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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.
For more filing information, see the Attorney
Handbook.
| 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 |
|
| FRCP 15: Amended and Supplemental
Pleadings |
LR 15.1: Motions to Amend |
You must submit an original and one copy of each document
on numbered, 8 ý x 11" paper, two-hole punched and stapled
at the top or fastened with metal or other durable fasteners. 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(c), the Clerks Office will
not refuse to file a document solely because it is not presented
in proper form. The Clerks Office will refuse a complaint
if not submitted with the appropriate filing fee (see Fee
Schedule and 28 USC ß 1914).
Also, the Clerks Office will refuse to file
discovery materials unless one of the exceptions listed in LR 5.2
applies. Please pay particular attention to the requirement to file
appropriate materials related to a discovery dispute. If you submit
discovery materials without written explanation, the Clerks
Office will return them with a "Notice
of Return of Discovery Material" form.
Listed below are common filing deficiencies. The Clerks
Office will notify the presiding judge of any of these deficiencies
using a "Notice
of Deficiency" form order. If the judge signs the order,
the Clerk will "unfile" the pleading.
Common Filing Deficiencies
-
No civil
cover sheet filed with complaint [LR 3.1(c)]
-
No title on the face
of the document that clearly identifies each included pleading,
motion, or other paper as required by LR 5.1(c) and LR 10.1(a)
-
No signature block
that sets forth the attorneys bar number and a facsimile
number where information may be sent to the attorney [LR 10.1]
-
No certificate of service
as defined in FRCP 5(d)
-
No summons
filed with complaint [LR 3.1(b)]
-
Failure to comply with
motion practice requirements of LR 7.1 (e.g., no accompanying
brief, certificate of conference, or proposed order when required)
-
Failure to comply with
brief requirements [LR 7.2 or LR 56.5]
-
Document not two-hole
punched at the top and either stapled in the upper, left-hand
corner or secured with a durable fastener at the top [LR 10.1(e)]
-
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]
- No statement in writing by attorney applying
for pro hac vice status that the attorney has read and
will comply with Dondi
Properties Corp. v. Commerce Sav. & Loan Assn,
121 F.R.D. 284 (N.D. Tex. 1988) (en banc) and the Local
Rules [LR 83.9(b)]
Appeals: Civil
or Criminal, Bankruptcy: General
Information, Notice
of Transfer, Attorney
Desk Reference, Bankruptcy Filings,
Instructions for Non-Lawyers,
Civil Cases: General
Instructions, Discovery Materials,
Suits Against the U.S. or Employee of
Govt, Removals from State Court,
Default Judgment, Clerk's
Entry of Default, Sensitive or Confidential: Filing
a Document Under Seal, Private
and Sensitive Case Info on the Internet
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