Southern District of Texas Pre-Motion Conference Requirements

Discovery disputes that cannot be resolved between parties should ordinarily be submitted by written motion.

Discovery disputes that cannot be resolved between the parties should ordinarily be submitted by written motion.

Amendment of signed orders requires filing a motion to amend, not just submitting a proposed amended order.

Parties may only request that a signed order be amended through filing a motion to amend. Merely submitting a proposed amended order is insufficient.

Counsel and pro se parties must cooperate, consult, and exchange discoverable information upon informal written request.

All counsel and any party appearing pro se are required to cooperate and consult with each other in a courteous manner in all matters related to discovery, and shall freely exchange discoverable information and documents upon informal written request, whether or not a pretrial conference has been scheduled or held in a proceeding.

Discovery dispute motions may only be filed after exhausting extrajudicial resolution means.

No objections, motions, applications, or requests related to discovery disputes shall be filed pursuant to the provisions of FED. R. BANKR. P. 7026-37 unless extrajudicial means for the resolution of the discovery dispute have been exhausted.

Oppositions to discovery motions must be filed within 7 days; replies within 7 days of opposition.

Opposition to any motion filed pursuant to this rule shall be filed within seven (7) days of the filing of the motion for protective order or motion to compel discovery. Any reply memorandum shall be filed within seven (7) days of the filing of any memorandum in opposition.

Movants must confer with opposing parties and obtain a hearing date from the judge's website before filing a motion for relief from stay.

BLR 4001-1 requires that a movant confer with opposing counsel or parties and obtain a hearing date from Judge Rodriguez’s web page before filing a motion from relief from stay.

Adversary proceeding motions are governed by FRCP and FRBP, not subject to negative notice, court sets hearing and response deadline, may rule without hearing after response deadline.

Motions filed in adversary proceedings are not subject to the negative notice requirements of main bankruptcy cases and shall be governed by the Federal Rules of Civil Procedure and the Federal Rules of Bankruptcy Procedure. The Court will set all motions in adversary proceedings for hearing and will also set a response deadline. At the expiration of the response deadline, the Court may rule without the necessity of a hearing based on responsive pleadings.

Court deviates from BLR 3007(d) for proof of claim objections; evidentiary hearing proceeds on initial date if objection and response are filed.

With respect to hearings on objections to proofs of claim, this Court intends to deviate from BLR 3007(d). When an objection to a proof of claim and response have been filed, the Court intends to move forward with an evidentiary hearing on the initially set hearing date.

Debtors must provide at least 48 hours notice of cash collateral motions and expedited hearings to specified parties via email/phone/fax and Fed. R. Bank. P. 7004.

Debtor must provide no less than 48 hours’ notice of the motion and any expedited hearing thereon to the United States Trustee and Subchapter V Trustee [if appointed], debtor’s twenty largest unsecured creditors, the attorneys for any committee that may be appointed by the Court, any creditor asserting a secured claim or other interest in cash collateral against debtor (and its attorneys if known), and the Internal Revenue Service, any potentially affected taxing authorities, and any other creditor or party in interest directly affected by the relief sought on an emergency or first day basis. At a minimum, such notice should also be provided by email, telephone, or fax and in the manner provided under Fed. R. Bank. P. 7004.

Movant must attempt a pre-filing conference before filing relevant motions.

Movant must attempt pre-filing conference.

Movant must provide a contact person with direct telephone number for future conferences.

Movant must provide a contact person with a direct telephone number for future conferences.

Respondent must respond to pre-filing conference within two days.

Respondent has two days to respond to the conference.

Form M-2 responses may only be filed if no agreement is reached following a required pre-filing conference.

File only if no agreement is reached after conference.

Motions to approve use of non-conforming motions or orders must demonstrate exceptional circumstances.

Motion must demonstrate exceptional circumstances.

Non-conforming motions or orders may only be used after obtaining approval via a separate motion.

Right to use non-conforming motions or orders must be first approved by motion.

Exceptional circumstances for approving non-conforming motions or orders are determined by a preponderance of the evidence standard.

Exceptional circumstances determined by a preponderance of the evidence.

Responses to trustee motions for payment defaults must be filed within 20 days of service and comply with Federal Rule of Bankruptcy Procedure 9011.

Responses due not later than 20 days after service. Responses must comply with Fed. R. Bankr. P. 9011.

Ex parte restraining order applications will not be considered by the Court unless all FRCP 65(b) requirements are satisfied.

Ex parte applications for restraining orders will NOT be entertained by the Court unless the requirements of FRCP 65(b) have been satisfied.

Restraining order/immediate relief applications require a pre-court conference, with counsel affirming both parties are available for the conference.

Applications for restraining orders or other immediate relief shall be presented to the Court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the Court.

Before filing a discovery dispute motion, the complaining party must submit a maximum 2-page letter to the Case Manager and Law Clerks including a certificate of conference with specified good-faith resolution effort details.

Before filing a motion regarding a discovery dispute, the complaining party must email the Case Manager and Law Clerks a letter—not to exceed two (2) pages—explaining the nature of the dispute. The letter must include a certificate of conference describing the parties’ good-faith efforts to resolve the dispute, including the date, time, and place of the discovery conference and the names of all participating counsel. A discovery letter that does not include this information will not be considered.

Default judgment requires first filing Request for Entry of Default, then Motion for Default Judgment after default entry.

A party seeking a default judgment shall first file a Request for an Entry of Default from the Clerk of the Court in accordance with Rule 55(a) of the Federal Rules of Civil Procedure. Upon entry of said default, the party may then file a Motion for Default Judgment with the Court.

Parties must confer and identify unopposed requests before filing Motions in Limine.

Prior to filing Motions in Limine, the parties must confer and note which requests are unopposed.

Pre-motion letter (max 2 pages) required before filing discovery dispute motions, emailed to Case Manager and Law Clerks with opposing counsel included; opposing counsel has 3 days to respond.

Before filing a motion regarding a discovery dispute, the complaining party must email the Case Manager and Law Clerks a letter—not to exceed two (2) pages—explaining the nature of the dispute and detailing the date, time, and place of the parties’ prior out-of-court discovery or scheduling discussions and the names of all counsel participating therein. The email should include opposing counsel. Opposing counsel has three (3) days to file a response, if any, to the original letter.

Motion responses must be filed within 21 days per Local Rule 7.4, unless the Court orders an expedited response.

Pursuant to Local Rule 7.4, responses must be filed within twenty-one (21) days unless the Court orders an expedited response;

Reply briefs must be submitted within 7 days of non-movant’s response to the motion.

Reply briefs must be submitted within seven (7) days of the filing of non-movant’s response to the motion and must not exceed five (5) pages in length, including the case style, any table of contents or authorities, and signature block.

Sur-replies are rarely considered and require leave of court to file.

Sur-replies are rarely considered. Should a party think one is necessary, the party must seek leave of Court.

Default judgment seekers must first file Request for Entry of Default per Rule 55(a), then Motion for Default Judgment upon default entry.

A party seeking a default judgment shall first file a Request for an Entry of Default from the Clerk of the Court in accordance with Rule 55(a) of the Federal Rules of Civil Procedure. Upon entry of said default, the party may then file a Motion for Default Judgment with the Court.

Parties must confer on any continuance request in criminal cases before filing.

The parties must confer on any request for continuance.

Parties must confer in good faith before filing a motion for a protective order differing from the standard Form 9.

If any party believes the matter requires a different form of protective order, jointly confer in good faith regarding appropriate terms and file either a joint or opposed motion for entry.

Parties must jointly confer in good faith before filing a motion for a different ESI order.

If any party believes the matter requires a different form of order, jointly confer in good faith regarding appropriate terms and file either a joint or opposed motion for entry.

Lead counsel must personally confer on all discovery and scheduling disputes before involving the Court.

Conference between lead counsel required. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court.

Pre-motion letters (~2 single-spaced pages) required for discovery/scheduling disputes, with responsive opponent letters, no replies allowed.

To obtain permission, the party seeking relief must submit a letter not exceeding approximately two single-spaced pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Specify the conference between lead counsel and summarize the results. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Don’t submit a reply letter.

Lead counsel must confer in good faith to resolve privilege log disputes before submitting in camera inspection request letters, and letter must identify conference and results.

Lead counsel must confer in good faith to resolve the dispute prior to any letter. In the letter, identify the specify the conference between lead counsel, and summarize the results.

Rule 12(b)(6) and 12(c) motions require pre-filing good faith conference with opposing party identifying issues, and certificate of conference must reference this.

Before filing a motion to dismiss for failure to state a claim or counterclaim under Rule 12(b)(6), or a motion for judgment on the pleadings on a claim or counterclaim under Rule 12(c), identify such issues to the opposing party and confer in good faith to resolve them. Motions that don’t include this in the certificate of conference may be denied or stricken.

Mediation or settlement conference with Magistrate Judge required within 45 days of Rule 56 summary judgment motion filing; joint report of success/impasse required before motion is considered.

Private mediation or settlement conference before the Magistrate Judge is required within forty-five days of the filing of a summary judgment motion under Rule 56. Proceed as directed under Section 32. Failure to participate in good faith may subject a party to sanctions under Rule 16(f). Immediately submit a joint report verifying either success or declaration of impasse by the mediator or Magistrate Judge. Motions for summary judgment won’t be considered before submission of this joint report.

Motions on discovery or scheduling disputes require alternate permission under Section 15 before filing.

Don’t bring a motion on discovery or scheduling issues absent alternate permission obtained under Section 15.

Required

Always

Civil case motion responses due 21 calendar days after motion filing, replies due 10 calendar days after response; surreplies prohibited without advance permission.

File any response within twenty-one calendar days of the motion. File any reply within ten calendar days of the response. Don’t file a surreply absent advance permission.

Required

Always

Criminal case motion submission and briefing deadlines follow CrLR12 and Federal Rule of Criminal Procedure 12.

Proceed according to CrLR12 and Rule 12 of the Federal Rules of Criminal Procedure.

Amicus briefs require leave by motion with the brief attached as an exhibit; party responses to amicus briefing are freely allowed.

Seek leave to file any such brief by motion with the brief attached as an exhibit. The brief must clearly state which (if any) party it supports and must not exceed 4,000 words without other permission. Limited response by any party to such briefing is freely allowed.

Prior permission required to file a surreply.

Seek permission to file a surreply.

Responses to motions in limine must be filed within 7 days of the motion; optional replies within 4 days.

File any response with authority within seven days of motion. Reply is optional within four days.

Parties must seek resolution of motions to seal in advance of applicable filing deadlines.

Anticipate and seek resolution of such motion in advance of filing deadlines.

Pre-motion initiating letter (max ~2 single-spaced pages) required to obtain permission to file motions on discovery or scheduling disputes.

Initiating letter required. Do not bring a motion on discovery or scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding approximately two single-spaced pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Specify the conference between lead counsel and summarize the results. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.

Letter (max ~3 single-spaced pages) required to request in camera inspection of up to 20 privilege log documents, with lead counsel conferring beforehand.

In camera review available. When a party believes an opponent has misused its privilege log, it may request that the Court make in camera inspection of not more than twenty documents. Bring any request by letter not to exceed approximately three single-spaced pages. Lead counsel must confer in good faith to resolve the dispute prior to any letter. In the letter, identify the documents for review, state the grounds for challenge, specify the conference between lead counsel, and summarize the results. This letter establishes consent to ex parte contact between the Court and the party’s opponent regarding the nature and verity of the asserted privilege. Each party may freely submit only a single letter requesting in camera inspection. Submit any letter at least sixty days before the end of discovery or promptly upon

Before filing Rule 12(b)(6) or 12(c) motions in civil cases, counsel must identify pleading issues and confer in good faith; certificate of conference must confirm this.

Motions to dismiss or for judgment on the pleadings in civil cases. Pleading deficiencies of a claim or counterclaim are often cured in whole or in part by a permissible amendment to the subject pleading. Before filing a motion to dismiss for failure to state a claim or counterclaim under Rule 12(b)(6), or a motion for judgment on the pleadings on a claim or counterclaim under Rule 12(c), identify such issues to the opposing party and confer in good faith to resolve them. The Court will strike motions that do not include this in the certificate of conference.

Discovery or scheduling dispute motions may only be filed with prior permission under Section 13.c.

Motions on discovery and scheduling. Do not bring a motion on discovery or scheduling disputes absent permission obtained under Section 13.c.

Civil motion responses due 21 calendar days after filing; replies due 7 days after response, no sur-replies without permission.

Submission date and briefing deadlines in civil cases. The Court follows the deadlines set forth in LR7.3. Opposed motions are submitted to the Court twenty-one calendar days from filing. The Court may rule on the motion at that time. Accordingly, file any response no later than twenty-one calendar days of the motion. There is no right to file a reply. The Court may consider a reply if it is filed prior to the Court ruling on the motion. Any reply must be filed no later than seven days after the response is filed. Do not file a sur-reply absent permission.

Parties must confer in good faith before filing motions in limine to resolve undisputed issues.

Confer in good faith so that only disputed motions in limine remain for the Court to resolve.

Lead counsel must personally confer on all discovery and scheduling disputes before involving the Court.

Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court.

Pre-motion letter (max 2 pages) required to seek permission to file discovery/scheduling dispute motions, must include specified content and copy all parties.

Do not bring a motion on discovery and scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties.

Discovery and scheduling motions require prior permission and lead counsel conference before filing.

Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers. This includes any motion to compel, to quash, for protection, or for extension. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the

Pre-motion letters are limited to 2 pages, must include specified content, require responsive letters of similar length, prohibit replies, and copies must be sent to all counsel and unrepresented parties.

two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter. The foregoing letters should be sent by email to the Court’s case manager, Kellie Papaioannou at Kellie_Papaioannou@txs.uscourts.gov.

Ex parte restraining order applications will only be considered if the initiating party complies with Rule 65(b) requirements.

Ex parte applications in civil cases. The Court does not entertain ex parte applications for restraining orders unless the initiating party satisfies the requirements of Rule 65(b).

Pre-motion letter (max 2 single-spaced pages) required before filing discovery or scheduling dispute motions; responsive letters allowed, no replies.

Initiating letter required. Do not bring a motion on discovery or scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding approximately two single-spaced pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Specify the conference between lead counsel and summarize the results. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.

Discovery or scheduling dispute motions may not be filed without prior permission under Section 13.c.

Do not bring a motion on discovery or scheduling disputes absent permission obtained under Section 13.c.

Civil opposed motions: responses due 21 calendar days after motion filing; replies (if any) due 7 days after response; sur-replies prohibited without permission.

Opposed motions are submitted to the Court twenty-one calendar days from filing. The Court may rule on the motion at that time. Accordingly, file any response no later than twenty-one calendar days of the motion. There is no right to file a reply. The Court may consider a reply if it is filed prior to the Court ruling on the motion. Any reply must be filed no later than seven days after the response is filed. Do not file a sur-reply absent permission.

