Eastern District of Texas Document Filing Requirements

Applies to

Exhibit list

For virtual hearings, parties must attach each designated exhibit separately to the exhibit list filed with the Court.

For the purposes of the virtual hearing, LBR 9014(d)(2) is altered to require each party seeking to introduce exhibits to attach (separately) each of those designated exhibits to the exhibit list that is filed with the Court.

Applies to

General

Must include

mask requirement

All visitors must wear masks in Sherman Courthouses except witnesses testifying and attorneys examining witnesses or addressing juries.

All visitors, except a witness while testifying, and an attorney while examining a witness or making a statement to a jury, must wear an appropriate face mask or covering while inside the Sherman Courthouses in courtrooms, jury rooms, public hallways, public restrooms, and elevators, unless excused from this requirement by the judge.

Applies to

General

Must include

mask requirement

Fully vaccinated court employees and tenants must wear masks in Sherman Courthouses unless excused by judge.

For court employees and other tenants of the Sherman Courthouses who are fully vaccinated for COVID-191, the wearing of an appropriate face mask or covering while inside the Sherman Courthouses is required, unless excused from this requirement by the judge;

Applies to

General

Must include

mask requirement

Unvaccinated court employees and tenants must wear masks in Sherman Courthouses unless excused by judge.

For court employees and other tenants of the Sherman Courthouses who are not fully vaccinated, the wearing of an appropriate face mask or covering while inside the Sherman Courthouses is required, unless excused from this requirement by the judge;

Applies to

General

Must include

personal mask supply

All persons except jurors must bring their own masks when entering Sherman Courthouses.

Persons entering the Sherman Courthouses, other than jurors, must supply their own face mask or covering;

Applies to

General

Must include

social distancing

All persons must maintain social distancing and follow staff instructions in Sherman Courthouses.

Each person must maintain appropriate distancing from others in the Sherman Courthouses, to include sitting at the location assigned by a member of the court staff. Each person must follow the instructions of the court staff and Court Security Officers to aid in maintaining distance in the Sherman Courthouses;

Applies to

General

Must include

hand sanitizer use

All persons must use hand sanitizer at front door when entering Sherman Courthouses.

Each person must use the hand sanitizer furnished at the front door upon entering the Sherman Courthouses.

Applies to

Notice of settlement

Upon settlement in principle, parties must promptly file a notice and joint motion to stay all deadlines.

Upon the settlement in principle of a case, the parties must promptly file a notice and joint motion entitled "Notice of settlement and joint motion to stay all deadlines."

Applies to

Notice of settlement

Non-compliant settlement filings will not secure a stay of deadlines or support later requests to reset missed deadlines.

Filings that do not comply with this order, including by failing to state that all matters in controversy have in fact settled, will not secure a stay of existing deadlines or support a later request to reset missed deadlines or amend the scheduling order.

Applies to

Certificate of interested persons

Must include

certificate of interested persons

Certificate of interested persons required at first appearance in civil cases

At the time of a party’s first appearance in any civil or miscellaneous action assigned to the undersigned (including following removal), the party must file as a standalone docket entry a signed certificate of interested persons that contains:

Applies to

Certificate of interested persons

Must include

supplemental certificate

Certificate of interested persons must be supplemented within 10 business days of any changes

A party must supplement its certificate of interested persons within ten business days of any changes to the information filed.

Applies to

Certificate of interested persons

Must include

caption, judge name, case number

Parties must file a certificate of interested persons as a standalone docket entry at first appearance, containing FRCP 7.1(a) information and a complete list of financially interested entities.

At the time of a party's first appearance in any civil or miscellaneous action assigned to the undersigned (including following removal), the party must file as a standalone docket entry a signed certificate of interested persons that contains: All information required by Federal Rule of Civil Procedure 7.1(a); and A complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case.

Applies to

Certificate of interested persons

Parties must supplement their certificate of interested persons within ten business days of any changes.

A party must supplement its certificate of interested persons within ten business days of any changes to the information filed.

Applies to

Brief

Must include

exhibits

Appendices required for non-standard authorities cited in briefs/memoranda/motions.

Any brief, memorandum, or motion that cites authorities not found in the United States Code, United States Supreme Court Reporter, Federal Reporter, Federal Appendix, Federal Supplement, Federal Rules Decisions, Southwestern Reporter, or Vernon’s Revised Texas Statutes and Codes Annotated should have attached as an appendix complete copies of such cases and the relevant portions of other non-case authorities.

Applies to

Motion

Must include

exhibits

Appendices must include referenced affidavits/depositions and have paginated TOC.

Copies of any affidavits, deposition testimony, or other discovery referred to in the motion should also be contained in the appendix. All appendices should contain a paginated table of contents.

Applies to

Entry to courthouse

Must include

certificate of health

Persons who tested positive for COVID-19 within 5 days are prohibited from entering the Courthouse.

Any person who has tested positive for COVID-19 within the prior five (5) days is prohibited from entering the Courthouse during the CDC recommended quarantine and isolation period.

Applies to

Entry to courthouse

Must include

hand sanitizer use

All persons must use hand sanitizer at the front door upon entering the Courthouse.

Each person must use the hand sanitizer furnished at the front door upon enterin the Courthouse;

Applies to

Pleading

Must include

ai disclosure

Parties using AI to draft pleadings must include a Certificate of Generative AI Usage disclosing AI use, verifying accuracy, and certifying no disclosure of confidential information.

If a party utilizes AI to draft or assist in drafting a pleading, the party must include with the pleading a "Certificate of Generative Artificial Intelligence Usage." The certificate must disclose the use of AI and certify that the party has independently verified the accuracy of any portion of the document drafted or assisted by the tool. The party must further certify that the use of AI has not resulted in the disclosure of confidential or privileged information to an unauthorized party.

Applies to

Motion to amend scheduling order

Must include

proposed order

Motions to amend scheduling order must include a proposed scheduling order and follow the format of the most recently entered scheduling order.

A party seeking to amend the scheduling order should file a motion and attach a proposed scheduling order using deadlines that are business days consistent with the bolded instructions on the sample scheduling order form and following the format of the most recently entered scheduling order in that case.

Applies to

Brief

Must include

statement of facts

Briefs and memoranda for summary judgment and other dispositive motions must contain specified items (3), (4), (5), (6), (8), and (9).

With respect to motions for summary judgment and other dispositive motions, all briefs and memoranda must contain items (3), (4), (5), (6), (8), and (9) from the list below.

Applies to

Brief

Must include

table of contents, table of authorities

Briefs or memoranda with more than 10 pages of argument must contain all nine listed items including table of contents, table of authorities, statement of proceeding, undisputed facts list, response to facts, issues statement, argument summary, argument with headings, and conclusion.

Any brief or memorandum that has more than ten (10) pages of argument must contain all the following items listed: (1) A table of contents setting forth the page number of each section, including all headings designated in the body of the brief or memorandum; (2) A table of citations of cases, statutes, rules, treatises, and other authorities, alphabetically arranged; (3) A short statement of the nature and stage of the proceeding; (4) A list of undisputed facts upon which the movant relies to demonstrate entitlement to the relief requested. The list shall contain only material facts that are not in dispute, and each fact shall be enumerated in a separately numbered sentence with reference to the evidentiary record; (5) A response by the opposing party to the movant's claimed undisputed material facts. Each response to the movant's list shall be designated as such and contain a specific numbered reply to each numbered sentence in the movant's list of claimed undisputed facts. The response shall consist of the single word "undisputed," the single word "disputed" followed by a specific reference to the evidentiary record, a short explanatory phrase such as "undisputed but not material," or "undisputed by context clarified in sentence ____ below." If the non-moving party needs more discovery as to a particular fact listed by the movant, such party must state exactly what discovery is required, from whom it is needed, and when the party proposes to complete such discovery. The non-movant may then list any additional material facts which are deemed to require denial of the motion, setting out each fact in a separate sentence with a citation to the evidentiary record; (6) The movant shall clearly set forth a statement of the issues to be ruled upon by the court and a short statement, supported by authority, of the standard of review for each issue. The non-movant need not list these issues in the response but may state other issues, such as affirmative defenses, that would justify denial of the motion; (7) A short summary of the argument; (8) The argument shall be divided under appropriate headings, succinctly setting forth separate points with citations to controlling statutes and/or cases which explain why the court should resolve the issues accordingly; (9) A short conclusion stating the precise relief sought.

