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Court Rules
Judge

Judge Xavier Rodriguez

Individual Rules, Standing Orders & Policies

Rules last changed:
Western District of Texas

Limits & Logistics

Document Limits

Brief
30 pgs

Courtesy Copies

Emergency Motions

Adjournments

  • Trial date modification requests must be in writing before discovery deadline.
  • Trial continuance requests must be in writing with opposing counsel conference; hearing if no agreement.
  • Trial date modification requests must be in writing with opposing counsel conference.
  • +3 more

Request must include

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

Communication

Email

Chambers

sylvia_fernandez@txwd.uscourts.gov
Bringing Own EquipmentTechnical IssuesSchedulingEmergencies
No status inquiries
Phone

Chambers

(210) 472-6575
Emergencies
Phone

Chambers

(210) 472-6550
SchedulingStatus Inquiries
Phone

Chambers

(210) 472-6550, Ext. 5011
Bringing Own EquipmentScheduling
Phone
(210) 472-6550, Ext. 5037
Phone

Chambers

SchedulingEmergenciesTechnical Issues
Filters:

Page & Word Limits4 rules

Page LimitsMandatoryCivil cases

Without leave of Court, any brief or memorandum less than 30 pages may be submitted.

Brief
Fewer than 30 pages

Exception

More pages with leave of court

Page LimitsImportantCivil cases

Any brief or memorandum less than 30 pages may be submitted.

Brief
Fewer than 30 pages
Page LimitsNoteCivil cases

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

Page LimitsNoteCivil cases

Judge conducts principal voir dire; attorneys get 20 minutes for follow-up questions.

Court's wording

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 per side is usually imposed).

Document Format Requirements10 rules

FormattingMandatoryCivil 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.

Binding
Three-ring binder

Formatting

  • Binders must be labeled with case style, number, and party designation
  • First page must contain case information and notebook designation
  • Exhibit index required as second page
  • Each exhibit must be tabbed
  • Standard 'Plaintiff/Defendant Exhibit' labels acceptable
FormattingImportantCivil cases

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).

Formatting

  • Avoid tardiness
  • Speak at appropriate pace for Court Reporter
FormattingNoteCivil cases

Court accepts electronic trial exhibits for JERS system.

Formatting

  • Electronic format required for JERS system
  • Instructions available separately

Court's wording

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.

FormattingNoteCivil cases

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

Formatting

  • Judge conducts principal voir dire
  • 20-minute limit for attorney follow-up questions

Court's wording

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).

FormattingNoteCivil cases

Yes.

FormattingNoteCivil cases

Yes. Documents may be submitted in Word.

File type
Word
FormattingNoteCivil cases

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

FormattingNoteCivil cases

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

Formatting

  • Standard business attire required
FormattingNoteCivil cases

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.

FormattingNoteCivil 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.

Formatting

  • OCR recommended for scanned documents

Document Filing Requirements55 rules

Filing RequirementsMandatoryCivil cases

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

Court's wording

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.

Filing RequirementsMandatoryCivil cases

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.

Document
Initial disclosures

Must include

  • Rule 26(a)(1) initial disclosures
Filing RequirementsMandatoryCivil cases

Court requires parties to confer and submit proposed scheduling order

Court's wording

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.

Filing RequirementsMandatoryCivil cases

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.

Document
Removal documents

Should include

  • State court docket sheet
Court-Facts-for-US-District-Judge-Rodriguez-Dec -2025 · p. 3
|SectionProcedures Specific to Civil Cases
Filing RequirementsMandatoryCivil cases

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.

Court-Facts-for-US-District-Judge-Rodriguez-Dec -2025 · p. 3
|SectionProcedures Specific to Civil Cases
Filing RequirementsMandatoryCivil cases

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

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|SectionProcedures Specific to Civil Cases
Filing RequirementsMandatoryCivil cases

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).

Court-Facts-for-US-District-Judge-Rodriguez-Dec -2025 · p. 3
|SectionProcedures Specific to Civil Cases
Filing RequirementsMandatoryCivil cases

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

Court-Facts-for-US-District-Judge-Rodriguez-Dec -2025 · p. 4
|SectionProcedures Specific to Civil Cases
Filing RequirementsMandatoryCivil cases

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

Filing RequirementsMandatoryCivil cases

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

Filing RequirementsMandatoryCivil cases

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

Document
Sentencing memorandum

Must include

  • Unresolved objections
  • Authorities relied upon
  • Sentencing recommendations

Court's wording

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.

