Western District of Texas Chambers Communication Rules

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Parties must jointly email law clerks 19 weeks after CMC to confirm Markman date and venue/jurisdiction status.

19 weeks after CMC Parties to jointly email the law clerks (see OGP at 1) to confirm their Markman date and to notify if any venue or jurisdictional motions remain unripe for resolution.

CRITICALCivil cases

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Parties must jointly email chambers' law clerks to confirm the Markman hearing date and notify of any unripe venue or jurisdictional motions.

Parties to jointly email the law clerks to confirm their Markman date and to notify if any venue or jurisdictional motions remain unripe for resolution.

CRITICALCivil cases

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The parties must email an editable copy of the joint claim construction statement to the Court’s law clerks after briefing concludes.

After briefing concludes, the parties shall file a Joint Claim Construction Statement and email an editable copy to the Court’s law clerks.

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Parties must email a Word version of the Joint Claim Construction Statement, proposed Protective Order, or proposed Scheduling Order to the Court’s law clerk upon filing.

When filing the Joint Claim Construction Statement, proposed Protective Order, or proposed Scheduling Order, the parties shall also email the Court’s law clerk a Word version of the filed documents.

CRITICALCivil cases

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Parties presenting confidential information at a remote hearing must email the law clerk to request a private, non-public Zoom setup.

Any party who intends to present confidential information in a remote hearing shall email and notify the Court’s law clerk to request a private Zoom setup that will not be publicly broadcasted.

CRITICALCivil cases

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Parties presenting confidential information in remote hearings must email the Court’s law clerk to request a private Zoom setup.

Any party who intends to present confidential information in a remote hearing shall email and notify the Court’s law clerk to request a private Zoom setup that will not be publicly broadcasted.

CRITICALCivil cases

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Parties must jointly email the Court’s law clerk 8 weeks before trial to confirm pretrial conference and trial dates.

8 weeks before trial Parties to jointly email the Court’s law clerk to confirm their pretrial conference and trial dates.

CRITICALCivil cases

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For pre-Markman issues needing resolution, parties must email a joint submission of their positions to the Court after filing the CRSR.

If the parties have any pre-Markman issues needing resolution, the parties shall email the Court a joint submission of the parties’ positions after filing the CRSR so the Court can consider whether to hold a hearing to resolve these issues.

CRITICALCivil cases

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When post-trial briefing is complete, parties must email law clerks that same day with pending motions and any hearing request.

On the same day that post-trial briefing is completed, the parties shall email the Court’s law clerks with a list of the pending motions and request a hearing, if desired.

CRITICALCivil cases

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Parties seeking to expand venue/jurisdictional discovery limits must meet and confer, then contact law clerk for telephonic hearing if impasse.

If a party believes these limits should be expanded, the party shall meet and confer with opposing counsel and, if an impasse is reached, the requesting party is directed to contact the Court’s law clerk for a telephonic hearing.

CRITICALCivil cases

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Parties to jointly email the Court’s law clerk (See OGP at 1) to confirm their pretrial conference and trial dates.

Parties to jointly email the Court’s law clerk (See OGP at 1) to confirm their pretrial conference and trial dates.

CRITICALCivil cases

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Email to chambers

Messages to Judge Howell’s chambers regarding discovery matters must be sent to the specified email address.

Messages directed only to Judge Howell’s chambers may be sent to: TXWD_HowellADAdiscovery@txwd.uscourts.gov

CRITICALCivil cases

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Parties with pre-Markman issues must email joint position submission to Court after filing CRSR.

If the parties have any pre-Markman issues needing resolution, the parties shall email the Court a joint submission of the parties’ positions after filing the CRSR so the Court can consider whether to hold a hearing to resolve these issues. If the parties do not have any pre-Markman issues needing resolution, then the parties need not email the CRSR to the Court.

CRITICALCivil cases

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Parties must email law clerks with pending motions list and hearing request upon completing post-trial briefing.

On the same day that post-trial briefing is completed, the parties shall email the Court's law clerks with a list of the pending motions and request a hearing, if desired.

CRITICALCivil cases

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Parties must send an editable Scheduling Order copy to the Court’s law clerk when filing.

When filing any Scheduling Order, the parties shall also jointly send an editable copy to the Court’s law clerk.

CRITICALCivil cases

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Moving party must email law clerk if motion to transfer is pending 1 week before Markman hearing.

if by 1 week before the Markman hearing the Court has not ruled on any pending motion to transfer, the moving party is directed to email the Court’s law clerk (and the technical advisor, when appointed), and indicate that the motion to transfer is pending.

CRITICALCivil cases

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Email to chambers

Messages to Judge Hightower’s chambers regarding discovery matters must be sent to the specified email address.

Messages directed only to Judge Hightower’s chambers may be sent to: TXWD_HightowerADAdiscovery@txwd.uscourts.gov

CRITICALCivil cases

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Within 3 business days of sur-reply submission, parties must email an editable copy of the Joint Claim Construction Statement to chambers' law clerks.

