Western District of Texas Document Filing Requirements

Applies to

Proposed order

Must include

proposed order

Within 7 days after a discovery hearing, parties must submit a joint proposed order containing positions, requested relief, and understanding of the ruling.

Within 7 days of the discovery hearing, the parties shall email a joint proposed order to the Court’s law clerk that includes the parties’ positions from their dispute chart, the parties’ requested relief, and the parties’ understanding of the Court’s ruling so that the arguments and outcome can be docketed.

Applies to

Notice

Parties must file a notice if venue or jurisdictional discovery will delay a response to a transfer or jurisdictional motion.

Parties shall file a notice of venue or jurisdictional discovery if the discovery will delay a response to a transfer or jurisdictional motion.

Applies to

Status report

Parties with transfer motions must file status reports at specified milestones tied to briefing readiness and Markman hearing timing.

All parties who have filed a motion to transfer shall provide the Court with a status report indicating whether the motion has been fully briefed at each of the following times: 1) when the motion to transfer becomes ready for resolution,; 2) at 4 weeks before the Markman hearing date if the motion to transfer remains unripe for resolution; and 3) if there are multiple Markman hearings, the status report is due 6 weeks before the first scheduled Markman hearing.

Applies to

Motion to dismiss

Must include

local rule certificate

A motion to dismiss under this section must include a certification of compliance with the OGP.

The party moving to dismiss must attach a certification of compliance with this OGP to its motion to dismiss.

Applies to

Joint notice

Dismissal agreements under this section must be filed as a joint notice, not as a motion.

An agreement to dismiss under this section shall be filed as a joint notice instead of as a motion.

Applies to

Joint claim construction statement

After claim-construction briefing is complete, the parties must file a joint claim construction statement.

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

Applies to

Responsive brief

Responsive MSJ, Daubert, and MIL briefs are limited to the greater of opening-brief pages used or local-rule limits, and total responsive pages may not exceed total opening pages used.

Each responsive MSJ, Daubert, and MIL brief is limited to the pages utilized in the opening brief or by the local rules, whichever is greater; and the cumulative pages for responsive briefs shall be no more than cumulative pages utilized in the opening briefs.

Applies to

Non dispositive motion

Must include

proposed order

Every non-dispositive motion must include a proposed order, and that order’s title must omit the word “Proposed.”

For all non-dispositive motions, the parties shall submit a proposed Order. The proposed Order shall omit the word “Proposed” from the title.

Applies to

Notice of related cases

In patent cases, the plaintiff must file a Notice of Related Cases on the same day the case is filed.

When filing a patent case, the Plaintiff shall file a “Notice of Related Cases” on the day of filing the patent case.

Applies to

Notice of related cases

For the Notice of Related Cases, related cases are those sharing at least one asserted patent.

For the Notice of Related Cases, cases shall be considered “related” when they share at least one common asserted patent.

Applies to

Notice of related cases

Must include

caption, judge name, case number

A Notice of Related Cases must include the caption, case number, and presiding judge for each related case.

The Notice of Related Cases shall indicate the case caption, case number, and presiding Judge of any related case.

Applies to

Pleading motion or submission

Must include

caption

Pleadings, motions, and submissions must be endorsed with the case style and document name.

A pleading, motion, or other submission shall be typed or printed in 12-point or larger font (including footnotes), double-spaced, on paper sized 8½” x 11” with one-inch margins on all sides and shall be endorsed with the style of the case and the descriptive name of the document.

Applies to

Jury instructions

Disputed preliminary or final jury instructions must cite prior jury instructions from this Court.

Preliminary and Final Jury Instructions with disputed language must include citations to prior jury instructions given by this Court.

Applies to

Proposed final judgment

Parties must file a joint proposed final judgment within 14 days after a jury verdict.

Parties shall file a joint proposed final judgement within 14 days of a jury verdict.

Applies to

Joint motion for scheduling order

Parties must move to enter an agreed scheduling order, and if no agreement is reached they must file a separate joint motion outlining disputed positions, with plaintiff responsible for timely joint filings absent agreement.

The Parties shall file a motion to enter an agreed Scheduling Order. If the parties cannot agree, the parties shall submit a separate Joint Motion for entry of Scheduling Order briefly setting forth their respective positions on items where they cannot agree. Absent agreement of the parties, the Plaintiff shall be responsible for the timely submission of this and other Joint filings.

Applies to

Preliminary infringement contentions

Preliminary infringement contentions must include a claim chart, earliest priority dates, and specified supporting invention and prosecution-history documents.

Plaintiff serves preliminary 13 infringement contentions in the form of a chart setting forth where in the accused product(s) each element of the asserted claim(s) are found. Plaintiff shall also identify the earliest priority date (i.e., the earliest date of invention) for each asserted claim and produce: (1) all documents evidencing conception and reduction to practice for each claimed invention, and (2) a copy of the file history for each patent in suit.

Applies to

Preliminary invalidity contentions

Preliminary invalidity contentions must include specified charts and legal identifications, plus production of referenced prior art and technical operation documents.

Defendant serves preliminary invalidity contentions in the form of (1) a chart setting forth where in the prior art references each element of the asserted claim(s) are found, (2) an identification of any limitations the Defendant contends are indefinite or lack written description under section 112, and (3) an identification of any claims the Defendant contends are directed to ineligible subject matter under section 101. Defendant shall also produce (1) all prior art referenced in the invalidity contentions, and (2) technical documents, including software where applicable, sufficient to show the operation of the accused product(s).

Applies to

Amended preliminary contentions

Amendments to preliminary infringement or invalidity contentions without leave require counsel certification of reasonable preparation efforts and newly identified material, and must be made seasonably.

The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave of court so long as counsel certifies that it undertook reasonable efforts to prepare its preliminary contentions and the amendment is based on material identified after those preliminary contentions were served and should do so seasonably upon identifying any such material.

Applies to

Motion for leave to add patent claims

Adding patent claims by amendment requires leave of court.

Any amendment to add patent claims requires leave of court so that the Court can address any scheduling issues.

Applies to

Extrinsic evidence disclosure

Extrinsic-evidence disclosures must identify relied-on experts, expected testimony topics, and each evidence item by production number or copy.

Parties disclose extrinsic evidence. The parties shall disclose any extrinsic evidence, including the identity of any expert witness they may rely upon with respect to claim construction or indefiniteness. With respect to any expert identified, the parties shall identify the scope of the topics for the witness’s expected testimony. 14 With respect to items of extrinsic evidence, the parties shall identify each such item by production number or produce a copy of any such item if not previously produced.

Applies to

Joint claim construction statement

Parties must submit a Joint Claim Construction Statement.

Parties submit Joint Claim Construction Statement and email the law clerks an editable copy.

Applies to

Docket notification

Parties must docket a notification of asserted-patent or claim changes within seven days, including a complete list, with timing deferred until leave is granted when leave is required.

From this date onwards, the parties are obligated to notify the Court of any changes to the asserted patents or claims. Such notification shall be filed on the docket within seven (7) days of the change and shall include a complete listing of all asserted patents and claims. If a change to the asserted patents or claims requires leave of court (for example, if a party is moving for leave to assert additional claims), notification shall not be required until the Court grants leave, at which point the notification must be filed within seven (7) days.

Applies to

Joint notice

Parties must file a joint notice identifying remaining objections to pretrial disclosures and motions in limine disputes.

File joint notice identifying remaining objections to pretrial disclosures and disputes on motions in limine.

Applies to

Status report

Must include

judge name, case number

Status reports required for transfer motions at multiple deadlines relative to Markman hearings.

All parties who have filed a motion to transfer shall provide the Court with a status report indicating whether the motion has been fully briefed at each of the following times: 1) when the motion to transfer becomes ready for resolution,; 2) at 4 weeks before the Markman hearing date if the motion to transfer remains unripe for resolution; and 3) if there are multiple Markman hearings, the status report is due 6 weeks before the first scheduled Markman hearing.

Applies to

Motion to dismiss

Must include

certificate section

Certification of compliance required with motion to dismiss indirect/willful infringement.

The party moving to dismiss must attach a certification of compliance with this OGP to its motion to dismiss.

Applies to

Markman brief

Must include

patents in suit, joint claim construction statement

Markman briefs must include patents-in-suit and editable Joint Claim Construction Statement.

For Markman briefs, the parties should also include a copy of all patents-in-suit and an editable copy of the Joint Claim Construction Statement.

Applies to

Joint claim construction statement

Must include

word version emailed to law clerk

Word version of Joint Claim Construction Statement, Protective Order, or Scheduling Order must be emailed to law clerk.

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.

Applies to

Non dispositive motion

Must include

proposed order

Proposed Order required for all non-dispositive motions (without "Proposed" in title).

For all non-dispositive motions, the parties shall submit a proposed Order. The proposed Order shall omit the word “Proposed” from the title.

Applies to

Non dispositive motion

Must include

proposed order

Proposed Order required for all non-dispositive motions.

For all non-dispositive motions, the parties shall submit a proposed Order.

Applies to

Proposed final judgment

Must include

joint filing, editable version for disputes

Joint proposed final judgment must be filed within 14 days of jury verdict, with editable version for disputed language.

Parties shall file a joint proposed final judgement within 14 days of a jury verdict. If one party disputes the language of the order, then that party shall send an editable version of the proposed order to the Court's law clerk with the disputed language in red and blue text. The Court discourages the parties from providing extensive substantive argument in the editable version of the proposed judgment.

Applies to

Preliminary inFRINGEMENT contentions

Must include

chart format, file history copies, priority date identification +1 more

Plaintiff must serve preliminary infringement contentions 7 days before CMC with specific content requirements.

7 days before CMC Plaintiff serves preliminary 13 infringement contentions in the form of a chart setting forth where in the accused product(s) each element of the asserted claim(s) are found. Plaintiff shall also identify the earliest priority date (i.e., the earliest date of invention) for each asserted claim and produce: (1) all documents evidencing conception and reduction to practice for each claimed invention, and (2) a copy of the file history for each patent in suit.

Applies to

Preliminary invalidity contentions

Must include

chart format, prior art producing, technical documents +3 more

Defendant must serve preliminary invalidity contentions 7 weeks after CMC with specific content requirements.

7 weeks after CMC Defendant serves preliminary invalidity contentions in the form of (1) a chart setting forth where in the prior art references each element of the asserted claim(s) are found, (2) an identification of any limitations the Defendant contends are indefinite or lack written description under section 112, and (3) an identification of any claims the Defendant contends are directed to ineligible subject matter under section 101. Defendant shall also produce (1) all prior art referenced in the invalidity contentions, and (2) technical documents, including software where applicable, sufficient to show the operation of the accused product(s).

Applies to

Proposed claim constructions

Parties must exchange proposed claim constructions 11 weeks after CMC.

11 weeks after CMC Parties exchange proposed claim constructions.

Applies to

Extrinsic evidence disclosure

Must include

item copies, expert identity, testimony scope +1 more

Parties must disclose extrinsic evidence and expert witnesses 12 weeks after CMC with specific requirements.

12 weeks after CMC Parties disclose extrinsic evidence. The parties shall disclose any extrinsic evidence, including the identity of any expert witness they may rely upon with respect to claim construction or indefiniteness. With respect to any expert identified, the parties shall identify the scope of the topics for the witness's expected testimony. 14 With respect to items of extrinsic evidence, the parties shall identify each such item by production number or produce a copy of any such item if not previously produced.

Applies to

Claim construction meet and confer

Parties must meet and confer to narrow disputed terms 13 weeks after CMC.

13 weeks after CMC Deadline to meet and confer to narrow terms in dispute and exchange revised list of terms/constructions.

Applies to

Joint claim construction statement

Parties must submit Joint Claim Construction Statement and email editable copy to law clerks within 3 business days after sur-reply.

3 business days after Parties submit Joint Claim Construction Statement and email the law clerks an editable copy.

Applies to

Notification

Must include

judge name, case number

Parties must notify court within 7 days of any changes to asserted patents or claims.

From this date onwards, the parties are obligated to notify the Court of any changes to the asserted patents or claims. Such notification shall be filed on the docket within seven (7) days of the change and shall include a complete listing of all asserted patents and claims. If a change to the asserted patents or claims requires leave of court (for example, if a party is moving for leave to assert additional claims), notification shall not be required until the Court grants leave, at which point the notification must be filed within seven (7) days.

Applies to

Notice of transcript request

Must include

judge name, case number

Notice of request for daily transcript or real-time reporting due 47 weeks after Markman hearing.

47 weeks after Markman hearing File Notice of Request for Daily Transcript or Real Time Reporting. If a daily transcript or real time reporting of court proceedings is requested for trial, the party or parties making said request shall file a notice with the Court and email the Court Reporter, Kristie Davis at kmdaviscsr@yahoo.com

Applies to

Proposed claim constructions

Parties must exchange proposed claim constructions 11 weeks after CMC.

11 weeks after CMC Parties exchange proposed claim constructions.

Applies to

Case readiness status report

CRSR must identify all related CRSR cases.

The CRSR shall be filed in each case and identify all other CRSR Related Cases.

Applies to

Proposed order

Must include

proposed order

Within 7 days of a discovery hearing, parties must email a joint proposed order to the law clerk with specified content; failure waives appeal rights.

Written Order. Within 7 days of the discovery hearing, the parties shall email a joint proposed order to the Court’s law clerk that includes the parties’ positions from their dispute chart, the parties’ requested relief, and the parties’ understanding of the Court’s ruling so that the arguments and outcome can be docketed. Parties shall send an editable version of the proposed order to the Court’s law clerk with any disputed language in red and blue text. Failure to provide a proposed written order for the docket results in waiver of the dispute for appeal.

Applies to

Status report

Parties with motions to transfer must file status reports indicating if the motion is fully briefed at specified times.

All parties who have filed a motion to transfer shall provide the Court with a status report indicating whether the motion has been fully briefed at each of the following times: 1) when the motion to transfer becomes ready for resolution,; 2) at 4 weeks before the Markman hearing date

Applies to

Motion to dismiss

Must include

certificate of conference

Motions to dismiss indirect/willful infringement must include a certification of compliance with meet and confer requirement.

The party moving to dismiss must attach a certification of compliance with this OGP to its motion to dismiss.

Applies to

Agreement to dismiss

Agreements to dismiss indirect/willful infringement claims must be filed as joint notices, not motions.

