Court Rules
Magistrate Judge

Judge Brian McKay

Individual Rules, Standing Orders & Policies

Northern District of Texas

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Filing & Service rules

Pre-Motion Conference Requirements

Local Rule 5.1(a) requires moving party's counsel to confer with all affected parties' counsel before filing any motion; conference may be written, refusal to participate is prohibited.

In part Local Rule 5.1(a) reads as follows: "Before filing a motion, counsel for a moving party shall confer with the counsel of all parties affected by the requested relief to determine whether or not the contemplated motion will be opposed." A conference requires the participation of counsel for all affected parties. An attorney's refusal to return a call requesting a Rule 5.1(a) conference will not be tolerated. Of course, the conference requirement may be satisfied by a written communication as well.

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Page 10 | Discovery Issues

About United States Magistrate Judge Brian McKay

**Magistrate Judge Brian McKay** began service in the Northern District of Texas in 2024. Judge McKay was born in 1972 and earned his law degree from the University of Tulsa College of Law in 2004. He clerked for Judge Sidney A. Fitzwater before entering private practice at Haynes and Boone, LLP, and later served as an Assistant United States Attorney. He briefly served as Chief Compliance Officer at Trinity Industries, Inc. before returning to the U.S. Attorney's Office. **Education** - University of Tulsa College of Law, J.D., 2004 - Sam Houston State University, M.A., 1996 - Baylor University, B.A., 1994 **Career** - Assistant United States Attorney (2019–2024) - Chief Compliance Officer, Trinity Industries, Inc. (2019) - Assistant United States Attorney (2011–2019) - Attorney, Haynes and Boone, LLP, Dallas (2005–2011) - Judicial Law Clerk, Hon. Sidney A. Fitzwater, Northern District of Texas (2004–2005)

**Courthouse:** 1100 Commerce Street, Dallas, Texas 75242 **Chambers:** Room 1567 **Courtroom:** 1566 **Phone:** (214) 753-2393 **Chambers Staff** - Courtroom Deputy: Angelica Aguilar, (214) 753-2183

Common questions about Judge Brian McKay's rules

Does Judge Brian McKay require a pre-motion conference or letter before filing a motion?

Judge Brian McKay's rules set a pre-motion procedure for covered motions. Local Rule 5.1(a) requires moving party's counsel to confer with all affected parties' counsel before filing any motion; conference may be written, refusal to participate is prohibited.

View ruleSource: page 10, section Discovery Issues
Complete rules summary for Judge Brian McKay

Local Rule 5.1(a) requires moving party's counsel to confer with all affected parties' counsel before filing any motion; conference may be written, refusal to participate is prohibited.

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