Western District of Texas Document Format Requirements

CRITICAL

A paper HSD must be submitted in a sealed envelope marked “HIGHLY SENSITIVE DOCUMENT,” with an outside half sheet containing only the case or matter caption.

If the Clerk's office receives the HSD in paper format, the HSD shall be submitted to the Clerk's office in a sealed envelope marked "HIGHLY SENSITIVE DOCUMENT." The outside of the envelope shall be affixed with a half sheet containing only the caption of the case or matter.

CRITICAL

Plaintiff exhibits: “P 1” or “Plaintiff Exhibit 1” on bottom right corner.

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

CRITICALCivil casesProposed or draft document; may not be in force

Digital copies of exhibit lists, witness lists, and objections must be in Microsoft Word format; exhibits must be PDF, submitted via specified email.

Counsel shall submit an editable, digital version of exhibit lists, witness lists, and objections in Microsoft Word format and a copy of the exhibits in PDF to the court via email to TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov.

CRITICALCivil casesProposed or draft document; may not be in force

Format

DOCX

Proposed findings of fact/conclusions of law must be in Microsoft Word, submitted via email three days before final pretrial conference, with agreed/disputed separated and conclusions citing 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. 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.

CRITICALCivil cases

Proposed jury instructions with disputes must be submitted in editable form with disputed text color-coded red and blue.

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.

CRITICALCivil casesProposed or draft document; may not be in force

JERS file size limits: PDF documents ≤50 MB, audio/video files ≤500 MB; exhibits exceeding limits must be split into multiple files.

JERS has the following file size limits: a. Individual file size of documents (pdf) should not exceed 50 MB. b. Individual files size of audio and video should not exceed 500 MB. Exhibits approaching or exceeding this size limit must be separated into multiple files.

CRITICALCivil casesProposed or draft document; may not be in force

Format

DOCX

Editable Microsoft Word version of jury charge must be submitted via email to specified address.

In addition to the versions of the jury charge that shall be attached to the joint pretrial order and filed and the color-coded disputed charge, counsel shall submit an editable, digital version of the jury charge(s) in Microsoft Word to the court via e-mail to TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov.

CRITICALCivil cases

Margins

top 1 in, bottom 1 in, left 1 in, right 1 in

Pleadings, motions, and submissions must use minimum 12-point font, double spacing, letter-size paper, and one-inch margins, with limited single-spacing exceptions.

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. Headings, footnotes, and quotations more than two lines long may be single-spaced.

CRITICAL

Exhibit number must be clearly displayed on first page of each exhibit.

The exhibit number needs to be clearly displayed on the first page of each exhibit.

CRITICALCivil cases

If proposed order language is disputed, the disputing party must send an editable version to law clerks with red/blue dispute markup.

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.

CRITICALCivil casesProposed or draft document; may not be in force

All exhibit files must follow JERS naming convention: [ExhibitNumber]_[ExhibitDescription].[FileExtension].

All exhibit files must be named using the JERS naming conventions: [ExhibitNumber]_[ExhibitDescription].[FileExtension] Example: 1_PhotoOf789patent.PDF

CRITICALCivil cases

CRSR must be filed in the format attached as Appendix B.

In all patent cases pending before the undersigned or referred magistrate judge, the parties are directed to jointly file the Case Readiness Status Report (“CRSR”) in the format attached as Appendix B: (a) within 7 days after the Defendant (or at least one Defendant among a group of related Defendants sued together) has responded to the initial pleadings in cases where there are no CRSR Related Cases, or (b) when there are CRSR Related Cases, within 7 days after the last Defendant (or last Defendant group when at least one Defendant among the group has responded) among the CRSR Related Cases has responded to the initial pleadings.

CRITICAL

Government exhibits: “G 1” or “Government Exhibit 1” on 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:

CRITICALCivil cases

Margins

top 1 in, bottom 1 in, left 1 in, right 1 in

All pleadings, motions, and submissions must use 12+ point font, double spacing, 8.5x11 paper, 1-inch margins, and include case style and document name; headings/footnotes/long quotes may be single-spaced.

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. Headings, footnotes, and quotations more than two lines long may be single-spaced.

CRITICAL

Exhibit files must use specific naming convention with underscore.

