Fort Bend County, TX Pre-Motion Conference Requirements

CRITICAL

Non-agreed motions require a hearing and notice to opposing counsel, subject to the Court’s authority to allow submission stated in the following sentence.

All non-agreed motions require a hearing with notice to opposing counsel.

CRITICAL

The Court will not consider substantial and potentially dispositive motions on the eve of trial or the morning of trial.

The Court will NOT consider substantial and potentially dispositive (or outcome determinative) motions on the eve of trial or the morning of trial.

CRITICAL

Before arranging an emergency hearing, parties must confer; if both sides agree, they must contact the Court Coordinator to arrange it.

If the need for an emergency hearing arises, parties must first consult with each other about the matter and if both sides agree to an emergency hearing, contact the Court Coordinator to set up an emergency hearing with the Court.

CRITICAL

Before filing a discovery-related motion, consult opposing counsel, preferably the lead attorney.

Always consult opposing counsel (preferably the lead attorney) before filing any motion related to discovery.

CRITICAL

Motions of nonsuit are immediately presented to the Court without submission or an oral hearing.

These motions are immediately presented to the Court without the necessity of submission or oral hearing.

CRITICAL

Mediation is required before a temporary-orders hearing unless the court waives it.

Mediation is required prior to a hearing for temporary orders unless waived by the court.

CRITICAL

Unless a true emergency is supported by affidavit, parties filing motions to modify temporary orders will be ordered back to mediation.

Motions to Modify Temporary Orders – Absent a true emergency supported by affidavit, the parties will be ordered back to mediation.

CRITICAL

Mediation is required before final trial except in protective-order and contempt actions; failure to mediate may result in dismissal, and temporary-orders mediation does not satisfy the requirement.

Mediation is required prior to final trial in all cases (except protective orders and contempt actions). Failure to mediate before trial may result in the case being dismissed. Mediation for Temporary Orders does not satisfy this requirement.

CRITICAL

Mediation may be waived only by motion upon a showing of good cause, and the motion must be heard at least 10 days before final trial.

Mediation may be waived only after filing a motion and upon a showing of good cause. The motion must be heard at least 10 days prior to the final trial date.

CRITICAL

Parties must meaningfully confer before a discovery-dispute hearing or the hearing will be passed.

a. Failure to meaningfully confer prior to the hearing will result in your hearing being passed.

WARNING

Before filing a discovery-related motion, counsel should consult opposing counsel, preferably the lead attorney.

Always consult opposing counsel (preferably the lead attorney) before filing any motion related to discovery.

WARNING

Counsel anticipating a Daubert motion should schedule its hearing well before trial and discuss the motion’s scheduling with the Court at an earlier status conference.

If you anticipate a challenge to an expert’s qualifications, please schedule the hearing well in advance of trial (see discussion of Daubert Motions below). Please discuss scheduling of any anticipated Daubert motion with the Court at an earlier status conference.

WARNING

Parties should try in good faith to agree on a mediator; if they cannot, a motion should be filed and the court will choose a mediator.

Parties should make a good faith attempt to agree on a mediator. If no agreement can be reached, a motion should be filed with the court and the court will choose a mediator from the wheel.

INFO

The Court may permit certain motions to be decided by submission instead of at a hearing.

The court may allow certain motions to be heard by submission.

INFO

The Court may request an oral hearing for a matter placed on the submission docket.

The Court may request an oral hearing for matters placed on the submission docket.

INFO

The court may waive mediation when a party is being denied possession of the party’s child.

If a party is being denied possession of the party’s child, the court may waive the mediation requirement.

INFO

Parties may agree to resolve a case without formal mediation.

Parties may agree to resolve a case without formal mediation. Please see the rules governing Agreed Orders above.