Bexar County Civil District Courts Pre-Motion Conference Requirements
47 rules from official source documents
Pre-motion conference and letter requirements before filing motions, including sequential steps. This page is scoped to Bexar County Civil District Courts; use the court rules overview to switch categories without leaving this court.
Only motions to enter, to reconsider, to clarify, for new trial, and to set aside an order may return to the Visiting Judge who originally ruled the matter.
Only the following motions shall return to the Visiting Judge who originally ruled: a. Motion to Enter b. Motion to Reconsider c. Motion to Clarify d. Motion for New Trial e. Motion to Set Aside Order
Motions for the Visiting Judge must be set in Presiding Court, per the Bexar County Civil District Courts Local Rules, on a date the Visiting Judge is scheduled to assist Presiding Court.
Set the motion in Presiding Court pursuant to the Bexar County Civil District Courts Local Rules (https://www.bexar.org/DocumentCenter/View/40194/Bexar-County-Civil-District-Court-Local-Rules-2024-1924?bidId=) on a date the Visiting Judge is scheduled to assist Presiding Court.
The announcement to the Presiding Judge must include the name of the Visiting Judge that should hear the matter.
Your announcement to the Presiding Judge must include the name of the Visiting Judge that should hear the matter.
All hearings before a Visiting Judge must follow these procedures and must be assigned by the Presiding Judge.
Note: All hearings before a Visiting Judge must adhere to these procedures and must be assigned by the Presiding Judge
- Required
- Always
Before setting any hearing or trial, parties must make reasonable efforts to actually speak about the date, time, and format of the setting and the substance of the motion to narrow their disputes.
Prior to setting a hearing, counsel and/or self-represented litigants must make reasonable efforts to actually speak to one another regarding the date, time, and format (i.e., whether in-person or remote) of a hearing or trial and the substance of the motion in a genuine effort to narrow their disputes before seeking court intervention.
Parties wishing to involve the Domestic Relations Office must file a motion and set a hearing before the Presiding Judge, and no orders (including agreed orders) will be signed unless the judge determines at a hearing that DRO involvement will assist the Court.
If the parties to a proceeding wish to involve the Domestic Relations Office in the case, a motion must be filed and a hearing set before the Presiding Judge. The Presiding Judge will determine if the involvement of the Domestic Relations Office is appropriate. No orders, including orders agreed to by the parties, will be signed unless the Presiding Judge has determined at a hearing that the involvement of the Domestic Relations Office will assist the Court.
- Required
- Always
Parties must confer on all motions before presenting them to the trial court and bring a conforming proposed order to the hearing.
Counsel and self-represented litigants must confer on all motions prior to presenting any issue to the trial court and must bring to the hearing an order conforming to any agreements reached on an issue and providing space for the trial judge to rule on the remaining disputed issues.
- Required
- Always
Attorneys and self-represented litigants must confer before requesting any hearing regarding both the subject of the hearing and available dates and times, and this requirement is enforced.
Attorneys and Self-represented litigants are required to confer in advance of requesting a hearing regarding the subject of the hearing AND available dates and times for the hearing. The requirement to confer will be enforced.
In cases involving the Attorney General's Office, attorneys and self-represented litigants must also confer with an AG representative regarding the subject of the suit and their availability.
If a case involves the Attorney General's Office, attorneys/self-represented litigants must confer with a representative from that office regarding the subject of the suit as well as their availability.
- Required
- Always
Before requesting any hearing, parties must confer with opposing counsel or self-represented litigants, making a minimum of three legitimate attempts to confer on non-emergency issues.
Confer with opposing counsel/self-represented litigant regarding the dispute BEFORE requesting a hearing. A minimum of three legitimate attempts to confer must be made on non-emergency issues.
Before filing any contested motion, the movant must confer with all affected parties and prepare a Certificate of Conference.
Before filir.g any contested motion, the movant shall confer with all parties affected by the requested relief to determine whether the motion will be opposed and prepare a Certificate of Conference.
Hearings on these motions must be set per local rules at 8:30 a.m. for non-evidentiary matters or 9:00 a.m. for evidentiary matters.
Set the hearing per local rules, either at 8:30 a.m. (non-evidentiary) or 9:00 a.m. (evidentiary).
Attorneys and self-represented litigants must confer before requesting a hearing about the hearing subject and available dates/times, including with an Attorney General's Office representative when that office is involved.
Attorneys and Self-represented litigants are required to confer in advance of requesting a hearing regarding the subject of the hearing AND available dates and times for the hearing. The requirement to confer will be enforced. If a case involves the Attorney General's Office, attorneys/self-represented litigants must confer with a representative from that office regarding the subject of the suit as well as their availability.
Before requesting a hearing, counsel must confer with the opposing party about the dispute, with a minimum of three legitimate conferral attempts required on non-emergency issues.
Confer with opposing counsel/self-represented litigant regarding the dispute BEFORE requesting a hearing. A minimum of three legitimate attempts to confer must be made on non-emergency issues.
