Western District of Texas Document Format Requirements

Parties must provide an editable proposed order with disputed language shown in red and blue text.

Source text: Parties shall send an editable version of the proposed order to the Court’s law clerk with any disputed language in red and blue text.

When filing specified documents, parties must email the law clerk an editable Word version.

Source text: When filing the Joint Claim Construction Statement, proposed Protective Order, or proposed Scheduling Order, the parties shall also email the Court’s law clerk a Word version of the filed documents.

Pleadings, motions, and submissions must use minimum 12-point font, double spacing, letter-size paper, and one-inch margins, with limited single-spacing exceptions.

Source text: A pleading, motion, or other submission shall be typed or printed in 12-point or larger font (including footnotes), double-spaced, on paper sized 8½” x 11” with one-inch margins on all sides and shall be endorsed with the style of the case and the descriptive name of the document. Headings, footnotes, and quotations more than two lines long may be single-spaced.

Proposed jury instructions with disputes must be submitted in editable form with disputed text color-coded red and blue.

Source text: Parties shall send an editable version of the proposed instructions to the Court’s law clerk with the disputed language in red and blue text.

If proposed order language is disputed, the disputing party must send an editable version to law clerks with red/blue dispute markup.

Source text: If one party disputes the language of the order, then that party shall send an editable version of the proposed order to the Court’s law clerk with the disputed language in red and blue text.

Documents must use 12-point font, double-spacing, 8.5"x11" paper, 1-inch margins, and case style endorsement.

Source text: A pleading, motion, or other submission shall be typed or printed in 12-point or larger font (including footnotes), double-spaced, on paper sized 8½" x 11" with one-inch margins on all sides and shall be endorsed with the style of the case and the descriptive name of the document. Headings, footnotes, and quotations more than two lines long may be single-spaced.

Plaintiff’s exhibits must use yellow labels; Defendant’s exhibits must use blue labels for identification.

Source text: Plaintiff’s exhibits shall be marked using yellow labels as “Plaintiff’s Exhibit 1,” et seq., and Defendant’s exhibits shall be marked using blue labels in a similar manner.

Joint exhibits must be marked with case name, number, and exhibit number; non-agreed exhibits use offering party’s name and case details.

Source text: If joint exhibits are agreed upon, they shall each be identified as such and marked with the case name, case number, and exhibit number as “Joint Exhibit 1,” et seq. If no agreement can be reached, the offering party shall mark his or her own exhibits with the party’s name, case number, and exhibit number on each exhibit to be offered.

All pages within each exhibit must be consecutively paginated.

Source text: The pages within each exhibit shall be consecutively paginated.

Joint Pretrial Orders must be formatted in compliance with local court rules.

Source text: The Joint Pretrial Order shall be formatted in accordance with the local rules.

Digital copies of exhibit lists, witness lists, and objections must be in Microsoft Word format; exhibits must be PDF, submitted via specified email.

Source text: Counsel shall submit an editable, digital version of exhibit lists, witness lists, and objections in Microsoft Word format and a copy of the exhibits in PDF to the court via email to TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov.

Disputed jury charge versions must be in red (plaintiff) and blue (defendant) text; disputes resolved at final pretrial or charge conference.

Source text: The court expects the parties to resolve their differences concerning the jury charge. If the parties cannot agree on a particular instruction or issue, however, such disagreement and alternate requests shall be noted on the joint jury charge. The plaintiff’s version of the disputed charge will be in RED text, while the Defendant’s version will be in BLUE text. A dispute concerning the jury charge, if any, will be resolved at the final pretrial conference or at a charge conference.

Editable Microsoft Word version of jury charge must be submitted via email to specified address.

Source text: In addition to the versions of the jury charge that shall be attached to the joint pretrial order and filed and the color-coded disputed charge, counsel shall submit an editable, digital version of the jury charge(s) in Microsoft Word to the court via e-mail to TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov.

Proposed findings of fact/conclusions of law must be in Microsoft Word, submitted via email three days before final pretrial conference, with agreed/disputed separated and conclusions citing authority.

