Midland County District Courts Pre-Motion Conference Requirements

CRITICAL

Before filing any motion, plea, application, request, objection, or special exception, filing counsel must schedule a conference to resolve the disputed matters.

Prior to filing any motion, plea, application, request, objection, or special exception (hereafter, "Pleading"), counsel for the filing party shall schedule a conference to resolve the disputed matters.

WARNING

In rare exigent circumstances when a conference is not practicable, counsel must explain the exigency, confer promptly after filing, and file an amended Certificate of Conference.

In the rare exigent circumstances in which the conference requirement is not practicable, counsel filing the Pleading shall (i) explain the exigency in the Certificate of Conference, (ii) confer as required by this Rule promptly after filing the Pleading, and (iii) file an amended Certificate of Conference accordingly.

WARNING

All media equipment and personnel must be in place before the proceeding begins.

All equipment and personnel shall be in place in advance of the proceeding.

INFO

The conference requirement does not apply to requests for ex parte relief.

a. Requests for Ex Parte Relief The conference requirement does not apply to requests for ex parte relief, which are governed by Rule 4.01.

INFO

The conference requirement does not apply to voluntary motions to dismiss, nonsuit, or abandon one or more claims.

b. Voluntary Dismissals and Abandonments The conference requirement does not apply to a party's motion to dismiss, nonsuit, or abandon one or more of that party's claims voluntarily.

INFO

The conference requirement does not apply to pleadings seeking mandatory relief, including certain motions to confer with children age twelve or older and jury demands.

c. Pleadings Regarding Which the Relief Is Mandatory The conference requirement does not apply to Pleadings in which the relief sought is mandatory (e.g., motions to confer with children twelve (12) years of age or older, jury demands).