Smith County Courts at Law Pre-Motion Conference Requirements

CRITICALCivil cases

Before filing a motion, moving counsel must confer or certify a reasonable effort to confer, except for the listed motion types.

Before filing a motion, counsel for a moving party must confer or certify that a reasonable effort has been made to confer with the counsel, ifknown, of all parties affected by the requested reliefto determine whether or not the contemplated motion will be opposed. Such a conference is required for all motions except motions to dismiss the entire action, motions to quash, motions for protection, temporary restraining orders, motions for judgment on the pleadings, motions for summary judgment, and motions for new trial.

CRITICALCivil cases

The Court will not consider a motion to compel or for sanctions unless the movant certifies a conference or reasonable effort to confer and that the attempt failed.

If a motion to compel or for sanctions is sought, the Court will not consider the motion unless the movant certifies that the movant has conferred with or made a reasonable effort to confer with opposing counsel in an effort to resolve the dispute without the necessity of Court intervention and that the attempt has failed.

CRITICALCivil cases

The clerk must not submit an opposed motion to the judge unless the rule’s requirements have been met.

The clerk of the court is directed not to submit opposed motions to the judge unless there has been compliance with this rule.

WARNINGCivil cases

A motion is considered without a hearing on its stated submission date unless both an oral-argument request and a response are filed.

Motions shall state a date of submission at which time the Motion will be considered without a hearing, unless both a request for oral argument and a response are filed.

WARNINGCivil cases

Failure to respond to a motion is deemed a representation of no opposition unless objections are already on file.

representation of no opposition unless objections are already on file. Responses to Failure to respond to a motion is deemed to be a

WARNINGCivil cases

The Court will hear oral argument on a summary-judgment motion only if it is properly requested under Local Rule 2.7 and the Court finds it will substantially aid the ruling.

However, the Court will not actually hear oral argument on a motion for summary judgment unless (i) properly requested pursuant to Local Rule 2.7., and (ii) the Court determines that oral argument will substantially aid the Court in ruling on the motion for summary judgment.