3 business days after Parties submit Joint Claim Construction Statement and email the submission of sur-reply law clerks an editable copy.

CRITICALCivil cases

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Messages directed only to Judge Lane’s chambers may be sent to: TXWD_LaneADAdiscovery@txwd.uscourts.gov

Messages directed only to Judge Lane’s chambers may be sent to: TXWD_LaneADAdiscovery@txwd.uscourts.gov

CRITICALCivil cases

Parties must promptly notify the Court of a settlement and request a stay of deadlines.

Parties shall promptly notify the Court if they reach a settlement in a case and request to stay any deadlines.

CRITICALCivil cases

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Parties must email discovery dispute summaries to law clerks, copy opposing counsel, and indicate confidential info if a hearing is requested.

summaries of the issues to the Court’s law clerks for both Judge Albright and the referred Magistrate Judge, if any, with opposing counsel copied. If a hearing is requested, the parties shall indicate in the email whether any confidential information will be presented. Thereafter, the Court will provide guidance to the parties regarding the dispute or arrange a Zoom or in-person hearing.

CRITICALCivil cases

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Parties must email law clerks a pending motion list and hearing request (if desired) on the day post-trial briefing concludes.

On the same day that post-trial briefing is completed, the parties shall email the Court’s law clerks with a list of the pending motions and request a hearing, if desired.

CRITICALCivil casesProposed or draft document; may not be in force

Parties must request a private Zoom link from the Courtroom Deputy for any remote witness giving confidential testimony.

If a remote witness gives any confidential testimony, then a private zoom link shall be used for the entirety of the testimony. The parties will need to inform the Courtroom Deputy which witnesses will give confidential testimony and request a private Zoom meeting for these witnesses.

CRITICALCivil casesProposed or draft document; may not be in force

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Parties may have witnesses remotely testify using Zoom Webinars in Austin District Courtroom #5. The parties shall make advanced arrangements with the Courtroom Deputy to coordinate any remote testimony, including requesting access information from the Courtroom Deputy.

Parties may have witnesses remotely testify using Zoom Webinars in Austin District Courtroom #5. The parties shall make advanced arrangements with the Courtroom Deputy to coordinate any remote testimony, including requesting access information from the Courtroom Deputy.

CRITICAL

Parties must contact the Court at least 7 days before filing an appendix containing non-documentary or oversized materials to determine submission method; include a separate slip sheet for each such item noting it was or will be separately filed.

If a party intends to include non-documentary materials (e.g., videotapes and other physical materials) or oversized materials (e.g., maps and schematic drawings) in the appendix, it must contact the Court at least 7 days be- fore filing the appendix (absent good cause) to deter- mine the appropriate method to submit those materi- als. The appendix should include a separate slip sheet for each non-documentary item and identify on the slip sheet that the item was or will be separately filed with the Court.

CRITICAL

Photographing, recording, broadcasting, or televising prohibited without court authorization

The photographing, recording, broadcasting or televising of any person, object, or proceeding inside the United States Courthouse (Midland, Pecos, and Alpine) IS not permitted, unless authorized by the Court.

CRITICAL

Violations result in removal, fines, and forfeiture of devices

Anyone violating this Order is subject to removal from the United States Courthouse, being fined for disobedience of this Order, and having the electronic device(s) forfeited to the United States Marshals Service.

CRITICAL

Only attorneys and associates may bring electronic devices into courthouse

At the discretion of the Court, only attorneys and accompanying associates may bring cellular telephones and other electronic devices into the United States Courthouse (200 E. Wall Street, Midland, Texas; 410 S. Cedar, Pecos, Texas; and 2450 N. Highway 118, Alpine, Texas). No other individuals are permitted this privilege.

CRITICAL

Cell phones must be turned off in courtrooms

Cellular telephones must be turned off while inside any courtroom.

CRITICALCivil cases

When filing a Scheduling Order, the parties must jointly send an editable copy to the Court's law clerks.

When filing any Scheduling Order, the parties shall also jointly send an editable copy to the Court's law clerks.

CRITICALCivil cases

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Email to clerk

A party intending to present confidential information at a remote hearing must email the law clerks to request a private virtual setup.

Any party who intends to present confidential information in a remote hearing must email and notify the Court's law clerks to request a private, virtual setup.

CRITICALCivil cases

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Email to clerk

When filing any of the specified documents, the parties must email a Word version to the Court's law clerks.

When filing the Joint Claim Construction Statement, proposed Protective Order, or proposed Scheduling Order, the parties must email the Court's law clerks a Word version.

CRITICALCivil cases

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Email to clerk

After receiving the response, the requesting party must email the issue summaries to the Court’s law clerks and copy opposing counsel.

Once the opposing party provides a response, the requesting party shall email the summaries of the issues to the Court's law clerks with opposing counsel copied.