An agreement to dismiss under this section shall be filed as a joint notice instead of as a motion.

Applies to

Patent case

Plaintiff must file a Notice of Related Cases on the day of filing a patent case.

When filing a patent case, the Plaintiff shall file a “Notice of Related Cases” on the day of filing the patent case. For the Notice of Related Cases, cases shall be considered “related”

Applies to

Non dispositive motion

Must include

proposed order

Proposed order required for all non-dispositive motions, with “Proposed” omitted from the title.

For all non-dispositive motions, the parties shall submit a proposed Order. The proposed Order shall omit the word “Proposed” from the title.

Applies to

Jury instructions

Jury instructions with disputed language must cite prior instructions from this Court; editable versions with disputed text in red/blue must be sent to the Court’s law clerk.

Preliminary and Final Jury Instructions with disputed language must include citations to prior jury instructions given by this Court. Instructions should exactly track the language of prior instructions to the extent possible. Language from the Court’s most recent Jury Instructions is preferred. Parties shall send an editable version of the proposed instructions to the Court’s law clerk with the disputed language in red and blue text.

Applies to

Proposed final judgment

Joint proposed final judgment must be filed within 14 days of jury verdict; disputed orders require editable version sent to law clerk with red/blue disputed text, no extensive substantive argument.

Parties shall file a joint proposed final judgement within 14 days of a jury verdict. If one party disputes the language of the order, then that party shall send an editable version of the proposed order to the Court’s law clerk with the disputed language in red and blue text. The Court discourages the parties from providing extensive substantive argument in the editable version of the proposed judgment.

Applies to

Preliminary infringement contentions

Plaintiff must serve preliminary infringement contentions 7 days before CMC, including claim element chart, priority date, conception/reduction to practice documents, and patent file history.

7 days before CMC Plaintiff serves preliminary infringement contentions in the form of a chart setting forth where in the accused product(s) each element of the asserted claim(s) are found. Plaintiff shall also identify the earliest priority date (i.e., the earliest date of invention) for each asserted claim and produce: (1) all documents evidencing conception and reduction to practice for each claimed invention, and (2) a copy of the file history for each patent in suit.

Applies to

Motion to enter scheduling order

Parties must file motion to enter agreed scheduling order 2 weeks after CMC; if disputed, joint motion with positions; plaintiff responsible for joint filings if no agreement.

2 weeks after CMC The Parties shall file a motion to enter an agreed Scheduling Order. If the parties cannot agree, the parties shall submit a separate Joint Motion for entry of Scheduling Order briefly setting forth their respective positions on items where they cannot agree. Absent agreement of the parties, the Plaintiff shall be responsible for the timely submission of this and other Joint filings.

Applies to

Preliminary invalidity contentions

Defendant must serve preliminary invalidity contentions 7 weeks after CMC, including prior art chart, 112/101 contentions, prior art references, and technical documents.

7 weeks after CMC Defendant serves preliminary invalidity contentions in the form of (1) a chart setting forth where in the prior art references each element of the asserted claim(s) are found, (2) an identification of any limitations the Defendant contends are indefinite or lack written description under section 112, and (3) an identification of any claims the Defendant contends are directed to ineligible subject matter under section 101. Defendant shall also produce (1) all prior art referenced in the invalidity contentions, and (2) technical documents, including software where applicable, sufficient to show the operation of the accused product(s).

Applies to

Claim terms for construction

Parties must exchange claim terms for construction 9 weeks after CMC.

9 weeks after CMC Parties exchange claim terms for construction.

Applies to

Preliminary infringement contentions

Preliminary infringement contentions may be amended without leave with counsel certification; adding patent claims requires leave of court.

The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave of court so long as counsel certifies that it undertook reasonable efforts to prepare its preliminary contentions and that the amendment is based on material identified after those preliminary contentions were served and should do so seasonably upon identifying any such material. Any amendment to add patent claims requires leave of court so that the Court can address any scheduling issues.

Applies to

Joint claim construction statement

Parties must submit a Joint Claim Construction Statement within 3 business days of sur-reply submission.

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

Applies to

Joint report

Parties must file a Joint Report within 5 business days of the second meet and confer to narrow claims and prior art references.

The parties shall file a Joint Report within 5 business days regarding the results of the meet and confer.

Applies to

Joint notice of remaining objections

Parties must file a joint notice 3 business days before Final Pretrial Conference identifying remaining objections to pretrial disclosures and motions in limine disputes.

3 business days before File joint notice identifying remaining objections to pretrial disclosures and disputes on motions in limine.

Applies to

Notification of change to asserted patents claims

Parties must notify the Court of any changes to asserted patents or claims, with the notification including a complete listing of all asserted patents and claims and filed within 7 days of the change or court grant of leave.

From this date onwards, the parties are obligated to notify the Court of any changes to the asserted patents or claims. Such notification shall be filed on the docket within seven (7) days of the change and shall include a complete listing of all asserted patents and claims. If a change to the asserted patents or claims requires leave of court (for example, if a party is moving for leave to assert additional claims), notification shall not be required until the Court grants leave, at which point the notification must be filed within seven (7) days.

Applies to

Pretrial submissions

Pretrial Submissions must include exhibits lists, witness lists, jury instructions, and discovery/deposition designations.

46 weeks after Markman File Joint Pretrial Order and Pretrial Submissions (jury instructions, exhibits lists, witness lists, discovery and deposition designations); file oppositions to motions in limine.

Applies to

Joint pretrial order

Memoranda on disputed legal issues must be attached to joint pretrial order for jury trials.

a. If the parties dispute any issues of law, each party shall attach to the joint pretrial order a memorandum addressing those issues.

Applies to

Pretrial order

All exhibit lists must be attached to the Joint Pretrial Order.

Counsel shall attach the list(s) of all exhibits to be offered to the joint pretrial order.

Applies to

Pretrial order

Joint Pretrial Orders must include separate attachments including exhibit lists, witness lists, and case-related statements.

The Joint Pretrial Order shall contain the following as separate attachments: appearance of counsel, joint statement of the case, contentions of the parties, exhibits/exhibit list, witness/witness list, agreed jury charge (or agreed charge with disputed language notated as directed by this Order), proposed voir dire questions (if applicable), memoranda on disputed issues of law (if applicable), and proposed findings of fact and conclusions of law (if applicable).

Applies to

Pretrial order

Must include

signature block

Joint Pretrial Orders must be signed by all counsel of record.

Joint pretrial orders shall be signed by all counsel.

Applies to

Joint pretrial order

Two versions of agreed jury charge must be attached to joint pretrial order for jury trials.

Two (2) versions of an agreed jury charge, including proposed jury instructions, definitions, and interrogatories, shall be attached to the joint pretrial order and filed.

Applies to

Agreed jury charge

Agreed jury charge version marked “requested” must include citations for each proposed instruction.

One version shall be marked “requested” and shall include citation of authority for each proposed instruction in the charge.

Applies to

Agreed jury charge

Second agreed jury charge version marked “charge and interrogatories” must omit citations and include foreperson initials/date line.

The other version shall be marked “charge and interrogatories,” and counsel shall omit from it all citations and authorities while adding a line for the jury foreperson’s initials and date.

Applies to

Joint pretrial order

Voir dire questions must be attached to joint pretrial order for jury trials.

a. A copy of each party’s proposed questions for the judge to use in voir dire examination shall be attached to the joint pretrial order.

Applies to

Joint pretrial order

Motions in limine must be attached to joint pretrial order for jury trials.

a. A copy of each party’s Motion in Limine shall be attached to the joint pretrial order. Any Motions in Limine will be addressed at the final pretrial conference or immediately before the start of trial.

Applies to

Proposed findings conclusions

Proposed findings must separate agreed/disputed items; conclusions of law must cite supporting authority.

Proposed findings of fact and conclusions of law shall be in a form suitable for ruling from the bench after closing arguments. Counsel shall separate agreed findings and conclusions from those that are in dispute. Conclusions of law shall cite supporting authority.

Applies to

Proposed findings conclusions

Post-trial proposed findings must include record citations, be in Microsoft Word, and submitted via email.

After the non-jury trial, counsel shall submit proposed final findings of fact and conclusions of law, with record citations supporting each finding of fact and conclusion of law, as applicable. Each party shall submit proposed final findings of fact and conclusions of law via email, in Microsoft Word format, to TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov, at least three days before the final pretrial conference.

Applies to

Panelist list

Parties requesting remote Zoom testimony must submit a panelist list including names and emails of all remote witnesses and screen sharers to the Courtroom Deputy for whitelisting.

Trial parties that are requesting remote testimony via Zoom must communicate this request and send a list of people’s names and email addresses to the Courtroom Deputy to be whitelisted as a panelist. This list should include anybody that will be giving remote testimony over Zoom and anyone screen sharing evidence in the courtroom.

Applies to

Appendix

Must include

exhibit list

Parties must place relied-upon evidence in a compliant appendix.

A party who relies on evidence or other factual material to support or oppose a filing must place that material in an appendix that complies with this order.

Applies to

Brief

Briefs must cite the appendix's App.__ pagination to specific pages, not entire items.

Parties must cite the App.__ pagination in their briefing, to the specific page(s) supporting each assertion. Do not cite an entire item when a specific page will do.

Applies to

Appendix

Must include

certificate of compliance

The filing accompanying an appendix must include a certificate of compliance; non-compliant appendices may be stricken.

The filing that an appendix accompanies and supports must contain a certificate of compliance stating that the appendix complies with this order. The Court may strike or require the correction of a non-compliant appendix.

Applies to

Certificate

Must include

ai disclosure

All parties using generative AI to draft or assist in drafting pleadings must include a Certificate of Generative Artificial Intelligence Usage disclosing AI use, certifying accuracy verification, and certifying no confidential disclosure; applies to civil, criminal, and pro se cases.

If counsel utilizes generative artificial intelligence to draft or assist in drafting a pleading, counsel must include with the pleading a “Certificate of Generative Artificial Intelligence Usage,” an example of which is appended to this Standing Order as Appendix C. The certificate must disclose the use of generative artificial intelligence and certify that counsel has independently verified the accuracy of any portion of the document drafted or assisted by the tool. Counsel must further certify that the use of generative artificial intelligence has not resulted in the disclosure of confidential or privileged information to an unauthorized party. The Court hereby extends the certification requirements of Section 11(a) to parties appearing before the Court in all cases, including civil cases. An example of such certificate is appended to this Order as Appendix A.

Applies to

Motion to dismiss

Must include

certificate of conference

Motion to Dismiss must include Certificate of Conference or will be struck.

The Court will strike any Federal Rule 12(b) Motion to Dismiss if it does not contain the required Certificate of Conference, which may preclude its re-filing given the time limits prescribed in Federal Rule 12(a).

Applies to

Non dispositive motion

Must include

certificate of conference

Non-dispositive motions must include Certificate of Conference or will be struck.

The Court will strike non-dispositive motions that do not include a Certificate of Conference. W.D. Tex. Civ. R. 7(g).

Applies to

Motion

All motion facts must be in numbered paragraphs with specific record citations.

The facts set forth in any motion shall be stated in separately numbered paragraphs with citation to a particular pleading or other part of the record supporting the party’s statement. All positions and statements contained in the body of any motion or any responses must contain specific cites to the record supporting the party’s statement. The Court will not search the record for evidence and may not consider any evidence that is not specifically cited in the parties’ briefs.

Applies to

Motion

Motion must include argument and citations; separate memorandum not allowed.

A party should not file a Motion and separate “Memorandum of Law.” The Motion, itself, should include the party’s argument and citation authority supporting the relief it seeks.

Applies to

Notice of removal

Must include

judge name, case number, certificate of service +1 more

Complete diversity required for federal jurisdiction in diversity cases; removing party must demonstrate it.

Under 28 U.S.C. § 1332 there must be complete diversity between plaintiffs and defendants. Complete diversity requires that all persons on one side of the controversy be citizens of different states from all persons on the other side. The party asserting federal jurisdiction in a diversity action has the burden to demonstrate complete diversity. Howery v. Allstate Ins. Co., 243 F.3d 912, 916 (5th Cir. 2001). Parties must make “clear, distinct, and precise affirmative jurisdictional allegations.” MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 313 (5th Cir. 2019).

Applies to

Notice of removal

Must include

judge name, case number, certificate of service +1 more

For individuals, notice of removal must plead citizenship, not just residence.

For individuals, pleading residence is insufficient; the notice of removal must plead their citizenship. MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 313 (5th Cir. 2019).

Applies to

Notice of removal

Must include

judge name, case number, certificate of service +1 more

For LLCs and partnerships, citizenship must be traced through all members/partners to establish diversity jurisdiction.

The citizenship of a limited-liability business organization is determined by the citizenship of its members. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). Similarly, the citizenship of a partnership is determined by the citizenship of all its partners. Carden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990); Corfield v. Dallas Glen Hills, L.P., 355 F.3d 853, 856 n.3 (5th Cir. 2003). “A party seeking to establish diversity jurisdiction must specifically allege the citizenship of every member of every LLC or partnership involved in a litigation.” Settlement Funding, L.L.C. v. Rapid Settlements, Ltd., 851 F.3d 530, 536 (5th Cir. 2017). When members or partners are themselves entities or associations, citizenship must be traced through however many layers of members/partners there are until arriving at the entity that is not a limited liability entity or partnership and identifying its citizenship status. See Mullins v. TestAmerica, Inc., 564 F.3d 386, 397-98 (5th Cir. 2009).

Applies to

Notice of removal

Must include

judge name, case number, certificate of service +1 more

Corporations are citizens of their state(s) of incorporation and principal place of business (nerve center test).

A corporation is a citizen of its state(s) of incorporation and of the state in which its principal place of business is located, as determined by the “nerve center” test. 28 U.S.C. § 1332(c)(1); Lincoln Property Co. v. Roche, 546 U.S. 81 (2005); Hertz Corp. v. Friend, 559 U.S. 77 (2010). The removing party must allege both a corporation’s state of incorporation and its principal place of business. MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 314 (5th Cir. 2019).

Applies to

Notice of removal

Must include

judge name, case number, certificate of service +1 more

Removing party must supplement record with all state court pleadings, filings, and docket sheet.

Pursuant to 28 U.S.C. § 1447(b) the removing party(ies) shall supplement the record with all state court pleadings and filings. The supplement shall include the docket sheet from the state court.

