Western District of Texas Document Filing Requirements

WARNINGCivil cases

Applies to

Supporting declaration

A supporting declaration should identify if any exhibit is highlighted or annotated.

A supporting declaration should identify if any exhibit is highlighted or annotated.

WARNINGCivil cases

Applies to

Case readiness status report

The case readiness status report must indicate whether a Markman date has been set, proposed, or not yet proposed.

[Indicate if a Markman date has been set, proposed, or not yet proposed.]

WARNINGCivil cases

Applies to

Joint claim construction statement

When the parties submit their joint claim construction statement, in addition to the term and the parties’ proposed constructions, the parties should indicate which party or side proposed that term, or if that was a joint proposal.

When the parties submit their joint claim construction statement, in addition to the term and the parties’ proposed constructions, the parties should indicate which party or side proposed that term, or if that was a joint proposal.

WARNINGCivil cases

Applies to

Joint report

Parties must file a Joint Report on meet-and-confer results within 5 business days.

The parties shall file a Joint Report within 5 business days regarding the results of the meet and confer.

WARNINGCivil cases

Applies to

Case readiness status report

The case readiness status report must describe if and when defendants responded, whether by answer or motion, and any non-standard counterclaims.

[Indicate if/when the Defendant(s) responded to the Complaint, whether it was an Answer or Motion, and whether any counterclaims were filed other than counterclaims for non- infringement or invalidity]

WARNINGCivil cases

Applies to

Proposed judgment

The Court discourages extensive substantive argument in editable proposed judgment drafts.

The Court discourages the parties from providing extensive substantive argument in the editable version of the proposed judgment.

WARNINGCivil cases

Applies to

Notice of request for daily transcript or real time reporting

A party requesting daily transcript or real-time reporting for trial must file a notice and email the court reporter.

File Notice of Request for Daily Transcript or Real Time hearing Reporting. If a daily transcript or real time reporting of court proceedings is requested for trial, the party or parties making said request shall file a notice with the Court and email the Court Reporter, Kristie Davis at kmdaviscsr@yahoo.com

WARNINGCivil cases

Applies to

Case readiness status report

The case readiness status report must indicate whether a trial date has been set, proposed, or not yet proposed.

[Indicate if a trial date has been set, proposed, or not yet proposed.]

WARNINGCivil cases

Applies to

Form ao 85 notice consent

Parties seeking consent to magistrate-judge trial must submit Form AO 85.

Deadline for parties desiring to consent to trial before the magistrate judge to submit Form AO 85, “Notice, Consent, And Reference Of A Civil Action To A Magistrate Judge,” available at https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge.

WARNINGCivil cases

Applies to

Case readiness status report

The case readiness status report must state the number of extensions and total extension days.

There have been [one/two] extension[s] for a total of __ days.

WARNINGCivil cases

Applies to

Markman brief

For Markman briefs, the parties should also include a copy of all patents-in-suit and an editable copy of the Joint Claim Construction Statement.

For Markman briefs, the parties should also include a copy of all patents-in-suit and an editable copy of the Joint Claim Construction Statement.

WARNINGCivil cases

Applies to

Case readiness status report

Plaintiff and Defendant must provide a case readiness status report.

Plaintiff [names] and Defendant [name(s)], hereby provide the following status report.

WARNINGCivil cases

Applies to

Motion

Motions citing cases or exhibits must include pinpoint citations to the specific relied-upon sections.

When citing cases or exhibits in a motion, parties shall pin cite the relied-upon section of a case or exhibit.

WARNINGCivil cases

Applies to

Briefing

Briefing copies must be provided to the Court and, if appointed, the technical advisor, with details deferred to General Issues Note #9.

See General Issues Note #9 regarding providing copies of the briefing to the Court and the technical advisor (if appointed).

WARNINGCivil cases

Applies to

Preliminary contentions

Amendments to preliminary contentions allowed without leave if based on new material; adding claims requires leave.

The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave of court so long as counsel certifies that it undertook reasonable efforts to prepare its preliminary contentions and the amendment is based on material identified after those preliminary contentions were served and should do so seasonably upon identifying any such material. Any amendment to add patent claims requires leave of court so that the Court can address any scheduling issues.

WARNING

Applies to

Appendix

Must include

exhibit list

Appendix must include relied-upon material even if already in the record.

A party must include such material in its appendix even if the material is already in the record—for example, as an exhibit to an earlier filing or in an earlier appendix.

