Western District of Texas Page & Word Limits

Limit

500 words

Limit

1000 words

Applies to

Discovery dispute summary email

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

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.

Limit

500 words

Limit

1000 words

Applies to

Discovery dispute response email

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

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.

Limit

15 pages

Limit

5 pages

Applies to

Brief

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

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

Limit

20 pages

Limit

30 pages

Limit

5 pages

Limit

45 pages

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.

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

Limit

20 pages

Limit

30 pages

Limit

5 pages

Limit

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.

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

Limit

10 pages

Limit

15 pages

Limit

2 pages

Limit

21 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.

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

Limit

10 pages

Limit

15 pages

Limit

2 pages

Limit

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.

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

Limit

40 pages

Limit

15 pages

Applies to

Opening brief

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

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.

Limit

20 pages

Limit

10 pages

Applies to

Reply brief

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.

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.

Limit

10 pages

Applies to

Case management motion

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.

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.

Attorney limit

30 count

Required

Always

Applies to

Interrogatory

30 interrogatories per side allowed

Interrogatories: 30 per side

Attorney limit

45 count

Required

Always

Applies to

Request for admission

45 requests for admission per side allowed

Requests for Admission: 45 per side

Attorney limit

75 count

Required

Always

Applies to

Request for production

75 requests for production per side allowed

Requests for Production: 75 per side

Attorney limit

70 hours

Required

Always

Applies to

Fact deposition

70 hours of fact depositions per side allowed

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

Attorney limit

7 hours

Required

Always

Applies to

Expert deposition

7 hours of expert deposition per report allowed

Expert Depositions: 7 hours per report

Attorney limit

500 words

Required

Always

Applies to

Discovery dispute summary

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

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.

Attorney limit

15 pages

Applies to

Opening brief

Opening brief limited to 15 pages.

1. Opening – 15 pages

Attorney limit

15 pages

Applies to

Response brief

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

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

Attorney limit

5 pages

Applies to

Reply brief

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

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

Attorney limit

8 terms

Attorney limit

10 terms

Attorney limit

12 terms

Required

Always

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

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

Attorney limit

20 pages

Attorney limit

30 pages

Attorney limit

45 pages

Attorney limit

10 pages

Markman briefing page limits based on number of patents

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

Attorney limit

10 pages

Applies to

Motion

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

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.

Attorney limit

500 words

Attorney limit

1000 words

Applies to

Discovery dispute summary

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.

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.

Attorney limit

15 pages

Attorney limit

5 pages

Applies to

Motion to transfer brief

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

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

Attorney limit

20 pages

Attorney limit

30 pages

Attorney limit

45 pages

Applies to

Opening 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.

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

Attorney limit

20 pages

Attorney limit

30 pages

Attorney limit

45 pages

Applies to

Response brief

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.

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

Attorney limit

10 pages

Attorney limit

15 pages

Attorney limit

21 pages

Applies to

Reply brief

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.

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

Attorney limit

10 pages

Attorney limit

15 pages

Attorney limit

21 pages

Applies to

Sur reply

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.

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

Attorney limit

40 pages

Attorney limit

15 pages

Attorney limit

20 pages

Attorney limit

10 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.

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.

Attorney limit

10 pages

Applies to

Motion

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

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.

Attorney limit

30 pages

Applies to

Brief

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

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

Attorney limit

30 pages

Required

Always

Applies to

Brief

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

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

Attorney limit

0 pages

Required

Always

Applies to

Motion

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

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

Attorney limit

20 pages

Applies to

Objection

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

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.

Attorney limit

0 pages

Required

Always

Applies to

Motion

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

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

Attorney limit

20 pages

Attorney limit

10 pages

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

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.

Attorney limit

20 pages

Attorney limit

10 pages

Applies to

Dispositive motion

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

All dispositive motions shall be filed on or before ________________________ and shall be limited to 20 pages. Responses shall be filed and served on all other parties not later than 14 days after the service of the motion and shall be limited to 20 pages. Any replies shall be filed and served on all other parties not later than 7 days after the service of the response and shall be limited to 10 pages, but the Court need not wait for the reply before ruling on the motion.

Attorney limit

30 pages

Applies to

Brief

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

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

Attorney limit

0 pages

Required

Always

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

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.

Attorney limit

20 pages

Applies to

Dispositive motion

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

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).

Attorney limit

20 pages

Applies to

Response to dispositive motion

Responses to dispositive motions limited to 20 pages.

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

Attorney limit

0 pages

Required

Always

Applies to

Pleading

Exceeding page limits requires a motion with proposed pleading.

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.

Attorney limit

10 pages

Applies to

Reply to dispositive motion

Replies to dispositive motions limited to 10 pages.

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

Limit

20 pages

Applies to

Motion

Dispositive motions and responses are limited to 20 pages.

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

Limit

10 pages

Applies to

Reply

Replies to dispositive motions are limited to 10 pages.

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

Limit

20 pages

Applies to

Motion

Motions are limited to 20 pages per local rules.

twenty pages for motions

Limit

10 pages

Applies to

Opposition

Responses are limited to 10 pages per local rules.

ten pages for responses

Limit

10 pages

Applies to

Reply

Replies are limited to 10 pages per local rules.

ten pages for... replies

Attorney limit

0 pages

Required

Always

Applies to

Brief

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

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

Attorney limit

30 minutes

Applies to

Opening statement

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

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

Attorney limit

0 pages

Applies to

Brief

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

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

Attorney limit

30 pages

Required

Always

Applies to

Brief

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

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

Attorney limit

0 pages

Required

Always

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

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.

Attorney limit

0 pages

Required

Always

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

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.

Attorney limit

25 pages

Required

Always

Applies to

Brief

Motion for leave required to exceed page limits.

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.

Attorney limit

20 minutes

Attorney limit

15 minutes

Applies to

Opening statement

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

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

Attorney limit

20 minutes

Required

Always

Applies to

Voir dire

Judge conducts principal voir dire; attorneys get 20 minutes for follow-up questions.

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).

Attorney limit

30 minutes

Required

Always

Applies to

Opening statement

Opening statements typically allowed 20-30 minutes per side.

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

Attorney limit

10 minutes

Applies to

Voir dire questions

Each party gets 10 minutes for voir dire questions.

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

Attorney limit

10 minutes

Applies to

Opening statement

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

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).

Attorney limit

5 minutes

Applies to

Voir dire

Counsel allowed 5 minutes each for voir dire questioning.

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.