Eastern District of Texas Local Rules and Judge Filing Requirements

Authentication objections must be made in writing within 3 business days after exhibit is made available; failure to object concedes authenticity.

Each relied-upon patent must be identified by number, country of origin, and issue date.

Demonstrative materials must be included in the exhibit list.

Joint pretrial order must include motions in limine, deposition designations, and proposed charge or findings; proposed trial exhibits must be exchanged by the same date.

Before the case management conference, counsel and unrepresented parties should review the most recent versions of the Federal Rules of Civil Procedure and the Local Rules for the Eastern District of Texas. The Local Rules are available on the Eastern District of Texas website (www.txed.uscourts.gov).

Each party shall use a different color highlighter (yellow and blue are recommended for the parties and green for overlapping designations).

Use hand sanitizer upon entering courthouse

Jurors and witnesses must dress appropriately for the courtroom with specific clothing restrictions.

Maintain appropriate distancing and follow staff instructions in the Courthouse.

Briefs must have individually numbered pages.

Questions about e-filing procedures, requirements, or attorney registration should be directed to the District Clerk's Office.

If you are an attorney scheduled to appear in court before a judge, please contact that judge’s Chambers directly by telephone, and if necessary, follow-up by email.

Contact Deputy Clerk's office at (409) 654-7000 for other courthouse matters

b. If you are an attorney scheduled to appear in court before a judge, please contact that judge s chambers directly by telephone, and if necessary, follow up by email;

Prohibits sending access requests to jurors' social media accounts

For non-jury trials, file specified documents electronically on CM/ECF and deliver two courtesy copies to chambers.

Two color courtesy copies of the joint pretrial order and attachments, bound in looseleaf three-ring notebooks with dividers, must be delivered to chambers on the day of filing.

In cases pending before the Honorable John D. Love, the parties are exempt from complying with Local Rule CV-5(a)(9), which requires the filing party to provide the presiding judge with paper copies of all electronically-filed documents over ten (10) pages in length, including attachments.

On the courtesy copy, parties are to provide only specific pages that pertain to the issues and the courtesy copy shall be placed in notebook binders for the Court's use.

Parties are exempt from providing paper courtesy copies for documents over 10 pages unless specifically requested by the judge.

Transcript redactions must follow Local Rule CV-5.2 timing requirements.

This balancing should include a “consideration of less drastic alternatives” to sealing entire documents. Binh Hoa Le, 990 F.3d at 420. For example, where the movant’s interests can be protected by redacting portions of a document, rather than sealing the entire document, courts generally favor redaction as a less drastic alternative.

Requests to seal or otherwise protect certain information of a confidential and/or proprietary nature from public disclosure during a hearing or trial should be made before the public disclosure of the information.

When a document is sought to be sealed only partially, the party must specify the extent of the sealing.

The above standing order makes clear that requests to seal or otherwise protect information from public disclosure during a hearing or trial should be made before the public disclosure of the information.

Deposition designations for non-live witnesses are due 4 weeks before docket call.

Discovery motions and responses are limited to 7 pages of briefing and 5 pages of attachments.

Discovery motions and responses limited to 7 pages; attachments limited to 5 pages; no further briefing without court order.

Opening/response briefs limited to 15 pages; reply briefs limited to 5 pages.

Judge Crone's courtroom limits spectators to 12, requires 6-foot distancing, and prohibits those under 18.

Response to motion for leave must be filed at least one week before Motions to Strike are due.

Objections to exhibits must be filed by the date in the scheduling order; otherwise exhibits are admitted.

A final revised exhibit list must be submitted to the court administrator prior to the final pretrial conference.

Joint report must be filed 14 days after the Rule 26(f) conference deadline.

If request granted, parties must provide technical advisor information no later than 100 days before Markman hearing.

Counsel must confer on deposition objections

Pre-filing conference required under Local Rule CV-7(h)/(i); additional lead attorney conference within 72 hours of hearing setting; lead attorney must attend hearing unless excused.

Parties must comply with Local Rule CV-7(h) and (i) conference requirements before filing any discovery motion.

Pretrial motions in criminal cases are referred to magistrate judges, except for specific motions.

Motions to compel discovery require good faith conference first.

(b) Counsel may, by motion, request that the deadline be extended for a defendant to answer the complaint or file a motion under FED. R. CIV. P. 12(b).

No additional extensions of time to answer will be granted after the 45-day deadline without a showing of good cause.

Rule 16 management conference set for 50 days after order, no continuances without good cause.

No further extensions beyond the 45-day total deadline unless good cause is shown.

Any person who has tested positive for COVID-19 within the prior five (5) days is prohibited from entering the Courthouse during the CDC recommended quarantine and isolation period.

Proposed findings of fact and conclusions of law must be filed electronically on CM/ECF.

For jury trials, the agreed charge must be filed electronically on CM/ECF.

Parties may file consent form by mail or electronically using the event 'Notice Regarding Consent to Proceed Before Magistrate Judge'.

Parties must electronically file the joint report of the Rule 26(f) conference.

The letter brief should be addressed to either United States District Judge Rodney Gilstrap or United States Magistrate Judge Roy S. Payne, as appropriate, and filed electronically by attaching the letter brief as an Exhibit to a Notice of Compliance referencing the order that directed the submission of the . letter brief.

Court draws no inference from party's decision not to have newer attorney argue.

The Court recognizes a growing trend in which fewer cases go to trial and there are generally fewer opportunities for attorneys to speak in court. This is especially true for newer attorneys, that is, attorneys practicing for less than seven years (Newer Attorney(s)). 1. If a party would like a Newer Attorney to argue a motion, after the briefing is ripe, the party should contact the law clerk to request oral argument and inform the clerk that a Newer Attorney will argue the motion or a portion of the motion. 2. If such a request is made, the Court will: a. Grant the request for oral argument, if it is at all practicable to do so. b. Permit sufficient additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing. c. Permit more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument.

A party challenging patent eligibility must serve its Eligibility Contentions on all parties within 45 days after receiving the specified infringement disclosures.

Early Rule 34 requests are not considered served until the Rule 26(f) conference occurs.

Counsel must assemble trial exhibits and make them available to opposing counsel on or before the date the joint pretrial order is due.

Court encourages consolidating courtesy copies into a single binder; additional binders permitted but not required.

Paper copies of electronically filed documents should not be provided unless specifically requested by the court.

Mock jury studies discouraged in the same division where case is pending.

Pursuant to 28 U.S.C. § 636(b)(1)(A), all pretrial motions in Sherman Division criminal cases assigned to United States District Judge Sean D. Jordan, with the exception of motions to suppress evidence, to dismiss or quash an indictment or information made by the defendant, to continue, to sever, and to transfer venue, are hereby REFERRED to United States Magistrate Judge Aileen Goldman Durrett or United States Magistrate Judge Bill Davis, as randomly assigned by the Clerk of Court, for consideration and hearing as deemed necessary, and a determination.