Western District of Texas Document Filing Requirements

CRITICAL

Applies to

Advisory

Must include

judge name

File Advisory when contested motion is resolved; call chambers if time sensitive.

Yes, please. File an Advisory notifying the Court. If the resolution of the contested motion is time sensitive, please also call chambers to advise of the situation.

CRITICAL

Applies to

Deposition excerpts

Must include

provide to court during trial

A party intending to present testimony by deposition should provide deposition excerpts to the Court during the trial for the record.

A party intending to present testimony by deposition should provide deposition excerpts to the Court during the trial for the record.

CRITICAL

Applies to

Motion

Must include

judge name

For expedited hearings, file motion explaining need and deadlines, then contact chambers.

If counsel requires an expedited hearing in a civil case, file an appropriate motion and contact chambers to alert the Court of the situation. Any motion should explain the need for expedited relief and the deadline(s) by which it is requested.

CRITICAL

Applies to

Demonstratives

Must include

exchange required

Yes. Parties should exchange demonstratives prior to using them in trial. Typically, parties should do so at least 3 days prior to the Final Pretrial Conference, so that if any objections or issues are raised about the demonstrative exhibit, they can be timely addressed.

Yes. Parties should exchange demonstratives prior to using them in trial. Typically, parties should do so at least 3 days prior to the Final Pretrial Conference, so that if any objections or issues are raised about the demonstrative exhibit, they can be timely addressed.

CRITICAL

Applies to

Motion

Must include

judge name

When relief is required from the Court, including regarding scheduling, a motion should be filed with the Court.

When relief is required from the Court, including regarding scheduling, a motion should be filed with the Court.

CRITICALCivil cases

Applies to

Motion for modification of scheduling order

Must include

proposed order, certificate of conference

Parties should confer and then file an Agreed Motion for Modification of Scheduling Order. If the modification is not agreed, the moving party should note that in the required Certificate of Conference. Please include a proposed order that includes the new deadline(s) requested.

Parties should confer and then file an Agreed Motion for Modification of Scheduling Order. If the modification is not agreed, the moving party should note that in the required Certificate of Conference. Please include a proposed order that includes the new deadline(s) requested.

CRITICALCivil cases

Applies to

Objection list

Objections to exhibits must be disclosed with grounds 7 days before trial; undisclosed objections waived unless good cause shown.

A list disclosing any objection, together with the grounds therefore, that may be made to the admissibility of any exhibits must be submitted 7 days before the date of the trial setting. 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

Letter brief

Letter Briefs should not be submitted.

Letter Briefs should not be submitted.

CRITICALCivil cases

Applies to

Deposition exhibit

Must include

copy to chambers, page line designation

Deposition exhibits must be provided to Courtroom Deputy before trial with 7-day objection deadline.

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 7 days before pretrial conference or trial if a pretrial conference is not set. Use of videotape depositions is permitted to the extent the parties agree on admissibility or edit to resolve objections.

CRITICALCivil cases

Applies to

Proposed scheduling order

Must include

judge name

Court issues scheduling order requiring parties to confer and submit proposed order within 30 days

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 within the Court’s thirty (30) day deadline will result in the Court issuing its own order.

CRITICALCivil cases

Applies to

Removal proceeding

Must include

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

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

CRITICALCivil cases

Applies to

Sentencing objection

Must include

submission to probation officer

Objections at sentencing must be submitted to Probation Officer beforehand.

Objections raised at sentencing that were not previously submitted to the Probation Officer.

CRITICALCivil cases

Applies to

Deposition

Must include

witness name, page line designation

Yes. Parties should submit to the Court 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 at least 7 days prior to pretrial conference or trial if a pretrial conference is not set.

Yes. Parties should submit to the Court 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 at least 7 days prior to pretrial conference or trial if a pretrial conference is not set.

CRITICALCivil cases

Applies to

Deposition

Must include

page line designation, objections with authority

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 7 days before trial setting.

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 7 days before trial setting.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Motions to suppress must include citation to authorities and a certificate of conference.

Does the court have any specific requirements for motions to suppress? If so, please describe them. 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

Motion

Must include

certificate of conference

Motions must include citations to authorities and certificate of conference per Local Rules 7(d)(i) and 7(i).

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

Dispositive motion

Must include

caption, judge name, case number

Dispositive motions must be filed by a specific deadline.

All dispositive motions shall be filed no later than _________________.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Motions must include citation to authorities and a certificate of conference per Local Rules 7(d)(i) and 7(i).

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

Jury instructions

Must include

electronic format

Yes. Proposed jury instructions, verdict forms and/or proposed finds of fact and conclusions of law should be provided in Microsoft Word and emailed to priscilla_springs@txwd.uscourts.gov.

Yes. Proposed jury instructions, verdict forms and/or proposed finds of fact and conclusions of law should be provided in Microsoft Word and emailed to priscilla_springs@txwd.uscourts.gov.

