Western District of Texas Document Filing Requirements

518 rules from official source documents

Required elements, certificates, and structural requirements for court documents.

CRITICAL

Applies to: Sealed motion
Must include: caption

A sealed motion seeking HSD designation must explain why the document meets the HSD criteria or otherwise warrants heightened HSD protection.

The sealed motion shall explain why the proposed document constitutes an HSD under the criteria set out in paragraph 1 above, or why it should otherwise be subject to the heightened protection for HSDs.

Chief Judge Alia Moses

CRITICALCivil cases

Applies to: Attorney fee request

Requests for attorney’s fees must include an itemized listing of time spent and a reasonable description of services rendered on specified legal services.

At this time, and until modification by this Court, the total amount of payment of allowable and approved attorney's fees and reimbursable expenses under these provisions cannot exceed $5,000 for any one attorney in any one case, and said fees must be supported by an itemized listing of the time spent and reasonable description of services rendered on specified legal services.

Chief Judge Alia Moses

CRITICALCivil cases

Applies to: Expense reimbursement worksheet

Supporting documentation, such as receipts, must be attached to the expense reimbursement worksheet.

Supporting documentation, such as receipts, must be attached to this worksheet

Chief Judge Alia Moses

CRITICALCivil cases

Applies to: Expense claim

Claims for computer-assisted legal research expenses must include usage statements, an explanation of the amount claimed, total research time, and the applicable database and rate.

Actual out-of-pocket expenses related to computer-assisted legal research must be accompanied by usage statements, along with an explanation of the amount claimed (e.g., proration of a monthly charge or charges identifiable to the specific research), and the total time spent using the computerized system for research, and the applicable database and rate, relating to the civil proceeding the subject of the court appointment.

Chief Judge Alia Moses

CRITICALCivil cases

Applies to: Claim

A claim must have the appropriate detailed hourly-fees or expenses worksheet attached, along with all required receipts.

I have attached to this Claim a detailed Hourly fees Worksheet (with a descript ion of services rendered) or a Report of Expenses Claimed Worksheet, as appropriate, along with all required receipts.

Chief Judge Alia Moses

CRITICAL

Applies to: Authorized hsd filing
Must include: certificate of service

A party filing an authorized HSD must submit it to the Clerk's office together with any required certificate of service and, if necessary, the authorizing order.

A party filing an HSD pursuant to a Court Order granting a motion under Paragraph 2 shall submit to the Clerk's office the HSD, any required certificate of service, and, if necessary, a copy of the Court Order authorizing the filing of that document as an HSD.

Chief Judge Alia Moses

CRITICALCivil cases

Applies to: Attorney fee reimbursement claim

The reimbursement claim form includes an attorney certification concerning the fees and expenses claimed.

I certify the above attorney's fees and expenses were included in the preparation and presentation of this case; that these attorney's fees and expenses do not include any costs either waived or recoverable under the provisions of Title 18 or Title 28, United States Code, or which have been recovered under any other plan; and no attorney ' s fees or expenses were awarded pursuant to a judgment before this Court.

Chief Judge Alia Moses

CRITICALCivil cases

Applies to: Preliminary invalidity contentions
Must include: chart format, prior art producing, technical documents +3 more

Defendant must serve preliminary invalidity contentions 7 weeks after CMC with specific content requirements.

7 weeks after CMC Defendant serves preliminary invalidity contentions in the form of (1) a chart setting forth where in the prior art references each element of the asserted claim(s) are found, (2) an identification of any limitations the Defendant contends are indefinite or lack written description under section 112, and (3) an identification of any claims the Defendant contends are directed to ineligible subject matter under section 101. Defendant shall also produce (1) all prior art referenced in the invalidity contentions, and (2) technical documents, including software where applicable, sufficient to show the operation of the accused product(s).

Judge Alan D Albright

CRITICALCivil casesProposed or draft document; may not be in force

Applies to: Panelist list

Parties requesting remote Zoom testimony must submit a panelist list including names and emails of all remote witnesses and screen sharers to the Courtroom Deputy for whitelisting.

Trial parties that are requesting remote testimony via Zoom must communicate this request and send a list of people’s names and email addresses to the Courtroom Deputy to be whitelisted as a panelist. This list should include anybody that will be giving remote testimony over Zoom and anyone screen sharing evidence in the courtroom.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Joint notice of remaining objections

Parties must file a joint notice 3 business days before Final Pretrial Conference identifying remaining objections to pretrial disclosures and motions in limine disputes.

3 business days before File joint notice identifying remaining objections to pretrial disclosures and disputes on motions in limine.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Notice of related cases

For the Notice of Related Cases, related cases are those sharing at least one asserted patent.

For the Notice of Related Cases, cases shall be considered “related” when they share at least one common asserted patent.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Motion to enter scheduling order

Parties must file motion to enter agreed scheduling order 2 weeks after CMC; if disputed, joint motion with positions; plaintiff responsible for joint filings if no agreement.

2 weeks after CMC The Parties shall file a motion to enter an agreed Scheduling Order. If the parties cannot agree, the parties shall submit a separate Joint Motion for entry of Scheduling Order briefly setting forth their respective positions on items where they cannot agree. Absent agreement of the parties, the Plaintiff shall be responsible for the timely submission of this and other Joint filings.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Amended preliminary contentions

The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave of court so long as counsel certifies that it undertook reasonable efforts to prepare its preliminary contentions and the amendment is based on material identified after those preliminary contentions were served and should do so seasonably upon identifying any such material.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Motion to dismiss
Must include: local rule certificate

A motion to dismiss under this section must include a certification of compliance with the OGP.

The party moving to dismiss must attach a certification of compliance with this OGP to its motion to dismiss.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Notice

Parties must file a notice if venue or jurisdictional discovery will delay a response to a transfer or jurisdictional motion.

Parties shall file a notice of venue or jurisdictional discovery if the discovery will delay a response to a transfer or jurisdictional motion.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Proposed final judgment

Joint proposed final judgment must be filed within 14 days of jury verdict; disputed orders require editable version sent to law clerk with red/blue disputed text, no extensive substantive argument.

Parties shall file a joint proposed final judgement within 14 days of a jury verdict. If one party disputes the language of the order, then that party shall send an editable version of the proposed order to the Court’s law clerk with the disputed language in red and blue text. The Court discourages the parties from providing extensive substantive argument in the editable version of the proposed judgment.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Motion to dismiss
Must include: certificate section

Certification of compliance required with motion to dismiss indirect/willful infringement.

The party moving to dismiss must attach a certification of compliance with this OGP to its motion to dismiss.

Judge Alan D Albright

CRITICALCivil casesProposed or draft document; may not be in force

Applies to: Agreed jury charge

Second agreed jury charge version marked “charge and interrogatories” must omit citations and include foreperson initials/date line.

The other version shall be marked “charge and interrogatories,” and counsel shall omit from it all citations and authorities while adding a line for the jury foreperson’s initials and date.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Preliminary invalidity contentions

Defendant must serve preliminary invalidity contentions 7 weeks after CMC, including prior art chart, 112/101 contentions, prior art references, and technical documents.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Preliminary infringement contentions

Plaintiff must serve preliminary infringement contentions 7 days before CMC, including claim element chart, priority date, conception/reduction to practice documents, and patent file history.

7 days before CMC Plaintiff serves preliminary infringement contentions in the form of a chart setting forth where in the accused product(s) each element of the asserted claim(s) are found. Plaintiff shall also identify the earliest priority date (i.e., the earliest date of invention) for each asserted claim and produce: (1) all documents evidencing conception and reduction to practice for each claimed invention, and (2) a copy of the file history for each patent in suit.

Judge Alan D Albright

CRITICALCivil casesProposed or draft document; may not be in force

Applies to: Pretrial order
Must include: signature block

Joint Pretrial Orders must be signed by all counsel of record.

Joint pretrial orders shall be signed by all counsel.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Non dispositive motion
Must include: proposed order

Proposed Order required for all non-dispositive motions (without "Proposed" in title).

For all non-dispositive motions, the parties shall submit a proposed Order. The proposed Order shall omit the word “Proposed” from the title.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Non dispositive motion
Must include: proposed order

Proposed order required for all non-dispositive motions, with “Proposed” omitted from the title.

For all non-dispositive motions, the parties shall submit a proposed Order. The proposed Order shall omit the word “Proposed” from the title.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Notification of change to asserted patents claims

Parties must notify the Court of any changes to asserted patents or claims, with the notification including a complete listing of all asserted patents and claims and filed within 7 days of the change or court grant of leave.

From this date onwards, the parties are obligated to notify the Court of any changes to the asserted patents or claims. Such notification shall be filed on the docket within seven (7) days of the change and shall include a complete listing of all asserted patents and claims. If a change to the asserted patents or claims requires leave of court (for example, if a party is moving for leave to assert additional claims), notification shall not be required until the Court grants leave, at which point the notification must be filed within seven (7) days.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Non dispositive motion
Must include: proposed order

Proposed Order required for all non-dispositive motions.

For all non-dispositive motions, the parties shall submit a proposed Order.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Patent case

Plaintiff must file a Notice of Related Cases on the day of filing a patent case.

When filing a patent case, the Plaintiff shall file a “Notice of Related Cases” on the day of filing the patent case. For the Notice of Related Cases, cases shall be considered “related”

Judge Alan D Albright

CRITICALCivil cases

Applies to: Joint notice

Dismissal agreements under this section must be filed as a joint notice, not as a motion.

An agreement to dismiss under this section shall be filed as a joint notice instead of as a motion.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Proposed final judgment
Must include: joint filing, editable version for disputes

Joint proposed final judgment must be filed within 14 days of jury verdict, with editable version for disputed language.

Parties shall file a joint proposed final judgement within 14 days of a jury verdict. If one party disputes the language of the order, then that party shall send an editable version of the proposed order to the Court's law clerk with the disputed language in red and blue text. The Court discourages the parties from providing extensive substantive argument in the editable version of the proposed judgment.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Joint claim construction statement

Parties must submit Joint Claim Construction Statement and email editable copy to law clerks within 3 business days after sur-reply.

3 business days after Parties submit Joint Claim Construction Statement and email the law clerks an editable copy.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Case readiness status report

CRSR must identify all related CRSR cases.

The CRSR shall be filed in each case and identify all other CRSR Related Cases.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Proposed claim constructions

Parties must exchange proposed claim constructions 11 weeks after CMC.

11 weeks after CMC Parties exchange proposed claim constructions.

Judge Alan D Albright

CRITICALCivil casesProposed or draft document; may not be in force

Applies to: Joint pretrial order

a. If the parties dispute any issues of law, each party shall attach to the joint pretrial order a memorandum addressing those issues.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Joint claim construction statement
Must include: word version emailed to law clerk

Word version of Joint Claim Construction Statement, Protective Order, or Scheduling Order must be emailed to law clerk.

When filing the Joint Claim Construction Statement, proposed Protective Order, or proposed Scheduling Order, the parties shall also email the Court’s law clerk a Word version of the filed documents.

Judge Alan D Albright

CRITICALCivil casesProposed or draft document; may not be in force

Applies to: Proposed findings conclusions

Post-trial proposed findings must include record citations, be in Microsoft Word, and submitted via email.

After the non-jury trial, counsel shall submit proposed final findings of fact and conclusions of law, with record citations supporting each finding of fact and conclusion of law, as applicable. Each party shall submit proposed final findings of fact and conclusions of law via email, in Microsoft Word format, to TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov, at least three days before the final pretrial conference.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Pleading motion or submission
Must include: caption

Pleadings, motions, and submissions must be endorsed with the case style and document name.

A pleading, motion, or other submission shall be typed or printed in 12-point or larger font (including footnotes), double-spaced, on paper sized 8½” x 11” with one-inch margins on all sides and shall be endorsed with the style of the case and the descriptive name of the document.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Jury instructions

Disputed preliminary or final jury instructions must cite prior jury instructions from this Court.

Preliminary and Final Jury Instructions with disputed language must include citations to prior jury instructions given by this Court.

Judge Alan D Albright

CRITICALCivil casesProposed or draft document; may not be in force

Applies to: Joint pretrial order

Motions in limine must be attached to joint pretrial order for jury trials.

a. A copy of each party’s Motion in Limine shall be attached to the joint pretrial order. Any Motions in Limine will be addressed at the final pretrial conference or immediately before the start of trial.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Notice of transcript request
Must include: case number

Notice of request for daily transcript or real-time reporting due 47 weeks after Markman hearing.

47 weeks after Markman File Notice of Request for Daily Transcript or Real Time hearing Reporting. If a daily transcript or real time reporting of court proceedings is requested for trial, the party or parties making said request shall file a notice with the Court and email the Court Reporter, Kristie Davis at kmdaviscsr@yahoo.com

Judge Alan D Albright

CRITICALCivil cases

Applies to: Status report

Parties with transfer motions must file status reports at specified milestones tied to briefing readiness and Markman hearing timing.

All parties who have filed a motion to transfer shall provide the Court with a status report indicating whether the motion has been fully briefed at each of the following times: 1) when the motion to transfer becomes ready for resolution,; 2) at 4 weeks before the Markman hearing date if the motion to transfer remains unripe for resolution; and 3) if there are multiple Markman hearings, the status report is due 6 weeks before the first scheduled Markman hearing.

Judge Alan D Albright

CRITICALCivil casesProposed or draft document; may not be in force

Applies to: Pretrial order

Joint Pretrial Orders must include separate attachments including exhibit lists, witness lists, and case-related statements.

The Joint Pretrial Order shall contain the following as separate attachments: appearance of counsel, joint statement of the case, contentions of the parties, exhibits/exhibit list, witness/witness list, agreed jury charge (or agreed charge with disputed language notated as directed by this Order), proposed voir dire questions (if applicable), memoranda on disputed issues of law (if applicable), and proposed findings of fact and conclusions of law (if applicable).

Judge Alan D Albright

CRITICALCivil cases

Applies to: Preliminary invalidity contentions

Preliminary invalidity contentions must include specified charts and legal identifications, plus production of referenced prior art and technical operation documents.

Defendant serves preliminary invalidity contentions in the form of (1) a chart setting forth where in the prior art references each element of the asserted claim(s) are found, (2) an identification of any limitations the Defendant contends are indefinite or lack written description under section 112, and (3) an identification of any claims the Defendant contends are directed to ineligible subject matter under section 101. Defendant shall also produce (1) all prior art referenced in the invalidity contentions, and (2) technical documents, including software where applicable, sufficient to show the operation of the accused product(s).

Judge Alan D Albright

CRITICALCivil cases

Applies to: Agreement to dismiss

Agreements to dismiss indirect/willful infringement claims must be filed as joint notices, not motions.

An agreement to dismiss under this section shall be filed as a joint notice instead of as a motion.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Claim construction meet and confer

Parties must meet and confer to narrow disputed terms 13 weeks after CMC.

13 weeks after CMC Deadline to meet and confer to narrow terms in dispute and exchange revised list of terms/constructions.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Preliminary infringement contentions

Preliminary infringement contentions must include a claim chart, earliest priority dates, and specified supporting invention and prosecution-history documents.

Plaintiff serves preliminary 13 infringement contentions in the form of a chart setting forth where in the accused product(s) each element of the asserted claim(s) are found. Plaintiff shall also identify the earliest priority date (i.e., the earliest date of invention) for each asserted claim and produce: (1) all documents evidencing conception and reduction to practice for each claimed invention, and (2) a copy of the file history for each patent in suit.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Motion for leave to add patent claims

Adding patent claims by amendment requires leave of court.

Any amendment to add patent claims requires leave of court so that the Court can address any scheduling issues.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

Within 7 days of a discovery hearing, parties must email a joint proposed order to the law clerk with specified content; failure waives appeal rights.

Written Order. Within 7 days of the discovery hearing, the parties shall email a joint proposed order to the Court’s law clerk that includes the parties’ positions from their dispute chart, the parties’ requested relief, and the parties’ understanding of the Court’s ruling so that the arguments and outcome can be docketed. Parties shall send an editable version of the proposed order to the Court’s law clerk with any disputed language in red and blue text. Failure to provide a proposed written order for the docket results in waiver of the dispute for appeal.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Proposed final judgment

Parties must file a joint proposed final judgment within 14 days after a jury verdict.

Parties shall file a joint proposed final judgement within 14 days of a jury verdict.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Notice of related cases

In patent cases, the plaintiff must file a Notice of Related Cases on the same day the case is filed.

When filing a patent case, the Plaintiff shall file a “Notice of Related Cases” on the day of filing the patent case.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Non dispositive motion
Must include: proposed order

Every non-dispositive motion must include a proposed order, and that order’s title must omit the word “Proposed.”

For all non-dispositive motions, the parties shall submit a proposed Order. The proposed Order shall omit the word “Proposed” from the title.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Status report
Must include: judge name

Status reports required for transfer motions at multiple deadlines relative to Markman hearings.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Joint claim construction statement

Parties must submit a Joint Claim Construction Statement within 3 business days of sur-reply submission.

3 business days after Parties submit Joint Claim Construction Statement and email the submission of sur-reply law clerks an editable copy.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Status report

Parties with motions to transfer must file status reports indicating if the motion is fully briefed at specified times.

Judge Alan D Albright

CRITICALCivil casesProposed or draft document; may not be in force

Applies to: Pretrial order

All exhibit lists must be attached to the Joint Pretrial Order.

Counsel shall attach the list(s) of all exhibits to be offered to the joint pretrial order.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Extrinsic evidence disclosure
Must include: item copies, expert identity, testimony scope +1 more

Parties must disclose extrinsic evidence and expert witnesses 12 weeks after CMC with specific requirements.

12 weeks after CMC Parties disclose extrinsic evidence. The parties shall disclose any extrinsic evidence, including the identity of any expert witness they may rely upon with respect to claim construction or indefiniteness. With respect to any expert identified, the parties shall identify the scope of the topics for the witness's expected testimony. 14 With respect to items of extrinsic evidence, the parties shall identify each such item by production number or produce a copy of any such item if not previously produced.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Joint notice

Parties must file a joint notice identifying remaining objections to pretrial disclosures and motions in limine disputes.