Applies to

Notice of removal

Must include

judge name, case number, certificate of service +1 more

Failure to properly plead citizenship of all parties may result in remand without further notice.

If the case has been removed on the basis of diversity jurisdiction under 28 U.S.C. § 1332, the removing party has the burden to demonstrate there is complete diversity by properly pleading the citizenship of all parties as discussed previously. Failure to supplement the record with proper citizenship allegations may result in remand of this action by the Court without further notice.

Applies to

Motion

Must include

judge name, case number, certificate of service +1 more

Motions filed in state court before removal must be re-filed in federal court.

Any motion filed in the state court before removal that still requires resolution in this Court must be re-filed as a new motion in this Court.

Applies to

Pretrial order

Must include

judge name, case number, certificate of service +1 more

Pretrial objections to exhibits required; failure to raise at Pretrial Conference may waive objections at trial.

The Court requires pretrial objections to the authenticity and admissibility of exhibits. The Court will address all evidentiary objections at the Final Pretrial Conference. The Court strongly favors the admission of all exhibits at the Pretrial Conference. A party’s failure to address any evidentiary objection at the Pretrial Conference could be cause for waiver of this objection during trial.

Applies to

Motion to dismiss

Must include

certificate of conference

Motion to Dismiss without Certificate of Conference will be struck and may not be refiled.

The Court will strike any Federal Rule 12(b) Motion to Dismiss if it does not contain the required Certificate of Conference, which may preclude its re-filing given the time limits prescribed in Federal Rule 12(a).

Applies to

Non dispositive motion

Must include

certificate of conference

Non-dispositive motions without Certificate of Conference will be struck.

The Court will strike non-dispositive motions that do not include a Certificate of Conference. W.D. Tex. Civ. R. 7(g).

Applies to

Exhibit

Pretrial objections to exhibits required; failure to object at pre-trial conference may waive objections at trial.

The Court requires pretrial objections to the authenticity and admissibility of exhibits. The Court will address all evidentiary objections at the Final Pre-trial Conference. The Court strongly favors the admission of all exhibits at the Pre-trial Conference. A party's failure to address any evidentiary objection at the Pre-trial Conference could be cause for waiver of this objection during trial.

Applies to

State court record

Must include

case number, docket sheet

Removing party must file complete state court record including docket sheet within 7 days of removal.

Pursuant to 28 U.S.C. § 1447(b) the removing party(ies) shall supplement the record with all state court pleadings and filings. The supplement shall include the docket sheet from the state court.

Applies to

Removal petition

Must include

citizenship allegations

Removing party must properly plead citizenship of all parties in diversity cases; failure may result in remand without notice.

If this case has been removed on the basis of diversity jurisdiction under 28 U.S.C. § 1332, the removing party has the burden to demonstrate there is complete diversity by properly pleading the citizenship of all parties as discussed previously. Failure to supplement the record with proper citizenship allegations may result in remand of this action by the Court without further notice.

Applies to

Motion

Must include

re filing

Motions pending in state court at time of removal must be re-filed in federal court.

Any motion filed in the state court before removal that still requires resolution in this Court must be re-filed as a new motion in this Court.

Applies to

Report of parties planning meeting

Must include

caption, case number

Report of Parties’ Planning Meeting due within 45 days of first defendant appearance or removal.

Pursuant to the Court's Standing Order on Pretrial Deadlines, the parties are to file the Report of Parties’ Planning Meeting within forty-five days of the appearance of the first defendant in the case (which includes a defendant’s filing of a motion to dismiss) or within forty-five days of removal. Failure to submit the Report will result in the Court issuing a notice to show cause.

Applies to

Motion

Must include

proposed order

Scheduling order modifications must be filed as motions.

All requests for modification of the scheduling order must be made in the form of a motion to the Court.

Applies to

Report of parties planning meeting

Must include

certificate of conference

Initial disclosures not required; Rule 26(f) conference and report required 21 days before planning meeting.

No. Except in categories of proceedings exempted from initial disclosure under Federal Rule of Civil Procedure 26(a)(1)(B), the parties must, as soon as practicable and in any event at least twenty-one days before the Report of Parties’ Planning Meeting is due under Rule 16(b), confer to consider all matters required by Rule 26(f). The parties’ Rule 26(f) written report outlining their proposed discovery plan should be included in the Report of Parties’ Planning Meeting.

Applies to

Notice of adr

Must include

caption, case number

ADR required in almost all civil cases with deadline set in scheduling order.

Alternative dispute resolution is required in almost all civil cases. The deadline by which ADR is to be completed is set in the Court's Scheduling Order. Further, the Scheduling Order also sets the date by which the parties must schedule the alternative dispute resolution and provide the Court with notice of the name of the ADR provider and the scheduled date for the ADR.

Applies to

Notice of removal

Must include

exhibits

Removed cases must include all state court documents and docket sheet.

The party removing the action from state court should ensure that all documents previously filed in state court are attached to the removal documents. A copy of the state court docket sheet should be included.

Applies to

Letter brief

Must include

prohibited

Letter briefs are prohibited in civil cases.

Letter briefs should not be submitted.

Applies to

Juror questionnaire

Must include

proposed order

Juror questionnaires must be provided to Court no later than 60 days before trial.

The proposed questionnaire should be provided to the Court as soon as possible, but no later than sixty days before trial.

Applies to

Exhibit

Must include

exhibit list

Exhibits must be labeled and exchanged with opposing parties before trial.

All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked with gummed labels or tags that identify them by the exhibit number under which they will be offered at trial, and must be exchanged with opposing parties pursuant to the Court's Trial Preparation Order.

Applies to

Exhibit

Must include

chambers copy

Two copies of exhibits must be provided to Court before pre-trial status conference.

Two copies of such exhibits must be furnished to the Court prior to the pre-trial status conference.

Applies to

Deposition

Must include

chambers copy

Depositions to be used as exhibits must be provided to courtroom deputy before trial.

Before trial, counsel must provide the courtroom deputy with a copy of all depositions to be used as exhibits at trial.

Applies to

Deposition objection

Objections to deposition excerpts must be filed at least 3 business days before trial.

Objections to those portions (citing pages and lines) with supporting authority must be filed at least three (3) business days before trial.

Applies to

Discovery motion

Must include

local rule certificate

Discovery must comply with Local Rule AT-4.

Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4.

Applies to

Trial exhibit

Must include

exhibit number

Trial exhibits must be marked and exchanged at least 3 days before trial.

All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked before trial with an exhibit number, and be exchanged with opposing parties at least three days before the date of the trial setting.

Applies to

Sentencing objection

Must include

certificate of service

Objections to PSIR/Guideline Worksheet must be submitted to Probation Officer first.

Objections to the Presentence Investigation Report or Guideline Worksheet shall be submitted to the Probation Officer. If the Probation Officer does not modify the PSIR or Guideline Worksheet and the objection remains unresolved, counsel shall file a Sentencing Memorandum outlining the unresolved objection, along with any authorities relied upon and sentencing recommendations for the Court’s consideration.

Applies to

Sentencing memorandum

Must include

filing deadline

Sentencing Memorandum must be filed at least 3 days before sentencing hearing.

The Sentencing Memorandum should be filed with the District Clerk’s Office as least three days prior to any sentencing hearing.

Applies to

Sentencing memorandum

Must include

certificate of service

Sentencing Memorandum must be provided to Probation Officer and opposing counsel.

Counsel shall provide a copy of the Sentencing Memorandum to the Probation Officer and opposing counsel.

Applies to

Motion

Must include

separate document required

Response and motion must be filed as separate documents.

Do not submit a response and a motion together in one document.

Applies to

Motion to suppress

Must include

background statement of uncontested facts

Motions to Suppress must include background statement of uncontested facts.

Motions to Suppress should contain a background statement of uncontested facts.

Applies to

Trial date modification request

Must include

written request required

Requests to modify trial dates must be made in writing.

Any request that a trial date be modified must be made in writing.

Applies to

Trial date modification

Must include

hearing may be required, written request required, opposing counsel conference required

Trial date modification requests must be in writing with opposing counsel conference, and may require hearing if no agreement.

Any request that a trial date be modified must be made in writing. The party seeking the continuance must confer with the opposing side. If there is an agreement, the Court usually approves a continuance. If there is no agreement, the Court holds a hearing.

Applies to

Juror questionnaire

Must include

proposed questionnaire

Juror questionnaires must be submitted no later than 60 days before trial.

The Court will consider requests for the use of juror questionnaires. The proposed questionnaire should be provided to the Court as soon as possible, but no later than sixty days before trial.

Applies to

Deposition

Must include

copy to deputy, portion designation, objections with authority

Depositions may be used by agreement; must provide copies to deputy, designate portions, 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. 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. Use of videotape depositions is permitted to the extent the parties agree on admissibility or edit to resolve objections.

Applies to

Exhibits

Must include

inventory signature, preservation for appeal

Exhibits returned at trial end; counsel must sign inventory and preserve exhibits for appeal.

At the conclusion of trial, the courtroom deputy will approach counsel and return all physical exhibits. Counsel will be required to sign an Inventory of Exhibits. Counsel is responsible for maintaining exhibits in an unaltered and safe manner for appeal.

Applies to

Plea agreement

Must include

signed agreement provided to deputy, client conference before rearraignment

Counsel must confer with clients before rearraignment and provide signed plea agreements to deputy in advance.

Counsel should thoroughly confer with their clients BEFORE the rearraignment regarding any plea. Plea agreements should be completely signed (and copies provided to the courtroom deputy) well in advance of the hearing.

Applies to

Report of parties planning meeting

Must include

caption, case number

Report of Parties' Planning Meeting due within 45 days of first defendant appearance or removal

Pursuant to the Court's Standing Order on Pretrial Deadlines, the parties are to file the Report of Parties' Planning Meeting within forty-five days of the appearance of the first defendant in the case (which includes a defendant's filing of a motion to dismiss) or within forty-five days of removal. Failure to submit the Report will result in the Court issuing a notice to show cause.

Applies to

Motion

Must include

proposed order

Scheduling order modifications must be made by motion

All requests for modification of the scheduling order must be made in the form of a motion to the Court.

Applies to

Scheduling order

Must include

adr deadline, adr provider notification

ADR required in almost all civil cases; deadline and provider notification set in Scheduling Order

Alternative dispute resolution is required in almost all civil cases. The deadline by which ADR is to be completed is set in the Court's Scheduling Order. Further, the Scheduling Order also sets the date by which the parties must schedule the alternative dispute resolution and provide the Court with notice of the name of the ADR provider and the scheduled date for the ADR.

Applies to

Removal documents

Must include

state court docket sheet, all state court documents

Removed cases must include all state court documents and docket sheet

The party removing the action from state court should ensure that all documents previously filed in state court are attached to the removal documents. A copy of the state court docket sheet should be included.

Applies to

Letter brief

Must include

prohibited

Letter briefs are prohibited in civil cases.

Letter briefs should not be submitted.

Applies to

Exhibit

Must include

exhibit list, certificate of service

Exhibits must be marked, exchanged with opposing parties, and two copies provided to Court before pre-trial status conference.

All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked with gummed labels or tags that identify them by the exhibit number under which they will be offered at trial, and must be exchanged with opposing parties pursuant to the Court's Trial Preparation Order. Two copies of such exhibits must be furnished to the Court prior to the pre-trial status conference.

Applies to

Deposition

Must include

proposed order, certificate of service

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.

Applies to

Trial exhibit

Must include

exhibit list

Trial exhibits must be marked and exchanged with opposing parties at least 3 days before trial.

All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked before trial with an exhibit number, and be exchanged with opposing parties at least three days before the date of the trial setting.

Applies to

Sentencing memorandum

Must include

certificate of service

Objections to PSIR/Guideline Worksheet must first be submitted to Probation Officer, then filed as Sentencing Memorandum if unresolved.

Objections to the Presentence Investigation Report or Guideline Worksheet shall be submitted to the Probation Officer. If the Probation Officer does not modify the PSIR or Guideline Worksheet and the objection remains unresolved, counsel shall file a Sentencing Memorandum outlining the unresolved objection, along with any authorities relied upon and sentencing recommendations for the Court's consideration.

Applies to

Sentencing memorandum

Must include

certificate of service

Sentencing Memorandum must be filed at least 3 days before sentencing hearing.

The Sentencing Memorandum should be filed with the District Clerk's Office as least three days prior to any sentencing hearing.

Applies to

Sentencing memorandum

Must include

certificate of service

Sentencing Memorandum must be served on Probation Officer and opposing counsel.

Counsel shall provide a copy of the Sentencing Memorandum to the Probation Officer and opposing counsel.

Applies to

Motion

Response and motion must be filed as separate documents.

Do not submit a response and a motion together in one document.

Applies to

Motion to suppress

Motions to Suppress must include a background statement of uncontested facts.

Motions to Suppress should contain a background statement of uncontested facts.

Applies to

Preliminary inringement contentions

Must include

certificate of service

Preliminary Infringement Contentions must be served within 30 days of defendant's appearance.

Within thirty (30) days after the appearance of any defendant, 1 a party claiming patent infringement shall serve on all parties its Preliminary Infringement Contentions, which shall contain the following information:

Applies to

Report of parties planning meeting

Must include

certificate of service

Parties must jointly submit RPPM within 45 days of any defendant's appearance.

Pursuant to Local Rule CV-16(a), the parties shall meet, confer, and jointly submit a Report of Parties’ Planning Meeting (“RPPM”), in the form prescribed by Appendix A to this Order within forty-five (45) days after the appearance of any defendant.

Applies to

Claim construction opening brief

Must include

exhibits

Opening briefs must include all asserted patents as searchable PDF exhibits.

The Court will require non-simultaneous Markman briefing. On or before the deadline set for Claim Construction Opening Briefs, each party claiming patent infringement shall file a brief and any evidence supporting its claim construction. All asserted patents shall be attached as exhibits to the opening claim construction brief in searchable PDF form.

Applies to

Preliminary infr

Parties must certify service of Preliminary Infringement Contentions with dates.

All parties claiming patent infringement certify that they served their Preliminary Infringement Contentions on [list all other parties and specify the date on which each was served].

Applies to

Scheduling order

Parties must file joint proposed scheduling order.