All file names MUST be named using the following naming convention. Not using this exact naming convention will cause problems in our office when uploading your exhibit files. The file name begins with the exhibit number, followed by an underscore to designate that the remaining text of the file name is the description of the exhibit.

CRITICAL

Joint exhibits: “J 1” or “Joint Exhibit 1” on 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:

CRITICALCivil casesProposed or draft document; may not be in force

Plaintiff’s exhibits must use yellow labels; Defendant’s exhibits must use blue labels for identification.

Plaintiff’s exhibits shall be marked using yellow labels as “Plaintiff’s Exhibit 1,” et seq., and Defendant’s exhibits shall be marked using blue labels in a similar manner.

CRITICALCivil cases

When filing specified documents, parties must email the law clerk an editable Word version.

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.

CRITICALCivil casesProposed or draft document; may not be in force

Joint Pretrial Orders must be formatted in compliance with local court rules.

The Joint Pretrial Order shall be formatted in accordance with the local rules.

CRITICALCivil casesProposed or draft document; may not be in force

All pages within each exhibit must be consecutively paginated.

The pages within each exhibit shall be consecutively paginated.

CRITICAL

Underscore required between exhibit number and description only.

Note: An underscore MUST be placed between the exhibit number and exhibit description. DO NOT use an underscore anywhere else in the exhibit file name.

CRITICAL

Audio/video files must not exceed 500 MB individual file size.

The individual file size of audio and video should not exceed 500 MB.

CRITICALCivil casesProposed or draft document; may not be in force

Joint exhibits must be marked with case name, number, and exhibit number; non-agreed exhibits use offering party’s name and case details.

If joint exhibits are agreed upon, they shall each be identified as such and marked with the case name, case number, and exhibit number as “Joint Exhibit 1,” et seq. If no agreement can be reached, the offering party shall mark his or her own exhibits with the party’s name, case number, and exhibit number on each exhibit to be offered.

CRITICALCivil cases

Margins

top 1 in, bottom 1 in, left 1 in, right 1 in

Documents must use 12-point font, double-spacing, 8.5"x11" paper, 1-inch margins, and case style endorsement.

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. Headings, footnotes, and quotations more than two lines long may be single-spaced.

CRITICALCivil cases

Parties must provide an editable proposed order with disputed language shown in red and blue text.

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.

CRITICAL

Sub exhibits use dash between number and letter, underscore after letter.

Exhibit Number(dash)Sub Letter(Underscore)Exhibit Description(.)File Extension

CRITICALCivil cases

Format

DOCX

Joint Claim Construction Statement, proposed Protective Order, and proposed Scheduling Order must be submitted in Word format via email to the Court’s 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.

CRITICALCivil casesProposed or draft document; may not be in force

Disputed jury charge versions must be in red (plaintiff) and blue (defendant) text; disputes resolved at final pretrial or charge conference.

The court expects the parties to resolve their differences concerning the jury charge. If the parties cannot agree on a particular instruction or issue, however, such disagreement and alternate requests shall be noted on the joint jury charge. The plaintiff’s version of the disputed charge will be in RED text, while the Defendant’s version will be in BLUE text. A dispute concerning the jury charge, if any, will be resolved at the final pretrial conference or at a charge conference.

CRITICALCivil casesProposed or draft document; may not be in force

Electronic evidence must be provided in specific file formats: documents/photos as .pdf, .jpg, .bmp, .tif, .gif; video/audio as .avi, .wmv, .mpg, .mp3, .mp4, .wma, .wav, .3gpp.

All electronic evidence must be provided using the following formats: a. Documents and Photographs: .pdf, .jpg, .bmp, .tif, .gif b. Video and Audio Recordings: .avi, .wmv, .mpg, .mp3, .mp4, .wma, .wav, .3gpp

CRITICAL

Format

PDF

The individual file size of documents (pdf) should not exceed 50 MB.

The individual file size of documents (pdf) should not exceed 50 MB.

CRITICAL

Defendant exhibits: “D 1” or “Defendant Exhibit 1” on 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:

CRITICAL

Each volume of a multi-volume appendix must have a cover page, a table of contents covering the entire appendix, and items preceded by slip sheets.

Assemble each vol- ume like a single appendix—a cover page, then a table of contents, then the volume’s items, each preceded by its slip sheet—except that the table of contents in every volume must cover the entire appendix, not only that volume.

