Judge Dale Tillery
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- After one year on file, a case may only be reset upon a written motion for continuance personally approved by the client in writing and granted by the Court.
- Passing, postponing, or resetting a case requires consent of all parties or notice with opportunity to object; failure to announce readiness constitutes consent.
- Agreed motions for continuance must include a mutually agreed new trial date and conform to Dallas County Local Rules; no hearing is required for cases under one year old, but client sign-off is mandatory for cases 18 months or older.
Request must include
Communication
Clerk
Clerk
Phone
Clerk
Document Format Requirements29 rules
The court uses enterprise-level videoconferencing: Microsoft Teams. The court does not support consumer-level videoconferencing.
Formatting
- •Enterprise-level videoconferencing (Microsoft Teams) required
- •Consumer-level videoconferencing not supported
Parties and witnesses must keep video on at all times and mute only when instructed by the Court.
Court's wording
Parties and witnesses MUST have their video connection on at all times and their microphones should only be muted if instructed to by the Court and Court Reporter, so that they can be heard and seen by the court during all Bench Trial proceedings.
Paper exhibits: All proposed/admitted/offered exhibits should be pre-marked and emailed to the Court Reporter. Paper exhibits should be in PDF format and can be emailed to the Reporter at tina.thompson@dallascounty.org.
- File type
Formatting
- •Exhibits must be pre-marked
- •Email to tina.thompson@dallascounty.org
not be locked;
Formatting
- •Document must not be locked
be in text‐searchable portable document format (PDF);
- File type
Formatting
- •Text-searchable
An e‐filed document may not contain any security or feature restrictions including password protection or encryption and may not contain embedded multi‐media video, audio, or programming.
Formatting
- •No security or feature restrictions
- •No password protection or encryption
- •No embedded multi-media video, audio, or programming
An e‐filed document must be in text‐searchable PDF, using fonts specified in the PDF specification, on 8.5 x 11 page size, with the content appropriately rotated.
- File type
- Paper size
- Letter
Formatting
- •Text-searchable
- •Fonts specified in the PDF specification
- •Content appropriately rotated
Prior to being filed electronically, a scanned document must have a resolution of 300 DPI. Preferably, scanned documents should be made searchable using OCR technology.
Documents may not contain package PDFs. PDFs should not be embedded inside of another PDF. Each document must be a single PDF.
Formatting
- •No package PDFs
Please submit all media exhibits, such as audio recordings, videos, etc., should be submitted on a thumb-drive, or on an SD card, in .wav, .mp3 or .mpeg formats ONLY.
Please submit paper exhibits, such as color photos, emails, letters, reports, etc., that are expected to be presented to the Court Reporter, on a thumb-drive, or on an SD card, in .pdf format ONLY.
- File type
- Exhibits
Document exhibits must be in PDF format and audio/video exhibits in MPEG format, each identical to the exhibit admitted or played at trial.
- File type
- Exhibits
Court's wording
Document exhibits shall be in PDF format and must be identical to the actual exhibit admitted. Audio exhibits (recordings, voicemails or similar ) shall be in MPEG format and shall be identical to the audio played during the trial. Video file exhibits must also be in MPEG format and shall be identical to the video file played during trial.
The parties shall be jointly responsible for ensuring that any audio or video files can be played or viewed on the laptop that will be provided to the jury.
Audio/Visual exhibits: Audio/Visual file names should include the exhibit number and whether it's a video or audio recording. Audio/Visual exhibits can be send to the Reporter via Dropbox - tina.thompson@dallascounty.org.
Formatting
- •File names must include exhibit number and whether video or audio recording
Please check in advance of Bench Trials that your audio and video connections are working.
Formatting
- •Audio and video connections must be verified in advance of bench trials
be directly converted to PDF rather than scanned, if possible;
When possible, the document should be generated directly from the originating software using a PDF distiller.
All information entered into the eFileTexas.gov portal must be completed in all caps! Please do not use lower or mixed case letters.
Document should contain page numbering for the entire filing. When including one or more appendices to a filing, each should be numbered individually and then the entire document should be numbered as a whole.
Formatting
- •Each appendix numbered individually
- •Entire document numbered as a whole
Any e‐filed document filename should contain only alphanumeric characters that are part of the Latin1_General character set. No special characters are allowed and the length of the filename should be restricted to 50 characters.
Formatting
- •No special characters allowed
- •Filename length restricted to 50 characters
All filings must be descriptively titled, pages consecutively numbered in the lower margin through attachments, and orders/judgments filed as separate documents.
Formatting
- •Descriptively titled
- •Consecutive page numbering in lower margin
- •Page numbers continue through attachments/exhibits
Court's wording
All pleadings, motions, briefs, orders and other papers, including exhibits attached thereto, when offered for filing or entry, shall be descriptively titled. Each page of each instrument shall, in the lower margin thereof, be consecutively numbered and titled; e.g., "Plaintiffs Original Petition- Page 2." Page numbers should continue in sequential order through the last page of any attachments or exhibits (i.e. should not re-start with each succeeding document). Any reference to an attachment shall include the sequential page number where the reference can be found. Orders and Judgments shall be separate documents completely separated from all other papers.
Within each folder, each party’s exhibits should be listed sequentially and labelled simply as “Exhibit (insert number)”
- Exhibits
Formatting
- •Exhibits must be listed sequentially and labelled 'Exhibit (insert number)'
No exhibit on the jump drive shall contain any stray markings or writing unless such markings or writing are on the original exhibit admitted into evidence.
The Court requests the parties provide an electronic copy of the proposed charge or findings of fact and conclusions of law so that the documents can be reviewed and considered by the Court, in a word processing format.
- File type
- Word
- Jury instructions
- Proposed findings conclusions
Please submit all media exhibits, such as audio recordings, videos, etc., should be submitted on a thumb-drive, or on an SD card, in .wav, .mp3 or .mpeg formats ONLY.
