Southern District of Texas Pre-Motion Conference Requirements

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Civil cases

A Rule 56 motion requires permission at docket call and abatement of trial.

Motions under Rule 56 are allowed only upon permission received at docket call together with abatement of trial.

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Civil cases

Permission must be obtained before submitting papers for a discovery or scheduling motion.

Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers.

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Civil cases

A party wishing to bring a dispositive motion must first seek permission by motion.

Any party wishing to bring a dispositive motion must seek advance permission by motion.

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Civil cases

A party must obtain permission before submitting papers for a discovery or scheduling motion, including motions to compel, quash, for protection, or extension.

Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers. This includes any motion to compel, to quash, for protection, or for extension. Follow Section 15 of the Court’s procedures.

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Civil cases

The court will hear a motion for leave at the next Chapter 13 panel and will not grant leave absent exceptional circumstances related to the case.

The Court will conduct a hearing on the motion at the next chapter 13 panel. Absent exceptional circumstances related to the particular chapter 13 case, leave will not be granted.

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Civil cases

Applications for restraining orders or for other immediate relief shall be made through the Case Manager. Such applications shall be presented to the Court by the Case Manager following counsel's affirmation that the opposing party has been contacted and that both parties can be available for an in-chambers conference before the Court. Ex parte applications for restraining orders will not be entertained by the Court unless the requirements of Fed. R. Civ. P. 65(b) have been satisfied.

Summary: Applications for restraining orders or immediate relief must be made through the Case Manager and require an in-chambers conference; ex parte applications are not entertained unless Rule 65(b) is satisfied.

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A party wishing to file a surreply, or a sur-surreply, must first obtain leave of court by motion. The court will strike unauthorized surreplies and sur-surreplies.

Summary: Parties must first obtain leave of court by motion before filing a surreply or sur-surreply, and unauthorized surreplies and sur-surreplies will be struck.

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When those earnest and valiant attempts prove unsuccessful, the parties should file a joint letter not to exceed two pages outlining the dispute, each side’s position, and the efforts made to resolve the dispute. Typically, the court will then convene a Zoom conference to resolve the issue as quickly as possible. Parties may not file a motion to compel without first exhausting this procedure.

Summary: Before filing a motion to compel, parties must file a joint letter of no more than 2 pages outlining the dispute, each side's position, and resolution efforts, after which the court typically convenes a Zoom conference.

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Criminal cases

Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreement on the relief requested by the movant.

Summary: Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreement on the relief requested.

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Counsel and pro se parties must make serious and timely efforts to confer with opposing counsel on all motions and try to reach agreements on the relief requested.

Summary: Counsel and pro se parties must make serious and timely efforts to confer with opposing counsel on all motions and attempt to reach agreement on the requested relief.

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If the parties cannot reach an agreement on discovery or scheduling issues despite conferring in good faith, they may seek a conference with the Court by filing a joint letter—labeled as motion for pre-motion conference—that cannot exceed three pages, identifying the disputes and issues to be addressed. See supra § 1(e). This is not a brief and should not set out case law or argument. The letter also must specify the date, time, and place

Summary: Discovery and scheduling disputes require a pre-motion conference sought by a joint letter (max 3 pages) identifying the disputes and the date, time, and place, without case law or argument.

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The Court may opt to resolve the issues based on the letter alone or convene a pre-motion conference to address them. Either way, the Court will determine whether written submissions are necessary and, if so, the schedule for filing them. Parties cannot file motions seeking relief on discovery or scheduling issues without engaging in this pre-motion conference process.

Summary: Parties may not file discovery or scheduling motions without first engaging in the pre-motion conference process, after which the Court decides whether written submissions are needed.

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Responses to motions, if any, must be filed before the motion is submitted to the Court on the 21st day after the motion is filed. Any reply must be filed no later than seven days after the response was filed. No further briefing is permitted without leave of Court. The Court disfavors requests for further briefing.

Summary: Responses to motions are due before the motion is submitted on the 21st day after filing, replies are due within 7 days after the response, and further briefing requires leave of court and is disfavored.

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Civil cases

Applications shall be presented to the Court via the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the Court.

Summary: Applications for restraining orders or immediate relief must be presented to the Court via the Case Manager only after counsel affirms that the opposing party has been contacted and both parties can be available for a conference.

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Civil cases

Ex parte applications for restraining orders are discouraged and will not be entertained by the Court unless the requirements of FED. R. CIV. P. 65(b) have been satisfied.

Summary: Ex parte applications for restraining orders are discouraged and will not be entertained unless the requirements of Fed. R. Civ. P. 65(b) are satisfied.

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Civil cases

Any party wishing to raise disputed discovery or other pretrial matters must arrange for a conference with the Court before filing any motion, brief, or accompanying material. The party must email the Case Manager and opposing counsel to arrange for a pre-motion conference.

Summary: Parties must arrange a pre-motion conference with the Court (by emailing the Case Manager and opposing counsel) before filing any motion, brief, or accompanying material on disputed discovery or other pretrial matters.

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Civil cases

Prior to arranging for this conference, the parties must have actually conferred in an attempt to work out the issues. Merely sending an e-mail or making a phone call is not a valid attempt to work out the dispute. The attorneys must have actually talked. See Section 7C above.

Summary: Before arranging the pre-motion conference, the parties must actually confer (speak) to attempt to resolve the issues; an email or phone call alone is not a valid conferral.

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Civil cases

The party seeking the conference must submit a one- to two-page letter to the Court with copies to all counsel and unrepresented parties, identifying the disputes and setting out the issues to be addressed. This is not a brief and need not set out case law or argument. Instead, the letter is an agenda for the pre-motion conference and should simply set out the dispute. Opposing parties must respond in similar fashion before the Conference, with the same limitations. The letters must include a written statement that counsel have actually conferred in a good-faith effort to resolve the issues but are unable to reach an agreement.

Summary: The party seeking the pre-motion conference must submit a one- to two-page letter (copies to all counsel and unrepresented parties) identifying the disputes and issues, and the letters must include a written statement that counsel conferred in good faith without agreement; opposing parties must respond in similar fashion before the conference.

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Civil cases

The Court will schedule the pre-motion conference as soon as practicable commensurate to the demands of its docket, generally within a few days after the request is made. Unless otherwise directed, counsel may participate only by a land-based telephone.

Summary: The Court schedules the pre-motion conference as soon as practicable (generally within a few days of the request), and counsel may participate only by land-based telephone unless otherwise directed.

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Civil cases

To the extent possible, the disputed issues will be resolved at the pre-motion conference, without the need for a formal motion or response. If the Court cannot resolve all or part of the issues raised without a written submission and response, the issues to be addressed and a filing schedule will be set during the conference.

Summary: Disputed discovery/pretrial issues are resolved at the pre-motion conference when possible, and written submissions and a filing schedule are set at the conference only if the Court cannot resolve the issues without them.

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Discovery disputes that cannot be resolved between the parties should ordinarily be submitted by written motion.

Summary: Discovery disputes that cannot be resolved between parties should ordinarily be submitted by written motion.

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Parties may only request that a signed order be amended through filing a motion to amend. Merely submitting a proposed amended order is insufficient.

Summary: Amendment of signed orders requires filing a motion to amend, not just submitting a proposed amended order.

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All counsel and any party appearing pro se are required to cooperate and consult with each other in a courteous manner in all matters related to discovery, and shall freely exchange discoverable information and documents upon informal written request, whether or not a pretrial conference has been scheduled or held in a proceeding.

Summary: Counsel and pro se parties must cooperate, consult, and exchange discoverable information upon informal written request.

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No objections, motions, applications, or requests related to discovery disputes shall be filed pursuant to the provisions of FED. R. BANKR. P. 7026-37 unless extrajudicial means for the resolution of the discovery dispute have been exhausted.

Summary: Discovery dispute motions may only be filed after exhausting extrajudicial resolution means.

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Opposition to any motion filed pursuant to this rule shall be filed within seven (7) days of the filing of the motion for protective order or motion to compel discovery. Any reply memorandum shall be filed within seven (7) days of the filing of any memorandum in opposition.

Summary: Oppositions to discovery motions must be filed within 7 days; replies within 7 days of opposition.

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BLR 4001-1 requires that a movant confer with opposing counsel or parties and obtain a hearing date from Judge Rodriguez’s web page before filing a motion from relief from stay.

Summary: Movants must confer with opposing parties and obtain a hearing date from the judge's website before filing a motion for relief from stay.

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Motions filed in adversary proceedings are not subject to the negative notice requirements of main bankruptcy cases and shall be governed by the Federal Rules of Civil Procedure and the Federal Rules of Bankruptcy Procedure. The Court will set all motions in adversary proceedings for hearing and will also set a response deadline. At the expiration of the response deadline, the Court may rule without the necessity of a hearing based on responsive pleadings.

