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 3.1/3.2: Filing Complaint/Certificate of Interested Persons|
|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|
|FRCP 81: Removed Actions||LR 81.1: Filing a Removal|
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.
If you are filing a Notice of Removal, please attach a completed Civil Cover Sheet and Supplemental Cover Sheet to the initiating document. After the Notice of Removal has been entered on the docket sheet, please file a separately signed Certificate of Interested Persons.
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(a)]
- 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]
- No Supplemental Cover Sheet [Notice of Removal]