CRITICALCivil cases

Applies to

Sentencing memorandum

Objections to presentence investigation report should be given in writing to the probation officer who will attach it to the presentence investigation report which will be filed at the time of sentencing. If the Probation Officer does not modify the presentence investigation report 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. The Sentencing Memorandum should be filed with the Clerk's Office at least 7 days prior to sentencing hearing.

Objections to presentence investigation report should be given in writing to the probation officer who will attach it to the presentence investigation report which will be filed at the time of sentencing. If the Probation Officer does not modify the presentence investigation report 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. The Sentencing Memorandum should be filed with the Clerk's Office at least 7 days prior to sentencing hearing.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Certificate of conference required for all criminal motions, failure to include 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

certificate of conference

Motions in criminal cases must include a certificate of conference.

Must counsel in criminal cases confer on all motions before filing them? If so, must counsel reflect the result of their conference in the body or title of the motion? 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

Deadline

1 week before pretrial conference

Applies to

Pretrial objections

Must include

exhibit objections, witness objections, motions in limine objections +1 more

Objections to witnesses, exhibits, and motions in limine must be submitted one week before pretrial conference or trial.

One week before the scheduled pretrial conference or trial if a pretrial conference is not set, the parties must submit their objections to any witness, deposition testimony, exhibit, or motion in limine. 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

Exhibit

Must include

exhibit list

Exhibits must be marked and exchanged with opposing parties at least 14 days before trial.

Yes. 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 at least 14 days before the trial setting.

CRITICALCivil cases

Applies to

Exhibit

Must include

exhibit list

Exhibits must be marked with gummed labels/tags and exchanged 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

CRITICALCivil cases

Applies to

Pretrial submission

Must include

exhibit list

Pretrial submissions required 2 weeks before trial: juror questions, voir dire statements, stipulated facts, exhibit identification, and witness information.

Pursuant to Local Rule 16(e), the Court expects the parties to submit the following two weeks prior to the scheduled trial: (1) A list of questions the party desires the court to ask prospective jurors. (2) A statement of the party's claims or defenses to be used by the court in conducting voir dire. The statement shall be no longer than one-half page with type double-spaced. (3) A list of stipulated facts. (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. (5) The name and, if not previously provided, the address and telephone number of each witness (except those to be used for impeachment only),

CRITICALCivil cases

Applies to

Voluntary dismissal

Must include

motion to dismiss, stipulation of dismissal

Either a motion to dismiss and order (Rule 41(a)(2)) or a stipulation of dismissal (Rule 41(a)(1)(A)(ii)) may be used. Do not use both.

Either a motion to dismiss and order (Rule 41(a)(2)) or a stipulation of dismissal (Rule 41(a)(1)(A)(ii)) may be used. Do not use both.

CRITICALCivil cases

Applies to

Motion

Must include

judge name

Requests for modification of scheduling orders must be made by motion

Any such request should be made by motion.

CRITICALCivil cases

Deadline

2 weeks before pretrial conference

Applies to

Pretrial submission

Pretrial submissions required two weeks before pretrial conference or trial.

Pursuant to Local Rule 16(e), the Court expects the parties to submit the following two weeks prior to the scheduled pretrial conference or trial if a pretrial conference is not set:

CRITICALCivil cases

No.

No.

CRITICALCivil cases

Applies to

Exhibit list

Must include

exhibit consistency, exhibit list submission, exhibit marking before trial

Renumbering exhibits during trial. Exhibits should be marked prior to trial and they should match the exhibit list submitted to the court.

Renumbering exhibits during trial. Exhibits should be marked prior to trial and they should match the exhibit list submitted to the court.

CRITICALCivil cases

Applies to

Motion

Motions in criminal cases must reflect the result of counsel's pre-filing conference in the body or title.

14. Must counsel in criminal cases confer on all motions before filing them? If so, must counsel reflect the result of their conference in the body or title of the motion? Yes, unless Ex Parte communication with the Court is justified. Yes.

CRITICALCivil cases

Applies to

Verdict forms

Yes, WordPerfect 9.0.

Yes, WordPerfect 9.0.

CRITICALCivil cases

Applies to

Proposed scheduling order

The Court will enter a Scheduling Order setting the trial date upon receipt of an acceptable Proposed Scheduling Order from the parties.

Once the Court has received an acceptable Proposed Scheduling Order from the Parties, the Court will enter a Scheduling Order that sets the trial date.

CRITICALCivil cases

Applies to

Motion to modify

File motion to modify scheduling orders based on Standing Discovery Order.

File a Motion requesting a modification to the previously entered Standing Discovery Order.

CRITICALCivil cases

Applies to

Answer

Must include

caption, judge name

Defendants must replead within 21 days of plaintiffs filing complaint, conforming to FRCP 8, 9, and 12

If defendant(s) filed an answer in state court, defendant(s) SHALL replead by separately filing an answer that conforms to the requirements ofFederal Rules of Civil Procedure 8,9, and 12. Defendant(s)SHALL replead within twenty-one(21)days ofthe date plaintiff(s) file their complaint.