Summary: Adversary proceeding motions are governed by FRCP and FRBP, not subject to negative notice, court sets hearing and response deadline, may rule without hearing after response deadline.

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With respect to hearings on objections to proofs of claim, this Court intends to deviate from BLR 3007(d). When an objection to a proof of claim and response have been filed, the Court intends to move forward with an evidentiary hearing on the initially set hearing date.

Summary: Court deviates from BLR 3007(d) for proof of claim objections; evidentiary hearing proceeds on initial date if objection and response are filed.

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Debtor must provide no less than 48 hours’ notice of the motion and any expedited hearing thereon to the United States Trustee and Subchapter V Trustee [if appointed], debtor’s twenty largest unsecured creditors, the attorneys for any committee that may be appointed by the Court, any creditor asserting a secured claim or other interest in cash collateral against debtor (and its attorneys if known), and the Internal Revenue Service, any potentially affected taxing authorities, and any other creditor or party in interest directly affected by the relief sought on an emergency or first day basis. At a minimum, such notice should also be provided by email, telephone, or fax and in the manner provided under Fed. R. Bank. P. 7004.

Summary: Debtors must provide at least 48 hours notice of cash collateral motions and expedited hearings to specified parties via email/phone/fax and Fed. R. Bank. P. 7004.

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Civil cases

Movant must attempt pre-filing conference.

Summary: Movant must attempt a pre-filing conference before filing relevant motions.

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Civil cases

Movant must provide a contact person with a direct telephone number for future conferences.

Summary: Movant must provide a contact person with direct telephone number for future conferences.

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Civil cases

Respondent has two days to respond to the conference.

Summary: Respondent must respond to pre-filing conference within two days.

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Civil cases

Motion must demonstrate exceptional circumstances.

Summary: Motions to approve use of non-conforming motions or orders must demonstrate exceptional circumstances.

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Civil cases

Right to use non-conforming motions or orders must be first approved by motion.

Summary: Non-conforming motions or orders may only be used after obtaining approval via a separate motion.

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Civil cases

Exceptional circumstances determined by a preponderance of the evidence.

Summary: Exceptional circumstances for approving non-conforming motions or orders are determined by a preponderance of the evidence standard.

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Civil cases

File only if no agreement is reached after conference.

Summary: Form M-2 responses may only be filed if no agreement is reached following a required pre-filing conference.

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Civil cases

Responses due not later than 20 days after service. Responses must comply with Fed. R. Bankr. P. 9011.

Summary: Responses to trustee motions for payment defaults must be filed within 20 days of service and comply with Federal Rule of Bankruptcy Procedure 9011.

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Ex parte applications for restraining orders will NOT be entertained by the Court unless the requirements of FRCP 65(b) have been satisfied.

Summary: Ex parte restraining order applications will not be considered by the Court unless all FRCP 65(b) requirements are satisfied.

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Applications for restraining orders or other immediate relief shall be presented to the Court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the Court.

Summary: Restraining order/immediate relief applications require a pre-court conference, with counsel affirming both parties are available for the conference.

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Civil cases

Before filing a motion regarding a discovery dispute, the complaining party must email the Case Manager and Law Clerks a letter—not to exceed two (2) pages—explaining the nature of the dispute and detailing the date, time, and place of the parties’ prior out-of-court discovery or scheduling discussions and the names of all counsel participating therein. The email should include opposing counsel. Opposing counsel has three (3) days to file a response, if any, to the original letter.

Summary: Pre-motion letter (max 2 pages) required before filing discovery dispute motions, emailed to Case Manager and Law Clerks with opposing counsel included; opposing counsel has 3 days to respond.

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Civil cases

Pursuant to Local Rule 7.4, responses must be filed within twenty-one (21) days unless the Court orders an expedited response;

Summary: Motion responses must be filed within 21 days per Local Rule 7.4, unless the Court orders an expedited response.

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Civil cases

Reply briefs must be submitted within seven (7) days of the filing of non-movant’s response to the motion and must not exceed five (5) pages in length, including the case style, any table of contents or authorities, and signature block.

Summary: Reply briefs must be submitted within 7 days of non-movant’s response to the motion.

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Civil cases

Sur-replies are rarely considered. Should a party think one is necessary, the party must seek leave of Court.

Summary: Sur-replies are rarely considered and require leave of court to file.

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Civil cases

A party seeking a default judgment shall first file a Request for an Entry of Default from the Clerk of the Court in accordance with Rule 55(a) of the Federal Rules of Civil Procedure. Upon entry of said default, the party may then file a Motion for Default Judgment with the Court.

Summary: Default judgment seekers must first file Request for Entry of Default per Rule 55(a), then Motion for Default Judgment upon default entry.

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Civil cases

A party seeking a default judgment shall first file a Request for an Entry of Default from the Clerk of the Court in accordance with Rule 55(a) of the Federal Rules of Civil Procedure. Upon entry of said default, the party may then file a Motion for Default Judgment with the Court.

Summary: Default judgment requires first filing Request for Entry of Default, then Motion for Default Judgment after default entry.

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Civil cases

Prior to filing Motions in Limine, the parties must confer and note which requests are unopposed.

Summary: Parties must confer and identify unopposed requests before filing Motions in Limine.

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Civil cases

Before filing a motion regarding a discovery dispute, the complaining party must email the Case Manager and Law Clerks a letter—not to exceed two (2) pages—explaining the nature of the dispute. The letter must include a certificate of conference describing the parties’ good-faith efforts to resolve the dispute, including the date, time, and place of the discovery conference and the names of all participating counsel. A discovery letter that does not include this information will not be considered.

Summary: Before filing a discovery dispute motion, the complaining party must submit a maximum 2-page letter to the Case Manager and Law Clerks including a certificate of conference with specified good-faith resolution effort details.

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Civil cases

The parties must confer in good faith before bringing any dispute to the attention of the Court.

Summary: The parties must confer in good faith before bringing a dispute to the Court’s attention.

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Anticipate and seek resolution of such motion in advance of filing deadlines.

Summary: Parties must seek resolution of motions to seal in advance of applicable filing deadlines.

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Civil cases

Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers.

Summary: A party must obtain permission before submitting papers for a discovery or scheduling motion.

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Civil cases

This includes any motion to compel, to quash, for protection, or for extension.

Summary: Motions to compel, quash, for protection, or for extension are subject to the prior-permission requirement.

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Civil cases

This includes any motion to compel, to quash, for protection, or for extension.

Summary: The prior-permission requirement applies to motions to compel, quash, for protection, and for extension.

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The parties must confer on any request for continuance.

Summary: Parties must confer on any continuance request in criminal cases before filing.

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If any party believes the matter requires a different form of protective order, jointly confer in good faith regarding appropriate terms and file either a joint or opposed motion for entry.

Summary: Parties must confer in good faith before filing a motion for a protective order differing from the standard Form 9.

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If any party believes the matter requires a different form of order, jointly confer in good faith regarding appropriate terms and file either a joint or opposed motion for entry.

Summary: Parties must jointly confer in good faith before filing a motion for a different ESI order.

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Conference between lead counsel required. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court.

Summary: Lead counsel must personally confer on all discovery and scheduling disputes before involving the Court.

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To obtain permission, the party seeking relief must submit a letter not exceeding approximately two single-spaced pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Specify the conference between lead counsel and summarize the results. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Don’t submit a reply letter.

Summary: Pre-motion letters (~2 single-spaced pages) required for discovery/scheduling disputes, with responsive opponent letters, no replies allowed.

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Before filing a motion to dismiss for failure to state a claim or counterclaim under Rule 12(b)(6), or a motion for judgment on the pleadings on a claim or counterclaim under Rule 12(c), identify such issues to the opposing party and confer in good faith to resolve them. Motions that don’t include this in the certificate of conference may be denied or stricken.

Summary: Rule 12(b)(6) and 12(c) motions require pre-filing good faith conference with opposing party identifying issues, and certificate of conference must reference this.

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Private mediation or settlement conference before the Magistrate Judge is required within forty-five days of the filing of a summary judgment motion under Rule 56. Proceed as directed under Section 32. Failure to participate in good faith may subject a party to sanctions under Rule 16(f). Immediately submit a joint report verifying either success or declaration of impasse by the mediator or Magistrate Judge. Motions for summary judgment won’t be considered before submission of this joint report.

Summary: Mediation or settlement conference with Magistrate Judge required within 45 days of Rule 56 summary judgment motion filing; joint report of success/impasse required before motion is considered.

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Don’t bring a motion on discovery or scheduling issues absent alternate permission obtained under Section 15.

Summary: Motions on discovery or scheduling disputes require alternate permission under Section 15 before filing.

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Required

Always ?