- Exhibits
Formatting
- •Formats: .wav, .mp3, .mpeg
Please submit paper exhibits, such as color photos, emails, letters, reports, etc., that are expected to be presented to the Court Reporter, on a thumb-drive, or on an SD card, in .pdf format ONLY.
- File type
- Exhibits
Paper exhibits should be in PDF format and can be emailed to the Reporter at tina.thompson@dallascounty.org.
- File type
- Exhibits
Formatting
- •Exhibits must be pre-marked
- •Exhibits must be emailed to the Court Reporter at tina.thompson@dallascounty.org
In a multi-party case, the parties may segregate and list exhibits by party in a format similar to this:
The court uses enterprise-level videoconferencing: Microsoft Teams. The court does not support consumer-level videoconferencing.
Formatting
- •Consumer-level videoconferencing is not supported
Document Filing Requirements78 rules
Virtual room requests must include case number/style, hearing date, docket time, duration, subject, reset status, and participant email addresses.
Court's wording
Provide the following information in your request for the virtual room to be generated/setup from the Court Coordinator: o Cause Number and Case Style? o Date of the hearing? o Time of the docket hearing? o Duration of hearing for ALL sides? o What is being heard on this setting? o Is this request a reset/rescheduled of a previous hearing, which had NOT occurred or taken place? o Email address for all persons expected to participate in the hearing.
When requesting a Reporter's Record, please fill out the 134th Request for Reporter's Record Form and email it to the Reporter at tina.thompson@dallascounty.org
A fiat should be filed as a separate Notice of Hearing and should not be part of the pleading, but should contain the name of the pleading associated to it. For example, Notice of Hearing on Motion for Continuance. The separate notice of hearing should contain a cover letter and/or transmittal sheet as the lead document with the notice of hearing as an attachment.
A case cover sheet should be filed as a separate document from the lead document and not as an attachment to the lead document.
The filing of a motion with the order at the bottom of the motion. You must file a motion as one lead document and a proposed order as a separate lead document. The proposed order should contain a cover letter and/or transmittal sheet as the lead document with the proposed order as an attachment.
- Document
- Motion
Must include
- •Proposed order
The filing of an answer and counterclaim. You must file the answer as one lead document and the counterclaim as a separate lead document.
Attorneys filing a related case must disclose the relationship in the original pleading or a simultaneous filing, and failure to disclose constitutes certification that the case is not related.
Court's wording
The attorney filing a case that is so related to another previously filed case shall disclose in the original pleading or in a separate simultaneous filing that the case is so related and identify by style, case number and Court the related case. If no such disclosure is made, the signature of the attorney filing the case on the original pleading shall be that attorney's certification that the case is not so related to another previously filed case.
If no failure is pointed out, the answering attorney's signature certifies the accuracy of the disclosure or that the case is not related.
Court's wording
In the absence of any such plea, the signature of the attorney filing the original defensive pleading shall be that attorney's certificate either that the disclosure of the attorney filing the case was accurate, or, if no disclosure was made by the attorney filing the case, that the case is not so related to a prior filed or disposed of case.
Attorneys answering a case must point out any failure of the filing attorney to make a proper disclosure of related cases.
Court's wording
The attorney answering any filed case shall point out in the original defensive pleading or in a separate simultaneous filing any failure of the attorney filing the case to have made a proper and accurate disclosure.
Parties must file a Suggestion of Bankruptcy with the clerk and serve copies on counsel within 20 days of receiving notice of another party's bankruptcy filing.
Court's wording
Any party to a pending case shall promptly notify the Court of the filing by any other party of a petition in bankruptcy. 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. The Suggestion of Bankruptcy shall be filed as soon as practicable, but in no event more than 20 days after a party receives notice of the filing of a petition in bankruptcy by any other party.
Counsel presenting a TRO application must certify the case is not subject to transfer under Local Rule 1.06 at the time of presentation.
Court's wording
Counsel presenting any application for a temporary restraining order shall at the time the application is presented further certify that to the best of counsel's knowledge, the case in which the application is presented is not subject to transfer under Local Rule 1.06.
The TRO 2-hour notice requirement is waived if a verified certificate of party or counsel is filed showing irreparable harm is imminent or notice would impair the court's power to grant relief.
Court's wording
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.
Counsel must submit a proposed judgment or dismissal order within 30 days after verdict, judgment, or settlement announcement; failure results in dismissal with prejudice with costs at the Judge's discretion.
- Document
- Proposed judgment
Must include
- •Proposed order
Court's wording
Within 30 days after the Court has announced a verdict or judgment or the Court receives a written announcement of settlement from either party or from a mediator, counsel shall submit to the Court a proposed judgment or dismissal order, unless ordered otherwise. Failure to so furnish the Court with such a proposed judgment or dismissal order will be interpreted to mean that counsel wish the Court to enter an Order of Dismissal with prejudice with costs taxed at the Judge's discretion.
Certificate of Conference must use one of four verbatim forms specified in Rule 2.07(c).
Court's wording
For the purpose of Rule 2.07(a), a "Certificate of Conference" shall mean the appropriate one of the following four paragraphs (verbatim): (1) "Counsel for movant and counsel for respondent have personally conducted a conference at which there was a substantive discussion of every item presented to the Court in this motion and despite best efforts the counsel have not been able to resolve those matters presented..
No counsel for a party shall file, nor shall any clerk set for hearing, any motion unless accompanied with a "Certificate of Conference" signed by counsel for movant in one of the forms set out in Rule 2.07(c).
- Document
- Motion
Must include
- •Certificate of conference
Counsel seeking affirmative relief shall be prepared to tender a proposed order to the court at the commencement of any hearing on any contested matter.
Must include
- •Proposed order
I, the undersigned attorney, hereby certify to the Court that I have conferred with opposing counsel in an effort to resolve the issues contained in this motion without the necessity of Court intervention, and opposing counsel has indicated that he does not oppose this motion.
- Document
- Motion
Include
- •Certificate of conference
No attorney of record shall be permitted to withdraw from any case without presenting a motion and obtaining from the Court an order granting leave to withdraw. When withdrawal is made at the request of or on agreement of client such motion shall be accompanied by the client's written consent to such withdrawal or a certificate by another lawyer that he has been employed to represent the client in the case.