CRITICAL

Appendix must be a single, self-contained document separate from the main filing.

Assemble the appendix as a single, self-contained document, separate from the pleading, motion, response, reply, or brief.

CRITICAL

Appendix pagination: cover and TOC unnumbered; first slip sheet numbered App.1; sequential numbering in lower right corner; no restarting; numbers must not obscure underlying text.

Do not number the cover page or the table of contents. Number the first slip sheet “App.1” and number each following page sequentially, legibly, and in the lower right-hand corner, through the last page of the appendix. The numbering must not restart at any item. Place the number so it does not obscure the un- derlying document’s text or existing pagination.

CRITICAL

Each volume's cover page must show the range of appendix pages it contains.

On the cover page of each volume, identify the range of appendix pages the volume contains, using the App.__ numbering.

CRITICAL

Appendix must be assembled in order: cover page, table of contents, then each item with a slip sheet.

Assemble the appendix in the following order: (1) cover page; (2) table of contents; and (3) each item, preceded by a slip sheet.

CRITICAL

Appendix must be divided into multiple volumes if it exceeds e-filing size limit or contains sealed materials.

An appendix must be divided into consecutively numbered volumes if it (1) exceeds the size limit for an electronically filed docu- ment, or (2) contains materials filed or sought to be filed under seal.

CRITICAL

Format

PDF

All appendix pages must be text-searchable; scanned material must have OCR applied and reviewed for accuracy; good-faith effort to remedy OCR errors required.

All pages in the appendix must be text-searchable. Apply optical character recognition (OCR) to any scanned material, then review the output to confirm that the recognized text accurately matches the document’s actual wording. Do not assume OCR alone is sufficient, as faulty OCR can produce a text layer that appears searchable but returns inaccurate or incomplete results. Where OCR is inaccurate or incom- plete, parties must make a good-faith effort to remedy the errors—for example, by re-scanning the document to produce a cleaner copy for OCR—recognizing that perfect results are not always attainable.

CRITICAL

Each document must be placed entirely within one volume; documents cannot be split across volumes.

Place each document, in its entirety, within a single volume. Do not divide a document across volumes.

CRITICAL

Appendix pagination must be continuous across volumes; cover pages and tables of contents are not numbered.

The App.__ pagination runs continuously across all volumes and does not restart. In each volume, do not number the cover page or table of contents. The first slip sheet of a later volume con- tinues the numbering from the last page of the preced- ing volume.

CRITICALCivil cases

Applies to

Proposed order

The parties must send the proposed order in editable form and show disputed language in red and blue text.

Parties shall send an editable version of the proposed order to the Court's law clerks with any disputed language in red and blue text.

CRITICALCivil cases

Margins

top 1 in, bottom 1 in, left 1 in, right 1 in

Pleadings, motions, and other submissions must use at least 12-point type, be double-spaced on 8½-by-11-inch paper with one-inch margins, and identify 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.

CRITICALCivil cases

Case citations must use Westlaw format, not Lexis.

All case citations shall use the appropriate Westlaw citation, not Lexis citation.

CRITICALCivil cases

Case citations must use Westlaw format, not Lexis.

All case citations shall use the appropriate Westlaw citation, not Lexis citation.

CRITICALCivil cases

Motions must include 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.

CRITICAL

Attorneys must wear standard business attire including coat and tie for men, 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. Further, see Local Rules AT-4 and AT-5.

CRITICAL

Exhibits must be organized in three-ring binders with specific labeling.

Exhibits are to be placed in three-ring binders. The binders should be labeled with the style of the case, case number, and whether the binder is “Plaintiff’s Exhibit Notebook” or “Defendant’s Exhibit Notebook.”

CRITICAL

Margins

top 1 in, bottom 1 in, right 1 in

Exhibits must be in three-ring binders with specific labeling, indexing, and tabbing requirements.

Exhibits are to be placed in three-ring binders. The binders should be labeled with the style of the case, case number, and whether the binder is “Plaintiff’s Exhibit Notebook” or “Defendant’s Exhibit Notebook.” The first page in the binder should have the style of the case, case number, and “Plaintiff’s/Defendant’s Exhibit Notebook.” The next page should be the exhibit index. Each exhibit should be tabbed for ease of locating that exhibit. Special exhibit labels are not necessary; you may use the standard “Plaintiff/Defendant Exhibit” labels. Provide two sets of exhibits for the judge and one set for use by witnesses on the witness stand.

