Western District of Texas Document Filing Requirements

CRITICALCivil cases

Applies to

Scheduling order

What is the court's procedure for issuance of scheduling orders in civil cases? Parties are to file a Joint Proposed Scheduling Order. If a Joint Proposed Scheduling Order is not submitted, the court will issue a scheduling order.

What is the court's procedure for issuance of scheduling orders in civil cases? Parties are to file a Joint Proposed Scheduling Order. If a Joint Proposed Scheduling Order is not submitted, the court will issue a scheduling order.

CRITICALCivil cases

Applies to

Non-dispositive motion

Must include

certificate of conference

Non-dispositive motions without Certificate of Conference may be stricken.

The Court may strike any non-dispositive motions that do not include a Certificate of Conference. See W.D. Tex. R. CV-7(g).

CRITICALCivil cases

Applies to

Demonstrative exhibit

Must include

exchange with adversary

Demonstratives must be exchanged within 24 hours of trial presentation.

Yes. Within 24 hours of being presented at trial.

CRITICALCivil cases

Applies to

Patent trademark copyright case

Counsel must file AO Form 120 or 121 for patent/trademark/copyright cases at commencement.

It is ORDERED, at the commencement of the action, counsel filing such an action shall be responsible for the timely preparation and electronic filing of the Report on the Filing or Determination of an Action Regarding a Patent or Trademark, AO Form 120, using the Notice of Filing of Patent/Trademark Form event or Report on the Filing or Determination of an Action or Appeal Regarding a Copyright, AO Form 121, using the Notice of Copyright Form, AO Form 121, through this Court’s CM/ECF system.

CRITICALCivil cases

Applies to

Rule 7 1 disclosure statement

Must include

judge name

Nongovernmental corporate parties must file Rule 7.1 disclosure statement with first filing and supplement if information changes.

Any nongovernmental corporate party must file its Fed. R. Civ. P. 7.1 Disclosure Statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. If any required information changes, any nongovernmental corporate party must promptly file a supplemental statement.

CRITICALCivil cases

Applies to

Initial disclosures

Must include

caption, judge name

Rule 26(a)(1) initial disclosures must be exchanged within 14 days of this order.

If not already exchanged, the parties must serve the Rule 26(a)(1) initial disclosures on each other no later than 14 days from the date this Order is signed.

CRITICALCivil cases

Applies to

Motion to amend

Must include

redline comparison

Motions for leave to file an amended pleading should include a redline comparison of the proposed amended pleading against the previous version.

Motions for leave to file an amended pleading should include a redline comparison of the proposed amended pleading against the previous version.

CRITICALCivil cases

Discovery must comply with Local Rule AT-4 standards.

Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4.

CRITICALCivil cases

Applies to

Sentencing memorandum

Must include

unresolved objections, authorities relied upon, sentencing recommendations

Objections to PSIR/Guideline Worksheet first go to Probation Officer, then 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, any authorities relied upon and sentencing recommendations for the Court's consideration.

CRITICALCivil cases

Applies to

Notice of removal

A notice of removal must plead an individual’s citizenship; alleging residence alone is insufficient.

For individuals, pleading residence is insufficient; the notice of removal must plead their citizenship.

CRITICALCivil cases

Applies to

Motion

A motion filed in state court before removal that remains unresolved must be refiled as a new motion in this 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

Deposition

Must include

copy to chambers, page line citation, objections with authority

Depositions must be provided to Courtroom Deputy before trial; objections with authority due 3 business days before trial.

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

Notice of removal

A party seeking diversity jurisdiction must specifically allege the citizenship of every member of each LLC or partnership involved in the litigation.

“A party seeking to establish diversity jurisdiction must specifically allege the citizenship of every member of every LLC or partnership involved in a litigation.”

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Letter brief

Letter briefs should not be submitted.

Letter briefs should not be submitted.

CRITICALCivil cases

Applies to

Motion

Specific motion filing rules: no combined response/motion, background statement for suppression motions, written trial date modifications, and in limine motions limited to disputed matters.

• Do not submit a response and a motion together in one document. • Motions to Suppress should contain a background statement of uncontested facts. • Any request that a trial date be modified must be made in writing. • A motion in limine must be confined to matters actually in dispute.

CRITICALCivil cases

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

Trial exhibit

Must include

exhibit number

Trial exhibits must be marked and exchanged 3 days before trial, but not delivered to court until trial starts.

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 3 days before the date of the trial setting. Unless the court advises the parties otherwise, however, they must not deliver trial exhibits, or the court's copies of such exhibits, to the court before the date the trial actually commences.

CRITICALCivil cases

Applies to

Motion to dismiss

Motions to Dismiss and Motions for Summary Judgment should contain a background statement of uncontested facts.

Motions to Dismiss and Motions for Summary Judgment should contain a background statement of uncontested facts.

CRITICALCivil cases

Applies to

Rule 26f report

Must include

proposed order

The parties’ Rule 26(f) written report outlining their proposed discovery plan should be filed at the same time the parties submit their proposed scheduling order.

The parties’ Rule 26(f) written report outlining their proposed discovery plan should be filed at the same time the parties submit their proposed scheduling order.

CRITICALCivil cases

Applies to

Jury questionnaire

Must include

permission required

Only with permission. The proposed questionnaire should be provided to the Court as soon as possible, but no later than 60 days before trial.

Only with permission. The proposed questionnaire should be provided to the Court as soon as possible, but no later than 60 days before trial.

CRITICALCivil cases

Applies to

Advisory

The advisory must state whether the case was removed from one of the listed counties and, if not, identify the county of removal.

(d) Was this case removed from one of the following counties: Atascosa, Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, Real, or Wilson. If no, state what county it was removed from.

CRITICALCivil cases

Applies to

Final joint pretrial order

Must include

proposed order

Final Joint Pretrial Order required with items specified in Scheduling Order

A Final Joint Pretrial Order is required. A listing of items required to be included are specified in the Scheduling Order.

CRITICALCivil cases

Applies to

Voluntary dismissal

Must include

case number

Court will sign voluntary dismissals only if all issues are resolved.

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

CRITICALCivil cases

Applies to

Advisory

The advisory must state when the removing party was served, explain a notice of removal filed more than 30 days later, or identify and date any “other paper” supporting removal and provide it if not already provided.

(a) The date on which the removing party was served with a summons and petition. If the Notice of Removal is filed more than thirty days after this date, explain why. If removal is based on “other paper,” identify the paper (provide it if not already provided) and state the date on which it was received.

CRITICALCivil cases

Applies to

Motion

Must include

re urge state court motion

Motions filed in state court must be re-urged in federal court

Parties must re-urge any motion that was filed in state court.

CRITICALCivil cases

Applies to

Notice of removal

In a diversity removal, the removing party must properly plead all parties’ citizenship to demonstrate complete diversity.

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 that there is complete diversity by properly pleading the citizenship of all parties.

CRITICALCivil cases

Applies to

Notice of removal

A removing party must allege a corporation’s state of incorporation and principal place of business.

The removing party must allege both a corporation’s state of incorporation and its principal place of business.

CRITICALCivil cases

Applies to

Motion in limine

Motions in limine must address only disputed matters.

A motion in limine must be confined to matters actually in dispute.

CRITICALCivil cases

Applies to

Notice of removal

When LLC members or partnership partners are themselves entities or associations, citizenship must be traced through each layer until reaching an entity that is not a limited liability entity or partnership and identifying its citizenship.

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.

CRITICALCivil cases

Applies to

Scheduling order

Must include

proposed order

Court requires parties to confer and submit proposed scheduling order

The Court will send the parties an order requiring them to confer and submit a proposed scheduling order to the Court. Failure to submit a proposed scheduling order will result in the Court issuing its own order.

CRITICALCivil cases

Applies to

Response

Must include

separate document

Response and motion must be separate documents.

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

CRITICALCivil cases

Applies to

Plea agreement

Must include

advance submission, client conference required

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.

CRITICALCivil cases

Applies to

Advisory

The advisory must identify any defendant served before removal who did not formally join the notice of removal, state the reasons, and provide any written consents not already on file.

(c) Identify any defendant who had been served prior to the time of removal who did not formally join in the notice of removal and the reasons therefor (provide copies of written consents, if any, if not already on file).

CRITICALCivil cases

Applies to

Motion to dismiss

Must include

separate document

Motion to dismiss and answer must be separate documents.

Do not combine a motion to dismiss and an answer in one document.

CRITICALCivil cases

Applies to

Supplemental briefing

Must include

motion for leave

Supplemental briefing permitted with motion for leave of court.

Yes. Parties may file a motion for leave of court to submit supplemental briefing.

CRITICALCivil cases

Applies to

Advisory

The advisory must identify whether any defendants served before removal are Texas citizens.

(b) Identify whether any defendants who had been served prior to the time of removal are citizens of Texas.

CRITICALCivil cases

Applies to

Rule 26f report

Must include

proposed order

Except in categories of proceedings exempted from initial disclosure under Fed. R. Civ. P. 26(a)(1)(E), the parties must, as soon as practicable and in any event at least 21 days before a proposed scheduling order is due, confer to consider all matters required by Rule 26(f).

Except in categories of proceedings exempted from initial disclosure under Fed. R. Civ. P. 26(a)(1)(E), the parties must, as soon as practicable and in any event at least 21 days before a proposed scheduling order is due, confer to consider all matters required by Rule 26(f).

CRITICALCivil cases

Applies to

Exhibit inventory

Must include

signature required

Exhibits returned at trial conclusion; counsel must sign inventory and preserve exhibits for appeal.

At the conclusion of trial, the Courtroom Deputy will approach counsel and return all exhibits. Counsel will be required to sign an Inventory of Exhibits. Counsel are responsible for maintaining exhibits in an unaltered and safe manner for appeal.

CRITICALCivil cases

Applies to

Deposition

Must include

copy to chambers

Deposition procedures require 3 business days for objections and copies to Courtroom Deputy.

The Court will accept the parties' agreement to use a deposition at trial even though the witness is available. Otherwise, parties must follow Fed. R. Civ. P. 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. Use of videotape depositions is permitted to the extent the parties agree on admissibility or edit to resolve objections.

