Montgomery County, TX Pre-Motion Conference Requirements

CRITICALCivil cases

All parties must attend mediation before an evidentiary oral hearing, except for the specified matters.

PRIOR TO AN EVIDENTIARY ORAL HEARING (EXCEPT AS SPECIFIED BELOW), THE COURT ORDERS ALL PARTIES TO ATTEND MEDIATION.

CRITICALCivil cases

The parties must participate in a separate mediation for final trial no more than 90 days before trial.

THE PARTIES ARE ORDERED TO PARTICIPATE IN A SEPARATE MEDIATION FOR FINAL TRIAL, NO MORE THAN 90 DAYS PRIOR TO FINAL TRIAL. ANY MEDIATION FOR FINAL TRIAL THAT IS CONDUCTED MORE THAN NINETY (90) DAYS PRIOR TO THE TRIAL DATE WILL BE CONSIDERED TOO REMOTE IN TIME TO COMPLY WITH THIS ORDER.

CRITICALCivil cases

Each party must contact the opposing counsel or party to schedule and complete mediation before the court date; after reasonable but unsuccessful efforts to obtain cooperation, the complying party must file and set a motion to compel mediation before trial, including at least 45 days before trial.

Each party has the duty, and is THEREFORE ORDERED, to call or email the opposing counsel/party to set up a date for mediation prior to your hearing/trial, and to complete your mediation before your court date. If a party is unable to get cooperation from the opposing side to schedule mediation prior to final trial after reasonable effort to obtain same, the complying party IS ORDERED to file a motion to compel mediation at least 45 days prior to trial, and set same on a submission docket prior to trial.

CRITICALCivil cases

All parties and their attorneys must attend every scheduled mediation session to engage in constructive settlement negotiations.

All parties and their attorneys are required to attend all scheduled mediation sessions for the purpose of engaging in constructive settlement negotiations.

CRITICALCivil cases

All attorneys and parties must attend every scheduled mediation session to engage in constructive settlement negotiations.

All attorneys and parties are required to attend all scheduled mediation sessions for the purpose of engaging in constructive settlement negotiations.

CRITICALCivil cases

The parties must mediate before any temporary-orders hearing, and a requester must contact the opposing side to schedule mediation before the hearing date.

All parties are ORDERED to attend mediation prior to any hearing regarding temporary orders. Any attorney or party requesting temporary orders is required to contact the opposing attorney(s) and/or party(ies) to schedule such mediation to take place prior to the hearing date.

INFOCivil cases

An attorney may participate in mediation and remain with the attorney’s client throughout, regardless of whether all parties are represented.

It is FURTHER ORDERED that each attorney shall have the right to participate in the mediation and be present with his or her client(s) at all times, if he or she desires, regardless of whether all parties are represented by an attorney.