Judge Jason Pulliam
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Communication
Chambers
Phone
Chambers, Clerk
Phone
Chambers
Phone
Page & Word Limits1 rule
(2) A statement of the party’s claims or defenses to be used by the court in conducting voir dire. The statement shall be no longer than one-half page with type double-spaced.
- Voir dire statement
- Up to 1 page
- Format
- Double-spaced
Document Format Requirements7 rules
All case citations shall use the appropriate Westlaw citation, not Lexis citation.
Formatting
- •Use Westlaw citations, not Lexis citations
Motions must include numbered paragraphs with specific record citations.
Formatting
- •Facts must be in numbered paragraphs
Court's wording
The facts set forth in any motion shall be stated in separately numbered paragraphs with citation to a particular pleading or other part of the record supporting the party’s statement. All positions and statements contained in the body of any motion or any responses must contain specific cites to the record supporting the party’s statement. The Court will not search the record for evidence and may not consider any evidence that is not specifically cited in the parties’ briefs.
The binders should be labeled with the style of the case, case number, and should distinguish whether it is “Plaintiff’s Exhibit Notebook” or “Defendant’s Exhibit Notebook.”
Proposed jury instructions, verdict forms, and proposed findings and conclusions should be provided in Microsoft Word and emailed to the listed address.
Court's wording
Yes. Proposed jury instructions, verdict forms and/or proposed finds of fact and conclusions of law should be provided in Microsoft Word and emailed to 9 758659.1 ===== PAGE 10 ===== magda_muzza@txwd.uscourts.gov.
Exhibits are to be placed in three-ring binders.
- Binding
- Three-ring binder
- Exhibits
The binder must contain an index and tabs to locate the exhibits.
Yes. Proposed jury instructions, verdict forms and/or proposed finds of fact and conclusions of law should be provided in Microsoft Word and emailed to magda_muzza@txwd.uscourts.gov.
- File type
- Word
Document Filing Requirements30 rules
Objections not so disclosed, other than objections under Federal Rules of Evidence 402 and 403 shall be deemed waived unless excused by the court for good cause shown.
A motion to exceed the page limit is required, and the proposed pleading must be attached.
Letter briefs are not permitted. A party who seeks any form of relief shall file the request in the form of a motion. Any letter brief or advisory seeking relief shall be dismissed or stricken.
No. Should you desire oral argument on a motion, such request should be set out in the opening paragraph of the motion.
A request for any form of relief must be filed in the form of a motion.
Objections to those portions (citing pages and lines) with supporting authority must be filed at least 7 days prior to the final pretrial conference.
The checklist should be signed by both counsel and filed.
Motions should contain specific and detailed factual allegations, and not general assertions. The Court requires motions to include pertinent citation to authorities and a certificate of conference required by Local Rules 7(d)(i) and 7(i).
- Document
- Motion to suppress
Must include
- •Certificate of conference
File a motion, attach the check list and ask for a hearing.
Yes. The local rules so require and failing to include a certificate of the conference and the reason for no agreement, may result in the motion being dismissed for failure to comply with the local rules.
Objections to the admissibility of any exhibits must be exchanged and submitted 7 days before the final pretrial conference.
Letter briefs are not permitted. A party who seeks any form of relief shall file the request in the form of a motion. Any letter brief or advisory seeking relief shall be dismissed or stricken.
The Court will strike any Federal Rule 12(b) Motion to Dismiss if it does not contain the required Certificate of Conference, which may preclude its re-filing given the time limits prescribed in Federal Rule 12(a).
The Court will strike non-dispositive motions that do not include a Certificate of Conference. W.D. Tex. Civ. R. 7(g).
- Document
- Non-dispositive motion
Include
- •Certificate of conference
Pursuant to 28 U.S.C. § 1447(b) the removing party(ies) shall supplement the record with all state court pleadings and filings. The supplement shall include the docket sheet from the state court.
- Document
- State court record
Must include
- •Docket sheet
Any motion filed in the state court before removal that still requires resolution in this Court must be re-filed as a new motion in this Court.
Pretrial objections to exhibits required; failure to object at pre-trial conference may waive objections at trial.
Court's wording
The Court requires pretrial objections to the authenticity and admissibility of exhibits. The Court will address all evidentiary objections at the Final Pre-trial Conference. The Court strongly favors the admission of all exhibits at the Pre-trial Conference. A party's failure to address any evidentiary objection at the Pre-trial Conference could be cause for waiver of this objection during trial.
