judicial District Court and they should RESPOND by that time if they wished to be heard on this matter prior to the Court signing any order for ex parte relief. Such counsel or party is therefore included on the email to the Court Administrator. Describe contact with individual in law office including phone and email contact: ___________________________________________________ ______________________________________________________________; 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. Such counsel or party is therefore included on the email to the Court Administrator. Describe efforts to contact: ___________________________________________________ __________________________________________________________________

Applies to

Certificate for ex parte relief

The certificate must be dated and signed by the attorney for the petitioner or respondent, as applicable.

SIGNED on __________________, 202__. __________________________________________ Attorney for (strike one) Petitioner/Respondent

Applies to

Proposed order

The proposed Agreed Order Granting Motion for Continuance must include a blank for the reset date.

Please include a blank for the reset date.

Applies to

Agreed final decree

If the litigant cannot determine how to e-file or prepare the prove-up affidavit, the litigant may appear in person on Tuesday at 8:30 a.m. with the completed agreed final decree.

Only if you are unable to determine how to e-file or where to find or how to prepare a prove up affidavit may you appear with your completed agreed final decree of divorce on Tuesdays at 8:30 a.m. in the courtroom to prove up the divorce in person in front of the Judge.

Applies to

Exhibit list

The exhibit list and pre-marked exhibits must be submitted in accordance with the identified standing order, scheduling order, and/or practice tips.

Please submit the list and the pre-marked exhibits according to the Denton County Standing Order Re Evidence, the Court's Scheduling Order and/or the 442nd Court's Practice Tips.

Applies to

Summary of requested relief for final trial

A Summary of Requested Relief for Final Trial must be included.

*Do not forget your Summary of Requested Relief for Final Trial*

Applies to

Prove up affidavit and final decree

A self-represented litigant must independently research how to prepare the prove-up affidavit and final divorce decree.

Please conduct your own legal research on how to prepare a prove up affidavit and final decree of divorce.