Please have all exhibits marked numerically or letters prior to going on the record.
Parties are jointly responsible for preparing the jump drive with all admitted exhibits; non-admitted exhibits must not be included.
Court's wording
It is the joint responsibility of the parties to prepare the jump drive and ensure that it contains all admitted exhibits. No party shall include any exhibit on the jump drive that was not admitted into evidence by the Court.
Each appointment is to be made by a written order.
Each approval of the payment of a fee is to be accomplished by a separate written order.
Rule 106 motions for substitute service must be accompanied by an affidavit detailing verification efforts, service attempts with dates/times, persons present, and proof of residence.
Court's wording
All motions for substituted service under Rule 106 must be accompanied by an affidavit that includes the following information: 1. all efforts taken to verify that defendant actually lives or works at the subject address; 2. each attempt at service, with date(s) and time(s); 3. identity of persons who were present at the subject address and what was said; and 4. a printout of some public record or PublicData.com or similar online database confirming that the person to be served actually resides at the address at which service is being attempted.
a copy of any envelope or green card returned by the post office shall be attached to the return of service.
The return of service must include a statement of the mailing dates and results for both certified and regular mail.
Court's wording
the return of service shall include a statement setting out the date of mailing and the result of the mailing by certified mail, and the date of mailing and result of same by regular mail (i.e., whether the envelope was returned by the post office, the green card came back signed, etc.); and
This acknowledgment letter will need to be included with the written motion to the Texas Court in which the out-of-state attorney is requesting permission to participate.
orders making appointments or approving the payment of fees are to be sufficiently specific to enable the clerks to prepare the required monthly reports.
each appointment must be made by written order
Fee approval orders must include case number and style, name, position, relationship, date of approval, source of fees, amount of fees, and if fees exceed $1,000, hours billed and expenses.
Court's wording
CHECKLIST FOR ORDERS APPROVING PAYMENT Case Number and Style Name of person or entity appointed Position to which appointed Relationship to ward or deceased, if relevant Indicate: Attorney, private professional guardian, public guardianship program or friend/family member Date of approval of fee Source of fees Amount of fees approved If fees exceed $1,000: Number of hours billed for work performed Billed expenses
Appointment orders must include case number and style, name of appointee, position, relationship, and date of appointment.
Court's wording
CHECKLIST FOR APPOINTMENTS Case number and style Name of person or entity appointed Position to which appointed Relationship to ward or deceased, if relevant Indicate: Attorney, private professional guardian, public guardianship program or friend/family member Date of appointment
each approval of the payment of a fee must be accomplished by a separate written order
ATTACHMENT: ATTACH A DETAILED LIST OF DATES WORKED, SERVICES PERFORMED, TIME, AND EXPENSES.
Motions for substitute service under Rule 106 must be accompanied by an affidavit detailing verification efforts, service attempts, persons present, and a public record confirming residence.
Court's wording
All motions for substituted service under Rule 106 must be accompanied by an affidavit that includes the following information: 1. all efforts taken to verify that defendant actually lives or works at the subject address; 2. each attempt at service, with date(s) and time(s); 3. identity of persons who were present at the subject address and what was said; and 4. a printout of some public record or PublicData.com or similar online database confirming that the person to be served actually resides at the address at which service is being attempted.
The affidavit must state the legal basis for any departure from the standard interest rate.
Court's wording
The Departed: Filing a proposed order seeking an interest rate that departs from the standard—5%—currently under Texas Finance Code section 304.003, or 6% under Texas Finance Code section 302.002 in creditor/obligor suits—without stating in the affidavit and motion the legal basis for departing from the standard, such as a contractual interest rate.
When a DMDC search is conducted without a SSN, the non-military affidavit must include corroborating evidence that the individual is not in the military.
Court's wording
Saving Private Ryan: Conducting a DMDC search without a SSN (which is not bad in and of itself—just means the DMDC cannot authoritatively assert that this is the same individual that the query refers to) and not providing corroborating evidence in non-military affidavit that the individual is not in the military.
WarGames: No Defense Manpower Data Center (DMDC) printout as an exhibit to the non-military affidavit.
50 First Dates: Filing a proposed order seeking pre-judgment interest which accrues from a particular date without stating the legal significance of the date in an affidavit and motion.
The Debt Collector: Filing a proposed order that seeks attorney’s fees for post-judgment/collection efforts.
The attorney's fees affidavit must state that the fees are both reasonable and necessary.
Court's wording
Beyond a Reasonable Doubt and Necessary Roughness: Improper proving up of fees in attorney’s fees affidavit: use of neither “reasonable” nor “necessary” or one and not the other, but not both as required at an absolute minimum.
The Bad News Bears: Not conditioning an award of appellate attorney’s fees on an unsuccessful appeal by the defaulting defendant in the proposed order or the attorney’s fees affidavit.
The Blues Brothers: Asking for a specific amount to be awarded as costs, rather than just asking for “taxable costs of court” in both the proposed order and the motion for default judgment.
Filing & Service rules
Electronic Filing Rules
All reports must be entered into the reporting database at card.txcourts.gov, beginning with the September 2016 report.
All reports must be entered into the reporting database at http://card.txcourts.gov/ beginning with the report for September 2016 (due by October 15, 2016).
Page 5 | How to Submit Reports
Email the application and a copy of your resume to the Court Coordinator at fly@dallascourts.org.
Email this application and a copy of your resume, to the Court Coordinator at: fly@dallascourts.org.
Civil cases
Page 1 | Application for Appointment as Attorney Ad Litem, Guardian Ad Litem or Amicus
Attorney fee claims may be submitted by mail, by counter drop-off, or by email with signature.
This claim may be mailed, dropped off or emailed with signature at our office location noted below.
Civil cases
Page 1 | Civil Attorney's Fee Compensation Claim
Attorneys will not be able to modify their official eService address in eFileTX after the new process begins.
