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

Hon. Drew B. Tipton

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 Tipton — standing order
Motion

Limit any motion or response to twenty-five pages. Limit any reply to ten pages.

Opposition

Limit any motion or response to twenty-five pages. Limit any reply to ten pages.

Reply

There is no right to file a reply. The Court may consider a reply if it is filed prior to the Court ruling on the motion. Any reply must be filed no later than seven days after the response is filed.

Font & formatting
👤 Judge Tipton — standing order

Style. Use American letter-size paper, a minimum 12-point font, and a minimum of 1-inch margins with 1/2-inch margins for footnotes, page numbers and any headers or footers. Double space except for lengthy quotations, headings, and footnotes.

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 Tipton — standing order

Use Form 5 to prepare draft proposed orders. Include a proposed order granting or denying the requested relief with all nondispositive motions and oppositions.

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 Tipton — standing order

Initiating letter required. Do not bring a motion on discovery or scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding approximately two single-spaced pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Specify the conference between lead counsel and summarize the results.

More from Judge Tipton’s procedures
👤 Judge Tipton — standing order
Argument counsel requirement

On any request for oral argument, the Court weighs in favor a representation that the party will entrust argument to a young lawyer who has substantially drafted or contributed to the motion or response. Source ↗

Pre motion procedure

Before filing a motion to dismiss for failure to state a claim or counterclaim under Rule 12(b)(6), or a motion for judgment on the pleadings on a claim or counterclaim under Rule 12(c), identify such issues to the opposing party and confer in good faith to resolve them. The Court will strike motions that do not include this in the certificate of conference. Source ↗

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