Western District of Texas Adjournment & Extension Requirements

WARNINGCivil cases

In cases not referred to a Magistrate Judge, request a scheduling-order modification by motion; the opposing party should respond if the request is not agreed.

In cases not referred to a Magistrate Judge, any such request should be made by motion. The Court will approve, in most instances, an agreed modification. If the modification is not agreed, the opposing party should file a response to any motion to modify.

WARNING

The parties may request deadline modifications, which the Court may grant only upon a showing of good cause.

Further, the parties may request a modification of the Court's deadlines set forth above, which the Court may grant only upon a showing of good cause.

WARNING

Deadline modifications require good cause showing.

Further, the parties may request a modification of the Court’s exemplary deadlines set forth in Appendix A, which the Court may grant only upon a showing of good cause. The good cause standard requires a particularized showing that the exemplary deadlines set forth in Appendix A cannot reasonably be met despite the diligence of the party seeking the extension.

WARNING

Complaint answer extensions require agreed motion; discovery extensions can be stipulated.

Extensions to answer a complaint require an agreed motion and proposed order. See Federal Rule of Civil Procedure 6. Otherwise, discovery extensions may be stipulated to between the parties without any need for court approval.

WARNING

Failure to serve a defendant within 120 days will trigger a notice to show cause why the case or defendant should not be dismissed.

Failure to serve a defendant within 120 days will trigger a notice to show cause why the case or defendant should not be dismissed.

WARNING

Extension of one deadline does not extend subsequent deadlines.

Unless specifically ordered by the Court, an extension of time to comply with any one of the time limits in the Scheduling Order does not extend the time to comply with subsequent time limits.

WARNING

Unless the Court specifically orders otherwise, extending one deadline does not extend any subsequent deadline.

Unless specifically ordered by this Court, an extension of time to comply with any one of the time limits in this Order does not extend the time to comply with subsequent time limits.

WARNING

Good cause for an extension requires a particularized showing that the schedule cannot reasonably be met despite the requesting party’s diligence.

The good cause standard requires a particularized showing that the schedule to be established by this Standing Order cannot reasonably be met despite the diligence of the party seeking the extension.

WARNINGCivil cases

No.

No.

WARNINGCivil cases

Depends on circumstances; contact Natasha Martinez, Courtroom Deputy, if this occurs. Our goal is to get the dispositive motions ruled on prior to the deadline for filing pretrial materials.

Depends on circumstances; contact Natasha Martinez, Courtroom Deputy, if this occurs. Our goal is to get the dispositive motions ruled on prior to the deadline for filing pretrial materials.

WARNINGCivil cases

Depends on circumstances; contact Natasha Martinez, Courtroom Deputy, if this occurs. Our goal is to get the dispositive motions ruled on prior to trial.

Depends on circumstances; contact Natasha Martinez, Courtroom Deputy, if this occurs. Our goal is to get the dispositive motions ruled on prior to trial.

WARNINGCivil cases

Parties may modify deadlines by agreement except for dispositive motions deadline, hearing dates, and trial date, which are firm.

The parties may modify the deadlines in this order by agreement, with the exception of the dispositive motions deadline, hearing dates, and trial date. Those dates are firm.

WARNINGCivil cases

After entry of a scheduling order, counsel must meet deadlines or seek timely relief supported by good cause, and should request extensions or continuances as soon as the need is known.

Once a scheduling order has been entered, counsel are expected to comply with the deadlines or seek timely relief therefrom supported by good cause. Any extension of any deadline and any continuance should be requested as soon as the need for that relief is known.

WARNING

Does the Court permit the parties in civil cases to agree to extensions of time by stipulation filed with the Court, rather than by motion and order, where the extension will not affect other pretrial dates? e.g., an extension to answer the complaint or to respond to written discovery. It’s best for the parties in civil cases to agree to extensions of time by filing an agreed motion, even if the extension doesn’t affect other pretrial dates.

Does the Court permit the parties in civil cases to agree to extensions of time by stipulation filed with the Court, rather than by motion and order, where the extension will not affect other pretrial dates? e.g., an extension to answer the complaint or to respond to written discovery. It’s best for the parties in civil cases to agree to extensions of time by filing an agreed motion, even if the extension doesn’t affect other pretrial dates.

WARNINGCivil cases

Parties should file an agreed motion for extensions of time, even if the extension does not affect other pretrial dates.