Removing party must properly plead citizenship of all parties in diversity cases; failure may result in remand without notice.
- Document
- Removal petition
Include
- •Citizenship allegations
Court's wording
If this case has been removed on the basis of diversity jurisdiction under 28 U.S.C. § 1332, the removing party has the burden to demonstrate there is complete diversity by properly pleading the citizenship of all parties as discussed previously. Failure to supplement the record with proper citizenship allegations may result in remand of this action by the Court without further notice.
The parties should also file a timely joint advisory informing the Court the matter is resolved and withdrawing the applicable motion.
Any letter brief or advisory requesting relief shall be dismissed or stricken.
If there is no agreement, a response indicating the grounds for opposition must be filed.
Counsel must submit to the Court designation by reference to page and line of the testimony to be offered (except those to be used for impeachment only).
The binder must contain an index and tabs to locate the exhibits.
Provide one set of exhibits for the Judge and one for use by witnesses on the stand.
Should you desire oral argument on a motion, such request should be set out in the opening paragraph of the motion.
Prior to the final pretrial conference, counsel must exchange and provide Magda Muzza, the Courtroom Deputy, the name of those witnesses whose testimony is expected to be presented by deposition.
Summary judgment motions are highly disfavored in bench trials and FTCA cases.
Court's wording
Motions for summary judgment are highly disfavored in any case in which the Court will serve as the factfinder and in any case asserting a cause of action under the Federal Tort Claims Act in which parties do not have a right to a jury trial under 28 U. S. C. § 2402 and Carlson v. Green, 446 U.S. 14, 22 (1980).
A party should not file a Motion and separate “Memorandum of Law.” The Motion, itself, should include the party’s argument and citation authority supporting the relief it seeks.
Most often, the Court will accept the parties' agreement to use a deposition at trial even though the witness is available.
Court conducts preliminary voir dire; parties may examine panel if questions submitted per Final Pre-trial Order.
Court's wording
The Court will conduct a preliminary examination of the jury panel. Following the Court’s examination, each side may be allowed the opportunity to examine the panel briefly, provided proposed voir dire questions were properly submitted in accordance with the Court’s Final Pre- trial Order.
Filing & Service rules
Electronic Filing Rules
The parties must exchange initial disclosures but must not file them with the Court.
Pursuant to the Local Rules, the parties are to exchange them, but NOT file them with the Court.
Civil cases
Page 3 | Procedures Specific to Civil Cases
Filing Timing and Cure Windows
The parties are expected to submit the listed pretrial materials two weeks before the final pretrial conference or, if none is set, before trial.
Pursuant to Local Rule 16(e), two weeks prior to the scheduled final pretrial conference or trial if a pretrial conference is not set, the Court expects the parties to submit the following:
Civil cases
Page 3 | Procedures Specific to Civil Cases
The parties must submit objections to witnesses, deposition testimony, exhibits, or motions in limine one week before the pretrial conference or, if none is set, before trial.
One week before the scheduled pretrial conference or trial if a pretrial conference is not set, the parties must submit their objections to any witness, deposition testimony, exhibit, or motion in limine.
Civil cases
Page 4 | Procedures Specific to Civil Cases
The parties should confer and submit joint proposed jury instructions and verdict forms two weeks before the pretrial conference or, if none is set, before trial.
Additionally, the parties should meet, confer, and submit a joint proposed set of jury instructions and verdict forms two weeks before the scheduled pretrial conference or trial if a pretrial conference is not set.
Civil cases
Page 4 | Procedures Specific to Civil Cases
Objections to deposition-designated portions must be filed at least seven days before the final pretrial conference.
Objections to those portions (citing pages and lines) with supporting authority must be filed at least 7 days prior to the final pretrial conference.
Civil cases
Page 9
Proposed jury questionnaires must be provided at least 60 days before trial and may contain no more than 20 questions.
Yes. The proposed questionnaire must be provided no later than 60 days prior to trial. Questionnaires are limited to twenty questions.
Civil cases
Page 19 | Hearing and Trial Procedures
At least 14 days before the final pretrial conference, counsel must provide the Courtroom Deputy copies of depositions to be used as exhibits and submit page-and-line designations, except for impeachment-only use.
