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S.D. Tex. · Judge Hanks · Practice Guide

Hon. George C. Hanks, Jr

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

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

Silent on district-wide page limits for motions. S.D. Tex. LR 7 (silent) ↗

Opposition

Silent on district-wide page limits for opposition briefs. S.D. Tex. LR 7.4 (silent) ↗

Reply

Silent on district-wide page limits for reply briefs. S.D. Tex. LR 7.4.E (silent) ↗

👤 Judge Hanks — standing order
Motion

Without leave of Court, any motion, brief, or memorandum shall be limited to 25 pages, 13-point type-font, double-spaced, with 1" margins.

Opposition

Without leave of Court, any motion, brief, or memorandum shall be limited to 25 pages, 13-point type-font, double-spaced, with 1" margins.

Reply

Movant may file a reply within seven calendar days after the non-movant's response. No further briefing, including supplements and sur-replies, should be filed without leave of Court.

Font & formatting
👤 Judge Hanks — standing order

Without leave of Court, any motion, brief, or memorandum shall be limited to 25 pages, 13-point type-font, double-spaced, with 1" margins.

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

Opposed motions will be submitted to the judge 21 days from filing without notice from the clerk and without appearance by counsel. S.D. Tex. LR 7.3 ↗

Hearing days

B. By Order When oral presentation is required by the Court, counsel will be notified by the clerk of a date for oral presentation irrespective of any submission day. S.D. Tex. LR 7.5.B ↗

Proposed orders
🏛 S.D. Tex. local rule

Opposed motions shall: A. Be in writing; B. Include or be accompanied by authority; C. Be accompanied by a separate proposed order granting the relief requested and setting forth information sufficient to communicate the nature of the relief granted; S.D. Tex. LR 7.1.C ↗

👤 Judge Hanks — standing order

All motions except motions pursuant to Federal Rules of Civil Procedure 56 must be accompanied by a separate proposed order. Do not submit a proposed order that contains a bare signature block. Instead, include a few lines of substantive text above the page containing the signature block.

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

A. By Request If a party views oral argument as helpful to the Court, the motion or response may include a request for it. If it is granted, the parties will be notified by the clerk. S.D. Tex. LR 7.5.A ↗

Discovery
Discovery dispute procedure
👤 Judge Hanks — standing order

Discovery and Scheduling Disputes: Most discovery and scheduling disputes can and should be resolved by counsel without the intervention of the Court. Compromise is encouraged. 1. Counsel are responsible for conferring in good faith to resolve discovery and scheduling disputes. If counsel for the parties are unable to reach an agreement, a conference with the Court must be sought by a joint letter filed with the Court. The parties should file a joint letter that does not exceed 2 pages, outlining the issues. The letter MUST specify the date, time and place of the parties' prior out-of-court discovery or scheduling discussion(s), the results of the discussions, and the names of all counsel or pro se parties participating therein. If counsel has been unable to confer because of the unavailability or unwillingness of certain counsel or pro se parties to do so, the statement shall recite the facts concerning attempts to confer.

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

In all cases except habeas corpus/prisoner petitions and Social Security and Bankruptcy appeals, a pre-motion conference must be requested before filing: i. Any motion pursuant to Fed. R. Civ. P. 12; ii. Any motion for a change of venue; iii. Any motion to remand; or iv. Any motion to amend a pleading pursuant to FED. R. CIV. P. 15 where leave of court is required. ... To request a pre-motion conference, a party shall file and serve a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion, and affirming that they have conferred with all parties regarding the relief to be requested. Source ↗

content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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