File joint notice identifying remaining objections to pretrial disclosures and disputes on motions in limine.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Jury instructions

Jury instructions with disputed language must cite prior instructions from this Court; editable versions with disputed text in red/blue must be sent to the Court’s law clerk.

Preliminary and Final Jury Instructions with disputed language must include citations to prior jury instructions given by this Court. Instructions should exactly track the language of prior instructions to the extent possible. Language from the Court’s most recent Jury Instructions is preferred. Parties shall send an editable version of the proposed instructions to the Court’s law clerk with the disputed language in red and blue text.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Joint report

Parties must file a Joint Report within 5 business days of the second meet and confer to narrow claims and prior art references.

The parties shall file a Joint Report within 5 business days regarding the results of the meet and confer.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Preliminary infringement contentions

Preliminary infringement contentions may be amended without leave with counsel certification; adding patent claims requires leave of court.

The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave of court so long as counsel certifies that it undertook reasonable efforts to prepare its preliminary contentions and that the amendment is based on material identified after those preliminary contentions were served and should do so seasonably upon identifying any such material. Any amendment to add patent claims requires leave of court so that the Court can address any scheduling issues.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Joint claim construction statement

After claim-construction briefing is complete, the parties must file a joint claim construction statement.

After briefing concludes, the parties shall file a Joint Claim Construction Statement and email an editable copy to the Court’s law clerks.

Judge Alan D Albright

CRITICALCivil casesProposed or draft document; may not be in force

Applies to: Agreed jury charge

Agreed jury charge version marked “requested” must include citations for each proposed instruction.

One version shall be marked “requested” and shall include citation of authority for each proposed instruction in the charge.

Judge Alan D Albright

CRITICALCivil casesProposed or draft document; may not be in force

Applies to: Joint pretrial order

Voir dire questions must be attached to joint pretrial order for jury trials.

a. A copy of each party’s proposed questions for the judge to use in voir dire examination shall be attached to the joint pretrial order.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Docket notification

Parties must docket a notification of asserted-patent or claim changes within seven days, including a complete list, with timing deferred until leave is granted when leave is required.

Judge Alan D Albright

CRITICALCivil casesProposed or draft document; may not be in force

Applies to: Proposed findings conclusions

Proposed findings must separate agreed/disputed items; conclusions of law must cite supporting authority.

Proposed findings of fact and conclusions of law shall be in a form suitable for ruling from the bench after closing arguments. Counsel shall separate agreed findings and conclusions from those that are in dispute. Conclusions of law shall cite supporting authority.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Joint claim construction statement

Parties must submit a Joint Claim Construction Statement.

Parties submit Joint Claim Construction Statement and email the law clerks an editable copy.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Responsive brief

Responsive MSJ, Daubert, and MIL briefs are limited to the greater of opening-brief pages used or local-rule limits, and total responsive pages may not exceed total opening pages used.

Each responsive MSJ, Daubert, and MIL brief is limited to the pages utilized in the opening brief or by the local rules, whichever is greater; and the cumulative pages for responsive briefs shall be no more than cumulative pages utilized in the opening briefs.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Notice of related cases
Must include: caption, judge name, case number

A Notice of Related Cases must include the caption, case number, and presiding judge for each related case.

The Notice of Related Cases shall indicate the case caption, case number, and presiding Judge of any related case.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Proposed claim constructions

Parties must exchange proposed claim constructions 11 weeks after CMC.

11 weeks after CMC Parties exchange proposed claim constructions.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Markman brief
Must include: patents in suit, joint claim construction statement

For Markman briefs, the parties should also include a copy of all patents-in-suit and an editable copy of the Joint Claim Construction Statement.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Motion to dismiss
Must include: certificate of conference

Motions to dismiss indirect/willful infringement must include a certification of compliance with meet and confer requirement.

The party moving to dismiss must attach a certification of compliance with this OGP to its motion to dismiss.

Judge Alan D Albright

CRITICALCivil casesProposed or draft document; may not be in force

Applies to: Joint pretrial order

Two versions of agreed jury charge must be attached to joint pretrial order for jury trials.

Two (2) versions of an agreed jury charge, including proposed jury instructions, definitions, and interrogatories, shall be attached to the joint pretrial order and filed.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Claim terms for construction

Parties must exchange claim terms for construction 9 weeks after CMC.

9 weeks after CMC Parties exchange claim terms for construction.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Extrinsic evidence disclosure

Extrinsic-evidence disclosures must identify relied-on experts, expected testimony topics, and each evidence item by production number or copy.

Parties disclose extrinsic evidence. The parties shall disclose any extrinsic evidence, including the identity of any expert witness they may rely upon with respect to claim construction or indefiniteness. With respect to any expert identified, the parties shall identify the scope of the topics for the witness’s expected testimony. 14 With respect to items of extrinsic evidence, the parties shall identify each such item by production number or produce a copy of any such item if not previously produced.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Notification
Must include: case number

Judge Alan D Albright

CRITICALCivil cases

Applies to: Joint motion for scheduling order

Parties must move to enter an agreed scheduling order, and if no agreement is reached they must file a separate joint motion outlining disputed positions, with plaintiff responsible for timely joint filings absent agreement.

The Parties shall file a motion to enter an agreed Scheduling Order. If the parties cannot agree, the parties shall submit a separate Joint Motion for entry of Scheduling Order briefly setting forth their respective positions on items where they cannot agree. Absent agreement of the parties, the Plaintiff shall be responsible for the timely submission of this and other Joint filings.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Pretrial submissions

Pretrial Submissions must include exhibits lists, witness lists, jury instructions, and discovery/deposition designations.

46 weeks after Markman File Joint Pretrial Order and Pretrial Submissions (jury hearing instructions, exhibits lists, witness lists, discovery and deposition designations); file oppositions to motions in limine.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Preliminary inFRINGEMENT contentions
Must include: chart format, file history copies, priority date identification +1 more

Plaintiff must serve preliminary infringement contentions 7 days before CMC with specific content requirements.

7 days before CMC Plaintiff serves preliminary 13 infringement contentions in the form of a chart setting forth where in the accused product(s) each element of the asserted claim(s) are found. Plaintiff shall also identify the earliest priority date (i.e., the earliest date of invention) for each asserted claim and produce: (1) all documents evidencing conception and reduction to practice for each claimed invention, and (2) a copy of the file history for each patent in suit.

Judge Alan D Albright

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

Within 7 days after a discovery hearing, parties must submit a joint proposed order containing positions, requested relief, and understanding of the ruling.

Within 7 days of the discovery hearing, the parties shall email a joint proposed order to the Court’s law clerk that includes the parties’ positions from their dispute chart, the parties’ requested relief, and the parties’ understanding of the Court’s ruling so that the arguments and outcome can be docketed.

Judge Alan D Albright

CRITICAL

Applies to: Brief

Briefs must cite the appendix's App.__ pagination to specific pages, not entire items.

Parties must cite the App.__ pagination in their briefing, to the specific page(s) supporting each assertion. Do not cite an entire item when a specific page will do.

Judge Andrew B. Davis

CRITICAL

Applies to: Appendix
Must include: certificate of compliance

The filing accompanying an appendix must include a certificate of compliance; non-compliant appendices may be stricken.

The filing that an appendix accompanies and supports must contain a certificate of compliance stating that the appendix complies with this order. The Court may strike or require the correction of a non-compliant appendix.

Judge Andrew B. Davis

CRITICAL

Applies to: Appendix
Must include: exhibit list

Parties must place relied-upon evidence in a compliant appendix.

A party who relies on evidence or other factual material to support or oppose a filing must place that material in an appendix that complies with this order.

Judge Andrew B. Davis

CRITICAL

Applies to: Motion for continuance
Must include: certificate of conference

A motion for continuance must include a Certificate of Conference stating that all parties conferred and each party’s position on the motion.

Motions for continuances filed in the U.S. District Court for the Midland/Odessa and Pecos Divisions of the Western District of Texas must include a Certificate of Conference stating that all parties have conferred. The Certificate of Conference shall state each party's position regarding the motion.

Judge David Counts

CRITICALCriminal cases

Applies to: Letter

Acceptance-of-responsibility letters must address the defendant’s conduct related to the counts of conviction, follow the guideline in every particular, and be provided to the probation officer within 30 days of the guilty plea.

Therefore, any letter written to substantiate acceptance of responsibility in a criminal case in these divisions must, at a minimum: 1. fully address the defendant's conduct related to the counts(s) of conviction; 2. follow the acceptance of responsibility guideline in every particular; and 3. be provided to the probation officer within thirty (30) days from the date of the defendant's guilty plea.

Judge David Counts

CRITICALCivil cases

Applies to: Notice of venue or jurisdictional discovery

Parties must file a notice of venue or jurisdictional discovery when that discovery will delay a response to a transfer or jurisdictional motion.

Parties shall file a notice of venue or jurisdictional discovery if the discovery will delay a response to a transfer or jurisdictional motion.

Judge Ernest Gonzalez

CRITICALCivil cases

Applies to: Joint proposed order
Must include: proposed order

Within seven days after a discovery hearing, the parties must email the law clerk a joint proposed order containing the positions, requested relief, and their understanding of the ruling.

Within seven days of a discovery hearing, the parties shall email a Joint Proposed Order to the Court's law clerk including the parties' positions from their dispute chart, the parties' requested relief, and the parties' understanding of the Court's ruling so that the arguments and outcome can be docketed.

Judge Ernest Gonzalez

CRITICALCivil cases

Applies to: Joint notice

An agreement to dismiss under this section must be filed as a Joint Notice, not as a motion.

An agreement to dismiss under this section shall be filed as a Joint Notice rather than a motion.

Judge Ernest Gonzalez

CRITICALCivil cases

Applies to: Jurisdictional discovery

For jurisdictional discovery, each party is limited to five interrogatories, 10 requests for production, and 10 hours of deposition testimony.

jurisdiction: each party is limited to five interrogatories, 10 Requests for Production, and 10 hours of deposition testimony.

Judge Ernest Gonzalez

CRITICALCivil cases

Applies to: Non dispositive motion
Must include: proposed order

Each non-dispositive motion must include a proposed Order whose title omits the word “Proposed.”

For all non-dispositive motions, the parties must submit a proposed Order (omitting the word "Proposed" from the title).

Judge Ernest Gonzalez

CRITICALProposed or draft document; may not be in force

Applies to: Certificate
Must include: ai disclosure

All parties using generative AI to draft or assist in drafting pleadings must include a Certificate of Generative Artificial Intelligence Usage disclosing AI use, certifying accuracy verification, and certifying no confidential disclosure; applies to civil, criminal, and pro se cases.

If counsel utilizes generative artificial intelligence to draft or assist in drafting a pleading, counsel must include with the pleading a “Certificate of Generative Artificial Intelligence Usage,” an example of which is appended to this Standing Order as Appendix C. The certificate must disclose the use of generative artificial intelligence and certify that counsel has independently verified the accuracy of any portion of the document drafted or assisted by the tool. Counsel must further certify that the use of generative artificial intelligence has not resulted in the disclosure of confidential or privileged information to an unauthorized party. The Court hereby extends the certification requirements of Section 11(a) to parties appearing before the Court in all cases, including civil cases. An example of such certificate is appended to this Order as Appendix A.

Judge Ernest Gonzalez

CRITICALCivil cases

Applies to: Joint claim construction statement

After briefing concludes, the parties must file a Joint Claim Construction Statement and email an editable copy to the Court's law clerks.

After briefing concludes, the parties shall file a Joint Claim Construction Statement and email an editable copy to the Court's law clerks.

Judge Ernest Gonzalez

CRITICALCivil cases

Applies to: Case readiness status report

The parties must meet and confer before jointly filing the CRSR.

Judge Ernest Gonzalez

CRITICALCivil cases

Applies to: Invalidity contentions

The Defendant's § 101 contention must identify the alleged ineligible concept and conventional elements and produce supporting prior art to the extent it is not duplicative of §§ 102 and 103 contentions.

The § 101 contention shall: (1) identify the alleged abstract idea, law of nature, and/or natural phenomenon in each challenged claim; (2) identify each claim element alleged to be well-understood, routine, and/or conventional; and (3) produce prior art for the contention that claim elements are well-understood, routine, and/or conventional to the extent not duplicative of §§ 102 and 103 prior art contentions.

Judge Ernest Gonzalez

CRITICALCivil cases

Applies to: Motion to dismiss

A motion to dismiss under this section must include a Certification of Compliance with the OGP.

The party moving to dismiss must attach a Certification of Compliance with this OGP to its motion to dismiss.

Judge Ernest Gonzalez

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

Failure to provide a proposed written order for the docket waives the dispute for appeal.

Failure to provide a proposed written order for the docket will result in waiver of the dispute for appeal.

Judge Ernest Gonzalez

CRITICALCivil cases

Applies to: Motion

Motions must pin cite the sections of cases or exhibits on which they rely.

When citing cases or exhibits in a motion, parties must pin cite the sections relied upon.

Judge Ernest Gonzalez

CRITICALCivil cases

Applies to: Motion

A motion referencing an expert report must attach a full copy of the report as an exhibit.

For any motion referencing an expert report (e.g., motions to strike, Daubert motions, and summary judgment motions), the Court requires full copies of the expert report attached as an exhibit.

Judge Ernest Gonzalez

CRITICALCivil cases

Applies to: Confidentiality disclosure

If a party has no outside attorney, confidential material may be disclosed only to one designated in-house attorney, whose identity and job functions must be disclosed to the producing party five days before disclosure.

If a party is not represented by an outside attorney, disclosure of the confidential document or information is limited to one designated “in-house” attorney, whose identity and job functions must be disclosed to the producing party five days prior to any such disclosure to permit any motion for protective order or other relief regarding such disclosure.

Judge Ernest Gonzalez

CRITICALCivil cases

Applies to: Ipr notice

5. The Plaintiff must file a notice informing the Court when an IPR is filed, the expected time for an institution decision, and the expected time for a final written decision, within two weeks of the filing of the IPR.

Judge Ernest Gonzalez

CRITICALCivil cases

Applies to: Amendment to add patent claims

Amendments adding patent claims require leave of court to allow consideration of scheduling issues.

Any amendment to add patent claims requires leave of court so that the Court can address any scheduling issues.

Judge Ernest Gonzalez

CRITICALCivil cases

Applies to: Motion

If the parties cannot agree on a Scheduling Order, they must submit a joint motion briefly stating their scheduling disagreements.

If the parties cannot agree, the parties shall submit a joint motion for entry of a Scheduling Order briefly setting forth their scheduling disagreement(s).

Judge Ernest Gonzalez

CRITICALCivil cases

Applies to: Motion
Must include: judge name

Motions filed in state court before removal must be re-filed in federal court.

Any motion filed in the state court before removal that still requires resolution in this Court must be re-filed as a new motion in this Court.

Judge Fred Biery

CRITICALCivil cases

Applies to: Motion

All motion facts must be in numbered paragraphs with specific record citations.

The facts set forth in any motion shall be stated in separately numbered paragraphs with citation to a particular pleading or other part of the record supporting the party’s statement. All positions and statements contained in the body of any motion or any responses must contain specific cites to the record supporting the party’s statement. The Court will not search the record for evidence and may not consider any evidence that is not specifically cited in the parties’ briefs.

Judge Fred Biery

CRITICALCivil cases

Applies to: Notice of removal
Must include: judge name

Removing party must supplement record with all state court pleadings, filings, and docket sheet.

Pursuant to 28 U.S.C. § 1447(b) the removing party(ies) shall supplement the record with all state court pleadings and filings. The supplement shall include the docket sheet from the state court.

Judge Fred Biery

CRITICALCivil cases

Applies to: Motion

A party should not file a Motion and separate “Memorandum of Law.” The Motion, itself, should include the party’s argument and citation authority supporting the relief it seeks.

Judge Fred Biery

CRITICALCivil cases

Applies to: Non dispositive motion
Must include: certificate of conference

Non-dispositive motions must include Certificate of Conference or will be struck.

The Court will strike non-dispositive motions that do not include a Certificate of Conference. W.D. Tex. Civ. R. 7(g).

Judge Fred Biery

CRITICALCivil cases

Applies to: Motion to dismiss
Must include: certificate of conference

Motion to Dismiss must include Certificate of Conference or will be struck.

The Court will strike any Federal Rule 12(b) Motion to Dismiss if it does not contain the required Certificate of Conference, which may preclude its re-filing given the time limits prescribed in Federal Rule 12(a).

Judge Fred Biery

CRITICALCivil cases

Applies to: Notice of removal
Must include: local rule certificate

Complete diversity required for federal jurisdiction in diversity cases; removing party must demonstrate it.

Under 28 U.S.C. § 1332 there must be complete diversity between plaintiffs and defendants. Complete diversity requires that all persons on one side of the controversy be citizens of different states from all persons on the other side. The party asserting federal jurisdiction in a diversity action has the burden to demonstrate complete diversity. Howery v. Allstate Ins. Co., 243 F.3d 912, 916 (5th Cir. 2001). Parties must make “clear, distinct, and precise affirmative jurisdictional allegations.” MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 313 (5th Cir. 2019).

Judge Fred Biery

CRITICALCivil cases

Applies to: Notice of removal
Must include: local rule certificate

For individuals, notice of removal must plead citizenship, not just residence.

For individuals, pleading residence is insufficient; the notice of removal must plead their citizenship. MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 313 (5th Cir. 2019).

Judge Fred Biery

CRITICALCivil cases

Applies to: Pretrial order
Must include: judge name

Pretrial objections to exhibits required; failure to raise at Pretrial Conference may waive objections at trial.

The Court requires pretrial objections to the authenticity and admissibility of exhibits. The Court will address all evidentiary objections at the Final Pretrial Conference. The Court strongly favors the admission of all exhibits at the Pretrial Conference. A party’s failure to address any evidentiary objection at the Pretrial Conference could be cause for waiver of this objection during trial.