All Motions for Summary Judgment are heard by submission; an in-person or Zoom hearing is held only if requested and granted by the Court.
All Motions for Summary Judgment will be heard by submission.
Before filing any contested motion, the movant must confer with all affected parties to determine whether the motion will be opposed and prepare a Certificate of Conference.
Before filing any contested motion, the movant shall confer with all parties affected by the requested relief to determine whether the motion will be opposed and prepare a Certificate of Conference.
- Required
- Always
No jury trial may be held until all contested issues have been referred to mediation, which is discretionary, may be requested by the parties, and for which the Court will appoint a mediator if the parties cannot agree.
No jury trial on the merits shall be conducted in any case until all contested issues have been referred to Mediation. Mediation will be at the discretion of the court and may be requested by the parties. If the patties cannot agree, the Court will appoint a qualified Mediator.
- Required
- Always
The parties and all agents with settlement authority must attend mediation unless the Court grants leave excusing attendance.
Except on leave of Court, the parties and all authorized agents with the authority to settle the case must attend mediation.
All Motions for Summary Judgment filed in the 37th District Court are heard in the 37th District Court rather than in Presiding Court.
All Motions for Summary Judgment filed in the 37th District Court will be heard in the 37th District Court, rather than in Presiding Court.
Upon filing an MSJ, the court emails the parties a hearing date set 35-45 days from filing (usually between 3:30 and 4:00 p.m., or otherwise at the court's availability), and the parties have 30 minutes to present and respond.
When a Motion for Summary Judgment is filed in the 37th, the court will issue a notice to the parties via e-mail with a hearing date. The hearing date will be set between 35 - 45 days from the filing of the motion, usually between 3:30 and 4:00 p.m. or at another time depending on the court's availability. The parties will have 30 minutes to present and respond to the motion.
Motions for Summary Judgment filed in the 131st District Court are heard in the 131st District Court rather than in Presiding Court.
All Motions for Summary Judgment filed in the 131st District Court will be heard in the 131st District Court, rather than in Presiding Court.
The parties have 30 minutes total to present and respond to a summary judgment motion at the hearing.
The parties will have 30 minutes to present and respond to the motion.
Before setting any MTE, parties must contact the court for available dates and confer with the opposing pro se party or counsel on those dates before filing the setting.
Prior to setting any MTE in the 438th District Court, the parties shall contact the court to obtain dates of availability and confer with the opposing pro se party or counsel on those dates prior to filing the setting.
Each MTE hearing is limited to 15 minutes.
Only 15 minutes is allowed per MTE hearing.
Parties must meaningfully confer before an MTE hearing, including exchanging the proposed order and proposed changes, or risk the MTE being reset or being ordered to confer in a Zoom breakout room.
The court requires the parties to meaningfully confer in advance of the hearing which includes having exchanged the proposed order and submitting proposed changes. Failure to confer may result in the MTE being reset or the parties ordered to confer in a zoom breakout room prior to the court taking up the matter.
During the court's jury weeks, no MTE settings are permitted on Mondays or on Tuesdays following a Monday court holiday.
No MTE settings are permitted on Mondays nor Tuesdays following a Monday court holiday.
During the court's nonjury weeks, no MTE settings are permitted on Mondays or Fridays.
No MTE settings are permitted on Mondays and Fridays.
MTEs requiring up to 30 minutes may only be set during nonjury weeks starting at 4:30pm, subject to the court's availability.
MTE's requiring up to 30 minutes of time, may only be set during non-jury weeks starting at 4:30pm, and are subject to the court's availability.
Before requesting a summary judgment hearing, all parties must confer and make best efforts to agree on dates of mutual availability.
Before requesting a hearing, all parties must confer and make best efforts to agree on dates of mutual availability.
Hearing settings must be confirmed with the clerk before a notice of hearing is filed, and settings made without prior court approval may not be honored.
All settings must be confirmed with the clerk before a notice of hearing is filed. Settings made without prior court approval may not be honored.
Dispositive motions, motions for new trial, and ex parte matters are exempt from the Certificate of Conference requirement.
Dispositive motions, Motions for New Trial and Ex Parte matters do not require a Certificate of Conference.
A hearing must be requested in writing before the hearing date; parties must confer and the setting must be confirmed with the clerk before a notice of hearing is filed, and settings without prior approval may not be honored.
You may request a hearing in writing *prior* to the date provided and listed below. Before doing so, all parties must confer and make best efforts to agree on dates of mutual availability, and then contact my clerk, Mary Becerra Cruz, via email at Clerk.408THCourt@Bexar.org (courtesy copy all counsel/self-represented litigants) to obtain an approved date based on the Court's availability. All settings must be confirmed with the clerk before a notice of hearing is filed. Settings made without prior court approval may not be honored.
A hearing is required for any amended docket control order request that extends the trial date beyond the suggested completion dates.
