Filing Information - Filing Procedures

  General Civil Filing Information

When presenting a document for filing in a civil case, you must comply with the Federal Rules of Civil Procedure (FRCP) and the Local Civil Rules (LR) of the United States District Court, Northern District of Texas. Caution: All applicable rules must be adhered to; the list below is not exhaustive.

FEDERAL RULE RELATED LOCAL RULE
FRCP 3 : Commencement of Action LR 3.1: Filing Complaint
FRCP 4: Summons LR 4.1: Proof of Service or of Waiver of Service
FRCP 5: Service and Filing of Pleadings and Other Papers LR 5.1: Filing of Pleadings, Motions, or Other Papers

LR 5.2: Filing Discovery Materials

FRCP 7: Pleadings Allowed; Form of Motions LR 7.1: Motion Practice

LR 7.2: Briefs

LR 56.1-56.7: (Regarding Motions for Summary Judgment)

FRCP 8: General Rules of Pleading  
FRCP 10: Form of Pleadings LR 10.1: Required Form
FRCP 11: Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions LR 11.1: Electronic Signature
FRCP 15: Amended and Supplemental Pleadings LR 15.1: Motions to Amend

 

Unless otherwise ordered by the presiding judge, an attorney, other than a prisoner pro se party, must file electronically (except a complaint). You may file your complaint electronically. If the document is filed electronically, follow the judge's copy requirements as required by the ECF Administrative Procedures Manual. A judge's copy is required for each document filed on paper, and if you want to keep a file stamped copy, submit an additional copy (i.e., one original and 2 copies). If you want the extra file stamped copy mailed to you, submit a self-addressed, stamped envelope.

You must file a document in the divisional office where the case is pending. The court will not accept faxed filings.

Pursuant to FRCP 5, the Clerk’s Office will not refuse to file a document solely because it is not presented in proper form. The Clerk’s Office will refuse a complaint if not submitted with the appropriate filing fee (see Fee Schedule and 28 USC 1914).

Also, the Clerk’s Office will return, under a "Notice of Return of Discovery Materials," any discovery materials that are not approved under LR 5.2.

Listed below are common filing deficiencies. The Clerk’s Office will notify the presiding judge of any of these deficiencies using a "Notice of Deficiency." If the judge signs the incorporated order, the Clerk will "unfile" the document.

Common Filing Deficiencies

  • No civil cover sheet filed with complaint [LR 3.1(c)]
  • No signature block that sets forth the attorney’s bar number and a facsimile number and e-mail address where information may be sent to the attorney [LR 10.1]
  • No certificate of service as defined in FRCP 5(d)
  • Failure to comply with motion practice requirements of LR 7.1 (e.g., no accompanying brief, certificate of conference, or proposed order)
  • Document not signed [FRCP 11]
  • No copy of the proposed amended pleading with a motion for leave to amend [LR 15.1]
  • No signature of party on a motion for continuance [LR 40.1]
  • Removal of action from state court not in compliance with LR 81.1
  • No admission to practice in the Northern District of Texas [LR 83.7]