Judge Fred Biery

CRITICALCivil cases

Applies to: Notice of removal
Must include: judge name

Corporations are citizens of their state(s) of incorporation and principal place of business (nerve center test).

A corporation is a citizen of its state(s) of incorporation and of the state in which its principal place of business is located, as determined by the “nerve center” test. 28 U.S.C. § 1332(c)(1); Lincoln Property Co. v. Roche, 546 U.S. 81 (2005); Hertz Corp. v. Friend, 559 U.S. 77 (2010). The removing party must allege both a corporation’s state of incorporation and its principal place of business. MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 314 (5th Cir. 2019).

Judge Fred Biery

CRITICALCivil cases

Applies to: Notice of removal
Must include: judge name, local rule certificate

For LLCs and partnerships, citizenship must be traced through all members/partners to establish diversity jurisdiction.

The citizenship of a limited-liability business organization is determined by the citizenship of its members. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). Similarly, the citizenship of a partnership is determined by the citizenship of all its partners. Carden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990); Corfield v. Dallas Glen Hills, L.P., 355 F.3d 853, 856 n.3 (5th Cir. 2003). “A party seeking to establish diversity jurisdiction must specifically allege the citizenship of every member of every LLC or partnership involved in a litigation.” Settlement Funding, L.L.C. v. Rapid Settlements, Ltd., 851 F.3d 530, 536 (5th Cir. 2017). When members or partners are themselves entities or associations, citizenship must be traced through however many layers of members/partners there are until arriving at the entity that is not a limited liability entity or partnership and identifying its citizenship status. See Mullins v. TestAmerica, Inc., 564 F.3d 386, 397-98 (5th Cir. 2009).

Judge Fred Biery

CRITICALCivil cases

Applies to: Notice of removal
Must include: judge name

Failure to properly plead citizenship of all parties may result in remand without further notice.

If the case has been removed on the basis of diversity jurisdiction under 28 U.S.C. § 1332, the removing party has the burden to demonstrate there is complete diversity by properly pleading the citizenship of all parties as discussed previously. Failure to supplement the record with proper citizenship allegations may result in remand of this action by the Court without further notice.

Judge Fred Biery

CRITICALCivil cases

Applies to: Pretrial checklist

The checklist should be signed by both counsel and filed.

Judge Jason Pulliam

CRITICALCivil cases

Applies to: State court record
Must include: docket sheet

Pursuant to 28 U.S.C. § 1447(b) the removing party(ies) shall supplement the record with all state court pleadings and filings. The supplement shall include the docket sheet from the state court.

Judge Jason Pulliam

CRITICALCivil cases

Applies to: Motion
Must include: proposed order

A party seeking to exceed a page limit must move for leave and attach the proposed pleading.

A motion to exceed the page limit is required, and the proposed pleading must be attached.

Judge Jason Pulliam

CRITICALCivil cases

Applies to: Motion

Letter briefs are not permitted; requests for relief must be made by motion, and letter briefs or advisories seeking relief will be dismissed or stricken.

Letter briefs are not permitted. A party who seeks any form of relief shall file the request in the form of a motion. Any letter brief or advisory seeking relief shall be dismissed or stricken.

Judge Jason Pulliam

CRITICALCivil cases

Applies to: Motion to suppress
Must include: certificate of conference

Motions should contain specific and detailed factual allegations, and not general assertions. The Court requires motions to include pertinent citation to authorities and a certificate of conference required by Local Rules 7(d)(i) and 7(i).

Judge Jason Pulliam

CRITICALCivil cases

Applies to: Non dispositive motion
Must include: certificate of conference

Non-dispositive motions without Certificate of Conference will be struck.

The Court will strike non-dispositive motions that do not include a Certificate of Conference. W.D. Tex. Civ. R. 7(g).

Judge Jason Pulliam

CRITICALCivil cases

Applies to: Motion

No. Should you desire oral argument on a motion, such request should be set out in the opening paragraph of the motion.

Judge Jason Pulliam

CRITICALCivil cases

Applies to: Letter brief

Letter briefs are prohibited; requests for relief must be made by motion, and letter briefs or advisories seeking relief will be dismissed or stricken.

Letter briefs are not permitted. A party who seeks any form of relief shall file the request in the form of a motion. Any letter brief or advisory seeking relief shall be dismissed or stricken.

Judge Jason Pulliam

CRITICALCivil cases

Applies to: Deposition objections

Objections to deposition-designated portions must cite pages and lines, include supporting authority, and be filed at least seven days before the final pretrial conference.

Objections to those portions (citing pages and lines) with supporting authority must be filed at least 7 days prior to the final pretrial conference.

Judge Jason Pulliam

CRITICALCivil cases

Applies to: Motion

To obtain a hearing on contested matters identified using the pretrial checklist, file a motion with the checklist attached and request a hearing.

File a motion, attach the check list and ask for a hearing.

Judge Jason Pulliam

CRITICALCivil cases

Applies to: Pretrial objections

Objections not timely disclosed are deemed waived, except objections under Rules 402 and 403, unless the court excuses the failure for good cause.

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.

Judge Jason Pulliam

CRITICALCivil cases

Applies to: Motion to dismiss
Must include: certificate of conference

Judge Jason Pulliam

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

Motions must include a certificate of conference and state the reason for any lack of agreement; omission may result in dismissal.

Yes. The local rules so require and failing to include a certificate of the conference and the reason for no agreement, may result in the motion being dismissed for failure to comply with the local rules.

Judge Jason Pulliam

CRITICALCivil cases

Applies to: Motion
Must include: re filing

Motions pending in state court at time of removal must be re-filed in federal court.

Any motion filed in the state court before removal that still requires resolution in this Court must be re-filed as a new motion in this Court.

Judge Jason Pulliam

CRITICALCivil cases

Applies to: Request for relief

Any request for relief must be filed as a motion.

A request for any form of relief must be filed in the form of a motion.

Judge Jason Pulliam

CRITICALCivil cases

Applies to: Exhibit objections

Objections to exhibit admissibility must be exchanged and submitted seven days before the final pretrial conference.

Objections to the admissibility of any exhibits must be exchanged and submitted 7 days before the final pretrial conference.

Judge Jason Pulliam

CRITICALCivil cases

Applies to: Exhibit

Pretrial objections to exhibits required; failure to object at pre-trial conference may waive objections at trial.

The Court requires pretrial objections to the authenticity and admissibility of exhibits. The Court will address all evidentiary objections at the Final Pre-trial Conference. The Court strongly favors the admission of all exhibits at the Pre-trial Conference. A party's failure to address any evidentiary objection at the Pre-trial Conference could be cause for waiver of this objection during trial.

Judge Jason Pulliam

CRITICALCivil cases

Applies to: Removal petition
Must include: citizenship allegations

Removing party must properly plead citizenship of all parties in diversity cases; failure may result in remand without notice.

If this case has been removed on the basis of diversity jurisdiction under 28 U.S.C. § 1332, the removing party has the burden to demonstrate there is complete diversity by properly pleading the citizenship of all parties as discussed previously. Failure to supplement the record with proper citizenship allegations may result in remand of this action by the Court without further notice.

Judge Jason Pulliam

CRITICAL

Applies to: Report of parties planning meeting

Parties must jointly submit RPPM within 45 days of any defendant's appearance.

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Report of parties planning meeting

Initial disclosures not required; Rule 26(f) conference and report required 21 days before planning meeting.

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Juror questionnaire
Must include: proposed questionnaire

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Trial date modification
Must include: hearing may be required, written request required, opposing counsel conference required

Trial date modification requests must be in writing with opposing counsel conference, and may require hearing if no agreement.

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Deposition

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.

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.

Judge Kathleen Cardone

CRITICALCivil cases

Applies to: Motion

A motion exceeding ten pages must include a table of contents and a table of authorities.

(5) If in excess of ten (10) pages, a table of contents and table of authorities.

Judge Kathleen Cardone

CRITICAL

Applies to: Motion
Must include: separate document required

Response and motion must be filed as separate documents.

Do not submit a response and a motion together in one document.

Judge Kathleen Cardone

CRITICAL

Applies to: Summary judgment facts statements

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.

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Report of parties planning meeting

The report must state the basis for subject matter jurisdiction with statutory citations and, if contested, specify the basis for the challenge.

[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.]

Judge Kathleen Cardone

CRITICALCivil cases

Applies to: Motion

A motion must include a succinct statement of relevant facts.

(3) A succinct statement of relevant facts;

Judge Kathleen Cardone

CRITICAL

Applies to: Motion

Response and motion must be filed as separate documents.

Do not submit a response and a motion together in one document.

Judge Kathleen Cardone

CRITICAL

Applies to: Motion

Scheduling order modifications must be filed as motions.

All requests for modification of the scheduling order must be made in the form of a motion to the Court.

Judge Kathleen Cardone

CRITICAL

Applies to: Sentencing objection

Objections to PSIR/Guideline Worksheet must be submitted to Probation Officer first.

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Summary judgment motion
Must include: certificate of service

The Proposed Undisputed Facts and Response must be filed and served with the motion, supporting papers, and required certificate of service.

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Sentencing memorandum

Objections to PSIR/Guideline Worksheet must first be submitted to Probation Officer, then filed as Sentencing Memorandum if unresolved.

Judge Kathleen Cardone

CRITICAL

Discovery must comply with Local Rule AT-4.

Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4.

Judge Kathleen Cardone

CRITICAL

Applies to: Notice of removal
Must include: exhibits

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Unsworn declaration

An unsworn declaration submitted in opposition must end with the specified statement under penalty of perjury.

However, pursuant to 28 U.S.C. § 1746, the unsworn declaration must contain the following sentence at the end of the declaration: "I declare under penalty of perjury that the foregoing is true and correct. Executed on [date]. [Signature]."

Judge Kathleen Cardone

CRITICAL

Applies to: Letter brief
Must include: prohibited

Letter briefs should not be submitted.

Judge Kathleen Cardone

CRITICAL

Applies to: Summary judgment motion

A summary-judgment motion must include a separately numbered Proposed Undisputed Facts document stating each material fact the movant contends is undisputed.

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.

Judge Kathleen Cardone

CRITICALCivil cases

Applies to: Motion

The first page must contain only the motion title below the case caption and number.

(1) On the first page below the case caption and number, only the title of the motion;

Judge Kathleen Cardone

CRITICAL

Applies to: Report of parties planning meeting

The report must briefly summarize all parties' claims and defenses and the relief sought; if the parties cannot agree on a joint statement, each party must provide a short separate statement.

[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.

Judge Kathleen Cardone

CRITICAL

Applies to: Deposition
Must include: copy to deputy, portion designation, objections with authority

Depositions may be used by agreement; must provide copies to deputy, designate portions, file objections 3 business days before trial.

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Notice of adr

ADR required in almost all civil cases with deadline set in scheduling order.

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Exhibit
Must include: chambers copy

Two copies of exhibits must be provided to Court before pre-trial status conference.

Two copies of such exhibits must be furnished to the Court prior to the pre-trial status conference.

Judge Kathleen Cardone

CRITICAL

Applies to: Report of parties planning meeting

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.

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Notice to pro se litigant

The movant must attach copies of the full text of Federal Rule of Civil Procedure 56 to the notice.

The movant shall attach to the notice copies of the full text of Rule 56 of the Federal Rules of Civil Procedure

Judge Kathleen Cardone

CRITICAL

Applies to: Sentencing memorandum

Sentencing Memorandum must be provided to Probation Officer and opposing counsel.

Counsel shall provide a copy of the Sentencing Memorandum to the Probation Officer and opposing counsel.

Judge Kathleen Cardone

CRITICAL

Applies to: Summary judgment opposition

The Response to Proposed Undisputed Facts must include a separate Disputed Issues of Material Fact section listing each fact issue claimed to be genuinely disputed.

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.

Judge Kathleen Cardone

CRITICALCivil cases

Applies to: Motion

A motion must include the parties’ argument and pertinent authority.

(4) Argument of the parties, including pertinent authority;

Judge Kathleen Cardone

CRITICAL

Applies to: Report of parties planning meeting

The report must state whether personal jurisdiction is contested and, if so, summarize the parties' competing positions.

[State whether personal jurisdiction is contested and, if it is, summarize the parties' competing positions].

Judge Kathleen Cardone

CRITICAL

Applies to: Summary judgment opposition

Summary-judgment opposition papers must include a separately numbered Response to Proposed Undisputed Facts indicating whether each corresponding fact is admitted or denied.

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Deposition objection

Objections to deposition excerpts must be filed at least 3 business days before trial.

Objections to those portions (citing pages and lines) with supporting authority must be filed at least three (3) business days before trial.

Judge Kathleen Cardone

CRITICAL

Applies to: Trial date modification request
Must include: written request required

Requests to modify trial dates must be made in writing.

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

Judge Kathleen Cardone

CRITICAL

Applies to: Report of parties planning meeting

Report of Parties' Planning Meeting due within 45 days of first defendant appearance or removal

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Deposition

Depositions to be used as exhibits must be provided to courtroom deputy before trial.

Before trial, counsel must provide the courtroom deputy with a copy of all depositions to be used as exhibits at trial.

Judge Kathleen Cardone

CRITICAL

Applies to: Scheduling order
Must include: adr deadline, adr provider notification

ADR required in almost all civil cases; deadline and provider notification set in Scheduling Order

Judge Kathleen Cardone

CRITICAL

Applies to: Claim construction opening brief
Must include: exhibits

Opening briefs must include all asserted patents as searchable PDF exhibits.

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Preliminary inringement contentions

Preliminary Infringement Contentions must be served within 30 days of defendant's appearance.

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:

Judge Kathleen Cardone

CRITICAL

Applies to: Juror questionnaire
Must include: proposed order

The proposed questionnaire should be provided to the Court as soon as possible, but no later than sixty days before trial.

Judge Kathleen Cardone

CRITICAL

Applies to: Sentencing memorandum

The Sentencing Memorandum should be filed with the District Clerk's Office as least three days prior to any sentencing hearing.

Judge Kathleen Cardone

CRITICAL

Applies to: Motion to suppress
Must include: background statement of uncontested facts

Motions to Suppress must include background statement of uncontested facts.

Motions to Suppress should contain a background statement of uncontested facts.

Judge Kathleen Cardone

CRITICAL

Applies to: Report of parties planning meeting

Report of Parties’ Planning Meeting due within 45 days of first defendant appearance or removal.

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Sentencing memorandum
Must include: filing deadline

The Sentencing Memorandum should be filed with the District Clerk’s Office as least three days prior to any sentencing hearing.

Judge Kathleen Cardone

CRITICAL

Applies to: Sentencing memorandum

Sentencing Memorandum must be served on Probation Officer and opposing counsel.

Counsel shall provide a copy of the Sentencing Memorandum to the Probation Officer and opposing counsel.

Judge Kathleen Cardone

CRITICAL

Applies to: Summary judgment evidence

Evidence materials cited in the factual statements must be filed and served with the Proposed Undisputed Facts and Response to Proposed Undisputed Facts.

The affidavits, declarations, deposition testimony, responses to discovery requests, or other documents and materials containing such evidence shall be filed and served with the Proposed Undisputed Facts and the Response to Proposed Undisputed Facts.

Judge Kathleen Cardone

CRITICAL

Applies to: Motion to suppress

Motions to Suppress must include a background statement of uncontested facts.

Motions to Suppress should contain a background statement of uncontested facts.

Judge Kathleen Cardone

CRITICAL

Applies to: Trial exhibit
Must include: exhibit number

Trial exhibits must be marked and exchanged at least 3 days before trial.

Judge Kathleen Cardone

CRITICAL

Applies to: Trial exhibit
Must include: exhibit list

Trial exhibits must be marked and exchanged with opposing parties at least 3 days before trial.

Judge Kathleen Cardone

CRITICAL

Applies to: Letter brief
Must include: prohibited

Letter briefs should not be submitted.

Judge Kathleen Cardone

CRITICAL

Applies to: Exhibit
Must include: exhibit list

Exhibits must be marked, exchanged with opposing parties, and two copies provided to Court before pre-trial status conference.

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Preliminary infr

Parties must certify service of Preliminary Infringement Contentions with dates.

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].

Judge Kathleen Cardone

CRITICAL

Applies to: Exhibit
Must include: exhibit list

Exhibits must be labeled and exchanged with opposing parties before trial.

Judge Kathleen Cardone

CRITICAL

Applies to: Summary judgment opposition

Facts in the movant’s Proposed Undisputed Facts are deemed admitted unless the opposing party controverts them in the required response.

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Plea agreement
Must include: signed agreement provided to deputy, client conference before rearraignment

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Exhibits
Must include: inventory signature, preservation for appeal

Exhibits returned at trial end; counsel must sign inventory and preserve exhibits for appeal.

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Notice to pro se litigant

A represented party moving for summary judgment against a pro se party must file and serve a separate notice in the prescribed form.

Any represented party moving for summary judgment against a party proceeding pro se shall file and serve, as a separate document, in the form set forth below, a "Notice to Pro Se Litigant Opposing Motion for Summary Judgment as Required by Standing Order Governing Motions for Summary Judgment."

Judge Kathleen Cardone

CRITICAL

Applies to: Report of parties planning meeting

Counsel must make a good-faith attempt to identify undisputed material facts, and the report must state those facts.

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

Judge Kathleen Cardone

CRITICAL

Pro se parties must include a certification that they will cooperate to promote the just, speedy, and efficient determination of the action.

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.

Judge Kathleen Cardone

CRITICAL

Applies to: Motion

Scheduling order modifications must be made by motion

All requests for modification of the scheduling order must be made in the form of a motion to the Court.

Judge Kathleen Cardone

CRITICAL

Applies to: Removal documents
Must include: state court docket sheet, all state court documents

Judge Kathleen Cardone

CRITICALCivil cases

Applies to: Criminal case
Must include: attorney responsibility

Defense counsel must coordinate defendant's appropriate attire with U.S. Marshals before trial; jail clothing is unacceptable.

