Baylor County District Court, Texas Pre-Motion Conference Requirements

CRITICAL

If counsel cannot obtain the client’s written approval, counsel must notify the client that the motion will be approved unless the client files a written objection within ten days.

If counsel is unable to secure the client’s written approval of the withdrawal, counsel must notify the client that the Court will approve the motion unless the client files a written objection within ten days.

CRITICAL

A motion omitting the certificate of conference cannot be set for hearing until the certification is filed.

Any motion omitting such certificate shall not be set for hearing until such certification has been filed.

CRITICAL

Before filing a motion to withdraw, counsel must confer with the client and attempt to determine whether the client objects.

Prior to filing a motion to withdraw, counsel shall conference with the client and attempt to ascertain whether the client objects to the motion.

CRITICAL

Other summary judgment motions must be presented in time for a hearing on a regularly scheduled summary docket at least 30 days before the final pretrial conference.

Otherwise, any motions for summary judgment shall be timely presented to permit timely notice for a hearing on a regularly scheduled summary docket at least thirty (30) days prior to the final pretrial conference.

CRITICAL

A “no evidence” summary judgment motion may not be set until discovery is complete.

“No evidence” summary judgment motions shall not be set until after discovery has been completed.

CRITICAL

Anticipated summary judgment motions must be scheduled at the pretrial scheduling conference.

Anticipated motions for summary judgment shall be scheduled at the pretrial scheduling conference.

CRITICAL

Moving counsel must confer with counsel for all affected parties to determine whether a contemplated motion will be opposed, except for motions to dismiss the entire action or indictment, motions for summary judgment, and motions for new trial.

Counsel for a moving party shall confer with the counsel of all parties affected by the requested relief to determine whether a contemplated motion will be opposed. Such a conference is required for all motions except motions to dismiss the entire action or indictment, motions for summary judgment, and motions for new trial.

WARNING

Summary judgment motions are considered by submission unless the Court grants permission for oral argument.

Motions for Summary Judgment shall be considered by submission unless permission for oral argument is granted.

WARNING

If the client does not object to withdrawal, the client must be given an opportunity to sign the written motion.

If the client does not object, the client shall be given an opportunity to sign the written motion.