Western District of Texas Document Filing Requirements

CRITICALCriminal cases

Applies to

Trial exhibits

Must include

specific naming, electronic filing

Before the pretrial conference, the Courtroom Deputy will email instructions Trial with a Box File Request link to each party. 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): https://www.txwd.uscourts.gov/for-attorneys/jers-jury- evidence-recording-system/. Counsel must use specific, descriptive file names rather than vague or generic labels, as these file names will be visible to jurors when viewed through JERS at the end of a jury trial.

Before the pretrial conference, the Courtroom Deputy will email instructions Trial with a Box File Request link to each party. 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): https://www.txwd.uscourts.gov/for-attorneys/jers-jury- evidence-recording-system/. Counsel must use specific, descriptive file names rather than vague or generic labels, as these file names will be visible to jurors when viewed through JERS at the end of a jury trial.

CRITICALCriminal cases

Applies to

Joint exhibit list

Must include

objections, agreed exhibits, joint proceedings

Joint Exhibit List required after party conference, listing agreed exhibits and objections.

The parties shall file a Joint Exhibit List. Before filing, the parties must confer and discuss the admissibility of their respective exhibits. The Joint Exhibit List shall list the exhibits that the parties jointly agree to admit and identify any objections to the other party’s designated exhibits to which a party objects. The Court will address any disputed exhibits at a pretrial conference held before trial. The parties shall number their exhibits under Local Rule CV-16(h).

CRITICALCriminal cases

Applies to

Witness list

List of potential trial witnesses required.

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

CRITICALCivil cases

Applies to

Notice of electronic filing

Must include

notice of electronic filing

Commissioner's answer deadline triggered by specific NEF stating 60-day deadline

The Commissioner’s deadline to serve and file an answer or a Federal Rule of Civil Procedure 12 motion as provided under Rule 4 of the Supplemental Rules of Social Security Actions of the Federal Rules of Civil Procedure (hereinafter, the Supplemental Rules) IS TRIGGERED by a Notice of Electronic Filing that (a) is sent by the Court or its Clerk’s Office to the appropriate office within the Administration’s Office of General Counsel and to the United States Attorney for this District and (b) substantially states, “The Commissioner’s Answer is due within 60 days of the date of this Notice of Electronic Filing.”

CRITICALCriminal cases

Applies to

Brady disclosure

Must include

napue materials, giglio materials, exculpatory evidence +1 more

Government must disclose Brady/Giglio/Napue materials to defendant

The Government shall disclose to the Defendant and permit inspection and copying of all information and materials known to the Government which may favor the Defendant on the issues of guilt or punishment within the scope of Brady v. Maryland, 373 U.S. 83 (1963), or which tends to impeach the Government witnesses. The Government shall also disclose to the Defendant the existence and substance of any payments or promises of immunity, leniency, or preferential treatment made to prospective Government witnesses within the scope of Giglio v. United States, 405 U.S. 150 (1972), and Napue v. Illinois, 360 U.S. 264 (1959).

CRITICALCriminal cases

Applies to

Trial exhibits

Must include

electronic filing, before deliberations

All admitted trial exhibits must be uploaded to Box before jury deliberations.

Parties must ensure that all trial exhibits admitted into evidence are uploaded to Box before deliberations begin. Exhibits not uploaded will not be available for release to the jury through JERS.

CRITICALCriminal cases

Applies to

Joint proposed jury charge

General instructions: list section numbers/titles; case-specific or modified sections require full text with changes identified

For general and preliminary jury instructions based on the Fifth Circuit Pattern Jury Instructions, the parties need only provide a list of the applicable section numbers and titles (e.g., § 1.05 Presumption of Innocence, Burden of Proof, Reasonable Doubt), not the full text. But if a section requires case- specific information (e.g., § 1.18 regarding Expert Opinion Testimony requires the name of expert and subject matter of the expert’s opinion testimony) or if the parties substantively modify the text of any section in the Joint Proposed Charge, the parties must also provide the full text of the affected section as modified and clearly identify the changes.

CRITICALCriminal cases

Applies to

Joint motion in limine

Joint Motion in Limine must identify agreed and disputed items including objections, filed only after conferring.

