All local rules for N.D. Tex., integrated with this judge's published requirements.
In cases where local counsel is required by Judge Kinkeade, local counsel must sign all documents filed pursuant to Fed. R. Civ. P. 11, and also comply with Local Rule 83.10(b).
Judge Kinkeade allows attorneys to talk with his law clerks, judicial assistant, and courtroom deputy regarding procedural matters. Do not call Judge Kinkeade's staff to inquire about substantive aspects of a specific case or the status of a pending motion. Should the need arise, attorneys may request to speak with Judge Kinkeade, but only when at least one (1) attorney from each side is either present or on the phone. Judge Kinkeade will then determine whether a discussion is warranted.
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) ↗
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) ↗
A reply brief must not exceed 10 pages. N.D. Tex. LR 7.2(c) ↗
(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) ↗
Unless otherwise directed by the presiding judge, oral argument on a motion will not be held. N.D. Tex. LR 7.1(g) ↗
In civil cases, Judge Kinkeade requires parties to provide copies of all dispositive motions, responses, replies and appendices thereto, and any filing totaling more than 25 pages in length. These copies must be delivered to the Clerk's office within three (3) business days of the filing date. Copies must be printed on front side only, not front-back. Further, nothing may be printed in landscape format - - portrait format only. Failure to comply with this requirement may result in the party's document being unfiled by the Court. Furthermore, all hard copies must be properly bound either by sufficiently affixed staple, ACCO fastener, spiral binding, or, for a voluminous document, a 3-ring binder. Appendices and other documents fastened by paper clips, binder clips, rubber bands, or any other means are unacceptable. Exhibits must be tabbed, and the exhibits must be in portrait format, not landscape format.
These copies must be delivered to the Clerk's office within three (3) business days of the filing date. Copies must be printed on front side only, not front-back. Further, nothing may be printed in landscape format - - portrait format only. Failure to comply with this requirement may result in the party's document being unfiled by the Court. Furthermore, all hard copies must be properly bound either by sufficiently affixed staple, ACCO fastener, spiral binding, or, for a voluminous document, a 3-ring binder. Appendices and other documents fastened by paper clips, binder clips, rubber bands, or any other means are unacceptable. Exhibits must be tabbed, and the exhibits must be in portrait format, not landscape format.
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) ↗
Proposed orders are required to be submitted with EVERY motion. The proposed order must be emailed, in Word or WordPerfect format, to Kinkeade_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.
Unless otherwise directed by the presiding judge, oral argument on a motion will not be held. N.D. Tex. LR 7.1(g) ↗
Parties may file a written request for oral argument on any motion. Judge Kinkeade does not routinely conduct hearings on motions; however, he will address this on a case by case basis.
In civil cases, Judge Kinkeade rarely grants continuances. Any request that a trial date be modified must be made in writing to Judge Kinkeade and the moving party along with that party's counsel must sign the motion for continuance, as required by Local Rule 40.1. Continuances will not be granted absent extraordinary circumstances.
Although the parties may propose a deadline in their joint report to the Court, Judge Kinkeade will set the time for filing a motion for summary judgment in the scheduling order. This deadline will likely be at least 120 days before the trial setting, but no less than 90 days. Source ↗