Court Rules
Judge

Judge Robert W. Schroeder III

Individual Rules, Standing Orders & Policies

Rules last changed:
Eastern District of Texas

Limits & Logistics

Document Limits

Discovery Motion
7 pgs
Joint Report
2 pgs

Courtesy Copies

Filings > 5 pages

Filters:

Page & Word Limits3 rules

Page LimitsMandatoryCivil cases

Discovery motions and responses limited to 7 pages; attachments limited to 5 pages; no further briefing without court order.

An opposed discovery related motion, or any response thereto, shall not exceed 7 pages. Attachments to a discovery related motion, or a response thereto, shall not exceed 5 pages. No further briefing is allowed absent a request or order from the Court.

Discovery Motion

7 pages

Discovery Response

7 pages

5 pages

RS - Standing Order re Meet and Confer · Jun 2016 · p. 1
|SecREGARDING CASES ASSIGNED TO U.S. DISTRICT JUDGE RODNEY GILSTRAP AND U.S. DISTRICT JUDGE ROBERT W. SCHROEDER III STANDING ORDER REGARDING “MEET AND CONFER” OBLIGATIONS RELATING TO DISCOVERY DISPUTES
Page LimitsMandatoryCivil cases

limiting any motion or response to no more than 7 pages of briefing and 5 pages of attachments (all of which must comply with the spacing and type requirements of the Local Rules).

Brief

7 pages

Applies to: Attorney

Attachments

5 pages

Applies to: Attorney

RS - Standing Order re Meet and Confer · Jun 2016 · p. 3
|SecAlternatives to the In-Person Conference Requirement for Discovery Disputes
Page LimitsNoteCivil cases

Counsel shall promptly notify the Court of the results of that meeting by filing a joint report of no more than 2 pages.

Joint Report

2 pages

Applies to: Attorney

RS - Standing Order re Meet and Confer · Jun 2016 · p. 1
|SecREGARDING CASES ASSIGNED TO U.S. DISTRICT JUDGE RODNEY GILSTRAP AND U.S. DISTRICT JUDGE ROBERT W. SCHROEDER III STANDING ORDER REGARDING “MEET AND CONFER” OBLIGATIONS RELATING TO DISCOVERY DISPUTES

Document Filing Requirements18 rules

Filing RequirementsMandatory

Where a party conducts a mock jury trial, focus group, or similar study in which participants reside in the division where the case is pending, the party IS ORDERED to apply the following procedures:

DocumentMock Jury Study

Filing RequirementsMandatory

The party or parties who commission the study shall retain, to the extent practicable, the name and address of each participant in the study.

DocumentMock Jury Study

Filing RequirementsMandatory

Parties must cross-reference jury list with study participants and notify court of any matches.

Upon receipt of any jury list, the party or parties who commissioned the study shall immediately cross-reference the jury list with the identities of the participants and advise all other parties to the case and the Court of any prospective juror who participated in any study.

DocumentMock Jury Study

Filing RequirementsMandatory

Parties must notify all parties and court in writing about mock jury study at least 10 days before pre-trial conference.

If the case is not disposed of by settlement or otherwise, the party or parties who commissioned the study shall advise all other parties to the . case, as well as the Court, in writing, that such a study occurred. Such notice shall be provided at least 10 days before the pre-trial conference.

DocumentMock Jury Study

Filing RequirementsMandatory

Before jury selection, the party or parties who commissioned the study shall provide the names and addresses of all participants in the study to the Court in camera.

DocumentMock Jury Study

Filing RequirementsMandatoryCivil cases

the Court ORDERS the . plaintiff to provide a separate proposed Final Judgment when the plaintiff is seeking to dismiss the last remaining defendant.

DocumentFinal Judgment

Content & Formatting
Proposed Order
RS - STANDING ORDER - Order on Dismissal of Actions Jan 15 2016 · Jan 2016 · p. 1
|SecSTANDING ORDER ON DISMISSAL OF ACTIONS IN CASES PENDING BEFORE JUDGE ROBERT SCHROEDER
Filing RequirementsMandatoryCivil cases

Proposed Final Judgment must follow Local Rule CV-7(a) format and reference each defendant's dismissal order.