The parties shall file a Joint Motion in Limine but only after the parties confer and discuss their individual motion(s), if any. The Joint Motion in Limine shall identify the items that the parties jointly agree on and the items they dispute, including any related objections.

CRITICALCriminal cases

Applies to

Exhibits

All admitted trial exhibits must be uploaded to Box before deliberations begin or they will not be available to jury.

Parties must ensure that all trial exhibits admitted into evidence are uploaded to Box before deliberations begin. Exhibits not uploaded will not be available for release to the jury through JERS.

CRITICALCriminal cases

Applies to

Joint exhibit list

Joint Exhibit List must list agreed exhibits and identify objections, filed after conferring on admissibility.

The parties shall file a Joint Exhibit List. Before filing, the parties must confer and discuss the admissibility of their respective exhibits. The Joint Exhibit List shall list the exhibits that the parties jointly agree to admit and identify any objections to the other party's designated exhibits to which a party objects.

CRITICALCriminal cases

Applies to

Stipulated facts

List of proposed stipulated facts required if applicable.

The parties shall file a list of proposed stipulated facts, if any.

CRITICALCivil cases

Applies to

Opening brief

Opening brief must contain specific sections: statement of case, issues, summary of arguments, and arguments

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 motion in limine

Must include

agreed items, disputed items, joint proceedings

Joint Motion in Limine required after party conference, identifying agreed and disputed items.

The parties shall file a Joint Motion in Limine but only after the parties confer and discuss their individual motion(s), if any. The Joint Motion in Limine shall identify the items that the parties jointly agree on and the items they dispute, including any related objections. The Court will address any disputed items at a pretrial conference held before trial.

CRITICALCriminal cases

Applies to

Joint proposed jury charge

Must include

joint filing, email word version, subject line requirements

Parties must file joint proposed jury charge and verdict form, email Word version to judge

The parties shall meet and confer, and then file a Joint Proposed Jury Charge and a Verdict Form consistent with the guidelines below. Upon filing, the parties shall promptly email a Microsoft Word version of the Joint Purposed Jury Charge and the Verdict Form as filed, to the undersigned’s email address at anne_berton@txwd.uscourts.gov (the email’s subject line must include the case number and the text “Joint Proposed Jury Charge”). The Court prefers that the Proposed Jury Charge be based on the Fifth Circuit Pattern Jury Instructions (the most recent edition), but the Court may consider instructions based on another circuit’s pattern jury instructions.

CRITICALCivil cases

Applies to

Motion to seal

Must include

certificate of conference

Every motion to seal information designated confidential by a party or non-party must certify that the parties met and conferred.

All motions to seal information that has been designated as confidential, whether by a party or non- party to the action, must include language certifying that the meet and confer requirement has been met.

CRITICALCivil cases

Applies to

Exhibits

Trial exhibits must be pre-marked at the final pre-trial conference.

Any exhibit which may be introduced at trial must be pre-marked at the final pre-trial conference.

CRITICALCivil cases

Applies to

Proposed findings conclusions

Proposed findings of fact and conclusions of law are required in non-jury trials.

Proposed Findings of Fact and Conclusions of Law are required in non-jury trials.

CRITICALCivil cases

Applies to

Motion to seal

Must include

certificate of conference

Motions to seal must include certification of meet and confer compliance.

All motions to seal information that has been designated as confidential, whether by a party or non- party to the action, must include language certifying that the meet and confer requirement has been met.

CRITICALCivil cases

Applies to

Proposed findings conclusions

Proposed Findings of Fact and Conclusions of Law are mandatory in non-jury civil trials.

Proposed Findings of Fact and Conclusions of Law are required in non-jury trials.

CRITICALCivil cases

Applies to

Demonstrative exhibit

Demonstrative exhibits must receive Court approval before being shown to the jury at trial.

Demonstrative exhibits used during trial must be approved by the Court prior to being displayed to the jury.

CRITICALCivil cases

Applies to

Notice of settlement

Notice of Settlement must be filed promptly upon case settlement.

If the parties settle their case, counsel shall promptly file a Notice of Settlement.

CRITICALCivil cases

Applies to

Trial exhibit

Any exhibit that may be introduced at trial must be pre-marked at the final pre-trial conference.

