U.S. District Court - Northern District of Texas

Publications - Attorney & Pro Se Handbook

Procedure

IV. Subsequent Filings
A.	Procedure
B.	General Requirements
C.	Summary of General Requirements
D.	Request to Seal
E.	Special Additional Requirements for Motions Brief or Memorandum of Law Appendix Certificate of Conference Proposed Order Granting the Motion Proposed Amended Pleadings
F.	Deficiencies

All subsequent filings must be submitted to the District Clerk's Office in the divisional office where the case was filed, not with the presiding judge to whom the case is assigned (see LR 5.1 and LCrR 49.2). To file a document in a divisional office other than where the case is pending, a filer must obtain permission from the presiding judge. If permission is granted, the presiding judge will notify the District Clerk that the document may be filed as requested.

General Requirements
For each subsequent filing, unless otherwise specified in the Federal Rules of Civil Procedure or the local rules for the Northern District of Texas, the original document should be submitted along with one copy. Each original document remains in the District Clerk's Office, and the Clerk's Office forwards the copy to the presiding judge. The filing party may submit an extra copy of each document if he or she wants to retain a file stamped copy. The filer must submit a self-addressed, stamped envelope if the filer wants the extra stamped copy to be returned by mail.

Each document filed in the Northern District should have the correct case style as indicated in the example shown below.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS (Insert Appropriate City) DIVISION
_______________________	'
FIRST PLAINTIFF,	'
(et al.)	'
	'	Civil Action No.:
v.	'	(Insert Assigned Case Number)
	'
FIRST DEFENDANT,	'
(et al.)	'

TITLE OF DOCUMENT

It is acceptable to list the first plaintiff and first defendant followed by "et al." on any document except the original complaint, amended complaint, notice of removal, third-party action, or pleading adding a party. Except for a proposed order or judgment, a document may contain more than one pleading, motion, or other paper, as long as each document is clearly identified in the title. Each document (except an exhibit or unless otherwise provided by local rule) must be on paper measuring 8 1-2 x 11 inches, stapled in the upper left-hand corner, and two-hole punched at the top. If the document is too large to staple, the top should be secured with metal prongs or other durable fasteners. The document should be typed or legibly handwritten on numbered pages. An exhibit to a document must also be stapled or bound together. If the exhibit is not attached to a document, it must have a cover page that includes the heading, style, and case number of the document. The title on the cover page should indicate Exhibit to (the name of the document it supports).

Each attorney or pro se litigant must place an original signature on any document filed with the District Clerk's Office. The signature block must consist of the attorney's (or pro se litigant's) name typed or printed under the signature. The signature block must also list the attorney's state bar number, address (law firm name, street, including suite number, city, state, and zip code), telephone number, and fax number.

Summary of General Requirements
The general information that should be included in a subsequent document filed with the District Clerk's Office is as follows:
1. name of the Court;
2. names of the parties;
3. case number, including the presiding judge's letter designation;
4. title of the document;
5. original signature of the pro se litigant or attorney with name, state bar number, firm, address, telephone number, and fax number;
6. certificate of service; and
7. an original and one copy of the entire document (including exhibits).
Request to Seal
A party who desires to file a document under seal must, at the time the document is presented for filing, either present a motion to file the document under seal or demonstrate that a judge has ordered that the document be filed under seal (see LR 79.4 and LCrR 55.3). Put the original document in a 9 1-2 x 12" (or larger) envelope clearly marked "SEALED". On the front of the envelope, display the case number, case style and title of the document. (This can be accomplished easily by making a photocopy of the top portion only of the document and attaching it to the front of the envelope.) Place the required copy in a separate envelope, and follow the same procedure, marking the word Copy on this separate envelope.

Unless otherwise directed by a judge, the District Clerk will unseal any sealed document 60 days after final disposition of a case. If a party desires that a document remain permanently sealed, the party must move for this relief before the expiration of the 60-day period.

Special Additional Requirements for Motions
In addition to the general requirements for subsequently filed documents, other papers as described below must accompany a motion.
1. Brief or Memorandum of Law
  A brief in support of the motion must be filed with certain motions (see LR 7.1, LCrR 47.1). The document should be titled "Motion and Brief in Support" if the brief is included in the motion.
  Except by permission of the presiding judge or as provided in LR 56.5, no brief shall exceed twenty-five pages in length, excluding the table of contents and table of authorities. A reply brief must not exceed ten pages (except as provided in LR 56.5). Permission to file a brief in excess of this page limitation will be granted only for extraordinary and compelling reasons (see LR 7.2 and LCrR 47.2).
  A brief filed in a bankruptcy appeal must comply with the Federal Rules of Bankruptcy Procedure unless otherwise directed by the presiding judge.
  A brief exceeding ten pages must contain a table of contents and a table of authorities. The table of authorities must include the cases (alphabetically arranged), statutes, and other authorities cited with page references to where each authority is cited in the brief.
2. Appendix
  Documentary or non-documentary evidence used to support or oppose a motion must be included in an appendix (see LR 7.1(i) for specific appendix format requirements). The appendix must be assembled as a separate, self-contained document. Each page of the appendix must measure 8 1-2 x 11 inches, and each page must be numbered sequentially through the last page of the entire appendix. Non-documentary exhibits and oversized exhibits included in the appendix must be placed in an 8 1-2 x 11 inch envelope that is numbered as if it were a single page.
  The party's brief must include citations to each page of the appendix that supports each assertion regarding the documentary or non-documentary evidence used to support or oppose the motion.
3. Certificate of Conference
  A certificate of conference is required for certain motions (see LR 7.1, LCrR 47.1). Click her for an example of a certificate of conference.
4. Proposed Order Granting the Motion
  Most motions must be accompanied by proposed orders. A proposed order should be separate from the motion and should have a place for the presiding judge to sign if the motion is granted (see LR 7.1 and LCrR 47.1).
5. Proposed Amended Pleadings
  Once a document is filed, the District Clerk's Office cannot allow it to be altered in any way. If changes are desired, the filing party typically must submit a supplemental or amended document.
  A party who moves for leave to file an amended pleading must attach a copy of the proposed amended pleading as an exhibit to the motion and submit as separate documents an original and second copy of the proposed pleading (see LR 15.1).
Deficiencies
Pursuant to Rule 5(e) of the Federal Rules of Civil Procedure, the District Clerk may ". . . not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or any local rules or practices." The Court's policy is to accept any paper tendered for filing regardless of failure to comply with the Federal Rules of Civil Procedure or the local rules of the Northern District. However, the District Clerk's Office is required to inspect papers for deficiencies and bring deficiencies to the attention of the presiding judge. The presiding judge may direct the District Clerk's Office to strike any deficient pleading using a standard order on the Notice of Deficiency form. This form must be obtained from the clerks office, however you can view an example of a Notice of Deficiency form here. The District Clerk's Office may refuse to file any document that requires a fee unless the appropriate fee has been paid or a judge has permitted a party to proceed without prepayment of fees (see LR 83.5).