Judge K. Nicole Mitchell
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Exhibits
Exhibits, Exhibit List
- 1 copy
Markman Brief, Case Dispositive Motion
Page & Word Limits1 rule
Finally, the Court requests that the parties be judicious in their requests to exceed the page limits provided for in the local rules. In this Court, less is better.
Document Format Requirements2 rules
e. Individually numbered pages.
Formatting
- •Individually numbered pages
If exhibits are voluminous, original exhibits should be placed in folders properly labeled with Exhibit Number in a standard-sized box with handles.
- Exhibits
Formatting
- •Standard-sized box with handles
Document Filing Requirements9 rules
Please stand when the jury enters or leaves the courtroom.
- Document
- Courtroom procedure
Include
- •Stand when jury enters leaves
Counsel shall stand when addressing the Court. Further, when questioning witnesses or arguing to the Court or jury, counsel should do so from the podium and approach the witness stand or jury box only with the Court=s permission.
- Document
- Courtroom procedure
Must include
- •Stand when addressing court
Speaking objections are prohibited. Counsel should simply state the objection and the basis for the objection without argument, i.e., AObjection. Hearsay,@ or AObjection. Leading.@
briefing filed before the court shall include the following: a. A statement of the exact issues presented for review, set forth in separate numbered paragraphs. b. A statement of the case. This statement should indicate, briefly, the course of the proceeding and its disposition at the administrative level and should set forth a general statement of the facts. This statement of the facts shall include plaintiff’s age, education, and work experience; an outline of the medical evidence; and a brief summary of other evidence of record. Each statement of fact shall be supported by a reference to the page in the record where the evidence may be found. c. An argument. The argument may be preceded by a summary. The argument shall be divided into sections separately treating each issue and must set forth the contentions of plaintiff with respect to the issues presented and reasons therefor. Each contention must be supported by specific reference to the portion of the record relied upon and by citations to statutes, regulations, and cases supporting plaintiff’s position. Cases from other districts and circuits should be cited only in conjunction with relevant cases from this jurisdiction or if authority on point from this jurisdiction does not exist. Citations to unreported district court opinions must be accompanied by a copy of the opinion. If plaintiff has moved for remand to the Secretary for further proceedings, the argument in support thereof must set forth good cause for remand. Furthermore, if the remand is for the purpose of taking additional evidence, such evidence must be attached to the brief, or, if such evidence is in the form of a consultation examination sought at government expense, plaintiff must make a proffer of the nature of the evidence anticipated to be obtained. d. A short conclusion stating the relief sought. The issues before the court are limited to the exact issues properly raised in the briefs. Any issue raised in the briefs but not discussed at oral argument, if one is held, will be deemed abandoned. e. Individually numbered pages.
- Document
- Brief
Must include
- •Statement of facts
parties shall re-file a complete Docket Control Order in every instance where a motion to modify/amend a Docket Control Order is granted. The amended Docket Control Order shall incorporate the modified deadline(s) in addition to the deadlines that remain unchanged.
Commissioner must file certified transcript as attachment to answer in Social Security cases
Court's wording
Title 42 U.S.C. §405(g) provides in pertinent part that "as part of the Commissioner's answer, the Commissioner of Social Security shall file a certified copy of the transcript of the record including the evidence upon which the findings and decision complained of are based."
Discovery motions discouraged unless substantial and parties tried to resolve.
Court's wording
Counsel are encouraged to make every effort to resolve discovery issues without the necessity of Court intervention. The Court looks with disfavor on discovery motions, unless they are of substantial import and the parties have worked diligently to resolve them by agreement.
Notice of readiness must include a list of pending motions; additional content required for patent cases.
Court's wording
The notice shall include a list of any pending motions. For patent cases, the notice shall also include: (1) a list of any related cases previously filed in the Eastern District of Texas involving the same patent or patents; (2) the patent numbers for this case and any related case; and (3) the dates of any future Markman Hearing and/or Trial for related cases.
Counsel are encouraged to use jump cites in cases cited to the Court and to provide specific citations to the record.
Include
- •Jump cites
- •Specific record citations
Filing & Service rules
Filing Timing and Cure Windows
Notice of readiness must be filed within five days of the last defendant's answer or motion.
The notice shall be filed within five days of the last remaining Defendant’s answer or motion in the case.
Civil cases
Page 1 | Standing Order Regarding Readiness for Status Conference
The deadline to answer or respond is stayed while the application for extension is pending with the clerk.
the deadline to answer or otherwise respond is stayed pending action by the clerk.
Civil cases
Page 1 | ORDER REGARDING MOTIONS FOR EXTENSIONS OF TIME TO ANSWER
Courtesy Copy Requirements
IT IS ORDERED that courtesy paper copies shall only be filed for Markman briefings and dispositive motions in patent cases unless specifically requested by the undersigned.
IT IS ORDERED that courtesy paper copies shall only be filed for Markman briefings and dispositive motions in patent cases unless specifically requested by the undersigned.
Civil cases
Page 1 | EXEMPTION ORDER TO GENERAL ORDER 04-16 RE COURTESY PAPER COPIES OF ELECTRONICALLY-FILED DOCUMENTS
Each party should provide the Court with an original and one courtesy copies of exhibits and exhibit lists at the beginning of trial or evidentiary hearing.
Each party should provide the Court with an original and one courtesy copies of exhibits and exhibit lists at the beginning of trial or evidentiary hearing.
Page 1 | Exhibits and Exhibit Lists
On the courtesy copy, parties are to provide only specific pages that pertain to the issues and the courtesy copy shall be placed in notebook binders for the Court's use.
On the courtesy copy, parties are to provide only specific pages that pertain to the issues and the courtesy copy shall be placed in notebook binders for the Court's use.
Page 2 | Exhibits and Exhibit Lists
Adjournment & Extension Requirements
No further extensions beyond the 45-day total deadline unless good cause is shown.
no additional extensions of time will be granted after a party exhausts the forty-five day deadline absent a showing of good cause.
Civil cases
Page 1 | ORDER REGARDING MOTIONS FOR EXTENSIONS OF TIME TO ANSWER
Defendants must file an application to the clerk (not a motion) for extensions of time to answer, per Local Rule CV-12.
Defendants in every case shall first use the procedure set in place by Local Rule CV-12 regarding filing an Application for Extension of Time to Answer with the Clerk's office rather than filing a Motion for Extension of Time.
Civil cases
Page 1 | ORDER REGARDING MOTIONS FOR EXTENSIONS OF TIME TO ANSWER
Chambers Communication Rules
Contact Lisa Hardwick for scheduling matters, Judge Mitchell's law clerk for substantive matters.
Questions concerning scheduling matters in criminal and civil cases shall be directed to Lisa Hardwick. Questions concerning substantive matters in criminal or civil cases shall be directed to Judge Mitchell=s Law Clerk(s).
Page 1 | Contacting Chambers