Dallas County District Courts Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Remote participant information

Service

Email to all parties

Attorneys and parties must work together to send a single consolidated remote-access submission to the Court Reporter, copying all counsel and self-represented parties.

The attorneys and parties are directed to collaborate and transmit to the Court Reporter in a single submission with a copy to all counsel of record and self-represented parties.

CRITICALCivil cases

Applies to

Exhibits

Service

Electronic service to opposing party

Any copies of exhibits or evidence sent to the Court Reporter must also be sent to opposing counsel at the same time.

Copies must contemporaneously be directed to opposing Counsel.

CRITICALCivil cases

Respondent must file and serve all responsive evidence at least 4 days before the TI hearing.

4 Days before TI Hearing – Respondent must file and serve all responsive evidence including affidavits and excerpts of discovery;

CRITICAL

Deadline

2 hours

Before presenting a TRO application to the Court, the applicant must notify the opposing party (or counsel) and provide a copy of the application and proposed order at least 2 hours in advance, unless an exception applies.

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.

CRITICALCivil cases

New cases filed during this period remain subject to citation, service, and due diligence requirements; service cannot be postponed.

You will not be able to file a new case and then have citation and service postponed during this time period. Issues of due diligence will still apply to all cases filed during this time period.

CRITICAL

The movant must send the Zoom link to all parties.

MOVANT MUST SEND LINK TO ALL PARTIES!

CRITICALCivil cases

Applicant must file and serve all argument and supporting evidence at least 10 days before the TI hearing.

10 Days before TI Hearing – Applicant must file and serve all argument and supporting evidence including the final affidavits (see ¶1) and excerpts of discovery;

CRITICAL

Documents involving expedited relief or hearings within seven days must be served on all opposing parties the same day they are filed, except original petitions and TRO applications.

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.

CRITICALCivil cases

Applies to

Citation

Service

Mail

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;

CRITICALCivil cases

Service

Mail

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Service

Mail

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;

CRITICALCivil cases

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.

CRITICAL

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.

CRITICAL

Deadline

2 hours

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.

CRITICALCivil cases

Service

Mail

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.);

CRITICALCivil cases

Service

Mail

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Service

Mail to opposing party

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;

CRITICAL

Service

Mail

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.

CRITICALCivil cases

Service

Mail

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.

CRITICALCivil cases

Service

Mail

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;

CRITICALCivil cases

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.).

CRITICALCivil cases

Copies of proposed exhibits must be directed to opposing counsel and pro se parties.

As required by the Texas Rules of Civil Procedure, copies of all proposed exhibits must be contemporaneously directed to all opposing counsel and/or pro se parties.

CRITICALCivil cases

Substituted service may be made by leaving copies with anyone over 16 years of age at the address, or by firmly affixing copies to the front door or, if inaccessible, to the front gate of the defendant's last known abode.

IT IS FURTHER ORDERED, ADJUDGED, and DECREED that service of process may be made upon the Defendant, either: 1. By leaving a true copy of the citation, with a copy of the Petition,(INSERT OTHER ACCOMPANYING DOCUMENTS), and this Order authorizing substituted service attached, with anyone over sixteen (16) years of age at, ADDRESS; or 2. By firmly affixing a true copy of the citation, with a copy of the Petition, (INSERT OTHER ACCOMPANYING DOCUMENTS),and this Order authorizing substitute service attached, to the front door; if the front door is inaccessible, by attaching a true copy of the citation with copy of the Petition ,(INSERT OTHER ACCOMPANYING DOCUMENTS),and this Order authorizing substitute service attached, to the front gate of Defendant’s last known usual place of abode at ADDRESS.

CRITICALCivil cases

Service

Mail

Service is not deemed perfected unless copies are mailed to the defendant by both certified mail (return receipt requested) and regular first-class mail at the authorized address.

1. A copy of the citation, Petition, (INSERT OTHER ACCOMPANYING DOCUMENTS),and this Order shall be mailed by BOTH certified mail, return receipt requested, AND by regular first-class mail to the Defendant at the same address at which service is authorized above;

CRITICALCivil cases

Service

Mail to opposing party

736 foreclosure hearings must be set with notice to obligors via certified mail (CMRRR) and first-class mail, and the applicant must bring proof of service to the hearing.

Must be set for hearing with notice to the obligor(s) via CMRRR and first-class mail. The applicant should bring to the hearing proof that it served the obligor(s) with notice of the hearing date and time.

WARNINGCivil cases

Demonstrative aids may be used only if approved by the Court and should be shown to opposing counsel before voir dire commences, to give counsel an opportunity to object.

Demonstrative aids may be used only if approved by the Court and should be shown to opposing counsel before voir dire commences, to give counsel an opportunity to object.

WARNINGCivil cases

Applicant must serve final affidavits and identify witnesses within 2 days after the TRO application is filed or granted.

