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CIVIL RULES

LR 1.1 Definitions.

Unless the context indicates a contrary intention, the following definitions apply in these rules:

  1. Court. The word "court" means the district judges of the United States District Court for the Northern District of Texas, as a collective body.
  2. Presiding Judge. The term "presiding judge" means the judge to whom a case is assigned. The word "judge" includes district judges and magistrate judges.
  3. Attorney. The word "attorney" means either:
    1. a person licensed to practice law by the highest court of any state or the District of Columbia; or
    2. a party proceeding pro se in any civil action.
  4. Clerk. The word "clerk" means the clerk of this court.
  5. Discovery Materials.  The term "discovery materials" means notices of and depositions upon oral examination or written questions, interrogatories, requests for documents and things, requests for inspection or to permit entry upon land, requests for admission, and answers and responses thereto, and disclosures made in compliance with Fed. R. Civ. P. 26(a)(1) or (2).
  6. ECF. The term "ECF" means electronic case filing and refers to the court's web-based document filing system that allows a document to be transmitted, signed, or verified by electronic means in a manner that is consistent with technical standards established by the Judicial Conference of the United States.
  7. Judge's Copy. The term "judge's copy" means a paper copy of an original pleading, motion, or other paper that is submitted for use by the presiding judge.

LR 3.1 Filing Complaint by Electronic Means.

A plaintiff may file a complaint by electronic means by following the procedures set forth in the ECF Administrative Procedures Manual. The complaint must be accompanied by:

  1. a civil cover sheet;
  2. the required filing fee or the appropriate application to proceed without prepayment of fees; and
  3. a separately signed certificate of interested persons—in a form approved by the clerk—that contains—in addition to the information required by Fed. R. Civ. P. 7.1(a)—a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary.

LR 3.2 Filing Complaint on Paper.

To file a complaint on paper, a plaintiff must provide the clerk:

  1. an original of the complaint;
  2. a copy of the complaint and a completed civil summons form for each defendant to be served;
  3. a civil cover sheet;
  4. the required filing fee or the appropriate application to proceed without prepayment of fees; and
  5. a separately signed certificate of interested persons—in a form approved by the clerk—that contains—in addition to the information required by Fed. R. Civ. P. 7.1(a)—a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary.

LR 3.3 Filing Complaint in Related Case; Notice of Related Case.

  1. Notice Requirement. When a plaintiff files a complaint and there is a related case, as defined by LR 3.3(b)(l), (b)(2), or (b)(3), the complaint must be accompanied by a notice of related case. The notice must state the style and civil action number of the related case, the name of the presiding judge, whether the case is pending, and, if the case has been dismissed or remanded, the date of the final judgment or order
    remanding the case.
  2. Related Case Defined. A "related case" is any civil action
    1. that the plaintiff dismissed with the intent or for the purpose of obtaining a different assigned presiding judge and that is being refiled through the complaint;
    2. that the plaintiff dismissed under Fed. R. Civ. P. 41(a)(l) by notice of dismissal, and that is being refiled through the complaint without changing the parties, or after adding or omitting one or more parties;
    3. that—to the best of the plaintiff's or removing party's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances—arises from a common nucleus of operative fact with the case being filed or removed, regardless whether the related case is a pending case;
      or
    4. that was remanded and, regardless whether one or more parties or one or more claims or defenses have changed, is being removed again.
  3. Effect of Failure to File Notice of Related Case. A plaintiff who does not file a notice of related case under LR 3.3(a), and a removing party who does not file a notice of related case under LR 81.1(a)(3), certifies that there is no related case, as defined in LR 3.3(b), to the case being filed or removed.

LR 4.1 Proof of Service or of Waiver of Service.

Proof of service or of waiver of service must be made by filing with the clerk the summons and any supporting documentation required or allowed by Fed. R. Civ. P. 4, or an executed waiver.

LR 5.1 Filing and Serving Pleadings, Motions, or Other Papers.

  1. Filing with the Clerk. A pleading, motion, or other paper that the Federal Rules of Civil Procedure permit or require to be filed, or that the court orders to be filed, that is submitted on paper, must be filed with the clerk's office for the appropriate division. Unless the presiding judge agrees to accept it for filing, the pleading, motion or other paper must not be sent directly to the presiding judge.
  2. Original and Judge's Copy Required. An original and one judge's copy of each pleading, motion, or other paper that is submitted on paper must be filed with the clerk. If a pleading, motion, or other paper is filed by electronic means, the judge's copy must be submitted following procedures set forth in the ECF Administrative Procedures Manual.
  3. Document Containing More Than One Pleading, Motion, or Other Paper. Except for a proposed order or judgment, a document may contain more than one pleading, motion, or other paper. Any such document must clearly identify each included pleading, motion, or other paper in its title.
  4. Serving by Electronic Means. Delivery of the notice of electronic filing that is automatically generated by ECF constitutes service under Fed. R. Civ. P. 5(b)(2)(E) on each party who is a registered user of ECF.
  5. Electronic Filing Required. Unless the presiding judge otherwise directs, an attorney—other than a prisoner pro se party—must file any pleading (except a complaint), motion, or other paper by electronic means, subject to the restrictions and requirements of the ECF Administrative Procedures Manual. A party may, for cause, move to be excused from the requirement of electronic filing.
  6. Registration as an ECF User Required. Unless excused for cause, an attorney—other than a prisoner pro se party—must register as an ECF user within 14 days of the date the attorney appears in a case, following the registration procedures set forth in the ECF Administrative Procedures Manual.

LR 5.2 Filing Discovery Materials.

  1. Discovery Materials Not to be Filed. [Repealed 12-1-00]
  2. Deposition Notices Not to be Filed. [Repealed 12-1-00]
  3. Filing Discovery Materials for Use in Discovery Proceedings.  A motion that relates to a discovery proceeding must only contain the portions of the discovery materials in dispute.
  4. Filing Discovery Materials for Use in Pretrial Motions. When discovery materials are necessary for consideration of a pretrial motion, a party shall file only the portions of discovery on which that party relies to support or oppose the motion.

LR 5.3 Prisoner's Civil Rights Complaints.   

A prisoner's complaint alleging violations of civil rights under 28 U.S.C. § 1331 or § 1343 must be filed in accordance with the current miscellaneous order establishing procedures for such actions.

LR 5.4 Post-Conviction Relief.   

A prisoner petition or motion filed under 28 U.S.C. § 2254 or § 2255 must be filed in accordance with the current miscellaneous order establishing procedures for such petitions or motions.

LR 6.1 Time Deemed Filed.

A pleading, motion, or other paper that is filed by electronic means before midnight central time of any day will be deemed filed on that day. A pleading, motion, or other paper that is filed on paper before the clerk's office is scheduled to close on any day will be deemed filed on that day.

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