Applies to

Joint pretrial order

Joint pretrial order must include motions in limine, deposition designations, proposed charge/interrogatories or proposed findings/conclusions, and must be signed by all counsel.

The joint pretrial order, including motions in limine, deposition designations, and a proposed charge and interrogatories or proposed findings of fact and conclusions of law, shall be filed on or before the date set forth in the scheduling order. Joint pretrial orders must be signed by all counsel.

Applies to

Agreed charge

For jury trials, the agreed charge must have interrogatories placed at the end, and each instruction must include a citation.

Place the proposed interrogatories at the end of the document, after all instructions and definitions. Each requested instruction and definition should be simple, concise, and include a citation to the relevant authority.

Applies to

Joint pretrial order

Joint pretrial order must include motions in limine, deposition designations, and proposed charge or findings; proposed trial exhibits must be exchanged by the same date.

The JOINT PRETRIAL ORDER, including motions in limine, deposition designations, and a proposed charge or proposed findings of fact and conclusions of law, shall be filed and proposed trial exhibits shall be exchanged on or before this date.

Applies to

General

Visitors/guests prohibited from bringing certain items without judicial approval

Visitors and guests to the Courthouse are not per itted to bring any of the following items into the Courthouse without prior approval from a District or Magistrate Judge:

Applies to

General

Liquids, aerosols, gels (including water bottles) prohibited

(a) Liquids, aerosols, or gels. This includes bottles of water.

Applies to

General

Laser lights/pointers prohibited

(b) Laser Lights / Pointers.

Applies to

General

Cigarette lighters prohibited

(c) Cigarette Lighters.

Applies to

General

Vape pens prohibited

(d) Vape pens.

Applies to

Foreign language document

Foreign language documents must be accompanied by an English translation and a legible certification signed by the translator.

Any foreign language document offered by a party in a proceeding shall be accompanied by an English language translation and a certification signed by the translator that must be printed legibly or typed.

Applies to

Oral argument

All attorneys must meet highest professional standards and be adequately prepared.

All attorneys, including Newer Attorneys, will be held to the highest professional standards. Relatedly, all attorneys appearing in court are expected to be adequately prepared and thoroughly familiar with the factual record and the applicable law, and to have a degree of authority commensurate with the proceeding.

Applies to

General

Visitors/guests prohibited from bringing certain items to courthouse without judicial approval

Visitors and guests to the Courthouse are not per itted to bring any of the following items into the Courthouse without prior approval from a District or Magistrate Judge:

Applies to

Notice of readiness

Must include

related cases, pending motions

Plaintiff must submit a Notice of readiness for initial Case Management Conference after all defendants respond; any defendant may submit if plaintiff delays.

In all patent cases pending before the undersigned, when all defendants have responded to the initial pleadings (whether by Answer or Motion), the plaintiff shall inform the Court that the case is ready for an initial Case Management Conference by submitting a Notice that shall also identify (1) any pending motions, and (2) any related cases in this District. If the plaintiff does not submit such Notice within a reasonable time, any defendant is free to submit the Notice.

Applies to

Mock jury study

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

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:

Applies to

Mock jury study

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

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

Applies to

Notice of readiness

Must include

judge name, case number, certificate of service

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.

Applies to

Mock jury study

Must include

certificate of service

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.

Applies to

Mock jury study

Must include

certificate of service

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.

Applies to

Mock jury study

Must include

certificate of service

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

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.

Applies to

Dismissal request

Must include

proposed order

Any Rule 41 dismissal request must include a proposed 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.

Applies to

Proposed order

Must include

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.

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.

Applies to

Final judgment

Must include

proposed order

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

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

Applies to

Final judgment

Must include

proposed order

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.

Applies to

Motion for bill of costs

Motion for Bill of Costs must indicate areas of disagreement with specificity.

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.

Applies to

Joint motion to stay

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.

Applies to

Notice of settlement

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.

Applies to

Motion to seal

Must include

certificate of conference

Sealing requests must demonstrate sensitivity outweighing public access and include a certificate of conference.

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.

Applies to

Post disclosure sealing request

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.

Applies to

Motion to seal

Must include

certificate of conference

Sealing motions must demonstrate compelling reasons and that parties met and conferred 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.

Applies to

Jury investigation

Must include

local rule certificate

Prohibits vexatious or harassing investigation of jurors

All attorneys, parties, and their respective employees and agents, including jury consultants, are prohibited from conducting or causing another to conduct a 'vexatious or harassing' investigation of any juror or potential juror.

Applies to

Jury investigation

Must include

local rule certificate

Requires notifying relevant parties of this order 30 days before jury selection

counsel in every case shall ensure that the following are made aware of this Order and its prohibitions not later than 30 days prior to jury selection:

Applies to

Motion

Must include

certificate of conference

Requests to seal must demonstrate that the information's sensitivity outweighs the presumption of public access and that parties have conferred to minimize sealing.

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.

Applies to

Motion

Post-disclosure sealing requests must show good cause for not requesting earlier, except for Rule 5.2(a) redactions.

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.

Applies to

Dismissal papers

Dismissal papers must be styled as one of three specified types and cannot be filed as a mere 'Notice'.

the parties shall file such dismissal papers styled as one of the following: 1) a Motion to Dismiss Pursuant to Rule 41(a)(2), with an accompanying proposed Order; or 2) a Stipulation of Dismissal Pursuant to Rule 41(a)(1)(A)(ii), signed by all parties who have appeared; or 3) a Notice of Dismissal Pursuant to Rule 41(a)(1)(A)(i)¸ in which the plaintiff affirmatively represents that the defendant has not served upon the plaintiff either an answer or a motion for summary judgment. Such parties shall not, under any circumstances, file their attempt at dismissal styled merely as a “Notice.”

Applies to

Motion to dismiss rule 41 a 2

Must include

proposed order

A Motion to Dismiss under Rule 41(a)(2) must include a proposed order.

a Motion to Dismiss Pursuant to Rule 41(a)(2), with an accompanying proposed Order

Applies to

Notice of readiness for scheduling conference

Plaintiff must file a notice of readiness for scheduling conference within five days of last defendant's answer or motion, including list of pending motions; patent cases require additional content.

The Court ORDERS the Plaintiff in each civil 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 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.

Applies to

Claim construction briefing

Live witness testimony at claim construction hearings is prohibited without prior leave; otherwise, witness testimony must be submitted via exhibits (sworn declarations) attached to claim construction briefing.

without prior leave of this Court permitting a party to call witnesses as a part of any claim construction hearing (in person or by deposition), such live testimony will not be permitted at claim construction hearings before this Court. Without such leave, witness testimony for the purposes of claim construction shall be submitted solely by way of exhibits, such as sworn declarations, attached to a party's claim construction briefing.

Applies to

Motion

A motion for leave to call live witnesses at claim construction hearings must show good cause in detail and be filed timely to avoid surprise or hardship.

Leave to call live witnesses at claim construction hearings before this Court may be sought—by a party that has otherwise complied with the Court's rules—by filing a motion supported by a clear showing of good cause presented in detail. Such motions must also be filed in a timely manner that do not work a surprise or hardship upon opposing parties, their counsel, or the Court.

Applies to

Joint pretrial order

Parties must file an exhibit to the Joint Pretrial Order listing lead-case docket entries for the member case going to trial.

the Parties shall file an exhibit to their Joint Pretrial Order setting forth a list identifying all docket entries from the lead case that relate to the specific member case which is proceeding to trial.

Applies to

Proposed docket control order

Proposed docket control orders must include specific language in the Joint Pretrial Order section.

All future submissions of proposed docket control orders in such consolidated cases, either initial or amended, shall include the following amended language (in bold, italicized font below) in the section thereof entitled 'Joint Pretrial Order':

Applies to

Joint pretrial order

Joint Pretrial Order must contain detailed contentions from plaintiff and defendant regarding infringement and invalidity.

