Judge Derek Gilliland
Individual Rules, Standing Orders & Policies
- Rules last changed:
Communication
Chambers
Chambers
Chambers
Chambers
Document Format Requirements7 rules
Do not include active links or embedded launches in submitted PDF exhibits.
Formatting
- •No active links
- •No embedded launches
Exhibit files must follow specific naming convention with exhibit number and underscore.
Court's wording
All file names MUST be named using the following naming convention. Not using this exact naming convention will cause problems in our office when uploading your exhibit files. The file name begins with the exhibit number, followed by an underscore to designate that the remaining text of the file name is the description of the exhibit.
The individual file size of audio and video should not exceed 500 MB.
VERY Important: The individual file size of documents (pdf) should not exceed 50 MB.
- File type
SUB EXHIBIT Exhibit Number(dash)Sub Letter(Underscore)Exhibit Description(.)File Extension Limited to 200 characters
Note: An underscore MUST be placed between the exhibit number and exhibit description. DO NOT use an underscore anywhere else in the exhibit file name.
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
- Proposed order
- Discovery chart
Document Filing Requirements15 rules
All extension requests must be made by motion with title indicating joint/unopposed/contested status and proposed order.
- Document
- Motion
Must include
- •Proposed order
Court's wording
Any standing order regarding joint or unopposed requests to change deadlines does not apply to cases referred to the undersigned. It is therefore ORDERED that in all cases referred to the undersigned, any requests to extend any deadline or to amend any portion of a scheduling order shall be made by motion; shall indicate in the title whether it is joint, unopposed, or contested; and shall include a proposed order.
Exhibit number must be displayed on first page bottom right corner.
Court's wording
The exhibit number needs to be clearly displayed on the first page of each exhibit. i.e. “P 1” or “Plaintiff Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:
i.e. “G 1” or “Government Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:
i.e. “J 1” or “Joint Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:
i.e. “D 1” or “Defendant Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:
Parties are encouraged to submit their exhibits, demonstratives or presentation slides for hearings at least one (1) hour except as otherwise instructed by the court before the hearing start time via email to opposing counsel and court staff
For court reporter hearings, request transcript from reporter, complete AO 435, and file CM/ECF request.
- Document
- Transcript request
Include
- •Transcript order form
Court's wording
For hearings Reported by a court reporter, the contact information for the reporter will appear on the minute entry, and a transcript can be obtained by: 1. Requesting the transcript (orally or by email) from the listed court reporter; 2. Completing Transcript Order Form (AO 435), flatten the PDF; and 3. File a Transcript Request in CM/ECF under "Other Documents" (see below).
For these Audio-Recorded hearings, a copy of the proceedings is available upon request and payment by either: A. Requesting a transcript of the digitally recorded court proceeding to be made by a court-approved reporter, OR
- Document
- Transcript request
Include
- •Court approved reporter
Audio recording requests require AO 436 form, CM/ECF filing, and $34 payment by mail.
- Document
- Audio recording request
Include
- •Payment
- •Audio recording order form
Court's wording
To request an audio recording, please complete out the Audio Recording Order form (AO 436) and e-file the form to CM/ECF (using the same "Transcript Request" selection as discussed above). Please also submit a $34.00 payment made out to "Clerk, US District Court" and mail it to US Courthouse, 800 Franklin Ave., Room 380, Waco, Texas 76701.
To request a transcript, please also then complete steps (2) and (3) above (fill out AO435 Form and submit on CM/ECF).
A party may not request both options, and once any party requests option (A), no audio recordings will be made available for purchase.
Only court-approved transcripts are official records; attorney-created transcripts require court approval.
Court's wording
The statute, 28 U.S.C. § 753, requires the Court to supervise all aspects of the court reporting and transcription process. The Court has complete control over who produces an official transcript of court proceedings. While an attorney may create a transcript from a copy of a sound recording, that transcript will not be an official record suitable for filing with the Court unless the Court specifically approves it as the official record.
All attorneys must be adequately prepared and familiar with proceedings.
Court's wording
All attorneys, including Newer Attorneys, will be held to the highest professional standards. All attorneys appearing in court are expected to be adequately prepared and thoroughly familiar with proceeding.
Paper copies are not required but will be accepted by the court for hearing purposes if digital versions cannot be provided.
Therefore, if any party intends to utilize a transcript, the Court highly recommends that parties request a transcript of a proceeding rather than an audio file.
Filing & Service rules
Sealing & Redaction Procedures
Redacted public version required within 7 days for sealed motions/pleadings
The filing party shall file a publicly available, redacted version of any motion or pleading filed under seal within seven days.
Civil cases
Page 1 | STANDING ORDER REGARDING FILING DOCUMENTS UNDER SEAL AND REDACTED PUBLIC VERSIONS
Redacted version of sealed orders must be emailed within 7 days
The movant shall email a redacted version of the Court's sealed order for publication within seven days after the Court enters the sealed order.
