Galveston County Courts at Law Pre-Motion Conference Requirements

CRITICAL

Submission is discretionary; a motion submitted that way must include a blank notice, and the Court will return a submission date at least 10 days after the setting date unless it grants leave.

Acceptance of motions by submission is at the discretion of each district court. Motions shall be accompanied by a blank notice of submission. The Court will complete the notice and fax it back to the requesting party stating a date of submission not sooner than 10 days from the setting date, except on leave of the Court.

CRITICAL

A motion, objection, or special exception cannot be set for hearing unless moving counsel certifies in the motion or a letter that a merits conference occurred or explains why it could not occur; stating only that opposing counsel was unavailable is insufficient, and every effort to confer must be made.

(b) No motions, objections or special exceptions will be set for hearing unless the moving Counsel shall have certified in such motion or in a letter substantially following: "A conference was held on (date) with (name of opposing Counsel) on the merits of this motion. Agreement could not be reached. Therefore, it is presented to the Court for determination." or "A conference was not held with (name of opposing Counsel) on the merits of this motion because (explanation of inability to confer.)" Note that a statement that opposing counsel was "unavailable" is insufficient. Every effort to confer must be made.

CRITICAL

A hearing-set pretrial motion must document consultation with opposing counsel and whether the matter was resolved, or explain why consultation was not accomplished.

Each pre-trial motion that is set for hearing must succinctly state the relief sought, the facts pertinent to the motion, and supporting argument with authorities; must be signed by counsel and, where required, by the defendant; must be sworn to when require; must contain a certificate of service and consultation with opposing counsel and a statement that the matter raised in the motion was not resolved, or if no consultation was accomplished, an explanation thereof; must contain a notice the motion will be presented to the Court at the pretrial hearing with or without evidence; and must contain a proposed order granting or denying the motion in full or in part.

WARNING

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

(a) Counsel are directed to use all reasonable means to resolve pre-trial disputes to avoid the necessity of judicial intervention.

WARNING

The Court may grant an oral-argument request or order argument on its own, but except where required by statute it may disregard a request and decide a motion by submission; an argument request is not a response.

The Court may grant that request or it may order oral argument on its own motion. A request for an oral argument is not a response under Local Rule 3.17 (c). Except where required by statute, the Court may in its discretion, disregard a request for oral hearing and rule upon the motion set by submission.

INFO

The Court may grant an oral-argument request or order argument on its own, but, except when required by statute, it may disregard a request and decide the motion by submission; a request is not a response.

The Court may grant that request or it may order oral argument on its own motion. A request for an oral argument is not a response under Rule3.17 ( c ). Except where required by statute, the Court may in its discretion, disregard a request for oral hearing and rule upon the motion set by submission.