In the contentions of the Parties included in the Joint Pretrial Order, the Plaintiff shall specify all allegedly infringed claims that will be asserted at trial. The Plaintiff shall also specify the nature of each theory of infringement, including under which subsections of 35 U.S.C. § 271 it alleges infringement, and whether the Plaintiff alleges divided infringement or infringement under the doctrine of equivalents. Each Defendant shall indicate the nature of each theory of invalidity, including invalidity for anticipation, obviousness, subject-matter eligibility, written description, enablement, or any other basis for invalidity. The Defendant shall also specify each prior art reference or combination of references upon which the Defendant shall rely at trial, with respect to each theory of invalidity.

Applies to

Motion

Pre-Markman § 101 motions must include a signed Certificate of Compliance with checkboxes indicating agreement or disagreement on need for claim construction.

parties seeking to file pre-Markman hearing dispositive motions under 35 U.S.C. § 101 (that is: prior to entry of the Court’s claim construction order) shall include, as a part of such motions, the following certification, completed and signed as follows and as may be appropriate in such case: CERTIFICATE OF COMPLIANCE WITH THE COURT’S 35 U.S.C. § 101 MOTION PRACTICE ORDER _____ The parties agree that prior claim construction is not needed to inform the Court’s analysis as to patentability. _____ The parties disagree on whether prior claim construction is not needed to inform the Court’s analysis as to patentability. /S/ Lead Counsel for Movant

Applies to

Joint letter

If certification reflects disagreement, parties must submit a joint letter within 10 days of filing the § 101 motion, setting forth specifics of disagreement.

To the extent such certification reflects disagreement, the parties shall submit a joint letter containing not more than two (2) pages from each side (four pages total) to the Court within ten (10) days from the filing of the § 101 motion, setting forth their respective specifics surrounding such disagreement, including, in particular, any claim terms that the respondent believes need to be construed, why such is needed, and what intrinsic references support such position.

Applies to

Joint motion to stay all deadlines and notice of settlement

Parties must jointly file a 'Joint Motion To Stay All Deadlines and Notice of Settlement' promptly upon settlement, stating that all matters are settled and requesting a stay of deadlines.

promptly upon the settlement in principle of any case pending before this Court, whether such settlement is reached by formal mediation, privately between the parties or otherwise, 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 affirmatively state that all matters in controversy between the parties have been settled, in principle, and shall request that the Court stay for some specific and reasonable period of time 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.

Applies to

Motion for bill of costs

If parties cannot agree on bill of costs, they must file a motion specifying areas of disagreement.

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.

Applies to

Formal notice

Must include

judge name, case number

Parties must file notice within 3 days of learning of relevant determinations from related proceedings

IT IS ORDERED THAT, once a party in a case presently before this Court becomes aware of a determination elsewhere from a related proceeding by an adjudicating body that the party reasonably believes is materially relevant to a pending motion before this Court, that party shall promptly provide notice of such relevant determination and identification of the related motion(s) by filing a formal notice with the Court within three (3) days.

Applies to

Motion to seal

Three-document filing requirement for seal motions

A movant seeking leave to file materials under seal must file three documents, separately and in the following order:

Applies to

Motion to seal

Must include

caption, judge name, case number

Motion to seal must include document-by-document balancing and list each proposed redaction

1. Motion to seal (filed under seal). The motion must address the legal standard governing motions to seal, as summarized in Section A above. That is to say, it must include a document-by-document, line-by-line balancing of the public's common law right of access against the interests favoring nondisclosure. In so doing, the motion should list each separate proposed redaction—i.e., each discrete span of text or other material that the movant seeks to redact—and demonstrate that redaction of such material is authorized under controlling precedent.

Applies to

Sealed document

Must include

caption, judge name, case number

Must file sealed, unredacted version of document(s) at time of seal motion filing

2. Sealed, unredacted version of the document(s) sought to be sealed. At the time the seal motion is filed, the movant should separately file, under seal, an unredacted version of the document(s) sought to be sealed.

Applies to

Redacted document

Must include

caption, judge name, case number

Must file public, redacted copy at time of seal motion filing with redactions corresponding to seal motion

3. Public (non-sealed), redacted copy of the document(s) sought to be sealed. At the time the seal motion is filed, the movant should also separately file a redacted version of the document(s) sought to be sealed. Only that material alleged to be sealable should be redacted. Each redaction must correspond to the listed items in the seal motion.

Applies to

Motion to seal

Must include

caption, judge name, case number

Order supersedes local rule for sealed documents; non-compliance results in denial and striking

This Order supersedes Local Rule CV-5(a)(7)(E) for the filing of any sealed document in this Court. A movant's failure to address and comply with the legal standard governing motions to seal, as summarized in Section A above, will result in the motion to seal being denied and the sealed document(s) being stricken.

Applies to

Consent form

Must include

consent form

Prisoner civil rights cases in Sherman Division are randomly assigned to magistrate judges at filing.

Effective February 1, 2025, and notwithstanding other case assignment orders of this Court, the Clerk will randomly assign, at the time of filing, each prisoner civil rights case filed in the Sherman Division to a magistrate judge in the Sherman Division to serve as presiding judge and send each party a form to consent to proceed before the magistrate judge upon the party’s appearance in the case.

Applies to

Brief

Brief must include numbered statement of exact issues presented for review

A statement of the exact issues presented for review, set forth in separate numbered paragraphs.

Applies to

Brief

Brief must include statement of case with facts, age, education, work experience, medical evidence, and page citations

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.

Applies to

Brief

Brief must include argument with specific record citations and jurisdictional case citations

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.

Applies to

Security policy

Visitors must get prior judicial approval to bring prohibited items into courthouse

Visitors and guests to the Courthouse are not per itted to bring any of the following items into the Courthouse without prior approval from a District or Magistrate Judge:

Applies to

Security policy

Liquids, aerosols, gels (including water bottles) prohibited without judicial approval

(a) Liquids, aerosols, or gels. This includes bottles of water.

Applies to

Security policy

Laser lights/pointers prohibited without judicial approval

(b) Laser Lights / Pointers.

Applies to

Security policy

Cigarette lighters prohibited without judicial approval

(c) Cigarette Lighters.

Applies to

Entry

Must include

sanitization

All persons must use hand sanitizer upon entering the Courthouse.

Each person must use the hand sanitizer furnished at the front door upon enterin the Courthouse;

Applies to

Brief

Brief must include short conclusion stating relief sought; issues not discussed at oral argument are abandoned

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.

Applies to

Security policy

Vape pens prohibited without judicial approval

(d) Vape pens.

Applies to

Security policy

Impaneled jurors may check electronic devices into Clerk's Office during breaks

With respect to electronic communication devices, in addition to the restrictions provided in General Order 18-6, impaneled petit and grand jurors may check such devices into the Clerk s Office and access them during breaks in the judicial proceedings.

Applies to

Joint pretrial order

The trial paragraph must state whether trial will be jury or non-jury.

Include in this paragraph the following: (a) Whether trial will be jury or non-jury;

Applies to

Deposition

Counsel must provide the court administrator with two copies of each deposition to be used at trial, with relevant portions highlighted.

Before trial, counsel must provide the court administrator with two copies of any deposition to be used at trial with the relevant portions highlighted.

Applies to

Memorandum of authorities

Memoranda of authorities must be filed to address each contested issue of law that affects the case.

MEMORANDA OF AUTHORITIES MUST BE FILED TO ADDRESS EACH OF THE ISSUES THAT AFFECT THE CASE.

Applies to

Video deposition

Video depositions are permitted only if edited to remove sidebar remarks and testimony with sustained objections.

Use of video depositions is permitted if they are edited to remove sidebar remarks and testimony to which objections are sustained.

Applies to

Witness list

Counsel must submit two copies of the witness list as part of the joint pretrial order, with witnesses in order and estimated examination time, on the prescribed form.

Counsel shall submit as part of the joint pretrial order two (2) copies of the party’s witness list, listing the witnesses in the order in which they will be called and stating the estimated time for examination, on a form substantially similar to that attached.

