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Vernon's Texas Rules Annotated - VTRA TX R DALLAS CTY CT 1 Dismissal and Disposition Docket

Current as of January 01, 2024 | Updated by Findlaw Staff

A. All newly filed cases are given a dismissal date 120 days after the filing date (on the next available Wednesday).  Notice of the dismissal date will be promptly mailed to the party/counsel.  The case will be dismissed for want of prosecution if the following does not occur prior to the dismissal date:

1. Process of service is completed and an answer is filed,

2. Process of service is completed and default judgment is granted,

3. Motion to Retain (with verification and certificate of service) filed and set for hearing (cannot retain a case more than once).

B. If none of the above have been completed, the responsible party will need to have an attorney appear at the hearing with an Affidavit of Due Diligence documenting all service attempts.  Pursuant to TRCP 165, a Motion to Retain with an Affidavit of Due Diligence may be filed with the clerk's office prior to the dismissal setting.  The Motion to Retain must be verified and contain a Certificate of Service to the defendant(s).

A Motion to Retain must be filed by 5:00 pm at least five business days before the dismissal date to allow enough time for processing and scanning.  Just filing a motion prior to the dismissal date will NOT remove your case from the dismissal docket.  It is the party/counsel's responsibility to follow up with the Court Coordinator to request a hearing and ensure removal from the docket.  An Order to Retain will not be signed;  instead the period of time from the dismissal date until the retain hearing is the extension you are given.  Afterwards, an attorney must appear at the retain setting if all answers have not been filed and/or default judgments granted.  Cases may only be set on the retain docket once.

C. The following cases do not receive dismissal dates but are immediately given trial dates or reviewed by the Court:

1. Forcible Entry and Detainer Appeal- trial date set 14-21 days after filing

2. All other JP Appeals--mediation and trial date set

3. Condemnation--need appointment of Special Commissioners

4. Foreign Judgment--reviewed by the court

5. Bill of Review--reviewed by the court

Upon notice that the case is ready for disposition (verdict, dispositive motion, settlement, etc.), the case will be set on a 30-day disposition docket (on the next available Wednesday).  Counsel is required to submit all final paperwork for disposition of the case within 30 days.  Failure to provide the Court with the appropriate paperwork (i.e., judgment or non-suit with order) prior to the date the case is reached on the Disposition Docket WILL result in dismissal.  Cases will be reset on the disposition docket only twice before being issued a new trial date.

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Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R DALLAS CTY CT 1 Dismissal and Disposition Docket - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtratx-r-dallas-cty-ct-1-dismissal/

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