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A civil case is initiated by filing a complaint
with the District Clerk's Office. Once received, the Clerk's Office
gives the complaint an action number and assigns it to a district
judge and magistrate judge. In a division with more than one judge,
the Clerk's Office uses a random assignment system. The District
Clerk has no discretion in the assignment of a case (see LR 83.3
and LCrR 57.3).
- Requirements For A New Civil
Case
- Civil Cover Sheet
A filer must submit a completed Civil
Cover Sheet (JS 44 Form) with each new complaint.
Click here to view a Guide
For Filing A Federal Civil Suit in the Northern District of
Texas. The filer must prepare the Civil Cover Sheet
in accordance with the instructions on page two of the form
and present it for filing. For a case originally filed in
state court and removed to the Northern District of Texas,
the filer must also submit a Supplemental
Civil Cover Sheet. Click here to view
a Guide for Filing Notice
of Removal in the Northern District of Texas.
- Filing Fee
The filing fee for a regular civil action is $350.00. The
filing fee for a Petition for Writ of Habeas Corpus
is $5.00. No filing fee is required for a Petition for Stay
of Execution or for a Motion under 28 USC § 2255 to Vacate
Sentence. All checks are to be made payable to Clerk, United
States District Court. The Amarillo, Dallas, Ft. Worth and Lubbock Clerk's
Offices also accepts credit cards (MasterCard, Visa, American
Express, Discover, and Diners Club).
A party who cannot afford to pay the requisite filing fee
may submit a motion to proceed in forma pauperis with supporting
affidavit contemporaneously with the complaint. If the motion
to proceed in forma pauperis is granted, no filing fee will
be required.
The Clerk will refuse to file a complaint unless the filing
party submits the full filing fee or a motion to proceed in
forma pauperis.
- Service of Process
Detailed instructions for service of process can be found
in Rule 4 of the Federal Rules of Civil Procedure. Service
can be satisfied by one of the methods described below.
- Summons
A summons is required
for each defendant named as a party to the suit.
The following information should be typed or printed on
the summons: (a) the name of the first plaintiff (followed
by et al. if there is more than one plaintiff),
(b) the name of the first defendant (followed by et
al. if there is more than one defendant), (c) the
name and address of the defendant being served, (d) the
name and address of the plaintiff's attorney (or the name
of the pro se litigant), and (e) the number of
days the defendant has to answer.
The District Clerk's Office must issue a summons for it
to be valid. To issue a summons, a deputy of the District
Clerk's Office signs, dates, and seals the summons form.
The attorney or pro se litigant should complete
and submit for issuance two summonses for each defendant
named in the complaint. The District Clerk's Office will
return one summons to the filing party for service with
the complaint on the defendant. The District Clerk will
retain one copy for the Court record. The filing party
should bring an additional summons if he or she wishes
to retain a copy.
When service is to be made through the Commissioner of
Insurance or the Commissioner of Highways, the filing
party must submit three summonses for issuance. The Clerk's
Office will return two to the filing party for service
on the Secretary or Commissioner and retain the third
for the Court's record.
No summons will be issued for cases removed from state
court unless service was: (a) not issued in state court
or (b) was defective. Also, unless ordered by the presiding
judge, a summons will not be issued in cases where in
forma pauperis status is granted.
Service of a summons together with a copy of the complaint
must be made pursuant to Rule 4 of the Federal Rules of
Civil Procedure. Rule 4(c)(2) provides for personal service
by anyone eighteen years of age or older who is not a
party to the suit. Other methods of service are described
below.
- Service by the
United States Marshal
The United States Marshals Service
will effectuate service if ordered to do so by the
Court. The Marshals Service will need a completed
USM Form 285, the summons, and attached complaint
for each defendant. The party requesting service should
obtain the USM Form 285 from the Marshals Service.
- Service by Mail
Service of a summons may be made by mailing a copy
of the summons and a copy of the complaint to each
defendant by registered or certified mail, return
receipt requested. See Rule 4(e)(1) of the Federal
Rules of Civil Procedure and Rule 106 of Texas Rules
of Civil Procedure.
- Service through
the Secretary of State
For service through the Secretary of State in Austin,
Texas, please refer to the Texas Long Arm Statute
(set forth at Tex. Civ. Prac. & Rem. Code Ann.,
' 17.041 et seq.). The filing party must submit
three summonses with copies of the complaint for each
defendant. Contact the Secretary of State's Office
for information regarding the appropriate fee.
