Western District of Texas Document Filing Requirements

INFOCivil cases

Applies to

Pretrial filings

This Standing Order governs CV-16(e)-(f) pretrial filings in civil cases before the Court that will be tried to a jury.

The following Standing Order shall control the filing of pretrial filings prescribed by Local Court Rule CV-16(e)-(f) in all civil cases before this Court to be tried before a jury.

INFO

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.

INFO

Applies to

Scheduling order

Must include

judge name

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.

INFO

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.

INFO

Applies to

Scheduling recommendations

Must include

judge name

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.

INFOCivil cases

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.

INFOCivil cases

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.

INFOCivil cases

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

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

INFOCivil cases

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.

INFOCivil cases

Applies to

Dispositive motion

Dispositive motions ruled on as soon as possible.

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

INFOCivil cases

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.

INFOCivil cases

Plea

Plea

INFOCivil cases

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.

INFOCivil cases

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.

INFOCivil cases

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.

INFOCivil cases

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.

INFOCivil cases

Applies to

Initial disclosure

Initial disclosures governed by local rules.

Refer to the Rules.

WARNING

Applies to

Motion

The motion’s title and body should state the result of the required conferences.

Counsel should indicate the result of these conferences in the title and also the body of the motion.