judge console · N.D. Tex.
N.D. Tex. · Judge Cummings · Practice Guide

Hon. Sam R. Cummings

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

Before You File
Contacting chambers
👤 Judge Cummings — standing order

All pretrial inquiries and procedural questions that cannot be answered by rules or specific orders should be directed to the Judicial Assistant, at 806-472-1922. The judge does not permit his law clerks to take telephone calls from lawyers or litigants.

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

Unless another local civil rule provides otherwise, a brief must not exceed 25 pages (excluding the table of contents and table of authorities). A reply brief must not exceed 10 pages. Permission to file a brief in excess of these page limitations will be granted by the presiding judge only for extraordinary and compelling reasons. N.D. Tex. LR 7.2(c) ↗

Opposition

Unless another local civil rule provides otherwise, a brief must not exceed 25 pages (excluding the table of contents and table of authorities). Responses to motions follow the standard brief length — 25 pages maximum. N.D. Tex. LR 7.2(c) ↗

Reply

A reply brief must not exceed 10 pages. N.D. Tex. LR 7.2(c) ↗

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

A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed. Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a reply brief within 14 days from the date the response is filed. N.D. Tex. LR 7.1(e)–(f) ↗

Hearing days

Submission model — no motion day scheduled. Unless otherwise directed by the presiding judge, oral argument on a motion will not be held. N.D. Tex. LR 7.1(g) ↗

Chambers / courtesy copies
👤 Judge Cummings — standing order
Required?

Yes

Proposed orders
🏛 N.D. Tex. local rule

Except for an opposed motion that is submitted on paper, each motion must be accompanied by a proposed order that is set forth separately. N.D. Tex. LR 7.1(c) ↗

👤 Judge Cummings — standing order

The Court will not consider proposed agreed orders submitted without the filing of an underlying motion. The Court does not require that proposed agreed orders be signed by the attorneys or parties but instead relies on the attorney's representation in the certificate of conference of the unopposed motion.

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

Unless otherwise directed by the presiding judge, oral argument on a motion will not be held. N.D. Tex. LR 7.1(g) ↗

👤 Judge Cummings — standing order
Default practice

Motions are decided on briefs without hearing, unless ordered by the Court.

Continuances & calendar conflicts
👤 Judge Cummings — standing order

Motions for continuance are rarely granted.

Discovery
Discovery referral procedure
🏛 N.D. Tex. local rule

Discovery disputes referred to assigned magistrate judge per FRCP 72 and 28 U.S.C. § 636. Objections to nondispositive magistrate orders must be accompanied by a brief complying with LR 7.2; response brief due within 21 days from the date objections are filed. N.D. Tex. LR 72.1–72.2 ↗

Know Before You Go
👤 Judge Cummings — deviations that burn people
  • No briefing orders will be entered. The Court will entertain only motions and responses but no replies unless otherwise ordered.
  • The Court does not recognize vacation letters. Counsel must advise the Court of any conflicts by filing motions for extension or continuance.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment