Western District of Texas Document Filing Requirements

CRITICAL

Applies to

Report of parties planning meeting

The report must briefly summarize all parties' claims and defenses and the relief sought; if the parties cannot agree on a joint statement, each party must provide a short separate statement.

[Briefly summarize the claims and defenses of all parties and describe the relief sought. If agreement cannot be reached on a joint statement, each party must provide a short separate statement.

CRITICAL

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.

CRITICAL

Applies to

Notice of adr

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.

CRITICAL

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.

CRITICAL

Applies to

Report of parties planning meeting

Counsel must certify that they consulted with clients about the claims, defenses, settlement possibilities, and proposed case management plan, and forwarded the report to their clients.

Undersigned counsel certify that, after consultation with their clients, they have discussed the nature and basis of the parties' claims and defenses and any possibilities for achieving a prompt settlement or other resolution of the case and, in consultation with their clients, have developed the following proposed case management plan. Counsel further certify that they have forwarded a copy of this report to their clients.

CRITICAL

Applies to

Notice to pro se litigant

The movant must attach copies of the full text of Federal Rule of Civil Procedure 56 to the notice.

The movant shall attach to the notice copies of the full text of Rule 56 of the Federal Rules of Civil Procedure

CRITICAL

Applies to

Sentencing memorandum

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.

CRITICAL

Applies to

Summary judgment opposition

The Response to Proposed Undisputed Facts must include a separate Disputed Issues of Material Fact section listing each fact issue claimed to be genuinely disputed.

The Response to Proposed Undisputed Facts shall also include in a separate section entitled “Disputed Issues of Material Fact” a list of each issue of material fact as to which it is contended there is a genuine issue to be tried.

CRITICALCivil cases

Applies to

Motion

A motion must include the parties’ argument and pertinent authority.

(4) Argument of the parties, including pertinent authority;

CRITICAL

Applies to

Report of parties planning meeting

The report must state whether personal jurisdiction is contested and, if so, summarize the parties' competing positions.

[State whether personal jurisdiction is contested and, if it is, summarize the parties' competing positions].

CRITICAL

Applies to

Summary judgment opposition

Summary-judgment opposition papers must include a separately numbered Response to Proposed Undisputed Facts indicating whether each corresponding fact is admitted or denied.

The papers opposing a motion for summary judgment shall include a document entitled “Response to Proposed Undisputed Facts,” which states in separately numbered paragraphs corresponding to the paragraphs contained in the moving party’s Proposed Undisputed Facts whether each of the facts asserted by the moving party is admitted or denied.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Report of parties planning meeting

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.

CRITICAL

Applies to

Deposition

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Preliminary inringement contentions

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:

CRITICAL

Applies to

Juror questionnaire

Must include

proposed order

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

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

CRITICAL

Applies to

Sentencing memorandum

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

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

CRITICAL

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.

CRITICAL

Applies to

Report of parties planning meeting

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.

CRITICAL

Applies to

Sentencing memorandum

Must include

filing deadline

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

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

CRITICAL

Applies to

Sentencing memorandum

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.

CRITICAL

Applies to

Summary judgment evidence

Evidence materials cited in the factual statements must be filed and served with the Proposed Undisputed Facts and Response to Proposed Undisputed Facts.

The affidavits, declarations, deposition testimony, responses to discovery requests, or other documents and materials containing such evidence shall be filed and served with the Proposed Undisputed Facts and the Response to Proposed Undisputed Facts.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Letter brief

Must include

prohibited

Letter briefs should not be submitted.

Letter briefs should not be submitted.

CRITICAL

Applies to

Exhibit

Must include

exhibit list

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.

CRITICAL

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].

CRITICAL

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.

CRITICAL

Applies to

Summary judgment opposition

Facts in the movant’s Proposed Undisputed Facts are deemed admitted unless the opposing party controverts them in the required response.

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 (a)(2) of this Standing Order.

CRITICAL

Applies to

Plea agreement

Must include

signed agreement provided to deputy, client conference before rearraignment

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.

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.

CRITICAL

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.

CRITICAL

Applies to

Notice to pro se litigant

A represented party moving for summary judgment against a pro se party must file and serve a separate notice in the prescribed form.

Any represented party moving for summary judgment against a party proceeding pro se shall file and serve, as a separate document, in the form set forth below, a "Notice to Pro Se Litigant Opposing Motion for Summary Judgment as Required by Standing Order Governing Motions for Summary Judgment."

CRITICAL

Applies to

Report of parties planning meeting

Counsel must make a good-faith attempt to identify undisputed material facts, and the report must state those facts.

Counsel certify that they have made a good faith attempt to determine whether there are any material facts that are not in dispute. The parties state that the following material facts are undisputed

CRITICAL

Pro se parties must include a certification that they will cooperate to promote the just, speedy, and efficient determination of the action.

The undersigned pro se parties certify that they will cooperate with all other parties, counsel of record and the Court to promote the just, speedy, and, efficient determination of this action.

CRITICAL

Applies to

Motion

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.

CRITICAL

Applies to

Removal documents

Must include

state court docket sheet, all state court documents

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order, certificate of conference

Motions without a certificate of conference or proposed order.

Motions without a certificate of conference or proposed order.