Western District of Texas Adjournment & Extension Requirements

CRITICAL

Court automatically grants unopposed or agreed extension requests meeting specified conditions, which must be filed as a notice or stipulation rather than a motion.

In all cases pending before the undersigned, henceforth, the Court automatically grants any request to extend a deadline or to amend a scheduling order, provided that (1) such request is unopposed or agreed to between the parties, (2) such request does not change the date of any hearing, trial, or other Court date, (3) such request does not extend any deadline of a final submission that affects the Court’s ability to hold a scheduled hearing, trial, or Court event, and (4) such request does not extend the deadline to answer or otherwise respond to a complaint more than 45 days from the original answer date. Extensions for final submission deadlines at least one month before a scheduled hearing, trial, or Court event will not affect the Court. The parties are ORDERED to file any such request as a notice or stipulation to the Court, instead of a motion.

CRITICALCivil cases

If parties settle, they must promptly notify the Court and request a stay of deadlines.

Parties shall promptly notify the Court if they reach a settlement in a case and request to stay any deadlines.

CRITICALCivil cases

Trial dates will be continued only in extreme situations, and parties must contact the Court’s law clerk to seek a continuance.

After the trial date is set, the Court will not move the trial date except in extreme situations. If a party believes that the circumstances warrant continuing the trial date, the parties are directed to contact the Court’s law clerk.

CRITICALCivil cases

Trial date continuances only permitted in extreme situations; parties must contact the Court’s law clerk to request.

After the trial date is set, the Court will not move the trial date except in extreme situations. If a party believes that the circumstances warrant continuing the trial date, the parties are directed to contact the Court’s law clerk.

CRITICALCivil cases

Response to discovery dispute summary due in 3 business days

The responding party has 3 business days thereafter to provide an email response, also not to exceed 500 words for one issue or a combined 1,000 words for multiple issues.

CRITICALCivil cases

Extensions of response to Complaint up to 45 days allowed if parties agree; extensions beyond 45 days require a motion.

The Court is generally willing to extend the response to the Complaint up to 45 days if agreed by the parties. Extensions beyond 45 days from the original answer date are disfavored and require a motion.

CRITICALCivil cases

Plaintiff response due 2 weeks after venue discovery completion; defendant reply due 2 weeks after response.

The deadline for plaintiff's response is 2 weeks after the completion of venue or jurisdictional discovery. The deadline for Defendant's reply is 2 weeks after the filing of the response.

CRITICALCivil cases

Motion to transfer must be filed within 3 weeks of CMC or 8 weeks of service, whichever is later.

A motion to transfer anywhere shall be filed within 3 weeks after the CMC or within 8 weeks of receiving or waiving service of the complaint, whichever is later. Thereafter, a movant must show good cause for any delay and seek leave of court.

CRITICALCivil cases

After the transfer-motion deadline passes, a late filer must seek leave of court and show good cause.

Deadline to file a motion to transfer. After this deadline, movants must seek leave of Court and show good cause for the delay.

CRITICALCivil cases

Motion for transfer must be filed within 8 weeks of service/waiving service or 3 weeks after CMC (whichever later); extensions require leave and good cause.

8 weeks after receiving or waiving service of complaint, or 3 weeks after the CMC, whichever is later. Deadline to file a motion for transfer. After this deadline, movants must seek leave of Court and show good cause for the delay.

CRITICALCivil cases

Non-discovery extensions and continuances require a showing of actual diligence and extraordinary cause; joint motion is insufficient.

Extensions of non-discovery deadlines and continuances of proceedings will not be granted, even upon joint motion, absent a showing of actual diligence and extraordinary cause.

CRITICALCivil cases

Parties should promptly move for a continuance when its need becomes apparent, stating the reason, whether it is unopposed, and the time requested.

The parties should file a motion for continuance as soon as it becomes apparent a continuance is required. It must state the reason for the continuance, whether or not it is unopposed and the length of time required.

