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Court Rules
Judge

Judge Robert Pitman

Individual Rules, Standing Orders & Policies

Rules last changed:
Western District of Texas

Limits & Logistics

Document Limits

Dispositive Motion
20 pgs
Cases:
Filters:

Page & Word Limits1 rule

Page LimitsCivil cases

Dispositive motions limited to 20 pages; responses limited to 20 pages; replies limited to 10 pages.

Page limit
Up to 20 pages
Reply
Up to 10 pages
Applies to
  • Dispositive motions

Court's wording

All dispositive motions shall be filed on or before ________________________ and shall be limited to 20 pages. Responses shall be filed and served on all other parties not later than 14 days after the service of the motion and shall be limited to 20 pages. Any replies shall be filed and served on all other parties not later than 7 days after the service of the response and shall be limited to 10 pages, but the Court need not wait for the reply before ruling on the motion.

Document Filing Requirements1 rule

Filing RequirementsCivil cases

Counsel must file AO Form 120 or 121 for patent/trademark/copyright cases at commencement.

Court's wording

It is ORDERED, at the commencement of the action, counsel filing such an action shall be responsible for the timely preparation and electronic filing of the Report on the Filing or Determination of an Action Regarding a Patent or Trademark, AO Form 120, using the Notice of Filing of Patent/Trademark Form event or Report on the Filing or Determination of an Action or Appeal Regarding a Copyright, AO Form 121, using the Notice of Copyright Form, AO Form 121, through this Court’s CM/ECF system.

standing-order-patent-cases-clean-version · Nov 2023 · p. 1
|SectionSTANDING ORDER REGARDING PATENT, TRADEMARK, AND COPYRIGHT CASES

Filing & Service rules

Filing Timing and Cure Windows

Daubert motions must be filed within 11 days of receiving expert report or within 11 days of expert deposition, whichever is later.

An objection to the reliability of an expert's proposed testimony under Federal Rule of Evidence 702 shall be made by motion, specifically stating the basis for the objection and identifying the objectionable testimony, within 11 days from the receipt of the written report of the expert's proposed testimony, or within 11 days from the completion of the expert's deposition, if a deposition is taken, whichever is later.

Civil cases

Page 2 | 6

If the parties resolve their dispute after 5:00 p.m. the day before jury selection or resolve their dispute earlier but fail to timely notify the Court, the parties may be assessed up to $5,000 for the lost opportunity to schedule other matters and to cover court costs like summoning the jury panel and paying the fees of the jury panel.

If the parties resolve their dispute after 5:00 p.m. the day before jury selection or resolve their dispute earlier but fail to timely notify the Court, the parties may be assessed up to $5,000 for the lost opportunity to schedule other matters and to cover court costs like summoning the jury panel and paying the fees of the jury panel.

Civil cases

Page 3 | Agreed Scheduling Order

Court may impose sanctions under FRCP 16(f) for untimely submissions under this order.

The Court may impose sanctions under Federal Rule of Civil Procedure 16(f) if the parties do not make timely submissions under this order.

Civil cases

Page 3 | Agreed Scheduling Order

Pre-Motion Conference Requirements

United States must simultaneously orally move for Court review when requesting magistrate judge stay of release

In order to abide by the statutory requirement in 18 U.S.C. § 3145(a) for the Court to “determine[] promptly” motions filed under this statute, IT IS ORDERED that, upon the United States’s oral motion for the magistrate judge to stay a defendant’s release, the United States shall simultaneously orally move for this Court to review the magistrate judge’s release order. An oral motion of this type will be considered as properly “fil[ing]” the motion under 18 U.S.C. § 3145.

Criminal cases

Page 1 | STANDING ORDER REGARDING THIS COURT’S REVIEW OF RELEASE ORDERS

Responses shall be filed and served on all other parties not later than 14 days after the service of the motion and shall be limited to 20 pages. Any replies shall be filed and served on all other parties not later than 7 days after the service of the response and shall be limited to 10 pages, but the Court need not wait for the reply before ruling on the motion.

Responses shall be filed and served on all other parties not later than 14 days after the service of the motion and shall be limited to 20 pages. Any replies shall be filed and served on all other parties not later than 7 days after the service of the response and shall be limited to 10 pages, but the Court need not wait for the reply before ruling on the motion.

