Western District of Texas Document Filing Requirements

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Notice of removal

Must include

judge name

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.

CRITICALCivil cases

Applies to

Motion

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.

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.

CRITICALCivil cases

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).

CRITICALCivil cases

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).

CRITICALCivil cases

Applies to

Notice of removal

Must include

local rule certificate

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).

CRITICALCivil cases

Applies to

Notice of removal

Must include

local rule certificate

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).

CRITICALCivil cases

Applies to

Pretrial order

Must include

judge name

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.

CRITICALCivil cases

Applies to

Notice of removal

Must include

judge name

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).

CRITICALCivil cases

Applies to

Notice of removal

Must include

judge name, local rule certificate

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).

CRITICALCivil cases

Applies to

Notice of removal

Must include

judge name

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.

CRITICALCivil cases

Applies to

Pretrial checklist

The checklist should be signed by both counsel and filed.

The checklist should be signed by both counsel and filed.

CRITICALCivil cases

Applies to

State court record

Must include

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.

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.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A party seeking to exceed a page limit must move for leave and attach the proposed pleading.

A motion to exceed the page limit is required, and the proposed pleading must be attached.

CRITICALCivil cases

Applies to

Motion

Letter briefs are not permitted; requests for relief must be made by motion, and letter briefs or advisories seeking relief will be dismissed or stricken.

Letter briefs are not permitted. A party who seeks any form of relief shall file the request in the form of a motion. Any letter brief or advisory seeking relief shall be dismissed or stricken.

CRITICALCivil cases

Applies to

Motion to suppress

Must include

certificate of conference

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).

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).

CRITICALCivil cases

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).

CRITICALCivil cases

Applies to

Motion

No. Should you desire oral argument on a motion, such request should be set out in the opening paragraph of the motion.

No. Should you desire oral argument on a motion, such request should be set out in the opening paragraph of the motion.

CRITICALCivil cases

Applies to

Letter brief

Letter briefs are prohibited; requests for relief must be made by motion, and letter briefs or advisories seeking relief will be dismissed or stricken.

Letter briefs are not permitted. A party who seeks any form of relief shall file the request in the form of a motion. Any letter brief or advisory seeking relief shall be dismissed or stricken.

CRITICALCivil cases

Applies to

Deposition objections

Objections to deposition-designated portions must cite pages and lines, include supporting authority, and be filed at least seven days before the final pretrial conference.

Objections to those portions (citing pages and lines) with supporting authority must be filed at least 7 days prior to the final pretrial conference.

CRITICALCivil cases

Applies to

Motion

To obtain a hearing on contested matters identified using the pretrial checklist, file a motion with the checklist attached and request a hearing.

File a motion, attach the check list and ask for a hearing.

CRITICALCivil cases

Applies to

Pretrial objections

Objections not timely disclosed are deemed waived, except objections under Rules 402 and 403, unless the court excuses the failure for good cause.

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.

CRITICALCivil cases

Applies to

Motion to dismiss

Must include

certificate of conference

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).

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).

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Motions must include a certificate of conference and state the reason for any lack of agreement; omission 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.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Request for relief

Any request for relief must be filed as a motion.

A request for any form of relief must be filed in the form of a motion.

CRITICALCivil cases

Applies to

Exhibit objections

Objections to exhibit admissibility must be exchanged and submitted seven days before the final pretrial conference.

Objections to the admissibility of any exhibits must be exchanged and submitted 7 days before the final pretrial conference.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

Applies to

Report of parties planning meeting

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.

CRITICAL

Applies to

Report of parties planning meeting

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.

CRITICAL

Applies to

Juror questionnaire

Must include

proposed questionnaire

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.

CRITICAL

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.

CRITICAL

Applies to

Deposition

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.

CRITICALCivil cases

Applies to

Motion

A motion exceeding ten pages must include a table of contents and a table of authorities.

(5) If in excess of ten (10) pages, a table of contents and table of authorities.

CRITICAL

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.

CRITICAL

Applies to

Summary judgment facts statements

Each fact statement and each denial in the specified summary-judgment documents must be followed by a specific citation to competent witness testimony or trial-admissible evidence.

Pursuant to Federal Rule of Civil Procedure 56(c), each statement of material fact by a movant in the Proposed Undisputed Facts or by a nonmovant in the Response to Proposed ===== PAGE 2 ===== Undisputed Facts, and each denial in a nonmovant's Response to Proposed Undisputed Facts, must be followed by a specific citation to particular parts of (1) the affidavit or declaration of a witness competent to testify as to the facts at trial and/or (2) evidence that would be admissible at trial.

CRITICAL

Applies to

Report of parties planning meeting

The report must state the basis for subject matter jurisdiction with statutory citations and, if contested, specify the basis for the challenge.

[Provide a statement of the basis for subject matter jurisdiction with appropriate statutory citations. If Plaintiff's allegation of subject matter jurisdiction is contested, specify the basis for such challenge.]

CRITICALCivil cases

Applies to

Motion

A motion must include a succinct statement of relevant facts.

(3) A succinct statement of relevant facts;

CRITICAL

Applies to

Motion

Response and motion must be filed as separate documents.

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

CRITICAL

Applies to

Motion

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.

CRITICAL

Applies to

Sentencing objection

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.

CRITICAL

Applies to

Summary judgment motion

Must include

certificate of service

The Proposed Undisputed Facts and Response must be filed and served with the motion, supporting papers, and required certificate of service.

The Proposed Undisputed Facts and Response to Proposed Undisputed Facts referred to above shall be filed and served along with the motion (and supporting papers) and certificate of service required by this Court's Motion Filing Procedure and the Federal Rule of Civil Procedure 56.

CRITICAL

Applies to

Sentencing memorandum

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.

CRITICAL

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.

CRITICAL

Applies to

Notice of removal

Must include

exhibits

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.

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.

CRITICAL

Applies to

Unsworn declaration

An unsworn declaration submitted in opposition must end with the specified statement under penalty of perjury.

However, pursuant to 28 U.S.C. § 1746, the unsworn declaration must contain the following sentence at the end of the declaration: "I declare under penalty of perjury that the foregoing is true and correct. Executed on [date]. [Signature]."

CRITICAL

Applies to

Letter brief

Must include

prohibited

Letter briefs should not be submitted.

Letter briefs should not be submitted.

CRITICAL

Applies to

Summary judgment motion

A summary-judgment motion must include a separately numbered Proposed Undisputed Facts document stating each material fact the movant contends is undisputed.

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.

CRITICALCivil cases

Applies to

Motion

The first page must contain only the motion title below the case caption and number.

(1) On the first page below the case caption and number, only the title of the motion;