CRITICALCivil cases

A motion to continue should be filed as early as possible and show good cause; the court will rule as soon as practicable.

A motion to continue should be filed at the earliest date possible and should show good cause for the continuance. The Court will rule as soon as practicable.

CRITICALCivil cases

File a motion to modify a scheduling-order deadline before the deadline expires.

A motion requesting the modifications should be filed prior to the expiration of the deadline(s) sought to be extended or modified.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICAL

Requests to modify trial dates must be made in writing.

Any request that a trial date be modified must be made in writing.

CRITICAL

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Failure to serve a defendant within 90 days will trigger a notice to show cause why the case or defendant should not be dismissed.

Failure to serve a defendant within 90 days will trigger a notice to show cause why the case or defendant should not be dismissed.

CRITICALCivil cases

Trial date modification requests must be in writing with opposing counsel conference.

Any request that a trial date be modified must be made in writing. The opposing side must be conferred with regarding the continuance of a trial. If there is an agreement, the Court normally approves a continuance. If there is no agreement, a response indicating the grounds for opposition should be filed.

CRITICALCivil cases

Dispositive motions ruled on as far in advance as possible; trial continued if not addressed.

As far in advance as possible, but if the court cannot address the motion, it will usually continue the trial setting.

CRITICALCivil cases

Trial date modification requests must be in writing before discovery deadline.

Any request that a trial date be modified must be made in writing to the judge before the deadline for completion of discovery.

CRITICALCivil cases

Yes.

Yes.

CRITICALCivil cases

Trial continuance requests must be in writing with opposing counsel conference; hearing if no agreement.

Any request that a trial date be modified must be made in writing. The opposing side must be conferred with regarding the continuance of a trial. If there is an agreement, the Court normally approves a continuance. If there is no agreement, a hearing is held.

CRITICALCivil cases

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 Fed. R. Civ. P. 6. Otherwise, discovery extensions may be stipulated to between the parties without any need for court approval.

CRITICALCivil cases

Extensions or continuances must be requested as soon as need is known, supported by good cause.

4. Counsel input regarding the discovery period, extensions, trial date, etc. Counsel participate in preparing the case schedule. Once a scheduling order has been entered, counsel are expected to comply with the deadlines or seek timely relief therefrom supported by good cause. Any extension of any deadline and any continuance should be requested as soon as the need for that relief is known.

CRITICAL

A motion for continuance in a civil trial should be filed as soon as possible. In the motion, please include whether the continuance is unopposed or opposed, the reason(s) for the requested continuance, and the length of additional time requested.

A motion for continuance in a civil trial should be filed as soon as possible. In the motion, please include whether the continuance is unopposed or opposed, the reason(s) for the requested continuance, and the length of additional time requested.

CRITICALCivil cases

I ask that counsel file a motion for continuance in a civil trial as soon as possible. In the motion, please include whether the continuance is unopposed or opposed, the reason(s) for the requested continuance, and the length of additional time requested.

I ask that counsel file a motion for continuance in a civil trial as soon as possible. In the motion, please include whether the continuance is unopposed or opposed, the reason(s) for the requested continuance, and the length of additional time requested.

CRITICALCivil cases

No.

No.

CRITICALCivil cases

Must comply with court-set deadlines.

Not abiding by deadlines set out by the Court.

CRITICALCivil cases

A motion to continue should be filed at the earliest date possible and should show good cause for the continuance. The court will rule as soon as practicable.

A motion to continue should be filed at the earliest date possible and should show good cause for the continuance. The court will rule as soon as practicable.

CRITICALCivil cases

Motion for continuance must be filed before pretrial submission deadlines; late motions require showing good cause except in emergencies.

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.

CRITICALCivil cases

Continuance motions must be filed before pretrial deadlines; late motions may require hearing.

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.

CRITICALCivil cases

Yes.

Yes.

CRITICALCivil cases

40. What is the court’s general procedure for continuing civil trials? How early does the court want the request made and how early will the court rule on such a request? No set procedure. Parties should notify the Court as soon as they are aware of a need to continue the trial date.