Source text: Proposed findings of fact and conclusions of law shall be in a form suitable for ruling from the bench after closing arguments. Counsel shall separate agreed findings and conclusions from those that are in dispute. Conclusions of law shall cite supporting authority. Each party shall submit proposed final findings of fact and conclusions of law via email, in Microsoft Word format, to TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov, at least three days before the final pretrial conference.

Electronic evidence must be provided in specific file formats: documents/photos as .pdf, .jpg, .bmp, .tif, .gif; video/audio as .avi, .wmv, .mpg, .mp3, .mp4, .wma, .wav, .3gpp.

Source text: All electronic evidence must be provided using the following formats: a. Documents and Photographs: .pdf, .jpg, .bmp, .tif, .gif b. Video and Audio Recordings: .avi, .wmv, .mpg, .mp3, .mp4, .wma, .wav, .3gpp

JERS file size limits: PDF documents ≤50 MB, audio/video files ≤500 MB; exhibits exceeding limits must be split into multiple files.

Source text: JERS has the following file size limits: a. Individual file size of documents (pdf) should not exceed 50 MB. b. Individual files size of audio and video should not exceed 500 MB. Exhibits approaching or exceeding this size limit must be separated into multiple files.

All exhibit files must follow JERS naming convention: [ExhibitNumber]_[ExhibitDescription].[FileExtension].

Source text: All exhibit files must be named using the JERS naming conventions: [ExhibitNumber]_[ExhibitDescription].[FileExtension] Example: 1_PhotoOf789patent.PDF

CRSR must be filed in the format attached as Appendix B.

Source text: In all patent cases pending before the undersigned or referred magistrate judge, the parties are directed to jointly file the Case Readiness Status Report (“CRSR”) in the format attached as Appendix B: (a) within 7 days after the Defendant (or at least one Defendant among a group of related Defendants sued together) has responded to the initial pleadings in cases where there are no CRSR Related Cases, or (b) when there are CRSR Related Cases, within 7 days after the last Defendant (or last Defendant group when at least one Defendant among the group has responded) among the CRSR Related Cases has responded to the initial pleadings.

Joint Claim Construction Statement, proposed Protective Order, and proposed Scheduling Order must be submitted in Word format via email to the Court’s law clerk.

Source text: When filing the Joint Claim Construction Statement, proposed Protective Order, or proposed Scheduling Order, the parties shall also email the Court’s law clerk a Word version of the filed documents.

All pleadings, motions, and submissions must use 12+ point font, double spacing, 8.5x11 paper, 1-inch margins, and include case style and document name; headings/footnotes/long quotes may be single-spaced.

Source text: A pleading, motion, or other submission shall be typed or printed in 12-point or larger font (including footnotes), double-spaced, on paper sized 8½” x 11” with one-inch margins on all sides and shall be endorsed with the style of the case and the descriptive name of the document. Headings, footnotes, and quotations more than two lines long may be single-spaced.

Joint exhibits: “J 1” or “Joint Exhibit 1” on bottom right corner.

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

Government exhibits: “G 1” or “Government Exhibit 1” on bottom right corner.

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

Defendant exhibits: “D 1” or “Defendant Exhibit 1” on bottom right corner.

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

Plaintiff exhibits: “P 1” or “Plaintiff Exhibit 1” on bottom right corner.

Source text: i.e. “P 1” or “Plaintiff Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:

Exhibit number must be clearly displayed on first page of each exhibit.

Source text: The exhibit number needs to be clearly displayed on the first page of each exhibit.

Sub exhibits use dash between number and letter, underscore after letter.

Source text: Exhibit Number(dash)Sub Letter(Underscore)Exhibit Description(.)File Extension

Underscore required between exhibit number and description only.

Source text: Note: An underscore MUST be placed between the exhibit number and exhibit description. DO NOT use an underscore anywhere else in the exhibit file name.

Exhibit files must use specific naming convention with underscore.

Source text: All file names MUST be named using the following naming convention. Not using this exact naming convention will cause problems in our office when uploading your exhibit files. The file name begins with the exhibit number, followed by an underscore to designate that the remaining text of the file name is the description of the exhibit.

Audio/video files must not exceed 500 MB individual file size.

