Court Rules
district Judge
Verified Current6 days ago

Judge Kathleen Cardone

Western District of Texas

Limits & Logistics

Document Limits

Brief
30 pgs

Courtesy Copies

Filings

Not Required

Adjournments

Must Include

  • 1
    Reason For Request
  • 2
    Good Cause
  • 3
    Affects Other Dates
  • 4
    Adversary Position
  • 5
    Proposed New Dates
Notice Required
0Calendar Days

Must Include

  • 1
    Agreed Motion
  • 2
    Proposed Order
Notice Required
14Calendar Days

Must Include

  • 1
    Reason For Request
  • 2
    Adversary Position
  • 3
    Proposed New Dates

Communication

Phone

Chambers

(915) 534-6740
SchedulingTechnical IssuesEmergencies
No Status Inquiries
Letter Fax

Chambers

Phone

Chambers

Scheduling
No Status Inquiries
Letter Ecf

Clerk

Scheduling
Phone

Chambers

(915) 834-0501
EmergenciesSchedulingTechnical Issues
No Description, Status Inquiries
Email

Clerk

Walter_Chiriboga@txwd.uscourts.gov
Technical Issues
Email

Chambers

Technical Issues
Advance Notice Required
Filters:AllMandatoryImportantFormattingCommunicationTRO/InjunctionCourtroom ConductMemorandaJuryEvidence/WitnessesExhibits

Detailed Drafting Rules

Document RequirementImportant

Leave of Court required to exceed page limits or file additional claim construction briefs.

Parties must seek leave of Court to exceed the page limits established by the Local Civil Rules. Parties must also seek leave of Court to file any additional claim construction briefs, such as a sur-reply.

Document Type

Claim Construction Brief

Content & Formatting
Leave Of Court
Page 7
|SecE. Claim Construction Briefs
Communication ProtocolNote

Contact law clerk at (915) 534-6740 for scheduling questions

Please contact the Judge's law clerk at (915) 534-6740.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Page 1
|SecCIVIL CASES
Communication ProtocolNote

Law clerks may be contacted for procedural questions not covered by rules

An attorney may address a procedural question that is not answered by the federal rules of procedure, local rules, or the Judge's Standing Orders to the law clerks at (915) 534-6740. Please do not call the judge's staff to inquire about substantive issues.

Phone

Direct to: Chambers

Approved Topics
SchedulingTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecCIVIL CASES
Communication ProtocolNote

Court accepts faxes at (915) 534-6716

Yes. The fax number is (915) 534-6716.

Letter Fax

Direct to: Chambers

Page 1
|SecCIVIL CASES
Communication ProtocolMandatory

Emergency contact: law clerk (915) 534-6740 or courtroom deputy (915) 834-0501

Please call either a law clerk at (915) 534-6740 or the courtroom deputy at (915) 834-0501.

Phone

Direct to: Chambers

Approved Topics
Emergencies
Page 1
|SecCIVIL CASES
Communication ProtocolImportant

Parties may not contact Court during depositions

No.

Phone

Direct to: Chambers

Prohibited
  • Status Inquiries
Page 1
|SecCIVIL CASES
Communication ProtocolNote

Notify law clerk immediately when contested motion is resolved

Yes, please contact a law clerk at (915) 534-6740 immediately upon resolution of a pending motion.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Page 1
|SecCIVIL CASES
Communication ProtocolNote

Cases assigned to district and magistrate judges; discovery routinely referred to magistrate

At the time a lawsuit is filed, the case is assigned to this district judge and a magistrate judge. The parties should advise the district clerk of their respective positions concerning transferring the case to a magistrate judge for jury or nonjury trial by consent, pursuant to 28 U.S.C. § 636(c). Discovery matters are routinely referred to the magistrate judge. Otherwise, pursuant to Local Rule, Appendix C, various pretrial matters regarding civil cases filed by prisoners and reviews of administrative agency proceedings (social security appeals) are referred to a magistrate judge.

Letter via ECF

Direct to: Clerk

Approved Topics
Scheduling
Page 2
|SecCIVIL CASES
Communication ProtocolNote

Status conference held ~8 days before trial; motions in limine and exhibit objections heard then

Unless requested by a party with a showing of special need, the Judge does not conduct a preliminary pretrial conference or intermediate status conferences. A status conference is conducted approximately eight (8) days prior to the date that trial is expected to begin as set out in the Court's Scheduling Order. Motions in limine and objections to exhibits will be heard and ruled upon at that time.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Page 2
|SecCIVIL CASES
Format RequirementNote

Hyperlinking citations in briefs is encouraged but not required.

