Walker County District Court Pre-Motion Conference Requirements

CRITICAL

Before filing a motion, movant’s counsel must personally attempt to confer with opposing counsel to resolve the disputed matters.

Prior to the filing of a motion, movant's counsel must personally attempt to confer with opposing counsel to resolve the disputed matter(s).

CRITICAL

A discovery motion may be deemed premature unless counsel makes a good-faith effort to resolve the issue, complies with the Texas Rules of Civil Procedure or shows good cause for not doing so, and includes a proposed order and Certificate of Conference.

A discovery motion may be deemed premature unless the movanfs counsel has: (L) made a good faith attempt to obtain the discovery or requested relief by agreement with opposing counsef (2) complied with the Texas Rules of Civil Procedure and either was unsuccessful or demonstrates good cause for not doing so; and (3) included a proposed order and a Certificate of Conference in accordance with Rule 3.15.7.

CRITICAL

Before filing a motion, movant’s counsel must personally attempt to confer with opposing counsel to resolve the disputed matters.

4.18.7 Conference requirement. No party may file a motion without attaching a "certificate of conference" signed by movant's counsel. Prior to the filing of a motion, movant's counsel must personally attempt to confer with opposing counsel to resolve the disputed matter(s).

WARNING

Failing to file an objection motion waives the objection, but the court may excuse the case from automatic mediation referral if it finds a reasonable basis.

Failure to file such motion waives the objection to the referral. If *y party files a motion objecting to the automatic referral to mediation and the court finds that there is a reasonable basis for the objection, the case may be excused from the automatic referral.

WARNING

The pre-motion conference requirement does not apply to the listed dispositive motions or motions related to service of citation.

Rule 3.15.7 does not apply to dispositive motions, including motions for summary judgment, default judgment voluntary dismissal or nonsuif post-verdict motions, or motions related to service of citation.

WARNING

The party initiating a deposition must attempt to confer with opposing counsel about the deposition’s date, time, location, and materials to be produced.

The partv initiating a deposition shall attempt to confer with opposing counsel to reach an agreement on the date, time, locatioru and materials to be produced at the time of deposition.

WARNING

Failure to hold or attempt the required conference before issuing a deposition notice is grounds to quash the deposition.

Failure to hold/attempt conference. Failure to hold a conference as referred to in Rule 3.16.4 prior to issuing a deposition notice shall be grounds to quash the deposition.

WARNING

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

4.1,8.1, Resolution. Parties are directed to use all reasonable means to resolve prehial disputes to avoid the necessity of judicial intervention.

WARNING

The conference requirement does not apply to dispositive motions, including the listed motions, or motions related to service of citation.

4.18.9 Exceptions to conference requirement. Exceptions to conference requirement. Rule 4.18.7 does not apply to dispositive motions, including motions for summary judgment, default judgment, voluntary dismissalornonsuif post-verdictmotions, or motions related to service of citation

WARNING

A discovery motion may be deemed premature unless counsel made a good-faith effort to resolve the issue, complied with the Texas Rules of Civil Procedure or showed good cause, and included a proposed order and certificate of conference.

4.19.1, Discovery motions. A discovery motion may be deemed premature unless the movant's counsel has: (1) made a good faith attempt to obtain the discovery or relief by agreement with opposing counsel; (2) complied with the Texas Rules of Civil Procedure and either was unsuccessful or demonstrates good cause for not doing so; and (3) included a proposed order and a Certificate of Conference in accordance with Rule 4.18.7.

INFO

A motion hearing may be waived if all counsel of record agree and the court is notified.

4.18.6 Waiver of hearing. Hearings on any motion may be waived with the agreement of all counsel of record, provided that notice is provided to the court.