Dallas County District Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements3 rules
Time recorded in the detailed list of legal services must be rounded to the nearest tenth of an hour, or six-minute increments.
Court's wording
If an attorney is requesting compensation other than the fixed rate, or to be compensated for work done on a case that has not been disposed of, a court-appointed attorney must submit a detailed list of legal services provided reflecting the type of itemized legal service provided, the date and location of the service, and the time spent providing the service rounded to the nearest tenth of an hour (6 minute increments) along with the voucher that is submitted in the Defense Portal.
A testifying party or witness must be clearly visible and audible on camera or may not testify.
Court's wording
The camera of any party or witness who provides testimony must provide an unobstructed view of the party or witness providing testimony. An unobstructed view, for the purposes of this plan, means that the individual can be clearly seen, identified, and heard without any barrier other than a clean camera lens. Consistent with constitutional confrontation requirements, if a party or witness is not on camera, or cannot be clearly seen, the Court will not allow the person to testify or continue to testify unless the witness complies with the requirement of an unobstructed view.
Any physical evidence offered at a remote proceeding detention hearing must be displayed so that the court, attorneys, parties, and witness can view it simultaneously.
Document Filing Requirements12 rules
The Petitioner shall attach a copy of this order to the original petition and to each copy ofthe petition.
If the Petitioner fails to attach the order, the Clerk must attach it to the petition and every copy presented when the petition is filed.
Court's wording
At the time the petitiOn is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every cbpy of the p'etition presented;
A detailed list of legal services is not required for a fixed disposition fee; otherwise, it is required for non-fixed-rate compensation or work on an undisposed case and must include the service type, date, location, and time spent.
Court's wording
No detailed list of activities shall be required if the attorney is requesting the fixed amount for a disposition. If an attorney is requesting compensation other than the fixed rate, or to be compensated for work done on a case that has not been disposed of, a court-appointed attorney must submit a detailed list of legal services provided reflecting the type of itemized legal service provided, the date and location of the service, and the time spent providing the service rounded to the nearest tenth of an hour (6 minute increments) along with the voucher that is submitted in the Defense Portal.
To receive reimbursement, the attorney must submit an itemized accounting of the expenses incurred along with their voucher in the Defense Portal.
No payment shall be made until the form for itemizing the services performed is submitted to the judge presiding over the proceedings and the judge approves the payment.
All court-appointed attorneys seeking compensation for legal services must submit a voucher in the Defense Portal. The submission of the voucher is an attestation as to the accuracy of the request.
Attorneys filing a case related to a prior case must disclose the related case in the original pleading or a simultaneous filing, identifying it by style, case number and Court; otherwise the signature certifies no related case exists.
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.
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.
A request by an attorney not licensed to practice law in the State of Texas to appear in a pending case must comply with the requirements of Rule XIX of the Rules Governing Admission to the Bar.
All counsel and any self-represented person appearing in the civil courts of Dallas County shall by entering an appearance acknowledge that he or she has read and is familiar with these Local Rules, the Rules of Decorum set forth in Appendix 2, and The Texas Lawyers Creed set forth in Appendix 3.
Self-represented litigants are required to provide address, email, and telephone listings at which they can be reached by Court personnel and opposing counsel.
I will promptly submit orders to the Court. I will deliver copies to opposing counsel before or accurately reflect the substance of the rulings of the Court.
Filing & Service rules
Filing Timing and Cure Windows
The order takes effect when the original petition is filed, operates as a temporary restraining order for fourteen days, and continues as a temporary injunction if uncontested at a hearing within that period; the order terminates when the court signs a final decree.
This order is effective upon the filing of the original petition and shall remain in full force and‘effect'as a temporary restraining order for fourteen days after the date of the filing Of the original petition. If no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of the filing of the original petition, this order shall continue in full force and effect as a temporary injunction until further order'of the court. This entire order will terminate and will no longer be effective until the court signs a final decree.
Civil cases
Page 4 | 8. SERVICE AND APPLICATION OF THIS ORDER
If the offering party is not present in court, physical evidence that cannot be digitized must be tendered no later than two days after the remote proceeding.
Physical evidence which cannot be rendered in digital form shall be tendered to the court no later than 2 days after the remote proceeding if the party offering the evidence is not present in the court when it is offered.
Criminal cases
Page 2 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding
A Suggestion of Bankruptcy must be filed no more than 20 days after a party receives 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
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
In emergencies when the Clerk's office is closed, the case must still be docketed and assigned to a Court at the earliest practicable time, with all writs and process returnable to that 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.
Page 6 | 2.01
Service and Proof of Service Rules
The Suggestion of Bankruptcy must be filed with the clerk of the Court and copies 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.
Page 6 | 1.13
When practicable, digital copies of physical evidence should be emailed to the court and counsel before the hearing.
When digital copies of physical evidence can be prepared, such as audio / video recordings, documents, or images, the digital copies should be emailed to the court at jennifer.klaiber@dallascounty.org and to counsel for the parties before the hearing if practicable.
Criminal cases
Page 1 | III. Procedures for Detention Hearings Conducted as a Remote Proceeding
A self-represented litigant's failure to accept or pick up mail is constructive receipt, provable by postal service receipt or comparable proof of delivery.
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)
Motions and pleadings must not be served in any manner that unfairly limits another party's opportunity to respond.
I will not serve motions or pleadings in any manner that unfairly limits another party's opportunity to respond.
Page 23 | III. LAWYER TO LAWYER
Filing Fees and Waivers
Before a severed claim is assigned a new cause number, plaintiff's attorney must satisfy the Clerk's deposit-for-costs requirement.
Before the severed claim is assigned a new cause number, the attorney for plaintiff in the new cause shall meet the Clerk's requirement concerning deposit for costs.
Page 5 | 1.09
Adjournment & Extension Requirements
A case not reached on its scheduled date may be carried forward day to day at the trial judge’s discretion.
Cases not reached on the date set may be carried from day to day at the discretion of the trial judge.
Page 2 | 1.0 FILING, ASSIGNING, AND DOCKETING OF CRIMINAL CASES
Chambers Communication Rules
Attorneys may reserve up to three vacation weeks per year by sending a vacation letter to the Court Coordinator and opposing counsel; once filed, no hearings, depositions, or trials may be set during reserved 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
Lawyers must not send correspondence or copies of correspondence to the Court or its staff to gain an unfair advantage.
I will not attempt to gain an unfair advantage by sending the Court or its staff correspondence or copies of correspondence.
Page 23 | III. LAWYER TO LAWYER