Source text: The individual file size of audio and video should not exceed 500 MB.

PDF documents must not exceed 50 MB individual file size.

Source text: The individual file size of documents (pdf) should not exceed 50 MB.

Case citations must use Westlaw format, not Lexis.

Source text: All case citations shall use the appropriate Westlaw citation, not Lexis citation.

Motions must include numbered paragraphs with specific record citations.

Source text: The facts set forth in any motion shall be stated in separately numbered paragraphs with citation to a particular pleading or other part of the record supporting the party’s statement. All positions and statements contained in the body of any motion or any responses must contain specific cites to the record supporting the party’s statement. The Court will not search the record for evidence and may not consider any evidence that is not specifically cited in the parties’ briefs.

Case citations must use Westlaw format, not Lexis.

Source text: All case citations shall use the appropriate Westlaw citation, not Lexis citation.

Exhibits must be organized in three-ring binders with specific labeling.

Source text: Exhibits are to be placed in three-ring binders. The binders should be labeled with the style of the case, case number, and whether the binder is 'Plaintiff's Exhibit Notebook' or 'Defendant's Exhibit Notebook.'

Exhibits must be in three-ring binders with specific labeling, indexing, and tabbing requirements.

Source text: Exhibits are to be placed in three-ring binders. The binders should be labeled with the style of the case, case number, and whether the binder is 'Plaintiff's Exhibit Notebook' or 'Defendant's Exhibit Notebook.' The first page in the binder should have the style of the case, case number, and 'Plaintiff's/Defendant's Exhibit Notebook.' The next page should be the exhibit index. Each exhibit should be tabbed for ease of locating that exhibit. Special exhibit labels are not necessary; you may use the standard 'Plaintiff/Defendant Exhibit' labels. Provide two sets of exhibits for the judge and one set for use by witnesses on the witness stand.

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

Source text: 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. Further, see Local Rules AT-4 and AT-5.

Exhibits must be in three-ring binders with specific labeling and indexing requirements.

Source text: Exhibits are to be placed in three-ring binders. The binders should be labeled with the style of the case, case number, and whether the binder is 'Plaintiff's Exhibit Notebook' or 'Defendant's Exhibit Notebook.' The first page in the binder should have the style of the case, case number, and 'Plaintiff's/Defendant's Exhibit Notebook.' The next page should be the exhibit index. Each exhibit should be tabbed for ease of locating that exhibit. Special exhibit labels are not necessary; you may use the standard 'Plaintiff/Defendant Exhibit' labels. Provide one set of exhibits for the judge and one set for use by witnesses on the witness stand.

Proposed orders and discovery charts must be in Microsoft Word format and use the Court’s templates.

Source text: 11. Document type when submitting proposed orders and discovery charts. Parties are to provide proposed orders and discovery charts in Microsoft Word format via email or if preferred, parties may request for documents to be submitted through a secure link through the US Court’s box.com. To request a secure link, please the Court’s Law Clerks at TXWDml_NoJudge_Chambers_WA_JudgeMacLemore@txwd.uscourts.gov. Parties are to utilize the Proposed Scheduling Order Template and the Discovery Dispute Chart Template located under the “Courtroom Guidance” tab.

PDF documents must not exceed 50 MB individual file size.

Source text: VERY Important: The individual file size of documents (pdf) should not exceed 50 MB.

Proposed orders and discovery charts must be in Microsoft Word format.

Source text: Parties are to provide proposed orders and discovery charts in Microsoft Word format via email or if preferred, parties may request for documents to be submitted through a secure link through the US Court’s box.com.

Audio/video files must not exceed 500 MB individual file size.

Source text: The individual file size of audio and video should not exceed 500 MB.

PDF exhibits must not contain active links or embedded launches.

Source text: Do not include active links or embedded launches in submitted PDF exhibits.

Exhibit files must follow specific naming convention with exhibit number and underscore.

Source text: All file names MUST be named using the following naming convention. Not using this exact naming convention will cause problems in our office when uploading your exhibit files. The file name begins with the exhibit number, followed by an underscore to designate that the remaining text of the file name is the description of the exhibit.

