District of Columbia Pre-Motion Conference Requirements

Initial Scheduling Conference required after answer in cases under FRCP 26(f).

Source text: After an answer is filed, for those cases covered by Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3, the Court will set an Initial Scheduling Conference and order the parties to meet and confer to discuss the matters set forth in Local Civil Rule 16.3(c), and to jointly file a report addressing them.

Sur-replies require leave of court with good cause; motion for leave cannot include the sur-reply itself.

Source text: c. Sur-Replies. A party may not file a sur-reply without first obtaining leave of the Court and may do so only upon a specific showing of good cause. Any motion for leave to file a sur-reply shall not be accompanied by a copy of the sur-reply that the party wishes to file.

Pre-motion conference required for dispositive motions; 4-page notice and 1-week response required.

Source text: f. Pre-Motion Conference. If a party wishes to file a dispositive motion, it must request that the Court schedule a pre-motion conference. To so request, the moving party shall submit a short notice via ECF, not to exceed four double-spaced pages in length, setting forth the basis for the anticipated motion, including the legal standards and the claims at issue. Other parties shall respond by filing, within one week, a document of similar length setting forth their anticipated responses to the proposed motion. The Court will review and discuss with counsel the anticipated motion at the pre-motion conference, which will take place in-person unless the Court grants permission to hold the conference by video. The parties should contact Judge Reyes’ Courtroom Deputy to schedule the conference for a date 1-2 weeks after the response is filed. This requirement shall not apply to incarcerated pro se litigants or immigration mandamus cases.

Non-dispositive motions require conference with opposing counsel and certificate of conference with at least two personal communications.

Source text: Local Civil Rule 7(m), which requires counsel to confer before filing a non-dispositive motion and to include in the motion confirmation that such conferral occurred and a statement whether the motion is opposed, will be strictly enforced. See LCvR 7(m). The Court expects counsel to exhaust efforts to confer before bringing before it any such dispute. An adequate certificate of conference almost always requires at least two personal communications between counsel. Un-responded to emails are not enough to satisfy counsel’s obligations under this Rule. Failure to comply fully with Local Civil Rule 7(m) when filing a non-dispositive motion will result in the motion being stricken and may also result in further sanctions.

Discovery disputes must be resolved informally first, then email Court for teleconference with specific content requirements.

Source text: Before bringing a discovery dispute to the Court’s attention, the parties must confer in good faith in an attempt to resolve the dispute informally. If unable to resolve the dispute informally, the parties shall jointly prepare a short email to send to the Court, at Reyes_Chambers@dcd.uscourts.gov, requesting a teleconference with the Court and including a clear, concise description of the issues in dispute, an explanation of the parties’ positions with citations, and responses to opposing arguments.

Leave of Court required before filing discovery dispute motions.

Source text: Before filing a motion relating to a discovery dispute, a party must obtain leave of the Court. Failure to comply with this requirement may result in any such motion being stricken.

Motions in limine must be fully briefed with specific timing: 21 days before JPTS for motion, 14 days for opposition, 7 days for reply.

Source text: Motions in limine shall be fully briefed at the time of filing of the parties’ Joint Pretrial Statement. Accordingly, the moving party’s motion in limine and supporting memorandum shall be filed and served upon the opposing party at least 21 days before the Joint Pretrial Statement is due. The opposition shall be filed and served upon the moving party within 14 days of service of the motion in limine. Any reply shall be due within 7 days of service of the opposition.

Separate numbered motions in limine required for each discrete issue; omnibus motions not accepted.

Source text: The Court does not accept omnibus motions in limine. Parties should file separate motions in limine for each discrete issue. The motions should be numbered in sequential order.

Motions in limine must be fully briefed with Joint Pretrial Statement; opposition due in 5 days, reply in 2 days.

Source text: Motions in limine shall be fully briefed at the time of the pretrial conference. Accordingly, the moving party’s motion in limine and supporting memorandum shall be filed and served upon the opposing party no later than the date of filing the Joint Pretrial Statement. The opposition shall be filed and served upon the moving party within 5 days of service of the motion in limine. Any reply shall be due within 2 days of service of the opposition.

Parties must meet and confer in person on motions in limine.

Source text: Parties are required to meet and confer on any dispute brought to the Court. At least one such meeting must occur in person.

Oral argument on motions in limine occurs at Pretrial Conference.

Source text: Oral argument on motions in limine, if necessary, shall occur at the Pretrial Conference.

Discovery disputes require joint email to chambers before telephone conference.

Source text: Counsel shall confer in good faith in an effort to resolve any discovery dispute. If counsel are unable to resolve the dispute, they must first JOINTLY submit, via email to chambers, a clear, concise description of the issues in dispute, each party's position on the disputed issues, and the parties' joint availability for an on-the-record telephone conference. The court will then respond as soon as practicable to schedule a telephone conference and provide the parties with call-in information.

Discovery motions require prior telephone conference with court and opposing counsel.

Source text: Counsel shall not file any discovery-related motion without a prior telephone conference with the Court and opposing counsel.

Discovery-related motions require a prior telephone conference with the Court and opposing counsel.

Source text: Counsel shall not file any discovery-related motion without a prior telephone conference with the Court and opposing counsel.

Oppositions to extension motions must be filed by 5:00 p.m. the business day after the motion is filed.

Source text: If a party intends to file an opposition, it shall do so by 5:00 p.m. the business day after the motion is filed.

Court strictly enforces LR 7(h)(1); moving party facts deemed admitted unless controverted in opposition statement.

Source text: The Court strictly enforces Local Civil Rule 7(h)(1) when resolving motions for summary judgment and will "assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to the motion." LCvR 7(h)(1); see also Fed. R. Civ. P. 56(e).

Parties must confer before filing discovery motions and obtain leave of court.

Source text: The parties are expected to fully comply with Local Civil Rule 26.2. Moreover, counsel are required, under both Federal Rule of Civil Procedure 26(f) and Local Civil Rule 7(m), to confer in good faith in an effort to resolve any discovery dispute before bringing it to the Court's attention. The parties shall not file a discovery motion without prior consultation with opposing counsel, and without leave of Court.

Parties must confer in good faith before seeking Court involvement in a discovery dispute.

Source text: Before involving the Court in a discovery dispute, the parties must confer in good faith to attempt to resolve the dispute between themselves.

Discovery-dispute motions require leave of Court before filing.

Source text: The parties shall not file any motions relating to a discovery dispute without leave of the Court.

Discovery motions require prior telephone conference approval from chambers.

Source text: If, in what should be the unusual situation, counsel are unable to resolve their dispute, counsel shall contact chambers to arrange for a telephone conference with the Court. Accordingly, counsel shall not file a discovery motion without prior approval from the Court during a telephone conference.

Discovery disputes must be resolved through meet and confer before filing motions under Local Criminal Rule 16.1.

Source text: The Court requires counsel to meet and confer to attempt to resolve all discovery disputes informally. If counsel must file a motion pertaining to a discovery matter, the motion must comply with Local Criminal Rule 16.1.

Replies to motions in limine require court permission.

Source text: A party may not file a reply without first requesting leave of the court.

Court may strike statements of material fact that do not conform to rules or comply with instructions.

Source text: the Court may strike statements of material fact that do not conform to the rules or do not comply with the below instructions.

Counsel seeking briefing schedule for dispositive motions must be prepared to argue why such motions are appropriate and would not waste judicial resources.

Source text: To the extent that counsel intend to file dispositive motions, and thus seek a briefing schedule for such motions, the Court will require counsel to be prepared to argue their positions as to why dispositive motions are appropriate and would not result in the waste of scarce judicial resources.