Eastern District of Texas Pre-Motion Conference Requirements

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Criminal cases

Pursuant to 28 U.S.C. § 636(b)(1)(A), all pretrial motions in Sherman Division criminal cases assigned to United States District Judge Amos L. Mazzant, with the exception of motions to suppress evidence, to dismiss or quash an indictment or information made by the defendant, to continue, to sever, and to transfer venue, are hereby REFERRED to United States Magistrate Judge Bill Davis or United States Magistrate Judge Aileen Goldman Durrett, as randomly assigned by the Clerk of Court, for consideration and hearing as deemed necessary, and a determination.

Summary: Pretrial motions in criminal cases are referred to magistrate judges, except for specific motions.

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Civil cases

Prior to filing any discovery related motion, the parties must fully comply with the substantive and procedural conference requirements of Local Rule CV-7(h) and (i).

Summary: Parties must comply with Local Rule CV-7(h) and (i) conference requirements before filing any discovery motion.

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Civil cases

the order still requires a personal conference between lead and local counsel before the filing of any discovery related motion

Summary: A personal conference between lead and local counsel is required before filing any discovery-related motion.

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Civil cases

before any party files a Motion for Bill of Costs, they should submit their proposed bill of costs to opposing counsel for review in light of the applicable law. Further, if there are any areas of disagreement, the parties shall meet, confer, and be prepared to compromise, making every effort to submit an 'agreed' bill of costs to the Court. However, if the parties have legitimate disputes on which they cannot agree, they shall file a motion—in accordance with Local Rule CV-54—indicating their areas of disagreement with specificity.

Summary: Before filing a Motion for Bill of Costs, parties must submit proposed bill to opposing counsel, meet and confer, attempt to agree, and if unable, file a motion specifying areas of disagreement.

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Civil cases

The meet and confer process required in advance of properly making the above certification to the Court shall require one-on-one communication. As used herein, the term “one-on-one” communication shall mean that lead counsel for both sides shall diligently communicate orally and directly with each other (in person or telephonically) with no others advising, interjecting, or otherwise participating in such communication.

Summary: Lead counsel must meet and confer one-on-one before filing a pre-Markham § 101 motion.

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Civil cases

before any party files a Motion for Bill of Costs, they should submit their proposed bill of costs to opposing counsel for their review in light of the applicable law. Further, if there are any areas of disagreement the parties shall meet, confer, and be prepared to compromise, making every effort to submit an “agreed” bill of costs to the Court.

Summary: Before filing a Motion for Bill of Costs, parties must submit proposed bill to opposing counsel, meet and confer, and attempt to agree; if no agreement, file motion specifying disagreements.

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Civil cases

No further briefing is allowed absent a request or order from the Court.

Summary: No further briefing (reply, sur-reply) on discovery motions without court order.

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Civil cases

Prior to filing any discovery related motion, the parties must fully comply with the substantive and procedural conference requirements of Local Rule CV-7(h) and (i). Within 72 hours of the Court setting any discovery motion for a hearing, each party's lead attorney (see Local Rule CV-11(a)) and local counsel shall meet and confer in person or by telephone, without the involvement or participation of other attorneys, in an effort to resolve the dispute without Court intervention. Unless excused by the Court, each party's lead attorney shall attend any discovery motion hearing set by the Court (though the lead attorney is not required to argue the motion).

Summary: Pre-filing conference required under Local Rule CV-7(h)/(i); additional lead attorney conference within 72 hours of hearing setting; lead attorney must attend hearing unless excused.

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Civil cases

the order still requires a personal conference between lead and local counsel before the filing of any discovery related motion

Summary: A personal conference between lead and local counsel is required before filing any discovery motion.

