Western District of Texas Document Filing Requirements

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Proposed claim constructions

Parties must exchange proposed claim constructions 11 weeks after CMC.

11 weeks after CMC Parties exchange proposed claim constructions.

CRITICALCivil cases

Applies to

Markman brief

Must include

patents in suit, 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.

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Notification

Must include

case number

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.

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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 hearing instructions, exhibits lists, witness lists, discovery and deposition designations); file oppositions to motions in limine.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil casesProposed or draft document; may not be in force

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.

CRITICALCivil casesProposed or draft document; may not be in force

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.

CRITICALCivil casesProposed or draft document; may not be in force

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.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Joint pretrial order

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

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

CRITICALCivil casesProposed or draft document; may not be in force

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.

CRITICALCivil casesProposed or draft document; may not be in force

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.

CRITICALCivil casesProposed or draft document; may not be in force

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).

CRITICALCivil casesProposed or draft document; may not be in force

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.

CRITICALCivil casesProposed or draft document; may not be in force

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.

CRITICALCivil casesProposed or draft document; may not be in force

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.

CRITICALCivil casesProposed or draft document; may not be in force

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.

CRITICALCivil casesProposed or draft document; may not be in force

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCriminal cases

Applies to

Letter

Acceptance-of-responsibility letters must address the defendant’s conduct related to the counts of conviction, follow the guideline in every particular, and be provided to the probation officer within 30 days of the guilty plea.

Therefore, any letter written to substantiate acceptance of responsibility in a criminal case in these divisions must, at a minimum: 1. fully address the defendant's conduct related to the counts(s) of conviction; 2. follow the acceptance of responsibility guideline in every particular; and 3. be provided to the probation officer within thirty (30) days from the date of the defendant's guilty plea.

CRITICAL

Applies to

Motion for continuance

Must include

certificate of conference

A motion for continuance must include a Certificate of Conference stating that all parties conferred and each party’s position on the motion.

Motions for continuances filed in the U.S. District Court for the Midland/Odessa and Pecos Divisions of the Western District of Texas must include a Certificate of Conference stating that all parties have conferred. The Certificate of Conference shall state each party's position regarding the motion.

CRITICALCivil cases

Applies to

Notice of venue or jurisdictional discovery

Parties must file a notice of venue or jurisdictional discovery when that 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.

CRITICALCivil cases

Applies to

Joint proposed order

Must include

proposed order

Within seven days after a discovery hearing, the parties must email the law clerk a joint proposed order containing the positions, requested relief, and their understanding of the ruling.

Within seven days of a discovery hearing, the parties shall email a Joint Proposed Order to the Court's law clerk including 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.

CRITICALCivil cases

Applies to

Joint notice

An agreement to dismiss 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 rather than a motion.

CRITICALCivil cases

Applies to

Jurisdictional discovery

For jurisdictional discovery, each party is limited to five interrogatories, 10 requests for production, and 10 hours of deposition testimony.

jurisdiction: each party is limited to five interrogatories, 10 Requests for Production, and 10 hours of deposition testimony.

CRITICALCivil cases

Applies to

Non dispositive motion

Must include

proposed order

Each non-dispositive motion must include a proposed Order whose title omits the word “Proposed.”

For all non-dispositive motions, the parties must submit a proposed Order (omitting the word "Proposed" from the title).

CRITICALProposed or draft document; may not be in force

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.

CRITICALCivil cases

Applies to

Joint claim construction statement

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

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

CRITICALCivil cases

Applies to

Case readiness status report

The parties must meet and confer before jointly filing the CRSR.

The parties must meet and confer before jointly filing the CRSR.

CRITICALCivil cases

Applies to

Invalidity contentions

The Defendant's § 101 contention must identify the alleged ineligible concept and conventional elements and produce supporting prior art to the extent it is not duplicative of §§ 102 and 103 contentions.

The § 101 contention shall: (1) identify the alleged abstract idea, law of nature, and/or natural phenomenon in each challenged claim; (2) identify each claim element alleged to be well-understood, routine, and/or conventional; and (3) produce prior art for the contention that claim elements are well-understood, routine, and/or conventional to the extent not duplicative of §§ 102 and 103 prior art contentions.

CRITICALCivil cases

Applies to

Motion to dismiss

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.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

Failure to provide a proposed written order for the docket waives the dispute for appeal.

Failure to provide a proposed written order for the docket will result in waiver of the dispute for appeal.

CRITICALCivil cases

Applies to

Motion

Motions must pin cite the sections of cases or exhibits on which they rely.

When citing cases or exhibits in a motion, parties must pin cite the sections relied upon.

CRITICALCivil cases

Applies to

Motion

A motion referencing an expert report must attach a full copy of the report as an exhibit.

For any motion referencing an expert report (e.g., motions to strike, Daubert motions, and summary judgment motions), the Court requires full copies of the expert report attached as an exhibit.

CRITICALCivil cases

Applies to

Confidentiality disclosure

If a party has no outside attorney, confidential material may be disclosed only to one designated in-house attorney, whose identity and job functions must be disclosed to the producing party five days before disclosure.

If a party is not represented by an outside attorney, disclosure of the confidential document or information is limited to one designated “in-house” attorney, whose identity and job functions must be disclosed to the producing party five days prior to any such disclosure to permit any motion for protective order or other relief regarding such disclosure.

CRITICALCivil cases

Applies to

Ipr notice

5. The Plaintiff must file a notice informing the Court when an IPR is filed, the expected time for an institution decision, and the expected time for a final written decision, within two weeks of the filing of the IPR.

5. The Plaintiff must file a notice informing the Court when an IPR is filed, the expected time for an institution decision, and the expected time for a final written decision, within two weeks of the filing of the IPR.

CRITICALCivil cases

Applies to

Amendment to add patent claims

Amendments adding patent claims require leave of court to allow consideration of scheduling issues.

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

CRITICALCivil cases

Applies to

Motion

If the parties cannot agree on a Scheduling Order, they must submit a joint motion briefly stating their scheduling disagreements.

If the parties cannot agree, the parties shall submit a joint motion for entry of a Scheduling Order briefly setting forth their scheduling disagreement(s).

CRITICALCivil cases

Applies to

Motion

Must include

judge name

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.