When this new process begins you will not be able to modify your official eService address in eFileTX.
Court notice
Page 1 | eFileTexas.gov Notification
Reports may be submitted either by manual entry into the database or by uploading an XML file.
Reports may be entered in one of two ways: Manually entering the reports into the database Uploading an XML file, if your vendor/IT staff creates that capability for you
Page 5 | How to Submit Reports
Attorney names and email addresses will be imported into eFileTX nightly to serve as the official eService address, replacing the current list.
A file including all active Texas Attorney's names and their registered SBOT email address will be imported into eFileTX, nightly, to be used as the official eService address. The names and email addresses in the current list will no longer exist.
Court notice
Page 1 | eFileTexas.gov Notification
Filing Timing and Cure Windows
In emergencies when the clerk's office is closed, the case must be docketed and assigned at the earliest practicable time, and the judge must notify the assigned court.
Whenever immediate action of a Judge is required in an emergency when the Clerk's office is not open for business, the case shall nevertheless at the earliest practicable time be docketed and assigned to a Court as provided in Local Rule 1.01 and all writs and process shall be returnable to that Court. Any Judge taking such emergency action shall notify the Court in which such case is docketed at the earliest convenient and practical time.
Page 6 | 2.01. FILING WITH THE COURT IN EMERGENCY ONLY
Suggestion of Bankruptcy must be filed within 20 days of receiving notice of another party's bankruptcy petition.
The Suggestion of Bankruptcy shall be filed as soon as practicable, but in no event more than 20 days after a party receives notice of the filing of a petition in bankruptcy by any other party.
Page 6 | 1.13. SUGGESTION OF BANKRUPTCY
Applications for immediate or temporary relief must be filed and assigned to a court before being presented to a judge, except in emergencies when the clerk's office is closed.
Except in emergencies when the Clerk's office is not open for business, no application for immediate or temporary relief shall be presented to a Judge until it has been filed and assigned to a Court as provided in Local Rule 1.01.
Page 6 | 2.01. FILING WITH THE COURT IN EMERGENCY ONLY
Briefs, responses, and replies for motions set for hearing must be served and filed no later than three working days before the hearing, except in emergencies.
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.
Page 10 | 2.09
Summary judgment briefs: support briefs filed with the motion, opposition briefs at or before the response due date, and reply briefs no less than three days before the hearing.
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 no less than three days before the hearing.
Page 10 | 2.09
Unless the Court allows it, no motion to withdraw may be presented within 30 days of the trial date.
Unless allowed in the discretion of the Court, no such motion shall be presented within 30 days of the trial date or at such
Page 12 | 4.02
Daily transcript copies must be requested at least three weeks before proceedings, subject to the court reporter's workload and availability.
Daily copies must be requested at least three (3) weeks in advance of proceedings and is dependent upon court reporter’s workload and availability.
Civil cases · Court notice
Page 1 | TRANSCRIPT REQUESTS FOR THE REPORTERS’ RECORDS
Each court must submit a monthly report even if there was no activity to report.
Monthly reports must be submitted for each court whether or not there was activity to report for the month.
Page 1 | Chapter 36, Texas Government Code
Monthly reports must be filed with OCA no later than 15 days after the end of the reported month.
The report is due to the Office of Court Administration (OCA) no later than 15 days following the end of the month reported.
Page 1 | Chapter 36, Texas Government Code
Information required by Supreme Court Order 07-9188 is due on the 15th of the month, consistent with Chapter 36.
Making the due date for the information required by Supreme Court order consistent with the requirement of Chapter 36—15th of the month
Page 2 | Section 171.9(a), Texas Administrative Code
The report for September 2016 is due by October 15, 2016.
All reports must be entered into the reporting database at http://card.txcourts.gov/ beginning with the report for September 2016 (due by October 15, 2016).
Page 5 | How to Submit Reports
The application form must be submitted annually.
THIS FORM MUST BE SUBMITTED ANNUALLY
Civil cases
Page 1 | Application for Appointment as Attorney Ad Litem, Guardian Ad Litem or Amicus
The application is due by September 1st of each year.
Due September 1st of each year.
Civil cases
Page 1 | Application for Appointment as Attorney Ad Litem, Guardian Ad Litem or Amicus
Daily copies must be requested at least three weeks in advance, subject to reporter availability.
Daily copies must be requested at least three (3) weeks in advance of proceedings and is dependent upon court reporter's workload and availability.
Page 1 | ORDERING REPORTER'S RECORD
Delivery of deposition notices is deemed on actual delivery, or the next open courthouse day if received after 5:00 p.m.; mail delivery is presumed the third business day after mailing.
For purposes of this 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 or a party, 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. Delivery by mail is presumed to be the third business day following mailing.
Page 10 | 2.12(a)
A motion to quash a deposition stays the deposition if filed and served no later than the third open courthouse day after delivery of the notice of deposition.
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.
Page 10 | 2.12(b)
Report a fee in the month the approval order was signed if the amount is specified; otherwise report it in the month it is paid.
If the amount of the fee is specified in the order, report the fee for the month in which the approval order was signed (for example, a fee for a specific amount that is approved in September, but not actually paid until October would be included in the report for September). If the amount of the fee is not specified in the order, report the fee for the month it is paid (when the amount of the fee becomes known to the clerk).
Page 3 | When to Report the Fee
Daily transcript copies must be requested at least three weeks in advance of proceedings.
Daily copies must be requested at least three (3) weeks in advance of proceedings and is dependent upon court reporter's workload and availability.
Civil cases
Page 10 | 33
Service and Proof of Service Rules
TRO applicants must notify opposing counsel or party and provide a copy of the application and proposed order at least 2 hours before presenting them to the Court.
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.
Page 7 | 2.02(a)
Documents relating to expedited relief or hearings within 7 days must be served on all opposing parties the same day they are filed, in a manner ensuring receipt.
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.
Page 8 | 2.05
If the client has not consented, the motion must be mailed to the client by certified and regular first class mail with a letter advising the motion will be presented no less than 10 days after mailing.