Applies to

Joint pretrial order

Each counsel must attach two copies of an exhibit list to the joint pretrial order.

Each counsel shall attach to the joint pretrial order two (2) copies of a list on a form substantially similar to that attached of all exhibits expected to be offered.

Applies to

Exhibits

Exhibits must be made available for examination by opposing counsel by the pretrial order due date.

Counsel shall make the exhibits available for examination by opposing counsel on or before the date the joint pretrial order is due.

Applies to

Exhibit authentication

Authentication objections must be made in writing within 3 business days after exhibit is made available; failure to object concedes authenticity.

All counsel requiring authentication of an exhibit must notify the offering counsel in writing within three (3) business days after the exhibit is made available. Failure to object in writing concedes authenticity.

Applies to

Exhibit objection

Written objections to exhibits with supporting authorities must be filed by the scheduling order deadline; objections must include copies of disputed exhibit and relevant authority.

The court will admit into evidence all exhibits listed in the final pretrial order unless opposing counsel files written objections with authorities by the date set forth in the scheduling order. The filing should include copies of the disputed exhibit and relevant authority.

Applies to

Joint pretrial order

The contested issues of law section must briefly state the disputed issues of law.

State briefly the disputed issues of law.

Applies to

Joint pretrial order

Each counsel must attach two copies of a witness list with names, addresses, order of appearance, subject matter, and estimated examination time.

Each counsel shall attach two (2) copies of a list in a form substantially similar to that attached setting forth the names and addresses of each witness (not counsel’s address) who will or may be called at trial in the order of his or her appearance, including a brief statement of the subject matter and substance of his or her testimony, as well as the estimated time for his or her examination.

Applies to

Expert witness

Counsel must submit a written summary of each expert witness's qualifications.

Counsel shall submit a written summary of the qualifications of each expert witness.

Applies to

Joint pretrial order

The witness section must include a statement about reporting additional witnesses and the exception for rebuttal/impeachment witnesses.

Include in this section the following statement: In the event there are any other witnesses to be called at the trial, their names, addresses, and the subject matter of their testimony shall be reported to opposing counsel as soon as they are known. This restriction shall not apply to rebuttal or impeachment witnesses, the necessity of whose testimony cannot reasonably be anticipated before the time of trial.

Applies to

Witness list

Deposition designations must cite pages and lines; objections with supporting authority must be filed by scheduling order deadline.

If a witness is to appear by deposition, cite the inclusive pages and lines to be read. Objections to those portions (citing pages and lines) with supporting authority shall be filed by the date set forth in the scheduling order.

Applies to

Joint pretrial order

The settlement section must include status of negotiations, whether efforts exhausted, current demand and offer, and likelihood of settlement.

Include a statement as to the status of settlement negotiations, and, if applicable, that all settlement efforts have been exhausted. State the current settlement demand and offer and whether the case can reasonably be expected to settle.

Applies to

Joint pretrial order

The appearance of counsel section must list parties, counsel, addresses, email, and phone numbers in separate paragraphs.

List the parties, their respective counsel, and the physical addresses, email address, and telephone numbers, including cell phone numbers, of counsel in separate paragraphs.

Applies to

Joint pretrial order

The statement of the case must be brief, include names, dates, places, and not exceed one paragraph per party.

Give a brief statement of the case to inform the court and/or jury of the salient facts, which the court may read to the jury panel to ascertain whether any panelists are familiar with the facts or parties involved in the case. Include names, dates, and places. The statement should not exceed one paragraph per party.

Applies to

Joint pretrial order

The jurisdiction section must state the basis for subject matter and personal jurisdiction, and note any unresolved questions.

Briefly set out why the court has full and complete jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state the problem.

Applies to

Joint pretrial order

The motions section must list any pending motions.

List any pending motions.

Applies to

Joint pretrial order

The contentions section must state each party's claims concisely in separate paragraphs.

State concisely in separate paragraphs what each party claims.

Applies to

Joint pretrial order

The admissions of fact section must list all facts that require no proof.

List all facts that require no proof.

Applies to

Joint pretrial order

The contested issues of fact section must list all facts in controversy necessary for disposition.

List all facts in controversy necessary to the final disposition of the case.

Applies to

Joint pretrial order

The agreed propositions of law section must state undisputed legal principles.

State the legal principles governing this case that are not in dispute.

Applies to

Exhibit list

The exhibit list must include every exhibit a party intends to offer into evidence.

The exhibit list shall contain all exhibits that the parties intend to offer for admission into evidence.

Applies to

Exhibit

Any exhibit produced with Bates numbering must list its Bates number.

Any exhibits that have been produced by bates number must also include the bates number.

Applies to

Exhibit list

The exhibit list must also include items intended only for demonstrative use.

This list shall also include any documents or things the parties intend to use for demonstrative purposes.

Applies to

Demonstrative

Demonstrative items that are not admitted into evidence must still be disclosed.

These are items that will not be entered into evidence, but will be used in the course of trial for demonstrative purposes and must be disclosed.

Applies to

Filing

Must include

ai disclosure, local rule certificate

All filings must include a Certificate of Generative Artificial Intelligence Usage with specified disclosures and accuracy certification.

any party, whether appearing pro se or through counsel, must include with all filings a “Certificate of Generative Artificial Intelligence Usage” that discloses: (1) “generative artificial intelligence”2 was used (or not used); (2) the specific tool the party used; (3) how the party used the tool in preparing the relevant document; and (4) that the party certifies they have checked the accuracy of any portion of the document drafted or assisted by the tool, including all factual and procedural background, citations, and legal authority.

Applies to

Sealed filing

Any party filing a sealed document must follow Local Rule CV-5(a)(7).

Any party who wishes to file a sealed document must comply with the requirements of Local Rule CV-5(a)(7).

Applies to

Sealed filing

Must include

certificate of service

A sealed filing must include a certificate of service identifying either a corresponding sealing motion or the specific authorizing court order.

Pursuant to L.R. CV-5(a)(7)(B), the sealed filing must include a certificate of service by counsel that clearly identifies either (1) a corresponding motion to file under seal; or, (2) if no motion to seal has been filed, the specific order of the Court that provides the authorization to file under seal.

Applies to

Sealed filing

A party cannot rely on a generic protective-order statement and must identify the specific sealing order by docket number and relevant page or paragraph.

Simply stating that a motion is being filed under seal pursuant to the Court’s Protective Order is insufficient. Parties must specifically identify the order granting authority to file under seal by Docket Number and point to the specific provisions (page or paragraph numbers) that provide for the sealing of the document in question.

Applies to

Sealed attachment

Must include

certificate of service

Documents containing proprietary information must be separately filed under seal with a compliant certificate of service.

A party seeking to attach a document or documents that contain proprietary information to be sealed must separately file those documents and include a certificate of service that complies with L.R. CV-5(a)(7).

Applies to

Motion to seal

A sealing request must show both substantial harm from disclosure and a good-faith meet-and-confer to minimize sealing at hearing or trial.

In making a request to seal, the requesting party must demonstrate: (1) 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 (2) 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/or the courtroom.

Applies to

Motion to seal

Post-disclosure sealing or redaction requests must satisfy prior requirements and show good cause for not moving earlier, except for Fed. R. Civ. P. 5.2(a) redactions.

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

Applies to

All filings

Must include

ai disclosure

Violations of AI disclosure requirements may result in sanctions under Rule 11, including monetary sanctions.

If the court has good reason to suspect that a filing has relied on generative artificial intelligence in violation of this Standing Order, and the party has not reasonably dispelled of the court’s concerns, such violation may result in the imposition of appropriate sanctions under Federal Rule of Civil Procedure 11, including monetary sanctions.

Applies to

All filings

Must include

ai disclosure

Attorneys and pro se litigants are responsible for AI-assisted filings under Rule 11 and professional conduct rules.

If generative artificial intelligence is utilized in the preparation of any documents filed with the court, the attorney or pro se litigant will be held responsible for the contents thereof under Federal Rule of Civil Procedure 11 and applicable rules of professional conduct and attorney discipline.

