Western District of Texas Page & Word Limits

The requesting party’s discovery-dispute summary email is limited to 500 words for one issue or 1,000 words combined for multiple issues.

Source text: If the parties remain at an impasse after lead counsel have met and conferred, the requesting party shall email a summary of the issue(s) and specific relief requested to all counsel of record. The summary of the issue shall not exceed 500 words for one issue or a combined 1,000 words for multiple issues.

The responding party’s discovery-dispute email response is limited to 500 words for one issue or 1,000 words combined for multiple issues.

Source text: The responding party has 3 business days 6 thereafter to provide an email response, also not to exceed 500 words for one issue or a combined 1,000 words for multiple issues.

Transfer-motion briefing is limited to 15 pages for opening, 15 pages for response, and 5 pages for reply.

Source text: 1. Opening – 15 pages 2. Response – 15 pages, due 14 days after the completion of venue or jurisdictional discovery, if such discovery is conducted; otherwise, 14 days after the Opening brief 3. Reply – 5 pages, due 14 days after the Response brief

Opening Markman briefs are limited to 20 pages (1-2 patents), 30 pages (3-5 patents), and for more than 5 patents 30 pages plus 5 pages per patent over 5 up to 45 pages.

Source text: Opening 20 pages 30 pages 30 pages, plus 5 additional pages for each patent over 5 up to a maximum of 45 pages

Response Markman briefs are limited to 20 pages (1-2 patents), 30 pages (3-5 patents), and for more than 5 patents 30 pages plus 5 pages per patent over 5 up to 45 pages.

Source text: Response 20 pages 30 pages 30 pages, plus 5 (Plaintiff) additional pages for each patent over 5 up to a maximum of 45 pages

Reply Markman briefs are limited to 10 pages (1-2 patents), 15 pages (3-5 patents), and for more than 5 patents 15 pages plus 2 pages per patent over 5 up to 21 pages.

Source text: Reply 10 pages 15 pages 15 pages, plus 2 (Defendant) additional pages for each patent over 5 up to a maximum of 21 pages

Sur-reply Markman briefs are limited to 10 pages (1-2 patents), 15 pages (3-5 patents), and for more than 5 patents 15 pages plus 2 pages per patent over 5 up to 21 pages.

Source text: Sur-Reply 10 pages 15 pages 15 pages, plus 2 (Plaintiff) additional pages for each patent over 5 up to a maximum of 21 pages

Without leave of court, cumulative opening-brief page limits are 40 pages per side for MSJs, 40 for Daubert motions, and 15 for MILs.

Source text: However, absent leave of Court, the cumulative page limit for opening briefs for all MSJs is 40 pages per side, for all Daubert motions is 40 pages per side, and for all MILs is 15 pages per side.

Reply briefs follow local rules but cumulative caps are 20 pages per side for MSJs, 20 per side for Daubert motions, and 10 for MILs.

Source text: Reply brief page limits shall be governed by the local rules, but in no event shall the cumulative pages of reply briefs exceed 20 pages per side for all MSJs, 20 pages per side for all Daubert motions, and 10 pages for all MILs.

Case-management motions under Local Rule CV-7 are subject to a 10-page limit, including listed examples such as stay, continuance, and amendment motions.

Source text: With respect to calculating page limits for motions not otherwise addressed in this Order, such that Local Rule CV-7 applies, at least the following are examples of motions the Court considers to be “case management motions” where the 10-page limit shall apply: Motions to Stay, Motions for Continuance, and Motions to Amend Pleadings, Contentions, or Scheduling Orders.

30 interrogatories per side allowed

Source text: Interrogatories: 30 per side

45 requests for admission per side allowed

Source text: Requests for Admission: 45 per side

75 requests for production per side allowed

Source text: Requests for Production: 75 per side

70 hours of fact depositions per side allowed

Source text: Fact Depositions: 70 hours per side (for both party and non-party witnesses combined)

7 hours of expert deposition per report allowed

Source text: Expert Depositions: 7 hours per report

Summary and response limited to 500 words per issue (1,000 for multiple), response due in 3 business days

Source text: The summary of the issue shall not exceed 500 words for one issue or a combined 1,000 words for multiple issues. The responding party has 3 business days thereafter to provide an email response, also not to exceed 500 words for one issue or a combined 1,000 words for multiple issues.

Opening brief limited to 15 pages.

Source text: 1. Opening – 15 pages

Response brief limited to 15 pages, due 14 days after venue discovery or opening brief.

Source text: 2. Response – 15 pages, due 14 days after the completion of venue or jurisdictional discovery, if such discovery is conducted; otherwise, 14 days after the Opening brief

Reply brief limited to 5 pages, due 14 days after response brief.