The proposed Final Judgment shall comply with the format described in Local Rule CV-7(a) and reference the order(s) dismissing each defendant, such that the Final Judgment records the manner of dismissal of each defendant in the action.

DocumentFinal Judgment

Content & Formatting
Proposed Order
RS - STANDING ORDER - Order on Dismissal of Actions Jan 15 2016 · Jan 2016 · p. 1
|SecSTANDING ORDER ON DISMISSAL OF ACTIONS IN CASES PENDING BEFORE JUDGE ROBERT SCHROEDER
Filing RequirementsMandatoryCivil cases

The proposed order shall comply with the format described in Local Rule CV-7(a), clearly indicate whether the dismissal is with or without prejudice, and, if applicable, provide that any pending requested relief is denied as moot.

DocumentProposed Order

Content & Formatting
Proposed Order
RS - STANDING ORDER - Order on Dismissal of Actions Jan 15 2016 · Jan 2016 · p. 1
|SecSTANDING ORDER ON DISMISSAL OF ACTIONS IN CASES PENDING BEFORE JUDGE ROBERT SCHROEDER
Filing RequirementsMandatoryCivil cases

the Court ORDERS that any request for dismissal under Rule 41, whether by notice, stipulation, or motion, include a proposed order dismissing the action.

DocumentDismissal Request

Content & Formatting
Proposed Order
RS - STANDING ORDER - Order on Dismissal of Actions Jan 15 2016 · Jan 2016 · p. 1
|SecSTANDING ORDER ON DISMISSAL OF ACTIONS IN CASES PENDING BEFORE JUDGE ROBERT SCHROEDER
Filing RequirementsMandatoryCivil cases

if the parties have legitimate disputes on which they cannot agree, they shall file a motion—in accordance with Local Rule CV-54—indicating their areas of disagreement with specificity.

DocumentMotion For Bill Of Costs

Filing RequirementsMandatoryCivil cases

Any such request must demonstrate: a) that the information sought to be protected is of such a sensitive nature that its disclosure creates a risk of harm that outweighs the strong presumption in favor of public access to judicial proceedings; and b) that the parties have met and conferred in good faith concerning the manner in which the sensitive information will be presented at the hearing or at trial, with the goal of minimizing the need to seal the record and the courtroom.

DocumentMotion To Seal

Content & Formatting
Certificate Of Conference
RS - 2016-06-02 Standing Order Regarding Protection of Proprietary Information · Jun 2016 · p. 1
|SecREGARDING PROTECTION OF PROPRIETARY AND/OR CONFIDENTIAL INFORMATION TO BE PRESENTED TO THE COURT DURING MOTION AND TRIAL PRACTICE
Filing RequirementsMandatoryCivil cases

Post-disclosure sealing requests must additionally show good cause for not requesting sealing before disclosure.

Except for requests to redact information referenced in Fed. R. Civ. P. 5.2(a), requests to seal or protect information after its public disclosure at a hearing or trial must, in addition to the preceding requirements, show good cause why the motion was not made in advance of the disclosure.

DocumentPost Disclosure Sealing Request

RS - 2016-06-02 Standing Order Regarding Protection of Proprietary Information · Jun 2016 · p. 2
|SecREGARDING PROTECTION OF PROPRIETARY AND/OR CONFIDENTIAL INFORMATION TO BE PRESENTED TO THE COURT DURING MOTION AND TRIAL PRACTICE
Filing RequirementsMandatoryCivil cases

any such request must demonstrate: a) that the information sought to be protected is of such a sensitive nature that its disclosure creates a risk of harm that outweighs the strong presumption in favor of public access to judicial proceedings; and b) that the parties have met and conferred in advance and in good faith concerning the manner in which the sensitive information will be presented at the hearing or at trial, with the goal of minimizing the need to seal the record and the courtroom.

DocumentMotion To Seal

Filing RequirementsMandatory

Plaintiff must file notice of readiness for scheduling conference within 5 days after all defendants answer or file motion to transfer/dismiss, including pending motions and patent-specific information.

The Court ORDERS that the Plaintiff in each case file a notice that the case is ready for scheduling conference when all of the Defendants have either answered or filed a motion to transfer or dismiss. The notice shall be filed within five days of the last remaining Defendant's answer or motion. 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(s) or related patent(s); (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.