File any response within twenty-one calendar days of the motion. File any reply within ten calendar days of the response. Don’t file a surreply absent advance permission.

Summary: Civil case motion responses due 21 calendar days after motion filing, replies due 10 calendar days after response; surreplies prohibited without advance permission.

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Required

Always ?

Proceed according to CrLR12 and Rule 12 of the Federal Rules of Criminal Procedure.

Summary: Criminal case motion submission and briefing deadlines follow CrLR12 and Federal Rule of Criminal Procedure 12.

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Seek leave to file any such brief by motion with the brief attached as an exhibit. The brief must clearly state which (if any) party it supports and must not exceed 4,000 words without other permission. Limited response by any party to such briefing is freely allowed.

Summary: Amicus briefs require leave by motion with the brief attached as an exhibit; party responses to amicus briefing are freely allowed.

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Seek permission to file a surreply.

Summary: Prior permission required to file a surreply.

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File any response with authority within seven days of motion. Reply is optional within four days.

Summary: Responses to motions in limine must be filed within 7 days of the motion; optional replies within 4 days.

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Lead counsel must confer in good faith to resolve the dispute prior to any letter. In the letter, identify the specify the conference between lead counsel, and summarize the results.

Summary: Lead counsel must confer in good faith to resolve privilege log disputes before submitting in camera inspection request letters, and letter must identify conference and results.

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Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court.

Summary: Lead counsel must personally confer on all discovery and scheduling disputes before involving the Court.

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Do not bring a motion on discovery and scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties.

Summary: Pre-motion letter (max 2 pages) required to seek permission to file discovery/scheduling dispute motions, must include specified content and copy all parties.

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Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers. This includes any motion to compel, to quash, for protection, or for extension. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the

Summary: Discovery and scheduling motions require prior permission and lead counsel conference before filing.

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two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter. The foregoing letters should be sent by email to the Court’s case manager, Kellie Papaioannou at Kellie_Papaioannou@txs.uscourts.gov.

Summary: Pre-motion letters are limited to 2 pages, must include specified content, require responsive letters of similar length, prohibit replies, and copies must be sent to all counsel and unrepresented parties.

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Ex parte applications in civil cases. The Court does not entertain ex parte applications for restraining orders unless the initiating party satisfies the requirements of Rule 65(b).

Summary: Ex parte restraining order applications will only be considered if the initiating party complies with Rule 65(b) requirements.

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Initiating letter required. Do not bring a motion on discovery or scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding approximately two single-spaced pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Specify the conference between lead counsel and summarize the results. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.

Summary: Pre-motion letter (max 2 single-spaced pages) required before filing discovery or scheduling dispute motions; responsive letters allowed, no replies.

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Do not bring a motion on discovery or scheduling disputes absent permission obtained under Section 13.c.

Summary: Discovery or scheduling dispute motions may not be filed without prior permission under Section 13.c.

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Opposed motions are submitted to the Court twenty-one calendar days from filing. The Court may rule on the motion at that time. Accordingly, file any response no later than twenty-one calendar days of the motion. There is no right to file a reply. The Court may consider a reply if it is filed prior to the Court ruling on the motion. Any reply must be filed no later than seven days after the response is filed. Do not file a sur-reply absent permission.

Summary: Civil opposed motions: responses due 21 calendar days after motion filing; replies (if any) due 7 days after response; sur-replies prohibited without permission.

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Required

Always ?

Submission date and briefing deadline in criminal cases. The Court proceeds according to CrLR12 and Rule 12 of the Federal Rules of Criminal Procedure.

Summary: Criminal case motion briefing follows CrLR12 and Federal Rule of Criminal Procedure 12.

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Confer in good faith so that only disputed motions remain for the Court to resolve.

Summary: Parties must confer in good faith on motions in limine to resolve undisputed issues before filing.

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Do not bring motions in limine in bench trials.

Summary: Motions in limine are prohibited in bench trials.

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Do not raise or re-urge topics resolved under Daubert or summary judgment practice.

Summary: Motions in limine may not raise topics already resolved under Daubert or summary judgment.

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Civil cases

Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers. This includes any motion to compel, to quash, for protection, or for extension. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court.

Summary: Discovery, scheduling, compel, quash, protection, and extension motions require court permission before submission; lead counsel must personally confer prior to involving the court.

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Civil cases

two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.

Summary: Pre-motion letters are required (max 2 pages) with specific content; responsive letters of similar length due promptly, no reply letters allowed, and copies sent to all parties.

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Initiating letter required. Do not bring a motion on discovery or scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding approximately two single-spaced pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Specify the conference between lead counsel and summarize the results. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.

Summary: Pre-motion initiating letter (max ~2 single-spaced pages) required to obtain permission to file motions on discovery or scheduling disputes.

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In camera review available. When a party believes an opponent has misused its privilege log, it may request that the Court make in camera inspection of not more than twenty documents. Bring any request by letter not to exceed approximately three single-spaced pages. Lead counsel must confer in good faith to resolve the dispute prior to any letter. In the letter, identify the documents for review, state the grounds for challenge, specify the conference between lead counsel, and summarize the results. This letter establishes consent to ex parte contact between the Court and the party’s opponent regarding the nature and verity of the asserted privilege. Each party may freely submit only a single letter requesting in camera inspection. Submit any letter at least sixty days before the end of discovery or promptly upon

Summary: Letter (max ~3 single-spaced pages) required to request in camera inspection of up to 20 privilege log documents, with lead counsel conferring beforehand.

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Motions to dismiss or for judgment on the pleadings in civil cases. Pleading deficiencies of a claim or counterclaim are often cured in whole or in part by a permissible amendment to the subject pleading. Before filing a motion to dismiss for failure to state a claim or counterclaim under Rule 12(b)(6), or a motion for judgment on the pleadings on a claim or counterclaim under Rule 12(c), identify such issues to the opposing party and confer in good faith to resolve them. The Court will strike motions that do not include this in the certificate of conference.

Summary: Before filing Rule 12(b)(6) or 12(c) motions in civil cases, counsel must identify pleading issues and confer in good faith; certificate of conference must confirm this.

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Motions on discovery and scheduling. Do not bring a motion on discovery or scheduling disputes absent permission obtained under Section 13.c.

Summary: Discovery or scheduling dispute motions may only be filed with prior permission under Section 13.c.

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Submission date and briefing deadlines in civil cases. The Court follows the deadlines set forth in LR7.3. Opposed motions are submitted to the Court twenty-one calendar days from filing. The Court may rule on the motion at that time. Accordingly, file any response no later than twenty-one calendar days of the motion. There is no right to file a reply. The Court may consider a reply if it is filed prior to the Court ruling on the motion. Any reply must be filed no later than seven days after the response is filed. Do not file a sur-reply absent permission.

Summary: Civil motion responses due 21 calendar days after filing; replies due 7 days after response, no sur-replies without permission.

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Confer in good faith so that only disputed motions in limine remain for the Court to resolve.

Summary: Parties must confer in good faith before filing motions in limine to resolve undisputed issues.

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Civil cases

The Court will not entertain ex parte applications for restraining orders unless the requirements of Fed. R. Civ. P. 65(b) have been satisfied.

Summary: Ex parte restraining order applications are only permitted if they meet Federal Rule of Civil Procedure 65(b) requirements.

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Civil cases

If a potential conflict of interest exists between the parent(s)/guardian(s) and the minor, counsel will jointly move to appoint an attorney ad litem prior to any mediation or other Alternative Dispute Resolution procedure.

Summary: In minor plaintiff cases with potential conflict of interest, counsel must jointly move to appoint attorney ad litem prior to mediation or ADR.

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Civil cases

If no conflict of interest exists between the parent(s)/guardian(s) and the minor, and the suit is settled, counsel will jointly move to appoint an attorney ad litem to represent the minor at the settlement hearing.

Summary: In settled minor plaintiff cases with no conflict, counsel must jointly move to appoint attorney ad litem for the settlement hearing.

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Criminal cases

Applications shall be presented to the Court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the Court.

Summary: Emergency applications are presented to the Court only after counsel confirms the opposing party is contacted and both parties are available for a conference.

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Criminal cases

Unless the Court orders differently, counsel must respond to an opposed motion within twenty-one days from the date the motion is filed with the District Clerk’s Office. Failure to file a timely response shall be taken as an indication that the opposing party agrees to the motion and the relief requested. If the movant files a reply, it must be filed within ten days after the filing of the response.

Summary: Responses to opposed motions due 21 days after filing; replies due 10 days after response; no response deemed consent.

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Criminal cases

All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and must be filed at least 30 days before jury selection.

Summary: Motions to Dismiss, Sever, and Separate Trial must be specific and filed 30+ days before jury selection.

