Judge Orlando L. Garcia
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Upon request
Courtesy copies
- Upon request
Adjournments
- No.
- Dispositive motions ruled on as soon as possible.
- Depends on circumstances; contact Natasha Martinez, Courtroom Deputy, if this occurs. Our goal is to get the dispositive motions ruled on prior to the deadline for filing pretrial materials.
- +3 more
Request must include
Communication
Chambers
Phone
Chambers
Page & Word Limits5 rules
Court allows 20 pages for motions/briefs/responses and 10 pages for replies without leave.
Court's wording
Does the court depart from the page limits contained in the local rules? If so, by standing order or is a motion for leave of court and order required? Court allows 20 pages for motions, briefs and responses without leave of court, and 10 pages for replies without leave of court.
Submissions shall comply with Local Court Rule CV-7 absent leave of court.
Yes, motion and order for leave of court is required.
Objections to magistrate judge recommendations limited to 20 pages for dispositive motions.
- Objection
- Up to 20 pages
Exception
More pages with leave of court
Court's wording
Objections to magistrate judge recommendations must comply with the same page limits; e.g., if the recommendation relates to a dispositive motion, the objections (and any response thereto) shall be limited to 20 pages without leave of Court.
Typically 15-20 minutes. Depends on the complexity of the case.
Document Format Requirements2 rules
Courtroom decorum rules prohibit gum, active cell phones, and beverages at counsel tables without approval; require standing when addressing court; specify lectern use and permission requirements.
Formatting
- •No chewing gum
- •No active cell phone use
- •Question witnesses from lectern
- •Dress consistent with court decorum
- •Stand when addressing court
Court's wording
No chewing gum, no active cell phone use, and no beverages at counsel tables unless approved by the court. Counsel will question the witnesses from the lectern. Request permission to approach a witness or the bench. Do not approach the lectern or walk behind opposing counsel when opposing counsel is conducting direct or cross examination. Dress consistent with court decorum rules. Anyone addressing the court must stand.
8:30 a.m. - 5:30 p.m. Two 15 min. breaks during the day. One hour for lunch. If the case runs behind schedule, the lunch break may be cut short and we may work past 5:30 p.m.
Formatting
- •Two 15-minute breaks during day
- •One hour for lunch
Document Filing Requirements20 rules
Any Rule 12(b)(6) Motion filed without this Certificate of Conference will be stricken.
The Rule 12(b)(6) Motion must include a Certificate of Conference expressly stating that the Defendant complied with this process and noting that the Plaintiff did not timely amend its pleading.
- Document
- Rule 12(b)(6) motion
Must include
- •Certificate of conference
The Court may strike any non-dispositive motions that do not include a Certificate of Conference. See W.D. Tex. R. CV-7(g).
- Document
- Non-dispositive motion
Include
- •Certificate of conference
What is the court's procedure for requests for modification of scheduling orders? Parties shall file a motion with a proposed order.
- Document
- Motion
Must include
- •Proposed order
What is the court's procedure for issuance of scheduling orders in civil cases? Parties are to file a Joint Proposed Scheduling Order. If a Joint Proposed Scheduling Order is not submitted, the court will issue a scheduling order.
All discovery and dispositive motions. Preferably in the title of the motion, as well as a certificate of the conference held at the end of the motion.
- Document
- Motion
Include
- •Certificate of conference
Communicated in writing to the Probation Officer only.
Yes. Please be specific as to the material you are seeking. Include a certificate of conference.
Include
- •Certificate of conference
Does the court accept briefing on motions beyond the motion, response, and reply? If so, is a motion for leave of court and order required? Yes, motion and order for leave of court is required.
Defense counsel must coordinate defendant's appropriate attire with U.S. Marshals before trial; jail clothing is unacceptable.
Court's wording
It is defense counsel’s responsibility to coordinate, prior to jury selection and/or trial, with the U.S. Marshals office or the Marshal's designee regarding the appropriate attire for a defendant to wear to court. It is unacceptable to this court for a defendant to appear in their jail clothing for jury selection and/or trial. Defense counsel is responsible for contacting family members or whomever they need to contact to assure this requirement is met.
Yes, page/line designations and excerpts must be submitted with pretrial materials.
Must include
- •Excerpts
- •Page line designations
Motions without a certificate of conference or proposed order.
Yes. Within 24 hours of being presented at trial.
Yes. Motions should contain specific and detailed factual allegations, and not general assertions. Refer to the applicable law.
Only in very complicated cases. The proposed questionnaire should be submitted to the court as soon as possible.
Does the court require that the parties in civil cases file their initial disclosures? No, pursuant to the Federal Rules of Civil procedure the parties are to exchange them.
All exhibits are returned to the parties once the trial has ended. An exhibits receipt is signed by the appropriate party.
- Document
- Exhibits
Include
- •Exhibit receipt
Only if the court specifically requests. If such a request is made, the court will advise regarding the format to be used.
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies only when specifically requested.
When (if ever) does the court want a courtesy copy of a filing? Only when specifically requested.
Civil cases
Page 13 | Motions Practice
Courtesy copies only when specifically requested.
Only when specifically requested.
Civil cases
Sealing & Redaction Procedures
Sealing requires motion with authority; redaction preferred over sealing.
Generally, the Court disfavors motions to maintain filings under seal and expects parties to draft such submissions in a manner that does not disclose confidential information. W.D. Tex. R. CV-5.2(b). 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 citations to authority in support of filing under seal. The item will be admitted under seal if the court deems such filing to be necessary.
Civil cases
Page 2 | GENERAL
Pre-Motion Conference Requirements
Witnesses must testify remotely via motion filed at least 7 business days prior, with equipment testing and technical support coordinated.
Parties seeking to have a witness testify at an evidentiary hearing or trial via Zoom or other remote means must file a motion seeking the court’s permission, and stating the reasons why the witness cannot testify in person, at least seven business days prior to the commencement of the hearing or trial. If the court grants permission, counsel will be responsible for contacting Natasha Martinez to coordinate a time in advance of the hearing or trial to test equipment. Counsel will also be responsible for providing the witness with copies of any non-admitted exhibits counsel anticipates offering and ensuring that the witness is provided appropriate technical support during their testimony.
Civil cases
Standing order governs additional motion rules.
Yes. See Standing Order in Civil Cases Assigned to Judge Garcia.
Civil cases
Summary judgment motions disfavored in FTCA and bench trial cases; limited to legal issues.
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). Consequently, the basis for any motion for summary judgment in these cases should be restricted to purely legal issues (e.g., whether a legal duty exists, the affirmative defense of statute of limitations, or failure to exhaust administrative remedies).
Civil cases
Page 2 | FEDERAL TORT CLAIMS ACT AND BENCH TRIALS
Motion required 7 business days before trial for remote witness testimony.
Parties seeking to have a witness testify at an evidentiary hearing or trial via Zoom or other remote means must file a motion seeking the court’s permission, and stating the reasons why the witness cannot testify in person, at least seven business days prior to the commencement of the hearing or trial.
Civil cases
Adjournment & Extension Requirements
Motion and proposed order required for continuing criminal trials; file as soon as possible; unopposed motions ruled immediately.
Motion and proposed order required. File motion as soon as possible. If motion is unopposed, the court will rule immediately otherwise the court may wait for other side to respond.
Civil cases
Page 16 | Trial Procedures
Motion and proposed order required for trial continuances; file as soon as possible.
Motion and proposed order required. File motion as soon as possible. If motion is unopposed, the court will rule immediately; otherwise, the court may wait for the opposing party to respond.
Civil cases
Depends on circumstances; contact Natasha Martinez, Courtroom Deputy, if this occurs. Our goal is to get the dispositive motions ruled on prior to trial.
Depends on circumstances; contact Natasha Martinez, Courtroom Deputy, if this occurs. Our goal is to get the dispositive motions ruled on prior to trial.
Civil cases
Page 16 | Trial Procedures
No.
No.
Civil cases
Depends on circumstances; contact Natasha Martinez, Courtroom Deputy, if this occurs. Our goal is to get the dispositive motions ruled on prior to the deadline for filing pretrial materials.
Depends on circumstances; contact Natasha Martinez, Courtroom Deputy, if this occurs. Our goal is to get the dispositive motions ruled on prior to the deadline for filing pretrial materials.
Civil cases
Dispositive motions ruled on as soon as possible.
The court rules on dispositive motions as soon as possible.
Civil cases
Chambers Communication Rules
Call Natasha Martinez for emergencies.
How does the court prefer attorneys to contact the court in an emergency? Call Natasha Martinez, Courtroom Deputy, (210) 472-6550 Ext. 5020 or Natasha_Martinez@txwd.uscourts.gov.
Civil cases
Page 1 | Contacting the Court
Parties cannot contact the court during depositions.
May parties contact the court during depositions? No.
Civil cases
Page 1 | Contacting the Court
File motion for expedited hearing, then contact Natasha Martinez.
What procedures should be followed to request an expedited hearing in a civil case? File a motion requesting an expedited hearing, then contact Natasha Martinez, Courtroom Deputy.
Civil cases
Page 2 | Contacting the Court
In emergencies, call or email Courtroom Deputy Natasha Martinez.
How does the court prefer attorneys to contact the court in an emergency? Call Natasha Martinez, Courtroom Deputy, (210) 472-6550 Ext. 5020 or Natasha_Martinez@txwd.uscourts.gov.
Civil cases
Counsel must address court from lectern.