CRITICALCivil cases

Exhibits are to be placed in three-ring binders. The binders should be labeled with the style of the case, case number, and whether the binder is “Plaintiff’s Exhibit Notebook” or “Defendant’s Exhibit Notebook.” The first page in the binder should have the style of the case, case number, and “Plaintiff’s/Defendant’s Exhibit Notebook.” The next page should be the exhibit index. Each exhibit should be tabbed for ease of locating that exhibit. Special exhibit labels are not necessary; you may use the standard “Plaintiff/Defendant Exhibit” labels. Provide one set of exhibits for the judge and one set for use by witnesses on the witness stand.

Exhibits are to be placed in three-ring binders. The binders should be labeled with the style of the case, case number, and whether the binder is “Plaintiff’s Exhibit Notebook” or “Defendant’s Exhibit Notebook.” The first page in the binder should have the style of the case, case number, and “Plaintiff’s/Defendant’s Exhibit Notebook.” The next page should be the exhibit index. Each exhibit should be tabbed for ease of locating that exhibit. Special exhibit labels are not necessary; you may use the standard “Plaintiff/Defendant Exhibit” labels. Provide one set of exhibits for the judge and one set for use by witnesses on the witness stand.

CRITICALCivil cases

Format

DOCX

Proposed orders and discovery charts must be in Microsoft Word format and use the Court’s templates.

11. Document type when submitting proposed orders and discovery charts Parties are to provide proposed orders and discovery charts in Microsoft Word format via email or if preferred, parties may request for documents to be submitted through a secure link through the US Court’s box.com. To request a secure link, please the Court’s Law Clerks at TXWDml_NoJudge_Chambers_WA_JudgeMacLemore@txwd.uscourts.gov. Parties are to utilize the Proposed Scheduling Order Template and the Discovery Dispute Chart Template located under the “Courtroom Guidance” tab.

CRITICAL

PDF exhibits must not contain active links or embedded launches.

Do not include active links or embedded launches in submitted PDF exhibits.

CRITICAL

Exhibit files must follow specific naming convention with exhibit number and underscore.

All file names MUST be named using the following naming convention. Not using this exact naming convention will cause problems in our office when uploading your exhibit files. The file name begins with the exhibit number, followed by an underscore to designate that the remaining text of the file name is the description of the exhibit.

CRITICALCivil cases

Format

DOCX

Parties are to provide proposed orders and discovery charts in Microsoft Word format via email or if preferred, parties may request for documents to be submitted through a secure link through the US Court’s box.com.

Parties are to provide proposed orders and discovery charts in Microsoft Word format via email or if preferred, parties may request for documents to be submitted through a secure link through the US Court’s box.com.

CRITICAL

Audio/video files must not exceed 500 MB individual file size.

The individual file size of audio and video should not exceed 500 MB.

CRITICAL

Format

PDF

VERY Important: The individual file size of documents (pdf) should not exceed 50 MB.

VERY Important: The individual file size of documents (pdf) should not exceed 50 MB.

CRITICAL

Sub-exhibit files limited to 200 characters and use dash before sub letter.

SUB EXHIBIT Exhibit Number(dash)Sub Letter(Underscore)Exhibit Description(.)File Extension Limited to 200 characters

CRITICAL

Underscore only allowed between exhibit number and description, not elsewhere.

Note: An underscore MUST be placed between the exhibit number and exhibit description. DO NOT use an underscore anywhere else in the exhibit file name.

CRITICALCivil cases

All presentations must be made from the lectern, not counsel table.

All presentations in the courtroom are from the lectern.

CRITICALCivil cases

Format

DOCX

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.

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.

CRITICALCivil cases

Court conducts voir dire; attorneys cannot conduct their own.

No, the Court will conduct voir dire.

CRITICALCivil cases

Standard business attire required in courtroom.

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.

CRITICALCivil cases

Attorneys must wear standard business attire; men must wear coat and tie, women must wear tailored suits/dresses or pantsuits.

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.

CRITICALCivil cases

Format

WORD_PERFECT

Yes, WordPerfect 9.0.

Yes, WordPerfect 9.0.