Any requests for an amended docket control order that extends the trial date further than the suggested completion dates listed above will require a hearing.
The Court reviews in-person/Zoom hearing requests and sets them appropriately; if the request is denied, the motion keeps the original submission date.
d. The Court will review the request and set appropriately. e. If the Court denies your request, you will keep the original submission date.
Before requesting a hearing on a Motion for Summary Judgment, all parties must confer and make best efforts to agree on mutually available dates.
Parties may request a hearing in writing prior to the date provided on the Courts' notice. Before doing so, all parties must confer and make best efforts to agree on dates of mutual availability.
Dispositive motions, Motions for New Trial, and ex parte matters are exempt from the Certificate of Conference requirement.
Dispositive motions, Motions for New Trial and Ex Parte matters do not require a Certificate of Conference.
Summary judgment motions are decided on submission, but the Court will grant a hearing at its discretion upon request, which the party must schedule by contacting the court's clerk or coordinator.
The Court currently considers Summary Judgment Motions on submission; however, if any party requests a hearing, the court will grant one at its discretion. Should a party require a hearing, they must contact the court's clerk or coordinator to schedule an appropriate date.
Summary judgment motions are decided on submission, but a hearing will be granted at the court's discretion upon request and must be scheduled by contacting the court's clerk or coordinator.
The Court currently considers Summary Judgment Motions on submission; however, if any party requests a hearing, the court will grant one at its discretion. Should a party require a hearing, they must contact the court's clerk or coordinator to schedule an appropriate date.
Parties may request a summary judgment hearing, but the request must be in writing and made before the consideration date stated in the court's notice.
Parties may request a hearing in writing prior to the date provided in the court’s notice.
Counsel should confer with opposing counsel on the time announcement because these motions are ordinarily short matters.
The above Motions are ordinarily fairly short matters, however please confer with opposing counsel on your time announcement.
For hearings with time announcements of 3 hours or more, all parties will be given a time to briefly discuss the contested issues with the Court (via Zoom or in person) before the hearing date is provided.
Once the request is received, all counsel/self-represented litigants will be given a time to approach the Court to briefly discuss the contested issues, This will be a brief conference which can be done via Zoom or in person.
A docket call is held approximately three weeks before jury trials and multi-day bench trials, limited to the trial announcement, time requested, interpreter needs, mediation status, and out-of-town parties or witnesses.
A docket call will be held approximately three weeks prior to jury trial and multi-day bench trial dates (see court website for dates). The conference will be limited to providing the trial announcement, time requested, whether an interpreter is needed, whether the case has been mediated, and if there are any out-of-town parties or witnesses.
For hearings with time announcements under 3 hours, the hearing will be confirmed once all counsel and self-represented litigants reply to the settings email with available dates.
Once all counsel/self-represented litigants have replied to the email providing available dates the hearing will be confirmed.
Amended Agreed Docket Control Orders may be submitted for signature without a hearing when the extended trial date stays within the applicable completion dates.
Amended Agreed Docket Control Orders may be submitted for signature without a hearing if the extended trial date remains within the trial completion dates listed in the paragraph above (18 months, 12 months, or 6 months).
Dispositive motions, Motions for New Trial, and Ex Parte matters are exempt from the Certificate of Conference requirement.
Dispositive motions, Motions for New Trial and Ex Parte matters do not require a Certificate of Conference.
During jury weeks, MTE settings are permissible on the remaining weekdays starting at 1pm, subject to the court's availability.
The rest of the week, and subject to the court's availability, MTEs are permissible starting at 1pm.
During nonjury weeks, MTE settings are permissible on the remaining weekdays starting at 1pm and 1:30pm, subject to the court's availability.
The rest of the week, and subject to the court's availability, MTEs are permissible starting at 1pm and 1:30pm.
Does Bexar County Civil District Courts require a pre-motion conference or letter before filing a motion?
Bexar County Civil District Courts rules set a pre-motion procedure for rule 56. Motions for Summary Judgment filed in the 131st District Court are heard in the 131st District Court rather than in Presiding Court.
Does Bexar County Civil District Courts require a pre-motion conference or letter before filing a motion?
Bexar County Civil District Courts rules set a pre-motion procedure for covered motions. Before setting any hearing or trial, parties must make reasonable efforts to actually speak about the date, time, and format of the setting and the substance of the motion to narrow their disputes.
Does Bexar County Civil District Courts require a pre-motion conference or letter before filing a motion?
Bexar County Civil District Courts rules set a pre-motion procedure for covered motions. In cases involving the Attorney General's Office, attorneys and self-represented litigants must also confer with an AG representative regarding the subject of the suit and their availability.
Does Bexar County Civil District Courts require a pre-motion conference or letter before filing a motion?
Bexar County Civil District Courts rules set a pre-motion procedure for docket control orders. A hearing is required for any amended docket control order request that extends the trial date beyond the suggested completion dates.
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