The lectern.
Civil cases
No chewing gum, no active cell phone use, and no beverages at counsel tables unless approved by the court. Counsel will question the witnesses from the lectern. Request permission to approach a witness or the bench. Do not approach the lectern or walk behind opposing counsel when opposing counsel is conducting direct or cross examination. Dress consistent with court decorum rules. Anyone addressing the court must stand.
No chewing gum, no active cell phone use, and no beverages at counsel tables unless approved by the court. Counsel will question the witnesses from the lectern. Request permission to approach a witness or the bench. Do not approach the lectern or walk behind opposing counsel when opposing counsel is conducting direct or cross examination. Dress consistent with court decorum rules. Anyone addressing the court must stand.
Civil cases
Law clerks cannot be contacted directly except in emergencies.
May the court's law clerks be contacted directly? If so, under what circumstances? No. Exception: Only in an emergency when Courtroom Deputy, Natasha Martinez, cannot be reached.
Civil cases
Page 1 | Contacting the Court
Do not contact court about motion status unless circumstances change.
Is it permissible to contact the court regarding the status of motions in a civil case? If so, should the law clerk or the courtroom deputy be contacted? No, unless there has been a change of circumstances; if that occurs contact Natasha Martinez, Courtroom Deputy.
Civil cases
Page 2 | Contacting the Court
The parties should notify the court ahead of time of a circumstance such as this. Contact Natasha Martinez, Courtroom Deputy.
The parties should notify the court ahead of time of a circumstance such as this. Contact Natasha Martinez, Courtroom Deputy.
Civil cases
Page 16 | Trial Procedures
Lawyers should not call chambers to request the status of motions.
Lawyers should not call chambers to request the status of motions.
Civil cases
Law clerks cannot be contacted directly except in emergencies when deputy is unreachable.
May the court's law clerks be contacted directly? If so, under what circumstances? No. Exception: Only in an emergency when Courtroom Deputy, Natasha Martinez, cannot be reached.
Civil cases
Court recommends early arrival or scheduling visit to test technology.
The court highly recommends arriving early or scheduling a visit to ensure all technology is functional in the room prior to a given proceeding.
Civil cases
In criminal cases, call Courtroom Deputy to check motion status.
Is it permissible to contact the court regarding the status of motions in a criminal case? If so, should the law clerk or the courtroom deputy be contacted? Yes. Call Natasha Martinez, Courtroom Deputy.
Civil cases
Lawyers should not call chambers to request the status of motion. Motions without a certificate of conference or proposed order. Excessive discovery disputes. Courtesy copies. Trials/hearings unnecessarily delayed because of the parties’ failure to confer with each other or the court.
Lawyers should not call chambers to request the status of motion. Motions without a certificate of conference or proposed order. Excessive discovery disputes. Courtesy copies. Trials/hearings unnecessarily delayed because of the parties’ failure to confer with each other or the court.
Civil cases
May the court be contacted by e-mail or fax? If so, what is the address or number? You may contact Natasha Martinez, Courtroom Deputy, by email Natasha_Martinez@txwd.uscourts.gov.
May the court be contacted by e-mail or fax? If so, what is the address or number? You may contact Natasha Martinez, Courtroom Deputy, by email Natasha_Martinez@txwd.uscourts.gov.
Civil cases
Page 1 | Contacting the Court
No.
No.
Civil cases
Contact Natasha Martinez to arrange technology use.
Contact Natasha Martinez, Courtroom Deputy, prior to date needed.
Civil cases
Attorneys may use internet during trial; contact Natasha Martinez for access.
Yes; attorneys may use the internet during trial if necessary. For information on access contact Natasha Martinez, Courtroom Deputy at (210) 472-6550 Ext. 5020 or Natasha_Martinez@txwd.uscourts.gov.
Civil cases
May the court be contacted by e-mail or fax? If so, what is the address or number? You may contact Natasha Martinez, Courtroom Deputy, at Natasha_Martinez@txwd.uscourts.gov.
May the court be contacted by e-mail or fax? If so, what is the address or number? You may contact Natasha Martinez, Courtroom Deputy, at Natasha_Martinez@txwd.uscourts.gov.
Civil cases
File expedited motion, then contact Courtroom Deputy.
What procedures should be followed if a party expects to be filing a motion for expedited relief? File the motion, then contact Natasha Martinez, Courtroom Deputy.
Civil cases
Parties may bring own equipment; contact Natasha Martinez to arrange.
Yes. Contact Natasha Martinez, Courtroom Deputy, prior to date needed.
Civil cases
File motion for expedited hearing, then contact Courtroom Deputy.
What procedures should be followed to request an expedited hearing in a criminal case? File a motion requesting an expedited hearing, then contact Natasha Martinez, Courtroom Deputy.
Civil cases