Western District of Texas Service and Proof of Service Rules

CRITICAL

Unless excused by the Court, motions requiring service under statute or rule must be served on all parties and may be served through CM/ECF.

Unless excused by the Court, any motion under paragraph 2(a) for which service would be required by statute or rule shall be served on all parties. Motions requiring service may be served using the Court's CM/ECF system.

CRITICAL

Service

Mail to all parties

An Order containing highly sensitive information will be securely maintained by the Clerk's office, and paper copies will be served on the parties by regular mail.

If a Court's Order contains highly sensitive information, the Clerk's office will file and maintain the Order in a secure paper filing system or a secure standalone computer system that is not connected to any network and will serve paper copies of the Order on the parties via regular mail.

CRITICALCivil cases

Seven weeks after the CMC, the Defendant must serve preliminary invalidity contentions containing the specified prior-art chart and identifications.

Seven weeks after the CMC: the Defendant shall serve 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 § 112; and (3) an identification of any claims the Defendant contends are directed to ineligible subject matter under § 101.

CRITICALCivil cases

No later than seven days before the CMC, the plaintiff must serve a Preliminary Infringement Contentions chart and identify and produce the specified claim-related information and documents.

Not later than seven days before the CMC: the Plaintiff shall serve a Preliminary Infringement Contentions chart setting forth where, in the accused product(s), each element of the asserted claim(s) is found. The plaintiff must identify the 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.

CRITICALCivil cases

Deadline

14 calendar days

Applies to

Depositions

Counsel must provide the Courtroom Deputy copies of all depositions to be used as exhibits at least 14 days before the final pretrial conference.

At least fourteen days prior to the final pretrial conference, counsel must provide Magda Muzza, the Courtroom Deputy, with a copy of all depositions to be used as exhibits.

CRITICALCivil cases

Deadline

2 calendar days

Exhibits must be exchanged with opposing parties at least two weeks before the final pretrial conference.

Exhibits must be exchanged with opposing parties at least two weeks prior to the final pretrial conference.

CRITICALCivil cases

Exhibit admissibility objections 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.

CRITICAL

Service

Mail to opposing party

Pro se litigants must mail a copy of their response papers to the defendant's counsel within 14 days after the motion is filed.

You must file your response papers with the Clerk of the Court and mail a copy to the defendant's counsel within fourteen (14) days of the filing of the defendant's motion with the Clerk of the Court.

CRITICALCivil cases

Plaintiff must serve any defendant who has not yet been served, including the removing defendant, under Rule 4.

If any Defendant has not yet been served (including the removing Defendant), Plaintiff must serve them pursuant to Rule 4.

CRITICALCivil cases

Applies to

Demonstrative exhibits

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

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

WARNINGCivil cases

Written objections to the Presentence Investigation Report should be sent to the Probation Officer.

Written objections should be sent to the Probation Officer.

WARNINGCivil cases

Exhibits and objections must be exchanged and filed after docket call, if not earlier, and before jury selection and trial.

After docket call, if not earlier, and before jury selection and trial.

WARNINGCivil cases

Notice should be given to the opposing party of the timing of the expected filing.

Notice should be given to the opposing party of the timing of the expected filing.

WARNINGCivil cases

Deadline

24 hours

For jury trials, parties should exchange demonstrative aids no later than 24 hours before use.

To avoid bench conferences in a jury trial, no later than 24 hours prior to its use, the parties should exchange any item it intends to use in the presence of the jury as a demonstrative aid, regardless whether the party intends to move for its admission.

WARNINGCivil cases

Before the final pretrial conference, counsel must exchange and provide the Courtroom Deputy 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(s) of any witness(es) whose testimony is expected to be presented by deposition.

WARNINGCivil cases

Rule 4 applies to service of process in a civil action after removal from state court.

Rule 4 applies to a civil action after it is removed from state court.

WARNINGCivil cases

Failure to serve a defendant timely may result in dismissal under Rule 4(m).

Failure to timely serve a defendant may result in dismissal pursuant to Rule 4(m).