Applies to

All filings

Must include

ai disclosure

All filings must include Certificate of Generative Artificial Intelligence Usage disclosing AI use, tool, purpose, and accuracy verification.

Consistent with Federal Rule of Civil Procedure 11(b), and the certifications required thereunder, any party, whether appearing pro se or through counsel, must include with all filings a “Certificate of Generative Artificial Intelligence Usage” that discloses: (1) “generative artificial intelligence”2 was used (or not used); (2) the specific tool the party used; (3) how the party used the tool in preparing the relevant document; and (4) that the party certifies they have checked the accuracy of any portion of the document drafted or assisted by the tool, including all factual and procedural background, citations, and legal authority.

Applies to

Exhibit list

Exhibit lists must include all exhibits intended for admission into evidence.

The exhibit list shall contain all exhibits that the parties intend to offer for admission into evidence.

Applies to

Exhibit list

Exhibits must be labeled as Plaintiff's or Defendant's exhibits (PX-1, DX-1).

Those exhibits should be appropriately labeled as Plaintiff’s or Defendant’s exhibits, e.g., PX-1, DX-1.

Applies to

Exhibit list

Bates-numbered exhibits must include the bates number.

Any exhibits that have been produced by bates number must also include the bates number.

Applies to

Exhibit list

Physical exhibits must be listed and designated (PPX-1, DPX-1).

Any physical exhibits that the parties intend to offer into evidence should also be listed and designated as such, e.g., PPX-1, DPX-1.

Applies to

Exhibit list

Demonstrative materials must be included in the exhibit list.

This list shall also include any documents or things the parties intend to use for demonstrative purposes.

Applies to

Exhibit list

Demonstrative items must be disclosed even though not entered into evidence.

These are items that will not be entered into evidence, but will be used in the course of trial for demonstrative purposes and must be disclosed.

Applies to

Exhibit list

Demonstrative exhibits must be labeled (PDX-1, DDX-1).

They should be labeled and designated as such, e.g., PDX-1, DDX-1.

Applies to

Exhibit list

Placeholders for demonstratives must be included in the exhibit list.

The parties are not required to have prepared or exchanged demonstratives at this time; however, the list should include placeholders for all intended demonstratives.

Applies to

Exhibit list

Prepared demonstratives must be exchanged and included in the exhibit list.

To the extent a demonstrative has been prepared, or the party is aware of its intent to use a particular document for demonstrative purposes only, those items should be exchanged, appropriately identified, and included in the exhibit list.

Applies to

Brief

Briefs in social security actions must include a statement of issues, a statement of the case with facts supported by record references, an argument with citations and specific rules for remand, a conclusion, and individually numbered pages.

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.

Applies to

Motion to modify docket control order

Must include

proposed order

A complete Proposed Docket Control Order must be re-filed with any motion to modify/amend a Docket Control Order, showing modified deadlines in brackets above the current deadlines.

In cases before the Honorable John D. Love, parties shall re-file a complete Proposed Docket Control Order in every instance where a motion to modify / amend a Docket Control Order is to be considered by the Court. The amended Docket Control Order shall incorporate the modified deadlines in addition to the deadlines that remain unchanged. Each proposed modified deadline should be entered above the corresponding current deadline, within the same cell as the corresponding current deadline. The modified deadline should be placed between brackets (i.e. "[" and "]"), but should otherwise be in a font and format identical to the current deadline.

Applies to

Answer

Must include

certificate section

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

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."

Applies to

Courtroom procedure

Must include

stand when addressing court, use podium unless permission

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

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.

Applies to

Courtroom procedure

Must include

stand when jury enters leaves

Stand when jury enters or leaves courtroom.

Please stand when the jury enters or leaves the courtroom.

Applies to

Objection

Must include

no argument, state basis only, state objection only

Speaking objections prohibited; state objection and basis only.

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.@

Applies to

Amended docket control order

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.

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.

Applies to

Brief

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

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.

Required

Always

Applies to

Mock jury study notification

Must include

judge name, case number, certificate of service

Parties must notify court in writing at least 10 days before pre-trial conference if mock jury study conducted.

That is cases in which such a study has been conducted, the following procedures shall apply: The party or parties who commission the study shall retain, to the extent practicable, the name and address of each participant in the study. If the case is not disposed of by settlement or otherwise, the court, in writing, that such a study occurred. Such notice shall be provided at least ten (10) days before the pre-trial conference.

Required

Always

Applies to

Jury list cross reference

Must include

judge name, case number, certificate of service

Parties must cross-reference jury list with mock jury participants and notify court.

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.

Required

Always

Applies to

Mock jury participant list

Must include

judge name, case number, certificate of service

Parties must provide mock jury participant names/addresses to court in camera before jury selection.

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.

Applies to

Notice

Notice required for daily transcript or real-time reporting requests.

If a daily transcript or real time reporting of court proceedings is requested for trial, the party or parties making said request shall file a notice with the Court and e-mail the Court Reporter, Shawn McRoberts, at shawn_mcroberts@txed.uscourts.gov.

Applies to

Notice

Parties must meet and confer on motions in limine and report agreements 3 business days before pretrial conference.

The parties are ordered to meet and confer on any outstanding objections or motions in limine. The parties shall advise the Court of any agreements reached no later than 1:00 p.m. three (3) business days before the pretrial conference.

Applies to

Juror questionnaire

Editable juror questionnaire must be jointly submitted to Deputy Clerk.

If a juror questionnaire is to be used, an editable (in Microsoft Word format) questionnaire shall be jointly submitted to the Deputy Clerk in Charge by this date.

Applies to

Motion

Must include

local rule certificate

Motions must comply with Local Rules CV-56 and CV-7.

Motions shall comply with Local Rule CV-56 and Local Rule CV-7.

Applies to

Deposition

Must include

edited version

Depositions must be edited to exclude unnecessary, repetitious, and irrelevant testimony.

All depositions to be read into evidence as part of the parties’ case-in-chief shall be EDITED so as to exclude all unnecessary, repetitious, and irrelevant testimony; ONLY those portions which are relevant to the issues in controversy shall be read into evidence.

Applies to

Trial appearance

Must include

in person appearance, designated representative

All parties must appear in person at trial; non-individual parties must have designated representative.

All parties must appear in person at trial. All non-individual (including but not limited to corporate) parties must appear at trial through the presence in person of a designated representative. Once they have appeared, any representative of a non-individual party shall not be replaced or substituted without express leave of Court.

Applies to

Joint rule 26f report

Must include

case synopsis, e discovery issues, mediation proposals +4 more

Joint Rule 26(f) conference report must include 7 specific items including case synopsis, jurisdiction, disclosures, scheduling, mediation, depositions, and e-discovery.

The parties must include the following matters in the joint conference report: 1. A brief factual and legal synopsis of the case. 2. The jurisdictional basis for this suit. 3. Confirm that initial mandatory disclosures required by Rule 26(a)(1) and this Order have been completed. 4. Proposed scheduling order deadlines. Appendix 1 has the standard deadlines. Explain any deviations from standard schedule. Now is the time to inform the court of any special complexities or need for more time before the trial setting. The standard schedule is planned so that there is time to rule on dispositive motions before parties begin final trial preparation. 5. If the parties agree that mediation is appropriate, and the parties can agree upon a mediator, the name, address, and phone number of that mediator, and a proposed deadline should be stated. An early date is encouraged to reduce expenses. The court may appoint a mediator upon request. 6. The identity of persons expected to be deposed. 7. Any issues relating to disclosure or discovery of electronically stored information, including the form or forms in which it should be produced.

Applies to

Evidence

Failure to disclose evidence timely bars its use at trial or in motions unless harmless.

A party that fails to timely disclose such information will not, unless such failure is harmless, be permitted to use such evidence at trial, at a hearing, or in support of a motion.

Applies to

Rule 26f conference

Must include

settlement discussion, magistrate judge consent

Counsel must discuss settlement options and magistrate judge consent before Rule 26(f) conference.

Before commencing the Rule 26(f) conference, counsel must discuss settlement options with their clients, including whether an offer or demand should be made at the Rule 26(f) attorney conference. Counsel should also inquire whether their clients are amenable to trial before a United States magistrate judge. Parties willing to consent should file the appropriate form electronically (see form on Eastern District of Texas website) as soon as possible, so that the case can be reset for management conference before the magistrate judge to whom the case is assigned.

