Western District of Texas Document Format Requirements

CRITICALCivil cases

Format

DOCX

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.

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.

CRITICAL

PDF exhibits must not contain active links or embedded launches.

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

CRITICAL

Exhibit files must follow specific naming convention with exhibit number and 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

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

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

CRITICAL

Format

PDF

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

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

CRITICAL

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

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

CRITICAL

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

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.

CRITICALCivil cases

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

All presentations in the courtroom are from the lectern.

CRITICALCivil cases

Format

DOCX

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.

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.

CRITICALCivil cases

Court conducts voir dire; attorneys cannot conduct their own.

No, the Court will conduct voir dire.

CRITICALCivil cases

Standard business attire required in courtroom.

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

Format

WORD_PERFECT

Yes, WordPerfect 9.0.

Yes, WordPerfect 9.0.

CRITICALCivil cases

Format

WORD_PERFECT

Yes, WordPerfect 9.0.

Yes, WordPerfect 9.0.

CRITICAL

Response to Proposed Undisputed Facts must be in a three-column format: verbatim fact, undisputed/disputed status, and evidence or objection if disputed.

The opposing party's Response to Proposed Undisputed Facts must be prepared in a three-column format, and track the movant's Proposed Undisputed Facts exactly as prepared by that party. The first column must restate the allegedly undisputed fact verbatim. The second column must state whether each numbered fact in the first column is undisputed or disputed. If a proposed undisputed fact is disputed, the third column must cite evidence supporting the assertion that there is a genuine issue for trial regarding the proposed undisputed fact, or provide a specific evidentiary objection to the evidence on which the movant relies in support of the proposed undisputed fact.

CRITICAL

Proposed Undisputed Facts must be in a two-column format with numbered paragraphs, each addressing a single subject.

The Proposed Undisputed Facts shall be prepared in a two-column format. The left column shall set forth the allegedly undisputed fact. The right column shall set forth the evidence that supports the factual statement. The factual statements should be set forth in sequentially numbered paragraphs. Each paragraph should contain a narrowly focused statement of fact. Each numbered paragraph should address a single subject as concisely as possible.

CRITICAL

A proposed order accompanying a motion or opposition must be completely separate from all other papers.

IT IS FURTHER ORDERED that all motions and responses in opposition to motions filed in cases on the undersigned's docket, must be accompanied by a proposed order which shall be completely separate from all other papers.

WARNINGCivil cases

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

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

WARNINGCivil cases

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.

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.

WARNINGCivil cases

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.

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.

WARNING

If a party intends to include non-documentary materials (e.g., videotapes and other physical materials) or oversized materials (e.g., maps and schematic drawings) in the appendix, it must contact the Court at least 7 days be- fore filing the appendix (absent good cause) to deter- mine the appropriate method to submit those materi- als. The appendix should include a separate slip sheet for each non-documentary item and identify on the slip sheet that the item was or will be separately filed with the Court.

If a party intends to include non-documentary materials (e.g., videotapes and other physical materials) or oversized materials (e.g., maps and schematic drawings) in the appendix, it must contact the Court at least 7 days be- fore filing the appendix (absent good cause) to deter- mine the appropriate method to submit those materi- als. The appendix should include a separate slip sheet for each non-documentary item and identify on the slip sheet that the item was or will be separately filed with the Court.

WARNING

Each appendix item must be preceded by a slip sheet identifying the item using the same description as in the table of contents.

Place a slip sheet before each item that identifies the item by the content of the document using the same description that appears in the table of contents.

WARNING

Appendix must include bookmarks for each item, labeled with the same description as the TOC and slip sheet, linking to the slip sheet page.

Create bookmarks, one for each item, that together form a navigable index corresponding to the table of contents. Each bookmark must be labeled with the content of the item using the same description as the table of contents and slip sheet, and must link to the page on which that item's slip sheet appears.

WARNINGCivil cases

Technology tutorials are optional; submitted tutorials should be electronic, include voiceovers, and be submitted at least 10 days before the Markman hearing.