CRITICALCivil cases

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Email to chambers

If pre-Markman issues require resolution, the parties must email the Court a joint statement of their positions after filing the CRSR.

If the parties have any pre-Markman issues requiring resolution, the parties must email the Court a joint submission of the parties' positions after filing the CRSR so that the Court may consider whether to hold a hearing to resolve the issues.

CRITICALCivil cases

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Email to clerk

Within three business days after the sur-reply is submitted, parties must email an editable copy of the Joint Claim Construction Statement to the law clerks.

3 business days after submission of sur-reply | Parties submit Joint Claim Construction Statement and email the law clerks an editable copy.

CRITICALCivil cases

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Email to chambers

If a motion to transfer remains undecided one week before the Markman hearing, the moving party must email the Court’s law clerks and, if appointed, the technical advisor to report that it is pending.

If by one week before the Markman hearing the Court has not ruled on any pending motion to transfer, the moving party is directed to email the Court's law clerks (and the technical advisor, when appointed), and indicate that the motion to transfer is pending.

CRITICALCivil cases

At least 10 days before the hearing, the parties must jointly contact the law clerks for a Box link to provide electronic copies of the briefs and exhibits; the technology tutorial is optional.

Instead, the parties shall jointly contact the Court's law clerks, at least 10 days before the hearing, for a Box link to provide an electronic copy of the briefs,⁷ exhibits, and the optional technology tutorial.

CRITICALCivil cases

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Email

Phone

(210) 244-5021

After a contested motion is resolved, notify the courtroom deputy in a timely manner and file a timely joint advisory stating that the matter is resolved.

Please contact Magda Muzza, Courtroom Deputy, at (210) 244-5021, or magda_muzza@txwd.uscourts.gov in a timely manner after the contested motion is resolved. The parties should also file a timely joint advisory asserting the matter is resolved.

CRITICALCivil cases

Phone

(210) 244-5021}}

The parties must notify the Court when an evidentiary sentencing hearing is requested, contacting the courtroom deputy by phone or email.

The parties are required to notify the Court if an evidentiary hearing is requested. Contact Magda Muzza, Courtroom Deputy, at (210) 244-5021, or magda_muzza@txwd.uscourts.gov.

CRITICAL

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.

CRITICAL

Contact

Phone to chambers

Phone

(915) 534-6740

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

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

CRITICAL

Contact

Phone to chambers

Phone

(915) 534-6740

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.

CRITICALCivil cases

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Phone to chambers

File motion for expedited hearing, then contact Natasha Martinez.

What procedures should be followed to request an expedited hearing in a civil case? File a motion requesting an expedited hearing, then contact Natasha Martinez, Courtroom Deputy.

CRITICALCivil cases

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Phone to chambers

Phone

(210) 472-6550 Ext. 5020

Call Natasha Martinez for emergencies.

How does the court prefer attorneys to contact the court in an emergency? Call Natasha Martinez, Courtroom Deputy, (210) 472-6550 Ext. 5020 or Natasha_Martinez@txwd.uscourts.gov.

CRITICALCivil cases

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Phone to chambers

Parties cannot contact the court during depositions.

May parties contact the court during depositions? No.

CRITICALCivil cases

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Phone to chambers

Phone

(210) 472-6550 Ext. 5020

In emergencies, call or email Courtroom Deputy Natasha Martinez.

How does the court prefer attorneys to contact the court in an emergency? Call Natasha Martinez, Courtroom Deputy, (210) 472-6550 Ext. 5020 or Natasha_Martinez@txwd.uscourts.gov.

CRITICALCivil cases

Counsel must address court from lectern.

The lectern.

CRITICALCivil cases

No chewing gum, no active cell phone use, and no beverages at counsel tables unless approved by the court. Counsel will question the witnesses from the lectern. Request permission to approach a witness or the bench. Do not approach the lectern or walk behind opposing counsel when opposing counsel is conducting direct or cross examination. Dress consistent with court decorum rules. Anyone addressing the court must stand.

No chewing gum, no active cell phone use, and no beverages at counsel tables unless approved by the court. Counsel will question the witnesses from the lectern. Request permission to approach a witness or the bench. Do not approach the lectern or walk behind opposing counsel when opposing counsel is conducting direct or cross examination. Dress consistent with court decorum rules. Anyone addressing the court must stand.

CRITICALCriminal cases

Clerk must notify Court chambers same day of motion under 18 U.S.C. § 3145(a)

IT IS FURTHER ORDERED that, upon the United States’s motion under 18 U.S.C. § 3145(a), the Clerk of Court shall—on that same day—notify the chambers of this Court of the motion.

CRITICALCivil cases

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For expedited relief motions, notify Courtroom Deputy immediately after filing and provide copy to opposing party by email.

After the motion has been filed with the Clerk’s office, immediately notify the Courtroom Deputy, Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov. 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 electronic (e-mail) delivery.