District of Columbia Pre-Motion Conference Requirements

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Civil cases

Before bringing a discovery dispute to the Court's attention, the parties shall confer in person or by video to attempt to resolve the dispute.

Summary: Parties must meet in person or by video before bringing a discovery dispute to the Court.

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Civil cases

Counsel shall not file any discovery-related motion without obtaining the Court's leave, after conducting the required in-person or video meeting with opposing counsel and making the joint request for a teleconference. Failure to comply with this requirement may result in any such motion being stricken.

Summary: Court leave is required before filing any discovery motion; failure to comply may result in the motion being stricken.

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Civil cases

After an answer is filed, for those cases covered by Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3, the Court will set an Initial Scheduling Conference and order the parties to meet and confer to discuss the matters set forth in Local Civil Rule 16.3(c), and to jointly file a report addressing them.

Summary: Initial Scheduling Conference required after answer in cases under FRCP 26(f).

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Civil cases

c. Sur-Replies. A party may not file a sur-reply without first obtaining leave of the Court and may do so only upon a specific showing of good cause. Any motion for leave to file a sur-reply shall not be accompanied by a copy of the sur-reply that the party wishes to file.

Summary: Sur-replies require leave of court with good cause; motion for leave cannot include the sur-reply itself.

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Civil cases

f. Pre-Motion Conference. If a party wishes to file a dispositive motion, it must request that the Court schedule a pre-motion conference. To so request, the moving party shall submit a short notice via ECF, not to exceed four double-spaced pages in length, setting forth the basis for the anticipated motion, including the legal standards and the claims at issue. Other parties shall respond by filing, within one week, a document of similar length setting forth their anticipated responses to the proposed motion. The Court will review and discuss with counsel the anticipated motion at the pre-motion conference, which will take place in-person unless the Court grants permission to hold the conference by video. The parties should contact Judge Reyes’ Courtroom Deputy to schedule the conference for a date 1-2 weeks after the response is filed. This requirement shall not apply to incarcerated pro se litigants or immigration mandamus cases.

Summary: Pre-motion conference required for dispositive motions; 4-page notice and 1-week response required.

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Civil cases

Local Civil Rule 7(m), which requires counsel to confer before filing a non-dispositive motion and to include in the motion confirmation that such conferral occurred and a statement whether the motion is opposed, will be strictly enforced. See LCvR 7(m). The Court expects counsel to exhaust efforts to confer before bringing before it any such dispute. An adequate certificate of conference almost always requires at least two personal communications between counsel. Un-responded to emails are not enough to satisfy counsel’s obligations under this Rule. Failure to comply fully with Local Civil Rule 7(m) when filing a non-dispositive motion will result in the motion being stricken and may also result in further sanctions.

Summary: Non-dispositive motions require conference with opposing counsel and certificate of conference with at least two personal communications.

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Civil cases

Before bringing a discovery dispute to the Court’s attention, the parties must confer in good faith in an attempt to resolve the dispute informally. If unable to resolve the dispute informally, the parties shall jointly prepare a short email to send to the Court, at Reyes_Chambers@dcd.uscourts.gov, requesting a teleconference with the Court and including a clear, concise description of the issues in dispute, an explanation of the parties’ positions with citations, and responses to opposing arguments.

Summary: Discovery disputes must be resolved informally first, then email Court for teleconference with specific content requirements.

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Civil cases

Before filing a motion relating to a discovery dispute, a party must obtain leave of the Court. Failure to comply with this requirement may result in any such motion being stricken.

Summary: Leave of Court required before filing discovery dispute motions.

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Civil cases

Motions in limine shall be fully briefed at the time of filing of the parties’ Joint Pretrial Statement. Accordingly, the moving party’s motion in limine and supporting memorandum shall be filed and served upon the opposing party at least 21 days before the Joint Pretrial Statement is due. The opposition shall be filed and served upon the moving party within 14 days of service of the motion in limine. Any reply shall be due within 7 days of service of the opposition.

Summary: Motions in limine must be fully briefed with specific timing: 21 days before JPTS for motion, 14 days for opposition, 7 days for reply.

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Civil cases

The Court does not accept omnibus motions in limine. Parties should file separate motions in limine for each discrete issue. The motions should be numbered in sequential order.

