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

Hon. Brian McKay

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

Before You File
Contacting chambers
👤 Judge McKay — standing order

Attorneys and parties are strongly discouraged from contacting chambers other than through court filings and should not contact staff to ask questions that are answered by the rules or court orders. Case information can be obtained from the clerk's office by calling the ECF Help Desk at (214)753-2633. Angelica Aguilar, Courtroom Deputy Clerk, may be contacted at (214)753-2183 only when necessary to alert the court to a matter than genuinely needs urgent attention.

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 McKay — standing order
Standing order

Judge McKay does not require paper copies of electronically-filed documents.

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 McKay — standing order

Movants should submit proposed orders via the Court's Electronic Case Filing system. When a party presents an agreed proposed order, the party must send a Word version of the proposed order to mckay_orders@txnd.uscourts.gov.

Filing under seal
👤 Judge McKay — standing order

Parties must not unreasonably file pleadings, motions, or other papers under seal. Rather, the parties must attempt to file unsealed as much of a pleading, motion, or other paper as they reasonably can without undermining the protections conferred by any applicable protective order. Private or sensitive information, including social-security numbers, taxpayer-identification numbers, financial-account numbers, minors' names, and dates of birth, should be redacted from any document filed with the Court.

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 McKay — standing order
Default practice

Judge McKay generally rules based on the written briefs, see Local Civil Rule 7.1(g), but may hold oral argument sua sponte or on a party's request. With respect to oral argument, Judge McKay strongly encourages litigants to be mindful of opportunities for junior lawyers to conduct hearings or oral argument, particularly where the junior lawyer drafted or contributed heavily to the motion at issue. When a party requesting oral argument requests a hearing and represents that the hearing will be primarily handled by a junior lawyer, Judge McKay will weigh that in favor of holding a hearing, although that does not guarantee that a hearing will be held.

More from Judge McKay’s procedures
👤 Judge McKay — standing order
Pre motion procedure

Before filing a non-dispositive motion, the moving party's counsel, or an unrepresented moving party, must meaningfully confer with the attorney for each party, or any unrepresented 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, or when a conference is not possible. Each motion for which a conference is required must include a certificate of conference that complies with Local Civil Rule 7.1(b). When a conference is not possible, the certificate must explain why a conference is not reasonably possible. Motions filed after a superficial attempt or no attempt to confer are subject to denial. Source ↗

Know Before You Go
👤 Judge McKay — deviations that burn people
  • Judge McKay strongly encourages litigants to be mindful of opportunities for junior lawyers to conduct hearings or oral argument, particularly where the junior lawyer drafted or contributed heavily to the motion at issue. When a party requesting oral argument requests a hearing and represents that the hearing will be primarily handled by a junior lawyer, Judge McKay will weigh that in favor of holding a hearing, although that does not guarantee that a hearing will be held.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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