CRITICALCivil cases

Format

WORD_PERFECT

Yes, WordPerfect 9.0.

Yes, WordPerfect 9.0.

CRITICAL

Response to Proposed Undisputed Facts must be in a three-column format: verbatim fact, undisputed/disputed status, and evidence or objection if disputed.

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.

CRITICAL

Proposed Undisputed Facts must be in a two-column format with numbered paragraphs, each addressing a single subject.

The Proposed Undisputed Facts shall be prepared in a two-column format. The left column shall set forth the allegedly undisputed fact. The right column shall set forth the evidence that supports the factual statement. The factual statements should be set forth in sequentially numbered paragraphs. Each paragraph should contain a narrowly focused statement of fact. Each numbered paragraph should address a single subject as concisely as possible.

CRITICAL

A proposed order accompanying a motion or opposition must be completely separate 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.

WARNINGCivil cases

The Court can no longer receive USB drives due to security concerns, but the technical advisors can.

The Court can no longer receive USB drives due to security concerns, but the technical advisors can.

WARNINGCivil cases

If the parties submit one, the tutorial should be in electronic form, with voiceovers, and submitted at least 10 days before the Markman hearing. 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.

If the parties submit one, the tutorial should be in electronic form, with voiceovers, and submitted at least 10 days before the Markman hearing. 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.

WARNINGCivil cases

Physical copies are no longer required for Markman, summary judgment, and Daubert submissions; parties must coordinate with the law clerk at least ten days before hearing to provide electronic materials via Box.

The Court no longer requires physical copies of Markman briefs, summary judgment motions, and Daubert motions. Instead, the parties shall jointly contact the Court’s law clerk, at least ten days before the hearing, for a Box link to provide an electronic copy of the briefs, 10 exhibits, and the optional technology tutorial.

WARNING

If a party intends to include non-documentary materials (e.g., videotapes and other physical materials) or oversized materials (e.g., maps and schematic drawings) in the appendix, it must contact the Court at least 7 days be- fore filing the appendix (absent good cause) to deter- mine the appropriate method to submit those materi- als. The appendix should include a separate slip sheet for each non-documentary item and identify on the slip sheet that the item was or will be separately filed with the Court.

If a party intends to include non-documentary materials (e.g., videotapes and other physical materials) or oversized materials (e.g., maps and schematic drawings) in the appendix, it must contact the Court at least 7 days be- fore filing the appendix (absent good cause) to deter- mine the appropriate method to submit those materi- als. The appendix should include a separate slip sheet for each non-documentary item and identify on the slip sheet that the item was or will be separately filed with the Court.

WARNING

Each appendix item must be preceded by a slip sheet identifying the item using the same description as in the table of contents.

Place a slip sheet before each item that identifies the item by the content of the document using the same description that appears in the table of contents.

WARNING

Appendix must include bookmarks for each item, labeled with the same description as the TOC and slip sheet, linking to the slip sheet page.

Create bookmarks, one for each item, that together form a navigable index corresponding to the table of contents. Each bookmark must be labeled with the content of the item using the same description as the table of contents and slip sheet, and must link to the page on which that item's slip sheet appears.

WARNINGCivil cases

Technology tutorials are optional; submitted tutorials should be electronic, include voiceovers, and be submitted at least 10 days before the Markman hearing.

Technology tutorials are optional. If the parties submit one, the tutorial should be in electronic ===== PAGE 8 ===== form, with voiceovers, and submitted at least 10 days before the Markman hearing.

WARNINGCivil cases

Format

WORD_PERFECT

Parties may provide electronic versions of proposed jury instructions, verdict forms, and proposed findings of fact and conclusions of law, which must be in WordPerfect format.

May the parties provide the court with electronic versions of proposed jury instructions, verdict forms, or proposed findings of fact and conclusions of law? If so, what format should be used? Yes. Must be in a WordPerfect format.

WARNINGCivil cases

Exhibit binders should identify the case style and number and distinguish the plaintiff’s notebook from the defendant’s.

The binders should be labeled with the style of the case, case number, and should distinguish whether it is “Plaintiff’s Exhibit Notebook” or “Defendant’s Exhibit Notebook.”

WARNINGCivil cases

Format

DOCX

Proposed jury instructions, verdict forms, and proposed findings and conclusions should be submitted in Microsoft Word by email to the specified Courtroom Deputy address.