Any exhibit which may be introduced at trial must be pre-marked at the final pre-trial conference.

CRITICALCivil cases

Applies to

Stipulation of dismissal

Stipulation of dismissal must be filed within 30 days of Notice of Settlement filing or before trial, whichever is sooner.

Additionally, the parties must submit a stipulation of dismissal or an agreed order of dismissal within 30 days of the date the Notice of Settlement was filed or before the trial date, whichever is sooner, unless that date is extended by the Court upon motion, or the Court directs otherwise.

CRITICAL

Applies to

Audio recording request

Must include

payment, cm ecf filing, audio recording order form

Audio recording requests require AO 436 form, CM/ECF filing, and $34 payment by mail.

To request an audio recording, please complete out the Audio Recording Order form (AO 436) and e-file the form to CM/ECF (using the same "Transcript Request" selection as discussed above). Please also submit a $34.00 payment made out to "Clerk, US District Court" and mail it to US Courthouse, 800 Franklin Ave., Room 380, Waco, Texas 76701.

CRITICAL

Applies to

Motion

Must include

proposed order

All extension requests must be made by motion with title indicating joint/unopposed/contested status and proposed order.

Any standing order regarding joint or unopposed requests to change deadlines does not apply to cases referred to the undersigned. It is therefore ORDERED that in all cases referred to the undersigned, any requests to extend any deadline or to amend any portion of a scheduling order shall be made by motion; shall indicate in the title whether it is joint, unopposed, or contested; and shall include a proposed order.

CRITICAL

Applies to

Transcript request

Must include

cm ecf filing, transcript order form

For court reporter hearings, request transcript from reporter, complete AO 435, and file CM/ECF request.

For hearings Reported by a court reporter, the contact information for the reporter will appear on the minute entry, and a transcript can be obtained by: 1. Requesting the transcript (orally or by email) from the listed court reporter; 2. Completing Transcript Order Form (AO 435), flatten the PDF; and 3. File a Transcript Request in CM/ECF under "Other Documents" (see below).

CRITICAL

Applies to

Transcript request

Must include

cm ecf filing, transcript order form

Transcript requests require completing AO 435 form and CM/ECF filing.

To request a transcript, please also then complete steps (2) and (3) above (fill out AO435 Form and submit on CM/ECF).

CRITICALCivil cases

Applies to

Exhibits

Parties are encouraged to submit their exhibits, demonstratives or presentation slides for hearings at least one (1) hour except as otherwise instructed by the court before the hearing start time via email to opposing counsel and court staff

Parties are encouraged to submit their exhibits, demonstratives or presentation slides for hearings at least one (1) hour except as otherwise instructed by the court before the hearing start time via email to opposing counsel and court staff

CRITICAL

Applies to

Transcript request

Must include

court approved reporter

For these Audio-Recorded hearings, a copy of the proceedings is available upon request and payment by either: A. Requesting a transcript of the digitally recorded court proceeding to be made by a court-approved reporter, OR

For these Audio-Recorded hearings, a copy of the proceedings is available upon request and payment by either: A. Requesting a transcript of the digitally recorded court proceeding to be made by a court-approved reporter, OR

CRITICAL

Applies to

Transcript request

Must include

exclusive request

Parties cannot request both transcript and audio recording; once transcript requested, audio unavailable.

A party may not request both options, and once any party requests option (A), no audio recordings will be made available for purchase.

CRITICAL

Applies to

Exhibit

Exhibit number must be displayed on first page bottom right corner.

The exhibit number needs to be clearly displayed on the first page of each exhibit. i.e. “P 1” or “Plaintiff Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:

CRITICAL

Applies to

Exhibit

Government exhibit number must be displayed on first page bottom right corner.

i.e. “G 1” or “Government Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:

CRITICAL

Applies to

Exhibit

Joint exhibit number must be displayed on first page bottom right corner.

i.e. “J 1” or “Joint Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:

CRITICAL

Applies to

Exhibit

Defendant exhibit number must be displayed on first page bottom right corner.

i.e. “D 1” or “Defendant Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:

CRITICALCivil cases

Applies to

Separate pretrial filing

Each party’s separate filing must include the questions it wants the Court to ask prospective jurors.

