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N.D. Tex. · Judge Fish · Practice Guide

Hon. A. Joe Fish

All local rules for N.D. Tex., integrated with this judge's published requirements.

Before You File
Contacting chambers
👤 Judge Fish — standing order

All calls come through the main number (214-753-2310). Procedural Information - An attorney may address a procedural question that cannot be answered by the federal rules of procedure, local rules, to chambers at 214-753-2310. Scheduling Information - An attorney may direct questions regarding cases to chambers at 214-753-2310. Status of Motion/Proposed Order - Call chambers at 214-753-2310.

Drafting the Motion
Length limits — motion, opposition, reply
🏛 N.D. Tex. local rule
Motion

Unless another local civil rule provides otherwise, a brief must not exceed 25 pages (excluding the table of contents and table of authorities). A reply brief must not exceed 10 pages. Permission to file a brief in excess of these page limitations will be granted by the presiding judge only for extraordinary and compelling reasons. N.D. Tex. LR 7.2(c) ↗

Opposition

Unless another local civil rule provides otherwise, a brief must not exceed 25 pages (excluding the table of contents and table of authorities). N.D. Tex. LR 7.2(c) ↗

Reply

A reply brief must not exceed 10 pages. N.D. Tex. LR 7.2(c) ↗

Filing & Scheduling
Briefing schedule & hearing date
🏛 N.D. Tex. local rule
Notice period

(e) Time for Response and Brief. A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed. (f) Time for Reply Briefs. 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. N.D. Tex. LR 7.1(e)–(f) ↗

Hearing days

Unless otherwise directed by the presiding judge, oral argument on a motion will not be held. N.D. Tex. LR 7.1(g) ↗

Chambers / courtesy copies
👤 Judge Fish — standing order
Standing order

Effective 3/23/2020 -- Judge Fish has temporarily suspended the requirement for a judge's copy of a document electronically filed. A judge's copy of a document electronically filed is not required.

Proposed orders
🏛 N.D. Tex. local rule

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. N.D. Tex. LR 7.1(c) ↗

👤 Judge Fish — standing order

Proposed orders are required to be submitted with EVERY motion. The proposed order must be emailed, in Word or WordPerfect format, to Fish_Orders@txnd.uscourts.gov. The email must include the case number and the document number of the referenced motion in the subject line and opposing counsel must be copied.

The Hearing
Oral argument
🏛 N.D. Tex. local rule

Unless otherwise directed by the presiding judge, oral argument on a motion will not be held. N.D. Tex. LR 7.1(g) ↗

👤 Judge Fish — standing order
Default practice

The judge rarely grants oral argument on a motion.

Continuances & calendar conflicts
👤 Judge Fish — standing order

Any request that a trial date be modified must be made in writing to the judge before the deadline for completion of discovery.

More from Judge Fish’s procedures
👤 Judge Fish — standing order
Summary judgment procedure

The judge typically requires that all dispositive motions be filed at least 100 days before the date set for trial. Source ↗

Know Before You Go
👤 Judge Fish — deviations that burn people
  • Do not combine a motion to dismiss and an answer in one document.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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