Underscore only allowed between exhibit number and description, not elsewhere.

Source text: Note: An underscore MUST be placed between the exhibit number and exhibit description. DO NOT use an underscore anywhere else in the exhibit file name.

Sub-exhibit files limited to 200 characters and use dash before sub letter.

Source text: SUB EXHIBIT Exhibit Number(dash)Sub Letter(Underscore)Exhibit Description(.)File Extension Limited to 200 characters

All presentations must be made from the lectern, not counsel table.

Source text: All presentations in the courtroom are from the lectern.

Court conducts voir dire; attorneys cannot conduct their own.

Source text: No, the Court will conduct voir dire.

Proposed jury instructions and verdict forms must be emailed in Microsoft Word format.

Source text: 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.

Standard business attire required in courtroom.

Source text: 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.

Attorneys must wear standard business attire; men must wear coat and tie, women must wear tailored suits/dresses or pantsuits.

Source text: 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.

Electronic versions of proposed jury instructions/VERDICT forms must be in WordPerfect 9.0 format.

Source text: Yes, WordPerfect 9.0.

Electronic versions of proposed jury instructions, verdict forms, and proposed findings of fact and conclusions of law must be in WordPerfect 9.0 format.

Source text: Yes, WordPerfect 9.0.

Any submitted technology tutorial should be electronic with voiceover, filed at least 10 days before the Markman hearing, focused on underlying technology, and limited to 15 minutes per side.

Source text: If the parties submit one, the tutorial should be in electronic form, with voiceovers, and submitted at least 10 days before the Markman hearing. 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.

Physical copies are no longer required for Markman, summary judgment, and Daubert submissions; parties must coordinate with the law clerk at least ten days before hearing to provide electronic materials via Box.

Source text: The Court no longer requires physical copies of Markman briefs, summary judgment motions, and Daubert motions. Instead, the parties shall jointly contact the Court’s law clerk, at least ten days before the hearing, for a Box link to provide an electronic copy of the briefs, 10 exhibits, and the optional technology tutorial.

Court cannot receive USB drives due to security concerns.

Source text: The Court can no longer receive USB drives due to security concerns, but the technical advisors can.

Courtroom decorum rules prohibit gum, active cell phones, and beverages at counsel tables without approval; require standing when addressing court; specify lectern use and permission requirements.

Source text: No chewing gum, no active cell phone use, and no beverages at counsel tables unless approved by the court. Counsel will question the witnesses from the lectern. Request permission to approach a witness or the bench. Do not approach the lectern or walk behind opposing counsel when opposing counsel is conducting direct or cross examination. Dress consistent with court decorum rules. Anyone addressing the court must stand.

Court dislikes tardiness, attorneys talking too fast, and failure to notify when motions are unopposed.

Source text: Tardiness. Attorneys talking too fast and upsetting the Court Reporter. Not immediately notifying the Court that a motion is unopposed (or that portions of a motion are uncontested).

Only water bottles permitted at counsel table; no other beverages allowed in courtroom.

Source text: Water bottles are allowed at the counsel table, no other beverages are allowed in the courtroom.

Court sets time limits for opening statements and may cut off repetitive/excessive presentations.

Source text: The Court will provide a time limit on opening statements. If counsel becomes repetitive or excessive the court may ask them to conclude their statements.

Statement of claims or defenses for voir dire must be double-spaced and no longer than half a page.

Source text: (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.

Only water bottles permitted at counsel table; no other beverages allowed.

Source text: Water bottles are allowed at the counsel table, no other beverages are allowed in the courtroom.

The Court encourages discovery-dispute submissions in Word using a table format that clearly presents issues and requested relief.

Source text: The Court encourages the parties to provide their submission in a Word document in the following table format, which clearly identifies the disputed issues and specific relief requested.

Technology tutorials optional, electronic form, 10 days before Markman, 15 minutes per side

Source text: Technology tutorials are optional, especially in cases where a technical advisor has been appointed. If the parties submit one, the tutorial should be in electronic form, with voiceovers, and submitted at least 10 days before the Markman hearing. 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. The tutorial will not be part of the record and the parties may not rely on or cite to the tutorial in other aspects of the litigation.