Filing RequirementsMandatoryCivil cases

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

Document
Trial exhibit

Must include

  • Exhibit number

Court's wording

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.

Filing RequirementsMandatoryCivil cases

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.

Document
Sentencing memorandum

Must include

  • Exhibits or letters
Filing RequirementsMandatoryCivil cases

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

Document
Motion to amend

Should include

  • Redline comparison
Filing RequirementsMandatoryCivil cases

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

Court's wording

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.

Filing RequirementsMandatoryCivil cases

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

Filing RequirementsMandatoryCivil cases

Letter briefs should not be submitted.

Filing RequirementsMandatoryCivil cases

• 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.

Filing RequirementsMandatoryCivil cases

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

Document
Motion to dismiss

Should include

  • Background statement
Filing RequirementsMandatoryCivil cases

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

Filing RequirementsMandatoryCivil cases

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

Document
Motion in limine

Must include

  • Confined to matters actually in dispute
Filing RequirementsMandatoryCivil cases

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

Filing RequirementsMandatoryCivil cases

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.

Filing RequirementsMandatoryCivil cases

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

Filing RequirementsMandatoryCivil cases

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

Document
Supplemental briefing

May include

  • Motion for leave
Filing RequirementsMandatoryCivil cases

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

Court's wording

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.

Filing RequirementsMandatoryCivil cases

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

Court's wording

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.

Filing RequirementsMandatoryCivil cases

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

Filing RequirementsMandatoryCivil cases

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

Filing RequirementsMandatoryCivil cases

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

Court's wording

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.

Filing RequirementsMandatoryCivil cases

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.

Filing RequirementsMandatoryCivil cases

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.

Filing RequirementsMandatoryCivil cases

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

Court's wording

(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.

Filing RequirementsMandatoryCivil cases

(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.

Filing RequirementsMandatoryCivil cases

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

Filing RequirementsMandatoryCivil cases

(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).

Filing RequirementsMandatoryCivil cases

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

Filing RequirementsImportantCivil cases

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

Filing RequirementsImportantCivil cases

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.

Filing RequirementsImportantCivil cases

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.

Document
Discovery

Must include

  • Reasonable discovery
Filing RequirementsImportantCivil cases

Parties should exchange demonstrative aids intended for jury use.

Court's wording

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.

Filing RequirementsImportantCivil cases

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.

Filing RequirementsImportantCivil cases

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

Filing RequirementsNoteCivil cases

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

Court's wording

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.

Standing-Order-in-Civil-Cases-Assigned-to-Judge-Xavier-Rodriguez · Dec 2015 · p. 1
|SectionSTIPULATED ORDER REGARDING INADVERTENT PRODUCTION
Filing RequirementsNoteCivil cases

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.

Filing RequirementsNoteCivil cases

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

Court's wording

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.

Court-Facts-for-US-District-Judge-Rodriguez-Dec -2025 · p. 3
|SectionProcedures Specific to Civil Cases
Filing RequirementsNoteCivil cases

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

Court's wording

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.

Court-Facts-for-US-District-Judge-Rodriguez-Dec -2025 · p. 3
|SectionProcedures Specific to Civil Cases
Filing RequirementsNoteCivil cases

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).

Court-Facts-for-US-District-Judge-Rodriguez-Dec -2025 · p. 3
|SectionProcedures Specific to Civil Cases
Filing RequirementsNoteCivil cases

Motions in limine and objections to exhibits will be heard and ruled upon at that time.

Court-Facts-for-US-District-Judge-Rodriguez-Dec -2025 · p. 3
|SectionProcedures Specific to Civil Cases
Filing RequirementsNoteCivil cases

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

Court-Facts-for-US-District-Judge-Rodriguez-Dec -2025 · p. 12
|SectionProcedures Specific to Criminal Cases
Filing RequirementsNoteCivil cases

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.

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|SectionProcedures Specific to Criminal Cases
Filing RequirementsNoteCivil cases

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

Filing RequirementsNoteCivil cases

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

Court's wording

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.

Filing RequirementsNoteCivil cases

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

Document
Trial exhibit

Include

  • Electronic format

Court's wording

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.

Filing RequirementsNoteCivil cases

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.

