Court Rules
Judge K. Nicole Mitchell
Magistrate Judge

Judge K. Nicole Mitchell

Individual Rules, Standing Orders & Policies

Rules last changed:
Eastern District of Texas

Limits & Logistics

Courtesy Copies

Exhibits

  • Upon Filing

Binding: Three Ring Binder

Exhibits, Exhibit List

  • 1 copy

Markman Brief, Case Dispositive Motion

  • 1 copy • Upon Filing

Communication

Phone

Chambers

Scheduling
No status inquiries
Filters:AllMandatoryImportantFormattingMemorandaExhibitsTRO/InjunctionJuryCourtroom ConductPage LimitsOral Argument

Page & Word Limits1 rule

Page Limits

Machine summary. Not checked yet.Important?

Finally, the Court requests that the parties be judicious in their requests to exceed the page limits provided for in the local rules. In this Court, less is better.

Summary: Be judicious in exceeding page limits; brevity preferred.

Document Format Requirements2 rules

FormattingCivil cases

Machine summary. Not checked yet.Important?

e. Individually numbered pages.

Summary: Briefs must have individually numbered pages.

Social Security Standing Order · p. 1
|SecSTANDING ORDER FOR SOCIAL SECURITY ACTIONS UNDER 42 U.S.C. § 405(g)
Formatting

Machine summary. Not checked yet.Important?

If exhibits are voluminous, original exhibits should be placed in folders properly labeled with Exhibit Number in a standard-sized box with handles.

Summary: Voluminous exhibits must be organized in labeled folders within a standard box with handles.

KNM Trial Procedure · p. 1
|SecExhibits and Exhibit Lists

Document Filing Requirements9 rules

Filing Requirements

Machine summary. Not checked yet.Mandatory?

Please stand when the jury enters or leaves the courtroom.

Summary: Stand when jury enters or leaves courtroom.

Document Type

Courtroom Procedure

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Counsel shall stand when addressing the Court. Further, when questioning witnesses or arguing to the Court or jury, counsel should do so from the podium and approach the witness stand or jury box only with the Court=s permission.

Summary: Counsel must stand when addressing the Court and use podium unless given permission.

Document Type

Courtroom Procedure

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Speaking objections are prohibited. Counsel should simply state the objection and the basis for the objection without argument, i.e., AObjection. Hearsay,@ or AObjection. Leading.@

Summary: Speaking objections prohibited; state objection and basis only.

Document Type

Objection

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

briefing filed before the court shall include the following: a. A statement of the exact issues presented for review, set forth in separate numbered paragraphs. b. A statement of the case. This statement should indicate, briefly, the course of the proceeding and its disposition at the administrative level and should set forth a general statement of the facts. This statement of the facts shall include plaintiff’s age, education, and work experience; an outline of the medical evidence; and a brief summary of other evidence of record. Each statement of fact shall be supported by a reference to the page in the record where the evidence may be found. c. An argument. The argument may be preceded by a summary. The argument shall be divided into sections separately treating each issue and must set forth the contentions of plaintiff with respect to the issues presented and reasons therefor. Each contention must be supported by specific reference to the portion of the record relied upon and by citations to statutes, regulations, and cases supporting plaintiff’s position. Cases from other districts and circuits should be cited only in conjunction with relevant cases from this jurisdiction or if authority on point from this jurisdiction does not exist. Citations to unreported district court opinions must be accompanied by a copy of the opinion. If plaintiff has moved for remand to the Secretary for further proceedings, the argument in support thereof must set forth good cause for remand. Furthermore, if the remand is for the purpose of taking additional evidence, such evidence must be attached to the brief, or, if such evidence is in the form of a consultation examination sought at government expense, plaintiff must make a proffer of the nature of the evidence anticipated to be obtained. d. A short conclusion stating the relief sought. The issues before the court are limited to the exact issues properly raised in the briefs. Any issue raised in the briefs but not discussed at oral argument, if one is held, will be deemed abandoned. e. Individually numbered pages.

Summary: Briefs must include a statement of issues, statement of case, argument, conclusion, and individually numbered pages.

Document Type

Brief

Content & Formatting
Statement Of Facts
Legal Argument
Social Security Standing Order · p. 1
|SecSTANDING ORDER FOR SOCIAL SECURITY ACTIONS UNDER 42 U.S.C. § 405(g)
Filing Requirements

Machine summary. Not checked yet.Mandatory?

parties shall re-file a complete Docket Control Order in every instance where a motion to modify/amend a Docket Control Order is granted. The amended Docket Control Order shall incorporate the modified deadline(s) in addition to the deadlines that remain unchanged.

Summary: When a motion to modify/amend a Docket Control Order is granted, the party must re-file a complete Docket Control Order that includes both modified and unchanged deadlines.

Document Type

Amended Docket Control Order

Specific requirements detailed in rule text.
KNM Order re Motion to Modify DCO · Oct 2013 · p. 1
|SecORDER REGARDING MOTIONS TO MODIFY/AMEND DOCKET CONTROL ORDERS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Title 42 U.S.C. §405(g) provides in pertinent part that "as part of the Commissioner's answer, the Commissioner of Social Security shall file a certified copy of the transcript of the record including the evidence upon which the findings and decision complained of are based."