Summary: Separate numbered motions in limine required for each discrete issue; omnibus motions not accepted.

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Criminal cases

Any opposition to a motion in limine shall be filed within 7 days of service of the motion in limine. Any reply shall be due within 2 days of service of the opposition.

Summary: Opposition to motions in limine due within 7 days; reply due within 2 days.

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Before filing any nondispositive motion in a civil action, counsel shall discuss the anticipated motion with opposing counsel in a good-faith effort to determine whether there is any opposition to the relief sought and, if there is, to narrow the areas of disagreement. The duty to confer also applies to non-incarcerated parties appearing pro se.

Summary: Before filing any nondispositive motion, counsel must discuss the motion with opposing counsel in a good-faith effort to determine opposition and narrow disagreements; duty also applies to non-incarcerated pro se parties.

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Required

Always ?

If a trial date has been set, or if a party's written consent is not obtained, or if the party is not represented by another attorney, an attorney may withdraw an appearance for a party only by order of the Court upon motion by the attorney served upon all parties to the case. Unless the party is represented by another attorney or the motion is made in open court in the party's presence, a motion to withdraw an appearance shall be accompanied by a certificate of service listing the party's last known address, unless such address does not appear on the public docket, and stating that the attorney has served upon the party a copy of the motion and a notice advising the party to obtain other counsel, or, if the party intends to conduct the case pro se or to object to the withdrawal, to so notify the Clerk in writing within seven days of service of the motion.

Summary: After trial date set or without consent, attorney must move for court order to withdraw; motion must include certificate of service with party's address and notice to obtain counsel or object within 7 days.

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Criminal cases

Motions in limine shall be fully briefed at the time of the pretrial conference. Accordingly, the moving party’s motion in limine and supporting memorandum shall be filed and served upon the opposing party no later than the date of filing the Joint Pretrial Statement. The opposition shall be filed and served upon the moving party within 5 days of service of the motion in limine. Any reply shall be due within 2 days of service of the opposition.

Summary: Motions in limine must be fully briefed with Joint Pretrial Statement; opposition due in 5 days, reply in 2 days.

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Criminal cases

Parties are required to meet and confer on any dispute brought to the Court. At least one such meeting must occur in person.

Summary: Parties must meet and confer in person on motions in limine.

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Criminal cases

Oral argument on motions in limine, if necessary, shall occur at the Pretrial Conference.

Summary: Oral argument on motions in limine occurs at Pretrial Conference.

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Criminal cases

All other pre-trial motions, excluding motions in limine, shall be filed on or before DATE. Oppositions shall be due DATE. Replies shall be due DATE.

Summary: All pre-trial motions except motions in limine must be filed by a specified date, with oppositions and replies due on specified dates.

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Criminal cases

Any motions to suppress statements or tangible things shall be filed on or before DATE. Oppositions shall be due DATE. Replies shall be due DATE.

Summary: Motions to suppress must be filed by a specified date, with oppositions and replies due on specified dates.

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Criminal cases

All motions in limine shall be filed on, or before, DATE. Responses shall be filed not later than DATE. Replies shall be due DATE.

Summary: Motions in limine must be filed by a specified date, with responses and replies due on specified dates.

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Civil cases

Required

Always ?

Counsel shall confer in good faith in an effort to resolve any discovery dispute. If counsel are unable to resolve the dispute, they must first JOINTLY submit, via email to chambers, a clear, concise description of the issues in dispute, each party's position on the disputed issues, and the parties' joint availability for an on-the-record telephone conference. The court will then respond as soon as practicable to schedule a telephone conference and provide the parties with call-in information.

Summary: Discovery disputes require joint email to chambers before telephone conference.

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Civil cases

Counsel shall not file any discovery-related motion without a prior telephone conference with the Court and opposing counsel.

Summary: Discovery motions require prior telephone conference with court and opposing counsel.

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Civil cases

Counsel shall not file any discovery-related motion without a prior telephone conference with the Court and opposing counsel.

Summary: Discovery-related motions require a prior telephone conference with the Court and opposing counsel.

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Civil cases

If a party intends to file an opposition, it shall do so by 5:00 p.m. the business day after the motion is filed.

Summary: Oppositions to extension motions must be filed by 5:00 p.m. the business day after the motion is filed.