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.

Judge Orlando L. Garcia

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

Counsel must confer on all discovery and dispositive motions and include certificate of conference.

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.

Judge Orlando L. Garcia

CRITICALCivil cases

Applies to: Deposition testimony
Must include: excerpts, page line designations

Deposition testimony excerpts with page/line designations required with pretrial materials.

Yes, page/line designations and excerpts must be submitted with pretrial materials.

Judge Orlando L. Garcia

CRITICALCivil cases

Applies to: Rule 12(b)(6) motion
Must include: certificate of conference

Rule 12(b)(6) motions without Certificate of Conference will be stricken.

Any Rule 12(b)(6) Motion filed without this Certificate of Conference will be stricken.

Judge Orlando L. Garcia

CRITICALCivil cases

Applies to: Objection to presentence investigation report

Objections to Presentence Investigation Report must be communicated in writing to Probation Officer only.

Communicated in writing to the Probation Officer only.

Judge Orlando L. Garcia

CRITICALCivil cases

Applies to: Motion
Must include: proposed order

File motion with proposed order to modify scheduling order.

What is the court's procedure for requests for modification of scheduling orders? Parties shall file a motion with a proposed order.

Judge Orlando L. Garcia

CRITICALCivil cases

Applies to: Discovery motion
Must include: certificate of conference

Discovery motions must specify material sought and include certificate of conference.

Yes. Please be specific as to the material you are seeking. Include a certificate of conference.

Judge Orlando L. Garcia

CRITICALCivil cases

Applies to: Motion
Must include: motion for leave

Additional briefing beyond motion/response/reply requires motion for leave.

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.

Judge Orlando L. Garcia

CRITICALCivil cases

Applies to: Rule 12(b)(6) motion
Must include: certificate of conference

Rule 12(b)(6) motions must include a Certificate of Conference.

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.

Judge Orlando L. Garcia

CRITICALCivil cases

Applies to: Motion
Must include: proposed order, certificate of conference

Motions without a certificate of conference or proposed order.

Judge Orlando L. Garcia

CRITICALCivil cases

Applies to: Scheduling 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.

Judge Orlando L. Garcia

CRITICALCivil cases

Applies to: Non-dispositive motion
Must include: certificate of conference

Non-dispositive motions without Certificate of Conference may be stricken.

The Court may strike any non-dispositive motions that do not include a Certificate of Conference. See W.D. Tex. R. CV-7(g).

Judge Orlando L. Garcia

CRITICALCivil cases

Applies to: Demonstrative exhibit
Must include: exchange with adversary

Demonstratives must be exchanged within 24 hours of trial presentation.

Yes. Within 24 hours of being presented at trial.

Judge Orlando L. Garcia

CRITICALCivil cases

Applies to: Patent trademark copyright case

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

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.

Judge Robert Pitman

CRITICALCivil cases

Applies to: Motion to amend
Must include: redline comparison

Motions for leave to file an amended pleading should include a redline comparison of the proposed amended pleading against the previous version.

Judge Xavier Rodriguez

CRITICALCivil cases

Discovery must comply with Local Rule AT-4 standards.

Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Sentencing memorandum
Must include: unresolved objections, authorities relied upon, sentencing recommendations

Objections to PSIR/Guideline Worksheet first go to Probation Officer, then Sentencing Memorandum if unresolved.

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, any authorities relied upon and sentencing recommendations for the Court's consideration.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Notice of removal

A notice of removal must plead an individual’s citizenship; alleging residence alone is insufficient.

For individuals, pleading residence is insufficient; the notice of removal must plead their citizenship.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Motion

A motion filed in state court before removal that remains unresolved must be refiled as a new motion in this Court.

Any motion filed in the state court before removal that still requires resolution in this Court must be re-filed as a new motion in this Court.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Deposition
Must include: copy to chambers, page line citation, objections with authority

Depositions must be provided to Courtroom Deputy before trial; objections with authority due 3 business days before trial.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Notice of removal

A party seeking diversity jurisdiction must specifically allege the citizenship of every member of each LLC or partnership involved in the litigation.

“A party seeking to establish diversity jurisdiction must specifically allege the citizenship of every member of every LLC or partnership involved in a litigation.”

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Brief
Must include: exhibits

Yes, copies of cases should be attached to briefs or motions, and copies from electronic databases are acceptable with pertinent parts highlighted.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Letter brief

Letter briefs should not be submitted.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Motion

Specific motion filing rules: no combined response/motion, background statement for suppression motions, written trial date modifications, and in limine motions limited to disputed matters.

• Do not submit a response and a motion together in one document. • Motions to Suppress should contain a background statement of uncontested facts. • Any request that a trial date be modified must be made in writing. • A motion in limine must be confined to matters actually in dispute.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Removal documents
Must include: state court docket sheet, all state court documents

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Rule 7 1 disclosure statement
Must include: judge name

Nongovernmental corporate parties must file Rule 7.1 disclosure statement with first filing and supplement if information changes.

Any nongovernmental corporate party must file its Fed. R. Civ. P. 7.1 Disclosure Statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. If any required information changes, any nongovernmental corporate party must promptly file a supplemental statement.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Initial disclosures
Must include: caption, judge name

Rule 26(a)(1) initial disclosures must be exchanged within 14 days of this order.

If not already exchanged, the parties must serve the Rule 26(a)(1) initial disclosures on each other no later than 14 days from the date this Order is signed.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Trial exhibit
Must include: exhibit number

Trial exhibits must be marked and exchanged 3 days before trial, but not delivered to court until trial starts.

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 3 days before the date of the trial setting. Unless the court advises the parties otherwise, however, they must not deliver trial exhibits, or the court's copies of such exhibits, to the court before the date the trial actually commences.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Motion to dismiss

Motions to Dismiss and Motions for Summary Judgment should contain a background statement of uncontested facts.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Rule 26f report
Must include: proposed order

The parties’ Rule 26(f) written report outlining their proposed discovery plan should be filed at the same time the parties submit their proposed scheduling order.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Jury questionnaire
Must include: permission required

Only with permission. The proposed questionnaire should be provided to the Court as soon as possible, but no later than 60 days before trial.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Advisory

The advisory must state whether the case was removed from one of the listed counties and, if not, identify the county of removal.

(d) Was this case removed from one of the following counties: Atascosa, Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, Real, or Wilson. If no, state what county it was removed from.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Final joint pretrial order
Must include: proposed order

Final Joint Pretrial Order required with items specified in Scheduling Order

A Final Joint Pretrial Order is required. A listing of items required to be included are specified in the Scheduling Order.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Voluntary dismissal
Must include: case number

Court will sign voluntary dismissals only if all issues are resolved.

The court will sign voluntary dismissals so long as such dismissals resolve all issues.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Advisory

The advisory must state when the removing party was served, explain a notice of removal filed more than 30 days later, or identify and date any “other paper” supporting removal and provide it if not already provided.

(a) The date on which the removing party was served with a summons and petition. If the Notice of Removal is filed more than thirty days after this date, explain why. If removal is based on “other paper,” identify the paper (provide it if not already provided) and state the date on which it was received.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Motion
Must include: re urge state court motion

Motions filed in state court must be re-urged in federal court

Parties must re-urge any motion that was filed in state court.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Notice of removal

In a diversity removal, the removing party must properly plead all parties’ citizenship to demonstrate complete diversity.

If this case has been removed on the basis of diversity jurisdiction under 28 U.S.C. § 1332, the removing party has the burden to demonstrate that there is complete diversity by properly pleading the citizenship of all parties.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Notice of removal

A removing party must allege a corporation’s state of incorporation and principal place of business.

The removing party must allege both a corporation’s state of incorporation and its principal place of business.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Motion in limine

Motions in limine must address only disputed matters.

A motion in limine must be confined to matters actually in dispute.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Notice of removal

When LLC members or partnership partners are themselves entities or associations, citizenship must be traced through each layer until reaching an entity that is not a limited liability entity or partnership and identifying its citizenship.

When members or partners are themselves entities or associations, citizenship must be traced through however many layers of members/partners there are until arriving at the entity that is not a limited liability entity or partnership and identifying its citizenship status.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Scheduling order
Must include: proposed order

Court requires parties to confer and submit proposed scheduling order

The Court will send the parties an order requiring them to confer and submit a proposed scheduling order to the Court. Failure to submit a proposed scheduling order will result in the Court issuing its own order.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Response
Must include: separate document

Response and motion must be separate documents.

Do not submit a response and a motion together in one document.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Plea agreement
Must include: advance submission, client conference required

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.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Advisory

The advisory must identify any defendant served before removal who did not formally join the notice of removal, state the reasons, and provide any written consents not already on file.

(c) Identify any defendant who had been served prior to the time of removal who did not formally join in the notice of removal and the reasons therefor (provide copies of written consents, if any, if not already on file).

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Motion to dismiss
Must include: separate document

Motion to dismiss and answer must be separate documents.

Do not combine a motion to dismiss and an answer in one document.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Supplemental briefing
Must include: motion for leave

Supplemental briefing permitted with motion for leave of court.

Yes. Parties may file a motion for leave of court to submit supplemental briefing.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Advisory

The advisory must identify whether any defendants served before removal are Texas citizens.

(b) Identify whether any defendants who had been served prior to the time of removal are citizens of Texas.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Rule 26f report
Must include: proposed order

Except in categories of proceedings exempted from initial disclosure under Fed. R. Civ. P. 26(a)(1)(E), the parties must, as soon as practicable and in any event at least 21 days before a proposed scheduling order is due, confer to consider all matters required by Rule 26(f).

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Exhibit inventory
Must include: signature required

Exhibits returned at trial conclusion; counsel must sign inventory and preserve exhibits for appeal.

At the conclusion of trial, the Courtroom Deputy will approach counsel and return all exhibits. Counsel will be required to sign an Inventory of Exhibits. Counsel are responsible for maintaining exhibits in an unaltered and safe manner for appeal.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Deposition
Must include: copy to chambers

Deposition procedures require 3 business days for objections and copies to Courtroom Deputy.

The Court will accept the parties' agreement to use a deposition at trial even though the witness is available. Otherwise, parties must follow Fed. R. Civ. P. 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. Use of videotape depositions is permitted to the extent the parties agree on admissibility or edit to resolve objections.

Judge Xavier Rodriguez

CRITICALCivil cases

Applies to: Sentencing memorandum
Must include: exhibits or letters

As part of the Sentencing Memorandum, counsel may submit exhibits/letters. The Sentencing Memorandum should be filed with the Clerk's Office as least 3 days prior to any sentencing hearing. Counsel shall provide a copy of the Sentencing Memorandum to the U. S. Probation Officer and opposing counsel.

Judge Xavier Rodriguez

CRITICALCriminal cases

Applies to: Joint proposed jury charge

Instructions from other circuits require full text, circuit name, and edition/year

If a party proposes an instruction from another circuit’s pattern jury instructions, that party must provide the section, title, and full text of the specific section containing the proposed instruction, along with the name of the circuit and the year/edition of the pattern jury instructions.

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Joint proposed jury charge

Disagreements require full text of each party's proposed charge with highlighting and nature of disagreement identified

If the parties disagree on any instruction or set of instructions (as provided under a section of the pattern jury instructions), each party must provide the full text of their respective proposed charge, denoting the party’s name and highlighting, or otherwise pointing out, those portions of the instruction or the set of instructions about which the parties disagree, and the nature of the parties’ disagreement. If a specific instruction or set of instructions is proposed by only one party, that party must provide the full text of the proposed instruction or set of instructions, denoting that proposing party’s name, and the other party must include the nature of its objection, if any, to the proposed instruction or set of instructions.

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Witness list

Parties must file a list of potential trial witnesses.

The parties shall file a list of any potential trial witnesses.

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Brady disclosure
Must include: no request required, continuing disclosure obligation

Government has continuing Brady disclosure obligations regardless of defendant's request

The Court reminds the Government of its continuing obligation to disclose any exculpatory evidence to the Defendant and to learn of any such evidence known to others acting on the Government’s behalf. See Kyles v. Whitley, 514 U.S. 419 (1995). The Government’s disclosure obligations apply even when the defendant has not requested any exculpatory evidence from the Government. See United States v. Agurs, 427 U.S. 97 (1976).

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Brady disclosure
Must include: brady not diminished by jencks, brady not diminished by rule 16, in came review for non material

Brady obligations not diminished by Jencks Act or Rule 16; submit non-material exculpatory evidence for in camera review

These obligations to timely provide exculpatory evidence are not diminished by the fact that such evidence also constitutes evidence that must be produced later under the Jencks Act, 18 U.S.C. § 3500, or by the fact that such evidence need not be produced according to Federal Rule of Criminal Procedure 16. See United States v. Campagnuolo, 59 F.2d 852 (5th Cir. 1979); Fed. R. Crim P. 16 advisory comm.’s notes to 1974 amend. (“The rule is intended to prescribe the minimum amount of discovery to which the parties are entitled.”). If the Government identifies any evidence which it believes to be exculpatory or favorable to the Defendant but not material, the Government shall submit such information to the Court for in camera review.

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Trial length estimation
Must include: joint proceedings

Joint statement estimating trial length required.

The parties shall jointly file a statement with an estimate of the probable length of trial.

Magistrate Judge Anne T. Berton

CRITICALCivil cases

Applies to: Opening brief

Plaintiff's opening brief must include four required sections: statement of the case with record citations, statement of issues, summary of arguments (not just headings), and arguments with citations.

The plaintiff's opening brief must contain: (a) A statement of the case. This statement must briefly describe the procedural history, including any disposition, at the administrative level and must set forth a concise statement of the case setting out the facts relevant to the issues submitted for review. Each statement of fact shall be supported by reference to the page in the record where the evidence may be found. (b) A statement of the issues for review. This statement should include a list of specific errors which the plaintiff claims were committed by the Administrative Law Judge or the Appeals Council. (c) A Summary of Arguments. The summary must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief, and which must not merely repeat the argument headings. (d) Arguments. This section of the brief must contain the plaintiff's contentions and the reasons for them, with citations to the authorities and parts of the record on which the plaintiff relies.

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Joint proposed jury charge

Substantive offense instructions require section, title, and full text with case-specific modifications

For substantive offense jury instructions based on the Fifth Circuit Pattern Jury Instructions, the parties must provide the section, title, and full text (modified with case specific information as needed) of the specific section containing the proposed instruction.

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Exhibits

Trial exhibits must be uploaded to Box with file names matching proposed labels and following JERS naming convention.

The parties shall follow these instructions and upload all trial exhibits to Box. The file name for each uploaded exhibit must match that exhibit's proposed label on the record and follow the naming convention required by the Jury Evidence Recording System (JERS)

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Trial exhibits
Must include: specific naming, electronic filing

Before the pretrial conference, the Courtroom Deputy will email instructions Trial with a Box File Request link to each party. The parties shall follow these instructions and upload all trial exhibits to Box. The file name for each uploaded exhibit must match that exhibit’s proposed label on the record and follow the naming convention required by the Jury Evidence Recording System (JERS): https://www.txwd.uscourts.gov/for-attorneys/jers-jury- evidence-recording-system/. Counsel must use specific, descriptive file names rather than vague or generic labels, as these file names will be visible to jurors when viewed through JERS at the end of a jury trial.

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Joint exhibit list
Must include: objections, agreed exhibits, joint proceedings

Joint Exhibit List required after party conference, listing agreed exhibits and objections.

The parties shall file a Joint Exhibit List. Before filing, the parties must confer and discuss the admissibility of their respective exhibits. The Joint Exhibit List shall list the exhibits that the parties jointly agree to admit and identify any objections to the other party’s designated exhibits to which a party objects. The Court will address any disputed exhibits at a pretrial conference held before trial. The parties shall number their exhibits under Local Rule CV-16(h).

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Witness list

List of potential trial witnesses required.

The parties shall file a list of any potential trial witnesses.

Magistrate Judge Anne T. Berton

CRITICALCivil cases

Applies to: Notice of electronic filing
Must include: notice of electronic filing

Commissioner's answer deadline triggered by specific NEF stating 60-day deadline

The Commissioner’s deadline to serve and file an answer or a Federal Rule of Civil Procedure 12 motion as provided under Rule 4 of the Supplemental Rules of Social Security Actions of the Federal Rules of Civil Procedure (hereinafter, the Supplemental Rules) IS TRIGGERED by a Notice of Electronic Filing that (a) is sent by the Court or its Clerk’s Office to the appropriate office within the Administration’s Office of General Counsel and to the United States Attorney for this District and (b) substantially states, “The Commissioner’s Answer is due within 60 days of the date of this Notice of Electronic Filing.”

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Brady disclosure
Must include: napue materials, giglio materials, exculpatory evidence +1 more

Government must disclose Brady/Giglio/Napue materials to defendant

The Government shall disclose to the Defendant and permit inspection and copying of all information and materials known to the Government which may favor the Defendant on the issues of guilt or punishment within the scope of Brady v. Maryland, 373 U.S. 83 (1963), or which tends to impeach the Government witnesses. The Government shall also disclose to the Defendant the existence and substance of any payments or promises of immunity, leniency, or preferential treatment made to prospective Government witnesses within the scope of Giglio v. United States, 405 U.S. 150 (1972), and Napue v. Illinois, 360 U.S. 264 (1959).

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Trial exhibits
Must include: electronic filing, before deliberations

All admitted trial exhibits must be uploaded to Box before jury deliberations.

Parties must ensure that all trial exhibits admitted into evidence are uploaded to Box before deliberations begin. Exhibits not uploaded will not be available for release to the jury through JERS.

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Joint proposed jury charge

General instructions: list section numbers/titles; case-specific or modified sections require full text with changes identified

For general and preliminary jury instructions based on the Fifth Circuit Pattern Jury Instructions, the parties need only provide a list of the applicable section numbers and titles (e.g., § 1.05 Presumption of Innocence, Burden of Proof, Reasonable Doubt), not the full text. But if a section requires case- specific information (e.g., § 1.18 regarding Expert Opinion Testimony requires the name of expert and subject matter of the expert’s opinion testimony) or if the parties substantively modify the text of any section in the Joint Proposed Charge, the parties must also provide the full text of the affected section as modified and clearly identify the changes.