- Service on the
United States
Rule 4(i) of the Federal Rules of Civil Procedure
governs service on the United States of America, the
Attorney General, and the agencies, officers, employees,
and corporations of the United States. The United
States Attorney's Office can be served personally
or via registered or certified mail addressed as follows:
Civil Process Clerk
U.S. Attorney for the Northern District of Texas
Division Name
Address
City, State & Zip Code
See the Guide
for Filing Federal Civil Suits Against the United
States, an Agency Official, or an Employee of the
United States Government in the Northern District
of Texas for more information on filing a civil
suit against the United States.
- Service on a
Foreign Country
An attorney seeking to serve a foreign country or
party in a foreign country should refer to information
on the State Department website at www.travel.state.gov/judicial_assistance.html.
- Service by Publication
Upon order of the Court, the United States Marshals
Service will serve a summons by publication.
- Waiver of Service
of Summons
Rule 4(d)(2) of the Federal Rules of Civil Procedure provides
for waiver of service of summons when the defendant is
subject to service under subsection (e), (f), or (h) of
Rule 4. Waiver is accomplished when the defendant consents
to the waiver and completes and returns a waiver form.
A plaintiff seeking waiver must send a Notice
of Lawsuit and Request for Waiver of Service of Summons
form, a Waiver of Service
of Summons form, and a copy of a newly filed civil
complaint to the defendant. The defendant may sign the
waiver agreeing to waive service by summons or may decline
to waive service using the same form. The Notice of Lawsuit
and Request for Waiver of Service form and Waiver of Service
of Summons form are available in the District Clerk's
Office.
A defendant who is served with a Notice of Lawsuit and
Request for Waiver of Service must return the executed
Waiver of Service of Summons form to the plaintiff, either
waiving service or declining to waive service, within
thirty days from the date the Notice of Lawsuit and Request
for Waiver of Service forms were mailed. An answer must
be filed within sixty days of the date the plaintiff mailed
the waiver. The only exception to this rule is for a defendant
in a foreign country who will be allowed sixty days to
return the waiver and ninety days to file an answer.Note
that all deadlines are calculated from date of mailing,
not from date of receipt.
- Civil Complaint
A filer must ensure that each document submitted to
the District Clerk's Office for filing (except exhibits
or unless otherwise provided by local rule) is on
paper measuring 8-1/2 x 11 inches, stapled
in the upper left-hand corner, and two-hole punched
at the top. Additionally, each document should
be typed or legibly handwritten on numbered pages.
If a document is too large to staple, the filer should
secure the top with metal prongs or other durable
fasteners (see LR 10.1 and LCrR 49.3).
The correct heading for a new complaint is shown below
(see Rule 10 of the Federal Rules of Civil Procedure).
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
(Insert Appropriate City) DIVISION |
| _______________________ |
' |
|
| Plaintiff's Complete Name |
' |
|
| (List All) |
' |
|
| |
' |
Civil Action No.: |
|
v. |
' |
______________ |
| _______________________ |
' |
|
| Defendant's Complete Name |
|
|
| (List All) |
|
|
ORIGINAL COMPLAINT
In the title of the complaint,
the plaintiff must list the names of all parties
to the action and must not use the et al. abbreviation.
The plaintiff must submit an original and one copy
of the complaint to the Clerk's Office for filing
and bring an additional copy if he or she wants to
retain a file stamped copy.
The clerk's office will assign a case number to each
civil action and, in a division with more than one
sitting judge, will choose a presiding district judge
and magistrate judge by random draw. The case number
is composed of five parts. The first digit is the
division where the case was filed (1: Abilene, 2:
Amarillo, 3: Dallas, 4: Fort Worth, 5: Lubbock, 6:
San Angelo, and 7: Wichita Falls). For example, a
case filed in Amarillo would start with 2 and Dallas
with 3. After the division number and colon is the
year the case was filed (e.g., 03, 04) and "cv"
for civil. This is followed by the sequential case
number, a hyphen, and the alpha designation of the
District Judge assigned to the case.
Sample Case
Number: 3:03-CV-0001-H
The sample above would be the
first civil case filed in the Dallas Division in 2003,
and it would be assigned to Senior Judge Sanders.
