Western District of Texas Document Format Requirements

CRITICAL

A paper HSD must be submitted in a sealed envelope marked “HIGHLY SENSITIVE DOCUMENT,” with an outside half sheet containing only the case or matter caption.

If the Clerk's office receives the HSD in paper format, the HSD shall be submitted to the Clerk's office in a sealed envelope marked "HIGHLY SENSITIVE DOCUMENT." The outside of the envelope shall be affixed with a half sheet containing only the caption of the case or matter.

CRITICALCivil cases

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

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.

CRITICALCivil cases

Margins

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

Margins

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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.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

Margins

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

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.

CRITICALCivil cases

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

CRITICALCivil cases

Format

DOCX

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.

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.

CRITICAL

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

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

CRITICALCivil casesProposed or draft document; may not be in force

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

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.

CRITICALCivil casesProposed or draft document; may not be in force

Format

DOCX

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.

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.

CRITICALCivil casesProposed or draft document; may not be in force

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

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.

CRITICALCivil casesProposed or draft document; may not be in force

Format

DOCX

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

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.

CRITICAL

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

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

CRITICALCivil casesProposed or draft document; may not be in force

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

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

CRITICAL

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

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

CRITICAL

Exhibit files must use specific naming convention with underscore.

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.

CRITICAL

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

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

CRITICALCivil casesProposed or draft document; may not be in force

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

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.

CRITICALCivil casesProposed or draft document; may not be in force

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

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

CRITICALCivil casesProposed or draft document; may not be in force

All pages within each exhibit must be consecutively paginated.

The pages within each exhibit shall be consecutively paginated.

CRITICAL

Underscore required between exhibit number and description only.

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.

CRITICAL

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

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

CRITICALCivil casesProposed or draft document; may not be in force

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

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.

CRITICAL

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

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

CRITICALCivil casesProposed or draft document; may not be in force

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

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.

CRITICALCivil casesProposed or draft document; may not be in force

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.

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

CRITICAL

Format

PDF

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

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

CRITICAL

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

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

CRITICAL

Each volume of a multi-volume appendix must have a cover page, a table of contents covering the entire appendix, and items preceded by slip sheets.

Assemble each vol- ume like a single appendix—a cover page, then a table of contents, then the volume’s items, each preceded by its slip sheet—except that the table of contents in every volume must cover the entire appendix, not only that volume.

CRITICAL

Appendix must be a single, self-contained document separate from the main filing.

Assemble the appendix as a single, self-contained document, separate from the pleading, motion, response, reply, or brief.

CRITICAL

Appendix pagination: cover and TOC unnumbered; first slip sheet numbered App.1; sequential numbering in lower right corner; no restarting; numbers must not obscure underlying text.

Do not number the cover page or the table of contents. Number the first slip sheet “App.1” and number each following page sequentially, legibly, and in the lower right-hand corner, through the last page of the appendix. The numbering must not restart at any item. Place the number so it does not obscure the un- derlying document’s text or existing pagination.

CRITICAL

Each volume's cover page must show the range of appendix pages it contains.

On the cover page of each volume, identify the range of appendix pages the volume contains, using the App.__ numbering.

CRITICAL

Appendix must be assembled in order: cover page, table of contents, then each item with a slip sheet.

Assemble the appendix in the following order: (1) cover page; (2) table of contents; and (3) each item, preceded by a slip sheet.

CRITICAL

Appendix must be divided into multiple volumes if it exceeds e-filing size limit or contains sealed materials.

An appendix must be divided into consecutively numbered volumes if it (1) exceeds the size limit for an electronically filed docu- ment, or (2) contains materials filed or sought to be filed under seal.

CRITICAL

Format

PDF

All appendix pages must be text-searchable; scanned material must have OCR applied and reviewed for accuracy; good-faith effort to remedy OCR errors required.

All pages in the appendix must be text-searchable. Apply optical character recognition (OCR) to any scanned material, then review the output to confirm that the recognized text accurately matches the document’s actual wording. Do not assume OCR alone is sufficient, as faulty OCR can produce a text layer that appears searchable but returns inaccurate or incomplete results. Where OCR is inaccurate or incom- plete, parties must make a good-faith effort to remedy the errors—for example, by re-scanning the document to produce a cleaner copy for OCR—recognizing that perfect results are not always attainable.

CRITICAL

Each document must be placed entirely within one volume; documents cannot be split across volumes.

Place each document, in its entirety, within a single volume. Do not divide a document across volumes.

CRITICAL

Appendix pagination must be continuous across volumes; cover pages and tables of contents are not numbered.

The App.__ pagination runs continuously across all volumes and does not restart. In each volume, do not number the cover page or table of contents. The first slip sheet of a later volume con- tinues the numbering from the last page of the preced- ing volume.

CRITICALCivil cases

Applies to

Proposed order

The parties must send the proposed order in editable form and show disputed language in red and blue text.

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

CRITICALCivil cases

Margins

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Pleadings, motions, and other submissions must use at least 12-point type, be double-spaced on 8½-by-11-inch paper with one-inch margins, and identify the case style and document name.

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.

CRITICALCivil cases

Case citations must use Westlaw format, not Lexis.

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

CRITICALCivil cases

Case citations must use Westlaw format, not Lexis.

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

CRITICALCivil cases

Motions must include numbered paragraphs with specific record citations.

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.

CRITICAL

Attorneys must wear standard business attire including coat and tie for men, 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. Further, see Local Rules AT-4 and AT-5.

CRITICAL

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

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.”

CRITICAL

Margins

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

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.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

Format

DOCX

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

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.