DocumentNotice Of Readiness

Content & Formatting
Judge Name
RS - STANDING ORDER - Notice of Readiness for Scheduling Conference Jan 15 2016 · Jan 2016 · p. 1
|SecSTANDING ORDER REGARDING NOTICE OF READINESS FOR SCHEDULING CONFERENCE
Filing RequirementsMandatoryCivil cases

Upon settlement, parties must file a Joint Motion To Stay All Deadlines and Notice of Settlement with specific content including express settlement statement, terms, stay request (up to 30 days, or longer with good cause), and stipulation.

the parties shall jointly file a motion with the Court styled as follows: Joint Motion To Stay All Deadlines and Notice of Settlement. Such joint motion SHALL (1) affirmatively state that all matters in controversy between the parties have been settled in principle, (2) provide the general terms and amount of the settlement, (3) request that the Court stay for some specific and reasonable period of time, up to 30 days, the unreached deadlines contained in the Court’s Docket Control Order, or stay the entry of a Docket Control Order if one has yet to be entered, so that appropriate dismissal papers may be submitted and (4) stipulate that if any issues arise in formalizing the settlement papers, the parties agree to submit such issues to the Court for final resolution. The parties may request a stay for greater than 30 days if good cause is shown.

DocumentJoint Motion To Stay

RS -STANDING ORDER - Order on Settlements Jan 12 2016 · Jan 2016 · p. 1
|SecSTANDING ORDER REGARDING PROPER NOTIFICATION OF SETTLEMENT TO THE COURT IN CASES PENDING BEFORE JUDGE ROBERT SCHROEDER
Filing RequirementsMandatoryCivil cases

Only a joint motion with express settlement indication will support a stay; a mere notice of settlement or communication-only motion is inadequate and will not support later deadline adjustments.

A motion indicating that the parties are communicating about settlement but one which stops short of an express indication that the matters in controversy have, in fact, settled will not ordinarily support an order staying the existing deadlines. Other filings (such as and for example only—a mere notice of settlement) shall not be adequate to comply with this Order or to secure a stay of existing deadlines. Such noncompliant filings shall not support later requests to reset missed deadlines or otherwise amend the Docket Control Order.

DocumentNotice Of Settlement

RS -STANDING ORDER - Order on Settlements Jan 12 2016 · Jan 2016 · p. 2
|SecSTANDING ORDER REGARDING PROPER NOTIFICATION OF SETTLEMENT TO THE COURT IN CASES PENDING BEFORE JUDGE ROBERT SCHROEDER
Filing RequirementsImportantCivil cases

changes to the lead attorney designation must be accomplished by motion and order.

DocumentMotion To Change Lead Attorney

Content & Formatting
Proposed Order
RS - Standing Order re Meet and Confer · Jun 2016 · p. 4
|SecAlternatives to the In-Person Conference Requirement for Discovery Disputes
Filing RequirementsImportantCivil cases

In consolidated cases, the proposed Final Judgment need only be filed when the final lead or member defendant is dismissed. In such instances, the proposed Final Judgment shall be filed in the lead case and clearly indicate each member defendant's dismissal.

DocumentFinal Judgment

Content & Formatting
Proposed Order
RS - STANDING ORDER - Order on Dismissal of Actions Jan 15 2016 · Jan 2016 · p. 1
|SecSTANDING ORDER ON DISMISSAL OF ACTIONS IN CASES PENDING BEFORE JUDGE ROBERT SCHROEDER

Filing & Service rules

Courtesy Copy Requirements

Parties exempt from Local Rule CV-5(a)(9) courtesy copy requirement; courtesy copies to be delivered only as per the Court's Docket Control Order.

Parties are exempt from complying with Local Rule CV-5(a)(9), which requires the filing party to provide the presiding judge with paper copies of all electronically-filed documents over five pages in length. IT IS ORDERED that courtesy paper copies SHALL only be delivered to chambers as outlined in the Court’s sample Docket Control Order.

Civil cases

Page 1 | EXEMPTION ORDER TO LOCAL RULE CV-5(a)(9) RE COURTESY PAPER COPIES OF ELECTRONICALLY-FILED DOCUMENTS IN CASES PENDING BEFORE JUDGE ROBERT SCHROEDER

Sealing & Redaction Procedures

Requests to seal or otherwise protect certain information of a confidential and/or proprietary nature from public disclosure during a hearing or trial should be made before the public disclosure of the information.