40. What is the court’s general procedure for continuing civil trials? How early does the court want the request made and how early will the court rule on such a request? No set procedure. Parties should notify the Court as soon as they are aware of a need to continue the trial date.

CRITICALCivil cases

No.

No.

CRITICALCivil cases

Extensions of time that do not affect other pretrial dates may be granted by stipulation filed with the court without a motion and order.

34. Does the court permit the parties in civil cases to agree to extensions of time by stipulation filed with the court, rather than by motion and order, where the extension will not affect other pretrial dates? E.g., an extension to answer the complaint or to respond to written discovery. Yes.

CRITICALCivil cases

No set procedure. Parties should notify the Court as soon as they are aware of a need to continue the trial date.

No set procedure. Parties should notify the Court as soon as they are aware of a need to continue the trial date.

WARNINGCivil cases

Complaint response extensions up to 45 days are generally allowed by party agreement, while extensions beyond 45 days are disfavored and require a motion.

The Court is generally willing to extend the response to the Complaint up to 45 days if agreed by the parties. Extensions beyond 45 days from the original answer date are disfavored and require a motion.

WARNINGCivil cases

If a motion to transfer remains pending, the Court will either promptly resolve the pending motion before the Markman hearing, or postpone the Markman hearing.

If a motion to transfer remains pending, the Court will either promptly resolve the pending motion before the Markman hearing, or postpone the Markman hearing.

WARNINGCivil cases

Parties may agree to extend discovery deadlines if they notify the court in writing and the extension does not affect subsequent deadlines; the court may reject the extension.

The parties generally may agree to extend discovery deadlines, including the close of discovery, provided that the extension does not affect any subsequent deadlines and the parties notify the Court in writing. The Court retains the right to reject an agreed extension of a discovery deadline.

WARNINGCivil cases

After a trial date is set, the Court will move it only in extreme situations; parties who believe a continuance is warranted should contact the Court's law clerks.

6. After the trial date is set, the Court will not move the trial date except in extreme situations. If a party believes that the circumstances warrant a continuance, the parties should contact the Court's law clerks.

WARNINGCivil cases

The Court may extend the response to the Complaint by up to 45 days if the parties agree; longer extensions are disfavored and require a motion.

2. The Court may extend the response to the Complaint up to 45 days if agreed by the parties. Extensions beyond 45 days from the filing the original Answer are disfavored and require a motion.

WARNINGCivil cases

No.

No.

WARNINGCivil cases

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNINGCivil cases

No.

No.

WARNINGCivil 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.

WARNINGCivil 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.

WARNINGCivil cases

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.

WARNINGCivil cases

After entry of a scheduling order, counsel must meet deadlines or seek timely relief supported by good cause, and should request extensions or continuances as soon as the need is known.

Once a scheduling order has been entered, counsel are expected to comply with the deadlines or seek timely relief therefrom supported by good cause. Any extension of any deadline and any continuance should be requested as soon as the need for that relief is known.

WARNINGCivil cases

Parties should file an agreed motion for extensions of time, even if the extension does not affect other pretrial dates.

It’s best for the parties in civil cases to agree to extensions of time by filing an agreed motion, even if the extension doesn’t affect other pretrial dates.

WARNINGCivil cases

Extension motions filed at the last minute or after deadlines have expired are disfavored.

Even agreed motions can be denied. Extension motions filed at the last minute or after deadlines have expired are disfavored.

WARNINGCivil cases

A continuance must be requested by filing a motion.

If you need a continuance, please file a motion.

WARNING

Does the Court permit the parties in civil cases to agree to extensions of time by stipulation filed with the Court, rather than by motion and order, where the extension will not affect other pretrial dates? e.g., an extension to answer the complaint or to respond to written discovery. It’s best for the parties in civil cases to agree to extensions of time by filing an agreed motion, even if the extension doesn’t affect other pretrial dates.

