Midland County Courts at Law Pre-Motion Conference Requirements

CRITICAL

When rare exigent circumstances make a prefiling conference impracticable, counsel must explain the exigency in the certificate, confer promptly after filing, and file an amended certificate.

In the rare exigent circumstances in which the conference requirement is not practicable, counsel filing the Pleading shall (i) explain the exigency in the Certificate of Conference, (ii) confer as required by this Rule promptly after filing the Pleading, and (iii) file an amended Certificate of Conference accordingly.

CRITICAL

Before filing a motion or other defined Pleading, filing counsel must schedule a conference, both counsel must try in good faith to resolve all issues, and counsel must respond promptly to each other.

Prior to filing any motion, plea, application, request, objection, or special exception (hereafter, "Pleading"), counsel for the filing party shall schedule a conference to resolve the disputed matters. b. Both counsel shall attempt in good faith to resolve any and all issues in the Pleading. c. Counsel shall respond promptly to communications from other counsel.

WARNING

The conference requirement does not apply to requests for ex parte relief, which are governed by Rule 4.01.

The conference requirement does not apply to requests for ex parte relief, which are governed by Rule 4.01.

WARNING

The conference requirement does not apply to Pleadings seeking mandatory relief, including the stated examples.

The conference requirement does not apply to Pleadings in which the relief sought is mandatory (e.g., motions to confer with children twelve (12) years of age or older, jury demands).

WARNING

The conference requirement does not apply to a party's voluntary motion to dismiss, nonsuit, or abandon claims.

The conference requirement does not apply to a party's motion to dismiss, nonsuit, or abandon one or more of that party's claims voluntarily.