Source text: 3. Reply – 5 pages, due 14 days after the Response brief

Presumed limits on claim terms to be construed based on number of patents

Source text: The presumed limits based on the number of patents-in-suit are as follows: 1-2 Patents 8 terms 3-5 Patents 10 terms More than 5 Patents 12 terms

Markman briefing page limits based on number of patents

Source text: Brief 1-2 Patents 3-5 Patents More than 5 Patents Opening 20 pages 30 pages 30 pages, plus 5 additional pages for each patent over 5 up to a maximum of 45 pages Response 20 pages 30 pages 30 pages, plus 5 additional pages for each patent over 5 up to a maximum of 45 pages Reply 10 pages 15 pages 15 pages, plus 2 additional pages for each patent over 5 up to a maximum of 21 pages Sur-Reply 10 pages 15 pages 15 pages, plus 2 additional pages for each patent over 5 up to a maximum of 21 pages

Case management motions (stay, continuance, amend pleadings) are subject to 10-page limit under Local Rule CV-7.

Source text: With respect to calculating page limits for motions not otherwise addressed in this Order, such that Local Rule CV-7 applies, at least the following are examples of motions the Court considers to be "case management motions" where the 10-page limit shall apply: Motions to Stay, Motions for Continuance, and Motions to Amend Pleadings, Contentions, or Scheduling Orders.

Discovery dispute summaries and responses limited to 500 words for one issue or 1000 words for multiple issues; specific relief requested excluded from word count.

Source text: The summary of the issue shall not exceed 500 words for one issue or a combined 1,000 words for multiple issues. The responding party has 3 business days thereafter to provide an email response, also not to exceed 500 words for one issue or a combined 1,000 words for multiple issues. The specific relief requested does not count toward the word limits.

Motions to transfer have page limits of 15 pages for opening/response briefs and 5 pages for reply briefs.

Source text: The following page limits and briefing schedule apply to motions to transfer: 1. Opening – 15 pages 2. Response – 15 pages, due 14 days after the completion of venue or jurisdictional discovery, if such discovery is conducted; otherwise, 14 days after the Opening brief 3. Reply – 5 pages, due 14 days after the Response brief

Defendant's opening Markman brief limited to 20 pages (1-2 patents), 30 pages (3-5 patents), 30+5 per patent over 5 up to 45 pages maximum.

Source text: Opening (Defendant) 20 pages 30 pages 30 pages, plus 5 additional pages for each patent over 5 up to a maximum of 45 pages

Plaintiff's response Markman brief limited to 20 pages (1-2 patents), 30 pages (3-5 patents), 30+5 per patent over 5 up to 45 pages maximum.

Source text: Response (Plaintiff) 20 pages 30 pages 30 pages, plus 5 additional pages for each patent over 5 up to a maximum of 45 pages

Defendant's reply Markman brief limited to 10 pages (1-2 patents), 15 pages (3-5 patents), 15+2 per patent over 5 up to 21 pages maximum.

Source text: Reply (Defendant) 10 pages 15 pages 15 pages, plus 2 additional pages for each patent over 5 up to a maximum of 21 pages

Plaintiff's sur-reply Markman brief limited to 10 pages (1-2 patents), 15 pages (3-5 patents), 15+2 per patent over 5 up to 21 pages maximum.

Source text: Sur-Reply (Plaintiff) 10 pages 15 pages 15 pages, plus 2 additional pages for each patent over 5 up to a maximum of 21 pages

Cumulative page limits for MSJ, Daubert, and MIL briefs: 40 pages per side opening (MSJ/Daubert), 15 MIL opening; 20 pages per side reply (MSJ/Daubert), 10 MIL reply. MSJs based on 35 U.S.C. § 101 exempt.

Source text: The Court does not limit the number of motions for summary judgment (MSJs) or Daubert motions7 a party may file. However, absent leave of Court, the cumulative page limit for opening briefs for all MSJs is 40 pages per side,8 for all Daubert motions is 40 pages per side, and for all MILs is 15 pages per side. Each responsive MSJ, Daubert, and MIL brief is limited to the pages utilized in the opening brief or by the local rules, whichever is greater; and the cumulative pages for responsive briefs shall be no more than cumulative 7 This includes any motion filed after opening expert reports that seeks to strike or preclude the use of any part of an expert report for any reason, including procedural reasons. 8 MSJs based on 35 U.S.C. § 101 do not count against the page limits for summary judgment motions. rules, but in no event shall the cumulative pages of reply briefs exceed 20 pages per side for all MSJs, 20 pages per side for all Daubert motions, and 10 pages for all MILs.

Case management motions (Stay, Continuance, Amend Pleadings/Contentions/Scheduling Orders) have a 10-page limit per Local Rule CV-7.

Source text: With respect to calculating page limits for motions not otherwise addressed in this Order, such that Local Rule CV-7 applies, at least the following are examples of motions the Court considers to be “case management motions” where the 10-page limit shall apply: Motions to Stay, Motions for Continuance, and Motions to Amend Pleadings, Contentions, or Scheduling Orders.

Briefs/memoranda under 30 pages may be submitted without leave of Court.

Source text: Without leave of Court, any brief or memorandum less than thirty pages may be submitted.

Briefs/memoranda under 30 pages can be submitted without leave of Court.