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In all cases except habeas corpus/prisoner petitions and Social Security and Bankruptcy appeals, a pre-motion conference must be requested before filing: i. Any motion pursuant to Fed. R. Civ. P. 12; ii. Any motion for a change of venue; iii. Any motion to remand; or iv. Any motion to amend a pleading pursuant to FED. R. CIV. P. 15 where leave of court is required. The pre-motion conference may be held in person or by telephone, at the discretion of the Court. To request a pre-motion conference, a party shall file and serve a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion, and affirming that they have conferred with all parties regarding the relief to be requested. All parties may, but are not required to, serve and file a letter response, not to exceed three (3) pages within five (5) days from filing of the notification letter. The Court may act on the initial request before a response is filed. Rule 12(a) prescribes time requirements for the filing of answers and for the filing of motions permitted under Rule 12. For the purposes of these timing requirements, a pre-motion conference letter requesting permission to file a motion permitted by the Rule shall be considered the equivalent of the motion itself. Compliance with this procedure shall not be deemed a waiver of any parties’ defenses as to insufficient service of process or lack of personal jurisdiction.

Summary: Pre-motion conference required before filing specified motions (except in habeas, prisoner, Social Security, Bankruptcy appeals), with mandatory 3-page pre-motion letter and optional 3-page response due within 5 days.

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Note that these provisions do not apply to motions other than those specifically enumerated. For example, letters requesting pre-motion conferences are not required for motions pursuant to Fed. R. Civ. P. 50, 59 and 60, and counsel should be aware that the Court of Appeals will not accept an argument that compliance with district court motion rules should excuse noncompliance with Fed. R. App. 4.

Summary: Pre-motion conference letters are not required for motions under Fed. R. Civ. P. 50, 59, or 60.

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Required

Always ?

Counsel and pro se parties must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreements on the relief requested.

Summary: Parties must confer with opposing counsel on all motions to reach agreement on requested relief.

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Required

Always ?

Unless the Court issues a briefing schedule, responses by the nonmovant must be filed within 21 days of the motion. Movant may file a reply within seven calendar days after the non-movant's response. No further briefing, including supplements and sur-replies, should be filed without leave of Court. The Court will usually decline to consider such additional briefing. When circumstances dictate, the Court may consider and rule upon a motion prior to expiration of the 21-day period.

Summary: Nonmovant responses due 21 days after motion filing, replies due 7 calendar days after response; no sur-replies without leave of court.

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Any party wishing to make a discovery or scheduling motion should arrange for a conference with the Court before submission of any motion papers.

Summary: Parties filing discovery or scheduling motions must arrange a pre-motion conference with the Court before submitting motion papers.

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Counsel are responsible for conferring in good faith to resolve discovery and scheduling disputes. If counsel for the parties are unable to reach an agreement, a conference with the Court must be sought by a joint letter filed with the Court. The parties should file a joint letter that does not exceed 2 pages, outlining the issues. The letter MUST specify the date, time and place of the parties’ prior out-of-court discovery or scheduling discussion(s), the results of the discussions, and the names of all counsel or pro se parties participating therein. If counsel has been unable to confer because of the unavailability or unwillingness of certain counsel or pro se parties to do so, the statement shall recite the facts concerning attempts to confer.

Summary: Counsel must confer in good faith to resolve discovery/scheduling disputes; if unresolved, must seek Court conference via joint letter with required content.

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Criminal cases

Required

Always ?

Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreement on the relief requested by the movant.

Summary: Counsel must confer with opposing counsel on all motions to reach agreement before filing.

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Criminal cases

All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and brought to the Court’s attention at least thirty (30) days before jury selection.

Summary: Motions to Dismiss, Sever, and for Separate Trial must be specific and brought to the Court’s attention at least 30 days before jury selection.

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Criminal cases

The Court generally holds one trial docket call each month. This docket call is the final pretrial conference (FPTC). At the FPTC, the Court may rule on all pending motions and conduct re-arraignments. The Magistrate Judge may conduct re-arraignments in felony cases as requested by the Court. The parties must engage in timely plea negotiations. Defense counsel should confer beforehand with the Government and their clients and review plea agreements prior to the FPTC. The FPTC date is NOT the date to secure a plea agreement and review it with the defendant-client. The parties must be ready to enter a plea of guilty or proceed to trial on announcement.

Summary: Parties must conduct timely plea negotiations, review plea agreements before FPTC, and be ready to plead or proceed to trial at FPTC; monthly FPTC is held to rule on motions and conduct re-arraignments.

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Civil cases

Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreements on the relief to be requested by the movant. Failure to comply may result in the party’s filing being denied or stricken.

Summary: Counsel must confer with opposing counsel on all motions; failure to comply may result in denial or striking of the filing.

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Civil cases

Opposed motions generally will be considered by the Court after the expiration of 28 days from the motion filing date. Responses by the non-movant must be filed within 21 calendar days of the motion. The movant’s reply must be filed within 7 calendar days after the non-movant’s response.

Summary: Opposed motions: responses due 21 calendar days after motion filing, replies due 7 calendar days after response; considered after 28 days.

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Civil cases

Counsel are required to confer in good faith to resolve discovery and scheduling disputes.

Summary: Counsel must confer in good faith to resolve discovery and scheduling disputes before filing motions.

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Applications for restraining orders or for other immediate relief shall be made through the Case Manager. Such applications shall be presented to the Court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for an in-chambers conference before the Court. Ex parte applications for restraining orders will not be entertained by the Court unless the requirements of FED. R. CIV. P. 65(b) have been satisfied.

Summary: Applications for restraining orders/immediate relief must be submitted via Case Manager with affirmation of opposing party contact and availability for in-chambers conference; ex parte TROs require Rule 65(b) compliance.

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The Court will not consider the conference requirement to be satisfied by an unsuccessful attempt to reach opposing counsel occurring less than two full business days before a motion is filed.1 Accordingly, a moving party should begin efforts to confer with other parties at least two full business days before any motion deadline.

Summary: Unsuccessful conference attempts less than two full business days before motion filing do not satisfy the conference requirement; parties should begin conferring at least two full business days before motion deadlines.

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(A) The Reply should be filed within seven (7) days of the date the Response was filed.

Summary: Replies must be filed within 7 days of the response filing date.

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Criminal cases

1. Counsel for the government and the accused must confer to see if they can reach agreement.

Summary: Government and defense counsel must confer to determine whether they can reach agreement before reopening a detention hearing.

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Applications for restraining orders or for other immediate relief shall be made through the Case Manager. Such applications shall be presented to the Court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for an in-chambers conference before the Court. Ex parte applications for restraining orders will not be entertained by the Court unless the requirements of FED. R. CIV. P. 65(b) have been satisfied.

Summary: Applications for restraining orders or immediate relief must be submitted via Case Manager with affirmation of opposing party contact and availability for in-chambers conference; ex parte TROs only allowed if Rule 65(b) satisfied.

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Required

Always ?

The Court follows the written motion practice described in the Local Rules. Since most motions will be ruled on without an oral hearing, brief, clear motion papers are very important. The Court will consider the motion and response after the submission date.

Summary: Court follows local rules for written motion practice; most motions decided without oral hearing, considered after submission date.

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The Court will not consider the conference requirement to be satisfied by an unsuccessful attempt to reach opposing counsel occurring less than two full business days before a motion is filed. Accordingly, a moving party should begin efforts to confer with other parties at least two full business days before any motion deadline.

Summary: Unsuccessful attempts to confer with opposing counsel less than two full business days before motion filing do not satisfy the conference requirement; parties should begin conferral at least two business days before deadlines.

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If counsel believe the case does require jury instructions not included in the Fifth Circuit’s Pattern Jury Instructions, all counsel shall confer and seek to agree on the proposed wording. If the parties cannot agree, counsel shall identify those parts of the requested jury instructions upon which they can agree and submit competing versions of the instructions as to which they cannot agree.

Summary: Counsel for criminal jury trials must confer on non-pattern jury instructions, submit agreed parts and competing versions if unable to agree.

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Civil cases

All applications of this type shall be presented to the Court by the Case Manager following counsel=s affirmation that the opposing party has been contacted and that both parties are available for a conference before the Court, or an explanation of why such contact is not legally required.

Summary: Restraining order applications require affirmation of opposing party contact/availability or explanation of why contact is not required.

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Civil cases

Ex parte applications for restraining orders will not be entertained by the Court unless the requirements of Fed. R. Civ. P. 65(b) are satisfied.

Summary: Ex parte restraining order applications are only allowed if Fed. R. Civ. P. 65(b) requirements are met.

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Civil cases

Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreements on the relief to be requested by the movant.

Summary: Counsel must confer with opposing counsel on all motions to reach agreement on requested relief.

