Eastern District of Texas Filing Timing and Cure Windows

Deadline

30 calendar days

Required

Always

Applies to

Closing papers

Closing papers must be filed within 30 days of settlement announcement.

Announcement of settlement must be followed by the closing papers within thirty (30) days.

No motions (except motions in limine) may be filed after the motion cut-off date without good cause.

MOTION CUT-OFF. Aside from motions in limine, no motion, including motions to exclude or limit expert testimony, shall be filed after this date except for good cause shown.

Objections to exhibits, witnesses, and deposition designations, and responses to motions in limine must be filed by the objections deadline.

OBJECTIONS TO proposed exhibits, witnesses, and deposition designations, as well as responses to motions in limine, shall be filed by this date.

Responses to objections must be filed by the deadline; failure to respond creates a presumption that the objection will be sustained.

RESPONSES TO OBJECTIONS shall be filed by this date. A failure to file a response to an objection shall create a presumption in favor of the court’s sustaining the objection.

Objections to exhibits must be filed by the date in the scheduling order; otherwise exhibits are admitted.

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.

Requests to seal confidential information must be made before public disclosure.

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

Deadline

48 hours

Limine stipulations must be filed at least 48 hours before the pretrial conference.

Without leave, any such limine stipulation must be filed not later than 48 hours prior to the beginning of the pre-trial conference.

Deadline

30 calendar days

Dismissal papers must be submitted within 30 days of settlement, unless the court grants a longer period.

In most cases the Court will not afford more than thirty (30) days in which to submit dismissal papers but in exceptional cases the Court may grant a longer period for such submission.

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

The notice shall be filed within five days of the last remaining Defendant’s answer or motion.

Parties must contact the Deputy Clerk in advance of the venire panel being summoned to allow time for printing and inclusion in summons mailing; failure forfeits the opportunity.

Parties desiring to avail themselves of the benefits of using a juror questionnaire shall contact the Deputy Clerk in Charge for the Division where the case is pending in advance of the venire panel being summoned and in time to allow the Deputy Clerk in Charge for such Division to print and include such questionnaires in the mailing of summons for jury service. Failure to fully accommodate the deadlines and directives of the Deputy Clerk in Charge shall forfeit any party’s opportunity to employ a juror questionnaire.

Deadline

4 weeks

Proposed questionnaires must be delivered by the date in the Docket Control Order, or at least 4 weeks before jury selection if not specified.

Proposed juror questionnaires shall be delivered to the Deputy Clerk in Charge at the time and date as provided in the then-operative Docket Control Order in each case. Should any Docket Control Order not otherwise specify a date by which a questionnaire is to be submitted, then such questionnaire shall be delivered to the Deputy Clerk in Charge at least four weeks prior to jury selection.

Clerk will reject pre-Markman § 101 motions that do not comply with the certification process.

The clerk shall reject the filing of such pre-Markman motions when this certification process has not been met.

Deadline

48 hours

Joint report must be filed by earlier of 48 hours after meeting or 24 hours before hearing.

Such joint report shall be filed by the earlier of 48 hours following that meeting or 24 hours before said hearing.

Deadline

14 calendar days

Motion for leave must be filed at least two weeks before Motions to Strike are due.

the requesting party may file a three (3) page motion with the Court at least two weeks before the Motions to Strike are due under the Docket Control Order

Deadline

7 calendar days

Response to motion for leave must be filed at least one week before Motions to Strike are due.

which is due at least one week before the Motions to Strike are due

Deadline

14 calendar days

Unopposed motion for leave must be filed at least two weeks before Motions to Strike are due.

Any such motion is due at least two weeks before the Motions to Strike are due.

Objections to exhibits, witnesses, deposition excerpts, and responses to motions in limine must be filed by the deadline in the scheduling order.

The court will admit all exhibits listed in the joint pretrial order into evidence at the final pretrial conference unless opposing counsel files written objections supported by authority within the deadline provided in the scheduling order. Objections and responses to objections to proposed exhibits, witnesses, and deposition excerpts, as well as responses to motions in limine, shall be filed by the date set forth in the scheduling order.

Deadline

145 calendar days

Letter brief must be submitted no later than 145 days before the Markman hearing.

The letter brief is due no later than 145 days before the Markman hearing.

Deadline

100 calendar days

If request granted, parties must provide technical advisor information no later than 100 days before Markman hearing.

Should Defendant’s request be granted, 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.

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

The notice shall be filed within five days of the last remaining Defendant’s answer or motion in the case.

Deadline

14 days

Joint report must be filed 14 days after the Rule 26(f) conference deadline.

File joint report of attorney conference: 14 days after deadline for Rule 26(f) conference.

Objections to expert witnesses must be filed within 7 weeks after the expert's disclosure; objections in limine after this deadline are not accepted.

7 weeks after disclosure of an expert is made Deadline to object to any other party's expert witnesses. ... The court will not accept objections to experts filed in any form—i.e., motions in limine—after this date.

Only one summary judgment motion per party is allowed without leave of court.

Without leave of court, a party may file only one summary judgment motion.

Deadline

3 business days

Counsel requiring authentication must notify offering counsel in writing within 3 business days after exhibit is made available.

Counsel requiring authentication of an exhibit must notify offering counsel in writing within three (3) business days after the exhibit is made available for examination. Failure to do so is an admission of authenticity.

A final revised exhibit list must be submitted to the court administrator prior to the final pretrial conference.

shall submit to the court administrator prior to the final pretrial conference a final revised list of exhibits to be offered.

If a deadline falls on a weekend or federal holiday, the effective deadline is the next federal court business day.

If deadline falls on a Saturday, Sunday, or a legal holiday as defined in Federal Rule of Civil Procedure 6, the effective date is the first federal court business day following the deadline imposed.

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

the deadline to answer or otherwise respond is stayed pending action by the clerk.