Requests to seal or otherwise protect certain information of a confidential and/or proprietary nature from public disclosure during a hearing or trial should be made before the public disclosure of the information.

Civil cases

Page 1 | REGARDING PROTECTION OF PROPRIETARY AND/OR CONFIDENTIAL INFORMATION TO BE PRESENTED TO THE COURT DURING MOTION AND TRIAL PRACTICE

The above standing order makes clear that requests to seal or otherwise protect information from public disclosure during a hearing or trial should be made before the public disclosure of the information.

The above standing order makes clear that requests to seal or otherwise protect information from public disclosure during a hearing or trial should be made before the public disclosure of the information.

Civil cases

Page 4 | When Should the Request Be Made?

Post-disclosure sealing requests require good cause showing why not made in advance.

Requests to seal or protect information after its public disclosure at a hearing or trial are not prohibited, but must, in addition to the normal requirements, show good cause why the motion was not made in advance of the disclosure. Failing a clear showing of good cause such requests should be denied.

Civil cases

Page 4 | When Should the Request Be Made?

If settlement terms are confidential, the motion may be filed under seal with a Certificate of Authorization to File Under Seal referencing this Standing Order.

If settlement terms are deemed “Confidential,” the Notice may be filed under seal by including a Certificate of Authorization to File Under Seal referencing this Standing Order. See Local Rule CV-5(a)(7)(A).

Civil cases

Page 1 | STANDING ORDER REGARDING PROPER NOTIFICATION OF SETTLEMENT TO THE COURT IN CASES PENDING BEFORE JUDGE ROBERT SCHROEDER

Pre-Motion Conference Requirements

Parties must comply with Local Rule CV-7(h) and (i) conference requirements before filing any discovery motion.

Prior to filing any discovery related motion, the parties must fully comply with the substantive and procedural conference requirements of Local Rule CV-7(h) and (i).

Civil cases

Page 1 | REGARDING CASES ASSIGNED TO U.S. DISTRICT JUDGE RODNEY GILSTRAP AND U.S. DISTRICT JUDGE ROBERT W. SCHROEDER III STANDING ORDER REGARDING “MEET AND CONFER” OBLIGATIONS RELATING TO DISCOVERY DISPUTES

A personal conference between lead and local counsel is required before filing any discovery-related motion.

the order still requires a personal conference between lead and local counsel before the filing of any discovery related motion

Civil cases

Page 3 | Alternatives to the In-Person Conference Requirement for Discovery Disputes

before any party files a Motion for Bill of Costs, they should submit their proposed bill of costs to opposing counsel for review in light of the applicable law. Further, if there are any areas of disagreement, the parties shall meet, confer, and be prepared to compromise, making every effort to submit an 'agreed' bill of costs to the Court. However, if the parties have legitimate disputes on which they cannot agree, they shall file a motion—in accordance with Local Rule CV-54—indicating their areas of disagreement with specificity.

before any party files a Motion for Bill of Costs, they should submit their proposed bill of costs to opposing counsel for review in light of the applicable law. Further, if there are any areas of disagreement, the parties shall meet, confer, and be prepared to compromise, making every effort to submit an 'agreed' bill of costs to the Court. However, if the parties have legitimate disputes on which they cannot agree, they shall file a motion—in accordance with Local Rule CV-54—indicating their areas of disagreement with specificity.

Civil cases

Page 1 | Standing Order

If the court sets a discovery motion for hearing, lead and local counsel must confer again within 72 hours and file a joint report.

Should the court choose to set the motion for hearing, within 72 hours each party’s lead attorney and local counsel must confer again, without the involvement or participation of other attorneys, in an effort to resolve the dispute without court intervention and then file a joint report.

Civil cases

Page 4 | Alternatives to the In-Person Conference Requirement for Discovery Disputes

About United States District Judge Robert W. Schroeder III

District Judge Robert W. Schroeder III was appointed to the Eastern District of Texas by President Barack Obama in 2014. He was nominated on June 26, 2014, confirmed by the Senate on December 16, 2014, and received his commission on December 19, 2014. He filled the seat vacated by Judge David Folsom. The American Bar Association rated Judge Schroeder Unanimously Well Qualified.