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, with a letter advising that the motion will be presented to the Court on or after a certain hour not less than ten days after mailing the letter, and that any objection to such withdrawal should be made to the Court in writing before such time.
Page 12 | 4.02
IT IS FURTHER, ORDERED, ADJUDGED, and DECREED that service of process may be made upon the Defendant, Perry the Platypus, either: (1) by leaving a true copy of the citation, with a copy of the Petition and this Order authorizing substituted service attached, with anyone over sixteen (16) years of age at, 221B Baker Street, Dallas, Texas 75202; or (2) by firmly affixing a true copy of the citation, with a copy of the Petition and this Order authorizing substitute service attached, to the front door of Defendant's last known usual place of abode or business at the above address.
IT IS FURTHER, ORDERED, ADJUDGED, and DECREED that service of process may be made upon the Defendant, Perry the Platypus, either: (1) by leaving a true copy of the citation, with a copy of the Petition and this Order authorizing substituted service attached, with anyone over sixteen (16) years of age at, 221B Baker Street, Dallas, Texas 75202; or (2) by firmly affixing a true copy of the citation, with a copy of the Petition and this Order authorizing substitute service attached, to the front door of Defendant's last known usual place of abode or business at the above address.
Civil cases
Page 2 | ORDER GRANTING SUBSTITUTE SERVICE OF PROCESS
Substitute service must be made by certified mail, return receipt requested, and by regular mail to the Defendant at the authorized address.
certified mail, return receipt requested, AND by regular mail to the Defendant at the same address at which service is authorized above;
Civil cases
Page 3 | ORDER GRANTING SUBSTITUTE SERVICE OF PROCESS
Service of process is deemed complete upon compliance with the Order, regardless of whether the Defendant signs the certified mail receipt.
service of process will be deemed complete upon compliance with this Order, regardless of whether Defendant signs the certified mail receipt.
Civil cases
Page 3 | ORDER GRANTING SUBSTITUTE SERVICE OF PROCESS
The return of service may not be made until 30 days after mailing or until the green card is received back, whichever is earlier.
the return of service shall not be made until 30 days after mailing or until the process server receives back the green card from the post office, whichever date is earlier;
Civil cases
Page 3 | ORDER GRANTING SUBSTITUTE SERVICE OF PROCESS
Substitute service requires mailing the citation, Petition, and Order by both certified mail (return receipt requested) and regular mail to the defendant's address.
a copy of the citation, Petition, and this Order shall be mailed by BOTH certified mail, return receipt requested, AND by regular mail to the Defendant at the same address at which service is authorized above;
Civil cases
Page 1 | ORDER GRANTING SUBSTITUTE SERVICE OF PROCESS
A copy of any envelope or green card returned by the post office must be attached to the return of service.
a copy of any envelope or green card returned by the post office shall be attached to the return of service.
Civil cases
Page 1 | ORDER GRANTING SUBSTITUTE SERVICE OF PROCESS
The return of service shall not be made until 30 days after mailing or until the green card is received back, whichever is earlier.
the return of service shall not be made until 30 days after mailing or until the process server receives back the green card from the post office, whichever date is earlier;
Civil cases
Page 1 | ORDER GRANTING SUBSTITUTE SERVICE OF PROCESS
Substitute service may be made by leaving the citation, Petition, and Order with anyone over 16 at the address, or by affixing them to the front door of the defendant's last known abode or business.
service of process may be made upon the Defendant, Perry the Platypus, either: (1) by leaving a true copy of the citation, with a copy of the Petition and this Order authorizing substituted service attached, with anyone over sixteen (16) years of age at, 221B Baker Street, Dallas, Texas 75202; or (2) by firmly affixing a true copy of the citation, with a copy of the Petition and this Order authorizing substitute service attached, to the front door of Defendant's last known usual place of abode or business at the above address.
Civil cases
Page 1 | ORDER GRANTING SUBSTITUTE SERVICE OF PROCESS
The return of service must include a statement of the mailing dates and results for both certified and regular mail.
the return of service shall include a statement setting out the date of mailing and the result of the mailing by certified mail, and the date of mailing and result of same by regular mail (i.e., whether the envelope was returned by the post office, the green card came back signed, etc.);
Civil cases
Page 1 | ORDER GRANTING SUBSTITUTE SERVICE OF PROCESS
Service of process is deemed complete upon compliance with the order, regardless of whether the defendant signs the certified mail receipt.
IT IS FURTHER Ordered, adjudged, and decreed that service of process will be deemed complete upon compliance with this Order, regardless of whether Defendant signs the certified mail receipt.
Civil cases
Page 1 | ORDER GRANTING SUBSTITUTE SERVICE OF PROCESS
The return of service must otherwise be made in accordance with Rule 107 of the Texas Rules of Civil Procedure.
IT IS FURTHER Ordered, adjudged, and decreed that the return of service of the person executing service pursuant to this Order shall otherwise be made in accordance with Rule 107, Texas Rules of Civil Procedure.
Civil cases
Page 1 | ORDER GRANTING SUBSTITUTE SERVICE OF PROCESS
For substitute service, the return of service must include the result of mailing of certified and regular mail, and a copy of the returned green card must be filed.
My Cousin Vinny: This common failure might be limited to the author’s unique procedures, but could be used to illustrate the necessity of learning each particular court’s rules/requirements with regard to each motion: In a case involving substitute service of process, failing to comply with the additional requirements required before service is deemed to be perfected (i.e., not including result of mailing of certified and regular mail in return of service, not filing a copy of the returned green card, etc.).
Civil cases
Page 2 | My Cousin Vinny
A party setting a hearing must serve written notice on all parties, with a copy to the Clerk, within one business day of receiving the setting.
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.
Page 10 | 2.11
Failure by a self-represented litigant to accept or pick up mail at the provided address constitutes constructive receipt, provable by postal receipt or comparable proof.
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.