What is the court's procedure for issuance of scheduling orders in civil cases? Parties are to file a Joint Proposed Scheduling Order. If a Joint Proposed Scheduling Order is not submitted, the court will issue a scheduling order.

Applies to

Motion

Must include

proposed order

File motion with proposed order to modify scheduling order.

What is the court's procedure for requests for modification of scheduling orders? Parties shall file a motion with a proposed order.

Applies to

Demonstrative exhibit

Must include

exchange with adversary

Demonstratives must be exchanged within 24 hours of trial presentation.

Yes. Within 24 hours of being presented at trial.

Applies to

Deposition testimony

Must include

excerpts, page line designations

Deposition testimony excerpts with page/line designations required with pretrial materials.

Yes, page/line designations and excerpts must be submitted with pretrial materials.

Applies to

Motion

Must include

proposed order, certificate of conference

Motions must include certificate of conference and proposed order.

Motions without a certificate of conference or proposed order.

Applies to

Motion

Must include

certificate of conference

Counsel must confer on all discovery and dispositive motions and include certificate of conference.

All discovery and dispositive motions. Preferably in the title of the motion, as well as a certificate of the conference held at the end of the motion.

Applies to

Discovery motion

Must include

certificate of conference

Discovery motions must specify material sought and include certificate of conference.

Yes. Please be specific as to the material you are seeking. Include a certificate of conference.

Applies to

Objection to presentence investigation report

Objections to Presentence Investigation Report must be communicated in writing to Probation Officer only.

Communicated in writing to the Probation Officer only.

Applies to

Motion

Must include

motion for leave

Additional briefing beyond motion/response/reply requires motion for leave.

Does the court accept briefing on motions beyond the motion, response, and reply? If so, is a motion for leave of court and order required? Yes, motion and order for leave of court is required.

Applies to

Criminal case

Must include

attorney responsibility

Defense counsel must coordinate defendant's appropriate attire with U.S. Marshals before trial; jail clothing is unacceptable.

It is defense counsel’s responsibility to coordinate, prior to jury selection and/or trial, with the U.S. Marshals office or the Marshal's designee regarding the appropriate attire for a defendant to wear to court. It is unacceptable to this court for a defendant to appear in their jail clothing for jury selection and/or trial. Defense counsel is responsible for contacting family members or whomever they need to contact to assure this requirement is met.

Applies to

Rule 12(b)(6) motion

Must include

certificate of conference

Rule 12(b)(6) motions must include a Certificate of Conference.

The Rule 12(b)(6) Motion must include a Certificate of Conference expressly stating that the Defendant complied with this process and noting that the Plaintiff did not timely amend its pleading.

Applies to

Rule 12(b)(6) motion

Must include

certificate of conference

Rule 12(b)(6) motions without Certificate of Conference will be stricken.

Any Rule 12(b)(6) Motion filed without this Certificate of Conference will be stricken.

Applies to

Non-dispositive motion

Must include

certificate of conference

Non-dispositive motions without Certificate of Conference may be stricken.

The Court may strike any non-dispositive motions that do not include a Certificate of Conference. See W.D. Tex. R. CV-7(g).

Applies to

Patent trademark copyright case

Must include

certificate of filing

Counsel must file AO Form 120 or 121 for patent/trademark/copyright cases at commencement.

It is ORDERED, at the commencement of the action, counsel filing such an action shall be responsible for the timely preparation and electronic filing of the Report on the Filing or Determination of an Action Regarding a Patent or Trademark, AO Form 120, using the Notice of Filing of Patent/Trademark Form event or Report on the Filing or Determination of an Action or Appeal Regarding a Copyright, AO Form 121, using the Notice of Copyright Form, AO Form 121, through this Court’s CM/ECF system.

Applies to

Rule 7 1 disclosure statement

Must include

caption, judge name, case number

Nongovernmental corporate parties must file Rule 7.1 disclosure statement with first filing and supplement if information changes.

Any nongovernmental corporate party must file its Fed. R. Civ. P. 7.1 Disclosure Statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. If any required information changes, any nongovernmental corporate party must promptly file a supplemental statement.

Applies to

Initial disclosures

Must include

caption, judge name, case number

Rule 26(a)(1) initial disclosures must be exchanged within 14 days of this order.

If not already exchanged, the parties must serve the Rule 26(a)(1) initial disclosures on each other no later than 14 days from the date this Order is signed.

Applies to

Scheduling order

Must include

proposed order

Court requires parties to confer and submit proposed scheduling order

The Court will send the parties an order requiring them to confer and submit a proposed scheduling order to the Court. Failure to submit a proposed scheduling order will result in the Court issuing its own order.

Applies to

Rule 26f report

Must include

proposed order, certificate of service

Rule 26(f) conference required 21 days before scheduling order due date

Except in categories of proceedings exempted from initial disclosure under Fed. R. Civ. P. 26(a)(1)(E), the parties must, as soon as practicable and in any event at least 21 days before a proposed scheduling order is due, confer to consider all matters required by Rule 26(f).

Applies to

Rule 26f report

Must include

proposed order, certificate of service

Rule 26(f) report must be filed with proposed scheduling order

The parties’ Rule 26(f) written report outlining their proposed discovery plan should be filed at the same time the parties submit their proposed scheduling order.

Applies to

Removal documents

Must include

certificate of service, state court docket sheet, all state court documents

Removed cases must include all state court documents and docket sheet

The party removing the action from state court should ensure that all documents previously filed in state court are attached to the removal documents. A copy of the state court docket sheet should be included.

Applies to

Motion

Must include

certificate of service, re urge state court motion

Motions filed in state court must be re-urged in federal court

Parties must re-urge any motion that was filed in state court.

Applies to

Final joint pretrial order

Must include

proposed order, certificate of service

Final Joint Pretrial Order required with items specified in Scheduling Order

A Final Joint Pretrial Order is required. A listing of items required to be included are specified in the Scheduling Order.

Applies to

Letter brief

Letter briefs are prohibited.

Letter briefs should not be submitted.

Applies to

Motion to dismiss

Must include

separate document

Motion to dismiss and answer must be separate documents.

Do not combine a motion to dismiss and an answer in one document.

Applies to

Response

Must include

separate document

Response and motion must be separate documents.

Do not submit a response and a motion together in one document.

Applies to

Motion to amend

Must include

redline comparison

Motions to amend must include redline comparison.

Motions for leave to file an amended pleading should include a redline comparison of the proposed amended pleading against the previous version.

Applies to

Motion to dismiss

Motions to dismiss and summary judgment must include background statement of uncontested facts.

Motions to Dismiss and Motions for Summary Judgment should contain a background statement of uncontested facts.

Applies to

Motion in limine

Motions in limine must address only disputed matters.

A motion in limine must be confined to matters actually in dispute.

Applies to

Jury questionnaire

Must include

permission required

Jury questionnaires require court permission and must be submitted 60 days before trial.

Only with permission. The proposed questionnaire should be provided to the Court as soon as possible, but no later than 60 days before trial.

Applies to

Deposition

Must include

copy to chambers

Deposition procedures require 3 business days for objections and copies to Courtroom Deputy.

The Court will accept the parties' agreement to use a deposition at trial even though the witness is available. Otherwise, parties must follow Fed. R. Civ. P. 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. Use of videotape depositions is permitted to the extent the parties agree on admissibility or edit to resolve objections.

Applies to

Voluntary dismissal

Must include

judge name, case number, certificate of service

Court will sign voluntary dismissals only if all issues are resolved.

The court will sign voluntary dismissals so long as such dismissals resolve all issues.

Applies to

Discovery motion

Must include

local rule certificate

Discovery must comply with Local Rule AT-4 standards.

Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4.

Applies to

Trial exhibit

Must include

exhibit number

Trial exhibits must be marked and exchanged 3 days before trial, but not delivered to court until trial starts.

All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked before trial with an exhibit number, and be exchanged with opposing parties at least 3 days before the date of the trial setting. Unless the court advises the parties otherwise, however, they must not deliver trial exhibits, or the court's copies of such exhibits, to the court before the date the trial actually commences.

Applies to

Sentencing memorandum

Must include

unresolved objections, authorities relied upon, sentencing recommendations

Objections to PSIR/Guideline Worksheet first go to Probation Officer, then Sentencing Memorandum if unresolved.

Objections to the Presentence Investigation Report or Guideline Worksheet shall be submitted to the Probation Officer. If the Probation Officer does not modify the PSIR or Guideline Worksheet and the objection remains unresolved, Counsel shall file a Sentencing Memorandum outlining the unresolved objection, any authorities relied upon and sentencing recommendations for the Court's consideration.

Applies to

Sentencing memorandum

Must include

exhibits or letters

Sentencing Memorandum with exhibits/letters due 3 days before sentencing hearing, copy to Probation Officer and opposing counsel.

As part of the Sentencing Memorandum, counsel may submit exhibits/letters. The Sentencing Memorandum should be filed with the Clerk's Office as least 3 days prior to any sentencing hearing. Counsel shall provide a copy of the Sentencing Memorandum to the U. S. Probation Officer and opposing counsel.

Applies to

Brief

Must include

exhibits

Copies of cases must be attached to briefs/motions with electronic copies acceptable if highlighted.

Yes, copies of cases should be attached to briefs or motions, and copies from electronic databases are acceptable with pertinent parts highlighted.

Applies to

Supplemental briefing

Must include

motion for leave

Supplemental briefing permitted with motion for leave of court.

Yes. Parties may file a motion for leave of court to submit supplemental briefing.

Applies to

Motion

Specific motion filing rules: no combined response/motion, background statement for suppression motions, written trial date modifications, and in limine motions limited to disputed matters.

• Do not submit a response and a motion together in one document. • Motions to Suppress should contain a background statement of uncontested facts. • Any request that a trial date be modified must be made in writing. • A motion in limine must be confined to matters actually in dispute.

Applies to

Deposition

Must include

copy to chambers, page line citation, objections with authority

Depositions must be provided to Courtroom Deputy before trial; objections with authority due 3 business days before trial.

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.

Applies to

Exhibit inventory

Must include

signature required

Exhibits returned at trial conclusion; counsel must sign inventory and preserve exhibits for appeal.

At the conclusion of trial, the Courtroom Deputy will approach counsel and return all exhibits. Counsel will be required to sign an Inventory of Exhibits. Counsel are responsible for maintaining exhibits in an unaltered and safe manner for appeal.

Applies to

Plea agreement

Must include

advance submission, client conference required

Counsel must confer with clients before rearraignment; plea agreements must be signed and provided to Courtroom Deputy in advance.

Counsel should thoroughly confer with their clients BEFORE the rearraignment regarding any plea. Plea agreements should be completely signed (and copies provided to the Courtroom Deputy) well in advance of the hearing.

Applies to

Notice of electronic filing

Must include

notice of electronic filing

Commissioner's answer deadline triggered by specific NEF stating 60-day deadline

The Commissioner’s deadline to serve and file an answer or a Federal Rule of Civil Procedure 12 motion as provided under Rule 4 of the Supplemental Rules of Social Security Actions of the Federal Rules of Civil Procedure (hereinafter, the Supplemental Rules) IS TRIGGERED by a Notice of Electronic Filing that (a) is sent by the Court or its Clerk’s Office to the appropriate office within the Administration’s Office of General Counsel and to the United States Attorney for this District and (b) substantially states, “The Commissioner’s Answer is due within 60 days of the date of this Notice of Electronic Filing.”

Applies to

Brady disclosure

Must include

napue materials, giglio materials, exculpatory evidence +1 more

Government must disclose Brady/Giglio/Napue materials to defendant

The Government shall disclose to the Defendant and permit inspection and copying of all information and materials known to the Government which may favor the Defendant on the issues of guilt or punishment within the scope of Brady v. Maryland, 373 U.S. 83 (1963), or which tends to impeach the Government witnesses. The Government shall also disclose to the Defendant the existence and substance of any payments or promises of immunity, leniency, or preferential treatment made to prospective Government witnesses within the scope of Giglio v. United States, 405 U.S. 150 (1972), and Napue v. Illinois, 360 U.S. 264 (1959).

Applies to

Brady disclosure

Must include

no request required, continuing disclosure obligation

Government has continuing Brady disclosure obligations regardless of defendant's request

The Court reminds the Government of its continuing obligation to disclose any exculpatory evidence to the Defendant and to learn of any such evidence known to others acting on the Government’s behalf. See Kyles v. Whitley, 514 U.S. 419 (1995). The Government’s disclosure obligations apply even when the defendant has not requested any exculpatory evidence from the Government. See United States v. Agurs, 427 U.S. 97 (1976).

Applies to

Brady disclosure

Must include

brady not diminished by jencks, brady not diminished by rule 16, in came review for non material

Brady obligations not diminished by Jencks Act or Rule 16; submit non-material exculpatory evidence for in camera review

These obligations to timely provide exculpatory evidence are not diminished by the fact that such evidence also constitutes evidence that must be produced later under the Jencks Act, 18 U.S.C. § 3500, or by the fact that such evidence need not be produced according to Federal Rule of Criminal Procedure 16. See United States v. Campagnuolo, 59 F.2d 852 (5th Cir. 1979); Fed. R. Crim P. 16 advisory comm.’s notes to 1974 amend. (“The rule is intended to prescribe the minimum amount of discovery to which the parties are entitled.”). If the Government identifies any evidence which it believes to be exculpatory or favorable to the Defendant but not material, the Government shall submit such information to the Court for in camera review.

Applies to

Joint proposed jury charge

Must include

joint filing, email word version, subject line requirements

Parties must file joint proposed jury charge and verdict form, email Word version to judge

The parties shall meet and confer, and then file a Joint Proposed Jury Charge and a Verdict Form consistent with the guidelines below. Upon filing, the parties shall promptly email a Microsoft Word version of the Joint Purposed Jury Charge and the Verdict Form as filed, to the undersigned’s email address at anne_berton@txwd.uscourts.gov (the email’s subject line must include the case number and the text “Joint Proposed Jury Charge”). The Court prefers that the Proposed Jury Charge be based on the Fifth Circuit Pattern Jury Instructions (the most recent edition), but the Court may consider instructions based on another circuit’s pattern jury instructions.