At least fourteen days prior to the final pretrial conference, counsel must provide Magda Muzza, the Courtroom Deputy, with a copy of all depositions to be used as exhibits. Counsel must submit to the Court designation by reference to page and line of the testimony to be offered (except those to be used for impeachment only).
Civil cases
Page 20 | Hearing and Trial Procedures
If the parties do not submit a proposed scheduling order within the Court’s 30-day deadline, the Court will issue its own order.
Failure to submit a proposed scheduling order within the Court’s thirty (30) day deadline will result in the Court issuing its own order.
Civil cases
Page 13 | General Pretrial Matters
Service and Proof of Service Rules
Counsel must provide the Courtroom Deputy copies of all depositions to be used as exhibits at least 14 days before the final pretrial conference.
At least fourteen days prior to the final pretrial conference, counsel must provide Magda Muzza, the Courtroom Deputy, with a copy of all depositions to be used as exhibits.
Civil cases
Page 9
Exhibits must be exchanged with opposing parties at least two weeks before the final pretrial conference.
Exhibits must be exchanged with opposing parties at least two weeks prior to the final pretrial conference.
Civil cases
Page 9
Exhibit admissibility objections must be exchanged and submitted seven days before the final pretrial conference.
Objections to the admissibility of any exhibits must be exchanged and submitted 7 days before the final pretrial conference.
Civil cases
Page 9
Notice should be given to the opposing party of the timing of the expected filing.
Notice should be given to the opposing party of the timing of the expected filing.
Civil cases
Page 2 | Contacting the Court
For jury trials, parties should exchange demonstrative aids no later than 24 hours before use.
To avoid bench conferences in a jury trial, no later than 24 hours prior to its use, the parties should exchange any item it intends to use in the presence of the jury as a demonstrative aid, regardless whether the party intends to move for its admission.
Civil cases
Page 9
Before the final pretrial conference, counsel must exchange and provide the Courtroom Deputy the names of witnesses expected to testify by deposition.
Prior to the final pretrial conference, counsel must exchange and provide Magda Muzza, the Courtroom Deputy, the name(s) of any witness(es) whose testimony is expected to be presented by deposition.
Civil cases
Page 9
Courtesy Copy Requirements
A courtesy copy is required only for emergency motions or pleadings filed within 48 hours of a scheduled hearing.
Only for emergency motions or when the pleading is filed within 48 hours of a hearing scheduled in the case.
Civil cases
Page 17 | Motions Practice
Courtesy copies are requested only for emergency motions.
Only for emergency motions.
Civil cases
Page 5 | Motions Practice
Sealing & Redaction Procedures
Sealing filings is disfavored; redaction preferred; court approval required for sealing.
The Court disfavors motions to maintain filings under seal, and the Court expects parties to draft such submissions in a manner that does not disclose confidential information. W.D. Tex. Civ. R. 5.2(b). Proper redaction is preferable to sealing a case or a particular filing. Even when filing a document under seal may be warranted, it is better for the sealed document to be an exhibit rather than the entire filing. If a party wishes to file a pleading, motion, or exhibit under seal, the party must first obtain leave of court by motion with citation to authority supporting the filing under seal. The item will be admitted under seal if the court deems such filing to be necessary.
Civil cases
Page 2 | 2. GENERAL
Filing Bundling Requirements
The parties should submit agreed jury instructions jointly; disputed instructions should be submitted separately with supporting citations to controlling authority.
Additionally, the parties should meet, confer, and submit a joint proposed set of jury instructions and verdict forms two weeks before the scheduled pretrial conference or trial if a pretrial conference is not set. Any instruction that counsel cannot agree upon should be submitted separately with appropriate citations to controlling authority supporting those instructions.
Civil cases
Page 4 | Procedures Specific to Civil Cases
All pretrial submissions should be submitted simultaneously.
All submissions should be submitted simultaneously.
Civil cases
Page 4 | Procedures Specific to Civil Cases
Dispositive and non-dispositive motions should not be combined.
Dispositive and non-dispositive motions should not be combined.
Civil cases
Page 7 | Motions Practice
A motion to dismiss and an answer must not be combined in one filing.
Do not combine a motion to dismiss and an answer in one filing.
Civil cases
Page 7 | Motions Practice
A response and a motion must not be combined in one filing.
Similarly, do not combine a response and a motion in one filing.