Before his appointment, Judge Schroeder was in private practice from 1999 to 2014, representing individuals and corporations in federal and state courts of Texas and Arkansas in general civil and commercial litigation. Earlier in his career, he served as Associate Counsel to the President at the White House and clerked for Judge Richard S. Arnold of the U.S. Court of Appeals for the Eighth Circuit. Judge Schroeder was born on June 1, 1966, in Texarkana, Texas.

Education

  • American University Washington College of Law, J.D., 1994
  • University of Arkansas at Little Rock, B.A., 1989

Career

  • Law clerk to Hon. Richard S. Arnold, U.S. Court of Appeals for the Eighth Circuit
  • Associate Counsel to the President, The White House
  • Private practice, Texas and Arkansas (1999–2014)

Courthouse: United States Courthouse and Post Office, 500 North State Line Avenue, Third Floor, Texarkana, TX 75501 Phone: (903) 794-4067 Fax: (903) 794-1224

Chambers Staff

  • Courtroom Deputy: Shedera Combs
  • Court Reporter: Shelly Holmes
  • Law Clerk: Vania Wang
  • Law Clerk: Ian Howard
  • Law Clerk: Collin Hopkins
Common questions about Judge Robert W. Schroeder III's rules

Are courtesy copies required for Judge Robert W. Schroeder III?

Courtesy-copy rule applies when a filing is > 5 pages. Parties exempt from Local Rule CV-5(a)(9) courtesy copy requirement; courtesy copies to be delivered only as per the Court's Docket Control Order.

View ruleSource: page 1, section EXEMPTION ORDER TO LOCAL RULE CV-5(a)(9) RE COURTESY PAPER COPIES OF ELECTRONICALLY-FILED DOCUMENTS IN CASES PENDING BEFORE JUDGE ROBERT SCHROEDER

Does Judge Robert W. Schroeder III require a pre-motion conference or letter before filing a motion?

Parties must comply with Local Rule CV-7(h) and (i) conference requirements before filing any discovery motion.

View ruleSource: page 1, section REGARDING CASES ASSIGNED TO U.S. DISTRICT JUDGE RODNEY GILSTRAP AND U.S. DISTRICT JUDGE ROBERT W. SCHROEDER III STANDING ORDER REGARDING “MEET AND CONFER” OBLIGATIONS RELATING TO DISCOVERY DISPUTES

What page or word limits apply to discovery motion before Judge Robert W. Schroeder III?

Judge Robert W. Schroeder III's rule states these limits: attorney: 7 pages; attorney: 5 pages. Discovery motions and responses are limited to 7 pages of briefing and 5 pages of attachments.

View ruleSource: page 3, section Alternatives to the In-Person Conference Requirement for Discovery Disputes

What page or word limits apply to joint report before Judge Robert W. Schroeder III?

Judge Robert W. Schroeder III's rule states these limits: attorney: 2 pages. Joint report of meet and confer results limited to 2 pages.

View ruleSource: page 1, section REGARDING CASES ASSIGNED TO U.S. DISTRICT JUDGE RODNEY GILSTRAP AND U.S. DISTRICT JUDGE ROBERT W. SCHROEDER III STANDING ORDER REGARDING “MEET AND CONFER” OBLIGATIONS RELATING TO DISCOVERY DISPUTES

What must be included with mock jury study filings before Judge Robert W. Schroeder III?

Parties must retain names and addresses of mock jury study participants.

View ruleSource: page 1, section STANDING ORDER REGARDING MOCK JURIES

What must be included with dismissal request filings before Judge Robert W. Schroeder III?

The rule requires proposed order. Any Rule 41 dismissal request must include a proposed order.

View ruleSource: page 1, section STANDING ORDER ON DISMISSAL OF ACTIONS IN CASES PENDING BEFORE JUDGE ROBERT SCHROEDER

How does Judge Robert W. Schroeder III handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge Robert W. Schroeder III. Requests to seal or otherwise protect certain information of a confidential and/or proprietary nature from public disclosure during a hearing or trial should be made before the public disclosure of the information.