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Joint motion in limine

Joint Motion in Limine must identify agreed and disputed items including objections, filed only after conferring.

The parties shall file a Joint Motion in Limine but only after the parties confer and discuss their individual motion(s), if any. The Joint Motion in Limine shall identify the items that the parties jointly agree on and the items they dispute, including any related objections.

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Exhibits

All admitted trial exhibits must be uploaded to Box before deliberations begin or they will not be available to jury.

Parties must ensure that all trial exhibits admitted into evidence are uploaded to Box before deliberations begin. Exhibits not uploaded will not be available for release to the jury through JERS.

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Joint exhibit list

Joint Exhibit List must list agreed exhibits and identify objections, filed after conferring on admissibility.

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Stipulated facts

List of proposed stipulated facts required if applicable.

The parties shall file a list of proposed stipulated facts, if any.

Magistrate Judge Anne T. Berton

CRITICALCivil cases

Applies to: Opening brief

Opening brief must contain specific sections: statement of case, issues, summary of arguments, and arguments

The plaintiff’s opening brief must contain: (a) A statement of the case. This statement must briefly describe the procedural history, including any disposition, at the administrative level and must set forth a concise statement of the case setting out the facts relevant to the issues submitted for review. Each statement of fact shall be supported by reference to the page in the record where the evidence may be found. (b) A statement of the issues for review. This statement should include a list of specific errors which the plaintiff claims were committed by the Administrative Law Judge or the Appeals Council. (c) A Summary of Arguments. The summary must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief, and which must not merely repeat the argument headings. (d) Arguments. This section of the brief must contain the plaintiff’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the plaintiff relies.

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Joint motion in limine
Must include: agreed items, disputed items, joint proceedings

Joint Motion in Limine required after party conference, identifying agreed and disputed items.

Magistrate Judge Anne T. Berton

CRITICALCriminal cases

Applies to: Joint proposed jury charge
Must include: joint filing, email word version, subject line requirements

Parties must file joint proposed jury charge and verdict form, email Word version to judge

The parties shall meet and confer, and then file a Joint Proposed Jury Charge and a Verdict Form consistent with the guidelines below. Upon filing, the parties shall promptly email a Microsoft Word version of the Joint Purposed Jury Charge and the Verdict Form as filed, to the undersigned’s email address at anne_berton@txwd.uscourts.gov (the email’s subject line must include the case number and the text “Joint Proposed Jury Charge”). The Court prefers that the Proposed Jury Charge be based on the Fifth Circuit Pattern Jury Instructions (the most recent edition), but the Court may consider instructions based on another circuit’s pattern jury instructions.

Magistrate Judge Anne T. Berton

CRITICALCivil cases

Applies to: Motion to seal
Must include: certificate of conference

Every motion to seal information designated confidential by a party or non-party must certify that the parties met and conferred.

All motions to seal information that has been designated as confidential, whether by a party or non- party to the action, must include language certifying that the meet and confer requirement has been met.

Magistrate Judge Dan MacLemore

CRITICALCivil cases

Applies to: Exhibits

Trial exhibits must be pre-marked at the final pre-trial conference.

Any exhibit which may be introduced at trial must be pre-marked at the final pre-trial conference.

Magistrate Judge Dan MacLemore

CRITICALCivil cases

Applies to: Proposed findings conclusions

Proposed findings of fact and conclusions of law are required in non-jury trials.

Proposed Findings of Fact and Conclusions of Law are required in non-jury trials.

Magistrate Judge Dan MacLemore

CRITICALCivil cases

Applies to: Motion to seal
Must include: certificate of conference

Motions to seal must include certification of meet and confer compliance.

Magistrate Judge Dan MacLemore

CRITICALCivil cases

Applies to: Proposed findings conclusions

Proposed Findings of Fact and Conclusions of Law are mandatory in non-jury civil trials.

Proposed Findings of Fact and Conclusions of Law are required in non-jury trials.

Magistrate Judge Dan MacLemore

CRITICALCivil cases

Applies to: Demonstrative exhibit

Demonstrative exhibits must receive Court approval before being shown to the jury at trial.

Demonstrative exhibits used during trial must be approved by the Court prior to being displayed to the jury.

Magistrate Judge Dan MacLemore

CRITICALCivil cases

Applies to: Notice of settlement

Notice of Settlement must be filed promptly upon case settlement.

If the parties settle their case, counsel shall promptly file a Notice of Settlement.

Magistrate Judge Dan MacLemore

CRITICALCivil cases

Applies to: Trial exhibit

Any exhibit that may be introduced at trial must be pre-marked at the final pre-trial conference.

Any exhibit which may be introduced at trial must be pre-marked at the final pre-trial conference.

Magistrate Judge Dan MacLemore

CRITICALCivil cases

Applies to: Stipulation of dismissal

Stipulation of dismissal must be filed within 30 days of Notice of Settlement filing or before trial, whichever is sooner.

Additionally, the parties must submit a stipulation of dismissal or an agreed order of dismissal within 30 days of the date the Notice of Settlement was filed or before the trial date, whichever is sooner, unless that date is extended by the Court upon motion, or the Court directs otherwise.

Magistrate Judge Dan MacLemore

CRITICAL

Applies to: Audio recording request
Must include: payment, cm ecf filing, audio recording order form

Audio recording requests require AO 436 form, CM/ECF filing, and $34 payment by mail.

To request an audio recording, please complete out the Audio Recording Order form (AO 436) and e-file the form to CM/ECF (using the same "Transcript Request" selection as discussed above). Please also submit a $34.00 payment made out to "Clerk, US District Court" and mail it to US Courthouse, 800 Franklin Ave., Room 380, Waco, Texas 76701.

Magistrate Judge Derek Gilliland

CRITICAL

Applies to: Motion
Must include: proposed order

All extension requests must be made by motion with title indicating joint/unopposed/contested status and proposed order.

Any standing order regarding joint or unopposed requests to change deadlines does not apply to cases referred to the undersigned. It is therefore ORDERED that in all cases referred to the undersigned, any requests to extend any deadline or to amend any portion of a scheduling order shall be made by motion; shall indicate in the title whether it is joint, unopposed, or contested; and shall include a proposed order.

Magistrate Judge Derek Gilliland

CRITICAL

Applies to: Exhibit

Exhibit number must be displayed on first page bottom right corner.

The exhibit number needs to be clearly displayed on the first page of each exhibit. i.e. “P 1” or “Plaintiff Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:

Magistrate Judge Derek Gilliland

CRITICAL

Applies to: Exhibit

Government exhibit number must be displayed on first page bottom right corner.

i.e. “G 1” or “Government Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:

Magistrate Judge Derek Gilliland

CRITICAL

Applies to: Transcript request
Must include: cm ecf filing, transcript order form

For court reporter hearings, request transcript from reporter, complete AO 435, and file CM/ECF request.

For hearings Reported by a court reporter, the contact information for the reporter will appear on the minute entry, and a transcript can be obtained by: 1. Requesting the transcript (orally or by email) from the listed court reporter; 2. Completing Transcript Order Form (AO 435), flatten the PDF; and 3. File a Transcript Request in CM/ECF under "Other Documents" (see below).

Magistrate Judge Derek Gilliland

CRITICAL

Applies to: Transcript request
Must include: cm ecf filing, transcript order form

Transcript requests require completing AO 435 form and CM/ECF filing.

To request a transcript, please also then complete steps (2) and (3) above (fill out AO435 Form and submit on CM/ECF).

Magistrate Judge Derek Gilliland

CRITICALCivil cases

Applies to: Exhibits

Parties are encouraged to submit their exhibits, demonstratives or presentation slides for hearings at least one (1) hour except as otherwise instructed by the court before the hearing start time via email to opposing counsel and court staff

Magistrate Judge Derek Gilliland

CRITICAL

Applies to: Exhibit

Joint exhibit number must be displayed on first page bottom right corner.

i.e. “J 1” or “Joint Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:

Magistrate Judge Derek Gilliland

CRITICAL

Applies to: Exhibit

Defendant exhibit number must be displayed on first page bottom right corner.

i.e. “D 1” or “Defendant Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:

Magistrate Judge Derek Gilliland

CRITICAL

Applies to: Transcript request
Must include: court approved reporter

For these Audio-Recorded hearings, a copy of the proceedings is available upon request and payment by either: A. Requesting a transcript of the digitally recorded court proceeding to be made by a court-approved reporter, OR

Magistrate Judge Derek Gilliland

CRITICAL

Applies to: Transcript request
Must include: exclusive request

Parties cannot request both transcript and audio recording; once transcript requested, audio unavailable.

A party may not request both options, and once any party requests option (A), no audio recordings will be made available for purchase.

Magistrate Judge Derek Gilliland

CRITICALCivil cases

Applies to: Separate pretrial filing

Each party’s separate filing must include the questions it wants the Court to ask prospective jurors.

(1) A list of questions the party desires the court to ask prospective jurors.

Magistrate Judge Miguel A. Torres

CRITICALCivil cases

Applies to: Joint pretrial filing

The joint pretrial filing must identify each exhibit, except impeachment-only exhibits, and distinguish exhibits expected to be offered from those that may be offered if needed.

(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.

Magistrate Judge Miguel A. Torres

CRITICALCivil cases

Applies to: Joint pretrial filing

The joint pretrial filing must list objections to the other party’s designated deposition testimony under Rule 32(a).

(1) A list disclosing any objections to the use under Rule 32(a) of deposition testimony designated by the other party.

Magistrate Judge Miguel A. Torres

CRITICALCivil cases

Applies to: Separate pretrial filings

Each party must file the information specified in CV-16(e)(1) and (e)(7)-(9) separately.

The following information shall be filed by each party separately: Local Court Rule CV-16(e)(1) and (e)(7)-(9).

Magistrate Judge Miguel A. Torres

CRITICALCivil cases

Applies to: Joint pretrial filing

The joint document must identify any disagreements, indicate where they arise, and state the parties’ positions.

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.

Magistrate Judge Miguel A. Torres

CRITICALCivil cases

Applies to: Joint pretrial filing

Exhibit identifications and objections required by CV-16(f)(2) must be incorporated with the CV-16(e)(4) exhibit information.

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).

Magistrate Judge Miguel A. Torres

CRITICALCivil cases

Applies to: Joint pretrial filing

The joint pretrial filing must disclose exhibit admissibility objections and their grounds; undisclosed objections are waived except Rule 402 or 403 objections, unless the Court excuses the omission for good cause.

(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.

Magistrate Judge Miguel A. Torres

CRITICALCivil cases

Applies to: Separate pretrial filing

In nonjury trials, each party’s separate filing must include proposed findings of fact and conclusions of law.

(8) In nonjury trials, Proposed Findings of Fact and Conclusions of Law.

Magistrate Judge Miguel A. Torres

CRITICAL

Applies to: Case management report

The parties must jointly develop and file a Case Management Report within 45 days after a defendant appears, including when a notice of removal is filed.

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.

Magistrate Judge Miguel A. Torres

CRITICALCivil cases

Applies to: Joint pretrial filing

The joint pretrial filing must include a list of stipulated facts.

(3) A list of stipulated facts.

Magistrate Judge Miguel A. Torres

CRITICALCivil cases

Applies to: Joint pretrial filing

The joint pretrial filing must list each non-impeachment witness’s name and, if not previously provided, address and telephone number, distinguishing expected witnesses from those who may be called if needed.

(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.

Magistrate Judge Miguel A. Torres

CRITICALCivil cases

Applies to: Joint pretrial filing

The joint pretrial filing must estimate the probable length of trial.

(10) An estimate of the probable length of trial.

Magistrate Judge Miguel A. Torres

CRITICALCivil cases

Applies to: Separate pretrial filing

Each party’s separate filing must include proposed jury instructions and verdict forms.

(7) Proposed jury instructions and verdict forms.

Magistrate Judge Miguel A. Torres

CRITICALCivil cases

Applies to: Joint pretrial filing

The joint pretrial filing must name witnesses whose testimony will be presented by deposition, designate the page and line of testimony to be offered, and include pertinent transcript portions if the deposition was not stenographically recorded; impeachment-only witnesses are excepted.

(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.

Magistrate Judge Miguel A. Torres

CRITICAL

Applies to: Case management report

The Case Management Report must present its required information in separately numbered paragraphs.

The report shall contain the following information in separately numbered paragraphs:

Magistrate Judge Miguel A. Torres

CRITICAL

Applies to: Deposition testimony
Must include: agreement of all parties

Yes, but only by agreement of all parties. This should be addressed well before trial.

Magistrate Judge Richard B. Farrer

CRITICAL

Applies to: Advisory
Must include: judge name

File Advisory when contested motion is resolved; call chambers if time sensitive.

Yes, please. File an Advisory notifying the Court. If the resolution of the contested motion is time sensitive, please also call chambers to advise of the situation.

Magistrate Judge Richard B. Farrer

CRITICAL

Applies to: Deposition excerpts
Must include: provide to court during trial

A party intending to present testimony by deposition should provide deposition excerpts to the Court during the trial for the record.

Magistrate Judge Richard B. Farrer

CRITICAL

Applies to: Motion
Must include: judge name

For expedited hearings, file motion explaining need and deadlines, then contact chambers.

If counsel requires an expedited hearing in a civil case, file an appropriate motion and contact chambers to alert the Court of the situation. Any motion should explain the need for expedited relief and the deadline(s) by which it is requested.

Magistrate Judge Richard B. Farrer

CRITICALCivil cases

Applies to: Motion for modification of scheduling order
Must include: proposed order, certificate of conference

Parties should confer and then file an Agreed Motion for Modification of Scheduling Order. If the modification is not agreed, the moving party should note that in the required Certificate of Conference. Please include a proposed order that includes the new deadline(s) requested.

Magistrate Judge Richard B. Farrer

CRITICAL

Applies to: Demonstratives
Must include: exchange required

Yes. Parties should exchange demonstratives prior to using them in trial. Typically, parties should do so at least 3 days prior to the Final Pretrial Conference, so that if any objections or issues are raised about the demonstrative exhibit, they can be timely addressed.

Magistrate Judge Richard B. Farrer

CRITICAL

Applies to: Motion
Must include: judge name

When relief is required from the Court, including regarding scheduling, a motion should be filed with the Court.

Magistrate Judge Richard B. Farrer

CRITICALCivil cases

Applies to: Objection list

Objections to exhibits must be disclosed with grounds 7 days before trial; undisclosed objections waived unless good cause shown.

A list disclosing any objection, together with the grounds therefore, that may be made to the admissibility of any exhibits must be submitted 7 days before the date of the trial setting. 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.

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Letter brief

Letter Briefs should not be submitted.

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Deposition exhibit
Must include: copy to chambers, page line designation

Deposition exhibits must be provided to Courtroom Deputy before trial with 7-day objection deadline.

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 7 days before pretrial conference or trial if a pretrial conference is not set. Use of videotape depositions is permitted to the extent the parties agree on admissibility or edit to resolve objections.

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Proposed scheduling order
Must include: judge name

Court issues scheduling order requiring parties to confer and submit proposed order within 30 days

The Court will send the parties an order requiring them to confer and submit a proposed scheduling order to the Court. Failure to submit a proposed scheduling order within the Court’s thirty (30) day deadline will result in the Court issuing its own order.

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Removal proceeding
Must include: re urge prior motions, state court docket sheet, all state court documents

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Sentencing objection
Must include: submission to probation officer

Objections at sentencing must be submitted to Probation Officer beforehand.

Objections raised at sentencing that were not previously submitted to the Probation Officer.

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Deposition
Must include: witness name, page line designation

Yes. Parties should submit to the Court 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 at least 7 days prior to pretrial conference or trial if a pretrial conference is not set.

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Deposition
Must include: page line designation, objections with authority

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

Motions to suppress must include citation to authorities and a certificate of conference.

Does the court have any specific requirements for motions to suppress? If so, please describe them. Motions should contain specific and detailed factual allegations, and not general assertions. The Court requires motions to include pertinent citation to authorities and a certificate of conference required by Local Rules 7(d)(i) and 7(i).

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

Motions must include citations to authorities and certificate of conference per Local Rules 7(d)(i) and 7(i).

The Court requires motions to include pertinent citation to authorities and a certificate of conference required by Local Rules 7(d)(i) and 7(i).

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Dispositive motion
Must include: caption, judge name, case number

Dispositive motions must be filed by a specific deadline.

All dispositive motions shall be filed no later than _________________.

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

Motions must include citation to authorities and a certificate of conference per Local Rules 7(d)(i) and 7(i).

The Court requires motions to include pertinent citation to authorities and a certificate of conference required by Local Rules 7(d)(i) and 7(i).

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Jury instructions
Must include: electronic format

Yes. Proposed jury instructions, verdict forms and/or proposed finds of fact and conclusions of law should be provided in Microsoft Word and emailed to priscilla_springs@txwd.uscourts.gov.

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Sentencing memorandum

Objections to presentence investigation report should be given in writing to the probation officer who will attach it to the presentence investigation report which will be filed at the time of sentencing. If the Probation Officer does not modify the presentence investigation report or guideline worksheet and the objection remains unresolved, Counsel shall file a Sentencing Memorandum outlining the unresolved objection, any authorities relied upon and sentencing recommendations for the Court's consideration. The Sentencing Memorandum should be filed with the Clerk's Office at least 7 days prior to sentencing hearing.

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

Certificate of conference required for all criminal motions, failure to include may result in dismissal.

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

Motions in criminal cases must include a certificate of conference.

Must counsel in criminal cases confer on all motions before filing them? If so, must counsel reflect the result of their conference in the body or title of the motion? Yes. The local rules so require and failing to include a certificate of the conference and the reason for no agreement, may result in the motion being dismissed for failure to comply with the local rules.

