Eastern District of Texas Document Filing Requirements

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

Source text: 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.

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

Source text: 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;

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

Source text: 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;

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

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

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

Source text: 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;

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

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

Certificate of interested persons required at first appearance in civil cases

Source text: 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:

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

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

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.

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

Visitors/guests prohibited from bringing certain items without judicial approval

Source text: 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:

Liquids, aerosols, gels (including water bottles) prohibited

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

Laser lights/pointers prohibited

Source text: (b) Laser Lights / Pointers.

Cigarette lighters prohibited

Source text: (c) Cigarette Lighters.

Vape pens prohibited

Source text: (d) Vape pens.

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

Source text: 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.

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

Source text: 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:

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

Source text: 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:

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

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

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Prohibits vexatious or harassing investigation of jurors

Source text: 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.

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

Source text: 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:

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

Source text: 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.

Three-document filing requirement for seal motions

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

All persons must use hand sanitizer upon entering the Courthouse.

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

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

Source text: 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:

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

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

Laser lights/pointers prohibited without judicial approval

Source text: (b) Laser Lights / Pointers.

Cigarette lighters prohibited without judicial approval

Source text: (c) Cigarette Lighters.

Vape pens prohibited without judicial approval

Source text: (d) Vape pens.

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

Source text: 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.

Brief must include numbered statement of exact issues presented for review

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

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

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

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

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

Source text: 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.

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

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

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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).

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

Source text: 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.

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.

Source text: 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.

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

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

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

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

Bates-numbered exhibits must include the bates number.

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

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

Source text: 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.

Demonstrative materials must be included in the exhibit list.

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

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

Source text: 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.

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

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

Placeholders for demonstratives must be included in the exhibit list.

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Stand when jury enters or leaves courtroom.

Source text: Please stand when the jury enters or leaves the courtroom.

Speaking objections prohibited; state objection and basis only.

Source text: 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.@

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

Source text: 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."

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Editable juror questionnaire must be jointly submitted to Deputy Clerk.

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Initial disclosures due 10 days after Rule 26 conference deadline.

Source text: 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:

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

Source text: 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).

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

Source text: 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).

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

Source text: 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.

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

Source text: 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).

Court requires deposition copy for ruling

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

Video deposition designations with 7-day response period

Source text: 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.

Initial video designation party prepares final edited video

Source text: 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.

File unresolved deposition objections

Source text: File unresolved objections to oral and video deposition extracts.

Parties must notify court of resolved issues

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

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.

Source text: 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.

Voir dire should not be used as an opening statement.

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

Panel is randomly selected; no reshuffling allowed.

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

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

Source text: 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.

Court employees and building tenants exempt from prohibited items policy

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

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

Source text: 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.

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

Source text: 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.

Parties must understand legal standard before filing sealing motions

Source text: 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.

Exception for sealing entire document - no public redacted copy required

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

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

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Discovery motions discouraged unless substantial and parties tried to resolve.

Source text: 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.

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

Source text: 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.

Respond only to objected items in motions in limine

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

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

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

Strikes are made from the top of the panel list.

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

Counsel receives juror list and information sheets before voir dire.

Source text: 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.

Court employees and building tenants exempt from prohibited items policy

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

Recognizes duty to gather information about jurors within ethical bounds

Source text: 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.

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

Source text: 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.

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

Source text: 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).

Magistrate judge can conduct all proceedings if all parties consent.

Source text: 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).

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

Source text: 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.

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

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

Court employees and building tenants exempt from prohibited items policy

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

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

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

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

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

All demonstratives will be ordered exchanged closer to trial.

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

Use jump cites and specific record citations in motions.

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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).

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

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

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

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