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Civil cases

Opposed motions generally will be considered by the Court after the expiration of 28 days from the motion filing date. Responses by the non-movant must be filed within 21 calendar days of the motion. The movant’s reply must be filed within 7 calendar days after the non-movant’s response. When circumstances dictate, the Court may consider a motion prior to expiration of the 28 day period.

Summary: Opposed motions are considered after 28 days, with non-movant responses due in 21 days and replies in 7 days after response; court may consider earlier if needed.

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Civil cases

The Court believes that most discovery and schedule-related disputes, especially those dealing with (i) scheduling, (ii) the number, length, and form of oral and written questions, (iii) the responsiveness of answers to oral and written questions, and (iv) the mechanics of document productions, including protective orders and the proper method of raising claims of privilege, can be resolved by counsel without the intervention of the Court. Counsel are responsible for conferring in good faith to resolve discovery and scheduling disputes. See Section 6.A.1 above.

Summary: Counsel must confer in good faith to resolve discovery and scheduling disputes before seeking court intervention.

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Criminal cases

Required

Always ?

Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreement on the relief requested by the movant.

Summary: Counsel must confer with opposing counsel on all motions to reach agreement on requested relief.

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Criminal cases

All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and brought to the Court’s attention at least thirty (30) days before jury selection.

Summary: Motions to Dismiss, Sever, and for Separate Trial must be brought to the Court's attention at least 30 days before jury selection.

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Criminal cases

Any opposed filing requesting relief from the Court—whether styled as a motion, notice, advisory, or otherwise—triggers a duty for the opposing party to file a response within seven (7) days of filing.

Summary: Opposing parties must respond to opposed filings requesting relief within 7 days of filing.

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Criminal cases

response deadline is made for motions to suppress evidence. The Government shall have fourteen (14) days to file a response.

Summary: The Government has 14 days to respond to motions to suppress evidence.

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Criminal cases

response deadline is made for motions to suppress evidence. The Government shall have fourteen (14) days to file a response.

Summary: Government has 14 days to respond to motions to suppress evidence.

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Criminal cases

Required

Always ?

Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreement on the relief requested by the movant.

Summary: Counsel must confer with opposing counsel on all motions to attempt to reach agreement before filing.

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Criminal cases

All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and brought to the Court’s attention at least thirty (30) days before jury selection.

Summary: Motions to Dismiss, Sever, and for Separate Trial must be specific and filed at least 30 days before jury selection.

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Criminal cases

Any opposed filing requesting relief from the Court—whether styled as a motion, notice, advisory, or otherwise—triggers a duty for the opposing party to file a response within seven (7) days of filing.

Summary: Opposed filings requesting relief trigger a 7-day response deadline for opposing parties.

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Criminal cases

Motions in limine are not required but may be filed when a party seeks the Court’s ruling on a unique or novel evidentiary dispute. The Court strongly discourages and may strike motions in limine that simply seek to have the Court admonish the other party to follow the Federal Rules of Evidence and Criminal Procedure or other well-known rules of jury trial practice, all of which counsel must understand and follow. Additionally, if counsel harbors doubt as to whether his or her anticipated conduct at trial will violate the rules or expectations, counsel must seek permission to take that action in a motion in limine, Failure to ask permission prior to taking a potentially prohibited action may result in sanctions.

Summary: Motions in limine optional for unique evidentiary disputes; court may strike boilerplate motions; counsel must seek permission for potentially prohibited trial conduct via motion in limine.

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Civil cases

Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreements on the relief to be requested by the movant.

Summary: Counsel must confer with opposing counsel on all motions to reach agreement on requested relief.

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Civil cases

Opposed motions generally will be considered by the Court after the expiration of 28 days from the motion filing date. Responses by the non-movant must be filed within 21 calendar days of the motion. The movant’s reply must be filed within 7 calendar days after the non-movant’s response.

Summary: Opposed motions are considered 28 days after filing; non-movant responses due 21 days after motion, replies due 7 days after response.

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Civil cases

Counsel are responsible for conferring in good faith to resolve discovery and scheduling disputes.

Summary: Counsel must confer in good faith to resolve discovery and scheduling disputes.

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The parties must jointly confer in good faith regarding appropriate terms for a protective order and file either a joint or opposed motion for entry of a protective order with the proposed order as an exhibit.

Summary: Parties must jointly confer in good faith on protective order terms before filing a motion for entry of a protective order.

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Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court.

Summary: Lead counsel must personally confer on all discovery and scheduling disputes before involving the Court.

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Do not bring a motion on discovery or scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding approximately two single-spaced pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Specify the conference between lead counsel and summarize the results. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.

Summary: Initiating letter (max 2 single-spaced pages) required to bring discovery or scheduling dispute motions; responsive letters allowed, no replies.

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When a party believes an opponent has misused its privilege log, it may request that the Court make in camera inspection of not more than twenty documents. Bring any request by letter not to exceed approximately three single-spaced pages. Lead counsel must confer in good faith to resolve the dispute prior to any letter. In the letter, identify the documents for review, state the grounds for challenge, specify the conference between lead counsel, and summarize the results. This letter establishes consent to ex parte contact between the Court and the party’s opponent regarding the nature and verity of the asserted privilege. Each party may freely submit only a single letter requesting in camera inspection. Submit any letter at least sixty days before the end of discovery or promptly upon receipt of any later privilege log.

Summary: Letter (max 3 single-spaced pages) required to request in camera review of privilege logs; lead counsel must confer first, limited to 20 documents, one letter per party.

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Required

Always ?

Make serious, timely, good faith efforts to seek agreement on all disputed matters and requests for relief, including dispositive motions.

Summary: Parties must make good faith efforts to resolve disputes before filing any motion.

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Before filing a motion to dismiss for failure to state a claim or counterclaim under Rule 12(b)(6), or a motion for judgment on the pleadings on a claim or counterclaim under Rule 12(c), identify such issues to the opposing party and confer in good faith to resolve them.

Summary: Before filing Rule 12(b)(6) or 12(c) motions, parties must identify issues and confer in good faith.

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Private mediation or settlement conference before the Magistrate Judge is required within forty-five days of the filing of a summary judgment motion under Rule 56. Proceed as directed under Section 29. Failure to participate in good faith may subject a party to sanctions under Rule 16(f). Immediately submit a joint report verifying either success or declaration of impasse by the mediator or Magistrate Judge. Motions for summary judgment will not be considered before submission of this joint report.

Summary: Rule 56 motions require mediation/settlement conference within 45 days of filing, joint report after, motion not considered before report.

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Do not bring a motion on discovery or scheduling disputes absent permission obtained under Section 13.

Summary: Discovery or scheduling dispute motions may not be filed without prior permission under Section 13.

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File any response within twenty-one calendar days of the motion. File any reply within ten calendar days of the response. Do not file a sur-reply without advance permission.

Summary: Civil motion responses due 21 calendar days after motion, replies 10 days after response, sur-replies prohibited without advance permission.

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File a response to any motion in limine that is contested no later than three business days after the date the Joint Pretrial Order is filed.

Summary: Contested motions in limine require a response filed within three business days after the Joint Pretrial Order is filed.

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Civil cases

Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers. This includes any motion to compel, to quash, for protection, or for extension. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court. To obtain permission, the party seeking relief must submit a letter not exceeding two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter. The foregoing letters should be sent by email to the Court’s case manager at CM_DJGanjei@txs.uscourts.gov.

Summary: Discovery and scheduling motions require prior permission via a 2-page pre-motion letter after lead counsel confer, with responsive letters allowed but no replies.

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Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court. Do not bring a motion on discovery and scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding two pages. Identify the nature of the dispute, outline the issues, and state the contested

Summary: Pre-motion letter required for discovery/scheduling dispute motions, must include nature of dispute, issues, and contested matters; lead counsel must confer before involving court.

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The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.

Summary: For discovery/pretrial dispute letters, opposing party must submit a responsive letter of similar length; reply letters are prohibited.

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When the dispute includes discovery of electronic data, each party must have available at any conference a person with detailed knowledge of the computers and electronic databases in issue.

Summary: For e-discovery disputes, each party must have a person with detailed knowledge of relevant systems available at any conference.

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Counsel’s designated attorney-in-charge must appear at the Scheduling Conference. The Court permits substitution of counsel for this conference only on showing of good cause. File and seek ruling on any such motion well in advance of the conference.

Summary: Counsel’s designated attorney-in-charge must appear at the Scheduling Conference; substitution requires good cause and motion filed well in advance.

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Any counsel or pro se party who appears at the conference must be: a. Fully familiar with the facts and the law applicable to the case, including having interviewed their witnesses; b. Prepared to argue any pending motion and to discuss any anticipated motion; c. Prepared to discuss potential alternative dispute resolution methods suited to the case; and d. Authorized to bind the client on all matters discussed at the conference.

