Northern District of Texas Blog

Only if directed by the presiding judge:  “Unless otherwise directed by the presiding judge, oral argument on a motion will not be held.”  See L.R. 7.1(g).

14 days from the date the response is filed:  “Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a reply brief within 14 days from the date the response is filed.”  See L.R. 7.1(f).

21 days from the date the motion was filed:  “A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed.”  See L.R. 7.1(e).

Generally yes, if it is opposed:  “An opposed motion must be accompanied by a brief that sets forth the moving party’s contentions of fact and/or law, and argument and authorities, unless [the opposed motion is one to amend, for a continuance, to extend time, or to substitute counsel].  A response to an opposed motion must be accompanied by a brief that sets forth the responding party’s contentions of fact and/or law, and argument and authorities.  A responding party is not required to file a brief in opposition to a motion for which a brief is not required[.]”  See L.R. 7.1(d).

“Except for an opposed motion that is submitted on paper, each motion must be accompanied by a proposed order that is set forth separately.  An agreed proposed order must be signed by the attorneys or parties.”  See L.R. 7.1(c).

Motions to dismiss, motions for judgment as a matter of law, motions for judgment on the pleadings, motions for a new trial, and motions for summary judgment.  See L.R. 7.1(h).

If a conference is required in connection with a motion, a certificate of conference must be included.  The certificate of conference must (i) indicate that the motion is unopposed or opposed; (ii) if the motion is opposed, the certificate must state that a conference was held, indicate the date of conference and the identities of the attorneys conferring, and explain why agreement could not be reached; and (iii) if a conference was not held, the certificate must explain why it was not possible to confer, in which event the motion will be presumed to be opposed.  See L.R. 7.1(b).

“Before filing a motion, an attorney for the moving party must confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed.  Conferences are not required for motions to dismiss, motions for judgment on the pleadings, motions for summary judgment, motions for new trial, or when a conference is not possible.”  See L.R. 7.1(a).

Midnight central time:  “A pleading, motion, or other paper that is filed by electronic means before midnight central time of any day will be deemed filed on that day.”  See L.R. 6.1.

Generally, yes:  “With the exception of a proposed order or judgment, any document may contain more than one pleading, motion, or other paper.  Any such document must clearly identify each included pleading, motion, or other paper in its title.”  See L.R. 5.1(c). Another exception is summary judgment motions and responses.