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Civil cases

The Court strictly enforces Local Civil Rule 7(h)(1) when resolving motions for summary judgment and will "assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to the motion." LCvR 7(h)(1); see also Fed. R. Civ. P. 56(e).

Summary: Court strictly enforces LR 7(h)(1); moving party facts deemed admitted unless controverted in opposition statement.

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Civil cases

The parties are expected to fully comply with Local Civil Rule 26.2. Moreover, counsel are required, under both Federal Rule of Civil Procedure 26(f) and Local Civil Rule 7(m), to confer in good faith in an effort to resolve any discovery dispute before bringing it to the Court's attention. The parties shall not file a discovery motion without prior consultation with opposing counsel, and without leave of Court.

Summary: Parties must confer before filing discovery motions and obtain leave of court.

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Civil cases

The parties are referred to Local Civil Rule 26.2 and are expected to fully comply with its directives. Moreover, counsel are required, under both Federal Rule of Civil Procedure 26(f) and Local Civil Rule 7(m), to confer in good faith in an effort to resolve any discovery dispute before bringing it to the Court’s attention. The parties shall not file a discovery motion without prior consultation with opposing counsel. If, in what should be the unusual case, the parties are unable to resolve their discovery dispute, counsel shall contact Chambers jointly in order to arrange for a telephone conference with the Court.

Summary: Parties must confer in good faith before filing any discovery motion; if unresolved, counsel must jointly contact Chambers to arrange a telephone conference.

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Civil cases

A party may not file a sur-reply without first requesting leave of the Court.

Summary: Sur-replies require prior leave of the Court.

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Civil cases

If a motion to dismiss under Rule 12(b)(6) or a motion for judgment on the pleadings under Rule 12(c) presenting matters outside the pleadings may be converted to a motion for summary judgment. If a motion to dismiss presents matters outside the pleadings, all parties must comply fully with the instructions set forth below regarding motions for summary judgment.

Summary: Motions to dismiss that present matters outside the pleadings must comply with summary judgment procedures.

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Civil cases

Before involving the Court in a discovery dispute, the parties must confer in good faith to attempt to resolve the dispute between themselves.

Summary: Parties must confer in good faith before seeking Court involvement in a discovery dispute.

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Civil cases

The parties shall not file any motions relating to a discovery dispute without leave of the Court.

Summary: Discovery-dispute motions require leave of Court before filing.

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Criminal cases

The Court requires counsel to meet and confer to attempt to resolve all discovery disputes informally. If counsel must file a motion pertaining to a discovery matter, the motion must comply with Local Criminal Rule 16.1.

Summary: Discovery disputes must be resolved through meet and confer before filing motions under Local Criminal Rule 16.1.

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Civil cases

If, in what should be the unusual situation, counsel are unable to resolve their dispute, counsel shall contact chambers to arrange for a telephone conference with the Court. Accordingly, counsel shall not file a discovery motion without prior approval from the Court during a telephone conference.

Summary: Discovery motions require prior telephone conference approval from chambers.

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Criminal cases

Required

Always ?

Parties are required to meet and confer on any dispute brought to the Court. At least one such meeting must occur in person. The first- or second-chair attorney for each party must personally review and approve any dispute before it is brought to the Court.

Summary: Parties must meet and confer in person before bringing any dispute; first- or second-chair attorney must review and approve.

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DCt.LCvR 7(m) (Duty to Confer on Nondispositive Motions)

Summary: Duty to confer is required for nondispositive motions in de novo review proceedings.

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Civil cases

A party may not file a reply without first requesting leave of the court.

Summary: Replies to motions in limine require court permission.

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Civil cases

the Court may strike statements of material fact that do not conform to the rules or do not comply with the below instructions.

Summary: Court may strike statements of material fact that do not conform to rules or comply with instructions.

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Civil cases

To the extent that counsel intend to file dispositive motions, and thus seek a briefing schedule for such motions, the Court will require counsel to be prepared to argue their positions as to why dispositive motions are appropriate and would not result in the waste of scarce judicial resources.

Summary: Counsel seeking briefing schedule for dispositive motions must be prepared to argue why such motions are appropriate and would not waste judicial resources.

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Criminal cases

Oral argument on motions in limine, if necessary, shall occur at the Pretrial Conference.

Summary: Oral argument on motions in limine, if needed, will be held at the Pretrial Conference.