Applies to

Opening brief

Opening brief must contain specific sections: statement of case, issues, summary of arguments, and arguments

The plaintiff’s opening brief must contain: (a) A statement of the case. This statement must briefly describe the procedural history, including any disposition, at the administrative level and must set forth a concise statement of the case setting out the facts relevant to the issues submitted for review. Each statement of fact shall be supported by reference to the page in the record where the evidence may be found. (b) A statement of the issues for review. This statement should include a list of specific errors which the plaintiff claims were committed by the Administrative Law Judge or the Appeals Council. (c) A Summary of Arguments. The summary must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief, and which must not merely repeat the argument headings. (d) Arguments. This section of the brief must contain the plaintiff’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the plaintiff relies.

Applies to

Joint proposed jury charge

General instructions: list section numbers/titles; case-specific or modified sections require full text with changes identified

For general and preliminary jury instructions based on the Fifth Circuit Pattern Jury Instructions, the parties need only provide a list of the applicable section numbers and titles (e.g., § 1.05 Presumption of Innocence, Burden of Proof, Reasonable Doubt), not the full text. But if a section requires case-specific information (e.g., § 1.18 regarding Expert Opinion Testimony requires the name of expert and subject matter of the expert’s opinion testimony) or if the parties substantively modify the text of any section in the Joint Proposed Charge, the parties must also provide the full text of the affected section as modified and clearly identify the changes.

Applies to

Joint proposed jury charge

Substantive offense instructions require section, title, and full text with case-specific modifications

For substantive offense jury instructions based on the Fifth Circuit Pattern Jury Instructions, the parties must provide the section, title, and full text (modified with case specific information as needed) of the specific section containing the proposed instruction.

Applies to

Joint proposed jury charge

Instructions from other circuits require full text, circuit name, and edition/year

If a party proposes an instruction from another circuit’s pattern jury instructions, that party must provide the section, title, and full text of the specific section containing the proposed instruction, along with the name of the circuit and the year/edition of the pattern jury instructions.

Applies to

Joint proposed jury charge

Disagreements require full text of each party's proposed charge with highlighting and nature of disagreement identified

If the parties disagree on any instruction or set of instructions (as provided under a section of the pattern jury instructions), each party must provide the full text of their respective proposed charge, denoting the party’s name and highlighting, or otherwise pointing out, those portions of the instruction or the set of instructions about which the parties disagree, and the nature of the parties’ disagreement. If a specific instruction or set of instructions is proposed by only one party, that party must provide the full text of the proposed instruction or set of instructions, denoting that proposing party’s name, and the other party must include the nature of its objection, if any, to the proposed instruction or set of instructions.

Applies to

Joint motion in limine

Must include

agreed items, disputed items, joint proceedings

Joint Motion in Limine required after party conference, identifying agreed and disputed items.

The parties shall file a Joint Motion in Limine but only after the parties confer and discuss their individual motion(s), if any. The Joint Motion in Limine shall identify the items that the parties jointly agree on and the items they dispute, including any related objections. The Court will address any disputed items at a pretrial conference held before trial.

Applies to

Joint exhibit list

Must include

objections, agreed exhibits, joint proceedings

Joint Exhibit List required after party conference, listing agreed exhibits and objections.

The parties shall file a Joint Exhibit List. Before filing, the parties must confer and discuss the admissibility of their respective exhibits. The Joint Exhibit List shall list the exhibits that the parties jointly agree to admit and identify any objections to the other party’s designated exhibits to which a party objects. The Court will address any disputed exhibits at a pretrial conference held before trial. The parties shall number their exhibits under Local Rule CV-16(h).

Applies to

Trial exhibits

Must include

specific naming, electronic filing

All trial exhibits must be uploaded to Box before pretrial conference with specific naming convention.

Before the pretrial conference, the Courtroom Deputy will email instructions with a Box File Request link to each party. The parties shall follow these instructions and upload all trial exhibits to Box. The file name for each uploaded exhibit must match that exhibit’s proposed label on the record and follow the naming convention required by the Jury Evidence Recording System (JERS): https://www.txwd.uscourts.gov/for-attorneys/jers-jury-evidence-recording-system/. Counsel must use specific, descriptive file names rather than vague or generic labels, as these file names will be visible to jurors when viewed through JERS at the end of a jury trial.

Applies to

Witness list

List of potential trial witnesses required.

The parties shall file a list of any potential trial witnesses.

Applies to

Stipulated facts

List of proposed stipulated facts required if applicable.

The parties shall file a list of proposed stipulated facts, if any.

Applies to

Trial length estimation

Must include

joint proceedings

Joint statement estimating trial length required.

The parties shall jointly file a statement with an estimate of the probable length of trial.

Applies to

Trial exhibits

Must include

electronic filing, before deliberations

All admitted trial exhibits must be uploaded to Box before jury deliberations.

Parties must ensure that all trial exhibits admitted into evidence are uploaded to Box before deliberations begin. Exhibits not uploaded will not be available for release to the jury through JERS.

Applies to

Joint motion in limine

Joint Motion in Limine must identify agreed and disputed items including objections, filed only after conferring.

The parties shall file a Joint Motion in Limine but only after the parties confer and discuss their individual motion(s), if any. The Joint Motion in Limine shall identify the items that the parties jointly agree on and the items they dispute, including any related objections.

Applies to

Joint exhibit list

Joint Exhibit List must list agreed exhibits and identify objections, filed after conferring on admissibility.

The parties shall file a Joint Exhibit List. Before filing, the parties must confer and discuss the admissibility of their respective exhibits. The Joint Exhibit List shall list the exhibits that the parties jointly agree to admit and identify any objections to the other party's designated exhibits to which a party objects.

Applies to

Exhibits

Trial exhibits must be uploaded to Box with file names matching proposed labels and following JERS naming convention.

The parties shall follow these instructions and upload all trial exhibits to Box. The file name for each uploaded exhibit must match that exhibit's proposed label on the record and follow the naming convention required by the Jury Evidence Recording System (JERS)

Applies to

Exhibits

All admitted trial exhibits must be uploaded to Box before deliberations begin or they will not be available to jury.

Parties must ensure that all trial exhibits admitted into evidence are uploaded to Box before deliberations begin. Exhibits not uploaded will not be available for release to the jury through JERS.

Applies to

Witness list

Parties must file a list of potential trial witnesses.

The parties shall file a list of any potential trial witnesses.

Applies to

Opening brief

Plaintiff's opening brief must include four required sections: statement of the case with record citations, statement of issues, summary of arguments (not just headings), and arguments with citations.

The plaintiff's opening brief must contain: (a) A statement of the case. This statement must briefly describe the procedural history, including any disposition, at the administrative level and must set forth a concise statement of the case setting out the facts relevant to the issues submitted for review. Each statement of fact shall be supported by reference to the page in the record where the evidence may be found. (b) A statement of the issues for review. This statement should include a list of specific errors which the plaintiff claims were committed by the Administrative Law Judge or the Appeals Council. (c) A Summary of Arguments. The summary must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief, and which must not merely repeat the argument headings. (d) Arguments. This section of the brief must contain the plaintiff's contentions and the reasons for them, with citations to the authorities and parts of the record on which the plaintiff relies.

Applies to

Motion to seal

Must include

certificate of conference

Motions to seal must include certification of meet and confer compliance.

All motions to seal information that has been designated as confidential, whether by a party or non-party to the action, must include language certifying that the meet and confer requirement has been met.

Applies to

Proposed findings conclusions

Proposed Findings of Fact and Conclusions of Law are mandatory in non-jury civil trials.

Proposed Findings of Fact and Conclusions of Law are required in non-jury trials.

Applies to

Exhibits

Trial exhibits must be pre-marked at the final pre-trial conference.

Any exhibit which may be introduced at trial must be pre-marked at the final pre-trial conference.

Applies to

Notice of settlement

Notice of Settlement must be filed promptly upon case settlement.

If the parties settle their case, counsel shall promptly file a Notice of Settlement.

Applies to

Stipulation of dismissal

Stipulation of dismissal must be filed within 30 days of Notice of Settlement filing or before trial, whichever is sooner.

Additionally, the parties must submit a stipulation of dismissal or an agreed order of dismissal within 30 days of the date the Notice of Settlement was filed or before the trial date, whichever is sooner, unless that date is extended by the Court upon motion, or the Court directs otherwise.

Applies to

Exhibits

Exhibits/demonstratives/slides must be submitted 1 hour before hearing.

Parties are encouraged to submit their exhibits, demonstratives or presentation slides for hearings at least one (1) hour except as otherwise instructed by the court before the hearing start time via email to opposing counsel and court staff

Applies to

Transcript request

Must include

cm ecf filing, transcript order form

For court reporter hearings, request transcript from reporter, complete AO 435, and file CM/ECF request.

For hearings Reported by a court reporter, the contact information for the reporter will appear on the minute entry, and a transcript can be obtained by: 1. Requesting the transcript (orally or by email) from the listed court reporter; 2. Completing Transcript Order Form (AO 435), flatten the PDF; and 3. File a Transcript Request in CM/ECF under "Other Documents" (see below).

Applies to

Transcript request

Must include

court approved reporter

For FTR audio-recorded hearings, request transcript from court-approved reporter.

For these Audio-Recorded hearings, a copy of the proceedings is available upon request and payment by either: A. Requesting a transcript of the digitally recorded court proceeding to be made by a court-approved reporter, OR

Applies to

Transcript request

Must include

exclusive request

Parties cannot request both transcript and audio recording; once transcript requested, audio unavailable.

A party may not request both options, and once any party requests option (A), no audio recordings will be made available for purchase.

Applies to

Transcript request

Must include

cm ecf filing, transcript order form

Transcript requests require completing AO 435 form and CM/ECF filing.

To request a transcript, please also then complete steps (2) and (3) above (fill out AO435 Form and submit on CM/ECF).

Applies to

Audio recording request

Must include

payment, cm ecf filing, audio recording order form

Audio recording requests require AO 436 form, CM/ECF filing, and $34 payment by mail.

To request an audio recording, please complete out the Audio Recording Order form (AO 436) and e-file the form to CM/ECF (using the same "Transcript Request" selection as discussed above). Please also submit a $34.00 payment made out to "Clerk, US District Court" and mail it to US Courthouse, 800 Franklin Ave., Room 380, Waco, Texas 76701.

Applies to

Motion

Must include

proposed order

All extension requests must be made by motion with title indicating joint/unopposed/contested status and proposed order.

Any standing order regarding joint or unopposed requests to change deadlines does not apply to cases referred to the undersigned. It is therefore ORDERED that in all cases referred to the undersigned, any requests to extend any deadline or to amend any portion of a scheduling order shall be made by motion; shall indicate in the title whether it is joint, unopposed, or contested; and shall include a proposed order.

Applies to

Exhibit

Exhibit number must be displayed on first page bottom right corner.

The exhibit number needs to be clearly displayed on the first page of each exhibit. i.e. “P 1” or “Plaintiff Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:

Applies to

Exhibit

Defendant exhibit number must be displayed on first page bottom right corner.

i.e. “D 1” or “Defendant Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:

Applies to

Exhibit

Government exhibit number must be displayed on first page bottom right corner.

i.e. “G 1” or “Government Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:

Applies to

Exhibit

Joint exhibit number must be displayed on first page bottom right corner.

i.e. “J 1” or “Joint Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:

Applies to

Motion

Must include

caption, judge name, case number

Motions required for any relief from the court, including scheduling matters.

When relief is required from the Court, including regarding scheduling, a motion should be filed with the Court.

Applies to

Motion

Must include

caption, judge name, case number

For expedited hearings, file motion explaining need and deadlines, then contact chambers.

If counsel requires an expedited hearing in a civil case, file an appropriate motion and contact chambers to alert the Court of the situation. Any motion should explain the need for expedited relief and the deadline(s) by which it is requested.

Applies to

Advisory

Must include

caption, judge name, case number

File Advisory when contested motion is resolved; call chambers if time sensitive.

Yes, please. File an Advisory notifying the Court. If the resolution of the contested motion is time sensitive, please also call chambers to advise of the situation.

Applies to

Demonstratives

Must include

exchange required

Demonstratives must be exchanged at least 3 days before Final Pretrial Conference.

Yes. Parties should exchange demonstratives prior to using them in trial. Typically, parties should do so at least 3 days prior to the Final Pretrial Conference, so that if any objections or issues are raised about the demonstrative exhibit, they can be timely addressed.

Applies to

Deposition testimony

Must include

agreement of all parties

Deposition testimony use by agreement requires all parties' consent well before trial.

Yes, but only by agreement of all parties. This should be addressed well before trial.

Applies to

Deposition excerpts

Must include

provide to court during trial

Deposition excerpts must be provided to Court during trial for the record.

A party intending to present testimony by deposition should provide deposition excerpts to the Court during the trial for the record.

Applies to

Motion for modification of scheduling order

Must include

proposed order, certificate of conference

Motions to modify scheduling orders must include a proposed order with new deadlines and, if not agreed, a certificate of conference.

Parties should confer and then file an Agreed Motion for Modification of Scheduling Order. If the modification is not agreed, the moving party should note that in the required Certificate of Conference. Please include a proposed order that includes the new deadline(s) requested.

Applies to

Motion

Must include

caption, judge name, case number

Requests for modification of scheduling orders must be made by motion

Any such request should be made by motion.

Applies to

Proposed scheduling order

Must include

caption, judge name, case number

Court issues scheduling order requiring parties to confer and submit proposed order within 30 days

The Court will send the parties an order requiring them to confer and submit a proposed scheduling order to the Court. Failure to submit a proposed scheduling order within the Court’s thirty (30) day deadline will result in the Court issuing its own order.

Applies to

Removal proceeding

Must include

re urge prior motions, state court docket sheet, all state court documents

Removed cases require attachment of all state court documents and re-urging of prior motions.

The party removing the action from state court should ensure that all documents previously filed in state court are attached to the removal documents. A copy of the state court docket sheet should be included. Parties must re-urge any motion that was filed in state court.

Deadline

2 weeks before pretrial conference

Applies to

Pretrial submission

Must include

witness list, jury questions, motions in limine +5 more

Pretrial submissions required two weeks before pretrial conference or trial.

Pursuant to Local Rule 16(e), the Court expects the parties to submit the following two weeks prior to the scheduled pretrial conference or trial if a pretrial conference is not set:

Deadline

1 week before pretrial conference

Applies to

Pretrial objections

Must include

exhibit objections, witness objections, motions in limine objections +1 more

Objections to witnesses, exhibits, and motions in limine must be submitted one week before pretrial conference or trial.