WARNINGCivil cases

Applies to

Settlement report

Parties must file a joint written report after mediation/settlement conference detailing date, attendees, progress, and prospects.

the parties must jointly prepare and file a written report, which must be signed by coun- sel for each party, detailing the date on which the mediation or settlement conference was held, the persons pre- sent (including the capacity of any representative), a statement regarding whether meaningful progress toward settlement was made, and a statement regarding the prospects of settlement.

WARNING

Applies to

Appendix

If a party cites a page in the ap- pendix that is from a deposition and refers to an exhibit from the deposition, the party should make clear whether that exhibit is included in the appendix and, if so, identify it.

If a party cites a page in the ap- pendix that is from a deposition and refers to an exhibit from the deposition, the party should make clear whether that exhibit is included in the appendix and, if so, identify it.

WARNINGCivil cases

Applies to

Notice

Parties must jointly file a notice if no dispositive motion is filed.

If no party files a dispositive motion, the parties must jointly file a notice informing the Court that no such motions will be filed, so that the Court may schedule the matter for trial.

WARNING

Applies to

Appendix

Must include

exhibit list

Include all relied-on materials except those already in an appendix for the same motion; cite existing appendix instead of duplicating.

Include all materials the party relies on, except materials already included in an appendix filed to support or oppose the same pleading or motion, or a cross-motion, such as a cross-motion for summary judgment. Do not duplicate those materials. Cite the existing appendix instead.

WARNING

Applies to

Appendix

Table of contents must identify each item by document content.

The table of contents must identify each item by the content of the document (e.g., "Em-

WARNING

Applies to

Appendix

A party need not, and should not, place in an appendix the pleadings, motions, briefs, orders, or other filings that already ap- pear on the Court's docket in this case.

A party need not, and should not, place in an appendix the pleadings, motions, briefs, orders, or other filings that already ap- pear on the Court's docket in this case.

WARNINGCriminal cases

Applies to

Letter

Acceptance of responsibility is not awarded unless the Order’s requirements are followed, and any award remains within the Court’s discretion.

Acceptance of responsibility will not be awarded unless the requirements of this Order are followed, and then at the discretion of the Court.

WARNINGCivil cases

Applies to

Joint notice

The parties must file a joint notice identifying remaining objections to pretrial disclosures and disputes on motions in limine three business days before the Final Pretrial Conference.

3 business days before Final Pretrial Conference. | File joint notice identifying remaining objections to pretrial disclosures and disputes on motions *in limine*.

WARNINGCivil cases

Applies to

Technology tutorial

Tutorials should generally focus on the underlying technology rather than infringement or validity arguments and be limited to 15 minutes per side.

In general, tutorials should be: (1) directed to the underlying technology (rather than argument related to infringement or validity); and (2) limited to 15 minutes per side.

WARNINGCivil cases

Applies to

Claim construction request

Each side may request construction of claim terms up to the presumed limit without further leave of Court.

The “presumed limit” is the maximum number of terms that each side may request the Court to construe without further leave of Court.

WARNINGCivil cases

Applies to

Claim construction statement

The Court will enforce presumed limits on the number of claim terms to be construed.

The Court will enforce presumed limits on the number of claim terms to be construed.

WARNINGCivil cases

Applies to

Joint claim construction statement

The Joint Claim Construction Statement should identify who proposed each term or whether the proposal was joint, in addition to listing the term and proposed constructions.

When the parties submit their Joint Claim Construction Statement, in addition to the term and the parties’ proposed constructions, the parties should indicate which proposed a term, or if there was a joint proposal.

WARNINGCivil cases

Applies to

Status report

Parties filing a motion to transfer should provide status reports at the specified readiness and pre-Markman milestones.

All parties that file a motion to transfer should provide the Court with a status report indicating whether the motion has been fully briefed at each of the following times: (1) when the motion to transfer becomes ready for resolution; (2) four weeks before the Markman hearing date if the motion to transfer remains unripe for resolution; and (3) if there are multiple Markman hearings, six weeks before the first scheduled Markman hearing.

WARNINGCivil cases

Applies to

Amended preliminary contentions

Parties may amend preliminary infringement or invalidity contentions without leave if counsel certifies reasonable preparation efforts and the amendment is based on material identified after service.

The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave of court so long as counsel certifies that it undertook reasonable efforts to prepare its preliminary contentions, and the amendment is based on material identified after those preliminary contentions were served.