Page 13 | 4.05. SELF-REPRESENTED/PRO SE LITIGANTS (revised)
IT IS FURTHER ORDERED, ADJUDGED, and DECREED that the service made by the above method shall not be deemed perfected unless it also complies with the following provisions:
IT IS FURTHER ORDERED, ADJUDGED, and DECREED that the service made by the above method shall not be deemed perfected unless it also complies with the following provisions:
Civil cases
Page 2 | ORDER GRANTING SUBSTITUTE SERVICE OF PROCESS
The return of service must otherwise comply with Rule 107 of the Texas Rules of Civil Procedure.
the return of service of the person executing service pursuant to this Order shall otherwise be made in accordance with Rule 107, Texas Rules of Civil Procedure.
Civil cases
Page 3 | ORDER GRANTING SUBSTITUTE SERVICE OF PROCESS
Texas attorneys with incorrect eService email addresses should update them on the State Bar website at texasbar.com/eservice.
Starting October 1, if you are a Texas attorney and your eService email address in eFileTX is incorrect, please update it on the State Bar website at texasbar.com/eservice.
Court notice
Page 1 | eFileTexas.gov Notification
Non-attorneys can add themselves as eService contacts by setting up their Service Contacts list and adding themselves to the case.
If you are not an attorney you can still add yourself as an eService contact. You will need to setup your Service Contacts list and add yourself to the case.
Court notice
Page 1 | eFileTexas.gov Notification
Filing Fees and Waivers
Out-of-state attorneys must pay the Board of Law Examiners fee before requesting permission to participate in Texas Court proceedings.
Any out-of-state attorney who is not a member of the State Bar of Texas must pay any fee to the Board of Law Examiners PRIOR TO requesting permission from the judge to participate in proceedings in a Texas Court.
Civil cases
Page 10 | 31
Transcription will not begin until the full estimated cost is paid.
An estimate of costs will be provided based on information above. Transcription will not begin until full payment of the estimate is received.
Page 1 | Estimate and Payment
Additional charges apply if exhibits, a word index, or expedited service are selected on the request.
( Additional charges will apply for any of the following selected) EXHIBITS? YES or NO WORD INDEX? YES or NO EXPEDITED? YES or NO
Page 1 | Additional Charges
Sealing & Redaction Procedures
Paper filings containing sensitive data must include the notice phrase on the upper left-hand side of the first page.
If the document is not electronically filed, by including on the upper left‐hand side of the first page, the phrase: “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.”
Court notice · Proposed or draft document; may not be in force
Page 1 | TRCP Rule 21c. Privacy Protection for Filed Documents
Designating the document as containing sensitive data when the document is electronically filed; or
Designating the document as containing sensitive data when the document is electronically filed; or
Court notice · Proposed or draft document; may not be in force
Page 1 | TRCP Rule 21c. Privacy Protection for Filed Documents
Documents containing sensitive data must be redacted by the filer prior to submission.
Pursuant to Rule 21c of the Texas Rules of Civil Procedure, documents containing sensitive data must be redacted by the filer prior to submission.
Court notice · Proposed or draft document; may not be in force
Page 1 | TRCP Rule 21c. Privacy Protection for Filed Documents
Documents may be designated confidential by stamping "CONFIDENTIAL" or another agreed method, without obscuring the underlying writings.
A document (or portion of a document) that a party determines in good faith to be a Protected Document may be claimed as confidential by (1) stamping the word "CONFIDENTIAL" on the document, or (2) using any other reasonable method agreed to by the parties. Such stamping shall not obscure any writings on the documents.
Civil cases
Page 1 | 2. Designation
Deposition portions may be designated confidential on the record or by written notice within 72 hours of receiving the transcript, and should be transcribed separately and marked by the court reporter.
A party may, on the record of a deposition or by written notice to opposing counsel no later than seventy-two (72) hours after receipt of the deposition transcript, claim any portion(s) of the deposition as "CONFIDENTIAL" based on a good faith determination that any portions so claimed constitute a Protected Document. To the extent possible, any portions so claimed shall be transcribed separately and marked by the court reporter as "CONFIDENTIAL".
Civil cases
Page 1 | 2. Designation
When a confidentiality claim is challenged, the claiming party must move for a court ruling; material stays confidential for 20 days if no motion is filed, or until the Court rules if a motion is filed.
In the event a claim is challenged, the party requesting confidential treatment will move for an appropriate ruling from the Court. The material shall be treated as Confidential Material until the expiration of twenty (20) days if no motion is made by the party requesting confidential treatment (at which time the material shall no longer be treated as Confidential Material), or, if a motion is made, until the Court rules.
Civil cases
Page 2 | 3. Challenge to Claim
The protective order does not seal court records; any motion to seal court records must strictly comply with Rule 76a, TRCP.
This Order does not seal Court Records in this case and is only intended to facilitate the prompt production of discovery materials. Any motion to seal Court Records must strictly adhere to Rule 76a, TRCP.
Civil cases
Page 3 | This Order does not seal Court Records
Orders about appointments and fees may never be sealed or withheld from public disclosure.
Orders regarding appointments made and fees paid may not be sealed or otherwise withheld from public disclosure for any reason, regardless of whether any other information in the case is protected from disclosure.
Civil cases
Page 1 | Section 3
Any party may challenge a confidentiality designation by written notice of objection to the claiming party's counsel.
Any party may challenge a claim made under Section 2(a) or 2(b) by written notice of its objection to counsel for the claiming party or non-party. Challenge to a claim made under Section 2(b) may be made either upon the record of the deposition or as provided in the preceding sentence.
Civil cases
Page 2 | 3. Challenge to Claim
The protective order does not apply at trial; sealing the trial record requires a separate motion under Rule 76a TRCP.
This Order shall not apply to the disclosure of Protected Documents or the information contained therein at the time of trial, through the receipt of Protected Documents into evidence or through the testimony of witnesses. The closure of trial proceedings and sealing of the record of a trial involve considerations not presently before the Court. These issues may be taken up as a separate matter upon the motion of any party in compliance with Rule 76a TRCP.
Civil cases
Page 2 | 5. Not Applicable to Trial
Deposition portions may be designated confidential by written notice to opposing counsel no later than 72 hours after receipt of the transcript.