One week before the scheduled pretrial conference or trial if a pretrial conference is not set, the parties must submit their objections to any witness, deposition testimony, exhibit, or motion in limine. Objections not so disclosed, other than objections under Federal Rules of Evidence 402 and 403 shall be deemed waived unless excused by the court for good cause shown.

Applies to

Motion

Must include

certificate of conference

Motions must include citations to authorities and certificate of conference per Local Rules 7(d)(i) and 7(i).

The Court requires motions to include pertinent citation to authorities and a certificate of conference required by Local Rules 7(d)(i) and 7(i).

Required

Always

Applies to

Exhibit

Must include

exhibit list

Exhibits must be marked and exchanged with opposing parties at least 14 days before trial.

Yes. All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked with gummed labels or tags that identify them by the exhibit number under which they will be offered at trial, and must be exchanged with opposing parties at least 14 days before the trial setting.

Required

Always

Applies to

Objection list

Must include

certificate of service

Objections to exhibits must be disclosed with grounds 7 days before trial; undisclosed objections waived unless good cause shown.

A list disclosing any objection, together with the grounds therefore, that may be made to the admissibility of any exhibits must be submitted 7 days before the date of the trial setting. Objections not so disclosed, other than objections under Federal Rules of Evidence 402 and 403 shall be deemed waived unless excused by the court for good cause shown.

Applies to

Deposition

Must include

page line designation, objections with authority

Deposition exhibits must be provided to Courtroom Deputy 7 days before trial with page/line designations and objections.

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 7 days before trial setting.

Applies to

Voluntary dismissal

Must include

motion to dismiss, stipulation of dismissal

Voluntary dismissal requires either Rule 41(a)(2) motion or Rule 41(a)(1)(A)(ii) stipulation, not both.

Either a motion to dismiss and order (Rule 41(a)(2)) or a stipulation of dismissal (Rule 41(a)(1)(A)(ii)) may be used. Do not use both.

Applies to

Motion

Must include

certificate of conference

Certificate of conference required for all criminal motions, failure to include may result in dismissal.

Yes. The local rules so require and failing to include a certificate of the conference and the reason for no agreement, may result in the motion being dismissed for failure to comply with the local rules.

Applies to

Exhibit

Must include

exhibit list

Exhibits must be marked with gummed labels/tags and exchanged before trial.

All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked with gummed labels or tags that identify them by the exhibit number under which they will be offered at trial, and must be exchanged

Applies to

Sentencing memorandum

Must include

certificate of service

Objections to presentence report must be given in writing to probation officer; unresolved objections require Sentencing Memorandum filed 7 days before sentencing.

Objections to presentence investigation report should be given in writing to the probation officer who will attach it to the presentence investigation report which will be filed at the time of sentencing. If the Probation Officer does not modify the presentence investigation report or guideline worksheet and the objection remains unresolved, Counsel shall file a Sentencing Memorandum outlining the unresolved objection, any authorities relied upon and sentencing recommendations for the Court's consideration. The Sentencing Memorandum should be filed with the Clerk's Office at least 7 days prior to sentencing hearing.

Applies to

Pretrial submission

Must include

exhibit list, certificate of service

Pretrial submissions required 2 weeks before trial: juror questions, voir dire statements, stipulated facts, exhibit identification, and witness information.

Pursuant to Local Rule 16(e), the Court expects the parties to submit the following two weeks prior to the scheduled trial: (1) A list of questions the party desires the court to ask prospective jurors. (2) A statement of the party's claims or defenses to be used by the court in conducting voir dire. The statement shall be no longer than one-half page with type double-spaced. (3) A list of stipulated facts. (4) An appropriate identification of each exhibit as specified in this rule (except those to be used for impeachment only), separately identifying those that the party expects to offer and those that the party may offer if the need arises. (5) The name and, if not previously provided, the address and telephone number of each witness (except those to be used for impeachment only),

Applies to

Letter brief

Letter briefs are not accepted.

Letter Briefs should not be submitted.

Applies to

Motion

No briefing beyond motion, response, and reply is accepted.

No.

Applies to

Deposition

Must include

witness name, page line designation

Deposition testimony may be used by agreement even if witness is available, with 7-day advance submission.

Yes. Parties should submit to the Court the name of those witnesses whose testimony is expected to be presented by means of a deposition and designation by reference to page and line of the testimony to be offered (except those to be used for impeachment only) and, if not taken stenographically, a transcript of the pertinent portions of the deposition testimony at least 7 days prior to pretrial conference or trial if a pretrial conference is not set.

Applies to

Deposition exhibit

Must include

copy to chambers, page line designation

Deposition exhibits must be provided to Courtroom Deputy before trial with 7-day objection deadline.

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 7 days before pretrial conference or trial if a pretrial conference is not set. Use of videotape depositions is permitted to the extent the parties agree on admissibility or edit to resolve objections.

Applies to

Jury instructions

Must include

electronic format

Electronic versions of proposed jury instructions and verdict forms must be in Microsoft Word and emailed.

Yes. Proposed jury instructions, verdict forms and/or proposed finds of fact and conclusions of law should be provided in Microsoft Word and emailed to priscilla_springs@txwd.uscourts.gov.

Applies to

Sentencing objection

Must include

submission to probation officer

Objections at sentencing must be submitted to Probation Officer beforehand.

Objections raised at sentencing that were not previously submitted to the Probation Officer.

Applies to

Exhibit list

Must include

exhibit consistency, exhibit list submission, exhibit marking before trial

Exhibits must be marked before trial and match submitted exhibit list.

Renumbering exhibits during trial. Exhibits should be marked prior to trial and they should match the exhibit list submitted to the court.

Applies to

Dispositive motion

Must include

caption, judge name, case number

Dispositive motions must be filed by a specific deadline.

All dispositive motions shall be filed no later than _________________.

Applies to

Motion

Must include

certificate of conference

Motions must include citation to authorities and a certificate of conference per Local Rules 7(d)(i) and 7(i).

The Court requires motions to include pertinent citation to authorities and a certificate of conference required by Local Rules 7(d)(i) and 7(i).

Applies to

Motion

Must include

certificate of conference

Motions in criminal cases must include a certificate of conference.

Must counsel in criminal cases confer on all motions before filing them? If so, must counsel reflect the result of their conference in the body or title of the motion? Yes. The local rules so require and failing to include a certificate of the conference and the reason for no agreement, may result in the motion being dismissed for failure to comply with the local rules.

Applies to

Motion

Must include

certificate of conference

Motions to suppress must include citation to authorities and a certificate of conference.

Does the court have any specific requirements for motions to suppress? If so, please describe them. Motions should contain specific and detailed factual allegations, and not general assertions. The Court requires motions to include pertinent citation to authorities and a certificate of conference required by Local Rules 7(d)(i) and 7(i).

Applies to

Motion to modify

File motion to modify scheduling orders based on Standing Discovery Order.

File a Motion requesting a modification to the previously entered Standing Discovery Order.

Applies to

Proposed scheduling order

The Court will enter a Scheduling Order setting the trial date upon receipt of an acceptable Proposed Scheduling Order from the parties.

Once the Court has received an acceptable Proposed Scheduling Order from the Parties, the Court will enter a Scheduling Order that sets the trial date.

Applies to

Motion

Must include

certificate of conference

Motions in criminal cases must reflect the result of counsel's pre-filing conference in the body or title.

14. Must counsel in criminal cases confer on all motions before filing them? If so, must counsel reflect the result of their conference in the body or title of the motion? Yes, unless Ex Parte communication with the Court is justified. Yes.

Applies to

Verdict forms

Parties must submit proposed verdict forms.

Yes, WordPerfect 9.0.

Applies to

Complaint

Must include

caption, judge name, case number

Plaintiffs must replead within 14 days after remand deadline expires or remand is denied

Plaintiff(s) SHALL replead vdthm fourteen(14)calendar days ofthe expiration ofthe thirty-day deadline to file a motion to remand pursuant to 28 U.S.C. § 1447(c) or vvithin fourteen days ofthe Court's order denying a motion to remand.

Applies to

Answer

Must include

caption, judge name, case number

Defendants must replead within 21 days of plaintiffs filing complaint, conforming to FRCP 8, 9, and 12

If defendant(s) filed an answer in state court, defendant(s) SHALL replead by separately filing an answer that conforms to the requirements ofFederal Rules of Civil Procedure 8,9, and 12. Defendant(s)SHALL replead within twenty-one(21)days ofthe date plaintiff(s) file their complaint.

Applies to

Complaint

Plaintiffs in removed cases must replead by filing a complaint conforming to FRCP 8 and 9 within 14 days of the remand deadline expiration or denial of remand motion.

IT IS ORDERED that in all removed cases, plaintiff(s) SHALL replead by separately filing a complaint that conforms to the requirements of Federal Rules of Civil Procedure 8 and 9. Plaintiff(s) SHALL replead within fourteen (14) calendar days of the expiration of the thirty-day deadline to file a motion to remand pursuant to 28 U.S.C. § 1447(c) or within fourteen days of the Court's order denying a motion to remand.

Applies to

Answer

Defendants in removed cases who filed an answer in state court must replead by filing an answer conforming to FRCP 8, 9, and 12 within 21 days of plaintiff's complaint filing.

If defendant(s) filed an answer in state court, defendant(s) SHALL replead by separately filing an answer that conforms to the requirements of Federal Rules of Civil Procedure 8, 9, and 12. Defendant(s) SHALL replead within twenty-one (21) days of the date plaintiff(s) file their complaint.

Applies to

Motion for summary judgment

Summary judgment motions must include a Proposed Undisputed Facts document; facts are deemed admitted if not controverted.

There shall be annexed to a motion for summary judgment a document entitled 'Proposed Undisputed Facts,' which sets forth in separately numbered paragraphs a concise statement of each material fact as to which the moving party contends there is no genuine issue to be tried. All material facts set forth in said statement will be deemed admitted unless controverted by the statement required to be filed and served by the opposing party in accordance with Section A(5) of this Standing Order.

Applies to

Response to summary judgment

Responses to summary judgment must include a Response to Proposed Undisputed Facts in a three-column format tracking the movant's facts.

There shall be annexed to a response to a motion for summary judgment a document entitled 'Response to Proposed Undisputed Facts.' The opposing party's Response to Proposed Undisputed Facts must be prepared in a three-column format, and track the movant's Proposed Undisputed Facts exactly as prepared by that party. The first column must restate the allegedly undisputed fact verbatim. The second column must state whether each numbered fact in the first column is undisputed or disputed. If a proposed undisputed fact is disputed, the third column must cite evidence supporting the assertion that there is a genuine issue for trial regarding the proposed undisputed fact, or provide a specific evidentiary objection to the evidence on which the movant relies in support of the proposed undisputed fact.

Applies to

Discovery dispute submission

Must include

proposed order

Discovery-dispute submissions should include proposed relief written as exact court-order language for each disputed issue.

The specific relief requested should propose the exact language to be issued in a court order for each part of every disputed issue.

Applies to

Joint claim construction statement

The joint claim construction statement should identify which side proposed each term or state that it was jointly proposed.

When the parties submit their joint claim construction statement, in addition to the term and the parties’ proposed constructions, the parties should indicate which party or side proposed that term, or if that was a joint proposal.

Applies to

Markman brief

Markman submissions should include all patents-in-suit and an editable Joint Claim Construction Statement.

For Markman briefs, the parties should also include a copy of all patents-in-suit and an editable copy of the Joint Claim Construction Statement.

Applies to

Motion

Motions citing cases or exhibits must include pinpoint citations to the specific relied-upon sections.

When citing cases or exhibits in a motion, parties shall pin cite the relied-upon section of a case or exhibit.

Applies to

Supporting declaration

Supporting declarations should state whether any exhibit is highlighted or annotated.

A supporting declaration should identify if any exhibit is highlighted or annotated.

Applies to

Proposed judgment

The Court discourages extensive substantive argument in editable proposed judgment drafts.

The Court discourages the parties from providing extensive substantive argument in the editable version of the proposed judgment.

Applies to

Briefing

Briefing copies must be provided to the Court and, if appointed, the technical advisor, with details deferred to General Issues Note #9.

See General Issues Note #9 regarding providing copies of the briefing to the Court and the technical advisor (if appointed).

Applies to

Joint report

Parties must file a Joint Report on meet-and-confer results within 5 business days.

The parties shall file a Joint Report within 5 business days regarding the results of the meet and confer.

Applies to

Form ao 85 notice consent

Parties seeking consent to magistrate-judge trial must submit Form AO 85.

Deadline for parties desiring to consent to trial before the magistrate judge to submit Form AO 85, “Notice, Consent, And Reference Of A Civil Action To A Magistrate Judge,” available at https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge.

Applies to

Notice of request for daily transcript or real time reporting

A party requesting daily transcript or real-time reporting for trial must file a notice and email the court reporter.

File Notice of Request for Daily Transcript or Real Time Reporting. If a daily transcript or real time reporting of court proceedings is requested for trial, the party or parties making said request shall file a notice with the Court and email the Court Reporter, Kristie Davis at kmdaviscsr@yahoo.com

Applies to

Case readiness status report

Plaintiff and Defendant must provide a case readiness status report.

Plaintiff [names] and Defendant [name(s)], hereby provide the following status report.

Applies to

Case readiness status report

The case readiness status report must state the scheduling order status.

A scheduling order [has been proposed and awaits entry by the Court, has been issued by the Court, or has not yet been filed].

Applies to

Case readiness status report

The case readiness status report must indicate whether a Markman date has been set, proposed, or not yet proposed.

[Indicate if a Markman date has been set, proposed, or not yet proposed.]

Applies to

Case readiness status report

The case readiness status report must indicate whether a trial date has been set, proposed, or not yet proposed.

[Indicate if a trial date has been set, proposed, or not yet proposed.]

Applies to

Case readiness status report

The case readiness status report must provide the complaint filing date.

Plaintiff’s Complaint was filed on [filing date].

Applies to

Case readiness status report

The case readiness status report must state the number of extensions and total extension days.

There have been [one/two] extension[s] for a total of __ days.

Applies to

Case readiness status report

The case readiness status report must describe if and when defendants responded, whether by answer or motion, and any non-standard counterclaims.