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Civil cases

If a party wishes to file more than one Motion to Strike per expert, it must first meet-and-confer with opposing counsel in accordance with L.R. CV-7(h). If opposing counsel opposes the request, the requesting party may file an opposed motion seeking leave of the Court to exceed the limits imposed by this Standing Order. More specifically, the requesting party may file a three (3) page motion with the Court at least two weeks before the Motions to Strike are due under the Docket Control Order setting forth its basis to exceed the limits set forth in this Standing Order. The opposing party may then file a response that is no more than three (3) pages long which is due at least one week before the Motions to Strike are due. If opposing counsel does not oppose the request, the requesting party must still obtain leave of court via an unopposed motion to exceed the limits laid out in this Standing Order which the Court will consider and act upon as the particular facts and circumstances in the case warrant. Any such motion is due at least two weeks before the Motions to Strike are due.

Summary: To file more than one Motion to Strike per expert, party must meet-and-confer, then file a motion for leave (3 pages) at least two weeks before due date; opposition response (3 pages) due at least one week before; unopposed motions also require leave.

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Civil cases

The Court will refuse to entertain any motion to compel discovery filed after the date of this Order unless the movant advises the Court within the body of the motion that counsel for the parties have first conferred in a good faith attempt to resolve the matter. See Eastern District of Texas Local Rule CV-7(h).

Summary: Motions to compel discovery require good faith conference first.

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Civil cases

Before filing a motion to compel, a motion to quash, or a motion for protection from discovery, lead counsel must confer in good faith concerning the disputes. If agreement can not be reached, counsel should call the hotline. If the magistrate judge on duty is not available within a reasonable time, counsel should call this court and determine whether Judge Clark is available for a phone conference.

Summary: Before filing discovery motions, lead counsel must confer in good faith; if no agreement, call the hotline; if magistrate unavailable, call Judge Clark's chambers.

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Civil cases

Counsel must consult on any objections, and only those which cannot be resolved shall be presented to the court.

Summary: Counsel must confer on video deposition objections before court

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Civil cases

Opposing counsel shall confer in an attempt to resolve any dispute over the motions in limine within five calendar days of the filing of any response.

Summary: 5-day conference requirement for motions in limine disputes

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Civil cases

Opposing counsel shall confer to determine whether objections can be resolved without a court ruling.

Summary: Counsel must confer on deposition objections

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Civil cases

Before filing a motion to compel, a motion to quash, or a motion for protection from discovery, lead counsel must confer in good faith concerning the disputes. If an agreement can not be reached, counsel should call the hotline.

Summary: Good faith conference required before filing discovery motions, then call hotline if unresolved.

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Civil cases

In cases involving disputes over extensive electronic discovery counsel for both sides shall review the court's [Model] Order Regarding E-Discovery in Patent Cases before contacting the Hotline or filing motions to compel or to quash.

Summary: Review E-Discovery model order before contacting hotline or filing electronic discovery motions.

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Civil cases

Should the court choose to set the motion for hearing, within 72 hours each party’s lead attorney and local counsel must confer again, without the involvement or participation of other attorneys, in an effort to resolve the dispute without court intervention and then file a joint report.

Summary: If the court sets a discovery motion for hearing, lead and local counsel must confer again within 72 hours and file a joint report.

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Civil cases

each side will be permitted to propose and argue (if opposed) up to, but not more than, five (5) of each sides’ own motions in limine at the Pretrial Conference.

Summary: Each side may propose up to five motions in limine at the Pretrial Conference.

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Civil cases

To save time and space, respond only to items objected to. All others will be considered to be agreed. Opposing counsel shall confer in an attempt to resolve any dispute over the motions in limine within five calendar days of the filing of any response. The parties shall notify the court of all issues which are resolved.

Summary: Respond only to objected items in motions in limine; confer within 5 days to resolve disputes.

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Civil cases

Opposing counsel shall confer to determine whether objections can be resolved without a court ruling. The court needs a copy of the pertinent deposition to rule on any objection.

Summary: Opposing counsel must confer to resolve deposition objections before court ruling.

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Civil cases

Before calling the magistrate judge or this court on any dispute arising outside of a deposition, any attorney would be well advised to list, in about a half a page, the key points counsel wishes to make, any pertinent record references, and the applicable rule provision, statute, or case that supports counsel's position.

Summary: Prepare half-page summary of key points and authorities before calling court on discovery disputes.