CRITICALCivil cases

Applies to

Sentencing memorandum

Must include

exhibits or letters

As part of the Sentencing Memorandum, counsel may submit exhibits/letters. The Sentencing Memorandum should be filed with the Clerk's Office as least 3 days prior to any sentencing hearing. Counsel shall provide a copy of the Sentencing Memorandum to the U. S. Probation Officer and opposing counsel.

As part of the Sentencing Memorandum, counsel may submit exhibits/letters. The Sentencing Memorandum should be filed with the Clerk's Office as least 3 days prior to any sentencing hearing. Counsel shall provide a copy of the Sentencing Memorandum to the U. S. Probation Officer and opposing counsel.

CRITICALCriminal cases

Applies to

Joint proposed jury charge

Instructions from other circuits require full text, circuit name, and edition/year

If a party proposes an instruction from another circuit’s pattern jury instructions, that party must provide the section, title, and full text of the specific section containing the proposed instruction, along with the name of the circuit and the year/edition of the pattern jury instructions.

CRITICALCriminal cases

Applies to

Joint proposed jury charge

Disagreements require full text of each party's proposed charge with highlighting and nature of disagreement identified

If the parties disagree on any instruction or set of instructions (as provided under a section of the pattern jury instructions), each party must provide the full text of their respective proposed charge, denoting the party’s name and highlighting, or otherwise pointing out, those portions of the instruction or the set of instructions about which the parties disagree, and the nature of the parties’ disagreement. If a specific instruction or set of instructions is proposed by only one party, that party must provide the full text of the proposed instruction or set of instructions, denoting that proposing party’s name, and the other party must include the nature of its objection, if any, to the proposed instruction or set of instructions.

CRITICALCriminal cases

Applies to

Witness list

Parties must file a list of potential trial witnesses.

The parties shall file a list of any potential trial witnesses.

CRITICALCriminal cases

Applies to

Brady disclosure

Must include

no request required, continuing disclosure obligation

Government has continuing Brady disclosure obligations regardless of defendant's request

The Court reminds the Government of its continuing obligation to disclose any exculpatory evidence to the Defendant and to learn of any such evidence known to others acting on the Government’s behalf. See Kyles v. Whitley, 514 U.S. 419 (1995). The Government’s disclosure obligations apply even when the defendant has not requested any exculpatory evidence from the Government. See United States v. Agurs, 427 U.S. 97 (1976).

CRITICALCriminal cases

Applies to

Brady disclosure

Must include

brady not diminished by jencks, brady not diminished by rule 16, in came review for non material

Brady obligations not diminished by Jencks Act or Rule 16; submit non-material exculpatory evidence for in camera review

These obligations to timely provide exculpatory evidence are not diminished by the fact that such evidence also constitutes evidence that must be produced later under the Jencks Act, 18 U.S.C. § 3500, or by the fact that such evidence need not be produced according to Federal Rule of Criminal Procedure 16. See United States v. Campagnuolo, 59 F.2d 852 (5th Cir. 1979); Fed. R. Crim P. 16 advisory comm.’s notes to 1974 amend. (“The rule is intended to prescribe the minimum amount of discovery to which the parties are entitled.”). If the Government identifies any evidence which it believes to be exculpatory or favorable to the Defendant but not material, the Government shall submit such information to the Court for in camera review.

CRITICALCriminal cases

Applies to

Trial length estimation

Must include

joint proceedings

Joint statement estimating trial length required.

The parties shall jointly file a statement with an estimate of the probable length of trial.

CRITICALCivil cases

Applies to

Opening brief

Plaintiff's opening brief must include four required sections: statement of the case with record citations, statement of issues, summary of arguments (not just headings), and arguments with citations.

The plaintiff's opening brief must contain: (a) A statement of the case. This statement must briefly describe the procedural history, including any disposition, at the administrative level and must set forth a concise statement of the case setting out the facts relevant to the issues submitted for review. Each statement of fact shall be supported by reference to the page in the record where the evidence may be found. (b) A statement of the issues for review. This statement should include a list of specific errors which the plaintiff claims were committed by the Administrative Law Judge or the Appeals Council. (c) A Summary of Arguments. The summary must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief, and which must not merely repeat the argument headings. (d) Arguments. This section of the brief must contain the plaintiff's contentions and the reasons for them, with citations to the authorities and parts of the record on which the plaintiff relies.

CRITICALCriminal cases

Applies to

Joint proposed jury charge

Substantive offense instructions require section, title, and full text with case-specific modifications

For substantive offense jury instructions based on the Fifth Circuit Pattern Jury Instructions, the parties must provide the section, title, and full text (modified with case specific information as needed) of the specific section containing the proposed instruction.

CRITICALCriminal cases

Applies to

Exhibits

Trial exhibits must be uploaded to Box with file names matching proposed labels and following JERS naming convention.

The parties shall follow these instructions and upload all trial exhibits to Box. The file name for each uploaded exhibit must match that exhibit's proposed label on the record and follow the naming convention required by the Jury Evidence Recording System (JERS)