Denton County Courts at Law Pre-Motion Conference Requirements

CRITICAL

An attorney or pro se party must confer with each opposing attorney or pro se party before setting a final hearing.

An attorney or prose party may not set a final hearing without conferring with each opposing attorney or pro se party.

CRITICAL

Before setting a motion or other request that requires a court ruling after hearing, the moving party must confer with opposing counsel or the opposing pro se party to determine whether it will be opposed, except for the listed motions and pleas.

o motion or other request on any matter which will require the ruling of the Court after hearing shall be set, except (a) TRCP 13 motions for sanctions, (b) motions to transfer venue, (c) special appearances, and/or (d) pleas to the subject matter jurisdiction of the Court, until the moving party shall first communicate and confer with opposing counsel or the opposing party, if pro se, to determine whether the contemplated motion will be opposed.

CRITICAL

The Court will not set a motion for hearing without the required certification that counsel conferred or attempted to confer, except for dispositive motions and motions for new trial.

The Court will not set a motion for hearing unless the moving counsel certifies in the motion or in a letter filed contemporaneously with the motion that counsel conferred or attempted to confer with opposing counsel regarding the motion . Section 2.9(b) of this Rule does not pertain to dispositive motions, (e.g., Motions for Summary Judgment, Motions to Dismiss, Motions for Default Judgment, and Special Exceptions seeking to dismiss a cause of action) or to Motions for New Trial.

CRITICAL

Before a motion, objection, or special exception is set for hearing, the moving party must certify in the motion or a letter that a conference occurred and efforts to resolve the dispute failed, or explain why no conference occurred.

1.11.2 No motions, objections, or special exceptions will be set for hearing unless the moving party shall have certified in such motion or in a ktter substantially the following: "A conference was held on (date) with (name of attorney for opposing party) on the merits of this motion. A reasonable effort has been made to resolve the dispute without the necessity of court intervention and the effort failed. Therefore, it is presented to the Court for determination." OR "A conference was not held with (name of attorney for opposing party) on the merits of this motion because (explanation of inability to confer)."

WARNING

Counsel are encouraged to seek agreement on discovery matters.

The Court encourages counsel to strive for agreement on discovery matters.

WARNING

Counsel are encouraged, but not required, to resolve pretrial disputes without judicial intervention.

Counsel are encouraged to resolve pre-trial disputes to avoid the need for judicial intervention .

WARNING

Parties are directed to use all reasonable means to resolve pretrial disputes without judicial intervention.

1.11.1 Parties are directed to use all reasonable means to resolve pre-trial disputes to avoid the necessity of judicial intervention.

INFO

The conference-certification requirement in Rule 1.11.2 does not apply to dispositive motions or motions for new trial.

1.11.6 Section 1.11.2 of this Rule does not pertain to dispositive motions, (e.g., Motions for Summary Judgment, Motions to Dismiss, Motions for Default Judgment, and Special Exceptions seeking to dismiss a cause of action) or to Motions for New Trial.

INFO

If counsel cannot agree on a discovery dispute, they may submit it to the Court by proper motion.

Absent agreement, counsel may submit discovery disputes for Court resolution by filing a proper motion .

INFO

The Court may require a hearing before ruling on a motion concerning a discovery dispute.

The Court may require a hearing before acting on a motion relating to a discovery dispute.