Filing & Service rules

Electronic Filing Rules

The required supplement must be filed electronically.

The supplement is to be filed electronically

Civil cases

Page 1 | NOTICE TO REMOVING DEFENDANT(S)

Filing Timing and Cure Windows

If citizenship has not been properly pleaded, the removing party must amend or supplement the notice of removal within 14 days of the Order.

The removing party shall ensure that they have properly pled the citizenship of all parties in this case as outlined below, and shall file an amended notice of removal or supplement their original notice of removal within 14 days of this Order if they have not.

Civil cases

Page 1 | NOTICE TO REMOVING DEFENDANT(S)

Removing parties must electronically supplement the record within 14 days with all state-court pleadings and the complete state-court file, including the docket sheet.

Pursuant to 28 U.S.C. § 1447(b) and the Fact Sheet for Judge Xavier Rodriguez (available at https://www.txwd.uscourts.gov), if not already done, the removing party(ies) shall, within fourteen days of this Order, supplement the record with all state court pleadings. The supplement is to be filed electronically and shall include a copy of the complete file, including the docket sheet, in this cause from the court from which this case was removed.

Civil cases

Page 1 | NOTICE TO REMOVING DEFENDANT(S)

The removing party must submit an advisory answering the listed questions within seven days.

SUBMIT AN ADVISORY TO THE COURT WITH ANSWERS TO THE FOLLOWING QUESTIONS WITHIN 7 DAYS:

Civil cases

Page 2 | NOTICE TO REMOVING DEFENDANT(S)

Plaintiffs must move to remand based on procedural defects within 30 days after the notice of removal is filed.

Plaintiff(s) must file a motion to remand based on any procedural defects in removal within thirty days of the filing of the Notice of Removal. 28 U.S.C. § 1447(c).

Civil cases

Page 2 | NOTICE TO PLAINTIFF(s)

Service and Proof of Service Rules

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.

Civil cases

Page 2 | NOTICE TO PLAINTIFF(s)

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.

Civil cases

Page 2 | NOTICE TO PLAINTIFF(s)

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).

Civil cases

Page 2 | NOTICE TO PLAINTIFF(s)

Filing Fees and Waivers

IFP applications are referred to a Magistrate Judge for disposition of the fee waiver, appointment of counsel, and e-filing permission, with a recommendation on dismissal under §1915(e)(2).

With the exception of those cases listed in paragraph (2) any case in which an application to proceed in forma pauperis has been made shall be referred a Magistrate Judge for the Austin Division for disposition of the application to proceed in forma pauperis, for disposition of any pending motions for appointment of counsel and for permission to file electronically, and for prompt recommendation if it appears from the initial pleadings that the case should be dismissed pursuant to 28 U.S.C. § 1915(e)(2).

Page 1 | Referral of IFP Applications to Magistrate Judge

The IFP referral order does not apply to incarcerated applicants, conditions-of-confinement challenges, habeas petitions, or Social Security Administration appeals.

This Order does not apply to those cases where the applicant (a) is incarcerated, (b) is challenging the conditions of his confinement when he was incarcerated, (c) is seeking habeas relief, or (d) is appealing a decision of the Social Security Administration.

Page 1 | Exceptions to Referral

Courtesy Copy Requirements

Courtesy copies required only for emergency motions.

Only for emergency motions.

Civil cases

Sealing & Redaction Procedures

Compliance with Fed. R. Civ. P. 5.2 regarding redaction of certain material is mandatory.

Counsel are reminded that, with regard to any paper that is filed, compliance with Fed. R. Civ. P. 5.2 is mandatory. Accordingly, counsel should ensure that appropriate redactions are made.

Civil cases

Page 2 | REDACTION OF CERTAIN MATERIAL

Pre-Motion Conference Requirements

Rule 26(f) conference must be held within 14 days, preferably face-to-face unless attorneys are in different cities.

If not already held, the parties must conclude the Rule 26(f) conference no later than 14 days from the date this Order is signed. Unless attorneys reside in different cities, the Court expects that the Rule 26(f) conference will be conducted in a "face-to-face" session.

Civil cases

Page 1 | RULE 26 ATTORNEY CONFERENCE

Twombly motions and motions for more definite statement should be filed sparingly and do not stay discovery unless court orders otherwise.