Source text: Without leave of Court, any brief or memorandum less than thirty pages may be submitted.

Page limits follow Local Rule CV-7 unless leave of court granted.

Source text: Submissions shall comply with Local Court Rule CV-7 absent leave of court.

Objections to magistrate judge recommendations limited to 20 pages for dispositive motions.

Source text: Objections to magistrate judge recommendations must comply with the same page limits; e.g., if the recommendation relates to a dispositive motion, the objections (and any response thereto) shall be limited to 20 pages without leave of Court.

Motion and order required for leave of court to exceed page limits.

Source text: Yes, motion and order for leave of court is required.

Court allows 20 pages for motions/briefs/responses and 10 pages for replies without leave.

Source text: Does the court depart from the page limits contained in the local rules? If so, by standing order or is a motion for leave of court and order required? Court allows 20 pages for motions, briefs and responses without leave of court, and 10 pages for replies without leave of court.

Briefs/memoranda under 30 pages may be submitted without leave of court.

Source text: Without leave of Court, any brief or memorandum less than 30 pages may be submitted.

Briefing beyond motion/response/reply is heavily disfavored and may be struck without leave.

Source text: Does the Court accept briefing on motions beyond the motion, response, and reply? If so, is a motion for leave of court and order required? Briefing beyond the motion, response, and reply is heavily disfavored. Parties should seek leave before filing such briefing, and such briefing may be struck if filed without prior leave.

Dispositive motions limited to 20 pages, responses to 20 pages, replies to 10 pages.

Source text: Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive motions shall be limited to twenty (20) pages in length. Replies, if any, shall be limited to ten (10) pages in length in accordance with Local Rule CV-7(e).

Responses to dispositive motions limited to 20 pages.

Source text: Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive motions shall be limited to twenty (20) pages in length.

Replies to dispositive motions limited to 10 pages.

Source text: Replies, if any, shall be limited to ten (10) pages in length in accordance with Local Rule CV-7(e).

Dispositive motions and responses are limited to 20 pages.

Source text: Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive motions shall be limited to twenty (20) pages in length.

Replies to dispositive motions are limited to 10 pages.

Source text: Replies, if any, shall be limited to ten (10) pages in length in accordance with Local Rule CV-7(e).

Exceeding page limits requires a motion with proposed pleading.

Source text: On occasion, the Court will allow counsel to file pleadings with a number in excess of that stated in the Local Rules. A motion to exceed page limit is required, along with the proposed pleading, for the Court’s determination in granting or denying.

Motions are limited to 20 pages per local rules.

Source text: twenty pages for motions

Responses are limited to 10 pages per local rules.

Source text: ten pages for responses

Replies are limited to 10 pages per local rules.

Source text: ten pages for... replies

Leave of Court required for briefs exceeding local rule page limits.

Source text: Leave of Court is required for briefs longer than that permitted by local rule and standing order. Such leave is routinely granted, however.

Opening statements in criminal cases are typically limited to 20-30 minutes.

Source text: Counsel are normally afforded twenty to thirty minutes to make an opening statement.

Leave of Court required for briefs exceeding local rule page limits.

Source text: Leave of Court is required for briefs longer than that permitted by local rule and standing order. Such leave is routinely granted, however.

Briefs/memoranda under 30 pages may be submitted without leave.

Source text: Any brief or memorandum less than 30 pages may be submitted.

Exceeding page limits requires a motion for leave; court values brevity.

Source text: Does the Court depart from the page limits contained in the local rules? If so, by standing order or is a motion for leave of court and order required? To get this relief, file a motion requesting leave to exceed page limits. That said, the Court values brevity and clarity.

Motion to exceed page limit is required to file pleadings longer than local rules allow.

Source text: On occasion, the Court will allow counsel to file pleadings with a number in excess of that stated in the Local Rules. A motion to exceed page limit is required, along with the proposed pleading, for the Court's determination in granting or denying.

Motion for leave required to exceed page limits.

Source text: The Court discourages parties from exceeding the page limit established in the Rules. However, Parties should file a Motion for leave to exceed the page limit if justified.

Opening statements in criminal cases typically given 15-20 minutes depending on case complexity.

Source text: Typically 15-20 minutes. Depends on the complexity of the case.

Judge conducts principal voir dire; attorneys get 20 minutes for 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 per side is usually imposed).

Opening statements typically allowed 20-30 minutes per side.

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

Each party gets 10 minutes for voir dire questions.

Source text: Each party will be allotted ten minutes to ask any other questions.

Opening statements limited to 10 minutes per side, with possible extensions for special circumstances.

Source text: The Court will limit opening statements to ten minutes per side. The Court will consider allowing additional time for opening statements only in special circumstances (for example, multiple defendants).

Counsel allowed 5 minutes each for voir dire questioning.

Source text: Judge Briones will conduct the majority of voir dire. Counsel will be allowed five minutes each to question the panel, unless the Court provides otherwise. Counsel should not attempt to turn voir dire into an opening statement.