Applies to

Motion

Must include

affidavits, supporting documents

Attach affidavits/supporting documents to motions; use labeled tabs on courtesy copies.

Local Rule CV-7 requires you to attach affidavits and other supporting documents to the motion or response. Labeled tabs on the attachments to the courtesy copy will make it easier to find them.

Applies to

Initial disclosure

Must include

potential parties, correct names of parties, records or authorizations +2 more

Initial disclosures due 10 days after Rule 26 conference deadline.

Initial mandatory disclosures pursuant to Rule 26(a)(1) shall be completed not later than ten days after the deadline for the Rule 26 attorney conference and shall include the following:

Applies to

Service

Defendants not served within 90 days of complaint filing shall be dismissed without notice unless good cause shown.

Any defendant who has not been served with the summons and complaint within ninety days after the filing of the complaint shall be dismissed, without further notice, unless prior to such time the party on whose behalf such service is required shows good cause why service has not been made. See FED. R. CIV. P. 4(m).

Applies to

Complaint

All parties must be named in complaint; fictitious parties are dismissed without prejudice.

The name of every party shall be set out in the complaint. See FED. R. CIV. P. 10(a). The use of fictitious names is disfavored by federal courts. Doe v. Blue Cross & Blue Shield, 112 F.3d 869 (7th Cir. 1997). It is hereby ORDERED that this action be DISMISSED as to all fictitious parties. Dismissal is without prejudice to the right of any party to take advantage of the provisions of Federal Rule of Civil Procedure 15(c).

Applies to

Scheduling order

Must include

certificate of service, local rule certificate, certificate of conference

Parties must comply with all deadlines regardless of pending motions, incomplete investigation, or other parties' non-compliance.

Attorneys and pro se litigants who appear in this court must comply with the deadlines set forth in the Federal Rules of Civil Procedure, the Local Rules for the Eastern District of Texas and this order. A party is not excused from the requirements of a Rule or scheduling order by virtue of the fact that dispositive motions are pending, the party has not completed its investigation, the party challenges the sufficiency of the opposing party’s disclosure, or because another party has failed to comply with this Order or the rules.

Applies to

Scheduling order

Must include

certificate of service, local rule certificate, certificate of conference

Non-compliance with rules may result in evidence exclusion or sanctions.

Failure to comply with relevant provisions of the Local Rules, the Federal Rules of Civil Procedure, or this order may result in the exclusion of evidence at trial, the imposition of sanctions by the court, or both. Counsel are reminded of Local Rule AT-3, particularly AT-3(I) & (J).

Applies to

Participant list

Must include

judge name, case number

Parties must retain participant names/addresses and provide them to court in camera at least 10 days before final pre-trial conference if case proceeds.

The party or parties who commission the study shall retain the name and address of each participant in the study. If the case is not disposed of by settlement or otherwise, the party or parties who commissioned the study shall supply to the court, in camera, the name and address of each citizen participant in the study at least ten days prior to the final pre-trial conference.

Applies to

Joint report

Joint conference report must include factual synopsis, jurisdictional basis, disclosure confirmation, proposed deadlines, mediation info, deposition identities, and ESI issues.

The parties must include the following matters in the joint conference report: 1. A brief factual and legal synopsis of the case. 2. The jurisdictional basis for this suit. 3. Confirm that initial mandatory disclosures required by Rule 26(a)(1) and this Order have been completed. 4. Proposed scheduling order deadlines. Appendix 1 has the standard deadlines. Explain any deviations from standard schedule. Now is the time to inform the court of any special complexities or need for more time before the trial setting. The standard schedule is planned so that there is time to rule on dispositive motions before parties begin final trial preparation. 5. If the parties agree that mediation is appropriate, and the parties can agree upon a mediator, the name, address, and phone number of that mediator, and a proposed deadline should be stated. An early date is encouraged to reduce expenses. The court may appoint a mediator upon request. 6. The identity of persons expected to be deposed. 7. Any issues relating to disclosure or discovery of electronically stored information, including the form or forms in which it should be produced.

Applies to

Complaint

Must include

caption

The complaint must include the name of every party.

The name of every party shall be set out in the complaint. See FED. R. CIV. P. 10(a).

Applies to

Motion to strike expert

Objections to expert witnesses must be made by a motion to strike or limit and must include a copy of the expert's report.

Objections shall be made by a motion to strike or limit expert testimony and shall be accompanied by a copy of the expert's report in order to provide the court with all the information necessary to make a ruling on any objection.

Applies to

Court submission

Must include

deposition copy

Court requires deposition copy for ruling

The court needs a copy of the pertinent deposition to rule on any objection.

Applies to

Video deposition designation

Must include

line page numbers

Video deposition designations with 7-day response period

Each party who proposes to offer a deposition by video shall serve on all other parties a disclosure identifying the line and page numbers to be offered. All other parties will have seven calendar days to serve a response with any objections and requesting line and page numbers to be included in the video.

Applies to

Video deposition

Must include

final edited video

Initial video designation party prepares final edited video

The party who filed the initial video designation is responsible for preparation of the final edited video in accordance with all parties’ designations, and the rulings on objections.

Applies to

Deposition objection

Must include

unresolved objections

File unresolved deposition objections

File unresolved objections to oral and video deposition extracts.

Applies to

Court notification

Must include

resolved issues

Parties must notify court of resolved issues

The parties shall notify the court of all the issues which are resolved.

Applies to

Exhibit

If a previously undesignated exhibit is presented at a hearing, the attorney must promptly file it in CM-ECF as an addendum to the Exhibit List.

Attorneys should note that if the Court permits the presentation of a previously undesignated exhibit, the sponsoring attorney shall promptly (post-hearing) file the additional exhibit in CM-ECF as an addendum to its Exhibit List so that it may be added to the Court record.

Applies to

Motion

Motions referencing affidavits, depositions, or discovery must include copies in appendix with paginated table of contents.

Copies of any affidavits, deposition testimony, or other discovery referred to in the motion should also be contained in the appendix. All appendices should contain a paginated table of contents.

Applies to

Brief

Must include

caption

Briefs citing authorities not in standard reporters must attach complete copies as an appendix.

Any brief, memorandum, or motion that cites authorities not found in the United States Code, United States Supreme Court Reporter, Federal Reporter, Federal Appendix, Federal Supplement, Federal Rules Decisions, Southwestern Reporter, or Vernon's Revised Texas Statutes and Codes Annotated should have attached as an appendix complete copies of such cases and the relevant portions of other non-case authorities.

Applies to

Letter

In minor plaintiff cases, counsel must send a letter to the court administrator requesting a settlement conference.

With the motion for appointment, counsel will notify the court administrator by letter requesting a settlement conference.

Applies to

Proposed final judgment

Prior to settlement conference, counsel must provide a copy of the proposed final judgment.

Prior to the conference, counsel shall furnish the court a copy of the proposed final judgment and any additional information that counsel feel might be helpful to the court in approving the settlement.

Applies to

Exhibit

Foreign language exhibits must include an English translation and a signed translator certification.

Any foreign language document offered by a party shall be accompanied by an English language translation and a certification signed by the translator that must be printed legibly or typed. Such certification must include a statement that the translator is competent to translate the document, and that the translation is true and accurate to the best of the translator's knowledge.

Applies to

Joint pretrial order

Counsel must attach an exhibit list to the joint pretrial order and submit a final revised list to the court administrator before the final pretrial conference.

Counsel shall attach to the joint pretrial order a list of all exhibits to be offered on a form substantially similar to that attached and shall submit to the court administrator prior to the final pretrial conference a final revised list of exhibits to be offered.

Applies to

Witness list

Witness list must list witnesses in order of calling and state estimated examination time, on a form substantially similar to the attached form.

Counsel shall submit as part of the joint pretrial order a copy of the party's witness list, listing the witnesses in the order in which they will be called and stating the estimated time for examination, on a form substantially similar to that attached.

