Court Rules

Eastern District of Texas Pre-Motion Conference Requirements

10 rules from official source documents

Pre-motion conference and letter requirements before filing motions, including sequential steps. This page is scoped to Eastern District of Texas; use the court rules overview to switch categories without leaving this court.

Chief Judge Chief District Judge Amos L. Mazzant, IIIedtxCRITICAL

Pretrial motions in criminal cases are referred to magistrate judges, except for specific motions.

Source text: Pursuant to 28 U.S.C. § 636(b)(1)(A), all pretrial motions in Sherman Division criminal cases assigned to United States District Judge Amos L. Mazzant, with the exception of motions to suppress evidence, to dismiss or quash an indictment or information made by the defendant, to continue, to sever, and to transfer venue, are hereby REFERRED to United States Magistrate Judge Bill Davis or United States Magistrate Judge Aileen Goldman Durrett, as randomly assigned by the Clerk of Court, for consideration and hearing as deemed necessary, and a determination.

Magistrate Judge Roy PayneedtxCRITICAL

Motions to compel discovery require good faith conference first.

Source text: The Court will refuse to entertain any motion to compel discovery filed after the date of this Order unless the movant advises the Court within the body of the motion that counsel for the parties have first conferred in a good faith attempt to resolve the matter. See Eastern District of Texas Local Rule CV-7(h).

Senior Judge Ron ClarkedtxCRITICAL

Counsel must confer on video deposition objections before court

Source text: Counsel must consult on any objections, and only those which cannot be resolved shall be presented to the court.

Senior Judge Ron ClarkedtxCRITICAL

5-day conference requirement for motions in limine disputes

Source text: Opposing counsel shall confer in an attempt to resolve any dispute over the motions in limine within five calendar days of the filing of any response.

Senior Judge Ron ClarkedtxCRITICAL

Counsel must confer on deposition objections

Source text: Opposing counsel shall confer to determine whether objections can be resolved without a court ruling.

Senior Judge Ron ClarkedtxCRITICAL

Good faith conference required before filing discovery motions, then call hotline if unresolved.

Source text: Before filing a motion to compel, a motion to quash, or a motion for protection from discovery, lead counsel must confer in good faith concerning the disputes. If an agreement can not be reached, counsel should call the hotline.

Senior Judge Ron ClarkedtxCRITICAL

Review E-Discovery model order before contacting hotline or filing electronic discovery motions.

Source text: In cases involving disputes over extensive electronic discovery counsel for both sides shall review the court's [Model] Order Regarding E-Discovery in Patent Cases before contacting the Hotline or filing motions to compel or to quash.

Senior Judge Ron ClarkedtxWARNING

Respond only to objected items in motions in limine; confer within 5 days to resolve disputes.

Source text: To save time and space, respond only to items objected to. All others will be considered to be agreed. Opposing counsel shall confer in an attempt to resolve any dispute over the motions in limine within five calendar days of the filing of any response. The parties shall notify the court of all issues which are resolved.

Senior Judge Ron ClarkedtxWARNING

Opposing counsel must confer to resolve deposition objections before court ruling.

Source text: Opposing counsel shall confer to determine whether objections can be resolved without a court ruling. The court needs a copy of the pertinent deposition to rule on any objection.

Senior Judge Ron ClarkedtxWARNING

Prepare half-page summary of key points and authorities before calling court on discovery disputes.

Source text: Before calling the magistrate judge or this court on any dispute arising outside of a deposition, any attorney would be well advised to list, in about a half a page, the key points counsel wishes to make, any pertinent record references, and the applicable rule provision, statute, or case that supports counsel's position.

Common questions about Eastern District of Texas pre-motion conference requirements

Does Eastern District of Texas require a pre-motion conference or letter before filing a motion?

Eastern District of Texas rules set a pre-motion procedure for covered motions. Pretrial motions in criminal cases are referred to magistrate judges, except for specific motions.

View ruleSource: page 1, section Referral Order

Does Eastern District of Texas require a pre-motion conference or letter before filing a motion?

Eastern District of Texas rules set a pre-motion procedure for video deposition objections. Counsel must confer on video deposition objections before court