To file a complaint, the attorney
or pro se litigant must have an original signature
on the complaint and on any pleadings filed with the
complaint. The signature block must consist of the
attorney's (or pro se litigant's) name typed
or printed under the signature, the attorney's state
bar number, the address (law firm name, street, including
suite number, city, state, and zip code), telephone
number, and fax number (if available) of the attorney
or pro se litigant.
- Certificate of
Interested Persons
A plaintiff must submit, along with the complaint,
a separately signed certificate of interested persons
that contains a complete list of all persons, associations
of persons, firms, corporations, partnerships, guarantors,
insurers, affiliates, parent or subsidiary corporations,
or other legal entities who are financially interested
in the outcome of the case (see LR 3.1). A defendant
must submit, with the initial responsive pleading,
a separately signed certificate of interested persons,
or the defendant may adopt a certificate previously
filed.
The party who removes a civil action from state court
must provide a separately signed certificate of interested
persons that complies with LR 3.1(f). The plaintiff
in the state court action may either adopt the removing
party's certificate or file another certificate (see
LR 81.1 and 81.2).
- Request to Seal
A party who desires to file a complaint under seal
must, at the time the complaint is presented for filing,
demonstrate that a judge has ordered that the case
be filed under seal or that a statute or rule requires
or permits the clerk to file it under seal (see LR
79.4 and LCrR 55.3). If the party presents the complaint
with a motion to file under seal, the clerk will defer
opening the case until a judge has ruled on the motion.
- Jury Demand
There is no fee in federal court for filing a jury
demand. The jury demand may be filed as a separate
document or may be requested in the complaint. If
requested in the complaint, the title of the complaint
must also state . . . AND JURY DEMAND. Designating
a jury demand on the Civil Cover Sheet alone does
not constitute a proper request.
- Consent to Proceed
Before a Magistrate Judge
The Court has experienced magistrate judges. A magistrate
judge may, upon the consent of all parties in a civil
action, conduct any or all proceedings, including
a jury or non-jury civil trial, and order entry of
a final judgment pursuant to 28 U.S.C. § 636.
To consent to trial before a magistrate judge, the
parties must execute and return a Consent
to Proceed Before a United States Magistrate Judge
to the District Clerk's Office.
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- Specific
Types of Actions
- Notice of Removal
A party who removes a civil case from state court to the United
States District Court must pay a $350.00 filing fee (see Rule
81(c) of the Federal Rules of Civil Procedure and 28 U.S.C.
§ 1441 et seq.). The removing party must submit an original
and one copy of a completed JS 44 Civil
Cover Sheet, an original and one copy of a Supplemental
Civil Cover Sheet, and an original and one copy of the
Notice of Removal. The party also must comply with all the
requirements of LR 81.1. Typically, no summons will be issued
for a case removed from state court (see 28 U.S.C. §
1448: Process After Removal).
The style of the Notice of Removal must be identical to the
style of the original petition filed in state court. All parties
must be listed in the style of the case. Use of the abbreviation
"et al." is not acceptable in a Notice of Removal.
The Notice of Removal must also contain a certificate
of service signed by the party or attorney stating that service
has been effected as required.
- Application for Writ
of Garnishment
In general, a person applying for a Writ of Garnishment should
follow the Texas State Court Rules (see Tex. Civ. Prac. &
Rem. Code Ann. § 63.001, et seq.). The filer is
responsible for providing an original and one copy of a completed
application for Writ of Garnishment along with a $350.00 filing
fee. In a prejudgment case, the filer must also submit a proposed
order to issue the writ.
- Transfer of Bankruptcy
Matters to the District Court
A filing party must reference the bankruptcy case number and/or
adversary case number on all documents filed in connection
with a bankruptcy matter transferred to the District Court.
Any proposed order should also reference the bankruptcy case
number and/or adversary case number. For more specific instructions
regarding bankruptcy procedures, contact the Clerk of the
Bankruptcy Court.
- Appeals
To appeal the ruling of a Bankruptcy Judge, an appellant
must submit a Notice of Appeal to the Bankruptcy Clerk
along with the appropriate filing fee made payable to
AClerk, United States Bankruptcy Court. Within 20 days
of the filing of the Notice of Appeal, payment of appropriate
filing fee, and filing of designations of items to be
included in the record, the parties who have filed designations
must provide copies of the designated items to the Bankruptcy
Clerk. The Bankruptcy Clerk will transmit to the District
Clerk a complete or incomplete record that will include
an original and one copy of a volume consisting of: a)
the notice of appeal; b) the judgment, order or decree
appealed from; c) any opinion, findings of fact, and conclusions
of law of the Bankruptcy Court; d) the docket sheet; and
e) each party's designated record, assembled and paginated
according to LBR 8006.4. Upon receipt of the record, the
District Clerk will assign a case number and a district
judge and magistrate judge by random draw.