Required

Always

Criminal case motion briefing follows CrLR12 and Federal Rule of Criminal Procedure 12.

Submission date and briefing deadline in criminal cases. The Court proceeds according to CrLR12 and Rule 12 of the Federal Rules of Criminal Procedure.

Parties must confer in good faith on motions in limine to resolve undisputed issues before filing.

Confer in good faith so that only disputed motions remain for the Court to resolve.

Motions in limine are prohibited in bench trials.

Do not bring motions in limine in bench trials.

Motions in limine may not raise topics already resolved under Daubert or summary judgment.

Do not raise or re-urge topics resolved under Daubert or summary judgment practice.

Discovery, scheduling, compel, quash, protection, and extension motions require court permission before submission; lead counsel must personally confer prior to involving the court.

Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers. This includes any motion to compel, to quash, for protection, or for extension. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court.

Pre-motion letters are required (max 2 pages) with specific content; responsive letters of similar length due promptly, no reply letters allowed, and copies sent to all parties.

two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.

Pre-motion conference required before filing specified motions (except in habeas, prisoner, Social Security, Bankruptcy appeals), with mandatory 3-page pre-motion letter and optional 3-page response due within 5 days.

In all cases except habeas corpus/prisoner petitions and Social Security and Bankruptcy appeals, a pre-motion conference must be requested before filing: i. Any motion pursuant to Fed. R. Civ. P. 12; ii. Any motion for a change of venue; iii. Any motion to remand; or iv. Any motion to amend a pleading pursuant to FED. R. CIV. P. 15 where leave of court is required. The pre-motion conference may be held in person or by telephone, at the discretion of the Court. To request a pre-motion conference, a party shall file and serve a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion, and affirming that they have conferred with all parties regarding the relief to be requested. All parties may, but are not required to, serve and file a letter response, not to exceed three (3) pages within five (5) days from filing of the notification letter. The Court may act on the initial request before a response is filed. Rule 12(a) prescribes time requirements for the filing of answers and for the filing of motions permitted under Rule 12. For the purposes of these timing requirements, a pre-motion conference letter requesting permission to file a motion permitted by the Rule shall be considered the equivalent of the motion itself. Compliance with this procedure shall not be deemed a waiver of any parties’ defenses as to insufficient service of process or lack of personal jurisdiction.

Pre-motion conference letters are not required for motions under Fed. R. Civ. P. 50, 59, or 60.

Note that these provisions do not apply to motions other than those specifically enumerated. For example, letters requesting pre-motion conferences are not required for motions pursuant to Fed. R. Civ. P. 50, 59 and 60, and counsel should be aware that the Court of Appeals will not accept an argument that compliance with district court motion rules should excuse noncompliance with Fed. R. App. 4.

Required

Always

Parties must confer with opposing counsel on all motions to reach agreement on requested relief.

Counsel and pro se parties must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreements on the relief requested.

Required

Always

Nonmovant responses due 21 days after motion filing, replies due 7 calendar days after response; no sur-replies without leave of court.

Unless the Court issues a briefing schedule, responses by the nonmovant must be filed within 21 days of the motion. Movant may file a reply within seven calendar days after the non-movant's response. No further briefing, including supplements and sur-replies, should be filed without leave of Court. The Court will usually decline to consider such additional briefing. When circumstances dictate, the Court may consider and rule upon a motion prior to expiration of the 21-day period.

Parties filing discovery or scheduling motions must arrange a pre-motion conference with the Court before submitting motion papers.

Any party wishing to make a discovery or scheduling motion should arrange for a conference with the Court before submission of any motion papers.

Counsel must confer in good faith to resolve discovery/scheduling disputes; if unresolved, must seek Court conference via joint letter with required content.

Counsel are responsible for conferring in good faith to resolve discovery and scheduling disputes. If counsel for the parties are unable to reach an agreement, a conference with the Court must be sought by a joint letter filed with the Court. The parties should file a joint letter that does not exceed 2 pages, outlining the issues. The letter MUST specify the date, time and place of the parties’ prior out-of-court discovery or scheduling discussion(s), the results of the discussions, and the names of all counsel or pro se parties participating therein. If counsel has been unable to confer because of the unavailability or unwillingness of certain counsel or pro se parties to do so, the statement shall recite the facts concerning attempts to confer.

Motion responses due 21 days after filing; replies due 7 days after response.

Responses to motions must be filed within 21 days unless the court orders otherwise. Replies must be filed within 7 days of the date the response is filed.

Surreplies and sur-surreplies require leave of court by motion.

A party wishing to file a surreply, or a sur-surreply, must first obtain leave of court by motion.

Criminal motions to suppress must be filed before pretrial conference unless the court orders otherwise.

A motion to suppress in a criminal case must be filed before the pretrial conference unless otherwise ordered by the court. See Fed. R. Crim. P. 12.

Motions to compel discovery may not be filed without first submitting the required joint dispute letter.

Parties may not file a motion to compel without first exhausting this procedure.

Counsel must confer with opposing counsel on all motions; failure to comply may result in denial or striking of the filing.

Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreements on the relief to be requested by the movant. Failure to comply may result in the party’s filing being denied or stricken.

Opposed motions: responses due 21 calendar days after motion filing, replies due 7 calendar days after response; considered after 28 days.

Opposed motions generally will be considered by the Court after the expiration of 28 days from the motion filing date. Responses by the non-movant must be filed within 21 calendar days of the motion. The movant’s reply must be filed within 7 calendar days after the non-movant’s response.

Counsel must confer in good faith to resolve discovery and scheduling disputes before filing motions.

Counsel are required to confer in good faith to resolve discovery and scheduling disputes.

Required

Always

Counsel must confer with opposing counsel on all motions to reach agreement before filing.

Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreement on the relief requested by the movant.

Motions to Dismiss, Sever, and for Separate Trial must be specific and brought to the Court’s attention at least 30 days before jury selection.

All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and brought to the Court’s attention at least thirty (30) days before jury selection.

Parties must conduct timely plea negotiations, review plea agreements before FPTC, and be ready to plead or proceed to trial at FPTC; monthly FPTC is held to rule on motions and conduct re-arraignments.

The Court generally holds one trial docket call each month. This docket call is the final pretrial conference (FPTC). At the FPTC, the Court may rule on all pending motions and conduct re-arraignments. The Magistrate Judge may conduct re-arraignments in felony cases as requested by the Court. The parties must engage in timely plea negotiations. Defense counsel should confer beforehand with the Government and their clients and review plea agreements prior to the FPTC. The FPTC date is NOT the date to secure a plea agreement and review it with the defendant-client. The parties must be ready to enter a plea of guilty or proceed to trial on announcement.

Applications for restraining orders or immediate relief must be made through the Case Manager and require an in-chambers conference; ex parte applications are not entertained unless Rule 65(b) is satisfied.

Applications for restraining orders or for other immediate relief shall be made through the Case Manager. Such applications shall be presented to the Court by the Case Manager following counsel's affirmation that the opposing party has been contacted and that both parties can be available for an in-chambers conference before the Court. Ex parte applications for restraining orders will not be entertained by the Court unless the requirements of Fed. R. Civ. P. 65(b) have been satisfied.

Ex parte restraining order applications are only permitted if they meet Federal Rule of Civil Procedure 65(b) requirements.