Twombly motions (motions to dismiss for failure to state a claim) and motions for more definite statement generally lack merit and should be filed sparingly. Because motions under Fed. R. Civ. P. 12(b)(6) and Rule 12(c) have become routine practice, the filing of such motions does not stay discovery and will not otherwise delay progress of the case pending a ruling on the motion, unless the party filing the motion obtains a court order otherwise.

Civil cases

Page 2 | RULE 12 MOTIONS

No conference required on motions except discovery matters; General Order governs discovery.

No, except on discovery matters. The Court enters a General Order regarding Discovery very early in the case. That Order requires various discovery disclosures to be made without the necessity of any written motion. No “routine” discovery motions should be filed, unless the General Order of Discovery has not been complied with.

Civil cases

Page 12 | Procedures Specific to Criminal Cases

Adjournment & Extension Requirements

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

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

Civil cases

Page 9 | Dismissal of cases for want of prosecution

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

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

Civil cases

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

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

Civil cases

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

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

Civil cases

Yes.

Yes.

Civil cases

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

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

Civil cases

Extensions to answer complaint require agreed motion; discovery extensions can be stipulated.

Extensions to answer a complaint require an agreed motion and proposed order. See Fed. R. Civ. P. 6. Otherwise, discovery extensions may be stipulated to between the parties without any need for court approval.

Civil cases

Chambers Communication Rules

Call chambers or Courtroom Deputy in emergencies

Please call Chambers at (210) 472-6575 or Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov

Civil cases

Page 1 | Contacting the Court

Immediately notify Courtroom Deputy after TRO filing; provide electronic copy to adverse party

After the TRO has been filed with the Clerk's office and the matter has been assigned to this Court's chambers, immediately notify the Courtroom Deputy. Use every reasonable effort to provide notice to the adverse party that the TRO has been filed and provide a copy of the TRO to the opposing party by electronic (e-mail) delivery. Parties should comply with Fed. R. Civ. P. 65 and Local Rules.

Civil cases

Page 2 | Contacting the Court

For expedited relief motions, notify Courtroom Deputy immediately after filing and provide copy to opposing party by email.

After the motion has been filed with the Clerk’s office, immediately notify the Courtroom Deputy, Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov. Use every reasonable effort to provide notice to the adverse party that the motion has been filed and provide a copy of the motion to the opposing party by electronic (e-mail) delivery.

Civil cases

Page 12 | Contacting the Court

Emergency contact via phone to Chambers or Courtroom Deputy.

Please call Chambers at (210) 472-6575 or Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov.

Civil cases

Page 12 | Contacting the Court

Contact Sylvia Ann Fernandez for bringing own equipment at (210) 472-6550 Ext. 5011 or sylvia_fernandez@txwd.uscourts.gov.

Yes, contact should be made with Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov.

Civil cases

Page 14 | Bringing Own Equipment

Email Courtroom Deputy; faxes not accepted

Yes. Email Sylvia Fernandez, Courtroom Deputy, sylvia_fernandez@txwd.uscourts.gov. The Court cannot accept faxes.

Civil cases

Page 1 | Contacting the Court

Law clerks may be contacted for procedural questions only

An attorney may address a procedural question that cannot be answered by the federal rules of procedure, local rules, or the judge's scheduling order to the Law Clerk. Please do not call the judge's staff to inquire about substantive issues.

Civil cases

Page 1 | Contacting the Court

Parties may contact court during depositions only for immediate attention

Yes, but only in circumstances that necessitate the Court's immediate attention.

Civil cases

Page 2 | Contacting the Court

Must immediately notify court when case has been settled.

Not immediately notifying the Court that the case has been settled.

Civil cases

Page 10 | Special practices or procedures

Must immediately notify court when motion is unopposed or portions are uncontested.

Not immediately notifying the Court that a motion is unopposed (or that portions of a motion are uncontested).

Civil cases

Page 10 | Special practices or procedures

Initial pretrial conference scheduled after proposed scheduling order; motion may be filed for immediate conference.

An initial pretrial conference pursuant to Fed. R. Civ. P. 16 will be scheduled after the Court receives the parties’ proposed scheduling order. However, if a party believes that a conference with the Court is needed on a more immediate basis to resolve any discovery or case management issues, the party should file a motion with the Court requesting a pretrial conference.

