Judge Kathleen Cardone
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Never Required
Adjournments
- Deadline modifications require good cause showing.
- Extension of one deadline does not extend subsequent deadlines.
- You must make any request for a continuance in writing as early as possible, and you must confer with opposing counsel prior to filing the motion.
- +9 more
Request must include
- Failure to serve a defendant within 120 days will trigger a notice to show cause why the case or defendant should not be dismissed.
Communication
Phone
Chambers
Phone
Chambers
Phone
Fax
Chambers
Fax
Chambers
Phone
Chambers
Chambers
Page & Word Limits7 rules
Without leave of Court, any brief or memorandum less than thirty pages may be submitted.
- Brief
- Fewer than 30 pages
Exception
More pages with leave of court
Without leave of Court, any brief or memorandum less than thirty pages may be submitted.
- Brief
- Fewer than 30 pages
Exception
More pages with leave of court
(2) A statement of the issue(s) to be decided not to exceed one page;
- Statement of issues
- Up to 1 page
Counsel are normally afforded twenty to thirty minutes to make an opening statement.
Leave of Court is required for briefs longer than that permitted by local rule and standing order. Such leave is routinely granted, however.
Leave of Court is required for briefs longer than that permitted by local rule and standing order. Such leave is routinely granted, however.
The title page, table of contents, table authorities, and statement of issues do not count toward the page limitation set forth in Civil Local Rule CV-7(d).
Excluded from the limit
- •Table of contents
- •Table of authorities
Document Format Requirements6 rules
Exhibits must be organized in three-ring binders with specific labeling.
- Binding
- Three-ring binder
Formatting
- •Binders must be labeled with case style, number, and party designation
- •First page must include case information and exhibit notebook designation
- •Next page must be exhibit index
- •Each exhibit must be tabbed
Court's wording
Exhibits are to be placed in three-ring binders. The binders should be labeled with the style of the case, case number, and whether the binder is “Plaintiff’s Exhibit Notebook” or “Defendant’s Exhibit Notebook.”
Attorneys must wear standard business attire including coat and tie for men, tailored suits/dresses for women.
Formatting
- •Standard business attire required
- •Men: coat and tie
- •Women: tailored suits or dresses
- •Slacks acceptable only with tailored pantsuit
- •No blouses/sweaters without jackets
- •No extremely short skirts
Court's wording
Attorneys are required to wear standard business attire. For men, this includes a coat and tie. For women, it includes tailored suits and tailored dresses. Slacks are acceptable if part of a tailored pantsuit. Slacks or skirts with a blouse or sweater, but without a jacket, are not acceptable. Extremely short skirts are not acceptable. Further, see Local Rules AT-4 and AT-5.
Exhibits must be in three-ring binders with specific labeling, indexing, and tabbing requirements.
- Margins
- Top 1 inch; Bottom 1 inch; Right 1 inch
- Binding
- Three-ring binder
Formatting
- •Binders labeled with case style, number, and party designation
- •Exhibit index as second page
- •Each exhibit tabbed
Court's wording
Exhibits are to be placed in three-ring binders. The binders should be labeled with the style of the case, case number, and whether the binder is “Plaintiff’s Exhibit Notebook” or “Defendant’s Exhibit Notebook.” The first page in the binder should have the style of the case, case number, and “Plaintiff’s/Defendant’s Exhibit Notebook.” The next page should be the exhibit index. Each exhibit should be tabbed for ease of locating that exhibit. Special exhibit labels are not necessary; you may use the standard “Plaintiff/Defendant Exhibit” labels. Provide two sets of exhibits for the judge and one set for use by witnesses on the witness stand.
From the lectern.
Formatting
- •Address Court from lectern
- •Address witnesses from lectern
No, but parties are encouraged to hyperlink citations in their briefs for Westlaw or Lexis access.
- Brief
Formatting
- •Hyperlink citations encouraged
Trials normally convene at 8:30 a.m. and adjourn around 5:00 p.m., recessing for lunch between 12:00 p.m. and 1:00 p.m.
Formatting
- •Lunch recess 12:00 PM - 1:00 PM
Document Filing Requirements100 rules
Preliminary Infringement Contentions must be served within 30 days of defendant's appearance.
Court's wording
Within thirty (30) days after the appearance of any defendant, 1 a party claiming patent infringement shall serve on all parties its Preliminary Infringement Contentions, which shall contain the following information:
Parties must jointly submit RPPM within 45 days of any defendant's appearance.
Court's wording
Pursuant to Local Rule CV-16(a), the parties shall meet, confer, and jointly submit a Report of Parties’ Planning Meeting (“RPPM”), in the form prescribed by Appendix A to this Order within forty-five (45) days after the appearance of any defendant.
Opening briefs must include all asserted patents as searchable PDF exhibits.
- Document
- Claim construction opening brief
Must include
- •Exhibits
Court's wording
The Court will require non-simultaneous Markman briefing. On or before the deadline set for Claim Construction Opening Briefs, each party claiming patent infringement shall file a brief and any evidence supporting its claim construction. All asserted patents shall be attached as exhibits to the opening claim construction brief in searchable PDF form.
All parties claiming patent infringement certify that they served their Preliminary Infringement Contentions on [list all other parties and specify the date on which each was served].
Objections to PSIR/Guideline Worksheet must be submitted to Probation Officer first.
Court's wording
Objections to the Presentence Investigation Report or Guideline Worksheet shall be submitted to the Probation Officer. If the Probation Officer does not modify the PSIR or Guideline Worksheet and the objection remains unresolved, counsel shall file a Sentencing Memorandum outlining the unresolved objection, along with any authorities relied upon and sentencing recommendations for the Court’s consideration.
Counsel shall provide a copy of the Sentencing Memorandum to the Probation Officer and opposing counsel.
The Sentencing Memorandum should be filed with the District Clerk’s Office as least three days prior to any sentencing hearing.
Trial exhibits must be marked and exchanged at least 3 days before trial.
- Document
- Trial exhibit
Must include
- •Exhibit number
Court's wording
All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked before trial with an exhibit number, and be exchanged with opposing parties at least three days before the date of the trial setting.
Initial disclosures not required; Rule 26(f) conference and report required 21 days before planning meeting.
Court's wording
No. Except in categories of proceedings exempted from initial disclosure under Federal Rule of Civil Procedure 26(a)(1)(B), the parties must, as soon as practicable and in any event at least twenty-one days before the Report of Parties’ Planning Meeting is due under Rule 16(b), confer to consider all matters required by Rule 26(f). The parties’ Rule 26(f) written report outlining their proposed discovery plan should be included in the Report of Parties’ Planning Meeting.
The Court will consider requests for the use of juror questionnaires. The proposed questionnaire should be provided to the Court as soon as possible, but no later than sixty days before trial.
- Document
- Juror questionnaire
Should include
- •Proposed questionnaire
Trial date modification requests must be in writing with opposing counsel conference, and may require hearing if no agreement.
Court's wording
Any request that a trial date be modified must be made in writing. The party seeking the continuance must confer with the opposing side. If there is an agreement, the Court usually approves a continuance. If there is no agreement, the Court holds a hearing.
Do not submit a response and a motion together in one document.
All requests for modification of the scheduling order must be made in the form of a motion to the Court.
Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4.
The party removing the action from state court should ensure that all documents previously filed in state court are attached to the removal documents. A copy of the state court docket sheet should be included.
Letter briefs should not be submitted.
Depositions may be used by agreement; must provide copies to deputy, designate portions, file objections 3 business days before trial.
Court's wording
The Court will accept the parties’ agreement to use a deposition at trial even though the witness is available. Before trial, counsel must provide the courtroom deputy with a copy of all depositions to be used as exhibits at trial. Counsel will designate the portion of any deposition to be read by citing pages and lines. Objections to those portions (citing pages and lines) with supporting authority must be filed at least three (3) business days before trial. Use of videotape depositions is permitted to the extent the parties agree on admissibility or edit to resolve objections.
ADR required in almost all civil cases with deadline set in scheduling order.
Court's wording
Alternative dispute resolution is required in almost all civil cases. The deadline by which ADR is to be completed is set in the Court's Scheduling Order. Further, the Scheduling Order also sets the date by which the parties must schedule the alternative dispute resolution and provide the Court with notice of the name of the ADR provider and the scheduled date for the ADR.
Two copies of such exhibits must be furnished to the Court prior to the pre-trial status conference.
Objections to those portions (citing pages and lines) with supporting authority must be filed at least three (3) business days before trial.
Any request that a trial date be modified must be made in writing.
Before trial, counsel must provide the courtroom deputy with a copy of all depositions to be used as exhibits at trial.
The proposed questionnaire should be provided to the Court as soon as possible, but no later than sixty days before trial.
Motions to Suppress should contain a background statement of uncontested facts.
- Document
- Motion to suppress
Should include
- •Background statement of uncontested facts
Report of Parties’ Planning Meeting due within 45 days of first defendant appearance or removal.
Court's wording
Pursuant to the Court's Standing Order on Pretrial Deadlines, the parties are to file the Report of Parties’ Planning Meeting within forty-five days of the appearance of the first defendant in the case (which includes a defendant’s filing of a motion to dismiss) or within forty-five days of removal. Failure to submit the Report will result in the Court issuing a notice to show cause.
Exhibits must be labeled and exchanged with opposing parties before trial.
Court's wording
All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked with gummed labels or tags that identify them by the exhibit number under which they will be offered at trial, and must be exchanged with opposing parties pursuant to the Court's Trial Preparation Order.
Counsel should thoroughly confer with their clients BEFORE the rearraignment regarding any plea. Plea agreements should be completely signed (and copies provided to the courtroom deputy) well in advance of the hearing.
Exhibits returned at trial end; counsel must sign inventory and preserve exhibits for appeal.
Court's wording
At the conclusion of trial, the courtroom deputy will approach counsel and return all physical exhibits. Counsel will be required to sign an Inventory of Exhibits. Counsel is responsible for maintaining exhibits in an unaltered and safe manner for appeal.
[Provide a statement of the basis for subject matter jurisdiction with appropriate statutory citations. If Plaintiff's allegation of subject matter jurisdiction is contested, specify the basis for such challenge.]
Counsel must certify that they consulted with clients about the claims, defenses, settlement possibilities, and proposed case management plan, and forwarded the report to their clients.
Court's wording
Undersigned counsel certify that, after consultation with their clients, they have discussed the nature and basis of the parties' claims and defenses and any possibilities for achieving a prompt settlement or other resolution of the case and, in consultation with their clients, have developed the following proposed case management plan. Counsel further certify that they have forwarded a copy of this report to their clients.
[State whether personal jurisdiction is contested and, if it is, summarize the parties' competing positions].
[Briefly summarize the claims and defenses of all parties and describe the relief sought. If agreement cannot be reached on a joint statement, each party must provide a short separate statement.
Counsel certify that they have made a good faith attempt to determine whether there are any material facts that are not in dispute. The parties state that the following material facts are undisputed
The undersigned pro se parties certify that they will cooperate with all other parties, counsel of record and the Court to promote the just, speedy, and, efficient determination of this action.
Report of Parties' Planning Meeting due within 45 days of first defendant appearance or removal
Court's wording
Pursuant to the Court's Standing Order on Pretrial Deadlines, the parties are to file the Report of Parties' Planning Meeting within forty-five days of the appearance of the first defendant in the case (which includes a defendant's filing of a motion to dismiss) or within forty-five days of removal. Failure to submit the Report will result in the Court issuing a notice to show cause.
ADR required in almost all civil cases; deadline and provider notification set in Scheduling Order
Court's wording
Alternative dispute resolution is required in almost all civil cases. The deadline by which ADR is to be completed is set in the Court's Scheduling Order. Further, the Scheduling Order also sets the date by which the parties must schedule the alternative dispute resolution and provide the Court with notice of the name of the ADR provider and the scheduled date for the ADR.
All requests for modification of the scheduling order must be made in the form of a motion to the Court.
The party removing the action from state court should ensure that all documents previously filed in state court are attached to the removal documents. A copy of the state court docket sheet should be included.
- Document
- Removal documents
Should include
- •State court docket sheet
Objections to PSIR/Guideline Worksheet must first be submitted to Probation Officer, then filed as Sentencing Memorandum if unresolved.
Court's wording
Objections to the Presentence Investigation Report or Guideline Worksheet shall be submitted to the Probation Officer. If the Probation Officer does not modify the PSIR or Guideline Worksheet and the objection remains unresolved, counsel shall file a Sentencing Memorandum outlining the unresolved objection, along with any authorities relied upon and sentencing recommendations for the Court's consideration.
The Sentencing Memorandum should be filed with the District Clerk's Office as least three days prior to any sentencing hearing.
Counsel shall provide a copy of the Sentencing Memorandum to the Probation Officer and opposing counsel.
Trial exhibits must be marked and exchanged with opposing parties at least 3 days before trial.
Court's wording
All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked before trial with an exhibit number, and be exchanged with opposing parties at least three days before the date of the trial setting.
Do not submit a response and a motion together in one document.
Motions to Suppress should contain a background statement of uncontested facts.
- Document
- Motion to suppress
Should include
- •Statement of facts
Depositions can be used by agreement even if witness is available; otherwise follow FRCP 32. Provide copies to courtroom deputy before trial and file objections 3 business days before trial.
Court's wording
The Court will accept the parties' agreement to use a deposition at trial even though the witness is available. Otherwise, parties must follow Federal Rule of Civil Procedure 32. Before trial, counsel must provide the courtroom deputy with a copy of all depositions to be used as exhibits at trial. Counsel will designate the portion of any deposition to be read by citing pages and lines. Objections to those portions (citing pages and lines) with supporting authority must be filed at least three (3) business days before trial.
Letter briefs should not be submitted.
Exhibits must be marked, exchanged with opposing parties, and two copies provided to Court before pre-trial status conference.
Court's wording
All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked with gummed labels or tags that identify them by the exhibit number under which they will be offered at trial, and must be exchanged with opposing parties pursuant to the Court's Trial Preparation Order. Two copies of such exhibits must be furnished to the Court prior to the pre-trial status conference.
(5) If in excess of ten (10) pages, a table of contents and table of authorities.
Include
- •Table of contents
- •Table of authorities
(3) A succinct statement of relevant facts;
Include
- •Statement of facts
(1) On the first page below the case caption and number, only the title of the motion;
- Document
- Motion
- Placement
- First page
(4) Argument of the parties, including pertinent authority;
A summary-judgment motion must include a separately numbered Proposed Undisputed Facts document stating each material fact the movant contends is undisputed.
Court's wording
There shall be annexed to a motion for summary judgment a document entitled “Proposed Undisputed Facts,” which sets forth in separately numbered paragraphs a concise statement of each material fact as to which the moving party contends there is no genuine issue to be tried.
The Response to Proposed Undisputed Facts shall also include in a separate section entitled “Disputed Issues of Material Fact” a list of each issue of material fact as to which it is contended there is a genuine issue to be tried.
Summary-judgment opposition papers must include a separately numbered Response to Proposed Undisputed Facts indicating whether each corresponding fact is admitted or denied.
Court's wording
The papers opposing a motion for summary judgment shall include a document entitled “Response to Proposed Undisputed Facts,” which states in separately numbered paragraphs corresponding to the paragraphs contained in the moving party’s Proposed Undisputed Facts whether each of the facts asserted by the moving party is admitted or denied.
All material facts set forth in said statement will be deemed admitted unless controverted by the statement required to be filed and served by the opposing party in accordance with (a)(2) of this Standing Order.
Each fact statement and each denial in the specified summary-judgment documents must be followed by a specific citation to competent witness testimony or trial-admissible evidence.
Court's wording
Pursuant to Federal Rule of Civil Procedure 56(c), each statement of material fact by a movant in the Proposed Undisputed Facts or by a nonmovant in the Response to Proposed ===== PAGE 2 ===== Undisputed Facts, and each denial in a nonmovant's Response to Proposed Undisputed Facts, must be followed by a specific citation to particular parts of (1) the affidavit or declaration of a witness competent to testify as to the facts at trial and/or (2) evidence that would be admissible at trial.
The Proposed Undisputed Facts and Response must be filed and served with the motion, supporting papers, and required certificate of service.
- Document
- Summary judgment motion
Must include
- •Certificate of service
Court's wording
The Proposed Undisputed Facts and Response to Proposed Undisputed Facts referred to above shall be filed and served along with the motion (and supporting papers) and certificate of service required by this Court's Motion Filing Procedure and the Federal Rule of Civil Procedure 56.
Filing & Service rules
Filing Timing and Cure Windows
Unless the Court orders otherwise, discovery must be completed within six months after the Rule 26(f) Conference.
Unless otherwise ordered, discovery shall be completed within six (6) months of the Rule 26(f) Conference.
Page 1 | Standing Order on Pretrial Deadlines
Discovery cannot begin before the required conference, but formal discovery may begin immediately after the conference without waiting for the Scheduling Order.
Pursuant to Federal Rule of Civil Procedure 26(d), discovery may not commence until the parties have conferred as required by Federal Rule of Civil Procedure 26(f) and Local Rule 16, but the parties may commence formal discovery immediately after conferring without awaiting entry of the Court's Scheduling Order.
Page 1 | Standing Order on Pretrial Deadlines
The parties must submit the Appendix A joint memorandum within 45 days after any defendant appears.
Pursuant to Local Rule CV-16(a), the parties shall submit a joint memorandum prescribed by Appendix A to this Order within forty-five (45) days after the appearance of any defendant.
Page 1 | Standing Order on Pretrial Deadlines
Motions to dismiss based on the pleadings must be filed within 90 days of the earliest listed event.
All motions to dismiss based on the pleadings shall be filed within ninety (90) days of the earlier of the serving of the complaint, the filing of a petition for removal, or the transfer of an action from another judicial district.
Page 1 | Standing Order on Pretrial Deadlines
Covered joinder, class-certification, and pleading-amendment motions must be filed within 60 days of the earliest listed event; a defendant may file a third-party complaint within 14 days after serving an answer.
All motions relating to joinder of parties, claims or remedies, class certification, and amendment of the pleadings shall be filed within sixty (60) days after the earlier of the serving of the answer, the filing of a notice of removal, the filing of a motion to dismiss, or the transfer of an action from another judicial district, except that a defendant may file a third-party complaint within fourteen (14) days of serving an answer, as permitted by Federal Rule of Civil Procedure 14(a).
Page 1 | Standing Order on Pretrial Deadlines
Unless the Court orders otherwise, summary-judgment motions must be filed within one month after the discovery deadline.
Unless otherwise ordered, all motions for summary judgment shall be filed within one month after the discovery deadline.
Page 2 | Standing Order on Pretrial Deadlines
Pro se litigants must file response papers with the Clerk and mail a copy to defense counsel within 14 days after the motion is filed.
You must file your response papers with the Clerk of the Court and mail a copy to the defendant's counsel within fourteen (14) days of the filing of the defendant's motion with the Clerk of the Court.
Page 4 | Notice to Pro Se Litigant Opposing Motion For Summary Judgment As Required by Standing Order Governing Motions for Summary Judgment
Filing a motion to dismiss does not automatically stay discovery or extend the discovery-completion deadline.
The filing of a motion to dismiss will not result in an automatic stay of discovery or extend the time for completing discovery.
Page 1 | Standing Order on Pretrial Deadlines
Service and Proof of Service Rules
Pro se litigants must mail a copy of their response papers to the defendant's counsel within 14 days after the motion is filed.
You must file your response papers with the Clerk of the Court and mail a copy to the defendant's counsel within fourteen (14) days of the filing of the defendant's motion with the Clerk of the Court.
Page 4 | Notice to Pro Se Litigant Opposing Motion For Summary Judgment As Required by Standing Order Governing Motions for Summary Judgment
Courtesy Copy Requirements
Two sets of exhibits for judge and one set for witnesses are required.
Provide two sets of exhibits for the judge and one set for use by witnesses on the witness stand.
Chambers copies are never required.
A chambers’ copy is never required.
Chambers copies are never required.
Chambers copies are never required.
Chambers copies are never required.
Chambers copies are never required.
Page 11 | Motions Practice
Chambers copies are never required for any filings.
A chambers’ copy is never required.
Sealing & Redaction Procedures
Patent cases presumptively require protective order for confidential information.
Because the Court finds that any patent case is likely to involve production of confidential, sensitive, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted, the Confidentiality and Protective Order available as Appendix H-1 to the Local Rules of the United States District
Discovery cannot be withheld for confidentiality without court order.
Discovery may not be withheld on the basis of confidentiality absent a Court order.
Filing Bundling Requirements
Court prefers to manage related patent cases as a group.
The Court prefers to manage separate cases that are filed concurrently by the same plaintiff and involve allegations of infringement of the same patent, as a group.
Page 3 | REPORT OF PARTIES’ PLANNING MEETING
Pre-Motion Conference Requirements
Yes. The party seeking to file additional briefing should file a motion seeking such leave.
Yes. The party seeking to file additional briefing should file a motion seeking such leave.
Page 11 | Motions Practice
Motions in limine must be limited to disputed matters.
A motion in limine must be confined to matters actually in dispute.
Hearings on civil motions are not routine; request in opening paragraph if needed.
Ordinarily, the Court does not hold hearings on civil motions. However, should you believe a hearing is warranted, you should make such a request in the opening paragraph of your motion or response with an explanation as to why the hearing is necessary. The Court will notify you if a hearing will be held.
Motions in limine must be limited to matters actually in dispute.
A motion in limine must be confined to matters actually in dispute.
Page 12 | Motions Practice
Ordinarily, the Court does not hold hearings on civil motions. However, should you believe a hearing is warranted, you should make such a request in the opening paragraph of your motion or response with an explanation as to why the hearing is necessary. The Court will notify you if a hearing will be held.
Ordinarily, the Court does not hold hearings on civil motions. However, should you believe a hearing is warranted, you should make such a request in the opening paragraph of your motion or response with an explanation as to why the hearing is necessary. The Court will notify you if a hearing will be held.
Adjournment & Extension Requirements
You must make any request for a continuance in writing as early as possible, and you must confer with opposing counsel prior to filing the motion.
You must make any request for a continuance in writing as early as possible, and you must confer with opposing counsel prior to filing the motion.
Trial date modification requests must be in writing with opposing counsel conference required.
Any request that a trial date be modified must be made in writing. The party seeking the continuance must confer with the opposing side. If there is an agreement, the Court usually approves a continuance. If there is no agreement, the Court holds a hearing.
Page 12 | Hearing and Trial Procedures
Requests to modify trial dates must be made in writing.
Any request that a trial date be modified must be made in writing.
Page 12 | Motions Practice
Continuance requests must be in writing, made early, and after conferring with opposing counsel.
You must make any request for a continuance in writing as early as possible, and you must confer with opposing counsel prior to filing the motion.
Deadline modifications require good cause showing.
Further, the parties may request a modification of the Court’s exemplary deadlines set forth in Appendix A, which the Court may grant only upon a showing of good cause. The good cause standard requires a particularized showing that the exemplary deadlines set forth in Appendix A cannot reasonably be met despite the diligence of the party seeking the extension.
Page 3 | REPORT OF PARTIES’ PLANNING MEETING
Extension of one deadline does not extend subsequent deadlines.
Unless specifically ordered by the Court, an extension of time to comply with any one of the time limits in the Scheduling Order does not extend the time to comply with subsequent time limits.
Page 3 | REPORT OF PARTIES’ PLANNING MEETING
Complaint answer extensions require agreed motion; discovery extensions can be stipulated.
Extensions to answer a complaint require an agreed motion and proposed order. See Federal Rule of Civil Procedure 6. Otherwise, discovery extensions may be stipulated to between the parties without any need for court approval.
Failure to serve a defendant within 120 days will trigger a notice to show cause why the case or defendant should not be dismissed.
Failure to serve a defendant within 120 days will trigger a notice to show cause why the case or defendant should not be dismissed.
The parties may request deadline modifications, which the Court may grant only upon a showing of good cause.
Further, the parties may request a modification of the Court's deadlines set forth above, which the Court may grant only upon a showing of good cause.
Page 2 | Standing Order on Pretrial Deadlines
Unless the Court specifically orders otherwise, extending one deadline does not extend any subsequent deadline.
Unless specifically ordered by this Court, an extension of time to comply with any one of the time limits in this Order does not extend the time to comply with subsequent time limits.
Page 2 | Standing Order on Pretrial Deadlines
Good cause for an extension requires a particularized showing that the schedule cannot reasonably be met despite the requesting party’s diligence.
The good cause standard requires a particularized showing that the schedule to be established by this Standing Order cannot reasonably be met despite the diligence of the party seeking the extension.
Page 2 | Standing Order on Pretrial Deadlines
Yes.
Yes.
Page 11 | Motions Practice
Extensions to answer complaint require agreed motion; discovery extensions can be stipulated.
Extensions to answer a complaint require an agreed motion and proposed order. See Federal Rule of Civil Procedure 6. Otherwise, discovery extensions may be stipulated to between the parties without any need for court approval.
Chambers Communication Rules
Emergency contact: law clerk at (915) 534-6740 or courtroom deputy at (915) 834-0501.
Please call either a law clerk at (915) 534-6740 or the courtroom deputy at (915) 834-0501.
Emergency contact: law clerk (915) 534-6740 or courtroom deputy (915) 834-0501
Please call either a law clerk at (915) 534-6740 or the courtroom deputy at (915) 834-0501.
Page 1 | CIVIL CASES
For expedited relief: file with clerk, notify deputy, hand deliver to chambers, notify adverse party
After the motion has been filed with the Clerk’s office, notify the courtroom deputy and hand deliver a copy to Chambers. Use every reasonable effort to provide notice to the adverse party that the motion has been filed, and provide a copy of the motion to the opposing party by fax or electronic (e-mail) delivery.
Internet access requires advance arrangements and Wi-Fi End User Agreement.
Yes, there is Internet access, but arrangements must be made ahead of time. Attorneys must sign the Wi-Fi End User Agreement in order to access the Internet.
Page 10 | Facilities and Technology
All laptops in courtroom are subject to inspection.
All laptops being used in the courtroom are subject to inspection.
Page 10 | Facilities and Technology
Notify courtroom deputy and hand deliver copy to Chambers after filing expedited motion.
After the motion has been filed with the Clerk’s office, notify the courtroom deputy and hand deliver a copy to Chambers.
Must immediately notify court if motion is unopposed.
Not immediately notifying the Court that a motion is unopposed (or that portions of a motion are uncontested).
Parties cannot contact Court during depositions.
No.
Must immediately notify court when case is settled.
Not immediately notifying the Court that the case has been settled.
Parties may not contact Court during depositions
No.
Page 1 | CIVIL CASES
Internet access available but requires advance arrangements and signed Wi-Fi agreement.
Yes, there is Internet access, but arrangements must be made ahead of time. Attorneys must sign the Wi-Fi End User Agreement in order to access the Internet.
Page 10 | 23
All laptops used in courtroom are subject to inspection.
All laptops being used in the courtroom are subject to inspection.
Page 10 | 23
An attorney may address a procedural question that cannot be answered by the federal rules of procedure, local rules and standing orders, or the Judge’s scheduling order to the courtroom deputy. Please do not call the Judge’s staff to inquire about substantive issues.
An attorney may address a procedural question that cannot be answered by the federal rules of procedure, local rules and standing orders, or the Judge’s scheduling order to the courtroom deputy. Please do not call the Judge’s staff to inquire about substantive issues.
All transcript requests should be made to Walter Chiriboga at (915) 834-0553 or Walter_Chiriboga@txwd.uscourts.gov.
All transcript requests should be made to Walter Chiriboga at (915) 834-0553 or Walter_Chiriboga@txwd.uscourts.gov.
Page 10 | Facilities and Technology
Court uses Jury Evidence Recording System (JERS) for electronic evidence capture.
The Court uses Jury Evidence Recording System (JERS) which provides an efficient method of electronically capturing evidence as it is presented in court during trial.
Page 10 | Facilities and Technology
Court accepts faxes at (915) 534-6716.
Yes. The fax number is (915) 534-6716.
Contact courtroom deputy for expedited criminal hearing.
Contact the courtroom deputy at (915) 834-0501.
Attorneys may contact law clerks for procedural questions not covered by rules.
An attorney may address a procedural question that is not answered by the federal rules of procedure, local rules, or the Judge’s Standing Orders to the law clerks at (915) 534-6740. Please do not call the judge’s staff to inquire about substantive issues.
The courtroom deputy at (915) 834-0501.
The courtroom deputy at (915) 834-0501.
Electronic versions of jury instructions, verdict forms, and findings may be provided; contact law clerk for format.
Yes. The parties should contact the law clerk at (915) 534-6740.
Contact courtroom deputy or law clerk in emergencies.
Please call either the courtroom deputy at (915) 834-0501 or a law clerk at (915) 534-6740.
Notify law clerk at (915) 534-6740 when contested motion is resolved.
Yes, please contact a law clerk at (915) 534-6740 immediately upon resolution of a pending motion.
Electronic versions of jury instructions and verdict forms are permitted.
Yes. Please contact the law clerk at (915) 534-6740.
Contact the courtroom deputy.
Contact the courtroom deputy.
Notify law clerk immediately when contested motion is resolved
Yes, please contact a law clerk at (915) 534-6740 immediately upon resolution of a pending motion.
Page 1 | CIVIL CASES
Court accepts faxes at (915) 534-6716
Yes. The fax number is (915) 534-6716.
Page 1 | CIVIL CASES
Contact law clerk at (915) 534-6740 for scheduling questions
Please contact the Judge's law clerk at (915) 534-6740.
Page 1 | CIVIL CASES
Law clerks may be contacted for procedural questions not covered by rules
An attorney may address a procedural question that is not answered by the federal rules of procedure, local rules, or the Judge's Standing Orders to the law clerks at (915) 534-6740. Please do not call the judge's staff to inquire about substantive issues.
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Status conference held ~8 days before trial; motions in limine and exhibit objections heard then
Unless requested by a party with a showing of special need, the Judge does not conduct a preliminary pretrial conference or intermediate status conferences. A status conference is conducted approximately eight (8) days prior to the date that trial is expected to begin as set out in the Court's Scheduling Order. Motions in limine and objections to exhibits will be heard and ruled upon at that time.
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Cases assigned to district and magistrate judges; discovery routinely referred to magistrate
At the time a lawsuit is filed, the case is assigned to this district judge and a magistrate judge. The parties should advise the district clerk of their respective positions concerning transferring the case to a magistrate judge for jury or nonjury trial by consent, pursuant to 28 U.S.C. § 636(c). Discovery matters are routinely referred to the magistrate judge. Otherwise, pursuant to Local Rule, Appendix C, various pretrial matters regarding civil cases filed by prisoners and reviews of administrative agency proceedings (social security appeals) are referred to a magistrate judge.
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All transcript requests should be made to Walter Chiriboga at (915) 834-0553 or Walter_Chiriboga@txwd.uscourts.gov.
All transcript requests should be made to Walter Chiriboga at (915) 834-0553 or Walter_Chiriboga@txwd.uscourts.gov.
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Court uses JERS system to electronically capture and provide evidence to jury in deliberation room.
The Court uses Jury Evidence Recording System (JERS) which provides an efficient method of electronically capturing evidence as it is presented in court during trial. Upon completion of the trial presentations, the evidence is released in electronic form to the jury in the Jury Deliberation Room.
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Contact the courtroom deputy.
Contact the courtroom deputy.
Emergency contact: call courtroom deputy or law clerk
Please call either the courtroom deputy at (915) 834-0501 or a law clerk at (915) 534-6740.
Electronic versions of jury instructions, verdict forms, and proposed findings are permitted. Contact law clerk for format details.
Yes. Please contact the law clerk at (915) 534-6740.
The courtroom deputy at (915) 834-0501.
The courtroom deputy at (915) 834-0501.
Contact courtroom deputy for expedited hearing in criminal case
Contact the courtroom deputy at (915) 834-0501.