The Court will not entertain ex parte applications for restraining orders unless the requirements of Fed. R. Civ. P. 65(b) have been satisfied.

In minor plaintiff cases with potential conflict of interest, counsel must jointly move to appoint attorney ad litem prior to mediation or ADR.

If a potential conflict of interest exists between the parent(s)/guardian(s) and the minor, counsel will jointly move to appoint an attorney ad litem prior to any mediation or other Alternative Dispute Resolution procedure.

In settled minor plaintiff cases with no conflict, counsel must jointly move to appoint attorney ad litem for the settlement hearing.

If no conflict of interest exists between the parent(s)/guardian(s) and the minor, and the suit is settled, counsel will jointly move to appoint an attorney ad litem to represent the minor at the settlement hearing.

Emergency applications are presented to the Court only after counsel confirms the opposing party is contacted and both parties are available for a conference.

Applications shall be presented to the Court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the Court.

Responses to opposed motions due 21 days after filing; replies due 10 days after response; no response deemed consent.

Unless the Court orders differently, counsel must respond to an opposed motion within twenty-one days from the date the motion is filed with the District Clerk’s Office. Failure to file a timely response shall be taken as an indication that the opposing party agrees to the motion and the relief requested. If the movant files a reply, it must be filed within ten days after the filing of the response.

Motions to Dismiss, Sever, and Separate Trial must be specific and filed 30+ days before jury selection.

All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and must be filed at least 30 days before jury selection.

Applications for restraining orders/immediate relief must be submitted via Case Manager with affirmation of opposing party contact and availability for in-chambers conference; ex parte TROs require Rule 65(b) compliance.

Applications for restraining orders or for other immediate relief shall be made through the Case Manager. Such applications shall be presented to the Court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for an in-chambers conference before the Court. Ex parte applications for restraining orders will not be entertained by the Court unless the requirements of FED. R. CIV. P. 65(b) have been satisfied.

Unsuccessful conference attempts less than two full business days before motion filing do not satisfy the conference requirement; parties should begin conferring at least two full business days before motion deadlines.

The Court will not consider the conference requirement to be satisfied by an unsuccessful attempt to reach opposing counsel occurring less than two full business days before a motion is filed.1 Accordingly, a moving party should begin efforts to confer with other parties at least two full business days before any motion deadline.

Replies must be filed within 7 days of the response filing date.

(A) The Reply should be filed within seven (7) days of the date the Response was filed.

Applications for restraining orders or immediate relief must be submitted via Case Manager with affirmation of opposing party contact and availability for in-chambers conference; ex parte TROs only allowed if Rule 65(b) satisfied.

Applications for restraining orders or for other immediate relief shall be made through the Case Manager. Such applications shall be presented to the Court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for an in-chambers conference before the Court. Ex parte applications for restraining orders will not be entertained by the Court unless the requirements of FED. R. CIV. P. 65(b) have been satisfied.

Required

Always

Court follows local rules for written motion practice; most motions decided without oral hearing, considered after submission date.

The Court follows the written motion practice described in the Local Rules. Since most motions will be ruled on without an oral hearing, brief, clear motion papers are very important. The Court will consider the motion and response after the submission date.

Unsuccessful attempts to confer with opposing counsel less than two full business days before motion filing do not satisfy the conference requirement; parties should begin conferral at least two business days before deadlines.

The Court will not consider the conference requirement to be satisfied by an unsuccessful attempt to reach opposing counsel occurring less than two full business days before a motion is filed. Accordingly, a moving party should begin efforts to confer with other parties at least two full business days before any motion deadline.

Counsel for criminal jury trials must confer on non-pattern jury instructions, submit agreed parts and competing versions if unable to agree.

If counsel believe the case does require jury instructions not included in the Fifth Circuit’s Pattern Jury Instructions, all counsel shall confer and seek to agree on the proposed wording. If the parties cannot agree, counsel shall identify those parts of the requested jury instructions upon which they can agree and submit competing versions of the instructions as to which they cannot agree.

Restraining order applications require affirmation of opposing party contact/availability or explanation of why contact is not required.

All applications of this type shall be presented to the Court by the Case Manager following counsel=s affirmation that the opposing party has been contacted and that both parties are available for a conference before the Court, or an explanation of why such contact is not legally required.

Ex parte restraining order applications are only allowed if Fed. R. Civ. P. 65(b) requirements are met.

Ex parte applications for restraining orders will not be entertained by the Court unless the requirements of Fed. R. Civ. P. 65(b) are satisfied.

Counsel must confer with opposing counsel on all motions to reach agreement on requested relief.

Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreements on the relief to be requested by the movant.

Opposed motions are considered after 28 days, with non-movant responses due in 21 days and replies in 7 days after response; court may consider earlier if needed.

Opposed motions generally will be considered by the Court after the expiration of 28 days from the motion filing date. Responses by the non-movant must be filed within 21 calendar days of the motion. The movant’s reply must be filed within 7 calendar days after the non-movant’s response. When circumstances dictate, the Court may consider a motion prior to expiration of the 28 day period.

Counsel must confer in good faith to resolve discovery and scheduling disputes before seeking court intervention.

The Court believes that most discovery and schedule-related disputes, especially those dealing with (i) scheduling, (ii) the number, length, and form of oral and written questions, (iii) the responsiveness of answers to oral and written questions, and (iv) the mechanics of document productions, including protective orders and the proper method of raising claims of privilege, can be resolved by counsel without the intervention of the Court. Counsel are responsible for conferring in good faith to resolve discovery and scheduling disputes. See Section 6.A.1 above.

Required

Always

Counsel must confer with opposing counsel on all motions to reach agreement on requested relief.

Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreement on the relief requested by the movant.

Motions to Dismiss, Sever, and for Separate Trial must be brought to the Court's attention at least 30 days before jury selection.

All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and brought to the Court’s attention at least thirty (30) days before jury selection.

Opposing parties must respond to opposed filings requesting relief within 7 days of filing.

Any opposed filing requesting relief from the Court—whether styled as a motion, notice, advisory, or otherwise—triggers a duty for the opposing party to file a response within seven (7) days of filing.

The Government has 14 days to respond to motions to suppress evidence.

response deadline is made for motions to suppress evidence. The Government shall have fourteen (14) days to file a response.

Counsel must confer with opposing counsel on all motions to reach agreement on requested relief.

Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreements on the relief to be requested by the movant.

Opposed motions are considered 28 days after filing; non-movant responses due 21 days after motion, replies due 7 days after response.

Opposed motions generally will be considered by the Court after the expiration of 28 days from the motion filing date. Responses by the non-movant must be filed within 21 calendar days of the motion. The movant’s reply must be filed within 7 calendar days after the non-movant’s response.

Counsel must confer in good faith to resolve discovery and scheduling disputes.

Counsel are responsible for conferring in good faith to resolve discovery and scheduling disputes.

Government has 14 days to respond to motions to suppress evidence.

response deadline is made for motions to suppress evidence. The Government shall have fourteen (14) days to file a response.

Required

Always

Counsel must confer with opposing counsel on all motions to attempt to reach agreement before filing.

Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreement on the relief requested by the movant.

Motions to Dismiss, Sever, and for Separate Trial must be specific and filed at least 30 days before jury selection.

All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and brought to the Court’s attention at least thirty (30) days before jury selection.

Opposed filings requesting relief trigger a 7-day response deadline for opposing parties.

Any opposed filing requesting relief from the Court—whether styled as a motion, notice, advisory, or otherwise—triggers a duty for the opposing party to file a response within seven (7) days of filing.