After the District Clerk enters the appeal on the docket,
the Clerk will release the record on appeal to the designated
attorney for the appellant at the appellant's request.
To make the request, the appellant must execute and deliver
to the District Clerk the Notice of Transfer of the Record
on Appeal form. Thereafter, each time the appeal record
changes hands, from appellant to appellee and from appellee
back to the Clerk, the attorney releasing custody of the
record and the attorney receiving custody of the record
must execute and deliver to the District Clerk the Notice
of Transfer of the Record on Appeal.
- Leave to Appeal Interlocutory
Bankruptcy Orders
To appeal an interlocutory bankruptcy order, an appellant
must submit a Motion for Leave to Appeal and a Notice
of Appeal to the Bankruptcy Clerk, accompanied by an acknowledgment
of service. Once responses are filed, the Bankruptcy Clerk
will transmit the motion and accompanying papers to the
District Clerk's Office. The District Clerk's Office will
give the appeal a case number and will assign it to a
district judge and magistrate judge.
- Withdrawal of Reference
In a bankruptcy matter that may be tried by a district
judge, a party may request that the case be heard in District
Court by filing a Motion to Withdraw Reference with the
Bankruptcy Clerk and submitting the appropriate filing
fee. The Bankruptcy Clerk will transmit the Motion to
Withdraw Reference to the District Clerk's Office where
it will be assigned a case number. A district judge will
then be assigned to rule on the application. If the district
judge grants the Motion to Withdraw Reference, the case
will be heard in District Court in the usual manner.
- Emergency Appeals From
Bankruptcy Court
An appellant may file an emergency appeal from Bankruptcy
Court with the Clerk of the District Court or with the Clerk
of the Bankruptcy Court. There is no filing fee. Before an
emergency appeal may be filed, the attorney presenting the
appeal must certify in writing that the matter has been presented
to and ruled on by a bankruptcy judge or that no bankruptcy
judge is available.
The appellant must submit to the Bankruptcy Clerk an original
and one copy of a completed Certification
Regarding Request for Emergency Hearing form and an original
and one copy of a Motion to Stay. The Bankruptcy Clerk will
transmit the bankruptcy record to the District Clerk's Office.
The District Clerk's Office will give the appeal a case number
and will assign a district and magistrate judge. It is the
filing party's responsibility to present the emergency matter
to the district judge to whom the case is assigned.
- Interpleader
An interpleader action is a civil action initiated by a party
who has possession of money or property that is claimed by
two or more other parties. The initiation of an interpleader
action and deposit of the money or property with the Court
may absolve a party of liability that could accrue if the
property or money was given to an improper claimant.
Under 28 U.S.C. ' 1335, federal District Courts have original
jurisdiction over interpleader actions if two conditions are
met: (a) the money or property has a value of $500 or more
and (b) two or more of the adverse claimants are of diverse
citizenship as defined in 28 U.S.C. ' 1332.
To file an interpleader action, the filing party must submit:
(a) an original and one copy of the Complaint of Interpleader;
(b) funds in the amount specified in the Complaint of Interpleader;
(c) an original and two copies of a completed Civil Cover
Sheet; and (d) a $350.00 filing fee.
- Federal Tort Claims
A party seeking to pursue a federal tort claim should obtain
an SF-95 claim form from the U.S. Department of Justice website
at www.usdoj.gov/civil/forms/sf95.pdf
or obtain a printed copy by writing to:
Federal Tort Claims Act StaffU.S. Department of Justice, Civil
DivisionP.O. Box 888 Benjamin Franklin StationWashington,
DC 20044
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TOC
| I. OFFICE OF THE DISTRICT CLERK |
II. GENERAL PROCEDURES | III. COMMENCEMENT
OF A CIVIL ACTION
| IV. SUBSEQUENT FILINGS | V.
DISCOVERY | VI. POST-JUDGMENT INSTRUMENTS
| VII. MISCELLANEOUS CASES |
VIII. WEB SITE ADDRESSES
|
