Northern District of Texas Blog

“Unless exempted by LR 83.11 [which deals with attorneys appearing on behalf of the United States Justice Department or the Attorney General of the State of Texas], local counsel is required in all cases where an attorney appearing in a case does not reside or maintain the attorney’s principal office in this district. ‘Local counsel’ means a member of the bar of this court who resides or maintains the attorney’s principal office in this district and whose residence or principal office is located within 50 miles of the courthouse in the division in which the case is pending. Attorneys desiring to proceed without local counsel must obtain leave from the presiding judge. If the request for leave is denied, written designation of local counsel must be filed within 14 days of the denial.” See L.R. 83.10(a).

“Unless the presiding judge otherwise directs, during a trial or hearing, attorneys must:  (a) stand when making objections or otherwise addressing the presiding judge; (b) use the lectern while examining or cross-examining witnesses; (c) when examining a witness, refrain from making statements, comments, or remarks before or after asking a question; (d) limit to one attorney for each party the examination or cross-examination of a witness; and (e) in making an objection, state plainly and briefly the grounds for objecting and not offer argument unless requested by the presiding judge.”  See L.R. 83.4.

Not without the presiding judge’s permission:  “A party, attorney, or representative of a party or attorney, shall not, before or after trial, contact any juror, prospective juror, or the relatives, friends, or associates of a juror or prospective juror, unless explicitly permitted to do so by the presiding judge.”  See L.R. 47.1.

It depends on your presiding judge’s requirements, which can be found here.

“Unless the presiding judge otherwise directs, all sealed documents maintained on paper will be deemed unsealed 60 days after final disposition of a case.  A party that desires that such a document remain sealed must move for this relief before the expiration of the 60-day period.  The clerk may store, transfer, or otherwise dispose of unsealed documents according to the procedure that governs publicly available court records.”  See L.R. 79.4.

“A party may file under seal any document that a statute or rule requires or permits to be so filed.”  “If no statute or rule requires or permits a document to be filed under seal, a party may file a document under seal only on motion and by permission of the presiding judge.”  “When a party files by electronic means a motion for leave to file a document under seal, the party may file the motion under seal and must attach the proposed sealed document as an exhibit.  If leave is granted, the party must file the document under seal by electronic means.”  See L.R. 79.3.  For instructions on filing a document under seal, click here.

Typically, one per party:  “Unless otherwise directed by the presiding judge, or permitted by law, a party may file no more than one motion for summary judgment.”  See L.R. 56.2(b).

A motion for summary judgment must, (i) on the first page, under the heading “summary,” contain a concise statement that identifies the elements of each claim or defense as to which summary judgment is sought, (ii) contain the legal and/or factual grounds on which the moving party relies, and (iii) if the motion is accompanied by an appendix, include citations to each page of the appendix that supports each assertion that the party makes concerning the summary judgment evidence.  A moving party may satisfy such requirements by stating in its motion that each of the required matters will be set forth in the party’s brief.  If a moving party seeks summary judgment on fewer than all claims or defenses, the motion must be styled as a motion for partial summary judgment.  A motion for summary judgment must not contain argument and authorities.  See L.R. 56.3.

A response to a motion for summary judgment must contain the legal and/or factual grounds on which the responding party relies in opposition to the motion.  A responding party may satisfy this requirement by stating in its response that each of the required matters will be set forth in the party’s brief.  A response to a motion for summary judgment must not contain argument and authorities.  See L.R. 56.4.

A summary judgment motion and a response must be accompanied by a brief that sets forth the argument and authorities on which the party relies in support of or opposition to a motion.  The brief must be filed as a separate document from the motion or response that it supports.  See L.R. 56.5(a).

Typically, 14 days after the clerk enters judgment:  “A party awarded costs by final judgment or by judgment that a presiding judge directs be entered as final under Fed. R. Civ. P. 54(b) must apply to the clerk for taxation of such costs by filing a bill of costs in a form approved by the clerk. Unless otherwise provided by statute or by order of the presiding judge, the bill of costs must be filed with the clerk and served on any party entitled to such service no later than 14 days after the clerk enters the judgment on the docket.”  See L.R. 54.1.

File a motion for continuance:  “A motion for continuance of a trial setting must be signed by the moving party as well as by the party’s attorney of record.  Unless the presiding judge orders otherwise, the granting of a motion for continuance will not extend or revive any deadline that has already expired in a case.”  See L.R. 40.1.