A party may, on the record of a deposition or by written notice to opposing counsel no later than seventy-two (72) hours after receipt of the deposition transcript, claim any portion (s) of the deposition as CONFIDENTIAL based on a good faith determination that any portions so claimed constitute a Protected Document.
Civil cases
Page 1 | 2. Designation
The Order does not seal court records; any motion to seal court records must strictly comply with Rule 76a TRCP.
This Order does not seal Court Records in this case and is only intended to facilitate the prompt production of discovery materials. Any motion to seal Court Records must strictly adhere to Rule 76a, TRCP.
Civil cases
Page 1 | 10. Public Health and Safety
Closing trial proceedings or sealing the trial record requires a separate party motion made in compliance with Rule 76a TRCP.
The closure of trial proceedings and sealing of the record of a trial involve considerations not presently before the Court. These issues may be taken up as a separate matter upon the motion of any party in compliance with Rule 76a TRCP.
Civil cases
Page 1 | 5. Not Applicable to Trial
Protected Documents may be designated confidential by stamping 'CONFIDENTIAL' without obscuring text, or by another reasonable method agreed by the parties.
document (or portion of a document) that a party determines in good faith to be a Protected Document may be claimed as confidential by (1) stamping the word CONFIDENTIAL on the document, or (2) using any other reasonable method agreed to by the parties. Such stamping shall not obscure any writings on the documents.
Civil cases
Page 1 | 2. Designation
A confidentiality claim may be challenged by written notice of objection to the claiming party's counsel, or on the deposition record for Section 2(b) claims.
Any party may challenge a claim made under Section 2(a) or 2(b) by written notice of its objection to counsel for the claiming party or non-party. Challenge to a claim made under Section 2(b) may be made either upon the record of the deposition or as provided in the preceding
Civil cases
Page 1 | 3. Challenge to Claim
Challenged material remains confidential for a 20-day period unless the claiming party moves for a ruling; if a motion is filed, confidentiality continues until the Court rules.
material shall be treated as Confidential Material until the expiration of twenty (20) days if no motion is made by the party requesting confidential treatment (at which time the material shall no longer be trea ted as Confidential Material), or, if a motion is made, until the Court rules.
Civil cases
Page 1 | 3. Challenge to Claim
Including the sensitive data notice on the upper left corner of the first page is preferred for e-filed documents.
CONTAINS SENSITIVE DATA” on the upper left‐hand corner of the first page for documents that are electronically filed, it is preferred.
Court notice · Proposed or draft document; may not be in force
Page 2 | TRCP Rule 21c. Privacy Protection for Filed Documents
Claiming a document as confidential constitutes a representation of a good faith determination that it contains Confidential Information.
By claiming a document Confidential Material pursuant to Section 2(a) or 2(b), a party represents that it has made a bona fide, good faith determination that the document does, in fact, contain Confidential Information.
Civil cases
Page 2 | 2. Designation
Parties are not required to challenge confidentiality designations at the time of designation and may do so later.
A party shall not be obligated to challenge the propriety of the designation of documents as Confidential Materials at the time of designation, and failure to do so shall not preclude a subsequent challenge to the designation.
Civil cases
Page 2 | 3. Challenge to Claim
Filing Bundling Requirements
E-filed documents should be combined into a single PDF with bookmarks separating content, unless the file exceeds 35 MB.
be combined into a single PDF with bookmarks separating the content, unless the resulting document exceeds the EFM’s size limit for documents of 35 megabytes. For example, the lead document and attachments should be combined into one PDF; and/or pleadings with exhibits should be combined into one PDF. The contents of the one PDF document that includes exhibits or appendices should contain bookmarks to each exhibit or appendix item. The bookmarks should be clearly labeled so as to identify the exhibit or appendix item. Whenever possible, scanning of exhibits should be avoided.
Court notice · Proposed or draft document; may not be in force
Page 3 | JCIT Technology Standards, v1.2 – Section 3.1
If a filing exceeds 35 MB, it must be split and the remaining split documents attached to the lead document as an attachment.
If the file size exceeds the 35 megabyte limit, the document will have to be split. When splitting the document, the remaining split documents should be attached to the lead document as an attachment.
Court notice · Proposed or draft document; may not be in force
Page 3 | JCIT Technology Standards, v1.2 – Section 3.1
Documents may not contain multiple filings in the same document; each filing must be filed separately.
Documents may not contain multiple filings in the same document. Each filing must be filed separately; for example:
Court notice · Proposed or draft document; may not be in force
Page 4 | CASE MANAGEMENT SYSTEM REQUIREMENTS
At the close of evidence, parties must jointly upload all admitted exhibits to an external jump drive.
At the close of the evidence, the parties shall jointly upload all admitted exhibits to an external jump drive
Civil cases
Page 1 | Standing Order Regarding Trial Exhibits
Only admitted exhibits may be included on the exhibit jump drive; demonstratives are prohibited unless authorized by written court order.
Only admitted exhibits shall be included on the jump drive. Demonstratives must not be included. Demonstrative exhibits shall not be included on the exhibit jump drive without a written order of the Court authorizing demonstrative exhibits to be included on the exhibit jump drive.
Civil cases
Combining multiple documents from a single filing into one PDF with bookmarks is preferred but not required.
While JCIT standards no longer requires the combining of multiple documents pertaining to a single filing into a single PDF with bookmarks separating content, for the efficiency of court processes and the judiciary, it is preferred.
Court notice · Proposed or draft document; may not be in force
Page 2 | JCIT Technology Standards, v1.2 – Section 3.1
Pre-Motion Conference Requirements
Before filing a motion, movant's counsel must make at least three attempts to contact respondent's counsel during regular business hours on at least two business days.
Prior to the filing of a motion, counsel for the potential movant shall personally attempt to contact counsel for the potential respondent to hold or schedule a conference to resolve the disputed matters. Counsel for the potential movant shall make at least three attempts to contact counsel for the potential respondent. The attempts shall be made during regular business hours on at least two business days.