Physical copies no longer required for Markman, MSJ, and Daubert motions.

Source text: The Court no longer requires physical copies of Markman briefs, summary judgment motions, and Daubert motions.

Parties are encouraged to submit discovery dispute summaries in Word document format using a specified table layout.

Source text: The Court encourages the parties to provide their submission in a Word document in the following table format, which clearly identifies the disputed issues and specific relief requested.

Technology tutorials should be electronic with voiceovers, submitted 10 days before Markman hearing, focused on underlying technology, and limited to 15 minutes per side.

Source text: If the parties submit one, the tutorial should be in electronic form, with voiceovers, and submitted at least 10 days before the Markman hearing. 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.

Example of sub exhibit naming: 1-A_Photograph of Gun Marked Up.pdf

Source text: Example: 1-A_Photograph of Gun Marked Up.pdf

Example of correct file naming: 1_Photograph of Gun.PDF

Source text: Example: 1_Photograph of Gun.PDF

Hyperlinking citations in briefs is encouraged but not required.

Source text: No, but parties are encouraged to hyperlink citations in their briefs for Westlaw or Lexis access.

Trials typically run from 8:30 AM to 5:00 PM with lunch recess from 12:00 PM to 1:00 PM.

Source text: Trials normally convene at 8:30 a.m. and adjourn around 5:00 p.m., recessing for lunch between 12:00 p.m. and 1:00 p.m.

Counsel should address Court and witnesses from the lectern.

Source text: From the lectern.

Court trial days typically run 8:30 a.m. - 5:30 p.m. with two 15-minute breaks and one-hour lunch.

Source text: 8:30 a.m. - 5:30 p.m. Two 15 min. breaks during the day. One hour for lunch. If the case runs behind schedule, the lunch break may be cut short and we may work past 5:30 p.m.

Large exhibits should be delivered as hard copy to Chambers; CD with hyperlinks accepted; OCR recommended.

Source text: If a motion or response contains numerous exhibits, consider delivering a "hard copy" to Chambers. Briefs or motions on CD with hyperlinks to cases or exhibits are also accepted. To the extent possible, scanned documents should be made searchable through optical character recognition (OCR) before electronic filing.

Attorneys must wear standard business attire including coat and tie for men.

Source text: Attorneys are required to wear standard business attire. For men, this includes a coat and tie. Otherwise, see Local Rule AT-5.

Trial days typically run 9:00 AM to 5:00 PM with lunch recess.

Source text: Trial will normally convene at 9:00 a.m. and adjourn around 5:00 p.m., recessing for lunch between 12:00 p.m. and 1:15 p.m.

Court accepts electronic trial exhibits for JERS system.

Source text: The court has the ability to receive all trial exhibits in electronic format. The jury is then able to review the admitted exhibits during deliberations using the Jury Evidence Recording System (JERS). Instructions on how to submit exhibits in the appropriate electronic format may be found here.

Electronic versions of jury instructions and verdict forms accepted in Word format.

Source text: Yes. Documents may be submitted in Word.

Parties may leave exhibits and equipment in the courtroom overnight.

Source text: Yes.

Judge conducts principal voir dire; attorneys may submit written questions and ask 20-minute follow-up questions.

Source text: The Judge will conduct the principal voir dire. Attorneys may submit written questions in advance. On completion of the general voir dire, the Judge typically allows attorneys to ask follow-up questions (a time limit of 20 minutes is usually imposed).

Opening statements in criminal cases typically allowed 20-30 minutes.

Source text: Counsel are normally afforded 20-30 minutes to make an opening statement.

Citations preferred in body text, string citations acceptable in footnotes.

Source text: I prefer when citations and other matters are included in the body of a document’s text, as opposed to a footnote. That said, a string citation is fine in a footnote.

Trial days typically run 9:00 AM to 4:30 PM with lunch recess 12:00 PM to 1:30 PM.

Source text: Trial will normally convene at 9:00 a.m. and adjourn around 4:30 p.m. recessing for lunch between 12:00 p.m. to 1:30 p.m.