(1) A list of questions the party desires the court to ask prospective jurors.

CRITICALCivil cases

Applies to

Joint pretrial filing

The joint pretrial filing must identify each exhibit, except impeachment-only exhibits, and distinguish exhibits expected to be offered from those that may be offered if needed.

(4) An appropriate identification of each exhibit as specified in this rule (except those to be used for impeachment only), separately identifying those that the party expects to offer and those that the party may offer if the need arises.

CRITICALCivil cases

Applies to

Joint pretrial filing

The joint pretrial filing must list objections to the other party’s designated deposition testimony under Rule 32(a).

(1) A list disclosing any objections to the use under Rule 32(a) of deposition testimony designated by the other party.

CRITICALCivil cases

Applies to

Separate pretrial filings

Each party must file the information specified in CV-16(e)(1) and (e)(7)-(9) separately.

The following information shall be filed by each party separately: Local Court Rule CV-16(e)(1) and (e)(7)-(9).

CRITICALCivil cases

Applies to

Joint pretrial filing

The joint document must identify any disagreements, indicate where they arise, and state the parties’ positions.

The document shall indicate if, and where, there is a disagreement between or among the parties and shall set forth the parties' positions on the matter.

CRITICALCivil cases

Applies to

Joint pretrial filing

Exhibit identifications and objections required by CV-16(f)(2) must be incorporated with the CV-16(e)(4) exhibit information.

Regarding the identification of, and objections to, exhibits, the information required by Local Court Rule CV-16(f)(2) shall be incorporated with the presentation of information required by Local Court Rule CV-16(e)(4).

CRITICALCivil cases

Applies to

Joint pretrial filing

The joint pretrial filing must disclose exhibit admissibility objections and their grounds; undisclosed objections are waived except Rule 402 or 403 objections, unless the Court excuses the omission for good cause.

(2) A list disclosing any objection, together with the grounds therefore, that may be made to the admissibility of any exhibits. 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

Separate pretrial filing

In nonjury trials, each party’s separate filing must include proposed findings of fact and conclusions of law.

(8) In nonjury trials, Proposed Findings of Fact and Conclusions of Law.

CRITICAL

Applies to

Case management report

The parties must jointly develop and file a Case Management Report within 45 days after a defendant appears, including when a notice of removal is filed.

Additionally, within forty-five (45) days after the appearance of any defendant, which includes the filing of a notice of removal, the parties shall jointly develop and file a Case Management Report.

CRITICALCivil cases

Applies to

Joint pretrial filing

The joint pretrial filing must include a list of stipulated facts.

(3) A list of stipulated facts.

CRITICALCivil cases

Applies to

Joint pretrial filing

The joint pretrial filing must list each non-impeachment witness’s name and, if not previously provided, address and telephone number, distinguishing expected witnesses from those who may be called if needed.

(5) The name and, if not previously provided, the address and telephone number of each witness (except those to be used for impeachment only), separately identifying those whom the party expects to present and those whom the party may call if the need arises.

CRITICALCivil cases

Applies to

Joint pretrial filing

The joint pretrial filing must estimate the probable length of trial.

(10) An estimate of the probable length of trial.

CRITICALCivil cases

Applies to

Separate pretrial filing

Each party’s separate filing must include proposed jury instructions and verdict forms.

(7) Proposed jury instructions and verdict forms.

CRITICALCivil cases

Applies to

Joint pretrial filing

The joint pretrial filing must name witnesses whose testimony will be presented by deposition, designate the page and line of testimony to be offered, and include pertinent transcript portions if the deposition was not stenographically recorded; impeachment-only witnesses are excepted.

(6) The name of those witnesses whose testimony is expected to be presented by means of a deposition and designation by reference to page and line of the testimony to be offered (except those to be used for impeachment only) and, if not taken stenographically, a transcript of the pertinent portions of the deposition testimony.

CRITICAL

Applies to

Case management report

The Case Management Report must present its required information in separately numbered paragraphs.

The report shall contain the following information in separately numbered paragraphs:

CRITICAL

Applies to

Deposition testimony

Must include

agreement of all parties

Yes, but only by agreement of all parties. This should be addressed well before trial.

Yes, but only by agreement of all parties. This should be addressed well before trial.