Western District of Texas Document Filing Requirements

WARNING

Applies to

Discovery

Must include

cooperation, compliance with local rule AT-4

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. Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4. Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs, as could repeated failure to comply with Court orders.

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. Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4. Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs, as could repeated failure to comply with Court orders.

WARNING

Must include

motion for leave required for additional briefing

Yes. The party seeking to file additional briefing should file a motion seeking such leave.

Yes. The party seeking to file additional briefing should file a motion seeking such leave.

WARNING

Must include

leave of court

Additional briefing beyond motion/response/reply requires leave of Court.

Yes, the Court may accept additional briefing, however, leave of Court is required.

WARNING

Applies to

Additional briefing

Must include

leave of court

Leave of Court required for additional briefing beyond motion/response/reply.

Yes, the Court may accept additional briefing, however, leave of Court is required.

WARNING

Failing to abide by deadlines set by the Court.

Failing to abide by deadlines set by the Court.

WARNING

Applies to

Summary judgment facts statements

Failure to provide the required specific evidence citations may result in denial of the motion for a noncompliant movant or summary judgment for a noncompliant nonmovant.

Pursuant to Federal Rules of Civil Procedure 56(c)(3) and 56(e), counsel and pro se parties are hereby notified that failure to provide specific citations to evidence in the record as required by this Standing Order and Federal Rule of Civil Procedure 56(c)(1) may result in an order denying the motion for summary judgment when the movant fails to comply, or, an order granting summary judgment when the nonmovant fails to comply.

WARNING

Failure to acknowledge/distinguish cases adverse to your position.

Failure to acknowledge/distinguish cases adverse to your position.

WARNING

Applies to

Claim construction brief

Must include

leave of court

Leave of Court required to exceed page limits or file additional claim construction briefs.

Parties must seek leave of Court to exceed the page limits established by the Local Civil Rules. Parties must also seek leave of Court to file any additional claim construction briefs, such as a sur-reply.

WARNING

Applies to

Courtroom attire

Must include

standard business attire required

Attorneys must wear standard business attire including coat/tie for men and tailored suits/dresses for women.

Attorneys are required to wear standard business attire. For men, this includes a coat and tie. For women, it includes tailored suits and tailored dresses. Slacks are acceptable if part of a tailored pantsuit. Slacks or skirts with a blouse or sweater, but without a jacket, are not acceptable. Extremely short skirts are not acceptable.

WARNING

Unprofessional conduct or derogatory language is discouraged.

Unprofessional conduct/use of adjectives to debase or impugn opposing counsel or the adverse party.

WARNINGCivil cases

Applies to

Jury questionnaire

Must include

proposed order

Jury questionnaires permitted only in very complicated cases; submit proposed questionnaire as soon as possible.

Only in very complicated cases. The proposed questionnaire should be submitted to the court as soon as possible.

WARNINGCivil cases

Applies to

Motion to suppress

Yes. Motions should contain specific and detailed factual allegations, and not general assertions. Refer to the applicable law.

Yes. Motions should contain specific and detailed factual allegations, and not general assertions. Refer to the applicable law.

WARNINGCivil cases

Unnecessary discovery or unreasonable delay may result in sanctions and costs.

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

WARNINGCivil cases

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.

WARNINGCivil cases

Applies to

Discovery

Must include

cooperation, reasonable discovery

Counsel for all parties and all pro se parties should cooperate fully in the discovery process and to make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated. Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4. Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs.

Counsel for all parties and all pro se parties should cooperate fully in the discovery process and to make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated. Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4. Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs.

WARNINGCivil cases

Applies to

Motion to remand

The Court will not remand on its own initiative based on a procedural defect.

The Court will not sua sponte remand on the basis of a procedural defect.

WARNINGCivil cases

Applies to

Demonstrative aids

Must include

exchange required

Parties should exchange demonstrative aids intended for jury use.

To avoid bench conferences in a jury trial, the Court recommends that parties exchange any item that a party intends to use in the presence of the jury as a demonstrative aid, regardless whether the party intends to move its admission in evidence.

WARNINGCivil cases

Applies to

Notice of removal

If members or partners remain unknown after diligent investigation, the removing party may allege citizenship 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.

WARNINGCriminal cases

Applies to

Electronic presentation notice

Must include

notice required

Notice required for electronic presentation devices; failure may result in prohibition.