Civil cases

Page 1 | INITIAL PRETRIAL CONFERENCE

Contact Courtroom Deputy Sylvia Ann Fernandez for scheduling matters

Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov

Civil cases

Page 1 | Contacting the Court

The Law Clerk should be notified at (210) 472-6575 immediately upon resolution of the pending motion.

The Law Clerk should be notified at (210) 472-6575 immediately upon resolution of the pending motion.

Civil cases

Page 2 | Contacting the Court

Contact assigned Law Clerk for expedited hearing requests

Contact the Law Clerk assigned to the case.

Civil cases

Page 2 | Contacting the Court

Contact assigned Law Clerk for non-substantive matters or case settlements

If an attorney wishes to contact the Court regarding a non-substantive matter or to inform the Court that the case has settled or a pending motion has been resolved, the attorney should contact the Law Clerk assigned to the case.

Civil cases

Page 2 | Contacting the Court

Courtroom Deputy Sylvia Ann Fernandez should be notified prior to the hearing or trial as to what equipment is needed.

Courtroom Deputy Sylvia Ann Fernandez should be notified prior to the hearing or trial as to what equipment is needed.

Civil cases

Page 4 | Facilities and Technology

Court reporter uses Real Time; contact Amber Nino at (210) 472-6550, Ext. 5037 for rough transcripts

Yes. Parties can contact the court reporter, Amber Nino at (210) 472-6550, Ext. 5037.

Civil cases

Page 4 | Facilities and Technology

Courtroom has internet access; arrangements must be made ahead of time

Yes, there is internet access, but arrangements must be made ahead of time.

Civil cases

Page 4 | Facilities and Technology

Contact Sylvia Ann Fernandez for equipment delivery arrangements

Parties should contact Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov.

Civil cases

Page 4 | Facilities and Technology

Notify Courtroom Deputy when criminal motion is resolved.

Notify Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov.

Civil cases

Page 12 | Contacting the Court

Contact Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov.

Contact Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov.

Civil cases

Page 12 | Contacting the Court

Additional technology details in Courtroom Technology Guidance document.

See Courtroom Technology Guidance.

Civil cases

Page 14 | Additional Technology

Courtroom has white erase board and document presenter, no chart stand, video equipment per guidance.

White Erase Board Yes Chart stand: No Document presenter: Yes Video equipment: See Courtroom Technology Guidance.

Civil cases

Page 14 | Available Equipment

About United States District Judge Xavier Rodriguez

U.S. District Judge Xavier Rodriguez was appointed to the Western District of Texas by President George W. Bush in 2003.

Judge Rodriguez is board-certified in labor and employment law and serves as an adjunct professor at St. Mary's University School of Law. Before his federal appointment, he served as a Justice on the Supreme Court of Texas (2001–2002) and was a partner at Fulbright & Jaworski L.L.P. in San Antonio. He served as a Captain in the U.S. Army Reserves, Judge Advocate General's Corps, from 1983 to 1992. He has received numerous honors including the Rosewood Gavel Award (2011) and the Samuel Pessarra Outstanding Jurist Award (2021).

Education

  • Duke University Bolch Judicial Institute, LL.M. in Judicial Studies, 2023
  • University of Texas School of Law, J.D., 1987
  • University of Texas LBJ School of Public Affairs, M.P.A., 1987
  • Harvard University, B.A., 1983

Career

  • U.S. District Judge, Western District of Texas (2003–present)
  • Justice, Supreme Court of Texas (2001–2002)
  • Partner, Fulbright & Jaworski L.L.P., San Antonio (1987–2001, 2002–2003)
  • Captain, U.S. Army Reserves, Judge Advocate General's Corps (1983–1992)

Courthouse: 262 West Nueva Street, San Antonio, TX 78207

Chambers Staff

  • Courtroom Deputy: Ms. Sylvia Ann Fernandez, (210) 472-6550 ext. 5011
  • Court Reporter: Ms. Amber Nino, (210) 244-5037
Common questions about Judge Xavier Rodriguez's rules

Are courtesy copies required for Judge Xavier Rodriguez?

Courtesy-copy rule applies for emergency. Courtesy copies required only for emergency motions.

Does Judge Xavier Rodriguez require a pre-motion conference or letter before filing a motion?

Rule 26(f) conference must be held within 14 days, preferably face-to-face unless attorneys are in different cities.

View ruleSource: page 1, section RULE 26 ATTORNEY CONFERENCE

What page or word limits apply to brief before Judge Xavier Rodriguez?