No, but parties are encouraged to hyperlink citations in their briefs for Westlaw or Lexis access.

Applies When:Document Type Set Undefined
Document RequirementMandatory

Depositions can be used by agreement even if witness is available; otherwise follow FRCP 32. Provide copies to courtroom deputy before trial and file objections 3 business days before trial.

The Court will accept the parties' agreement to use a deposition at trial even though the witness is available. Otherwise, parties must follow Federal Rule of Civil Procedure 32. Before trial, counsel must provide the courtroom deputy with a copy of all depositions to be used as exhibits at trial. Counsel will designate the portion of any deposition to be read by citing pages and lines. Objections to those portions (citing pages and lines) with supporting authority must be filed at least three (3) business days before trial.

Document Type

Deposition

Content & Formatting
Proposed Order
Certificate Of Service
Communication ProtocolNote

Electronic versions of jury instructions, verdict forms, and proposed findings are permitted. Contact law clerk for format details.

Yes. Please contact the law clerk at (915) 534-6740.

Phone

Direct to: Chambers

Approved Topics
Technical Issues
Prohibited
  • Status Inquiries
Communication ProtocolNote

Emergency contact: call courtroom deputy or law clerk

Please call either the courtroom deputy at (915) 834-0501 or a law clerk at (915) 534-6740.

Phone

Direct to: Chambers

Approved Topics
Emergencies
Communication ProtocolImportant

Contact courtroom deputy for procedural questions only

An attorney may address a procedural question that cannot be answered by the federal rules of procedure, local rules and standing orders, or the Judge’s scheduling order to the courtroom deputy. Please do not call the Judge’s staff to inquire about substantive issues.

Phone

Direct to: Chambers

Approved Topics
SchedulingTechnical Issues
Prohibited
  • Description
    Only for procedural questions, not substantive issues
  • Status Inquiries
Communication ProtocolNote

Contact courtroom deputy for scheduling matters

The courtroom deputy at (915) 834-0501.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Communication ProtocolNote

Contact courtroom deputy for status of criminal motions

Contact the courtroom deputy.

Phone

Direct to: Chambers

Approved Topics
Status Inquiries
Communication ProtocolNote

Contact courtroom deputy for expedited hearing in criminal case

Contact the courtroom deputy at (915) 834-0501.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Communication ProtocolMandatory

For expedited relief: file with clerk, notify deputy, hand deliver to chambers, notify adverse party

After the motion has been filed with the Clerk’s office, notify the courtroom deputy and hand deliver a copy to Chambers. Use every reasonable effort to provide notice to the adverse party that the motion has been filed, and provide a copy of the motion to the opposing party by fax or electronic (e-mail) delivery.

Phone

Direct to: Chambers

Approved Topics
Emergencies
Prohibited
  • Description
    Must file with clerk first, then notify deputy and hand deliver to chambers
Communication ProtocolNote

Transcript requests must be directed to Walter Chiriboga via phone or email.

All transcript requests should be made to Walter Chiriboga at (915) 834-0553 or Walter_Chiriboga@txwd.uscourts.gov.

Email

Direct to: Clerk

Approved Topics
Technical Issues
Page 10
|Sec22
Communication ProtocolImportant

Internet access available but requires advance arrangements and signed Wi-Fi agreement.

Yes, there is Internet access, but arrangements must be made ahead of time. Attorneys must sign the Wi-Fi End User Agreement in order to access the Internet.

Email

Direct to: Chambers

Requirements
  • Advance Notice Required
    sign Wi-Fi End User Agreement
Page 10
|Sec23
Communication ProtocolImportant

All laptops used in courtroom are subject to inspection.

All laptops being used in the courtroom are subject to inspection.

Email

Direct to: Chambers

Requirements
  • Advance Notice Required
    laptop inspection
Page 10
|Sec23
Communication ProtocolNote

Court uses JERS system to electronically capture and provide evidence to jury in deliberation room.

The Court uses Jury Evidence Recording System (JERS) which provides an efficient method of electronically capturing evidence as it is presented in court during trial. Upon completion of the trial presentations, the evidence is released in electronic form to the jury in the Jury Deliberation Room.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Page 10
|Sec25
Page or Word LimitMandatory

Briefs/memoranda under 30 pages can be submitted without leave of Court.

Without leave of Court, any brief or memorandum less than thirty pages may be submitted.

Page 11
|SecMotions Practice