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Motion Practice

Civil motions are to be noticed for Tuesday or Wednesday at 9:30 a.m. Criminal motions are to be noticed for Tuesday or Wednesday at 11:00 a.m. Chambers will contact the attorneys if an appearance is not necessary.  If you do not hear from chambers, assume the motion will be heard even if agreed.

 

All motions must be filed no later than the third business day preceding the day the motion is to be heard (filed by Thursday for Tuesday’s call; filed by Friday  for Wednesday’s call).

 

Courtesy copies of motions to be delivered to Judge Cox’s Courtroom Deputy, Room 1024.

 

Joint, uncontested, and agreed motions should be so identified in the title and body of the motion.  Counsel shall immediately notify the Courtroom Deputy if he/she is withdrawing a previously filed motion.

 

The meet and confer requirement can have the same salutary effect on other disputes that it has in connection with discovery disputes.  A candid discussion between the parties prior to filing motions to dismiss, motions for summary judgment, motions in limine and the like can limit the scope of such motions or eliminate the need for them to be filed at all.

 

Thus, the Court will apply the meet and confer requirement not just to discovery motions, but to all motions that a party wishes to file.  The comments above concerning what must be done to comply with the meet and confer requirement will be applied with equal force, and in the same way, with respect to all other motions.

 

In particular, with respect to any motions for summary judgment, the Court requires the moving party to advise the opposing party in a short letter (e.g., 2-3 pages) of the basis for the motion (including relevant legal authority).  Do not file the letter with the Court.  The Court requires the moving party and the opposing party to meet and confer, during which time the opposing party should advise the moving party of factual matter or legal authority that it believes would defeat the motion.  After this consultation, if the movant still wishes to file the motion, the movant should do so and the Court will address it.  Any motion must state with specificity what the parties did to comply with the meet and confer requirement.

 

 

 

 

 

 

 

 

 

 

 

 

 


Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it intended to endorse any view expressed nor reflect its importance by inclusion in this site.
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