Judge Dan MacLemore
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Upon request
Adjournments
- Extensions or continuances must be requested as soon as need is known, supported by good cause.
- After entry of a scheduling order, counsel must meet deadlines or seek timely relief supported by good cause, and should request extensions or continuances as soon as the need is known.
Request must include
Communication
Chambers, Clerk
Chambers
Phone
Chambers
Document Format Requirements7 rules
Proposed orders and discovery charts must be in Microsoft Word format and use the Court’s templates.
- Preferred format
- Word
- Proposed order
- Discovery chart
Court's wording
11. Document type when submitting proposed orders and discovery charts Parties are to provide proposed orders and discovery charts in Microsoft Word format via email or if preferred, parties may request for documents to be submitted through a secure link through the US Court’s box.com. To request a secure link, please the Court’s Law Clerks at TXWDml_NoJudge_Chambers_WA_JudgeMacLemore@txwd.uscourts.gov. Parties are to utilize the Proposed Scheduling Order Template and the Discovery Dispute Chart Template located under the “Courtroom Guidance” tab.
Parties are to provide proposed orders and discovery charts in Microsoft Word format via email or if preferred, parties may request for documents to be submitted through a secure link through the US Court’s box.com.
- Preferred format
- Word
The Court does not automatically impose any limit on the number of attorneys who may make arguments and question witnesses at trial for a single party; however, only one attorney may examine any given witness, including making objections on cross examination.
Only one attorney may handle any given argument, although different attorneys may handle the opening and closing statements.
Generally, counsel must question witnesses from the podium, but the Court will entertain well supported requests to do otherwise if made pre-trial.
If physically able, counsel must stand when addressing the court, making objections, or examining witnesses unless otherwise instructed.
Demonstratives generally may not be used during voir dire, but the Court will entertain limited exceptions to this general practice.
Document Filing Requirements16 rules
Motions to seal must include certification of meet and confer compliance.
- Document
- Motion to seal
Must include
- •Certificate of conference
Court's wording
All motions to seal information that has been designated as confidential, whether by a party or non- party to the action, must include language certifying that the meet and confer requirement has been met.
Proposed Findings of Fact and Conclusions of Law are required in non-jury trials.
Any exhibit which may be introduced at trial must be pre-marked at the final pre-trial conference.
If the parties settle their case, counsel shall promptly file a Notice of Settlement.
Stipulation of dismissal must be filed within 30 days of Notice of Settlement filing or before trial, whichever is sooner.
Court's wording
Additionally, the parties must submit a stipulation of dismissal or an agreed order of dismissal within 30 days of the date the Notice of Settlement was filed or before the trial date, whichever is sooner, unless that date is extended by the Court upon motion, or the Court directs otherwise.
All motions to seal information that has been designated as confidential, whether by a party or non- party to the action, must include language certifying that the meet and confer requirement has been met.
- Document
- Motion to seal
Must include
- •Certificate of conference
Proposed Findings of Fact and Conclusions of Law are required in non-jury trials.
Demonstrative exhibits used during trial must be approved by the Court prior to being displayed to the jury.
Any exhibit which may be introduced at trial must be pre-marked at the final pre-trial conference.
Must be timely submitted by written motion.
Counsel shall confer regarding the use of any demonstrative exhibits.
The Court may require briefs to be filed depending on the nature of the case and issues in dispute.
An exhibit should not be published to the jury without the Court’s permission.
Judge MacLemore holds hearings on most discovery matters. As for non-discovery motions, the Court will hold a hearing if a party requests it.
The email should indicate the parties’ attendance preference, the names of counsel appearing and whether confidential information will be shared so appropriate measures may be taken to seal the hearing.
- Document
- Attendance preference email
Should include
- •Attendance preference
Despite the parties’ request, a hearing will proceed as originally scheduled until there is a notice from the Court resetting it or an Order Resetting added to the docket.
Filing & Service rules
Filing Timing and Cure Windows
The parties must submit a dismissal stipulation or agreed dismissal order within 30 days after filing the Notice of Settlement or before trial, whichever is sooner, unless the Court extends the date on motion or directs otherwise.
Additionally, the parties must submit a stipulation of dismissal or an agreed order of dismissal within 30 days of the date the Notice of Settlement was filed or before the trial date, whichever is sooner, unless that date is extended by the Court upon motion, or the Court directs otherwise.
