Court Rules
About United States Magistrate Judge K. Nicole Mitchell

**Magistrate Judge K. Nicole Mitchell** was sworn in as a United States Magistrate Judge for the Eastern District of Texas in the Tyler division on August 16, 2013. Her current term will expire on August 15, 2029. She has served as the National President of the Federal Magistrate Judges Association. Before her appointment, Judge Mitchell served as Chief Staff Attorney to United States District Judge Leonard Davis. Earlier in her career, she practiced at Fulbright & Jaworski. She was born and raised in Victoria, Texas. **Education** - Baylor University School of Law, J.D., 2006 (with honors) - Texas A&M University, M.A. - Texas A&M University, B.A. **Career** - Attorney, Fulbright & Jaworski - Chief Staff Attorney to U.S. District Judge Leonard Davis, Eastern District of Texas

**Courthouse:** William M. Steger Federal Building and United States Courthouse, 211 W. Ferguson, Room 300, Tyler, TX 75702 **Chambers:** Room 300 **Phone:** (903) 590-1077 **Fax:** (903) 590-1081 **Chambers Staff** - Courtroom Deputy: Lisa Hardwick - Law Clerk: Terri Good - Term Law Clerk: Natalie Drott

Common questions about Judge K. Nicole Mitchell's rules

Are courtesy copies required for Judge K. Nicole Mitchell?

Courtesy copies are required for markman briefs and case dispositive motions. Details: 1 copy, delivery upon filing. Courtesy paper copies are required only for Markman briefings and dispositive motions in patent cases before Judge Mitchell.

View ruleSource: page 1, section EXEMPTION ORDER TO GENERAL ORDER 04-16 RE COURTESY PAPER COPIES OF ELECTRONICALLY-FILED DOCUMENTS

What page or word limits apply to motion before Judge K. Nicole Mitchell?

Judge K. Nicole Mitchell's rules include page or word limits for covered filings. Be judicious in exceeding page limits; brevity preferred.

View ruleSource: page 1, section Motion Practice

What must be included with courtroom procedure filings before Judge K. Nicole Mitchell?

The rule requires stand when addressing court and use podium unless permission. Counsel must stand when addressing the Court and use podium unless given permission.

View ruleSource: page 1, section Courtroom Procedures

What must be included with objection filings before Judge K. Nicole Mitchell?

The rule requires no argument, state basis only, and state objection only. Speaking objections prohibited; state objection and basis only.

View ruleSource: page 1, section Objections

How may parties contact Judge K. Nicole Mitchell's chambers?

Parties may contact Judge K. Nicole Mitchell's chambers by phone only as allowed by the rule. Contact Lisa Hardwick for scheduling matters, Judge Mitchell's law clerk for substantive matters.

View ruleSource: page 1, section Contacting Chambers

How do I request an adjournment or extension before Judge K. Nicole Mitchell?

Judge K. Nicole Mitchell's rules specify what an adjournment or extension request must include. Defendants must file an application to the clerk (not a motion) for extensions of time to answer, per Local Rule CV-12.

View ruleSource: page 1, section ORDER REGARDING MOTIONS FOR EXTENSIONS OF TIME TO ANSWER

When is a filing treated as filed before Judge K. Nicole Mitchell?

The rule addresses filing timing, filing status, or cure windows. Notice of readiness must be filed within five days of the last defendant's answer or motion.

View ruleSource: page 1, section Standing Order Regarding Readiness for Status Conference
Complete rules summary for Judge K. Nicole Mitchell

Discovery motions discouraged unless substantial and parties tried to resolve.

Contact Lisa Hardwick for scheduling matters, Judge Mitchell's law clerk for substantive matters.

Counsel must stand when addressing the Court and use podium unless given permission.

Stand when jury enters or leaves courtroom.

Use jump cites and specific record citations in motions.

Be judicious in exceeding page limits; brevity preferred.

Speaking objections prohibited; state objection and basis only.

Notice of readiness must be filed within five days of the last defendant's answer or motion.

Notice of readiness must include a list of pending motions; additional content required for patent cases.

Briefs must include a statement of issues, statement of case, argument, conclusion, and individually numbered pages.

Briefs must have individually numbered pages.

Courtesy paper copies are required only for Markman briefings and dispositive motions in patent cases before Judge Mitchell.

Courtesy copies must contain only relevant pages and be placed in notebook binders.

One courtesy copy of exhibits and exhibit lists required at the beginning of trial or evidentiary hearing.

Voluminous exhibits must be organized in labeled folders within a standard box with handles.

When a motion to modify/amend a Docket Control Order is granted, the party must re-file a complete Docket Control Order that includes both modified and unchanged deadlines.

Commissioner must file certified transcript as attachment to answer in Social Security cases

The deadline to answer or respond is stayed while the application for extension is pending with the clerk.

Defendants must file an application to the clerk (not a motion) for extensions of time to answer, per Local Rule CV-12.

No further extensions beyond the 45-day total deadline unless good cause is shown.

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