CRITICAL

Applies to

Response to summary judgment

Responses to summary judgment must include a Response to Proposed Undisputed Facts in a three-column format tracking the movant's facts.

There shall be annexed to a response to a motion for summary judgment a document entitled 'Response to Proposed Undisputed Facts.' The opposing party's Response to Proposed Undisputed Facts must be prepared in a three-column format, and track the movant's Proposed Undisputed Facts exactly as prepared by that party. The first column must restate the allegedly undisputed fact verbatim. The second column must state whether each numbered fact in the first column is undisputed or disputed. If a proposed undisputed fact is disputed, the third column must cite evidence supporting the assertion that there is a genuine issue for trial regarding the proposed undisputed fact, or provide a specific evidentiary objection to the evidence on which the movant relies in support of the proposed undisputed fact.

CRITICALCivil cases

Applies to

Complaint

Must include

caption, judge name

Plaintiffs must replead within 14 days after remand deadline expires or remand is denied

Plaintiff(s) SHALL replead vdthm fourteen(14)calendar days ofthe expiration ofthe thirty-day deadline to file a motion to remand pursuant to 28 U.S.C. § 1447(c) or vvithin fourteen days ofthe Court's order denying a motion to remand.

CRITICAL

Applies to

Motion for summary judgment

Summary judgment motions must include a Proposed Undisputed Facts document; facts are deemed admitted if not controverted.

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. 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 Section A(5) of this Standing Order.

CRITICALCivil cases

Applies to

Answer

Defendants in removed cases who filed an answer in state court must replead by filing an answer conforming to FRCP 8, 9, and 12 within 21 days of plaintiff's complaint filing.

If defendant(s) filed an answer in state court, defendant(s) SHALL replead by separately filing an answer that conforms to the requirements of Federal Rules of Civil Procedure 8, 9, and 12. Defendant(s) SHALL replead within twenty-one (21) days of the date plaintiff(s) file their complaint.

CRITICALCivil cases

Applies to

Complaint

Plaintiffs in removed cases must replead by filing a complaint conforming to FRCP 8 and 9 within 14 days of the remand deadline expiration or denial of remand motion.

IT IS ORDERED that in all removed cases, plaintiff(s) SHALL replead by separately filing a complaint that conforms to the requirements of Federal Rules of Civil Procedure 8 and 9. Plaintiff(s) SHALL replead within fourteen (14) calendar days of the expiration of the thirty-day deadline to file a motion to remand pursuant to 28 U.S.C. § 1447(c) or within fourteen days of the Court's order denying a motion to remand.

CRITICAL

Applies to

Motion and opposition

Must include

proposed order

Motions and responses in opposition must include a proposed order submitted separately from all other papers.

IT IS FURTHER ORDERED that all motions and responses in opposition to motions filed in cases on the undersigned's docket, must be accompanied by a proposed order which shall be completely separate from all other papers.

WARNINGCivil cases

Applies to

Reimbursement worksheet

The date column must show the actual service date, with dates arranged chronologically.

Insert actual date of service. Dates must be in chronological order.

WARNINGCivil cases

Applies to

Reimbursement worksheet

Separate worksheets must be prepared for different CJA hourly rates, and hours must be multiplied by the CJA rate effective on the service date.

Note: Prepare separate worksheets for different CJA hourly rates. Multiply hours by CJA rate effective on date of service.

WARNINGCivil cases

Applies to

Reimbursement worksheet

The attorney must provide a brief but appropriately detailed description of each service noted in the worksheet’s services-provided columns.

Attorney must provide: brief, but appropriately detailed description of services noted in "Services Provided" columns per following examples:

WARNINGCivil cases

Applies to

Expense claim

Expenses lacking proper documentation, such as receipts or other proof, may be disallowed.

Any expenses not properly documented with receipts or other proof may be disallowed by the Judge or the Non-Appropriated Fund Committee.

WARNINGCivil cases

Applies to

Reimbursement worksheet

The worksheet must state the hours logged for each service on each date in the appropriate column.

Indicate hours logged on each dale, for each service provided, in appropriate column.

WARNINGCivil cases

Applies to

Case readiness status report

The case readiness status report must state the scheduling order status.

A scheduling order [has been proposed and awaits entry by the Court, has been issued by the Court, or has not yet been filed].

WARNINGCivil cases

Applies to

Discovery dispute submission

Must include

proposed order

The specific relief requested should propose the exact language to be issued in a court order for each part of every disputed issue.

The specific relief requested should propose the exact language to be issued in a court order for each part of every disputed issue.

WARNINGCivil cases

Applies to

Case readiness status report

The case readiness status report must provide the complaint filing date.

Plaintiff’s Complaint was filed on [filing date].