Motions in limine optional for unique evidentiary disputes; court may strike boilerplate motions; counsel must seek permission for potentially prohibited trial conduct via motion in limine.

Motions in limine are not required but may be filed when a party seeks the Court’s ruling on a unique or novel evidentiary dispute. The Court strongly discourages and may strike motions in limine that simply seek to have the Court admonish the other party to follow the Federal Rules of Evidence and Criminal Procedure or other well-known rules of jury trial practice, all of which counsel must understand and follow. Additionally, if counsel harbors doubt as to whether his or her anticipated conduct at trial will violate the rules or expectations, counsel must seek permission to take that action in a motion in limine, Failure to ask permission prior to taking a potentially prohibited action may result in sanctions.

Discovery and scheduling motions require prior permission via a 2-page pre-motion letter after lead counsel confer, with responsive letters allowed but no replies.

Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers. This includes any motion to compel, to quash, for protection, or for extension. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court. To obtain permission, the party seeking relief must submit a letter not exceeding two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter. The foregoing letters should be sent by email to the Court’s case manager at CM_DJGanjei@txs.uscourts.gov.

Parties must jointly confer in good faith on protective order terms before filing a motion for entry of a protective order.

The parties must jointly confer in good faith regarding appropriate terms for a protective order and file either a joint or opposed motion for entry of a protective order with the proposed order as an exhibit.

Lead counsel must personally confer on all discovery and scheduling disputes before involving the Court.

Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court.

Initiating letter (max 2 single-spaced pages) required to bring discovery or scheduling dispute motions; responsive letters allowed, no replies.

Do not bring a motion on discovery or scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding approximately two single-spaced pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Specify the conference between lead counsel and summarize the results. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.

Letter (max 3 single-spaced pages) required to request in camera review of privilege logs; lead counsel must confer first, limited to 20 documents, one letter per party.

When a party believes an opponent has misused its privilege log, it may request that the Court make in camera inspection of not more than twenty documents. Bring any request by letter not to exceed approximately three single-spaced pages. Lead counsel must confer in good faith to resolve the dispute prior to any letter. In the letter, identify the documents for review, state the grounds for challenge, specify the conference between lead counsel, and summarize the results. This letter establishes consent to ex parte contact between the Court and the party’s opponent regarding the nature and verity of the asserted privilege. Each party may freely submit only a single letter requesting in camera inspection. Submit any letter at least sixty days before the end of discovery or promptly upon receipt of any later privilege log.

Required

Always

Parties must make good faith efforts to resolve disputes before filing any motion.

Make serious, timely, good faith efforts to seek agreement on all disputed matters and requests for relief, including dispositive motions.

Before filing Rule 12(b)(6) or 12(c) motions, parties must identify issues and confer in good faith.

Before filing a motion to dismiss for failure to state a claim or counterclaim under Rule 12(b)(6), or a motion for judgment on the pleadings on a claim or counterclaim under Rule 12(c), identify such issues to the opposing party and confer in good faith to resolve them.

Rule 56 motions require mediation/settlement conference within 45 days of filing, joint report after, motion not considered before report.

Private mediation or settlement conference before the Magistrate Judge is required within forty-five days of the filing of a summary judgment motion under Rule 56. Proceed as directed under Section 29. Failure to participate in good faith may subject a party to sanctions under Rule 16(f). Immediately submit a joint report verifying either success or declaration of impasse by the mediator or Magistrate Judge. Motions for summary judgment will not be considered before submission of this joint report.

Discovery or scheduling dispute motions may not be filed without prior permission under Section 13.

Do not bring a motion on discovery or scheduling disputes absent permission obtained under Section 13.

Civil motion responses due 21 calendar days after motion, replies 10 days after response, sur-replies prohibited without advance permission.

File any response within twenty-one calendar days of the motion. File any reply within ten calendar days of the response. Do not file a sur-reply without advance permission.

Contested motions in limine require a response filed within three business days after the Joint Pretrial Order is filed.

File a response to any motion in limine that is contested no later than three business days after the date the Joint Pretrial Order is filed.

Pre-motion letter required for discovery/scheduling dispute motions, must include nature of dispute, issues, and contested matters; lead counsel must confer before involving court.

Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court. Do not bring a motion on discovery and scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding two pages. Identify the nature of the dispute, outline the issues, and state the contested

For discovery/pretrial dispute letters, opposing party must submit a responsive letter of similar length; reply letters are prohibited.

The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.

For e-discovery disputes, each party must have a person with detailed knowledge of relevant systems available at any conference.

When the dispute includes discovery of electronic data, each party must have available at any conference a person with detailed knowledge of the computers and electronic databases in issue.

Counsel’s designated attorney-in-charge must appear at the Scheduling Conference; substitution requires good cause and motion filed well in advance.

Counsel’s designated attorney-in-charge must appear at the Scheduling Conference. The Court permits substitution of counsel for this conference only on showing of good cause. File and seek ruling on any such motion well in advance of the conference.

Conference attendees must be familiar with the case, prepared to discuss motions/ADR, and authorized to bind the client.

Any counsel or pro se party who appears at the conference must be: a. Fully familiar with the facts and the law applicable to the case, including having interviewed their witnesses; b. Prepared to argue any pending motion and to discuss any anticipated motion; c. Prepared to discuss potential alternative dispute resolution methods suited to the case; and d. Authorized to bind the client on all matters discussed at the conference.

Motions to withdraw guilty/nolo pleas must be filed within 14 days of plea hearing; objections to Magistrate Judge’s R&R must be filed within 14 days of R&R execution; hearing must be scheduled within 30 days of filing.

Upon a defendant entering a plea of guilty or nolo contendere in front of a Magistrate Judge, this Court will adopt the Magistrate Judge’s Report and Recommendation and “accept” the defendant’s guilty plea, except in either of these scenarios: (1) the defendant timely files within 14 days from the plea hearing a written motion requesting a formal withdrawal of the defendant’s guilty plea under Fed. R. CRIM. P. 11(d)(1); or (2) the defendant timely files written objections within 14 days from the date of execution of the Magistrate Judge’s Report and Recommendation. It is the defendant’s responsibility to schedule a hearing within 30 days from the filing of either pleading.

Counsel who waives a motion hearing must obtain leave of court to file subsequent motions.

If counsel waives their Motion Hearing, then he or she must obtain leave of court before filing any later motions.

Motions to Dismiss (Rule 12) and Motions to Sever must be in writing, state their basis with supporting authority, follow the Scheduling Order, and hearings are granted at the Court’s discretion.

Motions to Dismiss and Motions to Sever. Motions to Dismiss and Sever must be in writing, specifically state their basis—as supported by a statement of authority—and follow the Scheduling Order. Hearings for these will be granted at the Court’s discretion.

Counsel may schedule optional telephonic conference with court if conferring fails to resolve motion; unresolved motions require hearing with motion listing issues and confirming conferring.

If after conferring with one another, counsel cannot agree about the disposition of a motion, counsel may schedule a telephonic conference with the Court to discuss the motion and the opposing party’s response. If after a telephonic conference is held, the motion is not resolved, the parties are instructed to schedule a hearing with the Court and submit a motion requesting the hearing. The joint motion must contain a list of all pending issues in the opposed motion and a statement that counsel have conferred amongst themselves and believe a hearing is necessary to resolve the motion.

Counsel must jointly move for appointment of attorney ad litem before mediation/ADR if conflict exists between parent/guardian and minor.