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 magda_muzza@txwd.uscourts.gov.

WARNINGCivil cases

Proposed jury instructions, verdict forms, and proposed findings and conclusions should be provided in Microsoft Word and emailed to the listed address.

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 9 758659.1 ===== PAGE 10 ===== magda_muzza@txwd.uscourts.gov.

WARNINGCivil cases

Exhibits must be placed in three-ring binders.

Exhibits are to be placed in three-ring binders.

WARNINGCivil cases

The exhibit binder must include an index and tabs to locate exhibits.

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

WARNINGCivil cases

Courtroom decorum rules prohibit gum, active cell phones, and beverages at counsel tables without approval; require standing when addressing court; specify lectern use and permission requirements.

No chewing gum, no active cell phone use, and no beverages at counsel tables unless approved by the court. Counsel will question the witnesses from the lectern. Request permission to approach a witness or the bench. Do not approach the lectern or walk behind opposing counsel when opposing counsel is conducting direct or cross examination. Dress consistent with court decorum rules. Anyone addressing the court must stand.

WARNINGCivil cases

Court dislikes tardiness, attorneys talking too fast, and failure to notify when motions are unopposed.

Tardiness. Attorneys talking too fast and upsetting the Court Reporter. Not immediately notifying the Court that a motion is unopposed (or that portions of a motion are uncontested).

WARNINGCivil cases

There is no automatic overall limit on participating attorneys, but only one attorney may examine a given witness and make cross-examination objections for that witness.

The Court does not automatically impose any limit on the number of attorneys who may make arguments and question witnesses at trial for a single party; however, only one attorney may examine any given witness, including making objections on cross examination.

WARNINGCivil cases

Only one attorney may handle each argument, though different attorneys may handle the opening and closing statements.

Only one attorney may handle any given argument, although different attorneys may handle the opening and closing statements.

WARNINGCivil cases

Counsel generally must question witnesses from the podium; the Court will consider well-supported requests to do otherwise if made before trial.

Generally, counsel must question witnesses from the podium, but the Court will entertain well supported requests to do otherwise if made pre-trial.

WARNINGCivil cases

Counsel who are physically able must stand when addressing the Court, objecting, or examining witnesses, unless instructed otherwise.

If physically able, counsel must stand when addressing the court, making objections, or examining witnesses unless otherwise instructed.

WARNINGCivil cases

Format

DOCX

Proposed orders and discovery charts must be provided in Microsoft Word format by email, or parties may request submission through a secure link via the U.S. Court’s Box.com.

Parties are to provide proposed orders and discovery charts in Microsoft Word format via email or if preferred, parties may request for documents to be submitted through a secure link through the US Court’s box.com.

WARNINGCivil cases

Demonstratives generally may not be used during voir dire, though the Court will consider limited exceptions.

Demonstratives generally may not be used during voir dire, but the Court will entertain limited exceptions to this general practice.

WARNINGCivil cases

Only water bottles permitted at counsel table; no other beverages allowed.

Water bottles are allowed at the counsel table, no other beverages are allowed in the courtroom.

WARNINGCivil cases

Only water bottles permitted at counsel table; no other beverages allowed in courtroom.

Water bottles are allowed at the counsel table, no other beverages are allowed in the courtroom.

WARNINGCivil cases

Statement of claims or defenses for voir dire must be double-spaced and no longer than half a page.

(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.

WARNINGCivil cases

Court sets time limits for opening statements and may cut off repetitive/excessive presentations.

The Court will provide a time limit on opening statements. If counsel becomes repetitive or excessive the court may ask them to conclude their statements.

INFO

Example of sub exhibit naming: 1-A_Photograph of Gun Marked Up.pdf

Example: 1-A_Photograph of Gun Marked Up.pdf

INFO

Example of correct file naming: 1_Photograph of Gun.PDF

Example: 1_Photograph of Gun.PDF

INFOCivil cases

The Court encourages discovery-dispute submissions in Word using a table format that clearly presents issues and requested relief.

The Court encourages the parties to provide their submission in a Word document in the following table format, which clearly identifies the disputed issues and specific relief requested.