View ruleSource: page 1, section REGARDING PROTECTION OF PROPRIETARY AND/OR CONFIDENTIAL INFORMATION TO BE PRESENTED TO THE COURT DURING MOTION AND TRIAL PRACTICE
Complete rules summary for Judge Robert W. Schroeder III

Parties must retain names and addresses of mock jury study participants.

Parties must cross-reference jury list with study participants and notify court of any matches.

Parties must notify all parties and court in writing about mock jury study at least 10 days before pre-trial conference.

Parties must provide names and addresses of all study participants to court in camera before jury selection.

Parties must follow specific procedures when conducting mock jury studies in the division where the case is pending.

Discovery motions and responses are limited to 7 pages of briefing and 5 pages of attachments.

Parties must comply with Local Rule CV-7(h) and (i) conference requirements before filing any discovery motion.

If the court sets a discovery motion for hearing, lead and local counsel must confer again within 72 hours and file a joint report.

Joint report of meet and confer results limited to 2 pages.

A personal conference between lead and local counsel is required before filing any discovery-related motion.

Changes to the lead attorney designation require a motion and order.

Discovery motions and responses limited to 7 pages; attachments limited to 5 pages; no further briefing without court order.

Parties exempt from Local Rule CV-5(a)(9) courtesy copy requirement; courtesy copies to be delivered only as per the Court's Docket Control Order.

Any Rule 41 dismissal request must include a proposed order.

Proposed dismissal order must follow Local Rule CV-7(a) format, state whether dismissal is with or without prejudice, and note that pending relief is denied as moot if applicable.

In consolidated cases, proposed Final Judgment is required only when the last lead or member defendant is dismissed, and must be filed in the lead case indicating each member defendant's dismissal.

Plaintiff must provide a separate proposed Final Judgment when dismissing the last remaining defendant.

Proposed Final Judgment must follow Local Rule CV-7(a) format and reference each defendant's dismissal order.

if the parties have legitimate disputes on which they cannot agree, they shall file a motion—in accordance with Local Rule CV-54—indicating their areas of disagreement with specificity.

before any party files a Motion for Bill of Costs, they should submit their proposed bill of costs to opposing counsel for review in light of the applicable law. Further, if there are any areas of disagreement, the parties shall meet, confer, and be prepared to compromise, making every effort to submit an 'agreed' bill of costs to the Court. However, if the parties have legitimate disputes on which they cannot agree, they shall file a motion—in accordance with Local Rule CV-54—indicating their areas of disagreement with specificity.

Requests to seal or otherwise protect certain information of a confidential and/or proprietary nature from public disclosure during a hearing or trial should be made before the public disclosure of the information.

Any such request must demonstrate: a) that the information sought to be protected is of such a sensitive nature that its disclosure creates a risk of harm that outweighs the strong presumption in favor of public access to judicial proceedings; and b) that the parties have met and conferred in good faith concerning the manner in which the sensitive information will be presented at the hearing or at trial, with the goal of minimizing the need to seal the record and the courtroom.

Post-disclosure sealing requests must additionally show good cause for not requesting sealing before disclosure.

The above standing order makes clear that requests to seal or otherwise protect information from public disclosure during a hearing or trial should be made before the public disclosure of the information.

Post-disclosure sealing requests require good cause showing why not made in advance.

any such request must demonstrate: a) that the information sought to be protected is of such a sensitive nature that its disclosure creates a risk of harm that outweighs the strong presumption in favor of public access to judicial proceedings; and b) that the parties have met and conferred in advance and in good faith concerning the manner in which the sensitive information will be presented at the hearing or at trial, with the goal of minimizing the need to seal the record and the courtroom.

Plaintiff must file notice of readiness for scheduling conference within 5 days after all defendants answer or file motion to transfer/dismiss, including pending motions and patent-specific information.

Upon settlement, parties must file a Joint Motion To Stay All Deadlines and Notice of Settlement with specific content including express settlement statement, terms, stay request (up to 30 days, or longer with good cause), and stipulation.

Only a joint motion with express settlement indication will support a stay; a mere notice of settlement or communication-only motion is inadequate and will not support later deadline adjustments.

If settlement terms are confidential, the motion may be filed under seal with a Certificate of Authorization to File Under Seal referencing this Standing Order.

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