[Indicate if/when the Defendant(s) responded to the Complaint, whether it was an Answer or Motion, and whether any counterclaims were filed other than counterclaims for non-infringement or invalidity]

Applies to

Preliminary contentions

Amendments to preliminary contentions allowed without leave if based on new material; adding claims requires leave.

The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave of court so long as counsel certifies that it undertook reasonable efforts to prepare its preliminary contentions and the amendment is based on material identified after those preliminary contentions were served and should do so seasonably upon identifying any such material. Any amendment to add patent claims requires leave of court so that the Court can address any scheduling issues.

Applies to

Notice

Parties must jointly file a notice if no dispositive motion is filed.

If no party files a dispositive motion, the parties must jointly file a notice informing the Court that no such motions will be filed, so that the Court may schedule the matter for trial.

Applies to

Settlement report

Parties must file a joint written report after mediation/settlement conference detailing date, attendees, progress, and prospects.

the parties must jointly prepare and file a written report, which must be signed by counsel for each party, detailing the date on which the mediation or settlement conference was held, the persons present (including the capacity of any representative), a statement regarding whether meaningful progress toward settlement was made, and a statement regarding the prospects of settlement.

Applies to

Appendix

Table of contents must identify each item by document content.

The table of contents must identify each item by the content of the document (e.g., "Em-

Applies to

Appendix

Must include

exhibit list

Appendix must include relied-upon material even if already in the record.

A party must include such material in its appendix even if the material is already in the record—for example, as an exhibit to an earlier filing or in an earlier appendix.

Applies to

Appendix

Do not include docketed pleadings, motions, briefs, or orders in the appendix.

A party need not, and should not, place in an appendix the pleadings, motions, briefs, orders, or other filings that already appear on the Court's docket in this case.

Applies to

Appendix

Must include

exhibit list

Include all relied-on materials except those already in an appendix for the same motion; cite existing appendix instead of duplicating.

Include all materials the party relies on, except materials already included in an appendix filed to support or oppose the same pleading or motion, or a cross-motion, such as a cross-motion for summary judgment. Do not duplicate those materials. Cite the existing appendix instead.

Applies to

Appendix

When citing a deposition page that refers to an exhibit, the party must clarify whether the exhibit is included in the appendix and identify it if so.

If a party cites a page in the appendix that is from a deposition and refers to an exhibit from the deposition, the party should make clear whether that exhibit is included in the appendix and, if so, identify it.

Applies to

Notice of removal

Must include

judge name, case number, certificate of service +1 more

If LLC/partnership members are unknown after diligent investigation, citizenship may be alleged on information and belief.

If the members of an LLC or partners of a partnership are unknown to the removing party even after a diligent investigation, the removing party may allege its citizenship on information and belief. Lincoln Ben. Life Co. v. AEI Life, LLC,

Applies to

Motion

Motion should contain argument and citations; no separate memorandum required.

A party should not file a Motion and separate “Memorandum of Law.” The Motion, itself, should include the party’s argument and citation authority supporting the relief it seeks.

Applies to

Motion for summary judgment

Summary judgment motions are highly disfavored in bench trials and FTCA cases.

Motions for summary judgment are highly disfavored in any case in which the Court will serve as the factfinder and in any case asserting a cause of action under the Federal Tort Claims Act in which parties do not have a right to a jury trial under 28 U. S. C. § 2402 and Carlson v. Green, 446 U.S. 14, 22 (1980).

Applies to

Brief

Must include

leave of court

Additional briefing beyond motion/response/reply requires leave of Court.

Yes, the Court may accept additional briefing, however, leave of Court is required.

Applies to

Discovery

Must include

local rule certificate, certificate of conference

Cooperation required in discovery; excessive discovery not tolerated.

Counsel for all parties and all pro se parties should cooperate fully in the discovery process and make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated.

Applies to

Discovery motion

Must include

certificate of conference

Unnecessary discovery or delay may result in sanctions.

Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs.

Applies to

Motion

Must include

certificate of conference

Repeated non-compliance with orders may result in sanctions.

Repeated failure to comply with Court orders may also result in sanctions.

Applies to

Motion

Must include

certificate of conference

Tardiness is discouraged.

Tardiness.

Applies to

Motion

Must include

certificate of conference

Failure to meet court deadlines is discouraged.

Failing to abide by deadlines set by the Court.

Applies to

Brief

Must include

certificate of conference

Must acknowledge adverse cases.

Failure to acknowledge/distinguish cases adverse to your position.

Applies to

Motion

Must include

certificate of conference

Unprofessional conduct or derogatory language is discouraged.

Unprofessional conduct/use of adjectives to debase or impugn opposing counsel or the adverse party.

Applies to

Brief

Must include

motion for leave required for additional briefing

Additional briefing beyond motion/response/reply requires motion for leave of Court.

Yes. The party seeking to file additional briefing should file a motion seeking such leave.

Applies to

Motion in limine

Must include

limited to matter in dispute

Motions in limine must be limited to matters actually in dispute.

A motion in limine must be confined to matters actually in dispute.

Applies to

Courtroom attire

Must include

standard business attire required

Attorneys must wear standard business attire including coat/tie for men and tailored suits/dresses for women.

Attorneys are required to wear standard business attire. For men, this includes a coat and tie. For women, it includes tailored suits and tailored dresses. Slacks are acceptable if part of a tailored pantsuit. Slacks or skirts with a blouse or sweater, but without a jacket, are not acceptable. Extremely short skirts are not acceptable.

Applies to

Discovery

Must include

cooperation, compliance with local rule AT-4

Full cooperation in discovery required; excessive discovery or resistance may result in sanctions.

Counsel for all parties and all pro se parties should cooperate fully in the discovery process and make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated. Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4. Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs, as could repeated failure to comply with Court orders.

Applies to

Professional conduct

Must include

punctuality, deadline compliance, professional behavior +2 more

Court's pet peeves include tardiness, missing deadlines, not notifying about unopposed motions, unprofessional conduct, and not reporting case resolution.

Tardiness Failing to abide by Court deadlines. Not immediately notifying the Court that a motion is unopposed (or that portions of a motion are uncontested). Failure to acknowledge/distinguish cases adverse to your position. Unprofessional conduct/use of adjectives to debase or impugn opposing counsel or the adverse party. Not immediately notifying the Court that the case has been resolved.

Applies to

Additional briefing

Must include

leave of court

Leave of Court required for additional briefing beyond motion/response/reply.

Yes, the Court may accept additional briefing, however, leave of Court is required.

Applies to

Claim construction brief

Must include

leave of court

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.

Applies to

Motion to suppress

Motions to suppress must contain specific factual allegations, not general assertions.

Yes. Motions should contain specific and detailed factual allegations, and not general assertions. Refer to the applicable law.

Applies to

Jury questionnaire

Must include

proposed order

Jury questionnaires permitted only in very complicated cases; submit proposed questionnaire as soon as possible.

Only in very complicated cases. The proposed questionnaire should be submitted to the court as soon as possible.

Applies to

Demonstrative aids

Must include

exchange required

Parties should exchange demonstrative aids intended for jury use.

To avoid bench conferences in a jury trial, the Court recommends that parties exchange any item that a party intends to use in the presence of the jury as a demonstrative aid, regardless whether the party intends to move its admission in evidence.

Applies to

Discovery motion

Must include

local rule certificate, certificate of conference

Cooperation required in discovery; excessive discovery or resistance may result in sanctions.

Counsel for all parties and all pro se parties should cooperate fully in the discovery process and make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated.

Applies to

Motion for sanctions

Must include

proposed order, certificate of service

Unnecessary discovery or unreasonable delay may result in sanctions and costs.

Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs.

Applies to

Discovery

Must include

cooperation, reasonable discovery

Full cooperation required in discovery; excessive discovery or resistance may result in sanctions and costs.

Counsel for all parties and all pro se parties should cooperate fully in the discovery process and to make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated. Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4. Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs.

Applies to

Electronic presentation notice

Must include

notice required

Notice required for electronic presentation devices; failure may result in prohibition.

The parties must notify the Court if they intend to use laptops, tablets, or other electronic presentation device, including presenting paper exhibits on an ELMO document camera. If counsel fails to provide notice, the Court may prohibit the use of electronic presentation devices, and no extensions or accommodations will be granted for delays due to the unavailability of electronic presentation methods.

Applies to

Stipulated facts

Parties must file a list of proposed stipulated facts.

The parties shall file a list of proposed stipulated facts, if any.

Applies to

Trial length estimate

Parties must jointly file a statement estimating the probable length of trial.

The parties shall jointly file a statement with an estimate of the probable length of trial.

Applies to

Notice of electronic presentation

Parties must notify Court of intent to use electronic presentation devices; failure may result in prohibition.

The parties must notify the Court if they intend to use laptops, tablets, or other electronic presentation device, including presenting paper exhibits on an ELMO document camera. If counsel fails to provide notice, the Court may prohibit the use of electronic presentation devices, and no extensions or accommodations will be granted for delays due to the unavailability of electronic presentation methods.

Applies to

Transcript

Must include

court approval

Only court-approved transcripts are official records; attorney-created transcripts require court approval.

The statute, 28 U.S.C. § 753, requires the Court to supervise all aspects of the court reporting and transcription process. The Court has complete control over who produces an official transcript of court proceedings. While an attorney may create a transcript from a copy of a sound recording, that transcript will not be an official record suitable for filing with the Court unless the Court specifically approves it as the official record.

Applies to

Oral argument

All attorneys must be adequately prepared and familiar with proceedings.

All attorneys, including Newer Attorneys, will be held to the highest professional standards. All attorneys appearing in court are expected to be adequately prepared and thoroughly familiar with proceeding.

Applies to

Motion

Avoid ascribing motives to opposing party or counsel without legitimate basis.

Please don’t ascribe motives to the opposing party or counsel if there’s no legitimate need or basis to do so.

Applies to

Motion

Must include

certificate of conference

Certificate of conference required for motions that require one.

Please include a certificate of conference in motions that require one.

Applies to

Deposition excerpts

Parties presenting deposition testimony must provide deposition excerpts to the Court during trial for the record.

A party intending to present testimony by deposition should provide deposition excerpts to the Court during the trial for the record.

Applies to

Motion

Must include

certificate of conference

Motions that require a certificate of conference must include one.

Please include a certificate of conference in motions that require one.

Applies to

Motion

Expedited hearings require a motion explaining the need and deadlines, plus contacting the Court; such requests are reserved for emergencies only.

If counsel requires an expedited hearing in a civil case, file an appropriate motion and contact the Court to alert the Court of the situation. Any motion should explain the need for expedited relief and the deadline(s) by which it is requested. Requests for an expedited hearing should be reserved for emergency situations only.

Applies to

Advisory

Parties must file an Advisory notifying the Court when a contested motion is resolved, and call the Courtroom Deputy if time sensitive.

Yes, please. File an Advisory notifying the Court. If the resolution of the contested motion is time sensitive, please also call the Courtroom Deputy at (210) 244-5012 to advise of the situation.

Required

Always

Applies to

Jury questionnaire

Jury questionnaires permitted only in rare/exceptional circumstances with court-set deadlines.

Only in rare and exceptional circumstances. The Court will set the deadline if and when it allows its use.

Applies to

Exhibit inventory

Must include

signature

Exhibits returned at trial end; counsel must sign inventory and preserve exhibits for appeal.

At the conclusion of the trial, the Courtroom Deputy will approach counsel and return all exhibits. Counsel will be required to sign an Inventory of Exhibits. Counsel are responsible for maintaining exhibits in an unaltered and safe manner for appeal.

Applies to

General practice

Lawyers must be prepared, competent, and knowledgeable of Federal Rules of Criminal Procedure and Local Rules.

The Court expects lawyers in federal court to be prepared, provide competent services and be knowledgeable of the Federal Rules of Criminal Procedure and the Local Rules of the United States District Court for the Western District of Texas.

Applies to

General practice

Court's pet peeves include tardiness, late filings, talking over judge, not notifying settlements, missing deadlines, and renumbering exhibits.

Tardiness, Late filing submissions, Attorneys talking too fast, or over the Judge or one another, which is difficult for the court reporter to transcribe, Not immediately notifying the Court that the case has been settled, Not abiding by deadlines set out by the Court, Renumbering exhibits during trial. Exhibits should be marked prior to trial and they should match the exhibit list submitted to the court.

Applies to

Motion

Must include

notice of unopposed motion

Must notify court when a motion is unopposed.

Not notifying the Court that a motion is unopposed.

Applies to

Sur reply

Must include

leave of court

Leave of court required for sur-replies.

Leave of Court is required for a Sur-Reply.

Applies to

Sanctions

Must include

discovery abuse, failure to appear

Sanctions are appropriate for discovery abuse and attorney no-shows.

Abusing the discovery process and Attorneys not appearing for scheduled hearings are the most common reasons, but the Court may deem other infractions to warrant sanctions.

Applies to

General

Court prohibits tardiness, unpreparedness, and one attorney representing multiple defendants in criminal cases.

The Court will not tolerate tardiness and unpreparedness. Additionally, the Court frowns upon one Attorney representing multiple defendants in one criminal case.

Applies to

Joint notice

Must include

joint notice

Dismissal agreements filed as joint notices, not motions.

An agreement to dismiss under this section shall be filed as a joint notice instead of as a motion.

Applies to

Technical tutorial

Parties may submit optional technical tutorials to Court and technical advisor 22 weeks after CMC.

22 weeks after CMC (but Parties submit optional technical tutorials to the Court and technical advisor (if appointed).

Applies to

Appendix

Cite docketed filings by docket entry number.

A party relying on such a filing should cite it directly by its docket entry.

Applies to

Appendix

Parties are encouraged to include complete copies of documents in the appendix; if infeasible, include at least the first page and one page before and after the relied-upon pages for context.

Parties are encouraged to include a complete copy of a document in the appendix to avoid fragmenting a document between different appendices. Where including a complete copy is infeasible, would unduly burden the appendix with the inclusion of irrelevant material, or is otherwise inappropriate, include at minimum the first page of the document and at least one page before and after the pages of material the party relies upon in order to provide context for the cited material.

Applies to

Voir dire questions

Must include

proposed order

Court conducts preliminary voir dire; parties may examine panel if questions submitted per Final Pre-trial Order.