Page 8 | 2.07(b)
The certificate of conference requirement does not apply to dispositive motions, summary judgment motions, default judgments, and other listed motions.
Sections (a) and (b) of this Rule do not pertain to dispositive motions, motions for summary judgment, default judgments, motions to confirm arbitration awards, motions to exclude expert testimony, pleas to the jurisdiction, motions to designate responsible third parties, motions to strike designations of responsible third parties, motions for voluntary dismissal or nonsuit, post-verdict motions and motions involving service of citation.
Page 9 | 2.07(d)
Please discuss those exhibits and any motions in limine with the opposing side beforehand to see if any agreements can be reached that can shorten the pretrial.
Please discuss those exhibits and any motions in limine with the opposing side beforehand to see if any agreements can be reached that can shorten the pretrial.
Civil cases · Court notice
Page 1 | PRETRIAL
Adjournment & Extension Requirements
After one year on file, a case may only be reset upon a written motion for continuance personally approved by the client in writing and granted by the Court.
After a case has been on file for one year, it shall not be reset for a party except upon written motion for continuance, personally approved by the client in writing, and granted by the Court. Except as provided by statute, no party is entitled of right to a "pass" of any trial setting.
Page 11 | 3.01
Passing, postponing, or resetting a case requires consent of all parties or notice with opportunity to object; failure to announce readiness constitutes consent.
trial shall be granted unless counsel for all parties consent, or unless all parties not joining in such request or their counsel have been notified and have had opportunity to object; provided, however, that failure to make an announcement under Local Rule 3.02 shall constitute that party's consent to pass, postpone, reset or dismiss for want of prosecution any case set for trial the following week.
Page 11 | 3.01
Agreed motions for continuance must include a mutually agreed new trial date and conform to Dallas County Local Rules; no hearing is required for cases under one year old, but client sign-off is mandatory for cases 18 months or older.
For cases less than one year old, no hearing is necessary for agreed motions. For cases 18 months or older, your client(s) MUST sign-off on any agreed motions. All agreed motions for continuance shall contain a mutually agreed upon date for a new trial setting and shall conform to the requirements of the Dallas County Local Rules.
Civil cases
Page 7
Chambers Communication Rules
If video fails, parties and witnesses must connect by telephone on speaker setting during bench trials.
If, in the unexpected event of visual/video connection issues, all parties/witnesses MUST connect via telephone and MUST have their telephone connection on "speaker" setting at all times during the Bench Trial proceedings.
Page 2 | BENCH TRIAL PROCEEDURES FOR PARTIES/WITNESSES
The Microsoft Teams invitation link does not constitute notice of the hearing.
NOTE: the MSTeams videoconferencing hearing invitation link is NOT notice of your hearing.
Page 1 | PLEASE NOTE THE FOLLOWING
Technical staff must remain available by telephone during the proceeding.
While the proceeding is in progress, technical staff at the remote conference site must remain available by telephone in case of a problem.
Page 1 | ON THE DAY(S) OF THE VIDEOCONFERENCE, PLEASE NOTE
Attorneys may reserve up to three weeks of vacation per year by sending a vacation letter to the Court Coordinator and opposing counsel, after which no hearings, depositions, or trials may be set during those weeks except upon notice and hearing.
Any attorney may reserve up to three weeks in any calendar year for vacations by sending a "vacation letter" for each case (with appropriate cause number and style) to the Court Coordinator and opposing counsel, reserving weeks in which no hearings, depositions, or trials are set as of the date of the letter. Once a letter is on file, no hearings, depositions, or trials may be set during the reserved weeks except upon notice and hearing.
Page 13 | 4.04. VACATION LEITERS
All transcript requests must be emailed to Tina Thompson at tina.thompson@dallascounty.org.
Please download and fill out the “Request for Request’s Records” form, and email ALL transcript requests for the Reporter’s Records forms to Tina Thompson at tina.thompson@dallascounty.org
Civil cases · Court notice
Page 1 | TRANSCRIPT REQUESTS FOR THE REPORTERS’ RECORDS
Modifications to the standard Protective Order require a hearing, set within 3-7 business days after contacting the Court Clerk.
If a party desires to make modifications or additions to the Court's standard Protective Order, a hearing will be required. Hearings will be set within 3-7 business days after contacting the Court Clerk at 214.653.7546.
Civil cases
Page 9 | 30
Transcript requests must be emailed to Tina Thompson using the court's form.
Please download and fill out the “Request for Request’s Records” form, and email ALL transcript requests for the Reporter’s Records forms to Tina Thompson at Tina.Thompson@dallascounty.org
Civil cases
Page 10 | 33
Litigants may request a virtual hearing; contact the coordinator for available dates and times.
The court will maintain a virtual docket for litigants who request and agree to a virtual hearing. Contact the coordinator for the available dates and times.
Page 1 | BEFORE SCHEDULING A VIDEOCONFERENCE, PLEASE NOTE
Contact the Judicial Information Section to add selections to the database for the Position to Which Appointed or Fee Source fields.
If additional selections need to be added to the database for the Position to Which Appointed or Fee Source fields, contact the Judicial Information Section.
Page 6 | Position to Which Appointed/Source of Fees
Because technology can be uncertain, parties and counsel are encouraged to test their presentations days or weeks in advance of hearing or trial. If you intend to use the Court's equipment, please contact this Court's bailiff, Phil Fisher, to schedule an appointment.
Because technology can be uncertain, parties and counsel are encouraged to test their presentations days or weeks in advance of hearing or trial. If you intend to use the Court's equipment, please contact this Court's bailiff, Phil Fisher, to schedule an appointment.
Civil cases
Page 8 | AUDIO/VISUAL EQUIPMENT
The Court Coordinator can be contacted by email at fly@dallascourts.org for submitting applications.
Email this application and a copy of your resume, to the Court Coordinator at: fly@dallascourts.org.
Civil cases
Page 1 | Application for Appointment as Attorney Ad Litem, Guardian Ad Litem or Amicus