WARNINGCivil cases

Applies to

Discovery dispute summary

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 does not count toward the word limit.

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 does not count toward the word limit.

WARNINGCivil cases

Applies to

Notice of removal

Must include

judge name

If LLC/partnership members are unknown after diligent investigation, citizenship may be alleged on information and belief.

If the members of an LLC or partners of a partnership are unknown to the removing party even after a diligent investigation, the removing party may allege its citizenship on information and belief. Lincoln Ben. Life Co. v. AEI Life, LLC,

WARNINGCivil cases

Applies to

Motion

A request for an expedited hearing must be included in the motion.

Request the expedited hearing in the motion.

WARNINGCivil cases

Applies to

Deposition witness list

Before the final pretrial conference, counsel must exchange and provide the Courtroom Deputy with the names of witnesses expected to testify by deposition.

Prior to the final pretrial conference, counsel must exchange and provide Magda Muzza, the Courtroom Deputy, the name of those witnesses whose testimony is expected to be presented by deposition.

WARNINGCivil cases

Applies to

Motion

Should you desire oral argument on a motion, such request should be set out in the opening paragraph of the motion.

Should you desire oral argument on a motion, such request should be set out in the opening paragraph of the motion.

WARNINGCivil cases

Applies to

Motion for summary judgment

Summary judgment motions are highly disfavored in bench trials and FTCA cases.

Motions for summary judgment are highly disfavored in any case in which the Court will serve as the factfinder and in any case asserting a cause of action under the Federal Tort Claims Act in which parties do not have a right to a jury trial under 28 U. S. C. § 2402 and Carlson v. Green, 446 U.S. 14, 22 (1980).

WARNINGCivil cases

Applies to

Joint advisory

The parties should also file a timely joint advisory informing the Court the matter is resolved and withdrawing the applicable motion.

The parties should also file a timely joint advisory informing the Court the matter is resolved and withdrawing the applicable motion.

WARNINGCivil 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.

WARNINGCivil cases

Applies to

Response to continuance request

If the parties do not agree to a trial continuance, an opposing response stating the grounds must be filed.

If there is no agreement, a response indicating the grounds for opposition must be filed.

WARNINGCivil cases

Applies to

Deposition designation

Counsel must submit deposition designations by page and line, except for testimony used only for impeachment.

Counsel must submit to the Court designation by reference to page and line of the testimony to be offered (except those to be used for impeachment only).

WARNINGCivil cases

Applies to

Exhibit binder

Exhibit binders must include an index and tabs to locate exhibits.

The binder must contain an index and tabs to locate the exhibits.

WARNINGCivil cases

Applies to

Exhibits

Provide one exhibit set for the judge and one for witnesses on the stand.

Provide one set of exhibits for the Judge and one for use by witnesses on the stand.

WARNINGCivil cases

Applies to

Letter brief or advisory

A letter brief or advisory requesting relief will be dismissed or stricken.

Any letter brief or advisory requesting relief shall be dismissed or stricken.

WARNING

Unnecessary discovery or delay may result in sanctions.

Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs.

WARNING

Must include

punctuality, deadline compliance, professional behavior +2 more

Court's pet peeves include tardiness, missing deadlines, not notifying about unopposed motions, unprofessional conduct, and not reporting case resolution.

Tardiness Failing to abide by Court deadlines. Not immediately notifying the Court that a motion is unopposed (or that portions of a motion are uncontested). Failure to acknowledge/distinguish cases adverse to your position. Unprofessional conduct/use of adjectives to debase or impugn opposing counsel or the adverse party. Not immediately notifying the Court that the case has been resolved.

WARNING

Applies to

Discovery

Counsel for all parties and all pro se parties should cooperate fully in the discovery process and make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated.

Counsel for all parties and all pro se parties should cooperate fully in the discovery process and make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated.

WARNING

Applies to

Motion in limine

Must include

limited to matter in dispute

Motions in limine must be limited to matters actually in dispute.

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

WARNING

Applies to

Notice to pro se litigant

The movant must modify the prescribed notice if the pro se party is not a plaintiff or the case will be tried to the Court rather than a jury.

If the pro se party is not a plaintiff, or if the case is to be tried to the Court rather than to a jury, the movant will modify the notice accordingly.

WARNING

Tardiness is discouraged.

Tardiness.

WARNING

Repeated non-compliance with orders may result in sanctions.

Repeated failure to comply with Court orders may also result in sanctions.