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

Hon. Terry R. Means

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

Before You File
Contacting chambers
👤 Judge Means — standing order

All ECF questions should be directed to the Fort Worth ECF Help Desk at 817-850-6733 or to the Dallas ECF Help Desk at 214-753-2633. All case-inquiry phone calls are referred to Judge Means's judicial assistant/courtroom deputy, Michelle Moon, at 817-850-6670. Telephone calls directly to the Court's law clerks are not permitted. Many of the questions that the judge's staff receives from lawyers and litigants are answered by the federal rules of civil procedure, the local civil rules, the judge specific requirements, or the judge's scheduling orders. It is the judge's desire that callers receive prompt, courteous, and accurate responses to their questions. To achieve this level of service, it is necessary that callers avoid contacting the staff to ask questions that are answered by the rules and the court's orders.

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 Means — standing order
Standing order

Local civil rule 5.1(b) and the ECF Administrative Procedures Manual require that a paper copy of any electronically-filed document be submitted to the judge. Judge Means requires that the paper copy arrive at his chambers by mail or personal delivery within three working days of the electronic filing. The electronically-filed document may be unfiled if the judge's paper copy does not arrive timely.

Details

The paper copy must have the notice of electronic filing stapled in the upper left-hand corner of the first page of the document to which it pertains. The document must be bound as follows: (1) if 50 pages or fewer, by a staple in the upper left-hand corner; (2) if more than 50 but not more than 150 pages, two-hole punched at the top and placed under an Acco-type fastener; or (3) if more than 150 pages, three-hole punched on the left side and placed in a 3-ring binder (to contain no more than approximately 300 pages).

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 Means — standing order

All motions require a proposed order that must be emailed to Means_orders@txnd.uscourts.gov and must be in Word or WordPerfect format.

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 Means — standing order
Default practice

Hearings on motions are set by the Court only when the Court determines that a hearing is necessary. Parties must submit in the motion, the response, and the reply all information necessary for a ruling.

Continuances & calendar conflicts
👤 Judge Means — standing order

See LR 40.1; absent exceptional circumstances, continuances in civil cases are not granted since the trial month is agreed to by counsel for the parties and the Court at the trial-setting conference.

More from Judge Means’s procedures
👤 Judge Means — standing order
Citation preference

If citations to non-published cases are included in a brief, the proponent of the brief must attach a copy of the non-published case in the appendix. Westlaw citations are preferred over Lexis. Source ↗

Summary judgment procedure

Content of Motions. Regarding summary-judgment motions, the parties shall proceed as though local civil rules 56.3(b) and 56.4(b) contain the word "must" instead of the word "may" in their first lines. That is, all matters required by local civil rules 56.3(a) and 56.4(a) must be set forth in the party's brief; Identifying Live Pleadings. The party moving for summary judgment must identify, in a separate section at the beginning of his brief, by name of pleading, date filed, and document number on the Court's docket, the live pleadings for each party who has appeared in the action. Any party filing a response to the motion shall indicate whether he agrees with the movant's identification of the live pleadings and, if not, why not; and Source ↗

Know Before You Go
👤 Judge Means — deviations that burn people
  • Highlighting of Appendices. Regarding the documentary evidence submitted in an appendix, Judge Means requires that, if the appendix is electronically filed, the proponent of the appendix underline (or, as to large passages, bracket in the margin) the portions of the appendix upon which he relies. Similarly, if the appendix is manually filed, the portion of each page of the appendix upon which the proponent relies must be highlighted, underlined (or, for large passages, bracketed in the margins).
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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