Summary: Conference attendees must be familiar with the case, prepared to discuss motions/ADR, and authorized to bind the client.

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Civil cases

If after conferring with one another, counsel cannot agree about the disposition of a motion, counsel may schedule a telephonic conference with the Court to discuss the motion and the opposing party’s response. If after a telephonic conference is held, the motion is not resolved, the parties are instructed to schedule a hearing with the Court and submit a motion requesting the hearing. The joint motion must contain a list of all pending issues in the opposed motion and a statement that counsel have conferred amongst themselves and believe a hearing is necessary to resolve the motion.

Summary: Counsel may schedule optional telephonic conference with court if conferring fails to resolve motion; unresolved motions require hearing with motion listing issues and confirming conferring.

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Civil cases

If there is a potential conflict of interest between the parent(s)/guardian(s) and the minor, counsel will jointly move for appointment of an attorney ad litem before any mediation or other ADR procedure.

Summary: Counsel must jointly move for appointment of attorney ad litem before mediation/ADR if conflict exists between parent/guardian and minor.

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Civil cases

If the suit is settled, counsel still will jointly move for appointment of an attorney ad litem to represent the minor at the settlement hearing.

Summary: Counsel must jointly move for appointment of attorney ad litem upon settlement involving a minor plaintiff.

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Civil cases

(2) Ex parte applications for restraining orders will NOT be considered by the Court unless the specific requirements of Federal Rule of Civil Procedure (“FRCP”) 65(b), have been satisfied.

Summary: Ex parte restraining order applications are only considered if FRCP 65(b) requirements are met.

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Civil cases

Be filed within 21 days from the date the motion was filed with the District Clerk’s Office.

Summary: Oppositions to motions must be filed within 21 days of the motion's filing with the District Clerk.

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Civil cases

If the movant elects to reply, it must be filed no more than 10 days after the response was filed with the District Clerk’s Office.

Summary: Replies to oppositions must be filed within 10 days of the opposition's filing with the District Clerk.

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Civil cases

Surreplies must be filed no more than 10 days after the reply was filed with the District Clerk’s Office.

Summary: Surreplies must be filed within 10 days of the reply's filing with the District Clerk.

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Civil cases

Failure to respond to an opposed motion will be deemed as a representation of no opposition. The Court will rule on any motion once it becomes ripe no matter if a response has been filed.

Summary: Failure to respond to an opposed motion constitutes no opposition; Court rules when motion is ripe regardless of response.

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Civil cases

The Court will not hear discovery motions unless moving counsel has advised the Court in the motion that counsel have conferred in a good-faith effort to resolve the matters in dispute but cannot reach an agreement and have further jointly telephonically conferred with the Court as to the pending discovery dispute. If counsel has been unable to confer because of unavailability or unwillingness of opposing counsel to do so, the statement must recite the facts about attempts to confer.

Summary: Discovery motions must state that counsel conferred in good faith with opposing counsel and jointly telephonically conferred with the Court, or recite attempt facts if opposing counsel was unavailable/unwilling.

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Civil cases

more than 21 days before the deadline so that opposing counsel may respond to the motion before the discovery deadline.

Summary: Discovery motions must be filed more than 21 days before the discovery deadline to allow opposing counsel time to respond.

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Civil cases

If counsel anticipates the need to offer evidence or testimony at the motion hearing, leave to do so must be obtained from the Court in advance.

Summary: Counsel must obtain advance leave from the Court to offer evidence or testimony at a motion hearing.

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Civil cases

If there is a potential conflict of interest between the parent(s)/guardian(s) and the minor, counsel will jointly move for appointment of an attorney ad litem before any mediation or other ADR procedure.

Summary: Joint motion for appointment of attorney ad litem required before ADR if conflict exists between parent/guardian and minor.

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Civil cases

If the suit is settled, counsel still will jointly move for appointment of an attorney ad litem to represent the minor at the settlement hearing.

Summary: Joint motion for appointment of attorney ad litem required upon settlement to represent minor at settlement hearing.

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Civil cases

Responses to dispositive and non-dispositive motions are due 21 days after the motions are filed. See Local Rule 6(C)(2)

Summary: Responses to dispositive and non-dispositive motions must be filed within 21 days of the motion's filing.

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Criminal cases

Upon a defendant entering a plea of guilty or nolo contendere in front of a Magistrate Judge, this Court will adopt the Magistrate Judge’s Report and Recommendation and “accept” the defendant’s guilty plea, except in either of these scenarios: (1) the defendant timely files within 14 days from the plea hearing a written motion requesting a formal withdrawal of the defendant’s guilty plea under Fed. R. CRIM. P. 11(d)(1); or (2) the defendant timely files written objections within 14 days from the date of execution of the Magistrate Judge’s Report and Recommendation. It is the defendant’s responsibility to schedule a hearing within 30 days from the filing of either pleading.

Summary: Motions to withdraw guilty/nolo pleas must be filed within 14 days of plea hearing; objections to Magistrate Judge’s R&R must be filed within 14 days of R&R execution; hearing must be scheduled within 30 days of filing.

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Criminal cases

If counsel waives their Motion Hearing, then he or she must obtain leave of court before filing any later motions.

Summary: Counsel who waives a motion hearing must obtain leave of court to file subsequent motions.

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Criminal cases

Motions to Dismiss and Motions to Sever. Motions to Dismiss and Sever must be in writing, specifically state their basis—as supported by a statement of authority—and follow the Scheduling Order. Hearings for these will be granted at the Court’s discretion.

Summary: Motions to Dismiss (Rule 12) and Motions to Sever must be in writing, state their basis with supporting authority, follow the Scheduling Order, and hearings are granted at the Court’s discretion.

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Applications for restraining orders or for other immediate relief shall be made through the Case Manager. Applications shall be presented to the court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the court.

Summary: Applications for restraining orders or immediate relief must be submitted through the Case Manager, who will present them after counsel confirms opposing party contact and availability for conference.

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Ex parte applications for restraining orders will not be entertained by the court unless the requirements of Fed. R. Civ. P. 65(b) have been satisfied.

Summary: Ex parte restraining order applications are only allowed if the requirements of Federal Rule of Civil Procedure 65(b) are met.

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MEDIATION or SETTLEMENT CONFERENCE BEFORE THE MAGISTRATE JUDGE Dispositive motions will be due thirty (30) days after the mediator or magistrate judge declares an impasse.

Summary: Dispositive motions are due 30 days after mediation/settlement conference impasse; such conference with magistrate judge is required before filing dispositive motions.

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Only after counsel have conferred by telephone or video conference and are unable to reach agreement may any party request a conference with the court. The requesting party must file a letter of no more than three pages summarizing the dispute, the date, time and method of the parties’ conference and the identity of the attendees, the outcome of the discussions, and the relief sought from the court.

Summary: Counsel must confer by phone/video before requesting court conference on discovery dispute; must file 3-page letter with required content.

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To the fullest extent possible, the court will dispose of discovery disputes at the conference and without resort to motion practice. If a written motion continues to be necessary, the remaining issues to be addressed in the motion and a briefing schedule will be established during the conference.

Summary: Discovery disputes must be addressed at a conference before filing a motion, with briefing schedule set during the conference if motion is necessary.

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The parties must also discuss prior to court intervention, the potential options for decreasing the alleged burdens of searching for and producing electronic data.

Summary: Parties must discuss options to reduce e-discovery burdens before seeking court intervention for electronic data disputes.

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Counsel for a party resisting discovery of electronic data shall be prepared to discuss, or have in attendance (in person or by telephone) a person prepared to discuss, the specific burdens or difficulties involved in the searching for and/or production of the requested electronic data.

Summary: Counsel resisting e-discovery must be prepared to discuss search/production burdens or have a knowledgeable person available.

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Discovery motions should be filed only after the procedures in Section III “Discovery Disputes” have been followed but have failed to resolve the dispute.

Summary: Discovery motions must follow Section III Discovery Disputes procedures and fail to resolve the dispute before being filed.

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Counsel and pro se parties must make serious and timely efforts to confer with opposing counsel on all motions and try to reach agreements on the relief requested.

Summary: Counsel and pro se parties must confer with opposing counsel regarding all motions before filing.

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5. Pre-motion Conferences Required for Discovery and Other Pretrial Disputes The Court encourages the parties to make a serious attempt to resolve all discovery and scheduling disputes without intervention by the Court. This includes motions to compel, quash any discovery, or for protection. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court. Do not bring a motion on discovery and scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter. The foregoing letters should be sent by email to the Court’s case manager, Kellie Papaioannou at Kellie_Papaioannou@txs.uscourts.gov. The Court may dispose of the dispute on the letters. When determined advisable, the Court may schedule a telephonic or video conference as soon as practicable. The Court will dispose of disputes at the conference to the extent possible and establish the issues and briefing schedule of any written motion allowed.