Civil cases
Page 7 | Motions Practice
Motions generally must not be combined in one filing, except when motions of the same type seek alternative relief.
In general, do not combine motions in one filing unless the motions are of the same type but seek alternative relief, such as a motion to dismiss for lack of jurisdiction under Rule 12(b)(1) or alternatively for failure to state a claim under Rule 12(b)(6).
Civil cases
Page 7 | Motions Practice
A motion to dismiss must not be characterized as a motion for summary judgment in the alternative.
A motion to dismiss should not be characterized as a motion for summary judgment in the alternative.
Civil cases
Page 7 | Motions Practice
Pre-Motion Conference Requirements
Scheduling matters in civil cases must be requested by motion.
Any scheduling in a civil case must be requested by motion.
Civil cases
Page 1 | Contacting the Court
A request for an expedited hearing in a civil case should be made by motion.
Any such request should be made by motion.
Civil cases
Page 2 | Contacting the Court
In cases not referred to a Magistrate Judge, any such request should be made by motion.
In cases not referred to a Magistrate Judge, any such request should be made by motion.
Civil cases
Page 2 | General Pretrial Procedures
If a scheduling-order modification is not agreed, the opposing party should respond to the motion to modify.
If the modification is not agreed, the opposing party should file a response to any motion to modify.
Civil cases
Page 2 | General Pretrial Procedures
No.
No.
Civil cases
Page 6 | Motions Practice
Only one motion for summary judgment is allowed.
Only one motion for summary judgment is allowed.
Civil cases
Page 7 | Motions Practice
Adjournment & Extension Requirements
In cases not referred to a magistrate judge, an extension to answer a complaint requires an agreed motion and proposed order.
In cases not referred to a magistrate judge, any extension to answer a complaint requires an agreed motion and proposed order.
Civil cases
Page 6 | Motions Practice
A request to continue a trial date must be made by motion after a good-faith conference with opposing counsel.
Any request for a trial dateto be continued must be made by motion filed with the Court following a good faith conference with opposing counsel.
Civil cases
Page 8 | Hearing and Trial Procedures
Agreed requests for an extension of time must be submitted by joint motion.
No. Agreed requests for extension of time must be submitted by joint motion.
Civil cases
Page 18 | Motions Practice
A motion to continue trial must be filed before the scheduling-order deadline for pretrial submissions; late motions are not tolerated absent an emergency and may require a hearing to show good cause.
If a continuance of trial is needed the motion must be filed prior to the pretrial submissions deadlines set in the Court’s scheduling order. With the exception of an emergency, late motions will not be tolerated and may result in a motion hearing in order for counsel to show good cause as to the late request.
Civil cases
Page 19 | Hearing and Trial Procedures
In cases not referred to a Magistrate Judge, request a scheduling-order modification by motion; the opposing party should respond if the request is not agreed.
In cases not referred to a Magistrate Judge, any such request should be made by motion. The Court will approve, in most instances, an agreed modification. If the modification is not agreed, the opposing party should file a response to any motion to modify.
Civil cases
Page 13 | General Pretrial Matters
The parties may stipulate to discovery extensions without court approval.
Discovery extensions may be stipulated to between the parties without any need for court approval.
Civil cases
Page 6 | Motions Practice
Chambers Communication Rules
After a contested motion is resolved, notify the courtroom deputy in a timely manner and file a timely joint advisory stating that the matter is resolved.
Please contact Magda Muzza, Courtroom Deputy, at (210) 244-5021, or magda_muzza@txwd.uscourts.gov in a timely manner after the contested motion is resolved. The parties should also file a timely joint advisory asserting the matter is resolved.
Civil cases
Page 13
The parties must notify the Court when an evidentiary sentencing hearing is requested, contacting the courtroom deputy by phone or email.
The parties are required to notify the Court if an evidentiary hearing is requested. Contact Magda Muzza, Courtroom Deputy, at (210) 244-5021, or magda_muzza@txwd.uscourts.gov.
Civil cases
Please first call Magda Muzza, Courtroom Deputy, at (210) 244-5021. If unable to reach Courtroom Deputy and immediate assistance is required, you may contact Missy Kauffman at (210) 244-5183.
Please first call Magda Muzza, Courtroom Deputy, at (210) 244-5021. If unable to reach Courtroom Deputy and immediate assistance is required, you may contact Missy Kauffman at (210) 244-5183.
Civil cases
Page 1 | Contacting the Court
Do not contact the Judge’s law clerks directly.
Please do not contact the Judge’s law clerks directly.
Civil cases
Page 1 | Contacting the Court
A courtesy call should be made to Magda Muzza, Courtroom Deputy, at (210) 244-5021.
A courtesy call should be made to Magda Muzza, Courtroom Deputy, at (210) 244-5021.
Civil cases
Page 2 | Contacting the Court
Do not generally inquire about motion status; if necessary for case management, contact Missy Kauffman after four months.
Generally, no. The Court will address all pending motions in a timely manner appropriate to management of the Court’s docket. If otherwise necessary for case management, after four months, you may contact Missy Kauffman.
Civil cases
Page 2 | Contacting the Court
Notify Missy Kauffman in a timely manner after a contested civil motion is resolved.
Please contact Missy Kauffman at (210) 244-5183 or missy_kauffman@txwd.uscourts.gov in a timely manner after the contested motion is resolved.
Civil cases
Page 2 | Contacting the Court
A courtesy call should be made to Magda Muzza, Courtroom Deputy, at (210) 244- 5021.
A courtesy call should be made to Magda Muzza, Courtroom Deputy, at (210) 244- 5021.
Civil cases
Page 2 | Contacting the Court
Parties may not contact the Court during depositions.
No.
Civil cases
Page 2 | Contacting the Court
Yes. If a telephone conference is requested, it should be arranged in coordination with Magda Muzza and will be held only if approved by the Judge.
Yes. If a telephone conference is requested, it should be arranged in coordination with Magda Muzza and will be held only if approved by the Judge.
Civil cases
Page 6 | Motions Practice
Yes. Proposed jury instructions, verdict forms and/or proposed finds of fact and conclusions of law should be provided in Microsoft Word and emailed to 9 758659.1 magda_muzza@txwd.uscourts.gov.
Yes. Proposed jury instructions, verdict forms and/or proposed finds of fact and conclusions of law should be provided in Microsoft Word and emailed to 9 758659.1 magda_muzza@txwd.uscourts.gov.
Civil cases
Page 9
Generally, no. The Court will address all pending motions in a timely manner appropriate to management of the Court’s docket. If otherwise necessary for case management, after four months, you may contact Magda Muzza.
Generally, no. The Court will address all pending motions in a timely manner appropriate to management of the Court’s docket. If otherwise necessary for case management, after four months, you may contact Magda Muzza.
Civil cases
Page 13
In certain circumstances. If a telephone conference is requested, the requesting party should contact Magda Muzza at (210) 244-5021 or at magda_muzza@txwd.uscourts.gov. The party must explain why a telephone conference is necessary. If approved by the Court, Magda Muzza will arrange the telephone conference with parties.
In certain circumstances. If a telephone conference is requested, the requesting party should contact Magda Muzza at (210) 244-5021 or at magda_muzza@txwd.uscourts.gov. The party must explain why a telephone conference is necessary. If approved by the Court, Magda Muzza will arrange the telephone conference with parties.
Civil cases
Page 18 | Motions Practice
Yes. Proposed jury instructions, verdict forms and/or proposed finds of fact and conclusions of law should be provided in Microsoft Word and emailed to magda_muzza@txwd.uscourts.gov.
Yes. Proposed jury instructions, verdict forms and/or proposed finds of fact and conclusions of law should be provided in Microsoft Word and emailed to magda_muzza@txwd.uscourts.gov.
Civil cases
Page 20 | Hearing and Trial Procedures
Contact Missy Kauffman about procedural matters not addressed by the cited rules or scheduling order.
For procedural matters that cannot be answered by the Federal Rules of Procedure, Local Rules, or the Judge’s Scheduling Order, please contact Missy Kauffman.
Civil cases
Page 1 | Contacting the Court
Contact Missy Kauffman by phone or email about non-case-related scheduling matters.
For a non-case related scheduling matter, please contact Missy Kauffman at (210) 244-5183 or missy_kauffman@txwd.uscourts.gov.
Civil cases
Page 1 | Contacting the Court
Transcript requests or questions should be directed to the court reporter by phone or email.
Yes. Any requests or questions regarding transcripts should be made with court reporter Angela Hailey at (210) 244-5048 or Angela_Hailey@txwd.uscourts.gov
Civil cases
Page 16 | Facilities and Technology