The parties must notify the Court if they intend to use laptops, tablets, or other electronic presentation device, including presenting paper exhibits on an ELMO document camera. If counsel fails to provide notice, the Court Not Later Than may prohibit the use of electronic presentation devices, and no extensions or Seven Days accommodations will be granted for delays due to the unavailability of Before Trial electronic presentation methods.

WARNINGCriminal cases

Applies to

Stipulated facts

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

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

WARNINGCriminal cases

Applies to

Trial length estimate

Parties must jointly file a statement estimating the probable length of trial.

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

WARNINGCriminal cases

Applies to

Notice of electronic presentation

Parties must notify Court of intent to use electronic presentation devices; failure may result in prohibition.

The parties must notify the Court if they intend to use laptops, tablets, or other electronic presentation device, including presenting paper exhibits on an ELMO document camera. If counsel fails to provide notice, the Court Not Later Than may prohibit the use of electronic presentation devices, and no extensions or Seven Days accommodations will be granted for delays due to the unavailability of Before Trial electronic presentation methods.

WARNINGCivil cases

Applies to

Demonstrative exhibit

Counsel must confer about the use of demonstrative exhibits.

Counsel shall confer regarding the use of any demonstrative exhibits.

WARNINGCivil cases

Applies to

Brief

The Court may require briefs depending on the case and disputed issues.

The Court may require briefs to be filed depending on the nature of the case and issues in dispute.

WARNINGCivil cases

Applies to

Trial exhibit

An exhibit should not be shown to the jury without the Court’s permission.

An exhibit should not be published to the jury without the Court’s permission.

WARNINGCivil cases

Applies to

Motion

Requests for additional pages beyond the Local Rule 7 page limits must be submitted timely by written motion.

Must be timely submitted by written motion.

WARNING

Applies to

Transcript

Must include

court approval

Only court-approved transcripts are official records; attorney-created transcripts require court approval.

The statute, 28 U.S.C. § 753, requires the Court to supervise all aspects of the court reporting and transcription process. The Court has complete control over who produces an official transcript of court proceedings. While an attorney may create a transcript from a copy of a sound recording, that transcript will not be an official record suitable for filing with the Court unless the Court specifically approves it as the official record.

WARNING

Applies to

Oral argument

All attorneys must be adequately prepared and familiar with proceedings.

All attorneys, including Newer Attorneys, will be held to the highest professional standards. All attorneys appearing in court are expected to be adequately prepared and thoroughly familiar with proceeding.

WARNINGCivil cases

Applies to

Pretrial filings

The Standing Order does not apply when the judge is referred the case only for pretrial matters; the parties must follow the presiding judge’s procedures and deadlines instead.

This Standing Order does not apply to civil cases for which the undersigned is a referral judge. That is, this Standing Order does not apply to a case that is referred to the undersigned for pretrial matters but not to preside over the jury trial. In such cases, the parties shall adhere to the presiding judge's Local Court Rule CV-16(e)-(f) procedures and deadlines.

WARNING

The Standing Order applies to civil actions in the Court, except cases exempted from Rule 26 initial disclosure—including pro se prisoner civil-rights cases—and cases exempted by Local Court Rule CV-16(b).

The following Standing Order shall control the course of any civil action commenced in, transferred to,¹ or referred to, this Court, except those types of cases specifically exempted from initial disclosure under Federal Rule of Civil Procedure 26, specifically to include pro se prisoner civil rights cases, as well as the types of cases specifically exempted in Local Court Rule CV-16(b).

WARNING

Applies to

Proposed scheduling order

If a scheduling order was entered before transfer, the parties need not submit a proposed scheduling order; the Court will attempt to maintain it, but the parties must comply with the rest of the Standing Order within the applicable timeframe starting on transfer.

¹ If a scheduling order has been entered in the case prior to the case being transferred to this Court, the parties need not submit a proposed scheduling order. The Court will attempt to maintain the existing scheduling order. In such cases, however, the parties shall comply with the remainder of this Standing Order within the timeframe set beginning from the date the case was transferred to this Court.

WARNING

Applies to

Motion

Must include

certificate of conference

Certificate of conference required for motions that require one.

Please include a certificate of conference in motions that require one.

WARNING

Avoid ascribing motives to opposing party or counsel without legitimate basis.

Please don’t ascribe motives to the opposing party or counsel if there’s no legitimate need or basis to do so.

WARNINGCivil cases

Applies to

Motion

Expedited hearings require a motion explaining the need and deadlines, plus contacting the Court; such requests are reserved for emergencies only.

