Motion Practice
S.D. Tex. — SDTX uses written-motion practice with no automatic oral hearings. Motions submitted to the judge 21 days after filing — no clerk notice, no appearance.
SDTX uses written-motion practice with no automatic oral hearings. Motions submitted to the judge 21 days after filing — no clerk notice, no appearance. Both sides must submit proposed orders (movant: granting; respondent: denying). Certificate of conference required except for motions under Fed. R. Civ. P. 12(b), (c), (e) or (f) and 56. Failure to respond = no opposition. LR 7.1-7.8.
Motion Docket Date
- Motion filed → clock starts
- Day 21 → submitted to the judge. No clerk notice. No appearance.
- Court rules on papers at its discretion.
Oral Argument (LR 7.5)
Not presumed. Request in motion or response. If granted, clerk notifies.
Opposed Motion Requirements (LR 7.1)
A. Written
B. Include or accompany with legal authority
C. Separate proposed order GRANTING relief
D. Certificate of conference (Exception: motions under Fed. R. Civ. P. 12(b), (c), (e) or (f) and 56)
Responses & Replies (LR 7.4)
| Item | Requirement |
|---|---|
| Failure to respond | No opposition |
| Response deadline | By submission day (day 21) |
| Response format | Written + authority + proposed order DENYING relief |
| Reply | Unless otherwise directed by the presiding judge, may be filed within 7 days from date response filed |
Both sides submit proposed orders.
Unopposed Motions (LR 7.2)
Must bear "unopposed" in caption. Considered ASAP — no 21-day wait.
Consolidation (LR 7.6)
File in oldest case only. Judge of oldest case hears it.