Civil cases
Page 4 | Notifying the Court of settlement
If the parties settle, counsel must promptly file a Notice of Settlement.
If the parties settle their case, counsel shall promptly file a Notice of Settlement.
Civil cases
Page 4 | Notifying the Court of settlement
Courtesy Copy Requirements
Courtesy copies are required only when requested by the Court.
12. Courtesy copies of motions, briefs, and other writings for chambers. Only if requested by the Court.
Civil cases
Page 2 | Courtesy copies of motions, briefs, and other writings for chambers.
Courtesy copies of motions, briefs, and other writings for chambers are required only when requested by the Court.
Only if requested by the Court.
Civil cases
Page 2 | Courtesy copies of motions, briefs, and other writings for chambers
Sealing & Redaction Procedures
Parties must meet and confer before filing a motion to seal; motion must certify compliance.
14. Requirement to confer before requesting sealing. The parties are required to meet and confer prior to filing a motion to seal documents. All motions to seal information that has been designated as confidential, whether by a party or non- party to the action, must include language certifying that the meet and confer requirement has been met.
Civil cases
Page 2 | Requirement to confer before requesting sealing.
Pre-Motion Conference Requirements
The parties must meet and confer before filing a motion to seal documents.
The parties are required to meet and confer prior to filing a motion to seal documents.
Civil cases
Page 2 | Requirement to confer before requesting sealing
Adjournment & Extension Requirements
Extensions or continuances must be requested as soon as need is known, supported by good cause.
4. Counsel input regarding the discovery period, extensions, trial date, etc. Counsel participate in preparing the case schedule. Once a scheduling order has been entered, counsel are expected to comply with the deadlines or seek timely relief therefrom supported by good cause. Any extension of any deadline and any continuance should be requested as soon as the need for that relief is known.
Civil cases
Page 1 | Counsel input regarding the discovery period, extensions, trial date, etc.
After entry of a scheduling order, counsel must meet deadlines or seek timely relief supported by good cause, and should request extensions or continuances as soon as the need is known.
Once a scheduling order has been entered, counsel are expected to comply with the deadlines or seek timely relief therefrom supported by good cause. Any extension of any deadline and any continuance should be requested as soon as the need for that relief is known.
Civil cases
Page 1 | Counsel input regarding the discovery period, extensions, trial date, etc.
Chambers Communication Rules
Written communication to the Court is allowed for routine matters, must copy all parties, and cannot address merits except for allowed discovery disputes.
1. Written communication from counsel to the Court. Accepted for routine matters such as scheduling, advising of settlement status, etc. with copy to counsel for all parties. No communication should address the merits of any matter, except for providing information pertaining to informal discovery disputes as expressly directed by the Court. Counsel for all parties should be copied.
Civil cases
Page 1 | Written communication from counsel to the Court.
If there is a time-sensitive matter related solely to scheduling, counsel may contact chambers by telephone with participation or express permission of counsel for all parties.
If there is a time-sensitive matter related solely to scheduling, counsel may contact chambers by telephone with participation or express permission of counsel for all parties.
Civil cases
Page 1 | Communication between counsel and the Judge’s law clerks.
7. Accommodations for out-of-town parties, attorneys, or witnesses. The Court will attempt to accommodate specific problems related to the appearance of out-of- town parties, attorneys, and witnesses. Counsel should alert the Court as soon as they become aware of any such issues by email to TXWDml_NoJudge_Chambers_WA_JudgeMacLemore@txwd.uscourts.gov with copy to all
7. Accommodations for out-of-town parties, attorneys, or witnesses. The Court will attempt to accommodate specific problems related to the appearance of out-of- town parties, attorneys, and witnesses. Counsel should alert the Court as soon as they become aware of any such issues by email to TXWDml_NoJudge_Chambers_WA_JudgeMacLemore@txwd.uscourts.gov with copy to all
Civil cases
Page 1 | Accommodations for out-of-town parties, attorneys, or witnesses.
Communication with law clerks is permitted via email; time-sensitive scheduling matters may use phone with all parties' permission.
2. Communication between counsel and the Judge’s law clerks. Permitted, as per above, via email to TXWDml_NoJudge_Chambers_WA_JudgeMacLemore@txwd.uscourts.gov. If there is a time-sensitive matter related solely to scheduling, counsel may contact chambers by telephone with participation or express permission of counsel for all parties.
Civil cases
Page 1 | Communication between counsel and the Judge’s law clerks.
