Western District of Texas Local Rules and Judge Filing Requirements
Filing requirements from local rules, individual practices, standing orders, and published court policies for Western District of Texas
Federal court local rules are only the first layer. These filing requirements come from individual judges' practices, standing orders, and policies published by the Western District of Texas. They supplement the district local rules and the Federal Rules of Civil Procedure. Requirements vary significantly between judges in the same district, so always verify the specific rules for your assigned judge.
- Judge Fred Biery
Motion to Dismiss must include Certificate of Conference or will be struck.
- Judge Kathleen Cardone
Preliminary Infringement Contentions must be served within 30 days of defendant's appearance.
- Judge Xavier Rodriguez
Nongovernmental corporate parties must file Rule 7.1 disclosure statement with first filing and supplement if information changes.
- Senior Judge David Alan Ezra
Dispositive motions must be filed by a specific deadline.
- Magistrate Judge Derek Gilliland
All extension requests must be made by motion with title indicating joint/unopposed/contested status and proposed order.
- Magistrate Judge Derek Gilliland
Redacted sealed orders must be emailed to specific chambers email address
- Judge Xavier Rodriguez
Initial pretrial conference scheduled after proposed scheduling order; motion may be filed for immediate conference.
- Senior Judge David Alan Ezra
Parties not filing dispositive motions must contact courtroom deputy to set trial date.
- Judge David Counts
Only attorneys and associates may bring electronic devices into courthouse
- Judge Alan D Albright
If parties cannot resolve conflicts between this OGP and prior versions, they are encouraged to seek guidance by emailing the Court’s law clerk.
- Judge Fred Biery
Case citations must use Westlaw format, not Lexis.
- Judge Alan D Albright
The Court encourages discovery-dispute submissions in Word using a table format that clearly presents issues and requested relief.
- Senior Judge David C. Guaderrama
Proposed Undisputed Facts must be in a two-column format with numbered paragraphs, each addressing a single subject.
- Magistrate Judge Dan MacLemore
Proposed orders and discovery charts must be in Microsoft Word format and use the Court’s templates.
- Magistrate Judge Richard B. Farrer
Citations preferred in body text, string citations acceptable in footnotes.
- Judge Kathleen Cardone
Deadline modifications require good cause showing.
- Judge Alan D Albright
For disputes about extensions of time and similar procedural issues, the Court prefers use of this discovery-dispute procedure.
- Magistrate Judge Dan MacLemore
Extensions or continuances must be requested as soon as need is known, supported by good cause.
- Magistrate Judge Richard B. Farrer
Extensions of time should be by agreed motion, not stipulation, even if they don't affect other dates.
- Senior Judge David Briones
Extensions of time that do not affect other pretrial dates may be granted by stipulation filed with the court without a motion and order.
- Senior Judge David Alan Ezra
Dispositive motions limited to 20 pages, responses to 20 pages, replies to 10 pages.
- Judge Alan D Albright
The requesting party’s discovery-dispute summary email is limited to 500 words for one issue or 1,000 words combined for multiple issues.
- Magistrate Judge Richard B. Farrer
Exceeding page limits requires a motion for leave; court values brevity.
- Judge Kathleen Cardone
Leave of Court required for briefs exceeding local rule page limits.
- Judge Orlando L. Garcia
Page limits follow Local Rule CV-7 unless leave of court granted.
- Judge Fred Biery
Summary judgment motions are disfavored in cases without jury trial rights and should be limited to purely legal issues.
- Judge Xavier Rodriguez
Rule 26(f) conference must be held within 14 days, preferably face-to-face unless attorneys are in different cities.
- Senior Judge David Alan Ezra
Hearing on dispositive motions scheduled after response/reply deadlines.
- Judge Alan D Albright
Before filing a motion to compel discovery, lead counsel must meet and confer in good faith and the party must contact the Court’s law clerk with both sides’ positions.
- Magistrate Judge Anne T. Berton
Brief deadlines governed by Supplemental Rules 6, 7, and 8; no additional briefs without leave
- Judge Alan D Albright
Electronic copies via Box required for Markman, MSJ, and Daubert motions (10 days before hearing).
- Magistrate Judge Dan MacLemore
Courtesy copies are required only when requested by the Court.
- Magistrate Judge Richard B. Farrer
Courtesy copies are not required for any filings.
- Senior Judge David Briones
Courtesy copies of filings are not required.
- Judge Kathleen Cardone
Chambers copies are never required.
- Judge Fred Biery
Sealing discouraged; redaction preferred; leave of court required for sealed filings.
- Magistrate Judge Derek Gilliland
Redacted public version required within 7 days for sealed motions/pleadings
- Judge Kathleen Cardone
Discovery cannot be withheld for confidentiality without court order.
- Judge Xavier Rodriguez
Compliance with Fed. R. Civ. P. 5.2 regarding redaction of certain material is mandatory.
- Magistrate Judge Dan MacLemore
Parties must meet and confer before filing a motion to seal; motion must certify compliance.
- Magistrate Judge Dan MacLemore
Request oral argument for junior lawyer by contacting law clerk after briefing is complete.
- Magistrate Judge Derek Gilliland
Court encourages opportunities for attorneys with less than 7 years experience to argue motions.
- Magistrate Judge Dustin Howell
Request oral argument for newer attorney by contacting courtroom deputy after motion is ripe.
- Magistrate Judge Richard B. Farrer
Ex parte criminal submissions cannot be withdrawn, amended, or revised without a corresponding docket entry.
- Judge Andrew B. Davis
No motions may be filed after the deadline except motions in limine, unless good cause is shown.
- Judge Robert Pitman
Daubert motions must be filed within 11 days of receiving expert report or within 11 days of expert deposition, whichever is later.