Eastern District of Texas Filing Timing and Cure Windows

CRITICAL

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

The court will admit into evidence all exhibits listed in the final pretrial order unless opposing counsel files written objections with authorities by the date set forth in the scheduling order.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

Parties must contact the Deputy Clerk in advance of the venire panel being summoned to allow time for printing and inclusion in summons mailing; failure forfeits the opportunity.

Parties desiring to avail themselves of the benefits of using a juror questionnaire shall contact the Deputy Clerk in Charge for the Division where the case is pending in advance of the venire panel being summoned and in time to allow the Deputy Clerk in Charge for such Division to print and include such questionnaires in the mailing of summons for jury service. Failure to fully accommodate the deadlines and directives of the Deputy Clerk in Charge shall forfeit any party’s opportunity to employ a juror questionnaire.

CRITICALCivil cases

Clerk will reject pre-Markman § 101 motions that do not comply with the certification process.

The clerk shall reject the filing of such pre-Markman motions when this certification process has not been met.

CRITICALCivil cases

Notice of readiness must be filed within five days of last defendant's answer or motion.

The notice shall be filed within five days of the last remaining Defendant’s answer or motion.

CRITICALCivil cases

Notice of readiness must be filed within five days of the last defendant's answer or motion.

The notice shall be filed within five days of the last remaining Defendant’s answer or motion in the case.

WARNING

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

shall submit to the court administrator prior to the final pretrial conference a final revised list of exhibits to be offered.

INFOCivil cases

The deadline to answer or respond is stayed while the application for extension is pending with the clerk.

the deadline to answer or otherwise respond is stayed pending action by the clerk.

CRITICAL

Responses to objections must be filed by the deadline; failure to respond creates a presumption that the objection will be sustained.

RESPONSES TO OBJECTIONS shall be filed by this date. A failure to file a response to an objection shall create a presumption in favor of the court’s sustaining the objection.

CRITICAL

No motions (except motions in limine) may be filed after the motion cut-off date without good cause.

MOTION CUT-OFF. Aside from motions in limine, no motion, including motions to exclude or limit expert testimony, shall be filed after this date except for good cause shown.

CRITICAL

Objections to exhibits, witnesses, and deposition designations, and responses to motions in limine must be filed by the objections deadline.

OBJECTIONS TO proposed exhibits, witnesses, and deposition designations, as well as responses to motions in limine, shall be filed by this date.

CRITICALCivil cases

Applies to

Closing papers

Closing papers must be filed within 30 days of settlement announcement.

Announcement of settlement must be followed by the closing papers within thirty (30) days.

CRITICAL

Deadline

10 calendar days

If the case is not otherwise disposed of, the commissioning party must notify all other parties and the court in writing that the study occurred at least 10 days before the pretrial conference.

If the case is not disposed of by settlement or otherwise, ===== PAGE 2 ===== the party or parties who commissioned the study shall advise all other parties to the case, as well as the court, in writing, that such a study occurred. Such notice shall be provided at least ten (10) days before the pre-trial conference.

CRITICALCivil cases

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

which is due at least one week before the Motions to Strike are due

CRITICALCivil cases

Deadline

48 hours

Limine stipulations must be filed at least 48 hours before the pretrial conference.

Without leave, any such limine stipulation must be filed not later than 48 hours prior to the beginning of the pre-trial conference.

CRITICALCivil cases

Unopposed motion for leave must be filed at least two weeks before Motions to Strike are due.

Any such motion is due at least two weeks before the Motions to Strike are due.

CRITICAL

In most cases the Court will not afford more than thirty. (30) days in which to submit dismissal papers but in exceptional cases the Court may grant a longer period for such submission.

In most cases the Court will not afford more than thirty. (30) days in which to submit dismissal papers but in exceptional cases the Court may grant a longer period for such submission.

CRITICALCivil cases

Deadline

48 hours

Joint report must be filed by earlier of 48 hours after meeting or 24 hours before hearing.

Such joint report shall be filed by the earlier of 48 hours following that meeting or 24 hours before said hearing.

CRITICALCivil cases

the requesting party may file a three (3) page motion with the Court at least two weeks before the Motions to Strike are due under the Docket Control Order

the requesting party may file a three (3) page motion with the Court at least two weeks before the Motions to Strike are due under the Docket Control Order

CRITICALCivil cases

Proposed questionnaires must be delivered by the date in the Docket Control Order, or at least 4 weeks before jury selection if not specified.

Proposed juror questionnaires shall be delivered to the Deputy Clerk in Charge at the time and date as provided in the then-operative Docket Control Order in each case. Should any Docket Control Order not otherwise specify a date by which a questionnaire is to be submitted, then such questionnaire shall be delivered to the Deputy Clerk in Charge at least four weeks prior to jury selection.

CRITICAL

Objections to exhibits, witnesses, deposition excerpts, and responses to motions in limine must be filed by the deadline in the scheduling order.

The court will admit all exhibits listed in the joint pretrial order into evidence at the final pretrial conference unless opposing counsel files written objections supported by authority within the deadline provided in the scheduling order. Objections and responses to objections to proposed exhibits, witnesses, and deposition excerpts, as well as responses to motions in limine, shall be filed by the date set forth in the scheduling order.

CRITICALCivil cases

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

Should Defendant’s request be granted, parties shall provide, no later than 100 days before the Markman hearing, the name, address, phone number, and curriculum vitae for up to three agreed technical advisors and information regarding the nominees’ availability for the Markman hearing or a statement that they could not reach an agreement as to any potential technical advisor.

CRITICALCivil cases

Letter brief must be submitted no later than 145 days before the Markman hearing.

The letter brief is due no later than 145 days before the Markman hearing.

CRITICALCivil cases

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

File joint report of attorney conference: 14 days after deadline for Rule 26(f) conference.

CRITICALCivil cases

Objections to expert witnesses must be filed within 7 weeks after the expert's disclosure; objections in limine after this deadline are not accepted.

7 weeks after disclosure of an expert is made Deadline to object to any other party's expert witnesses. ... The court will not accept objections to experts filed in any form—i.e., motions in limine—after this date.

WARNING

Only one summary judgment motion per party is allowed without leave of court.

Without leave of court, a party may file only one summary judgment motion.

WARNING

Deadline

3 business days

Counsel requiring authentication must notify offering counsel in writing within 3 business days after exhibit is made available.

Counsel requiring authentication of an exhibit must notify offering counsel in writing within three (3) business days after the exhibit is made available for examination. Failure to do so is an admission of authenticity.

WARNINGCivil cases

If a deadline falls on a weekend or federal holiday, the effective deadline is the next federal court business day.

If deadline falls on a Saturday, Sunday, or a legal holiday as defined in Federal Rule of Civil Procedure 6, the effective date is the first federal court business day following the deadline imposed.