Counsel must notify the courtroom deputy in advance when planning to use video deposition testimony or the Court’s evidence presentation equipment at trial.
Counsel must notify the courtroom deputy in advance if video deposition testimony will be utilized at trial or if counsel wishes to make use of the Court’s evidence presentation equipment.
Civil cases
Page 3 | Introducing video testimony and using courtroom technology
Counsel may email the Judge’s law clerks as described above; for a time-sensitive matter solely about scheduling, counsel may telephone chambers if all counsel participate or expressly permit it.
Permitted, as per above, via email to TXWDml_NoJudge_Chambers_WA_JudgeMacLemore@txwd.uscourts.gov. If there is a time-sensitive matter related solely to scheduling, counsel may contact chambers by telephone with participation or express permission of counsel for all parties.
Civil cases
Page 1 | Communication between counsel and the Judge’s law clerks
Routine written communications to the Court are accepted with copies to all counsel, but must not address the merits except for information about informal discovery disputes when expressly directed by the Court.
Accepted for routine matters such as scheduling, advising of settlement status, etc. with copy to counsel for all parties. No communication should address the merits of any matter, except for providing information pertaining to informal discovery disputes as expressly directed by the Court. Counsel for all parties should be copied.
Civil cases
Page 1 | Written communication from counsel to the Court
Counsel may telephone chambers about a time-sensitive matter solely related to scheduling if all counsel participate or expressly consent.
If there is a time-sensitive matter related solely to scheduling, counsel may contact chambers by telephone with participation or express permission of counsel for all parties.
Civil cases
Page 1 | Communication between counsel and the Judge’s law clerks
Counsel should promptly alert the Court by email about appearance issues involving out-of-town parties, attorneys, or witnesses, copying all counsel of record.
Counsel should alert the Court as soon as they become aware of any such issues by email to TXWDml_NoJudge_Chambers_WA_JudgeMacLemore@txwd.uscourts.gov with copy to all counsel of record.
Civil cases
Page 2 | Accommodations for out-of-town parties, attorneys, or witnesses
For hearing resets, parties should jointly email chambers with alternate dates/times.
If either party requires a reset of the hearing once it has been added to the docket, parties are encouraged to meet and confer and provide a joint updated request that includes several alternate dates and times by emailing the Court’s law clerks at TXWDml_NoJudge_Chambers_WA_JudgeMacLemore@txwd.uscourts.gov and Judge MacLemore’s Courtroom Deputy at Abigail_Ernstes@txwd.uscourts.gov in a timely manner.
Contact Courtroom Deputy for questions about setup, decorum, or procedures after Order Setting is docketed.
Once the Order Setting has been added to the docket, you may contact Judge MacLemore’s Courtroom Deputy for any questions regarding courtroom setup, courtroom decorum or procedures at Abigail_Ernstes@txwd.uscourts.gov.
Parties should jointly request attendance preference (in person, Zoom, or hybrid) via email to chambers.
Parties are encouraged to meet and confer and provide a joint request on attendance preference (in person, zoom or hybrid) by emailing the Court’s law clerks at TXWDml_NoJudge_Chambers_WA_JudgeMacLemore@txwd.uscourts.gov and copying all counsel of record in the case.
Parties may request a secure document submission link by emailing the Court’s law clerks.
To request a secure link, please the Court’s Law Clerks at TXWDml_NoJudge_Chambers_WA_JudgeMacLemore@txwd.uscourts.gov.
Civil cases
Page 2 | Document type when submitting proposed orders and discovery charts
Parties are encouraged to email hearing exhibits, demonstratives, or presentation slides to opposing counsel and the named court staff at least two hours before the hearing, unless the Court instructs otherwise.
Parties are encouraged to submit their exhibits, demonstratives, or presentation slides for hearings via email to opposing counsel and court staff at Abigail_Ernstes@txwd.uscourts.gov and TXWDml_NoJudge_Chambers_WA_JudgeMacLemore@txwd.uscourts.gov at least two hours before the hearing start time or as otherwise instructed by the Court.
Civil cases
Page 2 | Slides/demonstratives/presentations for hearings
To request a secure link for submitting documents through the Court’s Box.com, parties should contact the Court’s law clerks at the listed email address.
To request a secure link, please the Court’s Law Clerks at TXWDml_NoJudge_Chambers_WA_JudgeMacLemore@txwd.uscourts.gov.
