Western District of Texas Document Filing Requirements

INFOCivil cases

Applies to

Motion

The Court encourages parties to highlight or annotate relied-upon sections of exhibits or expert reports.

The Court also encourages parties to highlight and/or annotate the relied-upon sections of exhibits or expert reports (e.g., patents, transcripts, contracts) to facilitate the Court's analysis of the motion.

INFOCivil cases

Applies to

Markman brief

Must include

caption

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.

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.

INFOCivil cases

Applies to

Supporting declaration

A supporting declaration should identify any highlighted or annotated exhibit.

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

INFOCivil cases

Applies to

Pleading

A party may re-plead the allegations with specificity if they are supported by a good-faith basis under Rule 11.

The party will have leave to re-plead those allegations with specificity if supported by a good faith basis under Rule 11.

INFOCivil cases

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.

INFOCivil cases

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.

INFO

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

INFO

Applies to

Brief

Must include

exhibits

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

INFO

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

INFO

Must include

address from lectern

Counsel should address the Court from the lectern.

From the lectern.

INFO

Applies to

Videotape deposition

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.

INFO

Yes.

Yes.

INFO

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.

INFO

Applies to

Deposition testimony

Must include

excerpts provided

Yes, see above for guidelines.

Yes, see above for guidelines.

INFO

Yes.

Yes.

INFO

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.

INFO

Applies to

Voluntary dismissal

Voluntary dismissals require resolution of all issues.

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

INFO

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.

INFO

Applies to

Discovery

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.

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.

INFO

Applies to

Juror questionnaire

Must include

proposed order

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.

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.

INFO

Applies to

Demonstrative aid

Must include

exhibit list

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.

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.

INFO

Applies to

Attorney practice

Must include

preparation, knowledge of rules, competent assistance

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

INFO

Applies to

Scheduling 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.

INFO

Applies to

Demonstrative aid

Must include

exhibit list

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.

INFO

Applies to

Report of parties planning meeting

RPPM must satisfy FRCP 26(f) requirements.

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

INFO

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.

INFO

Applies to

Report of parties planning meeting

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.

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.

INFO

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.

INFOCivil cases

Yes.

Yes.

INFOCivil cases

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.

INFOCivil cases

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.

INFOCivil cases

Applies to

Letter brief

No.

No.

INFOCivil cases

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.

INFOCivil cases

Applies to

Stipulated order

Must include

caption, judge name

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.

INFOCivil cases

Applies to

Pretrial conference

Must include

proposed order

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.

INFOCivil cases

Applies to

Notice of removal

Before pleading citizenship on information and belief, the removing party should consult available sources, including court filings and public records, to ensure good-faith pleading.

Before doing so, the removing party should consult the sources at its disposal, including court filings and other public records to ensure good faith pleading.

INFOCivil cases

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.

INFOCivil cases

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.

INFOCivil cases

Applies to

Discovery disclosure

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.

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.

INFOCivil cases

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.

INFOCivil cases

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.

INFOCivil cases

Must include

proposed order

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.

INFOCivil cases

Applies to

Scheduling order

Must include

trial date

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.

INFOCivil cases

Must include

case number

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).

INFOCivil cases

Applies to

Motion in limine

Must include

proposed order

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.

INFO

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.

INFO

Applies to

Attendance preference email

Must include

counsel names, attendance preference, confidential information notice

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.

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.

INFO

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.

INFOCivil cases

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.

INFO

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.