If counsel requires an expedited hearing in a civil case, file an appropriate motion and contact the Court 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. Requests for an expedited hearing should be reserved for emergency situations only.

WARNINGCivil cases

Applies to

Advisory

Yes, please. File an Advisory notifying the Court. If the resolution of the contested motion is time sensitive, please also call the Courtroom Deputy at (210) 244-5012 to advise of the situation.

Yes, please. File an Advisory notifying the Court. If the resolution of the contested motion is time sensitive, please also call the Courtroom Deputy at (210) 244-5012 to advise of the situation.

WARNINGCivil cases

Applies to

Motion

Must include

certificate of conference

Please include a certificate of conference in motions that require one.

Please include a certificate of conference in motions that require one.

WARNINGCivil cases

Applies to

Deposition excerpts

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.

WARNINGCivil cases

Applies to

Motion

Must include

notice of unopposed motion

Must notify court when a motion is unopposed.

Not notifying the Court that a motion is unopposed.

WARNINGCivil cases

Applies to

General practice

The Court expects lawyers in federal court to be prepared, provide competent services and be knowledgeable of the Federal Rules of Criminal Procedure and the Local Rules of the United States District Court for the Western District of Texas.

The Court expects lawyers in federal court to be prepared, provide competent services and be knowledgeable of the Federal Rules of Criminal Procedure and the Local Rules of the United States District Court for the Western District of Texas.

WARNINGCivil cases

Applies to

General practice

Court's pet peeves include tardiness, late filings, talking over judge, not notifying settlements, missing deadlines, and renumbering exhibits.

Tardiness Late filing submissions. Attorneys talking too fast, or over the Judge or one another, which is difficult for the court reporter to transcribe. Not immediately notifying the Court that the case has been settled. Not abiding by deadlines set out by the Court. Renumbering exhibits during trial. Exhibits should be marked prior to trial and they should match the exhibit list submitted to the court.

WARNINGCivil cases

Applies to

Jury questionnaire

Jury questionnaires permitted only in rare/exceptional circumstances with court-set deadlines.

Only in rare and exceptional circumstances. The Court will set the deadline if and when it allows its use.

WARNINGCivil cases

Applies to

Exhibit inventory

Must include

signature

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

At the conclusion of the 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.

WARNINGCivil cases

The Court will not tolerate tardiness and unpreparedness. Additionally, the Court frowns upon one Attorney representing multiple defendants in one criminal case.

The Court will not tolerate tardiness and unpreparedness. Additionally, the Court frowns upon one Attorney representing multiple defendants in one criminal case.

WARNINGCivil cases

Applies to

Sanctions

Must include

discovery abuse, failure to appear

Sanctions are appropriate for discovery abuse and attorney no-shows.

Abusing the discovery process and Attorneys not appearing for scheduled hearings are the most common reasons, but the Court may deem other infractions to warrant sanctions.

WARNINGCivil cases

Applies to

Sur reply

Must include

leave of court

Leave of court required for sur-replies.

Leave of Court is required for a Sur-Reply.

INFOCivil cases

Applies to

Claim

The listed appendix documents should be used when submitting a claim under the plan.

The following documents, copies of which are attached hereto as Appendices "A" through "C", should be used when submitting a claim under the provisions of this plan.

INFOCivil cases

Applies to

Technical tutorial

Parties may submit optional technical tutorials to Court and technical advisor 22 weeks after CMC.

22 weeks after CMC (but Parties submit optional technical tutorials to the Court and technical advisor (if appointed).

INFOCivil cases

Applies to

Joint notice

Must include

joint notice

Dismissal agreements filed as joint notices, not motions.

An agreement to dismiss under this section shall be filed as a joint notice instead of as a motion.

INFO

Applies to

Appendix

A party relying on such a filing should cite it directly by its docket entry.

A party relying on such a filing should cite it directly by its docket entry.

INFO

Applies to

Appendix

Parties are encouraged to include complete copies of documents in the appendix; if infeasible, include at least the first page and one page before and after the relied-upon pages for context.

Parties are encouraged to include a complete copy of a document in the appendix to avoid fragmenting a document between different appen- dices. Where including a complete copy is infeasible, would unduly burden the appendix with the inclusion of irrelevant material, or is otherwise inappropriate, in- clude at minimum the first page of the document and at least one page before and after the pages of material the party relies upon in order to provide context for the cited material.