Applies to

Joint status report

If no motions are pending at motion cut-off, parties must file a joint status report by that date.

If no motions are pending at the time of the Motion Cut-Off deadline, the parties shall submit a joint status report by this date.

Applies to

Expert witness summary

A written summary of expert witness qualifications must be submitted.

Counsel shall submit a written summary of the qualifications of each expert witness.

Applies to

Pretrial order

The pretrial order must include a specific statement about additional witnesses.

Include in this section the following statement: In the event there are any other witnesses to be called at the trial, their names, addresses, and the subject matter of their testimony shall be reported to opposing counsel as soon as they are known. This restriction shall not apply to rebuttal or impeachment witnesses, the necessity of whose testimony cannot reasonably be anticipated before the time of trial.

Applies to

General

Court employees and building tenants exempt from prohibited items policy

Court employees and other building tenants are exempt from this policy.

Applies to

Voir dire

Voir dire should not be used as an opening statement.

Do not waste voir dire by using it as an opening statement.

Applies to

Voir dire

Panel is randomly selected; no reshuffling allowed.

The panel comes from the jury administrator set up in a random fashion-do not ask for are-shuffle.

Applies to

Post trial

Post-trial juror contact allowed if permitted, but no impeachment of verdict.

In accordance with Local Rule CV-47, after the verdict is rendered and the jury and counsel are excused, counsel may contact the jurors if permitted by the court, but counsel may not use information gained from such discussions to impeach the verdict.

Applies to

Final judgment

Must include

proposed order

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.

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.

Applies to

Motion to change lead attorney

Must include

proposed order

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

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

Applies to

Juror questionnaire

Juror questionnaires must substantially follow the template in Exhibit A.

Juror questionnaires shall substantially follow the template set forth in Exhibit A attached hereto.

Applies to

Juror questionnaire

Each questionnaire must contain all General Questions from the template exactly as worded.

Each questionnaire shall, unless otherwise approved by the Court, contain all the General Questions shown in the attached template in the form and wording presented therein.

Applies to

Juror questionnaire

In patent cases, questionnaires must include all Patent Questions from the template exactly as worded, placed after General Questions.

Each questionnaire to be used in any civil case that includes allegations of patent infringement shall, unless otherwise approved by the Court, contain all the Patent Questions shown in the attached template in the form and wording presented therein. The Patent Questions shall follow the General Questions.

Applies to

Juror questionnaire

Each questionnaire must include the Last Question and Signature from the template as the last component.

Each questionnaire shall, unless otherwise approved by the Court, contain the Last Question and Signature as shown in the attached template in the form and wording presented therein. Such shall be the last included component of any questionnaire.

Applies to

Notice of settlement

A mere notice of settlement or other non-compliant filings are not adequate to comply with the settlement notification order.

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.

Applies to

Joint report

Must include

certificate of conference

After a hearing is set, lead and local counsel must confer within 72 hours and file a joint report.

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.

Applies to

Motion to seal

Must include

certificate section

Parties must understand legal standard before filing sealing motions

Section A summarizes the legal standard that applies to motions to seal documents submitted to the Court. Parties should be familiar with this standard before seeking leave to file materials under seal.

Applies to

Redacted document

Must include

caption, judge name, case number

Exception for sealing entire document - no public redacted copy required

In the unusual circumstance that a party seeks to seal an entire document, the party need not file the third document (a public, redacted copy). In all other circumstances, failure to file the third document will result in the first two documents being stricken.

Applies to

Pretrial order

Two copies of the exhibit list must be attached to the joint pretrial order.

Counsel shall attach to the joint pretrial order two (2) copies of the list of all exhibits to be offered on a form substantially similar to that attached

Applies to

Joint pretrial order

Joint pretrial order must include motions in limine, proposed charge and interrogatories (or proposed findings and conclusions), and be signed by all counsel.

The joint pretrial order, including motions in limine and a proposed charge and interrogatories or proposed findings of fact and conclusions of law, shall be filed on or before the date set forth in the scheduling order. ... Joint pretrial orders must be signed by all counsel.

Applies to

Motion to amend scheduling order

Must include

proposed order

Motion to amend scheduling order must attach a proposed scheduling order following the format of the most recently entered scheduling order.

A party seeking to amend the scheduling order should file a motion and attach a proposed scheduling order using deadlines that are business days consistent with the bolded instructions on the sample scheduling order form and following the format of the most recently entered scheduling order in that case.

Applies to

Pretrial order

The joint pretrial order must include memoranda of law on disputed issues of law.

Memoranda of law on disputed issues of law;

Applies to

Pretrial order

The joint pretrial order must include motions in limine.

Motions in limine.

Applies to

Proposed findings conclusions

Proposed findings and conclusions must be in a form suitable for ruling from the bench after closing arguments.

Findings and conclusions must be in a form suitable for ruling from the bench after closing arguments;

Applies to

Pretrial order

For hearings, the joint pretrial order must include exhibit lists and objections, witness lists and objections, and deposition designations and objections.

Exhibit lists and objections; Witness lists and objections; Deposition designations and objections.

Applies to

Objection

Objections must be in writing and supported by authority.

written objections supported by authority

Applies to

Exhibits

Three additional sets of exhibit notebooks must be prepared for witness stand, court reporter, and court administrator.

Counsel shall prepare three (3) additional sets of exhibit notebooks in the form described above for use (1) on the witness stand, (2) by the court reporter, and (3) by the court administrator.

Applies to

Exhibit list

Exhibit lists may use any format, but they must include at least the minimum required information.

Parties are free to generate and format their exhibit lists in a manner convenient to them, but the list shall contain at least the minimum information set forth below.

Applies to

Exhibit

Exhibits should be labeled by side using identifiers like PX-1 or DX-1.

Those exhibits should be appropriately labeled as Plaintiff’s or Defendant’s exhibits, e.g., PX-1, DX-1.

Applies to

Physical exhibit

Physical exhibits should be listed and designated with physical-exhibit identifiers such as PPX-1 or DPX-1.

Any physical exhibits that the parties intend to offer into evidence should also be listed and designated as such, e.g., PPX-1, DPX-1.

Applies to

Demonstrative

Demonstrative items should be labeled with demonstrative identifiers such as PDX-1 or DDX-1.

They should be labeled and designated as such, e.g., PDX-1, DDX-1.

Applies to

Exhibit list

Parties need not prepare or exchange demonstratives yet, but they should include placeholders for all intended demonstratives on the list.

The parties are not required to have prepared or exchanged demonstratives at this time; however, the list should include placeholders for all intended demonstratives.

Applies to

Demonstrative

Prepared or known demonstratives should be exchanged, properly identified, and listed.

To the extent a demonstrative has been prepared, or the party is aware of its intent to use a particular document for demonstrative purposes only, those items should be exchanged, appropriately identified, and included in the exhibit list.

Applies to

Filing

A filing without the required AI certificate is treated as a certification that no part was prepared using generative AI.

The court presumes that a party who files a document that does not contain this certification certifies that no part of the document was prepared using generative artificial intelligence.

Applies to

All filings

Must include

ai disclosure

Absence of AI certification is presumed to mean no AI was used in document preparation.

The court presumes that a party who files a document that does not contain this certification certifies that no part of the document was prepared using generative artificial intelligence.

Applies to

Technical advisor submission

Technical advisor submission must include name, address, phone number, CV, availability, or statement of no agreement.

parties shall provide, no later than 100 days before the Markman hearing, the name, address, phone number, and curriculum vitae for up to three agreed technical advisors and information regarding the nominees’ availability for the Markman hearing or a statement that they could not reach an agreement as to any potential technical advisor.

Applies to

Technical advisor submission

Parties must not submit proposed technical advisors if they cannot agree.

If the parties cannot agree on a technical advisor, they shall not submit any proposed technical advisors to the Court.

Applies to

Discovery motion

Must include

demonstrate substantial import, show diligent resolution attempts

Discovery motions discouraged unless substantial and parties tried to resolve.

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.

Applies to

Notice

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

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.

Applies to

Motion in limine

Motions in limine limited to issues that cannot be cured by jury instructions.