Senior Judge David Alan Ezra

CRITICALCivil cases

Deadline: 1 week before pretrial conference
Applies to: Pretrial objections
Must include: exhibit objections, witness objections, motions in limine objections +1 more

Objections to witnesses, exhibits, and motions in limine must be submitted one week before pretrial conference or trial.

One week before the scheduled pretrial conference or trial if a pretrial conference is not set, the parties must submit their objections to any witness, deposition testimony, exhibit, or motion in limine. 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.

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Exhibit
Must include: exhibit list

Exhibits must be marked and exchanged with opposing parties at least 14 days before trial.

Yes. 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 at least 14 days before the trial setting.

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Exhibit
Must include: exhibit list

Exhibits must be marked with gummed labels/tags and exchanged before trial.

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Pretrial submission
Must include: exhibit list

Pretrial submissions required 2 weeks before trial: juror questions, voir dire statements, stipulated facts, exhibit identification, and witness information.

Pursuant to Local Rule 16(e), the Court expects the parties to submit the following two weeks prior to the scheduled trial: (1) A list of questions the party desires the court to ask prospective jurors. (2) 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 one-half page with type double-spaced. (3) A list of stipulated facts. (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. (5) The name and, if not previously provided, the address and telephone number of each witness (except those to be used for impeachment only),

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Voluntary dismissal
Must include: motion to dismiss, stipulation of dismissal

Either a motion to dismiss and order (Rule 41(a)(2)) or a stipulation of dismissal (Rule 41(a)(1)(A)(ii)) may be used. Do not use both.

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Motion
Must include: judge name

Requests for modification of scheduling orders must be made by motion

Any such request should be made by motion.

Senior Judge David Alan Ezra

CRITICALCivil cases

Deadline: 2 weeks before pretrial conference
Applies to: Pretrial submission

Pretrial submissions required two weeks before pretrial conference or trial.

Pursuant to Local Rule 16(e), the Court expects the parties to submit the following two weeks prior to the scheduled pretrial conference or trial if a pretrial conference is not set:

Senior Judge David Alan Ezra

CRITICALCivil cases

No.

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Exhibit list
Must include: exhibit consistency, exhibit list submission, exhibit marking before trial

Renumbering exhibits during trial. Exhibits should be marked prior to trial and they should match the exhibit list submitted to the court.

Senior Judge David Alan Ezra

CRITICALCivil cases

Applies to: Motion

Motions in criminal cases must reflect the result of counsel's pre-filing conference in the body or title.

14. Must counsel in criminal cases confer on all motions before filing them? If so, must counsel reflect the result of their conference in the body or title of the motion? Yes, unless Ex Parte communication with the Court is justified. Yes.

Senior Judge David Briones

CRITICALCivil cases

Applies to: Verdict forms

Yes, WordPerfect 9.0.

Senior Judge David Briones

CRITICALCivil cases

Applies to: Proposed scheduling order

The Court will enter a Scheduling Order setting the trial date upon receipt of an acceptable Proposed Scheduling Order from the parties.

Once the Court has received an acceptable Proposed Scheduling Order from the Parties, the Court will enter a Scheduling Order that sets the trial date.

Senior Judge David Briones

CRITICALCivil cases

Applies to: Motion to modify

File motion to modify scheduling orders based on Standing Discovery Order.

File a Motion requesting a modification to the previously entered Standing Discovery Order.

Senior Judge David Briones

CRITICALCivil cases

Applies to: Answer
Must include: caption, judge name

Defendants must replead within 21 days of plaintiffs filing complaint, conforming to FRCP 8, 9, and 12

If defendant(s) filed an answer in state court, defendant(s) SHALL replead by separately filing an answer that conforms to the requirements ofFederal Rules of Civil Procedure 8,9, and 12. Defendant(s)SHALL replead within twenty-one(21)days ofthe date plaintiff(s) file their complaint.

Senior Judge David C. Guaderrama

CRITICAL

Applies to: Response to summary judgment

Responses to summary judgment must include a Response to Proposed Undisputed Facts in a three-column format tracking the movant's facts.

There shall be annexed to a response to a motion for summary judgment a document entitled 'Response to Proposed Undisputed Facts.' The opposing party's Response to Proposed Undisputed Facts must be prepared in a three-column format, and track the movant's Proposed Undisputed Facts exactly as prepared by that party. The first column must restate the allegedly undisputed fact verbatim. The second column must state whether each numbered fact in the first column is undisputed or disputed. If a proposed undisputed fact is disputed, the third column must cite evidence supporting the assertion that there is a genuine issue for trial regarding the proposed undisputed fact, or provide a specific evidentiary objection to the evidence on which the movant relies in support of the proposed undisputed fact.

Senior Judge David C. Guaderrama

CRITICALCivil cases

Applies to: Complaint
Must include: caption, judge name

Plaintiffs must replead within 14 days after remand deadline expires or remand is denied

Plaintiff(s) SHALL replead vdthm fourteen(14)calendar days ofthe expiration ofthe thirty-day deadline to file a motion to remand pursuant to 28 U.S.C. § 1447(c) or vvithin fourteen days ofthe Court's order denying a motion to remand.

Senior Judge David C. Guaderrama

CRITICAL

Applies to: Motion for summary judgment

Summary judgment motions must include a Proposed Undisputed Facts document; facts are deemed admitted if not controverted.

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. 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 Section A(5) of this Standing Order.

Senior Judge David C. Guaderrama

CRITICALCivil cases

Applies to: Answer

Defendants in removed cases who filed an answer in state court must replead by filing an answer conforming to FRCP 8, 9, and 12 within 21 days of plaintiff's complaint filing.

If defendant(s) filed an answer in state court, defendant(s) SHALL replead by separately filing an answer that conforms to the requirements of Federal Rules of Civil Procedure 8, 9, and 12. Defendant(s) SHALL replead within twenty-one (21) days of the date plaintiff(s) file their complaint.

Senior Judge David C. Guaderrama

CRITICALCivil cases

Applies to: Complaint

Plaintiffs in removed cases must replead by filing a complaint conforming to FRCP 8 and 9 within 14 days of the remand deadline expiration or denial of remand motion.

IT IS ORDERED that in all removed cases, plaintiff(s) SHALL replead by separately filing a complaint that conforms to the requirements of Federal Rules of Civil Procedure 8 and 9. Plaintiff(s) SHALL replead within fourteen (14) calendar days of the expiration of the thirty-day deadline to file a motion to remand pursuant to 28 U.S.C. § 1447(c) or within fourteen days of the Court's order denying a motion to remand.

Senior Judge David C. Guaderrama

CRITICAL

Applies to: Motion and opposition
Must include: proposed order

Motions and responses in opposition must include a proposed order submitted separately from all other papers.

IT IS FURTHER ORDERED that all motions and responses in opposition to motions filed in cases on the undersigned's docket, must be accompanied by a proposed order which shall be completely separate from all other papers.

Senior Judge James R. Nowlin

WARNINGCivil cases

Applies to: Reimbursement worksheet

The date column must show the actual service date, with dates arranged chronologically.

Insert actual date of service. Dates must be in chronological order.

Chief Judge Alia Moses

WARNINGCivil cases

Applies to: Reimbursement worksheet

Separate worksheets must be prepared for different CJA hourly rates, and hours must be multiplied by the CJA rate effective on the service date.

Note: Prepare separate worksheets for different CJA hourly rates. Multiply hours by CJA rate effective on date of service.

Chief Judge Alia Moses

WARNINGCivil cases

Applies to: Reimbursement worksheet

The attorney must provide a brief but appropriately detailed description of each service noted in the worksheet’s services-provided columns.

Attorney must provide: brief, but appropriately detailed description of services noted in "Services Provided" columns per following examples:

Chief Judge Alia Moses

WARNINGCivil cases

Applies to: Expense claim

Expenses lacking proper documentation, such as receipts or other proof, may be disallowed.

Any expenses not properly documented with receipts or other proof may be disallowed by the Judge or the Non-Appropriated Fund Committee.

Chief Judge Alia Moses

WARNINGCivil cases

Applies to: Reimbursement worksheet

The worksheet must state the hours logged for each service on each date in the appropriate column.

Indicate hours logged on each dale, for each service provided, in appropriate column.

Chief Judge Alia Moses

WARNINGCivil cases

Applies to: Case readiness status report

The case readiness status report must state the scheduling order status.

A scheduling order [has been proposed and awaits entry by the Court, has been issued by the Court, or has not yet been filed].

Judge Alan D Albright

WARNINGCivil cases

Applies to: Discovery dispute submission
Must include: proposed order

The specific relief requested should propose the exact language to be issued in a court order for each part of every disputed issue.

Judge Alan D Albright

WARNINGCivil cases

Applies to: Case readiness status report

The case readiness status report must provide the complaint filing date.

Plaintiff’s Complaint was filed on [filing date].

Judge Alan D Albright

WARNINGCivil cases

Applies to: Supporting declaration

A supporting declaration should identify if any exhibit is highlighted or annotated.

Judge Alan D Albright

WARNINGCivil cases

Applies to: Case readiness status report

The case readiness status report must indicate whether a Markman date has been set, proposed, or not yet proposed.

[Indicate if a Markman date has been set, proposed, or not yet proposed.]

Judge Alan D Albright

WARNINGCivil cases

Applies to: Joint claim construction statement

When the parties submit their joint claim construction statement, in addition to the term and the parties’ proposed constructions, the parties should indicate which party or side proposed that term, or if that was a joint proposal.

Judge Alan D Albright

WARNINGCivil cases

Applies to: Joint report

Parties must file a Joint Report on meet-and-confer results within 5 business days.

The parties shall file a Joint Report within 5 business days regarding the results of the meet and confer.

Judge Alan D Albright

WARNINGCivil cases

Applies to: Case readiness status report

The case readiness status report must describe if and when defendants responded, whether by answer or motion, and any non-standard counterclaims.

[Indicate if/when the Defendant(s) responded to the Complaint, whether it was an Answer or Motion, and whether any counterclaims were filed other than counterclaims for non- infringement or invalidity]

Judge Alan D Albright

WARNINGCivil cases

Applies to: Proposed judgment

The Court discourages extensive substantive argument in editable proposed judgment drafts.

The Court discourages the parties from providing extensive substantive argument in the editable version of the proposed judgment.

Judge Alan D Albright

WARNINGCivil cases

Applies to: Notice of request for daily transcript or real time reporting

A party requesting daily transcript or real-time reporting for trial must file a notice and email the court reporter.

File Notice of Request for Daily Transcript or Real Time hearing Reporting. If a daily transcript or real time reporting of court proceedings is requested for trial, the party or parties making said request shall file a notice with the Court and email the Court Reporter, Kristie Davis at kmdaviscsr@yahoo.com

Judge Alan D Albright

WARNINGCivil cases

Applies to: Case readiness status report

The case readiness status report must indicate whether a trial date has been set, proposed, or not yet proposed.

[Indicate if a trial date has been set, proposed, or not yet proposed.]

Judge Alan D Albright

WARNINGCivil cases

Applies to: Form ao 85 notice consent

Parties seeking consent to magistrate-judge trial must submit Form AO 85.

Deadline for parties desiring to consent to trial before the magistrate judge to submit Form AO 85, “Notice, Consent, And Reference Of A Civil Action To A Magistrate Judge,” available at https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge.

Judge Alan D Albright

WARNINGCivil cases

Applies to: Case readiness status report

The case readiness status report must state the number of extensions and total extension days.

There have been [one/two] extension[s] for a total of __ days.

Judge Alan D Albright

WARNINGCivil cases

Applies to: Markman brief

For Markman briefs, the parties should also include a copy of all patents-in-suit and an editable copy of the Joint Claim Construction Statement.

Judge Alan D Albright

WARNINGCivil cases

Applies to: Case readiness status report

Plaintiff and Defendant must provide a case readiness status report.

Plaintiff [names] and Defendant [name(s)], hereby provide the following status report.

Judge Alan D Albright

WARNINGCivil cases

Applies to: Motion

Motions citing cases or exhibits must include pinpoint citations to the specific relied-upon sections.

When citing cases or exhibits in a motion, parties shall pin cite the relied-upon section of a case or exhibit.

Judge Alan D Albright

WARNINGCivil cases

Applies to: Briefing

Briefing copies must be provided to the Court and, if appointed, the technical advisor, with details deferred to General Issues Note #9.

See General Issues Note #9 regarding providing copies of the briefing to the Court and the technical advisor (if appointed).

Judge Alan D Albright

WARNINGCivil cases

Applies to: Preliminary contentions

Amendments to preliminary contentions allowed without leave if based on new material; adding claims requires leave.

Judge Alan D Albright

WARNING

Applies to: Appendix
Must include: exhibit list

Appendix must include relied-upon material even if already in the record.

A party must include such material in its appendix even if the material is already in the record—for example, as an exhibit to an earlier filing or in an earlier appendix.

Judge Andrew B. Davis

WARNINGCivil cases

Applies to: Settlement report

Parties must file a joint written report after mediation/settlement conference detailing date, attendees, progress, and prospects.

the parties must jointly prepare and ﬁle a written report, which must be signed by coun- sel for each party, detailing the date on which the mediation or settlement conference was held, the persons pre- sent (including the capacity of any representative), a statement regarding whether meaningful progress toward settlement was made, and a statement regarding the prospects of settlement.

Judge Andrew B. Davis

WARNING

Applies to: Appendix

If a party cites a page in the ap- pendix that is from a deposition and refers to an exhibit from the deposition, the party should make clear whether that exhibit is included in the appendix and, if so, identify it.

Judge Andrew B. Davis

WARNINGCivil cases

Applies to: Notice

Parties must jointly file a notice if no dispositive motion is filed.

If no party files a dispositive motion, the parties must jointly file a notice informing the Court that no such motions will be filed, so that the Court may schedule the matter for trial.

Judge Andrew B. Davis

WARNING

Applies to: Appendix
Must include: exhibit list

Include all relied-on materials except those already in an appendix for the same motion; cite existing appendix instead of duplicating.

Include all materials the party relies on, except materials already included in an appendix filed to support or oppose the same pleading or motion, or a cross-motion, such as a cross-motion for summary judgment. Do not duplicate those materials. Cite the existing appendix instead.

Judge Andrew B. Davis

WARNING

Applies to: Appendix

Table of contents must identify each item by document content.

The table of contents must identify each item by the content of the document (e.g., "Em-

Judge Andrew B. Davis

WARNING

Applies to: Appendix

A party need not, and should not, place in an appendix the pleadings, motions, briefs, orders, or other ﬁlings that already ap- pear on the Court's docket in this case.

Judge Andrew B. Davis

WARNINGCriminal cases

Applies to: Letter

Acceptance of responsibility is not awarded unless the Order’s requirements are followed, and any award remains within the Court’s discretion.

Acceptance of responsibility will not be awarded unless the requirements of this Order are followed, and then at the discretion of the Court.

Judge David Counts

WARNINGCivil cases

Applies to: Joint notice

The parties must file a joint notice identifying remaining objections to pretrial disclosures and disputes on motions in limine three business days before the Final Pretrial Conference.

3 business days before Final Pretrial Conference. | File joint notice identifying remaining objections to pretrial disclosures and disputes on motions *in limine*.

Judge Ernest Gonzalez

WARNINGCivil cases

Applies to: Technology tutorial

Tutorials should generally focus on the underlying technology rather than infringement or validity arguments and be limited to 15 minutes per side.

In general, tutorials should be: (1) directed to the underlying technology (rather than argument related to infringement or validity); and (2) limited to 15 minutes per side.

Judge Ernest Gonzalez

WARNINGCivil cases

Applies to: Claim construction request

Each side may request construction of claim terms up to the presumed limit without further leave of Court.

The “presumed limit” is the maximum number of terms that each side may request the Court to construe without further leave of Court.

Judge Ernest Gonzalez

WARNINGCivil cases

Applies to: Claim construction statement

The Court will enforce presumed limits on the number of claim terms to be construed.

Judge Ernest Gonzalez

WARNINGCivil cases

Applies to: Joint claim construction statement

The Joint Claim Construction Statement should identify who proposed each term or whether the proposal was joint, in addition to listing the term and proposed constructions.

When the parties submit their Joint Claim Construction Statement, in addition to the term and the parties’ proposed constructions, the parties should indicate which proposed a term, or if there was a joint proposal.

Judge Ernest Gonzalez

WARNINGCivil cases

Applies to: Status report

Parties filing a motion to transfer should provide status reports at the specified readiness and pre-Markman milestones.

All parties that file a motion to transfer should provide the Court with a status report indicating whether the motion has been fully briefed at each of the following times: (1) when the motion to transfer becomes ready for resolution; (2) four weeks before the Markman hearing date if the motion to transfer remains unripe for resolution; and (3) if there are multiple Markman hearings, six weeks before the first scheduled Markman hearing.

Judge Ernest Gonzalez

WARNINGCivil cases

Applies to: Amended preliminary contentions

Parties may amend preliminary infringement or invalidity contentions without leave if counsel certifies reasonable preparation efforts and the amendment is based on material identified after service.

Judge Ernest Gonzalez

WARNINGCivil cases

Applies to: Discovery dispute summary

The specific relief requested should propose the exact language to be issued in a court order for each part of every disputed issue. The specific relief requested does not count toward the word limit.

Judge Ernest Gonzalez

WARNINGCivil cases

Applies to: Notice of removal
Must include: judge name

If LLC/partnership members are unknown after diligent investigation, citizenship may be alleged on information and belief.

If the members of an LLC or partners of a partnership are unknown to the removing party even after a diligent investigation, the removing party may allege its citizenship on information and belief. Lincoln Ben. Life Co. v. AEI Life, LLC,

Judge Fred Biery

WARNINGCivil cases

Applies to: Motion

A request for an expedited hearing must be included in the motion.

Request the expedited hearing in the motion.