If there is a potential conflict of interest between the parent(s)/guardian(s) and the minor, counsel will jointly move for appointment of an attorney ad litem before any mediation or other ADR procedure.

Counsel must jointly move for appointment of attorney ad litem upon settlement involving a minor plaintiff.

If the suit is settled, counsel still will jointly move for appointment of an attorney ad litem to represent the minor at the settlement hearing.

Ex parte restraining order applications are only considered if FRCP 65(b) requirements are met.

(2) Ex parte applications for restraining orders will NOT be considered by the Court unless the specific requirements of Federal Rule of Civil Procedure (“FRCP”) 65(b), have been satisfied.

Oppositions to motions must be filed within 21 days of the motion's filing with the District Clerk.

Be filed within 21 days from the date the motion was filed with the District Clerk’s Office.

Replies to oppositions must be filed within 10 days of the opposition's filing with the District Clerk.

If the movant elects to reply, it must be filed no more than 10 days after the response was filed with the District Clerk’s Office.

Surreplies must be filed within 10 days of the reply's filing with the District Clerk.

Surreplies must be filed no more than 10 days after the reply was filed with the District Clerk’s Office.

Failure to respond to an opposed motion constitutes no opposition; Court rules when motion is ripe regardless of response.

Failure to respond to an opposed motion will be deemed as a representation of no opposition. The Court will rule on any motion once it becomes ripe no matter if a response has been filed.

Discovery motions must state that counsel conferred in good faith with opposing counsel and jointly telephonically conferred with the Court, or recite attempt facts if opposing counsel was unavailable/unwilling.

The Court will not hear discovery motions unless moving counsel has advised the Court in the motion that counsel have conferred in a good-faith effort to resolve the matters in dispute but cannot reach an agreement and have further jointly telephonically conferred with the Court as to the pending discovery dispute. If counsel has been unable to confer because of unavailability or unwillingness of opposing counsel to do so, the statement must recite the facts about attempts to confer.

Discovery motions must be filed more than 21 days before the discovery deadline to allow opposing counsel time to respond.

more than 21 days before the deadline so that opposing counsel may respond to the motion before the discovery deadline.

Counsel must obtain advance leave from the Court to offer evidence or testimony at a motion hearing.

If counsel anticipates the need to offer evidence or testimony at the motion hearing, leave to do so must be obtained from the Court in advance.

Joint motion for appointment of attorney ad litem required before ADR if conflict exists between parent/guardian and minor.

If there is a potential conflict of interest between the parent(s)/guardian(s) and the minor, counsel will jointly move for appointment of an attorney ad litem before any mediation or other ADR procedure.

Joint motion for appointment of attorney ad litem required upon settlement to represent minor at settlement hearing.

If the suit is settled, counsel still will jointly move for appointment of an attorney ad litem to represent the minor at the settlement hearing.

Responses to dispositive and non-dispositive motions must be filed within 21 days of the motion's filing.

Responses to dispositive and non-dispositive motions are due 21 days after the motions are filed. See Local Rule 6(C)(2)

Applications for restraining orders or immediate relief must be submitted through the Case Manager, who will present them after counsel confirms opposing party contact and availability for conference.

Applications for restraining orders or for other immediate relief shall be made through the Case Manager. Applications shall be presented to the court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the court.

Ex parte restraining order applications are only allowed if the requirements of Federal Rule of Civil Procedure 65(b) are met.

Ex parte applications for restraining orders will not be entertained by the court unless the requirements of Fed. R. Civ. P. 65(b) have been satisfied.

Dispositive motions are due 30 days after mediation/settlement conference impasse; such conference with magistrate judge is required before filing dispositive motions.

MEDIATION or SETTLEMENT CONFERENCE BEFORE THE MAGISTRATE JUDGE Dispositive motions will be due thirty (30) days after the mediator or magistrate judge declares an impasse.

Counsel must confer by phone/video before requesting court conference on discovery dispute; must file 3-page letter with required content.

Only after counsel have conferred by telephone or video conference and are unable to reach agreement may any party request a conference with the court. The requesting party must file a letter of no more than three pages summarizing the dispute, the date, time and method of the parties’ conference and the identity of the attendees, the outcome of the discussions, and the relief sought from the court.

Discovery disputes must be addressed at a conference before filing a motion, with briefing schedule set during the conference if motion is necessary.

To the fullest extent possible, the court will dispose of discovery disputes at the conference and without resort to motion practice. If a written motion continues to be necessary, the remaining issues to be addressed in the motion and a briefing schedule will be established during the conference.

Parties must discuss options to reduce e-discovery burdens before seeking court intervention for electronic data disputes.

The parties must also discuss prior to court intervention, the potential options for decreasing the alleged burdens of searching for and producing electronic data.

Counsel resisting e-discovery must be prepared to discuss search/production burdens or have a knowledgeable person available.

Counsel for a party resisting discovery of electronic data shall be prepared to discuss, or have in attendance (in person or by telephone) a person prepared to discuss, the specific burdens or difficulties involved in the searching for and/or production of the requested electronic data.

Discovery motions must follow Section III Discovery Disputes procedures and fail to resolve the dispute before being filed.

Discovery motions should be filed only after the procedures in Section III “Discovery Disputes” have been followed but have failed to resolve the dispute.

Counsel and pro se parties must confer with opposing counsel regarding all motions before filing.

Counsel and pro se parties must make serious and timely efforts to confer with opposing counsel on all motions and try to reach agreements on the relief requested.

Discovery and scheduling motions require prior court permission via a max 2-page pre-motion letter after lead counsel personally confers with opposing counsel.

Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers. This includes any motion to compel, to quash, for protection, or for extension. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court. To obtain permission, the party seeking relief must submit a letter not exceeding two pages. Identify the nature of the dispute, outline the issues, and state the contested

Pre-motion letters must be served on all counsel and unrepresented parties.

Send a copy to all counsel and unrepresented parties.

Opposing party must promptly submit a responsive letter of similar length to the initial pre-motion letter, identifying any disagreement.

The opposing party should promptly submit a responsive letter of similar length identifying any disagreement.

Reply letters to responsive pre-motion letters are prohibited.

Do not submit a reply letter.

Ex parte TRO applications are only entertained if the initiating party satisfies Rule 65(b) requirements.

Ex parte applications in civil cases. The Court does not entertain ex parte applications for restraining orders unless the initiating party satisfies the requirements of Rule 65(b).

Parties must make good faith attempt to resolve all discovery and scheduling disputes without court intervention; sanctions for bad faith.

Good faith required. Make a serious attempt to resolve all discovery and scheduling disputes without intervention by the Court. This includes disputes to compel or quash any discovery or for protection. Be pragmatic. Seek reasonable compromise. The Court will not hesitate to shift costs or order other relief against a party or counsel acting unreasonably or in bad faith.

Lead counsel must personally confer on all discovery and scheduling disputes before involving the Court.

Conference between lead counsel required. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court.

Initiating letter (max ~2 single-spaced pages) required to obtain permission to bring motion on discovery/scheduling disputes, must include specific content.

Initiating letter required. Do not bring a motion on discovery and scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding approximately two single-spaced pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Specify the conference between lead counsel and summarize the results.

Opposing party must submit responsive letter (similar length to initiating letter) to discovery/scheduling dispute initiating letter; reply letters prohibited.

The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.

Parties must have a person with detailed knowledge of relevant electronic systems available at conferences for electronic data discovery disputes.

