Judge Robert W. Schroeder III
Individual Rules, Standing Orders & Policies
- Rules last changed:

Limits & Logistics
Document Limits
Courtesy Copies
Filings > 5 pages
Page & Word Limits3 rules
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
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
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
Document Filing Requirements18 rules
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
changes to the lead attorney designation must be accomplished by motion and order.
DocumentMotion To Change Lead Attorney
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
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