Judge Fred Biery

WARNINGCivil cases

Applies to: Deposition witness list

Before the final pretrial conference, counsel must exchange and provide the Courtroom Deputy with the names of witnesses expected to testify by deposition.

Prior to the final pretrial conference, counsel must exchange and provide Magda Muzza, the Courtroom Deputy, the name of those witnesses whose testimony is expected to be presented by deposition.

Judge Jason Pulliam

WARNINGCivil cases

Applies to: Motion

Should you desire oral argument on a motion, such request should be set out in the opening paragraph of the motion.

Judge Jason Pulliam

WARNINGCivil cases

Applies to: Motion for summary judgment

Summary judgment motions are highly disfavored in bench trials and FTCA cases.

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).

Judge Jason Pulliam

WARNINGCivil cases

Applies to: Joint advisory

The parties should also file a timely joint advisory informing the Court the matter is resolved and withdrawing the applicable motion.

Judge Jason Pulliam

WARNINGCivil cases

Applies to: Motion

A party should not file a Motion and separate “Memorandum of Law.” The Motion, itself, should include the party’s argument and citation authority supporting the relief it seeks.

Judge Jason Pulliam

WARNINGCivil cases

Applies to: Response to continuance request

If the parties do not agree to a trial continuance, an opposing response stating the grounds must be filed.

If there is no agreement, a response indicating the grounds for opposition must be filed.

Judge Jason Pulliam

WARNINGCivil cases

Applies to: Deposition designation

Counsel must submit deposition designations by page and line, except for testimony used only for impeachment.

Counsel must submit to the Court designation by reference to page and line of the testimony to be offered (except those to be used for impeachment only).

Judge Jason Pulliam

WARNINGCivil cases

Applies to: Exhibit binder

Exhibit binders must include an index and tabs to locate exhibits.

The binder must contain an index and tabs to locate the exhibits.

Judge Jason Pulliam

WARNINGCivil cases

Applies to: Exhibits

Provide one exhibit set for the judge and one for witnesses on the stand.

Provide one set of exhibits for the Judge and one for use by witnesses on the stand.

Judge Jason Pulliam

WARNINGCivil cases

Applies to: Letter brief or advisory

A letter brief or advisory requesting relief will be dismissed or stricken.

Any letter brief or advisory requesting relief shall be dismissed or stricken.

Judge Jason Pulliam

WARNING

Unnecessary discovery or delay may result in sanctions.

Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs.

Judge Kathleen Cardone

WARNING

Must include: punctuality, deadline compliance, professional behavior +2 more

Court's pet peeves include tardiness, missing deadlines, not notifying about unopposed motions, unprofessional conduct, and not reporting case resolution.

Tardiness Failing to abide by Court deadlines. Not immediately notifying the Court that a motion is unopposed (or that portions of a motion are uncontested). Failure to acknowledge/distinguish cases adverse to your position. Unprofessional conduct/use of adjectives to debase or impugn opposing counsel or the adverse party. Not immediately notifying the Court that the case has been resolved.

Judge Kathleen Cardone

WARNING

Applies to: Discovery

Judge Kathleen Cardone

WARNING

Applies to: Motion in limine
Must include: limited to matter in dispute

Motions in limine must be limited to matters actually in dispute.

A motion in limine must be confined to matters actually in dispute.

Judge Kathleen Cardone

WARNING

Applies to: Notice to pro se litigant

The movant must modify the prescribed notice if the pro se party is not a plaintiff or the case will be tried to the Court rather than a jury.

If the pro se party is not a plaintiff, or if the case is to be tried to the Court rather than to a jury, the movant will modify the notice accordingly.

Judge Kathleen Cardone

WARNING

Tardiness is discouraged.

Tardiness.

Judge Kathleen Cardone

WARNING

Repeated non-compliance with orders may result in sanctions.

Repeated failure to comply with Court orders may also result in sanctions.

Judge Kathleen Cardone

WARNING

Applies to: Discovery
Must include: cooperation, compliance with local rule AT-4

Counsel for all parties and all pro se parties should cooperate fully in the discovery process and make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated. Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4. Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs, as could repeated failure to comply with Court orders.

Judge Kathleen Cardone

WARNING

Must include: motion for leave required for additional briefing

Yes. The party seeking to file additional briefing should file a motion seeking such leave.

Judge Kathleen Cardone

WARNING

Must include: leave of court

Additional briefing beyond motion/response/reply requires leave of Court.

Yes, the Court may accept additional briefing, however, leave of Court is required.

Judge Kathleen Cardone

WARNING

Applies to: Additional briefing
Must include: leave of court

Leave of Court required for additional briefing beyond motion/response/reply.

Yes, the Court may accept additional briefing, however, leave of Court is required.

Judge Kathleen Cardone

WARNING

Failing to abide by deadlines set by the Court.

Judge Kathleen Cardone

WARNING

Applies to: Summary judgment facts statements

Failure to provide the required specific evidence citations may result in denial of the motion for a noncompliant movant or summary judgment for a noncompliant nonmovant.

Pursuant to Federal Rules of Civil Procedure 56(c)(3) and 56(e), counsel and pro se parties are hereby notified that failure to provide specific citations to evidence in the record as required by this Standing Order and Federal Rule of Civil Procedure 56(c)(1) may result in an order denying the motion for summary judgment when the movant fails to comply, or, an order granting summary judgment when the nonmovant fails to comply.

Judge Kathleen Cardone

WARNING

Failure to acknowledge/distinguish cases adverse to your position.

Judge Kathleen Cardone

WARNING

Applies to: Claim construction brief
Must include: leave of court

Leave of Court required to exceed page limits or file additional claim construction briefs.

Parties must seek leave of Court to exceed the page limits established by the Local Civil Rules. Parties must also seek leave of Court to file any additional claim construction briefs, such as a sur-reply.

Judge Kathleen Cardone

WARNING

Applies to: Courtroom attire
Must include: standard business attire required

Attorneys must wear standard business attire including coat/tie for men and tailored suits/dresses for women.

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.

Judge Kathleen Cardone

WARNING

Unprofessional conduct or derogatory language is discouraged.

Unprofessional conduct/use of adjectives to debase or impugn opposing counsel or the adverse party.

Judge Kathleen Cardone

WARNINGCivil cases

Applies to: Jury questionnaire
Must include: proposed order

Jury questionnaires permitted only in very complicated cases; submit proposed questionnaire as soon as possible.

Only in very complicated cases. The proposed questionnaire should be submitted to the court as soon as possible.

Judge Orlando L. Garcia

WARNINGCivil cases

Applies to: Motion to suppress

Yes. Motions should contain specific and detailed factual allegations, and not general assertions. Refer to the applicable law.

Judge Orlando L. Garcia

WARNINGCivil cases

Unnecessary discovery or unreasonable delay may result in sanctions and costs.

Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs.

Judge Xavier Rodriguez

WARNINGCivil cases

Judge Xavier Rodriguez

WARNINGCivil cases

Applies to: Discovery
Must include: cooperation, reasonable discovery

Counsel for all parties and all pro se parties should cooperate fully in the discovery process and to make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated. Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4. Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs.

Judge Xavier Rodriguez

WARNINGCivil cases

Applies to: Motion to remand

The Court will not remand on its own initiative based on a procedural defect.

The Court will not sua sponte remand on the basis of a procedural defect.

Judge Xavier Rodriguez

WARNINGCivil cases

Applies to: Demonstrative aids
Must include: exchange required

Parties should exchange demonstrative aids intended for jury use.

To avoid bench conferences in a jury trial, the Court recommends that parties exchange any item that a party intends to use in the presence of the jury as a demonstrative aid, regardless whether the party intends to move its admission in evidence.

Judge Xavier Rodriguez

WARNINGCivil cases

Applies to: Notice of removal

If members or partners remain unknown after diligent investigation, the removing party may allege citizenship on information and belief.

If the members of an LLC or partners of a partnership are unknown to the removing party even after a diligent investigation, the removing party may allege its citizenship on information and belief.

Judge Xavier Rodriguez

WARNINGCriminal cases

Applies to: Electronic presentation notice
Must include: notice required

Notice required for electronic presentation devices; failure may result in prohibition.

The parties must notify the Court if they intend to use laptops, tablets, or other electronic presentation device, including presenting paper exhibits on an ELMO document camera. If counsel fails to provide notice, the Court Not Later Than may prohibit the use of electronic presentation devices, and no extensions or Seven Days accommodations will be granted for delays due to the unavailability of Before Trial electronic presentation methods.

Magistrate Judge Anne T. Berton

WARNINGCriminal cases

Applies to: Stipulated facts

The parties shall file a list of proposed stipulated facts, if any.

Magistrate Judge Anne T. Berton

WARNINGCriminal cases

Applies to: Trial length estimate

Parties must jointly file a statement estimating the probable length of trial.

The parties shall jointly file a statement with an estimate of the probable length of trial.

Magistrate Judge Anne T. Berton

WARNINGCriminal cases

Applies to: Notice of electronic presentation

Parties must notify Court of intent to use electronic presentation devices; failure may result in prohibition.

Magistrate Judge Anne T. Berton

WARNINGCivil cases

Applies to: Demonstrative exhibit

Counsel must confer about the use of demonstrative exhibits.

Counsel shall confer regarding the use of any demonstrative exhibits.

Magistrate Judge Dan MacLemore

WARNINGCivil cases

Applies to: Brief

The Court may require briefs depending on the case and disputed issues.

The Court may require briefs to be filed depending on the nature of the case and issues in dispute.

Magistrate Judge Dan MacLemore

WARNINGCivil cases

Applies to: Trial exhibit

An exhibit should not be shown to the jury without the Court’s permission.

An exhibit should not be published to the jury without the Court’s permission.

Magistrate Judge Dan MacLemore

WARNINGCivil cases

Applies to: Motion

Requests for additional pages beyond the Local Rule 7 page limits must be submitted timely by written motion.

Must be timely submitted by written motion.

Magistrate Judge Dan MacLemore

WARNING

Applies to: Transcript
Must include: court approval

Only court-approved transcripts are official records; attorney-created transcripts require court approval.

The statute, 28 U.S.C. § 753, requires the Court to supervise all aspects of the court reporting and transcription process. The Court has complete control over who produces an official transcript of court proceedings. While an attorney may create a transcript from a copy of a sound recording, that transcript will not be an official record suitable for filing with the Court unless the Court specifically approves it as the official record.

Magistrate Judge Derek Gilliland

WARNING

Applies to: Oral argument

All attorneys must be adequately prepared and familiar with proceedings.

All attorneys, including Newer Attorneys, will be held to the highest professional standards. All attorneys appearing in court are expected to be adequately prepared and thoroughly familiar with proceeding.

Magistrate Judge Derek Gilliland

WARNINGCivil cases

Applies to: Pretrial filings

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.

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.

Magistrate Judge Miguel A. Torres

WARNING

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).

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).

Magistrate Judge Miguel A. Torres

WARNING

Applies to: Proposed scheduling order

If a scheduling order was entered before transfer, the parties need not submit a proposed scheduling order; the Court will attempt to maintain it, but the parties must comply with the rest of the Standing Order within the applicable timeframe starting on transfer.

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.

Magistrate Judge Miguel A. Torres

WARNINGCivil cases

Applies to: Motion

Expedited hearings require a motion explaining the need and deadlines, plus contacting the Court; such requests are reserved for emergencies only.

If counsel requires an expedited hearing in a civil case, file an appropriate motion and contact the Court to alert the Court of the situation. Any motion should explain the need for expedited relief and the deadline(s) by which it is requested. Requests for an expedited hearing should be reserved for emergency situations only.

Magistrate Judge Richard B. Farrer

WARNINGCivil cases

Applies to: Advisory

Yes, please. File an Advisory notifying the Court. If the resolution of the contested motion is time sensitive, please also call the Courtroom Deputy at (210) 244-5012 to advise of the situation.

Magistrate Judge Richard B. Farrer

WARNING

Applies to: Motion
Must include: certificate of conference

Certificate of conference required for motions that require one.

Please include a certificate of conference in motions that require one.

Magistrate Judge Richard B. Farrer

WARNING

Avoid ascribing motives to opposing party or counsel without legitimate basis.

Please don’t ascribe motives to the opposing party or counsel if there’s no legitimate need or basis to do so.

Magistrate Judge Richard B. Farrer

WARNINGCivil cases

Applies to: Motion
Must include: certificate of conference

Please include a certificate of conference in motions that require one.

Magistrate Judge Richard B. Farrer

WARNINGCivil cases

Applies to: Deposition excerpts

A party intending to present testimony by deposition should provide deposition excerpts to the Court during the trial for the record.

Magistrate Judge Richard B. Farrer

WARNINGCivil cases

Applies to: Motion
Must include: notice of unopposed motion

Must notify court when a motion is unopposed.

Not notifying the Court that a motion is unopposed.

Senior Judge David Alan Ezra

WARNINGCivil cases

Applies to: General practice

The Court expects lawyers in federal court to be prepared, provide competent services and be knowledgeable of the Federal Rules of Criminal Procedure and the Local Rules of the United States District Court for the Western District of Texas.

Senior Judge David Alan Ezra

WARNINGCivil cases

Applies to: General practice

Court's pet peeves include tardiness, late filings, talking over judge, not notifying settlements, missing deadlines, and renumbering exhibits.

Tardiness Late filing submissions. Attorneys talking too fast, or over the Judge or one another, which is difficult for the court reporter to transcribe. Not immediately notifying the Court that the case has been settled. Not abiding by deadlines set out by the Court. Renumbering exhibits during trial. Exhibits should be marked prior to trial and they should match the exhibit list submitted to the court.

Senior Judge David Alan Ezra

WARNINGCivil cases

Applies to: Jury questionnaire

Jury questionnaires permitted only in rare/exceptional circumstances with court-set deadlines.

Only in rare and exceptional circumstances. The Court will set the deadline if and when it allows its use.

Senior Judge David Alan Ezra

WARNINGCivil cases

Applies to: Exhibit inventory
Must include: signature

Exhibits returned at trial end; counsel must sign inventory and preserve exhibits for appeal.

At the conclusion of the trial, the Courtroom Deputy will approach counsel and return all exhibits. Counsel will be required to sign an Inventory of Exhibits. Counsel are responsible for maintaining exhibits in an unaltered and safe manner for appeal.

Senior Judge David Alan Ezra

WARNINGCivil cases

The Court will not tolerate tardiness and unpreparedness. Additionally, the Court frowns upon one Attorney representing multiple defendants in one criminal case.

Senior Judge David Briones

WARNINGCivil cases

Applies to: Sanctions
Must include: discovery abuse, failure to appear

Sanctions are appropriate for discovery abuse and attorney no-shows.

Abusing the discovery process and Attorneys not appearing for scheduled hearings are the most common reasons, but the Court may deem other infractions to warrant sanctions.

Senior Judge David Briones

WARNINGCivil cases

Applies to: Sur reply
Must include: leave of court

Leave of court required for sur-replies.

Leave of Court is required for a Sur-Reply.

Senior Judge David Briones

INFOCivil cases

Applies to: Claim

The listed appendix documents should be used when submitting a claim under the plan.

The following documents, copies of which are attached hereto as Appendices "A" through "C", should be used when submitting a claim under the provisions of this plan.

Chief Judge Alia Moses

INFOCivil cases

Applies to: Technical tutorial

Parties may submit optional technical tutorials to Court and technical advisor 22 weeks after CMC.

22 weeks after CMC (but Parties submit optional technical tutorials to the Court and technical advisor (if appointed).

Judge Alan D Albright

INFOCivil cases

Applies to: Joint notice
Must include: joint notice

Dismissal agreements filed as joint notices, not motions.

An agreement to dismiss under this section shall be filed as a joint notice instead of as a motion.

Judge Alan D Albright

INFO

Applies to: Appendix

A party relying on such a filing should cite it directly by its docket entry.

Judge Andrew B. Davis

INFO

Applies to: Appendix

Parties are encouraged to include complete copies of documents in the appendix; if infeasible, include at least the first page and one page before and after the relied-upon pages for context.

Parties are encouraged to include a complete copy of a document in the appendix to avoid fragmenting a document between diﬀerent appen- dices. Where including a complete copy is infeasible, would unduly burden the appendix with the inclusion of irrelevant material, or is otherwise inappropriate, in- clude at minimum the ﬁrst page of the document and at least one page before and after the pages of material the party relies upon in order to provide context for the cited material.

Judge Andrew B. Davis

INFOCivil cases

Applies to: Motion

The Court encourages parties to highlight or annotate relied-upon sections of exhibits or expert reports.

The Court also encourages parties to highlight and/or annotate the relied-upon sections of exhibits or expert reports (e.g., patents, transcripts, contracts) to facilitate the Court's analysis of the motion.

Judge Ernest Gonzalez

INFOCivil cases

Applies to: Markman brief
Must include: caption

For Markman briefs, the parties should also include a copy of all patents-in-suit and an editable copy of the Joint Claim Construction Statement.

Judge Ernest Gonzalez

INFOCivil cases

Applies to: Supporting declaration

A supporting declaration should identify any highlighted or annotated exhibit.

A supporting declaration should identify if any exhibit is highlighted or annotated.

Judge Ernest Gonzalez

INFOCivil cases

Applies to: Pleading

A party may re-plead the allegations with specificity if they are supported by a good-faith basis under Rule 11.

The party will have leave to re-plead those allegations with specificity if supported by a good faith basis under Rule 11.

Judge Ernest Gonzalez

INFOCivil cases

Must include: proposed order

Court typically accepts parties' agreement to use depositions at trial even if witness is available.

Most often, the Court will accept the parties' agreement to use a deposition at trial even though the witness is available.

Judge Jason Pulliam

INFOCivil cases

Applies to: Voir dire questions
Must include: proposed order

Court conducts preliminary voir dire; parties may examine panel if questions submitted per Final Pre-trial Order.

The Court will conduct a preliminary examination of the jury panel. Following the Court’s examination, each side may be allowed the opportunity to examine the panel briefly, provided proposed voir dire questions were properly submitted in accordance with the Court’s Final Pre- trial Order.

