Court Rules

Western District of Texas Filing Timing and Cure Windows

8 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures. This page is scoped to Western District of Texas; use the court rules overview to switch categories without leaving this court.

No motions may be filed after the deadline except motions in limine, unless good cause is shown.

No party may file any motion, except for a motion in limine, after this date without a showing of good cause.

Judge Andrew B. DavisCRITICAL
Deadline
11 calendar days

Daubert motions must be filed within 11 days of receiving expert report or within 11 days of expert deposition, whichever is later.

An objection to the reliability of an expert's proposed testimony under Federal Rule of Evidence 702 shall be made by motion, specifically stating the basis for the objection and identifying the objectionable testimony, within 11 days from the receipt of the written report of the expert's proposed testimony, or within 11 days from the completion of the expert's deposition, if a deposition is taken, whichever is later.

Judge Robert PitmanCRITICAL
Deadline
1 calendar days

Parties must notify the Court of settlement before 5:00 p.m. the day before jury selection; late notification may result in a $5,000 penalty.

If the parties resolve their dispute after 5:00 p.m. the day before jury selection or resolve their dispute earlier but fail to timely notify the Court, the parties may be assessed up to $5,000 for the lost opportunity to schedule other matters and to cover court costs like summoning the jury panel and paying the fees of the jury panel.

Judge Robert PitmanCRITICAL

Court may impose sanctions under FRCP 16(f) for untimely submissions under this order.

The Court may impose sanctions under Federal Rule of Civil Procedure 16(f) if the parties do not make timely submissions under this order.

Judge Robert PitmanCRITICAL

Ex parte criminal submissions cannot be withdrawn, amended, or revised without a corresponding docket entry.

It is Judge Farrer’s view that once such matters are submitted electronically to the Court, they cannot be withdrawn, amended, or revised without reflecting such on the docket.

Magistrate Judge Richard B. FarrerCRITICAL
Deadline
7 calendar days

A motion for leave to use jury questionnaires must be filed at least seven days before trial.

Jury questionnaires should be provided by a motion for leave filed at least seven days before the trial commences.

Magistrate Judge Richard B. FarrerCRITICAL

Clerk must docket ex parte criminal submissions after review, approval, and signature by Judge Farrer.

It is ORDERED that the Clerk is DIRECTED to place on the docket any such submission once it has been reviewed, approved, and signed by Judge Farrer.

Magistrate Judge Richard B. FarrerWARNING

Rejected or superseded ex parte criminal submissions must be docketed with a designation indicating the reason (rejected, withdrawn, superseded, or amended).

if any such submission is rejected as deficient by the Clerk’s Office or is not approved by Judge Farrer for any subsequent amended, altered, or revised submission(s). If a matter requiring the Court’s signature is replaced by a subsequent submission before it is approved and signed by Judge Farrer, the superseded submission SHALL be placed on the docket with an appropriate docket designation reflecting that it has been rejected as deficient by the Clerk’s Office, withdrawn, superseded, or amended.

Magistrate Judge Richard B. FarrerWARNING
Common questions about Western District of Texas filing timing and cure windows rules

When is a filing treated as filed in Western District of Texas?

The rule states that filing is treated as on submission. Ex parte criminal submissions cannot be withdrawn, amended, or revised without a corresponding docket entry.

View ruleSource: page 1, section STANDING ORDER REGARDING EX PARTE FILINGS DURING CRIMINAL DUTY BEFORE U.S. MAGISTRATE JUDGE RICHARD B. FARRER

When is a filing treated as filed in Western District of Texas?

The rule addresses filing timing, filing status, or cure windows. Daubert motions must be filed within 11 days of receiving expert report or within 11 days of expert deposition, whichever is later.

View ruleSource: page 2, section 6