Does the Court permit the parties in civil cases to agree to extensions of time by stipulation filed with the Court, rather than by motion and order, where the extension will not affect other pretrial dates? e.g., an extension to answer the complaint or to respond to written discovery. It’s best for the parties in civil cases to agree to extensions of time by filing an agreed motion, even if the extension doesn’t affect other pretrial dates.

WARNINGCivil cases

As far in advance as possible. A hearing on the motion will be set prior to the trial setting and if the motion cannot be addressed prior to trial the court will usually continue the trial setting.

As far in advance as possible. A hearing on the motion will be set prior to the trial setting and if the motion cannot be addressed prior to trial the court will usually continue the trial setting.

WARNINGCivil cases

Agreed modifications are generally approved early in a case; multiple requests require a hearing to show good cause, and non-agreed continuances require immediate response.

The Court will approve, in most instances, an agreed modification at the beginning of a case. However, if the court receives multiple requests a hearing will be set in order for counsel to show good cause why additional continuances are needed. If a continuance is not agreed to, the opposing party should file a response to any motion immediately.

WARNINGCivil cases

A motion to continue should be filed at the earliest date possible and should show good cause for the continuance.

A motion to continue should be filed at the earliest date possible and should show good cause for the continuance.

WARNINGCivil cases

No set procedure. Parties should notify the Court as soon as they are aware of a need to continue the trial date.

No set procedure. Parties should notify the Court as soon as they are aware of a need to continue the trial date.

INFOCivil cases

For disputes about extensions of time and similar procedural issues, the Court prefers use of this discovery-dispute procedure.

The procedure outlined below is also the Court’s preferred mechanism for handling disputes regarding procedural matters such as extensions of time, excess pages, narrowing claims and prior art, amending invalidity and infringement contentions, etc.

INFOCivil cases

Parties are encouraged to submit an agreed briefing schedule instead of separate extension requests.

To the extent that parties anticipate seeking extensions of time to file a response or reply brief to a motion, the Court encourages the parties to submit an agreed briefing schedule rather than separate or seriatim extension requests.

INFOCivil cases

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.

INFO

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.

INFO

Yes.

Yes.

INFOCivil cases

Dispositive motions ruled on as soon as possible.

The court rules on dispositive motions as soon as possible.

INFOCivil cases

Trial continuances granted as far in advance as possible; hearing set before trial.

As far in advance as possible. A hearing on the motion will be set prior to the trial setting and if the motion cannot be addressed prior to trial the court will usually continue the trial setting.

INFOCivil cases

Discovery extensions can be stipulated without court approval, but complaint extensions require agreed motion and order.

Does the court permit the parties in civil cases to agree to extensions of time by stipulation filed with the court, rather than by motion and order, where the extension will not affect other pretrial dates? E.g., an extension to answer the complaint or to respond to written discovery. Extensions to answer a complaint requires an agreed motion and proposed order. See Fed. R. Civ. P. 6. Discovery extensions may be stipulated to between the parties without any need for court approval, but there will be no intervention by the Court except in extraordinary circumstances, and no trial setting will be vacated because of

INFOCivil cases

Yes.

Yes.

CRITICAL

For scheduling-order modifications, parties should confer and file an unopposed continuance motion; if opposed, identify the opposition and include the requested extension period.

How is the Court’s procedure for requests for modification of scheduling orders? I prefer the parties to confer on any requests and then file an unopposed motion for continuance. If the continuance request is opposed, please indicate the opposition in your motion. Additionally, please include the requested extension period.

WARNING

Parties may agree to an extension of time by filing a proposed agreed motion, even if the extension does not affect other pretrial dates.

A party ... can agree to extensions of time by filing a proposed agreed motion with the court, even if the extension does not affect other pretrial dates.

WARNING

The court will often grant a motion to continue the trial date if it has not ruled on a pending dispositive motion before final trial preparation begins.

Will often grant a motion to continue the trial date if I have not rule on a pending dispositive motion before the parties begin final trial preparation.