Civil cases
Page 1 | STANDING ORDER REGARDING FILING DOCUMENTS UNDER SEAL AND REDACTED PUBLIC VERSIONS
Parties must coordinate on redactions for publicly available versions
The parties shall coordinate to make sure that the publicly available version redacts information that any party deems confidential.
Civil cases
Page 1 | STANDING ORDER REGARDING FILING DOCUMENTS UNDER SEAL AND REDACTED PUBLIC VERSIONS
Publicly available versions must be labeled 'PUBLIC VERSION'
The publicly available version shall be labeled “PUBLIC VERSION.”
Civil cases
Page 1 | STANDING ORDER REGARDING FILING DOCUMENTS UNDER SEAL AND REDACTED PUBLIC VERSIONS
Exhibits that are nonconfidential in their entirety should not be filed under seal at all.
Exhibits that are nonconfidential in their entirety should not be filed under seal at all.
Civil cases
Page 1 | STANDING ORDER REGARDING FILING DOCUMENTS UNDER SEAL AND REDACTED PUBLIC VERSIONS
Redactions should be targeted to redact only that information.
Redactions should be targeted to redact only that information.
Civil cases
Page 1 | STANDING ORDER REGARDING FILING DOCUMENTS UNDER SEAL AND REDACTED PUBLIC VERSIONS
Cooperation on redactions does not constitute agreement on confidentiality
Cooperating to file the publicly available version shall not be deemed as agreeing that the redacted information is confidential.
Civil cases
Page 1 | STANDING ORDER REGARDING FILING DOCUMENTS UNDER SEAL AND REDACTED PUBLIC VERSIONS
Redacted versions not required for exhibits to sealed documents
The parties need not file redacted versions of exhibits to such documents.
Civil cases
Page 1 | STANDING ORDER REGARDING FILING DOCUMENTS UNDER SEAL AND REDACTED PUBLIC VERSIONS
Chambers Communication Rules
Redacted sealed orders must be emailed to specific chambers email address
The movant shall email the redacted, public version to the Court's law clerk (TXWDml_Chambers_WA_All@TXWD.USCOURTS.GOV).
Civil cases
Page 1 | STANDING ORDER REGARDING FILING DOCUMENTS UNDER SEAL AND REDACTED PUBLIC VERSIONS
Requests for either must be made in writing to Judge Derek T. Gilliland's Courtroom Deputy Melissa Copp at Melissa_Copp@txwd.uscourts.gov, or to Judge Dan MacLemore's Courtroom Deputy Abigail Ernstes at Abigail_Ernstes@txwd.uscourts.gov.
Requests for either must be made in writing to Judge Derek T. Gilliland's Courtroom Deputy Melissa Copp at Melissa_Copp@txwd.uscourts.gov, or to Judge Dan MacLemore's Courtroom Deputy Abigail Ernstes at Abigail_Ernstes@txwd.uscourts.gov.
Page 2 | request procedure
If a party would like a Newer Attorney to argue a 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 a 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
Parties should email joint attendance preference (in person, Zoom, hybrid) 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_JudgeGilliland@txwd.uscourts.gov and copying all counsel of record in the case. 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.
Page 1 | Courtroom Guidance for Setting and Resetting Hearings
Contact Courtroom Deputy for setup, decorum, or procedure questions.
Once the Order Setting has been added to the docket, you may contact Judge Gilliland’s Courtroom Deputy for any questions regarding courtroom setup, courtroom decorum or procedures at Melissa_Copp@txwd.uscourts.gov.
Page 1 | Courtroom Guidance for Setting and Resetting Hearings
Hearings held on most discovery matters; non-discovery hearings only if requested.
Judge Gilliland holds hearings on most discovery matters. As for non-discovery motions, the Court will hold a hearing if a party requests it.
Page 1 | Courtroom Guidance for Setting and Resetting Hearings
For hearing resets, email joint request with alternate dates to chambers and Courtroom Deputy.
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_JudgeGilliland@txwd.uscourts.gov and Judge Gilliland’s Courtroom Deputy at Melissa_Copp@txwd.uscourts.gov in a timely manner.
Page 1 | Courtroom Guidance for Setting and Resetting Hearings
Hearings proceed as scheduled until Court issues reset notice or order.
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.
Page 1 | Courtroom Guidance for Setting and Resetting Hearings
Junior Lawyer Participation Incentives
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
d. Notify opposing counsel if such a request is granted and suggest opposing counsel reciprocate by permitting a Newer Attorney to make its argument.
d. Notify opposing counsel if such a request is granted and suggest opposing counsel reciprocate by permitting a Newer Attorney to make its argument.
Page 1 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR YOUNGER ATTORNEYS
More experienced counsel may also speak during oral argument.
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 will grant oral argument if newer attorney will argue, even if normally would not.
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 the 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
Court encourages opportunities for attorneys with less than 7 years experience to argue motions.
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.
Page 1 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR YOUNGER ATTORNEYS