2 Days after TRO application filed or granted, whichever is later – Applicant must serve final affidavits of all supporting witnesses under Applicant’s control and identify all other supporting witnesses and documents;

WARNINGCivil cases

A party joining an additional party must serve a copy of this order on the new party at the same time as the joinder pleading.

The party joining an additional party shall serve a copy of this Order on the new party concurrently with the pleading joining that party.

WARNING

Applies to

Exhibits

Service

Email to opposing party

The exhibits should be e-mailed to opposing counsel as well.

The exhibits should be e-mailed to opposing counsel as well.

WARNING

Service

Mail

A self-represented litigant who fails to accept or pick up mail at the address they provided is deemed to have received it; delivery may be proven by a postal receipt for certified or registered mail 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.

WARNING

Copies of the Suggestion of Bankruptcy must be served on all counsel of record.

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.

WARNINGCivil cases

Applies to

Exhibits

Service

Electronic service to opposing party

Copies of exhibits and evidence must be sent contemporaneously to opposing counsel.

Copies must contemporaneously be directed to opposing Counsel.

WARNING

The Zoom link must be sent to all intended participants, including witnesses, attorneys, and parties.

Send the Zoom link to everyone that you intend to have participate in the proceeding (witnesses, attorneys, parties, etc.)

WARNINGCivil cases

A copy of the participant information submission must be sent to all counsel of record and self-represented parties.

The attorneys and parties are directed to collaborate and transmit to the Court Reporter in a single submission with a copy to all counsel of record and self-represented parties.

WARNING

Deadline

2 business days

Applies to

Exhibits

Service

Email to all parties

Exhibits should be emailed to all counsel/pro se and the Court Reporter rsbehelcr@dallascountv.orgl no later than 2 business days before the hearing.

Exhibits should be emailed to all counsel/pro se and the Court Reporter rsbehelcr@dallascountv.orgl no later than 2 business days before the hearing.

WARNING

Deadline

1 business days

Applies to

Notice of hearing

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.

WARNING

Service

Mail

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.

WARNINGCivil cases

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:

WARNINGCivil cases

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.

WARNINGCourt notice

Service

Electronic service

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.

WARNING

To cancel a hearing, fax a letter to other counsel/pro se parties and e-file a letter to the Court.

To cancel a hearing, please fax a letter to other counsel/pro se parties. Also e-file a letter to the Court notifying the Court of the cancellation.

WARNINGCivil cases

Service

Electronic service to opposing party

Copies of exhibits must be directed to opposing counsel contemporaneously.

Copies must contemporaneously be directed to opposing Counsel.

WARNING

Service

Electronic service to opposing party

Copies of exhibits must be contemporaneously directed to opposing counsel.

Copies must contemporaneously be directed to opposing Counsel.

WARNING

Service

Electronic service to opposing party

Copies of exhibits or evidence must be contemporaneously directed to opposing counsel.

Copies must contemporaneously be directed to opposing Counsel.

WARNINGCivil cases

Service

Mail

The return of service shall not be filed until 30 days after mailing or until the process server receives the signed green card back from the post office, whichever is earlier.

2. The return of service shall not be made until thirty (30) days after mailing or until the process server receives back the green card from the post office, whichever date is earlier;

WARNING

Service

Email to all parties

Attorneys and parties must collaborate and transmit participant information to the Court Reporter in a single submission, with a copy to all counsel of record and self-represented parties.

The attorneys and parties are directed to collaborate and transmit to the Court Reporter in a single submission with a copy to all counsel of record and self-represented parties.

WARNING

Service

Electronic service to opposing party

Copies of exhibits and evidence must be directed to opposing counsel contemporaneously with delivery to the Court Reporter.

Copies must contemporaneously be directed to opposing Counsel.

WARNINGCivil cases

After a hearing is set, the movant must provide notice of the hearing date to all parties, including the hearing format.

Once the in person; hybrid; or zoom hearing is set, the movant shall provide notice of the hearing date to all parties, including a statement regarding whether the hearing will be in person; hybrid; or via zoom.

INFO

Notice of the dismissal docket will be mailed to all active attorneys and self-represented parties.

Notice will be mailed to all active attorneys/pro se parties.

INFOCourt notice

Service

Electronic service

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.

INFOCivil cases

Service

Mail

Service of process is deemed complete upon compliance with this order, regardless of whether the defendant signs the certified mail return 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 return receipt.

INFOCivil cases

The return of service shall 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 of the Texas Rules of Civil Procedure.

CRITICALCivil cases

736 foreclosure matters must be scheduled with notice to obligors via certified mail return receipt requested and first-class mail, and the applicant must bring proof of service of that notice to the hearing.

Must be set for hearing with notice to the obligor(s) via CMRRR and first-class mail. It is an applicant should proceed to the hearing with proof that it served the obligor(s) with notice of the hearing date and time.