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

Hon. Ed Kinkeade

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

Before You File
Contacting chambers
👤 Judge Kinkeade — standing order

Judge Kinkeade allows attorneys to talk with his law clerks, judicial assistant, and courtroom deputy regarding procedural matters. Do not call Judge Kinkeade's staff to inquire about substantive aspects of a specific case or the status of a pending motion. Should the need arise, attorneys may request to speak with Judge Kinkeade, but only when at least one (1) attorney from each side is either present or on the phone.

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 Kinkeade — standing order
Required?

Yes

Details

These copies must be delivered to the Clerk's office within three (3) business days of the filing date. Copies must be printed on front side only, not front-back. Further, nothing may be printed in landscape format - - portrait format only. Failure to comply with this requirement may result in the party's document being unfiled by the Court. Furthermore, all hard copies must be properly bound either by sufficiently affixed staple, ACCO fastener, spiral binding, or, for a voluminous document, a 3-ring binder. Appendices and other documents fastened by paper clips, binder clips, rubber bands, or any other means are unacceptable. Exhibits must be tabbed, and the exhibits must be in portrait format, not landscape format.

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 Kinkeade — standing order

Proposed orders are required to be submitted with EVERY motion. The proposed order must be emailed, in Word or WordPerfect format, to Kinkeade_Orders@txnd.uscourts.gov. The email must include the case number and the document number of the referenced motion in the subject line and opposing counsel must be copied.

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 Kinkeade — standing order
Default practice

Parties may file a written request for oral argument on any motion. Judge Kinkeade does not routinely conduct hearings on motions; however, he will address this on a case by case basis.

Continuances & calendar conflicts
👤 Judge Kinkeade — standing order

In civil cases, Judge Kinkeade rarely grants continuances. Any request that a trial date be modified must be made in writing to Judge Kinkeade and the moving party along with that party's counsel must sign the motion for continuance, as required by Local Rule 40.1. Continuances will not be granted absent extraordinary circumstances.

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 Kinkeade — deviations that burn people
  • Upon making an appearance in a case, Judge Kinkeade requires every attorney (not just lead attorneys) to provide their cell phone numbers where they can be reached at any time. This information is to be filed "Under Seal" entitled "Attorney Contact Information" with the Court within 24 hours of making an appearance.
  • In civil cases, Judge Kinkeade requires parties to provide copies of all dispositive motions, responses, replies and appendices thereto, and any filing totaling more than 25 pages in length. These copies must be delivered to the Clerk's office within three (3) business days of the filing date. Copies must be printed on front side only, not front-back. Further, nothing may be printed in landscape format - - portrait format only. Failure to comply with this requirement may result in the party's document being unfiled by the Court. Furthermore, all hard copies must be properly bound either by sufficiently affixed staple, ACCO fastener, spiral binding, or, for a voluminous document, a 3-ring binder. Appendices and other documents fastened by paper clips, binder clips, rubber bands, or any other means are unacceptable. Exhibits must be tabbed, and the exhibits must be in portrait format, not landscape format.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment