Judge Miguel A. Torres
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Page & Word Limits2 rules
3. A short statement of the nature of the case (one page or less), including a description of all claims and all defenses;
- Page limit
- Up to 1 page
For jury trials, the claims-or-defenses statement for voir dire may be no longer than one-half page and must be double-spaced.
- Claims or defenses statement
- Up to 1 page
- Format
- Double-spaced
Court's wording
(2) In cases to be tried to a jury, 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 \( \frac{1}{2} \) page with type double-spaced.
Document Filing Requirements19 rules
Additionally, within forty-five (45) days after the appearance of any defendant, which includes the filing of a notice of removal, the parties shall jointly develop and file a Case Management Report.
The report shall contain the following information in separately numbered paragraphs:
The document shall indicate if, and where, there is a disagreement between or among the parties and shall set forth the parties' positions on the matter.
Exhibit identifications and objections required by CV-16(f)(2) must be incorporated with the CV-16(e)(4) exhibit information.
Court's wording
Regarding the identification of, and objections to, exhibits, the information required by Local Court Rule CV-16(f)(2) shall be incorporated with the presentation of information required by Local Court Rule CV-16(e)(4).
(3) A list of stipulated facts.
Include
- •A list of stipulated facts
(1) A list of questions the party desires the court to ask prospective jurors.
(4) An appropriate identification of each exhibit as specified in this rule (except those to be used for impeachment only), separately identifying those that the party expects to offer and those that the party may offer if the need arises.
(1) A list disclosing any objections to the use under Rule 32(a) of deposition testimony designated by the other party.
The following information shall be filed by each party separately: Local Court Rule CV-16(e)(1) and (e)(7)-(9).
(2) A list disclosing any objection, together with the grounds therefore, that may be made to the admissibility of any exhibits. 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.
(8) In nonjury trials, Proposed Findings of Fact and Conclusions of Law.
(5) The name and, if not previously provided, the address and telephone number of each witness (except those to be used for impeachment only), separately identifying those whom the party expects to present and those whom the party may call if the need arises.
(10) An estimate of the probable length of trial.
(7) Proposed jury instructions and verdict forms.
Include
- •Proposed jury instructions and verdict forms
(6) The name of those witnesses whose testimony is expected to be presented by means of a deposition and designation by reference to page and line of the testimony to be offered (except those to be used for impeachment only) and, if not taken stenographically, a transcript of the pertinent portions of the deposition testimony.
The Standing Order applies to civil actions in the Court, except cases exempted from Rule 26 initial disclosure—including pro se prisoner civil-rights cases—and cases exempted by Local Court Rule CV-16(b).
Court's wording
The following Standing Order shall control the course of any civil action commenced in, transferred to,¹ or referred to, this Court, except those types of cases specifically exempted from initial disclosure under Federal Rule of Civil Procedure 26, specifically to include pro se prisoner civil rights cases, as well as the types of cases specifically exempted in Local Court Rule CV-16(b).
¹ If a scheduling order has been entered in the case prior to the case being transferred to this Court, the parties need not submit a proposed scheduling order. The Court will attempt to maintain the existing scheduling order. In such cases, however, the parties shall comply with the remainder of this Standing Order within the timeframe set beginning from the date the case was transferred to this Court.
The Standing Order does not apply when the judge is referred the case only for pretrial matters; the parties must follow the presiding judge’s procedures and deadlines instead.
Court's wording
This Standing Order does not apply to civil cases for which the undersigned is a referral judge. That is, this Standing Order does not apply to a case that is referred to the undersigned for pretrial matters but not to preside over the jury trial. In such cases, the parties shall adhere to the presiding judge's Local Court Rule CV-16(e)-(f) procedures and deadlines.
The following Standing Order shall control the filing of pretrial filings prescribed by Local Court Rule CV-16(e)-(f) in all civil cases before this Court to be tried before a jury.
Filing & Service rules
Filing Timing and Cure Windows
Unless the Court orders otherwise, the required pretrial information must be filed at least 14 days before jury selection.
Unless otherwise ordered by the Court, the parties shall file the information required by Local Court Rule CV-16(e)-(f) no later than fourteen (14) days prior to the date of jury selection.
Civil cases
Page 1 | ALL CIVIL CASES
Filing Bundling Requirements
The parties must jointly complete one document containing the specified information, obtain signatures from participating parties or authorized representatives, and have the plaintiff file it.
The following information shall be completed jointly by the parties in one document, signed by the participating parties or authorized representatives, and filed into the record by the plaintiff: Local Court Rule CV-16(e)(2)-(6), (e)(10) & (f)(1)-(2) (reproduced below).
Civil cases
Page 1 | I. INFORMATION TO BE FILED JOINTLY
Pre-Motion Conference Requirements
Within 45 days after a defendant appears, the parties must confer under Rule 26(f) and then file a proposed scheduling order in the required form.
Within forty-five (45) days after the appearance of any defendant, which includes the filing of a notice of removal, the parties shall confer in accordance with Rule 26(f) of the Federal Rules of Civil Procedure, and thereafter file a proposed scheduling order in the form required by Local Court Rule CV-16 of the Local Rules for the United States District Court for the Western District of Texas.
Page 1 | STANDING ORDER ON PRETRIAL DEADLINES