Disputes as to electronic data. When the dispute includes discovery of electronic data, each party must have available at any conference a person with detailed knowledge of the computers and electronic databases in issue.

Motions on discovery or scheduling disputes prohibited without permission obtained under Section 13.c.

Motions on discovery and scheduling. Do not bring a motion on discovery or scheduling disputes absent permission obtained under Section 13.c.

Requests for in camera inspection of privilege log documents require a letter (max ~3 single-spaced pages) with specific content, after lead counsel conference.

Bring any request by letter not to exceed approximately three single-spaced pages. Lead counsel must confer in good faith to resolve the dispute prior to any letter. In the letter, identify the documents for review, state the grounds for challenge, specify the conference between lead counsel, and summarize the results. This letter establishes consent to ex parte contact between the Court and the party’s opponent regarding the nature and verity of the asserted privilege.

Only one in camera inspection request letter allowed per party, due 60 days before discovery ends or promptly on receipt of later privilege log.

Each party may freely submit only a single letter requesting in camera inspection. Submit any letter at least sixty days before the end of discovery or promptly upon receipt of any later privilege log.

Good faith efforts to seek agreement required for all disputed matters except dispositive motions.

Make serious, timely, good faith efforts to seek agreement on all disputed matters and requests for relief except dispositive motions.

Pre-filing conference and issue identification required for Rule 12(b)(6) and 12(c) motions in civil cases; certificate of conference must include this.

Before filing a motion to dismiss for failure to state a claim or counterclaim under Rule 12(b)(6), or a motion for judgment on the pleadings on a claim or counterclaim under Rule 12(c), identify such issues to the opposing party and confer in good faith to resolve them. The Court will strike motions that do not include this in the certificate of conference.

Opposed motions are considered 28 days after filing; responses due 21 days post-motion, replies 7 days post-response; no sur-replies without permission.

set forth in LR7.3 and considers opposed motions twenty-eight calendar days after their filing date. File any response within twenty-one calendar days of the motion. File any reply within seven calendar days of the response. Do not file a surreply absent advance permission.

Pre-motion permission via letter required for discovery and scheduling dispute motions; lead counsel must confer personally before seeking court intervention.

5. Pre-motion Conferences Required for Discovery and Other Pretrial Disputes The Court encourages the parties to make a serious attempt to resolve all discovery and scheduling disputes without intervention by the Court. This includes motions to compel, quash any discovery, or for protection. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court. Do not bring a motion on discovery and scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter. The foregoing letters should be sent by email to the Court’s case manager, Kellie Papaioannou at Kellie_Papaioannou@txs.uscourts.gov. The Court may dispose of the dispute on the letters. When determined advisable, the Court may schedule a telephonic or video conference as soon as practicable. The Court will dispose of disputes at the conference to the extent possible and establish the issues and briefing schedule of any written motion allowed.

Pre-motion letter (max 2 pages) and lead counsel conference required for discovery/scheduling motions including compel, quash, protection, extension.

Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers. This includes any motion to compel, to quash, for protection, or for extension. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court. To obtain permission, the party seeking relief must submit a letter not exceeding two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter. The foregoing letters should be sent by email to the Court’s case manager, Kellie Papaioannou at Kellie_Papaioannou@txs.uscourts.gov.

Discovery dispute conference materials must be filed at least 24 hours before the conference date.

the conference should be filed at least 24 hours before the conference date.

Discovery disputes are resolved at initial conference; if motion is needed, issues and briefing schedule are set at the conference.

To the fullest extent possible, the court will dispose of discovery disputes at the conference and without resort to motion practice. If a written motion continues to be necessary, the remaining issues to be addressed in the motion and a briefing schedule will be established during the conference.

Parties must discuss electronic discovery disputes in person/phone/video before seeking court intervention; resisting parties must have a person to discuss burdens.

Before parties seek court intervention for a dispute concerning discovery of electronic data, the court expects the parties to discuss in person, by telephone, or by video conference, the alleged need for and burdens of searching for and/or producing the data (e.g., the number of document custodians at issue, the amount of time and expense required to search for, locate, or produce the data, the expected volume of data, etc.). The parties must also discuss prior to court intervention, the potential options for decreasing the alleged burdens of searching for and producing electronic data. Counsel for a party resisting discovery of electronic data shall be prepared to discuss, or have in attendance (in person or by telephone) a person prepared to discuss, the specific burdens or difficulties involved in the searching for and/or production of the requested electronic data.

Discovery motions may only be filed after completing and failing to resolve the dispute via Section III discovery procedures.

Discovery motions should be filed only after the procedures in Section III “Discovery Disputes” have been followed but have failed to resolve the dispute.

Telephone appearances prohibited at initial pretrial/scheduling conferences; initial conferences held by videoconference unless parties prefer otherwise.

No counsel can appear by telephone at the initial pretrial and scheduling conference. Unless counsel or the parties prefer otherwise, initial conferences will be conducted by videoconference.

Mandatory pre-motion conference required for discovery/scheduling disputes; joint letter (max 3 pages) must be emailed to Case Manager.

Mandatory pre-motion conference for discovery and scheduling disputes. Most discovery and scheduling disputes can—and should—be resolved by counsel without court intervention. Compromise is encouraged. If the parties cannot reach an agreement on discovery or scheduling issues despite conferring in good faith, they may seek a conference with the Court by emailing the Case Manager a joint letter that cannot exceed three pages, identifying the disputes and issues to be addressed. See supra § 1(e). This is not a brief and should not set out case law or argument. The letter also must specify the date, time, and place of the parties’ discussions, the

Pre-motion conference required before filing discovery or scheduling motions; court resolves disputed issues, determines need for written submissions, and sets filing schedule.

To the extent possible, the disputed issues will be resolved at the pre-motion conference. At the conference, the Court will determine whether written submissions are necessary and, if so, the schedule for filing the submissions. Parties cannot file motions seeking relief on discovery or scheduling issueswithout engaging in this pre-motion conference process.

Motion responses due 21 days after motion filing; replies due 7 days after response; no sur-replies permitted without court leave.

e. Deadlines for responses and replies. Responses to motions, if any, must be filed before the motion is submitted to the Court on the 21st day after the motion is filed. Any reply must be filed no later than seven days after the response was filed. No further briefing is permitted without leave of Court. The Court disfavors requests for further briefing.

Restraining order applications are presented to the Court by the Case Manager after counsel affirms opposing party contact and both parties' availability for conference.

Applications shall be presented to the Court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the Court.

Ex parte restraining order applications are only entertained if they meet Federal Rule of Civil Procedure 65(b) requirements.

Ex parte applications for restraining orders are discouraged and will not be entertained by the Court unless the requirements of FED. R. CIV. P. 65(b) have been satisfied.

Opposed motions require response within 21 days, reply within 10 days after response; sur-replies allowed per local rules, and court may rule when motion is ripe.

Unless otherwise ordered, counsel must respond to an opposed motion within 21 days from the date the motion is filed with the Clerk’s Office. If the movant desires to file a reply, it must be filed within 10 days thereafter. A sur-reply may be filed as per the local rules; but the Court will not wait on a sur-reply to rule. The Court may rule on any motion once it becomes ripe regardless of whether a response, reply, or sur-reply has been filed.

Pre-motion conference is required before filing motions or briefs related to disputed discovery or pretrial matters.

Any party wishing to raise disputed discovery or other pretrial matters must arrange for a conference with the Court before filing any motion, brief, or accompanying material.

Parties challenging Confidential Information designations must attempt good-faith dispute resolution before seeking court intervention.