Civil cases
Page 2 | Document type when submitting proposed orders and discovery charts
Counsel are encouraged to use courtroom technology and schedule equipment testing and training with the Clerk’s Office.
Counsel is encouraged to make use of the courtroom technology and to schedule a time with the Clerk’s Office to test the equipment and receive any necessary training.
Civil cases
Page 3 | Introducing video testimony and using courtroom technology
Junior Lawyer Participation Incentives
The Court allows younger attorneys to serve as in-person principal advocates while more experienced attorneys appear remotely and contribute, to promote younger attorneys’ opportunities to appear in federal court.
The Court will also allow younger attorneys to appear in person as the principal advocate for a party and more experienced attorneys to appear remotely and contribute as appropriate to promote opportunities for younger attorneys to appear in federal court.
Civil cases
Page 1 | Telephonic and videoconference hearings in lieu of personal appearances
The Court encourages firms to give newer attorneys meaningful trial argument and examination opportunities and may allow limited exceptions when notified that experienced counsel are making that effort.
The Court encourages firms to provide opportunities for attorneys newer to the profession to meaningfully participate in making arguments and examining witnesses at trial, and the Court will allow limited exceptions to its general practice to provide those opportunities if the Court is notified that an effort is being made by more experienced counsel to also provide such an opportunity.
Civil cases
Page 3 | Number of attorneys who may participate in argument and the questioning of witnesses at trial for a single party
Both junior and senior lawyers may argue motions together.
c. Permit more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument.
Page 1 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR YOUNGER ATTORNEYS
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, even if the Court ordinarily would not permit oral argument on such a motion. Where the Court is inclined to rule on the briefs, a representation that the argument would be handled by a Newer Attorney will strongly weigh in favor of holding a hearing.
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, even if the Court ordinarily would not permit oral argument on such a motion. Where the Court is inclined to rule on the briefs, a representation that the argument would be handled by a Newer Attorney will strongly weigh in favor of holding a hearing.
Page 1 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR YOUNGER ATTORNEYS
Procedure to request oral argument for a Newer Attorney: contact law clerk after briefing is ripe.
If a party would like a Newer Attorney to argue any motion or discovery dispute, 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.
Page 1 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR YOUNGER ATTORNEYS
b. Permit sufficient additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing.
b. Permit sufficient additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing.
Page 1 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR YOUNGER ATTORNEYS
Court encourages opportunities for attorneys with less than 7 years of experience to conduct oral arguments.
The Court recognizes a growing trend in which fewer cases go to trial and there generally are few 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)"). Opportunities for Newer Attorneys to speak in federal court are increasingly rare. Accordingly, the Court strongly encourages litigants to be mindful of opportunities for Newer Attorneys to conduct oral arguments, particularly where a Newer Attorney drafted or contributed significantly to a motion or response.
Page 1 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR YOUNGER ATTORNEYS
If a party would like a Newer Attorney to argue any motion or discovery dispute, 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.
If a party would like a Newer Attorney to argue any motion or discovery dispute, 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.
Page 1 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR YOUNGER ATTORNEYS
Court will grant oral argument requests for Newer Attorneys even when ordinarily denied, allow extra time, and permit multiple attorneys to argue.
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, even if the Court ordinarily would not permit oral argument on such a motion. Where the Court is inclined to rule on the briefs, a representation that the argument would be handled by a Newer Attorney will strongly weigh in favor of holding a hearing. 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.
Page 1 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR YOUNGER ATTORNEYS
Court encourages Newer Attorneys to appear for status conferences, case management conferences, and scheduling conferences.
The Court encourages a Newer Attorney to appear for settings like status conferences, case management conferences, scheduling conferences and other similar settings.
Page 2 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR YOUNGER ATTORNEYS
Junior lawyers encouraged to handle pre-trial matters with supervision.
The Court also encourages allowing a Newer Attorney to handle appropriate pre-trial matters under supervision or with the help of experienced counsel.
Page 2 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR YOUNGER ATTORNEYS
Court encourages Newer Attorneys to handle pre-trial matters under supervision.
The Court also encourages allowing a Newer Attorney to handle appropriate pre-trial matters under supervision or with the help of experienced counsel.
Page 2 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR YOUNGER ATTORNEYS
Junior lawyers encouraged to appear at conferences and status settings.
The Court encourages a Newer Attorney to appear for settings like status conferences, case management conferences, scheduling conferences and other similar settings.
Page 2 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR YOUNGER ATTORNEYS