Summary: Pre-motion permission via letter required for discovery and scheduling dispute motions; lead counsel must confer personally before seeking court intervention.

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Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers. This includes any motion to compel, to quash, for protection, or for extension. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court. To obtain permission, the party seeking relief must submit a letter not exceeding two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter. The foregoing letters should be sent by email to the Court’s case manager, Kellie Papaioannou at Kellie_Papaioannou@txs.uscourts.gov.

Summary: Pre-motion letter (max 2 pages) and lead counsel conference required for discovery/scheduling motions including compel, quash, protection, extension.

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Civil cases

Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers. This includes any motion to compel, to quash, for protection, or for extension. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court. To obtain permission, the party seeking relief must submit a letter not exceeding two pages. Identify the nature of the dispute, outline the issues, and state the contested

Summary: Discovery and scheduling motions require prior court permission via a max 2-page pre-motion letter after lead counsel personally confers with opposing counsel.

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Civil cases

Send a copy to all counsel and unrepresented parties.

Summary: Pre-motion letters must be served on all counsel and unrepresented parties.

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Civil cases

The opposing party should promptly submit a responsive letter of similar length identifying any disagreement.

Summary: Opposing party must promptly submit a responsive letter of similar length to the initial pre-motion letter, identifying any disagreement.

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Civil cases

Do not submit a reply letter.

Summary: Reply letters to responsive pre-motion letters are prohibited.

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Ex parte applications in civil cases. The Court does not entertain ex parte applications for restraining orders unless the initiating party satisfies the requirements of Rule 65(b).

Summary: Ex parte TRO applications are only entertained if the initiating party satisfies Rule 65(b) requirements.

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Good faith required. Make a serious attempt to resolve all discovery and scheduling disputes without intervention by the Court. This includes disputes to compel or quash any discovery or for protection. Be pragmatic. Seek reasonable compromise. The Court will not hesitate to shift costs or order other relief against a party or counsel acting unreasonably or in bad faith.

Summary: Parties must make good faith attempt to resolve all discovery and scheduling disputes without court intervention; sanctions for bad faith.

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Conference between lead counsel required. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court.

Summary: Lead counsel must personally confer on all discovery and scheduling disputes before involving the Court.

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Initiating letter required. Do not bring a motion on discovery and scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding approximately two single-spaced pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Specify the conference between lead counsel and summarize the results.

Summary: Initiating letter (max ~2 single-spaced pages) required to obtain permission to bring motion on discovery/scheduling disputes, must include specific content.

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The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.

Summary: Opposing party must submit responsive letter (similar length to initiating letter) to discovery/scheduling dispute initiating letter; reply letters prohibited.

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Disputes as to electronic data. When the dispute includes discovery of electronic data, each party must have available at any conference a person with detailed knowledge of the computers and electronic databases in issue.

Summary: Parties must have a person with detailed knowledge of relevant electronic systems available at conferences for electronic data discovery disputes.

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Motions on discovery and scheduling. Do not bring a motion on discovery or scheduling disputes absent permission obtained under Section 13.c.

Summary: Motions on discovery or scheduling disputes prohibited without permission obtained under Section 13.c.

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Bring any request by letter not to exceed approximately three single-spaced pages. Lead counsel must confer in good faith to resolve the dispute prior to any letter. In the letter, identify the documents for review, state the grounds for challenge, specify the conference between lead counsel, and summarize the results. This letter establishes consent to ex parte contact between the Court and the party’s opponent regarding the nature and verity of the asserted privilege.

Summary: Requests for in camera inspection of privilege log documents require a letter (max ~3 single-spaced pages) with specific content, after lead counsel conference.

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Each party may freely submit only a single letter requesting in camera inspection. Submit any letter at least sixty days before the end of discovery or promptly upon receipt of any later privilege log.

Summary: Only one in camera inspection request letter allowed per party, due 60 days before discovery ends or promptly on receipt of later privilege log.

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Make serious, timely, good faith efforts to seek agreement on all disputed matters and requests for relief except dispositive motions.

Summary: Good faith efforts to seek agreement required for all disputed matters except dispositive motions.

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Before filing a motion to dismiss for failure to state a claim or counterclaim under Rule 12(b)(6), or a motion for judgment on the pleadings on a claim or counterclaim under Rule 12(c), identify such issues to the opposing party and confer in good faith to resolve them. The Court will strike motions that do not include this in the certificate of conference.

Summary: Pre-filing conference and issue identification required for Rule 12(b)(6) and 12(c) motions in civil cases; certificate of conference must include this.

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set forth in LR7.3 and considers opposed motions twenty-eight calendar days after their filing date. File any response within twenty-one calendar days of the motion. File any reply within seven calendar days of the response. Do not file a surreply absent advance permission.

Summary: Opposed motions are considered 28 days after filing; responses due 21 days post-motion, replies 7 days post-response; no sur-replies without permission.

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the conference should be filed at least 24 hours before the conference date.

Summary: Discovery dispute conference materials must be filed at least 24 hours before the conference date.

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To the fullest extent possible, the court will dispose of discovery disputes at the conference and without resort to motion practice. If a written motion continues to be necessary, the remaining issues to be addressed in the motion and a briefing schedule will be established during the conference.

Summary: Discovery disputes are resolved at initial conference; if motion is needed, issues and briefing schedule are set at the conference.

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Before parties seek court intervention for a dispute concerning discovery of electronic data, the court expects the parties to discuss in person, by telephone, or by video conference, the alleged need for and burdens of searching for and/or producing the data (e.g., the number of document custodians at issue, the amount of time and expense required to search for, locate, or produce the data, the expected volume of data, etc.). The parties must also discuss prior to court intervention, the potential options for decreasing the alleged burdens of searching for and producing electronic data. Counsel for a party resisting discovery of electronic data shall be prepared to discuss, or have in attendance (in person or by telephone) a person prepared to discuss, the specific burdens or difficulties involved in the searching for and/or production of the requested electronic data.

Summary: Parties must discuss electronic discovery disputes in person/phone/video before seeking court intervention; resisting parties must have a person to discuss burdens.

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Discovery motions should be filed only after the procedures in Section III “Discovery Disputes” have been followed but have failed to resolve the dispute.

Summary: Discovery motions may only be filed after completing and failing to resolve the dispute via Section III discovery procedures.

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No counsel can appear by telephone at the initial pretrial and scheduling conference. Unless counsel or the parties prefer otherwise, initial conferences will be conducted by videoconference.

Summary: Telephone appearances prohibited at initial pretrial/scheduling conferences; initial conferences held by videoconference unless parties prefer otherwise.

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Mandatory pre-motion conference for discovery and scheduling disputes. Most discovery and scheduling disputes can—and should—be resolved by counsel without court intervention. Compromise is encouraged. If the parties cannot reach an agreement on discovery or scheduling issues despite conferring in good faith, they may seek a conference with the Court by emailing the Case Manager a joint letter that cannot exceed three pages, identifying the disputes and issues to be addressed. See supra § 1(e). This is not a brief and should not set out case law or argument. The letter also must specify the date, time, and place of the parties’ discussions, the

Summary: Mandatory pre-motion conference required for discovery/scheduling disputes; joint letter (max 3 pages) must be emailed to Case Manager.

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To the extent possible, the disputed issues will be resolved at the pre-motion conference. At the conference, the Court will determine whether written submissions are necessary and, if so, the schedule for filing the submissions. Parties cannot file motions seeking relief on discovery or scheduling issueswithout engaging in this pre-motion conference process.

Summary: Pre-motion conference required before filing discovery or scheduling motions; court resolves disputed issues, determines need for written submissions, and sets filing schedule.

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e. Deadlines for responses and replies. Responses to motions, if any, must be filed before the motion is submitted to the Court on the 21st day after the motion is filed. Any reply must be filed no later than seven days after the response was filed. No further briefing is permitted without leave of Court. The Court disfavors requests for further briefing.

Summary: Motion responses due 21 days after motion filing; replies due 7 days after response; no sur-replies permitted without court leave.

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Civil cases

Applications shall be presented to the Court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the Court.

Summary: Restraining order applications are presented to the Court by the Case Manager after counsel affirms opposing party contact and both parties' availability for conference.

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Civil cases

Ex parte applications for restraining orders are discouraged and will not be entertained by the Court unless the requirements of FED. R. CIV. P. 65(b) have been satisfied.

Summary: Ex parte restraining order applications are only entertained if they meet Federal Rule of Civil Procedure 65(b) requirements.

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Civil cases

Unless otherwise ordered, counsel must respond to an opposed motion within 21 days from the date the motion is filed with the Clerk’s Office. If the movant desires to file a reply, it must be filed within 10 days thereafter. A sur-reply may be filed as per the local rules; but the Court will not wait on a sur-reply to rule. The Court may rule on any motion once it becomes ripe regardless of whether a response, reply, or sur-reply has been filed.