Technology tutorials are optional. If the parties submit one, the tutorial should be in electronic ===== PAGE 8 ===== form, with voiceovers, and submitted at least 10 days before the Markman hearing.

WARNINGCivil cases

Format

WORD_PERFECT

Parties may provide electronic versions of proposed jury instructions, verdict forms, and proposed findings of fact and conclusions of law, which must be in WordPerfect format.

May the parties provide the court with electronic versions of proposed jury instructions, verdict forms, or proposed findings of fact and conclusions of law? If so, what format should be used? Yes. Must be in a WordPerfect format.

WARNINGCivil cases

Exhibit binders should identify the case style and number and distinguish the plaintiff’s notebook from the defendant’s.

The binders should be labeled with the style of the case, case number, and should distinguish whether it is “Plaintiff’s Exhibit Notebook” or “Defendant’s Exhibit Notebook.”

WARNINGCivil cases

Format

DOCX

Proposed jury instructions, verdict forms, and proposed findings and conclusions should be submitted in Microsoft Word by email to the specified Courtroom Deputy address.

Yes. Proposed jury instructions, verdict forms and/or proposed finds of fact and conclusions of law should be provided in Microsoft Word and emailed to magda_muzza@txwd.uscourts.gov.

WARNINGCivil cases

Proposed jury instructions, verdict forms, and proposed findings and conclusions should be provided in Microsoft Word and emailed to the listed address.

Yes. Proposed jury instructions, verdict forms and/or proposed finds of fact and conclusions of law should be provided in Microsoft Word and emailed to 9 758659.1 ===== PAGE 10 ===== magda_muzza@txwd.uscourts.gov.

WARNINGCivil cases

Exhibits must be placed in three-ring binders.

Exhibits are to be placed in three-ring binders.

WARNINGCivil cases

The exhibit binder must include an index and tabs to locate exhibits.

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

WARNINGCivil cases

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.

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.

WARNINGCivil cases

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

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).

WARNINGCivil cases

There is no automatic overall limit on participating attorneys, but only one attorney may examine a given witness and make cross-examination objections for that witness.

The Court does not automatically impose any limit on the number of attorneys who may make arguments and question witnesses at trial for a single party; however, only one attorney may examine any given witness, including making objections on cross examination.

WARNINGCivil cases

Only one attorney may handle each argument, though different attorneys may handle the opening and closing statements.

Only one attorney may handle any given argument, although different attorneys may handle the opening and closing statements.

WARNINGCivil cases

Counsel generally must question witnesses from the podium; the Court will consider well-supported requests to do otherwise if made before trial.

Generally, counsel must question witnesses from the podium, but the Court will entertain well supported requests to do otherwise if made pre-trial.

WARNINGCivil cases

Counsel who are physically able must stand when addressing the Court, objecting, or examining witnesses, unless instructed otherwise.

If physically able, counsel must stand when addressing the court, making objections, or examining witnesses unless otherwise instructed.

WARNINGCivil cases

Format

DOCX

Proposed orders and discovery charts must be provided in Microsoft Word format by email, or parties may request submission through a secure link via the U.S. Court’s Box.com.

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.

WARNINGCivil cases

Demonstratives generally may not be used during voir dire, though the Court will consider limited exceptions.

Demonstratives generally may not be used during voir dire, but the Court will entertain limited exceptions to this general practice.

WARNINGCivil cases

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

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

WARNINGCivil cases

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

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

WARNINGCivil cases

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

(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.

WARNINGCivil cases

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

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.

INFOCivil cases

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

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.

INFOCivil cases

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

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.

INFOCivil cases

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

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.

INFOCivil cases

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

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

INFOCivil cases

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.

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.

INFO

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

Example: 1-A_Photograph of Gun Marked Up.pdf

INFO

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

Example: 1_Photograph of Gun.PDF

INFOCivil cases

Headings, footnotes, and quotations longer than two lines may be single-spaced.

Headings, footnotes, and quotations more than two lines long may be single-spaced.