The Court will conduct a preliminary examination of the jury panel. Following the Court's examination, each side may be allowed the opportunity to examine the panel briefly, provided proposed voir dire questions were properly submitted in accordance with the Court's Final Pre-trial Order.

Applies to

Deposition agreement

Must include

proposed order

Court typically accepts parties' agreement to use depositions at trial even if witness is available.

Most often, the Court will accept the parties' agreement to use a deposition at trial even though the witness is available.

Applies to

Pretrial order

Must include

proposed order

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.

Applies to

Brief

Must include

hyperlinks

Hyperlinking citations in briefs is encouraged.

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

Applies to

Demonstrative aid

Must include

exhibit list

Demonstrative aids should be exchanged with opposing parties before trial.

The Court recommends that parties exchange any item that a party intends to use in the presence of the jury as a demonstrative aid, regardless whether the party intends to move for its admission into evidence.

Applies to

Voluntary dismissal

Must include

proposed order, certificate of service

Voluntary dismissals require resolution of all issues.

The court will sign voluntary dismissals so long as such dismissals resolve all issues.

Applies to

Motion

Must include

certificate of conference

Attorneys must be prepared and knowledgeable of FRCP and Local Rules.

The Court expects attorneys to be prepared, provide competent assistance, and be knowledgeable of the Federal Rules of Civil Procedure and the Local Rules.

Applies to

Scheduling order

Must include

proposed order

Court enters scheduling order and trial date immediately after assignment.

The Court enters a general scheduling order and trial date immediately after the case has been assigned to Chambers.

Applies to

Discovery

Must include

local rule certificate

Discovery checklist provided by Local Rule CR-16 should be used in criminal cases.

All parties should comply with the General Order regarding Discovery. In addition, parties are encouraged to also use the discovery checklist provided by Local Rule CR-16.

Applies to

Brief

Must include

copies of cases attached

Copies of cases should be attached to briefs/motions with electronic copies acceptable and parts highlighted.

Yes, copies of cases should be attached to briefs or motions, and copies from electronic databases are acceptable with pertinent parts highlighted.

Applies to

Addressing court

Must include

address from lectern

Counsel should address the Court from the lectern.

From the lectern.

Applies to

Continuance request

Must include

granted if dispositive motion pending

Court will grant continuance if unable to rule on pending dispositive motion before final trial prep.

Yes.

Applies to

Voir dire questions

Must include

written questions

Judge conducts general voir dire; attorneys may submit written questions and ask follow-up questions individually.

The Judge conducts the general voir dire. Attorneys may submit written questions in advance. Upon completion of the general voir dire, the Judge permits attorneys to ask follow-up questions of panelists who are called back to meet individually with the Court.

Applies to

Deposition testimony

Must include

excerpts provided

Testimony by deposition requires providing excerpts to the Court following the same guidelines.

Yes, see above for guidelines.

Applies to

Attorney practice

Must include

preparation, knowledge of rules, competent assistance

Attorneys must be prepared, competent, and knowledgeable of criminal procedure and local rules.

The Court expects attorneys to be prepared, provide competent assistance, and be knowledgeable of the Federal Rules of Criminal Procedure and the Local Rules.

Applies to

Report of parties planning meeting

Must include

rule 26 f report

Initial disclosures not required; Rule 26(f) conference must occur 21 days before Report of Parties' Planning Meeting

No. Except in categories of proceedings exempted from initial disclosure under Federal Rule of Civil Procedure 26(a)(1)(B), the parties must, as soon as practicable and in any event at least twenty-one days before the Report of Parties' Planning Meeting is due under Rule 16(b), confer to consider all matters required by Rule 26(f). The parties' Rule 26(f) written report outlining their proposed discovery plan should be included in the Report of Parties' Planning Meeting.

Applies to

Juror questionnaire

Must include

proposed order

Juror questionnaires are permitted if provided at least 60 days before trial.

The Court will consider requests for the use of juror questionnaires. The proposed questionnaire should be provided to the Court as soon as possible, but no later than sixty days before trial.

Applies to

Demonstrative aid

Must include

exhibit list, certificate of service

Parties should exchange demonstrative aids intended for jury use to avoid bench conferences.

To avoid bench conferences during a jury trial, the Court recommends that parties exchange any item that a party intends to use in the presence of the jury as a demonstrative aid, regardless whether the party intends to move for its admission into evidence.

Applies to

Videotape deposition

Must include

proposed order

Videotape depositions are permitted if parties agree on admissibility or edit to resolve objections.

Use of videotape depositions is permitted to the extent the parties agree on admissibility or edit to resolve objections.

Applies to

Exhibit

Must include

exhibit list

Parties may leave exhibits and equipment in the courtroom overnight.

Yes.

Applies to

Brief

Must include

exhibits

Copies of cases should be attached to briefs/motions with electronic copies acceptable and pertinent parts highlighted.

Yes, copies of cases should be attached to briefs or motions, and copies from electronic databases are acceptable with pertinent parts highlighted.

Applies to

Report of parties planning meeting

Must include

certificate of service

RPPM must satisfy FRCP 26(f) requirements.

The RPPM shall satisfy the requirements of Federal Rule of Civil Procedure 26(f).

Applies to

Report of parties planning meeting

Must include

certificate of service

Parties must agree on RPPM contents or document disagreements.

The parties shall endeavor to agree concerning the contents of the RPPM, but in the event they are unable to do so, each party shall set out its position and the reasons for the disagreement in the RPPM.

Applies to

Markman hearing

Consolidated Markman hearing for related cases; technology tutorials optional.

The Court will hold a consolidated Markman hearing for all related cases, whenever feasible. Technology tutorials are optional, especially in cases where a technical advisor has

Applies to

Initial disclosure

Initial disclosures are exchanged, not filed.

Does the court require that the parties in civil cases file their initial disclosures? No, pursuant to the Federal Rules of Civil procedure the parties are to exchange them.

Applies to

Letter brief

No letter briefs accepted in civil cases.

No.

Applies to

Exhibits

Parties may leave exhibits and equipment in the courtroom overnight.

Yes.

Applies to

Jury instructions

Electronic versions of jury instructions, verdict forms, or findings of fact and conclusions of law are only accepted if the court specifically requests and will advise on format.

Only if the court specifically requests. If such a request is made, the court will advise regarding the format to be used.

Applies to

Exhibits

Must include

exhibit receipt

All exhibits are returned to parties after trial ends, with an exhibits receipt signed by the appropriate party.

All exhibits are returned to the parties once the trial has ended. An exhibits receipt is signed by the appropriate party.

Applies to

Stipulated order

Must include

caption, judge name, case number

Court encourages filing stipulated order under Rule 26(c) regarding inadvertent production of privileged documents.

The Court encourages the parties to consider filing a proposed agreed order, pursuant to Fed. R. Civ. P. 26(c), that a party does not waive the attorney-client privilege or the attorney work-product privilege by inadvertently producing privileged or work-product documents.

Applies to

Motion to modify scheduling order

Must include

opposition

Agreed modifications approved; opposed modifications require response

The court will approve, in most instances, an agreed modification. If it is not agreed to, the opposing party should file a response to any motion to modify.

Applies to

Consent form

Must include

judge name, case number, certificate of service

Parties must advise district clerk of positions on magistrate judge consent for trial

The parties must advise the district clerk of their respective positions concerning referring the case to a magistrate judge for jury or nonjury trial by consent, pursuant to 28 U.S.C. 636(c).

Applies to

Mediation agreement

Must include

proposed order, certificate of service

Parties may agree to mediation at any time; court appoints mediator if parties cannot agree

At any time the parties believe it may be beneficial to participate in a non-binding mediation, they may agree to do so. Parties are encouraged to agree upon a mediator. If the parties cannot agree to a mediator, the Court will appoint a mediator.

Applies to

Pretrial conference

Must include

proposed order, certificate of service

Preliminary/ intermediate status conferences after scheduling order; final pretrial conference 10 days before trial

After a scheduling order is issued, the judge will conduct a preliminary pretrial conference or intermediate status conferences. A final pretrial conference will usually be conducted approximately ten (10) days prior to the date that trial is expected to begin.

Applies to

Motion in limine

Must include

proposed order, certificate of service

Motions in limine and exhibit objections heard at final pretrial conference

Motions in limine and objections to exhibits will be heard and ruled upon at that time.

Applies to

Scheduling order

Must include

trial date, case number

Court issues scheduling order immediately after case assignment.

A general scheduling order and trial date is entered by the Court immediately after the case has been assigned to Chambers.

Applies to

Plea of guilty

Court routinely refers pleas of guilty and counsel motions to magistrate judge.

Pleas of guilty and motions for appointment, withdrawal or substitution of counsel may be referred.

Applies to

Discovery disclosure

Parties must comply with General Order of Discovery and are encouraged to use Local Rule CR-16 checklist.

All parties should comply with the General Order of Discovery. In addition, parties are encouraged to also use the discovery checklist provided by Local Rule CR-16.

Applies to

Demonstrative aid

Must include

exchange with opposing parties

Demonstrative aids for jury should be exchanged to avoid bench conferences.

To avoid bench conferences during a jury trial, the Court recommends that parties exchange any item that a party intends to use in the presence of the jury as a demonstrative aid, regardless of whether the party intends to move its admission in evidence.

Applies to

Trial exhibit

Court accepts electronic trial exhibits via JERS system for jury review.

The court has the ability to receive all trial exhibits in electronic format. The jury is then able to review the admitted exhibits during deliberations using the Jury Evidence Recording System (JERS). Instructions on how to submit exhibits in the appropriate electronic format may be found here.

Applies to

Hearing request

Must include

hearing request

Hearings held on discovery matters; non-discovery hearings only if requested.

Judge MacLemore holds hearings on most discovery matters. As for non-discovery motions, the Court will hold a hearing if a party requests it.

Applies to

Attendance preference email

Must include

counsel names, attendance preference, confidential information notice

Email must specify attendance preference, counsel names, and if confidential info will be shared.

The email should indicate the parties’ attendance preference, the names of counsel appearing and whether confidential information will be shared so appropriate measures may be taken to seal the hearing.

Applies to

Hearing reset

Must include

court reset notice

Hearing proceeds as scheduled until Court issues reset notice or Order.

Despite the parties’ request, a hearing will proceed as originally scheduled until there is a notice from the Court resetting it or an Order Resetting added to the docket.

Applies to

Exhibits

Must include

digital version

Paper copies of exhibits/demonstratives accepted if digital versions unavailable.

Paper copies are not required but will be accepted by the court for hearing purposes if digital versions cannot be provided.

Applies to

Transcript request

Must include

transcript preferred

Court recommends requesting transcripts over audio recordings.

Therefore, if any party intends to utilize a transcript, the Court highly recommends that parties request a transcript of a proceeding rather than an audio file.

Applies to

Scheduling recommendations

Must include

caption, judge name, case number

Court requests scheduling recommendations; if none submitted, court sets dates.

The Court typically will request scheduling recommendations from the parties and issue an order based on those recommendations. If scheduling recommendations aren't submitted, the Court will enter a scheduling order with dates deemed appropriate by the Court.

Applies to

Scheduling order

Must include

caption, judge name, case number

Scheduling orders follow district judge guidelines; initial pretrial conference in all consent and newly referred cases.

Scheduling orders typically will follow the guidelines of the District Judge to whom the case is assigned. An Initial Pretrial Conference will typically be held in all consent cases as well as all newly referred cases. Depending on the scheduling recommendations and timing of the Initial Pretrial Conference, a Scheduling Order may be entered ahead of the Initial Pretrial Conference or after scheduling is discussed with the parties during it.

Applies to

Brief

Copies of cases need not be attached to briefs or motions; important cases may be brought to hearings with extra copies.

Does the Court prefer copies of cases attached to briefs or motions? If so, are copies from electronic databases acceptable? Does the court prefer pertinent provisions of the cases to be highlighted? Copies of cases need not be attached to briefs or motions. Copies of especially important cases may be brought to Court for hearings, with extra copies for opposing counsel and the Law Clerk.

Applies to

Letter brief

Letter briefs are not typically accepted; court will direct if appropriate.

Does the Court accept letter briefs in civil cases? If so, are there circumstances in which the Court prefers letter briefs? Not typically. If this type of briefing is appropriate, the Court will so direct the parties.

Applies to

Sanctions motion

Sanctions motions should only be filed for egregious behavior; the Court disfavors strategic sanctions filings.

A request for sanctions should be reserved for appropriately egregious behavior. The Court will impose sanctions when appropriate under the rules but strongly disfavors the strategic filing of such motions.

Applies to

Adr procedures

Must include

local rule cv 88

Local Rule CV-88 governs alternative dispute resolution procedures.

All of Local Rule CV-88 applies.

Applies to

Initial disclosure

Must include

exchange only

Initial disclosures must be exchanged but not filed with the court.

Pursuant to the Rules, the parties are to exchange them, but NOT file them with the Court.

Applies to

Trial preparation

Must include

conferral about charts, conferral about demonstrative exhibits

Parties must confer about charts and demonstrative exhibits before trial.

Counsel are also required to confer regarding any charts or demonstrative exhibits to be presented at trial.

Applies to

Appointment request

Court appointments for indigents follow 28 U.S.C. § 1915(e)(1).

The Court will follow 28 U.S.C. § 1915(e)(1).

Applies to

Dispositive motion

Dispositive motions ruled on as soon as possible.

The Court will rule on dispositive motions as soon as possible.

Applies to

Scheduling order

Must include

proposed order

Court issues scheduling order after receiving acceptable proposed order.

Once the Court has received an acceptable Proposed Scheduling Order from the Parties, the Court will enter a Scheduling Order that sets the trial date.

Applies to

Initial disclosure

Must include

local rule certificate

Initial disclosures governed by local rules.

Refer to the Rules.

Applies to

Exhibit

Must include

collection after trial

Parties must collect their exhibits at the end of jury trials.

The Parties will collect their respective exhibits at the conclusion of jury trials.

Applies to

Guardian ad litem

Must include

court assignment

Guardians ad litem are assigned by the Court when warranted.

If warranted, the Court assigns GALs.

Applies to

Scheduling order

Refer to Court’s Standing Discovery Order for scheduling orders in criminal cases.

Refer to the Court’s Standing Discovery Order.

Applies to

Plea

Court routinely refers pleas to magistrate judge in criminal cases.

Plea