Civil cases

Page 2 | 8

Adjournment & Extension Requirements

Parties may modify deadlines by agreement except for dispositive motions deadline, hearing dates, and trial date, which are firm.

The parties may modify the deadlines in this order by agreement, with the exception of the dispositive motions deadline, hearing dates, and trial date. Those dates are firm.

Civil cases

Page 3 | Agreed Scheduling Order

Chambers Communication Rules

Clerk must notify Court chambers same day of motion under 18 U.S.C. § 3145(a)

IT IS FURTHER ORDERED that, upon the United States’s motion under 18 U.S.C. § 3145(a), the Clerk of Court shall—on that same day—notify the chambers of this Court of the motion.

Criminal cases

Page 1 | STANDING ORDER REGARDING THIS COURT’S REVIEW OF RELEASE ORDERS

About United States District Judge Robert Pitman

U.S. District Judge Robert Pitman serves in the Western District of Texas, Austin Division.

No additional biographical information is published on the court website.

Courthouse: 501 West 5th Street, Suite 5300, Austin, TX 78701

Chambers Staff

  • Courtroom Deputy: Ms. Julie Golden, (512) 391-8704
  • Court Reporter: Ms. Lily Reznik
Common questions about Judge Robert Pitman's rules

Does Judge Robert Pitman require a pre-motion conference or letter before filing a motion?

United States must simultaneously orally move for Court review when requesting magistrate judge stay of release

View ruleSource: page 1, section STANDING ORDER REGARDING THIS COURT’S REVIEW OF RELEASE ORDERS

What page or word limits apply to dispositive motion before Judge Robert Pitman?

Judge Robert Pitman's rule states these limits: 20 pages; 20 pages; 10 pages. Dispositive motions limited to 20 pages; responses limited to 20 pages; replies limited to 10 pages.

View ruleSource: page 2, section 8

What must be included with patent trademark copyright case filings before Judge Robert Pitman?

Counsel must file AO Form 120 or 121 for patent/trademark/copyright cases at commencement.

View ruleSource: page 1, section STANDING ORDER REGARDING PATENT, TRADEMARK, AND COPYRIGHT CASES

How may parties contact Judge Robert Pitman's chambers?

Clerk must notify Court chambers same day of motion under 18 U.S.C. § 3145(a)

View ruleSource: page 1, section STANDING ORDER REGARDING THIS COURT’S REVIEW OF RELEASE ORDERS

How do I request an adjournment or extension before Judge Robert Pitman?

Parties may modify deadlines by agreement except for dispositive motions deadline, hearing dates, and trial date, which are firm.

View ruleSource: page 3, section Agreed Scheduling Order

What filing deadlines does Judge Robert Pitman set?

Daubert motions must be filed within 11 days of receiving expert report or within 11 days of expert deposition, whichever is later.

View ruleSource: page 2, section 6
Complete rules summary for Judge Robert Pitman

Counsel must file AO Form 120 or 121 for patent/trademark/copyright cases at commencement.

Clerk must notify Court chambers same day of motion under 18 U.S.C. § 3145(a)

United States must simultaneously orally move for Court review when requesting magistrate judge stay of release

Dispositive motions limited to 20 pages; responses limited to 20 pages; replies limited to 10 pages.

Responses shall be filed and served on all other parties not later than 14 days after the service of the motion and shall be limited to 20 pages. Any replies shall be filed and served on all other parties not later than 7 days after the service of the response and shall be limited to 10 pages, but the Court need not wait for the reply before ruling on the motion.

Daubert motions must be filed within 11 days of receiving expert report or within 11 days of expert deposition, whichever is later.

Parties may modify deadlines by agreement except for dispositive motions deadline, hearing dates, and trial date, which are firm.

If the parties resolve their dispute after 5:00 p.m. the day before jury selection or resolve their dispute earlier but fail to timely notify the Court, the parties may be assessed up to $5,000 for the lost opportunity to schedule other matters and to cover court costs like summoning the jury panel and paying the fees of the jury panel.

Court may impose sanctions under FRCP 16(f) for untimely submissions under this order.

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