The parties shall limit their motions in limine to issues that if improperly introduced at trial would be so prejudicial that the Court could not alleviate the prejudice by giving appropriate instructions to the jury.

Applies to

Brief

Briefs must include a statement of issues, statement of case with facts supported by record references, argument with citations, and conclusion; issues are limited to those raised in briefs.

In addition, 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 the party 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 the party’s positions. 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. d. A short conclusion stating the relief sought. The issues before the court are limited to the exact issues properly raised in the briefs.

Applies to

Letter brief

Letter briefs must be submitted without attachments unless a case-specific order directs otherwise.

All letter briefs, unless specifically directed otherwise by a case-specific order, are to be submitted without attachments.

Applies to

Response to motion in limine

Response to motions in limine must only address objected items; counsel must confer within 5 days to resolve disputes and notify court of resolved issues.

To save time and space, respond only to items objected to. All others will be considered to be agreed. Opposing counsel shall confer in an attempt to resolve any dispute over the motions in limine within five calendar days of the filing of any response. The parties shall notify the court of all issues which are resolved.

Applies to

Deposition objections

Counsel must confer to resolve deposition objections; court requires a copy of the deposition to rule on unresolved objections.

Opposing counsel shall confer to determine whether objections can be resolved without a court ruling. The court needs a copy of the pertinent deposition to rule on any objection.

Applies to

Motion in limine response

Must include

respond only to objections

Respond only to objected items in motions in limine

To save time and space respond only to items objected to. All others will be considered to be agreed.

Applies to

Certificate of interested persons

Parties may adopt another party's certificate by reference if they concur in its accuracy.

If a party concurs in the accuracy of another party's previously filed certificate, the party may adopt that certificate by reference.

Applies to

Voir dire

Strikes are made from the top of the panel list.

Remember that strikes will be made from the top of the panel list.

Applies to

Voir dire

Must include

juror list, juror information sheets

Counsel receives juror list and information sheets before voir dire.

Prior to the commencement of voir dire, counsel for each party will receive a copy of a list of randomly selected, pre-qualified jurors prepared by the Clerk's office as well as a brief information sheet on each panelist.

Applies to

General

Court employees and building tenants exempt from prohibited items policy

Court employees and other building tenants are exempt from this policy.

Applies to

Jury investigation

Must include

local rule certificate

Recognizes duty to gather information about jurors within ethical bounds

The Court recognizes the critical role that informed jury selection plays in any jury trial. The Court recognizes the duty imposed on diligent parties to secure as much useful information as possible about venire members, acting within the ethical and legal parameters of our profession.

Applies to

Motion

Must include

proposed order

Change of lead attorney requires a motion and order.

Any change to a party's lead attorney designation must be accomplished by motion and order.

Applies to

Motion

Must include

proposed order

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

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

Applies to

Formal notice

Must include

judge name, case number

Example: Notify court within 3 days of PTAB decision on IPR/CBM/PGR petitions related to stay motions

should a party to a pending motion for stay before this Court that is based on a petition for Inter Partes Review, Covered Business Method Review, or Post Grant Review learn of a decision by the Patent Trial and Appeal Board ("PTAB") granting or denying the petition upon which the request for stay has been made, that party should notify this Court within three (3) days of learning of the same.

Applies to

Motion to seal

Must include

local rule certificate

Section B contains specific sealing procedures supplementing Local Rule 5(a)(7)

Section B sets out the specific procedures that parties must follow when seeking leave to file materials under seal in civil cases before this Court, and supplements Local Rule 5(a)(7).

Applies to

Consent

Must include

consent to proceed before magistrate judge

Magistrate judge can conduct all proceedings if all parties consent.

If the plaintiff consents to proceed before the magistrate judge, subject to the consent of each defendant, the magistrate judge is designated to exercise jurisdiction to conduct any and all proceedings as provided in 28 U.S.C. § 636(c), to conduct the trial of the case, and to order the entry of judgment in the case pursuant to Neals v. Norwood, 59 F.3d 530 (5th Cir. 1995).

Applies to

Reassignment notice

Must include

referral to magistrate judge, reassignment to district judge

Non-consenting cases are reassigned to district judge but referred to magistrate for non-dispositive matters.

If the parties do not consent, the Clerk will randomly reassign the case to a district judge in the Sherman Division and automatically refer the case to the previously presiding magistrate judge for decisions on non-dispositive matters and findings of fact, conclusions of law, and a recommendation for the disposition of the case.

Applies to

Case filing

Must include

effective date

Order only applies to cases filed on or after February 1, 2025.

This order does not apply to any case that was filed before February 1, 2025.

Applies to

Brief

Must include

caption, judge name, case number

Standing order applies to all Social Security actions under 42 U.S.C. § 405(g)

This standing order governs all actions filed pursuant to 42 U.S.C. § 405(g) and assigned to the undersigned.

Applies to

Security policy

Court employees and building tenants exempt from prohibited items policy

Court employees and other building tenants are exempt from this policy.

Applies to

Other

Authentication notification must be in writing.

Counsel requiring authentication of an exhibit must notify offering counsel in writing

Applies to

Agreed charge

Proposed interrogatories must be placed at the end of the agreed charge document, after all instructions and definitions.

Place the proposed interrogatories at the end of the document, after all instructions and definitions.

Applies to

Jury instructions

Each requested jury instruction and definition must be simple, concise, and include citation of authority.

Each requested instruction and definition should be simple, concise, and include citation of authority.

Applies to

Post trial brief

Post-trial briefs should be limited to specific issues requested by the court.

Post-trial briefs should be limited to specific issues requested by the court during or after trial.

Applies to

Exhibits

Joint exhibits must be marked with case name, case number, and exhibit number.

If joint exhibits are agreed upon, they must each be marked with the case name, case number, and exhibit number.

Applies to

Exhibits

If no joint exhibits, each party must mark their own exhibits with party name, case number, and exhibit number.

If no agreement can be reached, the offering party shall mark his or her own exhibits with the party's name, case number, and exhibit number on each exhibit to be offered.

Applies to

Demonstrative

The court will require exchange of all demonstratives later, closer to trial.

The Court will order the exchange of all demonstratives at a time closer to trial.

Applies to

Exhibit list

All demonstratives will be ordered exchanged closer to trial.

The Court will order the exchange of all demonstratives at a time closer to trial.

Applies to

Motion

Must include

jump cites, specific record citations

Use jump cites and specific record citations in motions.

Counsel are encouraged to use jump cites in cases cited to the Court and to provide specific citations to the record.

Applies to

Judgment

Must include

statement of reasons

Criminal cases transferred for sentencing are returned to original judge after sentencing.

In criminal cases that have been transferred to the undersigned for sentencing, once the defendant has been sentenced and after the judgment and statement of reasons have been entered, the Clerk of Court shall transfer the case back to the transferring district judge and original magistrate judge.

Applies to

Post judgment motion

Must include

case reassignment

Closed cases with post-judgment activity are reassigned to active district judge.

The Clerk of Court shall reassign all closed cases, whether they are civil, criminal, or miscellaneous, to an active district judge in the division if a post-judgment motion or any post-judgment activity is filed. If the closed case was transferred to the undersigned, the Clerk of Court shall transfer the case back to the transferring district judge.

Applies to

Case management conference

Must include

local rule certificate

Review Federal Rules of Civil Procedure and Local Rules before case management conference.

Before the case management conference, counsel and unrepresented parties should review the most recent versions of the Federal Rules of Civil Procedure and the Local Rules for the Eastern District of Texas. The Local Rules are available on the Eastern District of Texas website (www.txed.uscourts.gov).

Applies to

Scheduling order

Must include

certificate of service, local rule certificate, certificate of conference

Parties must propose mediation date as early as possible to avoid expense.

____________________ If parties plan to mediate, state date parties propose. This should be as early as possible, to avoid expense.

Applies to

Expert report

Must include

certificate of service, local rule certificate, certificate of conference

Expert reports must include categories specified in FRCP 26(a)(2)(B)(i)-(vi).

Expert reports should include the categories of information set out in Federal Rule of Civil Procedure 26(a)(2)(B)(i)-(vi)