It’s best for the parties in civil cases to agree to extensions of time by filing an agreed motion, even if the extension doesn’t affect other pretrial dates.

WARNINGCivil cases

Extension motions filed at the last minute or after deadlines have expired are disfavored.

Even agreed motions can be denied. Extension motions filed at the last minute or after deadlines have expired are disfavored.

WARNINGCivil cases

A continuance must be requested by filing a motion.

If you need a continuance, please file a motion.

WARNINGCivil cases

As far in advance as possible. A hearing on the motion will be set prior to the trial setting and if the motion cannot be addressed prior to trial the court will usually continue the trial setting.

As far in advance as possible. A hearing on the motion will be set prior to the trial setting and if the motion cannot be addressed prior to trial the court will usually continue the trial setting.

WARNINGCivil cases

Agreed modifications are generally approved early in a case; multiple requests require a hearing to show good cause, and non-agreed continuances require immediate response.

The Court will approve, in most instances, an agreed modification at the beginning of a case. However, if the court receives multiple requests a hearing will be set in order for counsel to show good cause why additional continuances are needed. If a continuance is not agreed to, the opposing party should file a response to any motion immediately.

WARNINGCivil cases

A motion to continue should be filed at the earliest date possible and should show good cause for the continuance.

A motion to continue should be filed at the earliest date possible and should show good cause for the continuance.

WARNINGCivil cases

No set procedure. Parties should notify the Court as soon as they are aware of a need to continue the trial date.

No set procedure. Parties should notify the Court as soon as they are aware of a need to continue the trial date.

INFOCivil cases

For disputes about extensions of time and similar procedural issues, the Court prefers use of this discovery-dispute procedure.

The procedure outlined below is also the Court’s preferred mechanism for handling disputes regarding procedural matters such as extensions of time, excess pages, narrowing claims and prior art, amending invalidity and infringement contentions, etc.

INFOCivil cases

Parties are encouraged to submit an agreed briefing schedule instead of separate extension requests.

To the extent that parties anticipate seeking extensions of time to file a response or reply brief to a motion, the Court encourages the parties to submit an agreed briefing schedule rather than separate or seriatim extension requests.

INFOCivil cases

The parties may stipulate to discovery extensions without court approval.

Discovery extensions may be stipulated to between the parties without any need for court approval.

INFO

Extensions to answer complaint require agreed motion; discovery extensions can be stipulated.

Extensions to answer a complaint require an agreed motion and proposed order. See Federal Rule of Civil Procedure 6. Otherwise, discovery extensions may be stipulated to between the parties without any need for court approval.

INFO

Yes.

Yes.

INFOCivil cases

Dispositive motions ruled on as soon as possible.

The court rules on dispositive motions as soon as possible.

INFOCivil cases

Trial continuances granted as far in advance as possible; hearing set before trial.

As far in advance as possible. A hearing on the motion will be set prior to the trial setting and if the motion cannot be addressed prior to trial the court will usually continue the trial setting.

INFOCivil cases

Discovery extensions can be stipulated without court approval, but complaint extensions require agreed motion and order.

Does the court permit the parties in civil cases to agree to extensions of time by stipulation filed with the court, rather than by motion and order, where the extension will not affect other pretrial dates? E.g., an extension to answer the complaint or to respond to written discovery. Extensions to answer a complaint requires an agreed motion and proposed order. See Fed. R. Civ. P. 6. Discovery extensions may be stipulated to between the parties without any need for court approval, but there will be no intervention by the Court except in extraordinary circumstances, and no trial setting will be vacated because of

INFOCivil cases

Yes.

Yes.

CRITICAL

For scheduling-order modifications, parties should confer and file an unopposed continuance motion; if opposed, identify the opposition and include the requested extension period.

How is the Court’s procedure for requests for modification of scheduling orders? I prefer the parties to confer on any requests and then file an unopposed motion for continuance. If the continuance request is opposed, please indicate the opposition in your motion. Additionally, please include the requested extension period.

WARNING

Parties may agree to an extension of time by filing a proposed agreed motion, even if the extension does not affect other pretrial dates.

A party ... can agree to extensions of time by filing a proposed agreed motion with the court, even if the extension does not affect other pretrial dates.

WARNING

The court will often grant a motion to continue the trial date if it has not ruled on a pending dispositive motion before final trial preparation begins.

Will often grant a motion to continue the trial date if I have not rule on a pending dispositive motion before the parties begin final trial preparation.