Judge Jason Pulliam

INFO

Applies to: Markman hearing

Consolidated Markman hearing for related cases; technology tutorials optional.

The Court will hold a consolidated Markman hearing for all related cases, whenever feasible. Technology tutorials are optional, especially in cases where a technical advisor has

Judge Kathleen Cardone

INFO

Applies to: Brief
Must include: exhibits

Yes, copies of cases should be attached to briefs or motions, and copies from electronic databases are acceptable with pertinent parts highlighted.

Judge Kathleen Cardone

INFO

The Court expects attorneys to be prepared, provide competent assistance, and be knowledgeable of the Federal Rules of Civil Procedure and the Local Rules.

Judge Kathleen Cardone

INFO

Must include: address from lectern

Counsel should address the Court from the lectern.

From the lectern.

Judge Kathleen Cardone

INFO

Applies to: Videotape deposition

Videotape depositions are permitted if parties agree on admissibility or edit to resolve objections.

Use of videotape depositions is permitted to the extent the parties agree on admissibility or edit to resolve objections.

Judge Kathleen Cardone

INFO

Yes.

Judge Kathleen Cardone

INFO

Applies to: Report of parties planning meeting
Must include: rule 26 f report

Initial disclosures not required; Rule 26(f) conference must occur 21 days before Report of Parties' Planning Meeting

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.

Judge Kathleen Cardone

INFO

Applies to: Deposition testimony
Must include: excerpts provided

Yes, see above for guidelines.

Judge Kathleen Cardone

INFO

Yes.

Judge Kathleen Cardone

INFO

Applies to: Brief
Must include: copies of cases attached

Copies of cases should be attached to briefs/motions with electronic copies acceptable and parts highlighted.

Yes, copies of cases should be attached to briefs or motions, and copies from electronic databases are acceptable with pertinent parts highlighted.

Judge Kathleen Cardone

INFO

Applies to: Voluntary dismissal

Voluntary dismissals require resolution of all issues.

The court will sign voluntary dismissals so long as such dismissals resolve all issues.

Judge Kathleen Cardone

INFO

Applies to: Brief
Must include: hyperlinks

Hyperlinking citations in briefs is encouraged.

No, but parties are encouraged to hyperlink citations in their briefs for Westlaw or Lexis access.

Judge Kathleen Cardone

INFO

Applies to: Discovery

All parties should comply with the General Order regarding Discovery. In addition, parties are encouraged to also use the discovery checklist provided by Local Rule CR-16.

Judge Kathleen Cardone

INFO

Applies to: Juror questionnaire
Must include: proposed order

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.

Judge Kathleen Cardone

INFO

Applies to: Demonstrative aid
Must include: exhibit list

The Court recommends that parties exchange any item that a party intends to use in the presence of the jury as a demonstrative aid, regardless whether the party intends to move for its admission into evidence.

Judge Kathleen Cardone

INFO

Applies to: Attorney practice
Must include: preparation, knowledge of rules, competent assistance

The Court expects attorneys to be prepared, provide competent assistance, and be knowledgeable of the Federal Rules of Criminal Procedure and the Local Rules.

Judge Kathleen Cardone

INFO

Applies to: Scheduling order

Court enters scheduling order and trial date immediately after assignment.

The Court enters a general scheduling order and trial date immediately after the case has been assigned to Chambers.

Judge Kathleen Cardone

INFO

Applies to: Demonstrative aid
Must include: exhibit list

Parties should exchange demonstrative aids intended for jury use to avoid bench conferences.

To avoid bench conferences during a jury trial, the Court recommends that parties exchange any item that a party intends to use in the presence of the jury as a demonstrative aid, regardless whether the party intends to move for its admission into evidence.

Judge Kathleen Cardone

INFO

Applies to: Report of parties planning meeting

RPPM must satisfy FRCP 26(f) requirements.

The RPPM shall satisfy the requirements of Federal Rule of Civil Procedure 26(f).

Judge Kathleen Cardone

INFO

Applies to: Voir dire questions
Must include: written questions

Judge conducts general voir dire; attorneys may submit written questions and ask follow-up questions individually.

The Judge conducts the general voir dire. Attorneys may submit written questions in advance. Upon completion of the general voir dire, the Judge permits attorneys to ask follow-up questions of panelists who are called back to meet individually with the Court.

Judge Kathleen Cardone

INFO

Applies to: Report of parties planning meeting

The parties shall endeavor to agree concerning the contents of the RPPM, but in the event they are unable to do so, each party shall set out its position and the reasons for the disagreement in the RPPM.

Judge Kathleen Cardone

INFO

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.

Judge Kathleen Cardone

INFOCivil cases

Yes.

Judge Orlando L. Garcia

INFOCivil cases

Applies to: Exhibits
Must include: exhibit receipt

All exhibits are returned to parties after trial ends, with an exhibits receipt signed by the appropriate party.

All exhibits are returned to the parties once the trial has ended. An exhibits receipt is signed by the appropriate party.

Judge Orlando L. Garcia

INFOCivil cases

Applies to: Jury instructions

Electronic versions of jury instructions, verdict forms, or findings of fact and conclusions of law are only accepted if the court specifically requests and will advise on format.

Only if the court specifically requests. If such a request is made, the court will advise regarding the format to be used.

Judge Orlando L. Garcia

INFOCivil cases

Applies to: Letter brief

No.

Judge Orlando L. Garcia

INFOCivil cases

Applies to: Initial disclosure

Initial disclosures are exchanged, not filed.

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.

Judge Orlando L. Garcia

INFOCivil cases

Applies to: Pretrial conference
Must include: proposed order

Preliminary/ intermediate status conferences after scheduling order; final pretrial conference 10 days before trial

After a scheduling order is issued, the judge will conduct a preliminary pretrial conference or intermediate status conferences. A final pretrial conference will usually be conducted approximately ten (10) days prior to the date that trial is expected to begin.

Judge Xavier Rodriguez

INFOCivil cases

Applies to: Notice of removal

Before pleading citizenship on information and belief, the removing party should consult available sources, including court filings and public records, to ensure good-faith pleading.

Before doing so, the removing party should consult the sources at its disposal, including court filings and other public records to ensure good faith pleading.

Judge Xavier Rodriguez

INFOCivil cases

Applies to: Demonstrative aid
Must include: exchange with opposing parties

Demonstrative aids for jury should be exchanged to avoid bench conferences.

To avoid bench conferences during a jury trial, the Court recommends that parties exchange any item that a party intends to use in the presence of the jury as a demonstrative aid, regardless of whether the party intends to move its admission in evidence.

Judge Xavier Rodriguez

INFOCivil cases

Applies to: Plea of guilty

Court routinely refers pleas of guilty and counsel motions to magistrate judge.

Pleas of guilty and motions for appointment, withdrawal or substitution of counsel may be referred.

Judge Xavier Rodriguez

INFOCivil cases

Applies to: Discovery disclosure

All parties should comply with the General Order of Discovery. In addition, parties are encouraged to also use the discovery checklist provided by Local Rule CR-16.

Judge Xavier Rodriguez

INFOCivil cases

Applies to: Motion to modify scheduling order
Must include: opposition

Agreed modifications approved; opposed modifications require response

The court will approve, in most instances, an agreed modification. If it is not agreed to, the opposing party should file a response to any motion to modify.

Judge Xavier Rodriguez

INFOCivil cases

Applies to: Trial exhibit

Court accepts electronic trial exhibits via JERS system for jury review.

The court has the ability to receive all trial exhibits in electronic format. The jury is then able to review the admitted exhibits during deliberations using the Jury Evidence Recording System (JERS). Instructions on how to submit exhibits in the appropriate electronic format may be found here.

Judge Xavier Rodriguez

INFOCivil cases

Must include: proposed order

Parties may agree to mediation at any time; court appoints mediator if parties cannot agree

At any time the parties believe it may be beneficial to participate in a non-binding mediation, they may agree to do so. Parties are encouraged to agree upon a mediator. If the parties cannot agree to a mediator, the Court will appoint a mediator.

Judge Xavier Rodriguez

INFOCivil cases

Applies to: Scheduling order
Must include: trial date

Court issues scheduling order immediately after case assignment.

A general scheduling order and trial date is entered by the Court immediately after the case has been assigned to Chambers.

Judge Xavier Rodriguez

INFOCivil cases

Applies to: Stipulated order
Must include: caption, judge name

Court encourages filing stipulated order under Rule 26(c) regarding inadvertent production of privileged documents.

The Court encourages the parties to consider filing a proposed agreed order, pursuant to Fed. R. Civ. P. 26(c), that a party does not waive the attorney-client privilege or the attorney work- product privilege by inadvertently producing privileged or work-product documents.

Judge Xavier Rodriguez

INFOCivil cases

Must include: case number

Parties must advise district clerk of positions on magistrate judge consent for trial

The parties must advise the district clerk of their respective positions concerning referring the case to a magistrate judge for jury or nonjury trial by consent, pursuant to 28 U.S.C. 636(c).

Judge Xavier Rodriguez

INFOCivil cases

Applies to: Motion in limine
Must include: proposed order

Motions in limine and exhibit objections heard at final pretrial conference

Motions in limine and objections to exhibits will be heard and ruled upon at that time.

Judge Xavier Rodriguez

INFO

Applies to: Hearing request
Must include: hearing request

Hearings held on discovery matters; non-discovery hearings only if requested.

Judge MacLemore holds hearings on most discovery matters. As for non-discovery motions, the Court will hold a hearing if a party requests it.

Magistrate Judge Dan MacLemore

INFO

Applies to: Attendance preference email
Must include: counsel names, attendance preference, confidential information notice

The email should indicate the parties’ attendance preference, the names of counsel appearing and whether confidential information will be shared so appropriate measures may be taken to seal the hearing.

Magistrate Judge Dan MacLemore

INFO

Applies to: Hearing reset
Must include: court reset notice

Hearing proceeds as scheduled until Court issues reset notice or Order.

Despite the parties’ request, a hearing will proceed as originally scheduled until there is a notice from the Court resetting it or an Order Resetting added to the docket.

Magistrate Judge Dan MacLemore

INFOCivil cases

Applies to: Exhibits
Must include: digital version

Paper copies of exhibits/demonstratives accepted if digital versions unavailable.

Paper copies are not required but will be accepted by the court for hearing purposes if digital versions cannot be provided.

Magistrate Judge Derek Gilliland

INFO

Applies to: Transcript request
Must include: transcript preferred

Court recommends requesting transcripts over audio recordings.

Therefore, if any party intends to utilize a transcript, the Court highly recommends that parties request a transcript of a proceeding rather than an audio file.

Magistrate Judge Derek Gilliland

INFOCivil cases

Applies to: Pretrial filings

This Standing Order governs CV-16(e)-(f) pretrial filings in civil cases before the Court that will be tried to a jury.

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.

Magistrate Judge Miguel A. Torres

INFOCivil cases

Applies to: Sanctions motion

Sanctions motions should only be filed for egregious behavior; the Court disfavors strategic sanctions filings.

A request for sanctions should be reserved for appropriately egregious behavior. The Court will impose sanctions when appropriate under the rules but strongly disfavors the strategic filing of such motions.

Magistrate Judge Richard B. Farrer

INFO

Applies to: Brief

Copies of cases need not be attached to briefs or motions; important cases may be brought to hearings with extra copies.

Does the Court prefer copies of cases attached to briefs or motions? If so, are copies from electronic databases acceptable? Does the court prefer pertinent provisions of the cases to be highlighted? Copies of cases need not be attached to briefs or motions. Copies of especially important cases may be brought to Court for hearings, with extra copies for opposing counsel and the Law Clerk.

Magistrate Judge Richard B. Farrer

INFO

Applies to: Scheduling order
Must include: judge name

Scheduling orders follow district judge guidelines; initial pretrial conference in all consent and newly referred cases.

Scheduling orders typically will follow the guidelines of the District Judge to whom the case is assigned. An Initial Pretrial Conference will typically be held in all consent cases as well as all newly referred cases. Depending on the scheduling recommendations and timing of the Initial Pretrial Conference, a Scheduling Order may be entered ahead of the Initial Pretrial Conference or after scheduling is discussed with the parties during it.

Magistrate Judge Richard B. Farrer

INFO

Applies to: Letter brief

Letter briefs are not typically accepted; court will direct if appropriate.

Does the Court accept letter briefs in civil cases? If so, are there circumstances in which the Court prefers letter briefs? Not typically. If this type of briefing is appropriate, the Court will so direct the parties.

Magistrate Judge Richard B. Farrer

INFO

Applies to: Scheduling recommendations
Must include: judge name

Court requests scheduling recommendations; if none submitted, court sets dates.

The Court typically will request scheduling recommendations from the parties and issue an order based on those recommendations. If scheduling recommendations aren't submitted, the Court will enter a scheduling order with dates deemed appropriate by the Court.

Magistrate Judge Richard B. Farrer

INFOCivil cases

Applies to: Initial disclosure
Must include: exchange only

Initial disclosures must be exchanged but not filed with the court.

Pursuant to the Rules, the parties are to exchange them, but NOT file them with the Court.

Senior Judge David Alan Ezra

INFOCivil cases

Court appointments for indigents follow 28 U.S.C. § 1915(e)(1).

The Court will follow 28 U.S.C. § 1915(e)(1).

Senior Judge David Alan Ezra

INFOCivil cases

Applies to: Adr procedures
Must include: local rule cv 88

Local Rule CV-88 governs alternative dispute resolution procedures.

All of Local Rule CV-88 applies.

Senior Judge David Alan Ezra

INFOCivil cases

Applies to: Dispositive motion

Dispositive motions ruled on as soon as possible.

The Court will rule on dispositive motions as soon as possible.

Senior Judge David Alan Ezra

INFOCivil cases

Applies to: Trial preparation
Must include: conferral about charts, conferral about demonstrative exhibits

Parties must confer about charts and demonstrative exhibits before trial.

Counsel are also required to confer regarding any charts or demonstrative exhibits to be presented at trial.

Senior Judge David Alan Ezra

INFOCivil cases

Plea

Senior Judge David Briones

INFOCivil cases

Applies to: Scheduling order
Must include: proposed order

Court issues scheduling order after receiving acceptable proposed order.

Once the Court has received an acceptable Proposed Scheduling Order from the Parties, the Court will enter a Scheduling Order that sets the trial date.

Senior Judge David Briones

INFOCivil cases

Applies to: Guardian ad litem
Must include: court assignment

Guardians ad litem are assigned by the Court when warranted.

If warranted, the Court assigns GALs.

Senior Judge David Briones

INFOCivil cases

Applies to: Scheduling order

Refer to Court’s Standing Discovery Order for scheduling orders in criminal cases.

Refer to the Court’s Standing Discovery Order.

Senior Judge David Briones

INFOCivil cases

Applies to: Exhibit
Must include: collection after trial

Parties must collect their exhibits at the end of jury trials.

The Parties will collect their respective exhibits at the conclusion of jury trials.

Senior Judge David Briones

INFOCivil cases

Applies to: Initial disclosure

Initial disclosures governed by local rules.

Refer to the Rules.

Senior Judge David Briones

WARNING

Applies to: Motion

The motion’s title and body should state the result of the required conferences.

Counsel should indicate the result of these conferences in the title and also the body of the motion.

Magistrate Judge Henry J. Bemporad

Common questions about Western District of Texas document filing requirements

What must be included with joint proposed jury charge filings in Western District of Texas?

Magistrate Judge Anne T. Berton: The rule requires other circuit instructions require edition, other circuit instructions require full text, and other circuit instructions require circuit name. Instructions from other circuits require full text, circuit name, and edition/year

View rule Official source Source: page 2, section Joint Proposed Jury Charge and Verdict Form

4 more rules answer this question.

What must be included with notice of venue or jurisdictional discovery filings in Western District of Texas?

Judge Ernest Gonzalez: Parties must file a notice of venue or jurisdictional discovery when that discovery will delay a response to a transfer or jurisdictional motion.

View rule Official source Source: page 5, section V. VENUE & JURISDICTIONAL DISCOVERY

What must be included with preliminary invalidity contentions filings in Western District of Texas?

Judge Alan D Albright: The rule requires chart format, prior art producing, technical documents, section 101 eligibility, section 112 indefiniteness, and section 112 written description. Defendant must serve preliminary invalidity contentions 7 weeks after CMC with specific content requirements.

View rule Official source Source: page 13, section Deadlines

2 more rules answer this question.

What must be included with motion filings in Western District of Texas?

Senior Judge David Briones: Motions in criminal cases must reflect the result of counsel's pre-filing conference in the body or title.

View rule Official source Source: page 10, section Procedures Specific to Criminal Cases

Magistrate Judge Derek Gilliland: The rule requires proposed order and caption. All extension requests must be made by motion with title indicating joint/unopposed/contested status and proposed order.

View rule Official source Source: page 1, section STANDING ORDER REGARDING MOTIONS FOR EXTENSION OF TIME

Senior Judge David Alan Ezra: The rule requires certificate of conference. Motions to suppress must include citation to authorities and a certificate of conference.

View rule Official source Source: page 13

45 more rules answer this question.

What must be included with joint notice of remaining objections filings in Western District of Texas?

Judge Alan D Albright: Parties must file a joint notice 3 business days before Final Pretrial Conference identifying remaining objections to pretrial disclosures and motions in limine disputes.

View rule Official source Source: page 15

What must be included with audio recording request filings in Western District of Texas?

Magistrate Judge Derek Gilliland: The rule requires payment, cm ecf filing, and audio recording order form. Audio recording requests require AO 436 form, CM/ECF filing, and $34 payment by mail.

View rule Official source Source: page 2, section audio recording request

Related categories

Back to all rules for this court

Page & Word Limits

Maximum page counts and word limits for motions, briefs, and other filings by judge.

Courtesy Copy Requirements

When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.

Electronic Filing Rules

Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.

Filing Timing and Cure Windows

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.