Western District of Texas Page & Word Limits

CRITICALCivil cases

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).

CRITICALCivil cases

Limit

20 pages

Applies to

Motion

twenty pages for motions

twenty pages for motions

CRITICALCivil cases

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.

WARNINGCivil cases

Limit

30 pages

Applies to

Brief

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

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

CRITICALCivil cases

Applies to

Claim construction

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 3-5 Patents More than 5 Patents 8 terms 10 terms 12 terms

CRITICALCivil cases

Applies to

Interrogatory

30 interrogatories per side allowed

Interrogatories: 30 per side

CRITICALCivil cases

Applies to

Expert deposition

7 hours of expert deposition per report allowed

Expert Depositions: 7 hours per report

CRITICALCivil cases

Applies to

Request for production

75 requests for production per side allowed

Requests for Production: 75 per side

CRITICALCivil cases

Applies to

Request for admission

45 requests for admission per side allowed

Requests for Admission: 45 per side

CRITICALCivil cases

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)

CRITICALCivil cases

Applies to

Responsive brief

Cumulative responsive-brief pages may not exceed the cumulative pages used in the opening briefs.

The cumulative pages for responsive briefs shall be no more than cumulative pages utilized in the opening briefs.

CRITICALCivil cases

Page limits apply collectively in coordinated and consolidated cases.

The page limits apply collectively for coordinated and consolidated cases;

CRITICALCivil cases

Applies to

Responsive brief

Responsive MSJs, Daubert motions, and MILs are limited to whichever is greater: the pages used in the opening brief or the local-rule limit.

Each responsive MSJ, Daubert motion, and MIL is limited to the pages utilized in the opening brief or by the local rules, whichever is greater.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Motion

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

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

CRITICAL

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.

CRITICALCivil cases

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.

WARNINGCivil cases

The Court will consider reasonable requests to adjust the Markman page limits when exceptional circumstances warrant.

When exceptional circumstances warrant, the Court will consider reasonable requests to adjust these limits.

WARNING

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.

WARNING

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.

WARNING

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.

WARNINGCivil cases

The title page, table of contents, table of authorities, and statement of issues are excluded from the page limitation under Civil Local Rule CV-7(d).

The title page, table of contents, table authorities, and statement of issues do not count toward the page limitation set forth in Civil Local Rule CV-7(d).

WARNING

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

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.

INFOCivil cases

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.

INFOCivil cases

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.

INFOCivil cases

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).

INFOCriminal cases

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.

INFOCriminal cases

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 During Opening will consider allowing additional time for opening statements only in special Statements circumstances (for example, multiple defendants).

INFOCivil cases

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.