Willacy County Court Pre-Motion Conference Requirements

CRITICAL

Before seeking court intervention on discovery issues, the filing party must make a good-faith effort to resolve them.

Any motion for discovery or for protection under the Texas Rules of Civil Procedure must contain a certificate of conference completed by the party filing same which certities that said party has made a good faith effort as required under Tex.R.Civ.P. 191.2 to resolve the discovery issues without court intervention.

CRITICAL

If a party files a motion to recuse and the judge has not determined that recusal is required, the recusal motion must be resolved under the Texas Rules of Civil Procedure before action on the motion to transfer.

If a motion to recuse has been filed by any party and the presiding judge has not determined that he or she must recuse him/herself, the motion to recuse must be resolved pursuant to the requirements of the Texas Rules of Civil Procedure before any action can be taken on the Motion to Transfer.

WARNING

In privilege disputes, the hearing follows Rule 193.4 when privilege-log information was properly requested and provided; failure to request the log or identify disputed items permits denial of a motion to compel without prejudice.

If a discovery dispute regarding claims of privilege has arisen, under 193.3(a) and the party asserting privilege has been properly asked to provide privilege log information under Tex.R.Civ.P. 193 and has done so, the claims of privilege hearing will follow Tex.R.Civ.P. 193.4. Where the party disputing claims of privilege has not requested a privilege log under Tex.R.Civ.P. 193(b) and /or has not specified which items on the privilege log are still in dispute, that failure permits the Court to deny the Motion to Compel without prejudice to re-filing after such steps are taken.