Judge Xavier Rodriguez's rule states these limits: 30 pages. Briefs/memoranda under 30 pages may be submitted without leave of court.

What formatting rules apply to filings before Judge Xavier Rodriguez?

Judge Xavier Rodriguez's formatting rule includes binding three ring binder, binders must be labeled with case style, number, and party designation, first page must contain case information and notebook designation, exhibit index required as second page, each exhibit must be tabbed, and standard 'plaintiff/defendant exhibit' labels acceptable. Exhibits are to be placed in three-ring binders.

What must be included with rule 7 1 disclosure statement filings before Judge Xavier Rodriguez?

The rule requires judge name. Nongovernmental corporate parties must file Rule 7.1 disclosure statement with first filing and supplement if information changes.

View ruleSource: page 1, section DISCLOSURE STATEMENT

What must be included with initial disclosures filings before Judge Xavier Rodriguez?

The rule requires caption and judge name. Rule 26(a)(1) initial disclosures must be exchanged within 14 days of this order.

View ruleSource: page 1, section INITIAL DISCLOSURES

How may parties contact Judge Xavier Rodriguez's chambers?

Immediately notify Courtroom Deputy after TRO filing; provide electronic copy to adverse party

View ruleSource: page 2, section Contacting the Court

How does Judge Xavier Rodriguez handle sealed or redacted filings?

Compliance with Fed. R. Civ. P. 5.2 regarding redaction of certain material is mandatory.

View ruleSource: page 2, section REDACTION OF CERTAIN MATERIAL

How do I request an adjournment or extension before Judge Xavier Rodriguez?

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

Are filing fees or waivers addressed before Judge Xavier Rodriguez?

The rule identifies fee waiver availability. IFP applications are referred to a Magistrate Judge for disposition of the fee waiver, appointment of counsel, and e-filing permission, with a recommendation on dismissal under §1915(e)(2).

View ruleSource: page 1, section Referral of IFP Applications to Magistrate Judge

Is electronic filing required before Judge Xavier Rodriguez?

Yes. Electronic filing is required for the covered filings. The required supplement must be filed electronically.

View ruleSource: page 1, section NOTICE TO REMOVING DEFENDANT(S)

What filing deadlines does Judge Xavier Rodriguez set?

Removing parties must electronically supplement the record within 14 days with all state-court pleadings and the complete state-court file, including the docket sheet.

View ruleSource: page 1, section NOTICE TO REMOVING DEFENDANT(S)

What service or proof of service rules apply before Judge Xavier Rodriguez?

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

View ruleSource: page 2, section NOTICE TO PLAINTIFF(s)
Complete rules summary for Judge Xavier Rodriguez

IFP applications are referred to a Magistrate Judge for disposition of the fee waiver, appointment of counsel, and e-filing permission, with a recommendation on dismissal under §1915(e)(2).

The IFP referral order does not apply to incarcerated applicants, conditions-of-confinement challenges, habeas petitions, or Social Security Administration appeals.

Initial pretrial conference scheduled after proposed scheduling order; motion may be filed for immediate conference.

Rule 26(f) conference must be held within 14 days, preferably face-to-face unless attorneys are in different cities.

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

Twombly motions and motions for more definite statement should be filed sparingly and do not stay discovery unless court orders otherwise.

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

Compliance with Fed. R. Civ. P. 5.2 regarding redaction of certain material is mandatory.

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

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

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

Response and motion must be separate documents.

Supplemental briefing permitted with motion for leave of court.

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).

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

Contact assigned Law Clerk for non-substantive matters or case settlements

Briefs/memoranda under 30 pages may be submitted without leave.

The Law Clerk should be notified at (210) 472-6575 immediately upon resolution of the pending motion.

Parties may contact court during depositions only for immediate attention

Court requires parties to confer and submit proposed scheduling order

Law clerks may be contacted for procedural questions only

Contact assigned Law Clerk for expedited hearing requests

Immediately notify Courtroom Deputy after TRO filing; provide electronic copy to adverse party

Parties must advise district clerk of positions on magistrate judge consent for trial

Agreed modifications approved; opposed modifications require response

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.

Courtroom has internet access; arrangements must be made ahead of time

Motions in limine and exhibit objections heard at final pretrial conference

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.

Final Joint Pretrial Order required with items specified in Scheduling Order

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