Category: Northern District Practice Tips
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When Must I Meet and Confer with Opposing Counsel Before Filing My Motion?
“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…
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What Time Must a Document be Electronically Filed By?
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.
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Can My Filing Contain More than One Pleading, Motion or other Paper?
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.
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What Do I Do in an Emergency if I Can’t File a Document Electronically Using the Court’s ECF System?
The Northern District has detailed instructions for how to handle emergencies. Such instructions are located here.
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Is it True that there is a Judge in the Northern District of Texas that Does Not Allow Electronic Filing?
Yes, Judge McBryde does not allow electronic filing.
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How Long Do I Have to Register as an ECF User Once I Enter an Appearance?
Generally, 14 days: “Unless excused for cause, an attorney—other than a prisoner pro se party— must register as an ECF user within 14 days of the date the attorney appears in a case, following the registration procedures set forth in the ECF Administrative Procedures Manual.” See L.R. 5.1(f).
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Is Electronic Filing Required?
Generally, yes: “Unless the presiding judge otherwise directs, an attorney—other than a prisoner pro se party—must file any pleading (except a complaint), motion, or other paper by electronic means, subject to the restrictions and requirements of the ECF Administrative Procedures Manual. A party may, for cause, move to be excused from the requirement of electronic…
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Do I Have To Serve Filings on Opposing Counsel?
Not if you use the Court’s ECF system and opposing counsel is a registered user of ECF: “Delivery of the notice of electronic filing that is automatically generated by ECF constitutes service under Fed. R. Civ. P. 5(b)(2)(E) on each party who is a registered user of ECF.” See L.R. 5.1(d).
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Judge Lindsay Warns Litigants to Cite Binding Precedent
On November 16, 2010, Judge Lindsay issued an opinion in Federal National Mortgage Association v. Elliot (pdf copy of opinion here). The opinion concerned plaintiff’s motion to remand to state court. None of the defendants filed a response. Finding that the Court lacked subject matter jurisdiction, Judge Lindsay remanded the case to state court. In…