Summary: Opposed motions require response within 21 days, reply within 10 days after response; sur-replies allowed per local rules, and court may rule when motion is ripe.

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Civil cases

Any party wishing to raise disputed discovery or other pretrial matters must arrange for a conference with the Court before filing any motion, brief, or accompanying material.

Summary: Pre-motion conference is required before filing motions or briefs related to disputed discovery or pretrial matters.

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Civil cases

If a party challenges another party’s Confidential Information designation, counsel must make a good-faith effort to resolve the dispute. If that is unsuccessful, the challenging party may seek resolution by the court.

Summary: Parties challenging Confidential Information designations must attempt good-faith dispute resolution before seeking court intervention.

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Any party wishing to raise disputed discovery or other pretrial matters must arrange for a conference with the court before filing any motion, briefs, or accompanying materials. The party must email or fax the case manager, Glenda Hassan, and opposing counsel to arrange for a pre-motion conference. The email address is Glenda_Hassan@txs.uscourts.gov; the fax number is (713) 250-5213; and the telephone number is (713) 250-5516. The court will promptly schedule the pre-motion conference, generally within a few days after the request is made. The court may order counsel, and counsel may ask, to participate by Zoom or by other virtual link or telephone. The party seeking the conference must submit a one-to-two page letter to the court with copies to all counsel and unrepresented parties, identifying the disputes and setting out the issues to be addressed. This is not a brief and may not set out case law or argument. Instead, the letter is an agenda for the pre-motion conference. Opposing parties must respond in similar fashion before the Conference, with the same limits. The letters must include a written statement that counsel have conferred in a good-faith effort to resolve the issues but are unable to reach an agreement, or state the reason that the parties could not confer. To the extent possible, the disputed issues will be resolved at the pre-motion conference, without the need for a formal motion or response. If the court cannot resolve all or part of the issues raised without a written submission and response, the issues to be addressed and a filing schedule will be set in the conference.

Summary: Pre-motion conference with court required before filing motions for disputed discovery or other pretrial matters, with 1-2 page agenda letter required.

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Any party wishing to make any discovery motions should arrange for a pre-motion conference with the court before the preparation and submission of any motion papers. That includes a motion to compel, to quash, or for protection.

Summary: Parties must arrange a pre-motion conference with the court before preparing or submitting discovery motions, including motions to compel, quash, or for protection.

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Therefore, counsel should set any Application to Employ for hearing and seek, if desired, expedited consideration.

Summary: Counsel should set Chapter 11 Applications to Employ for hearing and may seek expedited consideration.

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Debtors should always request emergency consideration of first day motions.

Summary: Debtors should request emergency consideration for first day motions in Chapter 11 cases.

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Civil cases

Follow Section 15 of the Court’s procedures.

Summary: Parties seeking discovery or scheduling motions must follow Section 15 of the Court’s procedures.

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Counsel who repeatedly fail to return phone calls relating to the conference requirement will be asked to explain this behavior to the Court. In extreme cases, sanctions may be imposed.

Summary: Counsel who repeatedly fail to return phone calls related to the conference requirement may face sanctions.

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When the dispute includes discovery of electronic data, each party must have available at any conference a person with detailed knowledge of the computers and electronic databases in issue.

Summary: Parties must have a person with detailed electronic data knowledge available at conferences on electronic discovery disputes.

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Make a serious attempt to resolve all discovery and scheduling disputes without intervention by the Court. This includes disputes to compel or quash any discovery or for protection. Be pragmatic. Seek reasonable compromise. The Court may shift costs or order other relief against a party or counsel acting unreasonably or in bad faith.

Summary: Parties must attempt to resolve discovery and scheduling disputes without court intervention; bad faith may result in cost shifting.

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Civil cases

If no hearing is necessary, the Court will rule on the Motion for Default Judgment no sooner than twenty-one (21) days after the filing of the motion.

Summary: Court will rule on default judgment motions with no hearing no sooner than 21 days after filing.

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The Court may dispose of the dispute on the letters. When determined advisable, the Court may schedule a telephonic or video conference as soon as practicable. The Court will dispose of disputes at the conference to the extent possible and establish the issues and briefing schedule of any written motion allowed.

Summary: Court may resolve discovery/scheduling disputes via letters or telephonic/video conference, and set briefing schedule if motion is allowed.

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Submission date and briefing deadline in criminal cases. The Court proceeds according to CrLR12 and Rule 12 of the Federal Rules of Criminal Procedure.

Summary: Criminal motion briefing deadlines follow CrLR12 and Rule 12 of the Federal Rules of Criminal Procedure.

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Criminal cases

Required

Always ?

All pending motions will be considered at the Final Pretrial Conference.

Summary: All pending motions are considered at the Final Pretrial Conference.

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Separate requests for oral argument on motions are not necessary. The Case Manager will notify counsel if the Court determines that oral argument would be beneficial.

Summary: Separate requests for oral argument on motions are not required; the Court will notify counsel if oral argument is warranted.

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Civil cases

Because most motions will be ruled on without an oral hearing, focused and clear motion papers are very important. Requests for oral argument on motions are not necessary. The Case Manager will notify counsel should the Court determine that oral argument would be beneficial.

Summary: Oral argument is not required for motions; the Case Manager will notify counsel if oral argument is deemed beneficial.

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Requests for oral argument on motions are not necessary. The Case Manager will notify counsel should the Court determine that oral argument would be beneficial.

Summary: Oral argument requests are not required; the Court will notify counsel if oral argument is deemed beneficial.

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Requests for oral argument on motions are not necessary. The Case Manager will notify counsel should the Court determine that oral argument would be beneficial.

Summary: Oral argument requests are not required; the Court will notify counsel via the Case Manager if oral argument is deemed beneficial.

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Civil cases

Because most motions will be ruled on without an oral hearing, focused and clear motion papers are very important. Requests for oral argument on motions are not necessary. The Case Manager will notify counsel should the Court determine that oral argument would be beneficial.

Summary: Oral argument requests for motions are not required; Case Manager will notify counsel if Court determines oral argument is beneficial.

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An initiating letter is not required to seek discovery relief against a nonparty.

Summary: Initiating letter not required for discovery relief motions against nonparties.

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Civil cases

Final Pretrial Conference. All pending motions may be ruled on at the Final Pretrial Conference.

Summary: All pending motions may be ruled on during the Final Pretrial Conference.

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Civil cases

If counsel cannot agree on the attorney ad litem, each counsel will submit the names of three proposed attorneys, and the Court may appoint one, or one of its own choosing.

Summary: If counsel cannot agree on attorney ad litem for minor, each submits three names; Court appoints one.

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Civil cases

The Court’s standard practice is to rule on opposed motions by submission only.

Summary: The Court typically rules on opposed motions by submission only, without oral argument.

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Civil cases

Requests for oral argument are unnecessary. The Case Manager will notify counsel should the Court determine that a motion hearing would be beneficial.

Summary: Oral argument requests are not required; the Court will notify counsel if a motion hearing is deemed beneficial.

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Civil cases

All ripe motions will be addressed at the next status conference unless counsel is notified to the contrary.

Summary: All ripe motions will be addressed at the next scheduled status conference unless counsel receives contrary notice.

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Civil cases

If motions are decided without a hearing or taken under advisement, the Court will make a timely ruling, and counsel will be furnished with copies of orders.

Summary: The Court will issue timely rulings and provide order copies for motions decided without a hearing or taken under advisement.

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Required

Always ?

The court follows the written motion practice described in the Local Rules. Since most motions will be ruled on without an oral hearing, concise, clear motions and briefs are very important. The motion will be considered by the court after the submission date.

Summary: Court follows Local Rules written motion practice; most motions are decided without oral hearing and are considered after the submission date.

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Requests for oral argument on motions are not necessary. The court will notify counsel if the court determines that oral argument would be beneficial. Counsel should be prepared at all conferences, hearings, and docket call to respond to questions from the court about all pending motions.

Summary: Oral argument requests are not required; court will notify counsel if oral argument is beneficial. Counsel must be prepared to discuss pending motions at all conferences, hearings, and docket calls.

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Disputes with nonparties. An initiating letter is not required to seek discovery relief against a nonparty.

Summary: Initiating letter not required for discovery relief against nonparties.

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Submission date and briefing deadline in criminal cases. The Court proceeds according to CrLR12 and Rule 12 of the Federal Rules of Criminal Procedure.

Summary: Criminal case motion briefing follows CrLR12 and Federal Rule of Criminal Procedure 12.

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rule on a motion before the deadline for a response has expired.

Summary: The Court may rule on a motion before the response filing deadline expires.