Filing Information - Filing Procedures

 

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Civil Cases

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 1/2 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 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 ß 1914).

Also, the Clerk’s 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 Clerk’s Office will return them with a "Notice of Return of Discovery Material" form.

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" form order. If the judge signs the order, the Clerk will "unfile" the pleading.

Guide For Filing Federal Civil Suits

ITEM REQUIREMENTS
Civil Cover Sheet File the original plus one copy for the Judge.  (Please insert the county of the first plaintiff.)
Summons File the original plus one for each party to be served.  [Exceptions:  original plus two for Insurance and Highway Commissions and the Secretary of State.]
Complaint File the original plus one copy for the Court (including exhibits) and one copy for each defendant to be served.  Exceptions:
 
  • If service is to be through the Insurance commission, Highway Commission, or Secretary of State, two copies per defendant are required.  [A $40.00 check is required for each defendant served through the Secretary of State, payable to "Secretary of State," plus $10.00 per defendant if a return of service is desired.
  • If service is to be made on an agent or agency of the U.S. government or the United States of America is named, one copy for the Attorney General and one copy for the United States Attorney's Office plus one copy for each named agency are required.  See Guide for Filing Federal Suits Against the U.S. Government for more information.

NOTE:  All parties must be named in the style of the case on the complaint, notice of removal, or any other pleading initiating a suit; "et al." is not acceptable.
Certificate of Interested Persons File the original plus one copy for the Court.  See LR 3.1(f).
Service See Amended Rule 4, F.R.Civ.P.  the U.S. Marshal no longer serves summonses except for process served on behalf of the government, by order of the Court, and in forma pauperis cases.
Court  Fees

Regular Civil Suit:  $350.00 for each complaint or notice of removal
Habeas Corpus Case:  $5.00
Appeal:  $455.00 ($5.00 District filing fee; $450.00 Fifth Circuit filing fee)

Make checks payable to "Clerk, U.S. District Court."  There are no fees for jury demands, counterclaims, etc.
Notice of Removal File the original plus one copy of the civil cover sheet, supplemental civil cover REMOVAL sheet, and Notice of Removal.  Each document filed in the state court action, except discovery material, must be attached to both the original and copy of the Notice of Removal.  The documents must be individually tabbed and arranged in chronological order according to the state court file date.  The documents must be preceded by an index of all documents that clear identifies each document and indicates the date the document was filed in state court.  A copy of the docket sheet in the state court action is also required.
  See Guide for Filing Notice of Removal and LR 81.1 for more information.

 

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 attorney’s 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 Ass’n, 121 F.R.D. 284 (N.D. Tex. 1988) (en banc) and the Local Rules [LR 83.9(b)]

 

 

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