If a party challenges another party’s Confidential Information designation, counsel must make a good-faith effort to resolve the dispute. If that is unsuccessful, the challenging party may seek resolution by the court.

Pre-motion conference with court required before filing motions for disputed discovery or other pretrial matters, with 1-2 page agenda letter required.

Any party wishing to raise disputed discovery or other pretrial matters must arrange for a conference with the court before filing any motion, briefs, or accompanying materials. The party must email or fax the case manager, Glenda Hassan, and opposing counsel to arrange for a pre-motion conference. The email address is Glenda_Hassan@txs.uscourts.gov; the fax number is (713) 250-5213; and the telephone number is (713) 250-5516. The court will promptly schedule the pre-motion conference, generally within a few days after the request is made. The court may order counsel, and counsel may ask, to participate by Zoom or by other virtual link or telephone. The party seeking the conference must submit a one-to-two page letter to the court with copies to all counsel and unrepresented parties, identifying the disputes and setting out the issues to be addressed. This is not a brief and may not set out case law or argument. Instead, the letter is an agenda for the pre-motion conference. Opposing parties must respond in similar fashion before the Conference, with the same limits. The letters must include a written statement that counsel have conferred in a good-faith effort to resolve the issues but are unable to reach an agreement, or state the reason that the parties could not confer. To the extent possible, the disputed issues will be resolved at the pre-motion conference, without the need for a formal motion or response. If the court cannot resolve all or part of the issues raised without a written submission and response, the issues to be addressed and a filing schedule will be set in the conference.

Parties must arrange a pre-motion conference with the court before preparing or submitting discovery motions, including motions to compel, quash, or for protection.

Any party wishing to make any discovery motions should arrange for a pre-motion conference with the court before the preparation and submission of any motion papers. That includes a motion to compel, to quash, or for protection.

Counsel should set Chapter 11 Applications to Employ for hearing and may seek expedited consideration.

Therefore, counsel should set any Application to Employ for hearing and seek, if desired, expedited consideration.

Debtors should request emergency consideration for first day motions in Chapter 11 cases.

Debtors should always request emergency consideration of first day motions.

Counsel who repeatedly fail to return phone calls related to the conference requirement may face sanctions.

Counsel who repeatedly fail to return phone calls relating to the conference requirement will be asked to explain this behavior to the Court. In extreme cases, sanctions may be imposed.

Parties must have a person with detailed electronic data knowledge available at conferences on electronic discovery disputes.

When the dispute includes discovery of electronic data, each party must have available at any conference a person with detailed knowledge of the computers and electronic databases in issue.

Parties must attempt to resolve discovery and scheduling disputes without court intervention; bad faith may result in cost shifting.

Make a serious attempt to resolve all discovery and scheduling disputes without intervention by the Court. This includes disputes to compel or quash any discovery or for protection. Be pragmatic. Seek reasonable compromise. The Court may shift costs or order other relief against a party or counsel acting unreasonably or in bad faith.

Court will rule on default judgment motions with no hearing no sooner than 21 days after filing.

If no hearing is necessary, the Court will rule on the Motion for Default Judgment no sooner than twenty-one (21) days after the filing of the motion.

Criminal motion briefing deadlines follow CrLR12 and Rule 12 of the Federal Rules of Criminal Procedure.

Submission date and briefing deadline in criminal cases. The Court proceeds according to CrLR12 and Rule 12 of the Federal Rules of Criminal Procedure.

Court may resolve discovery/scheduling disputes via letters or telephonic/video conference, and set briefing schedule if motion is allowed.

The Court may dispose of the dispute on the letters. When determined advisable, the Court may schedule a telephonic or video conference as soon as practicable. The Court will dispose of disputes at the conference to the extent possible and establish the issues and briefing schedule of any written motion allowed.

Separate requests for oral argument on motions are not required; the Court will notify counsel if oral argument is warranted.

Separate requests for oral argument on motions are not necessary. The Case Manager will notify counsel if the Court determines that oral argument would be beneficial.

Oral argument is not required for motions; the Case Manager will notify counsel if oral argument is deemed beneficial.

Because most motions will be ruled on without an oral hearing, focused and clear motion papers are very important. Requests for oral argument on motions are not necessary. The Case Manager will notify counsel should the Court determine that oral argument would be beneficial.

Required

Always

All pending motions are considered at the Final Pretrial Conference.

All pending motions will be considered at the Final Pretrial Conference.

Oral argument requests are not required; the Court will notify counsel if oral argument is deemed beneficial.

Requests for oral argument on motions are not necessary. The Case Manager will notify counsel should the Court determine that oral argument would be beneficial.

Oral argument requests are not required; the Court will notify counsel via the Case Manager if oral argument is deemed beneficial.

Requests for oral argument on motions are not necessary. The Case Manager will notify counsel should the Court determine that oral argument would be beneficial.

Oral argument requests for motions are not required; Case Manager will notify counsel if Court determines oral argument is beneficial.

Because most motions will be ruled on without an oral hearing, focused and clear motion papers are very important. Requests for oral argument on motions are not necessary. The Case Manager will notify counsel should the Court determine that oral argument would be beneficial.

Initiating letter not required for discovery relief motions against nonparties.

An initiating letter is not required to seek discovery relief against a nonparty.

All pending motions may be ruled on during the Final Pretrial Conference.

Final Pretrial Conference. All pending motions may be ruled on at the Final Pretrial Conference.

If counsel cannot agree on attorney ad litem for minor, each submits three names; Court appoints one.

If counsel cannot agree on the attorney ad litem, each counsel will submit the names of three proposed attorneys, and the Court may appoint one, or one of its own choosing.

The Court typically rules on opposed motions by submission only, without oral argument.

The Court’s standard practice is to rule on opposed motions by submission only.

Oral argument requests are not required; the Court will notify counsel if a motion hearing is deemed beneficial.

Requests for oral argument are unnecessary. The Case Manager will notify counsel should the Court determine that a motion hearing would be beneficial.

All ripe motions will be addressed at the next scheduled status conference unless counsel receives contrary notice.

All ripe motions will be addressed at the next status conference unless counsel is notified to the contrary.

The Court will issue timely rulings and provide order copies for motions decided without a hearing or taken under advisement.

If motions are decided without a hearing or taken under advisement, the Court will make a timely ruling, and counsel will be furnished with copies of orders.

Required

Always

Court follows Local Rules written motion practice; most motions are decided without oral hearing and are considered after the submission date.

The court follows the written motion practice described in the Local Rules. Since most motions will be ruled on without an oral hearing, concise, clear motions and briefs are very important. The motion will be considered by the court after the submission date.

Oral argument requests are not required; court will notify counsel if oral argument is beneficial. Counsel must be prepared to discuss pending motions at all conferences, hearings, and docket calls.

Requests for oral argument on motions are not necessary. The court will notify counsel if the court determines that oral argument would be beneficial. Counsel should be prepared at all conferences, hearings, and docket call to respond to questions from the court about all pending motions.

Initiating letter not required for discovery relief against nonparties.

Disputes with nonparties. An initiating letter is not required to seek discovery relief against a nonparty.

Criminal case motion briefing follows CrLR12 and Federal Rule of Criminal Procedure 12.

Submission date and briefing deadline in criminal cases. The Court proceeds according to CrLR12 and Rule 12 of the Federal Rules of Criminal Procedure.

The Court may rule on a motion before the response filing deadline expires.

rule on a motion before the deadline for a response has expired.