INFOCivil cases

Technology tutorials optional, electronic form, 10 days before Markman, 15 minutes per side

Technology tutorials are optional, especially in cases where a technical advisor has been appointed. If the parties submit one, the tutorial should be in electronic form, with voiceovers, and submitted at least 10 days before the Markman hearing. 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. The tutorial will not be part of the record and the parties may not rely on or cite to the tutorial in other aspects of the litigation.

INFOCivil cases

Parties are encouraged to submit discovery dispute summaries in Word document format using a specified table layout.

The Court encourages the parties to provide their submission in a Word document in the following table format, which clearly identifies the disputed issues and specific relief requested.

INFOCivil cases

Physical copies no longer required for Markman, MSJ, and Daubert motions.

The Court no longer requires physical copies of Markman briefs, summary judgment motions, and Daubert motions.

INFOCivil cases

If the parties submit one, the tutorial should be in electronic form, with voiceovers, and submitted at least 10 days before the Markman hearing. 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.

If the parties submit one, the tutorial should be in electronic form, with voiceovers, and submitted at least 10 days before the Markman hearing. 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.

INFOCivil cases

Headings, footnotes, and quotations longer than two lines may be single-spaced.

Headings, footnotes, and quotations more than two lines long may be single-spaced.

INFOCivil cases

The Court encourages, but does not require, parties to submit their dispute materials in a Word document using the provided table format.

The Court encourages the parties to provide their submission in a Word document in the following table format:

INFO

Counsel should address Court and witnesses from the lectern.

From the lectern.

INFO

Hyperlinking citations in briefs is encouraged but not required.

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

INFO

Trials typically run from 8:30 AM to 5:00 PM with lunch recess from 12:00 PM to 1:00 PM.

Trials normally convene at 8:30 a.m. and adjourn around 5:00 p.m., recessing for lunch between 12:00 p.m. and 1:00 p.m.

INFOCivil cases

Court trial days typically run 8:30 a.m. - 5:30 p.m. with two 15-minute breaks and one-hour lunch.

8:30 a.m. - 5:30 p.m. Two 15 min. breaks during the day. One hour for lunch. If the case runs behind schedule, the lunch break may be cut short and we may work past 5:30 p.m.

INFOCivil cases

Court accepts electronic trial exhibits for JERS system.

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.

INFOCivil cases

Judge conducts principal voir dire; attorneys may submit written questions and ask 20-minute follow-up questions.

The Judge will conduct the principal voir dire. Attorneys may submit written questions in advance. On completion of the general voir dire, the Judge typically allows attorneys to ask follow-up questions (a time limit of 20 minutes is usually imposed).

INFOCivil cases

Yes.

Yes.

INFOCivil cases

Format

DOCX

Electronic versions of jury instructions and verdict forms accepted in Word format.

Yes. Documents may be submitted in Word.

INFOCivil cases

Opening statements in criminal cases typically allowed 20-30 minutes.

Counsel are normally afforded 20-30 minutes to make an opening statement.

INFOCivil cases

Attorneys must wear standard business attire including coat and tie for men.

Attorneys are required to wear standard business attire. For men, this includes a coat and tie. Otherwise, see Local Rule AT-5.

INFOCivil cases

Trial days typically run 9:00 AM to 5:00 PM with lunch recess.

Trial will normally convene at 9:00 a.m. and adjourn around 5:00 p.m., recessing for lunch between 12:00 p.m. and 1:15 p.m.

INFOCivil cases

If a motion or response contains numerous exhibits, consider delivering a "hard copy" to Chambers. Briefs or motions on CD with hyperlinks to cases or exhibits are also accepted. To the extent possible, scanned documents should be made searchable through optical character recognition (OCR) before electronic filing.

If a motion or response contains numerous exhibits, consider delivering a "hard copy" to Chambers. Briefs or motions on CD with hyperlinks to cases or exhibits are also accepted. To the extent possible, scanned documents should be made searchable through optical character recognition (OCR) before electronic filing.

INFO

Citations preferred in body text, string citations acceptable in footnotes.

I prefer when citations and other matters are included in the body of a document’s text, as opposed to a footnote. That said, a string citation is fine in a footnote.

INFOCivil cases

Trial days typically run 9:00 AM to 4:30 PM with lunch recess 12:00 PM to 1:30 PM.

Trial will normally convene at 9:00 a.m. and adjourn around 4:30 p.m. recessing for lunch between 12:00 p.m. to 1:30 p.m.