Summary: Commissioner must file certified transcript as attachment to answer in Social Security cases

Document Type

Answer

Content & Formatting
Exhibit List
KNM SS transcript standing order (JE) · Oct 2015 · p. 1
|SecORDER REGARDING FILING OF SOCIAL SECURITY TRANSCRIPTS
Filing Requirements

Machine summary. Not checked yet.Important?

Counsel are encouraged to make every effort to resolve discovery issues without the necessity of Court intervention. The Court looks with disfavor on discovery motions, unless they are of substantial import and the parties have worked diligently to resolve them by agreement.

Summary: Discovery motions discouraged unless substantial and parties tried to resolve.

Document Type

Discovery Motion

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

The notice shall include a list of any pending motions. For patent cases, the notice shall also include: (1) a list of any related cases previously filed in the Eastern District of Texas involving the same patent or patents; (2) the patent numbers for this case and any related case; and (3) the dates of any future Markman Hearing and/or Trial for related cases.

Summary: Notice of readiness must include a list of pending motions; additional content required for patent cases.

Document Type

Notice

Specific requirements detailed in rule text.
KNM Standing Order of Readiness · Oct 2013 · p. 1
|SecStanding Order Regarding Readiness for Status Conference
Filing Requirements

Machine summary. Not checked yet.Note?

Counsel are encouraged to use jump cites in cases cited to the Court and to provide specific citations to the record.

Summary: Use jump cites and specific record citations in motions.

Document Type

Motion

Specific requirements detailed in rule text.

Filing & Service rules

Filing Timing and Cure Windows

Notice of readiness must be filed within five days of the last defendant's answer or motion.

The notice shall be filed within five days of the last remaining Defendant’s answer or motion in the case.

Machine summary. Not checked yet. · Civil cases

Page 1 | Standing Order Regarding Readiness for Status Conference

The deadline to answer or respond is stayed while the application for extension is pending with the clerk.

the deadline to answer or otherwise respond is stayed pending action by the clerk.

Machine summary. Not checked yet. · Civil cases

Page 1 | ORDER REGARDING MOTIONS FOR EXTENSIONS OF TIME TO ANSWER

Courtesy Copy Requirements

Courtesy paper copies are required only for Markman briefings and dispositive motions in patent cases before Judge Mitchell.

IT IS ORDERED that courtesy paper copies shall only be filed for Markman briefings and dispositive motions in patent cases unless specifically requested by the undersigned.

Machine summary. Not checked yet. · Civil cases

Page 1 | EXEMPTION ORDER TO GENERAL ORDER 04-16 RE COURTESY PAPER COPIES OF ELECTRONICALLY-FILED DOCUMENTS

One courtesy copy of exhibits and exhibit lists required at the beginning of trial or evidentiary hearing.

Each party should provide the Court with an original and one courtesy copies of exhibits and exhibit lists at the beginning of trial or evidentiary hearing.

Machine summary. Not checked yet.

Page 1 | Exhibits and Exhibit Lists

Courtesy copies must contain only relevant pages and be placed in notebook binders.

On the courtesy copy, parties are to provide only specific pages that pertain to the issues and the courtesy copy shall be placed in notebook binders for the Court's use.

Machine summary. Not checked yet.

Page 2 | Exhibits and Exhibit Lists

Adjournment & Extension Requirements

No further extensions beyond the 45-day total deadline unless good cause is shown.

no additional extensions of time will be granted after a party exhausts the forty-five day deadline absent a showing of good cause.

Machine summary. Not checked yet. · Civil cases

Page 1 | ORDER REGARDING MOTIONS FOR EXTENSIONS OF TIME TO ANSWER

Defendants must file an application to the clerk (not a motion) for extensions of time to answer, per Local Rule CV-12.

Defendants in every case shall first use the procedure set in place by Local Rule CV-12 regarding filing an Application for Extension of Time to Answer with the Clerk's office rather than filing a Motion for Extension of Time.

Machine summary. Not checked yet. · Civil cases

Page 1 | ORDER REGARDING MOTIONS FOR EXTENSIONS OF TIME TO ANSWER

Chambers Communication Rules

Contact Lisa Hardwick for scheduling matters, Judge Mitchell's law clerk for substantive matters.

Questions concerning scheduling matters in criminal and civil cases shall be directed to Lisa Hardwick. Questions concerning substantive matters in criminal or civil cases shall be directed to Judge Mitchell=s Law Clerk(s).

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Page 1 | Contacting Chambers

About United States Magistrate Judge K. Nicole Mitchell

**Magistrate Judge K. Nicole Mitchell** was sworn in as a United States Magistrate Judge for the Eastern District of Texas in the Tyler division on August 16, 2013. Her current term will expire on August 15, 2029. She has served as the National President of the Federal Magistrate Judges Association. Before her appointment, Judge Mitchell served as Chief Staff Attorney to United States District Judge Leonard Davis. Earlier in her career, she practiced at Fulbright & Jaworski. She was born and raised in Victoria, Texas. **Education** - Baylor University School of Law, J.D., 2006 (with honors) - Texas A&M University, M.A. - Texas A&M University, B.A. **Career** - Attorney, Fulbright & Jaworski - Chief Staff Attorney to U.S. District Judge Leonard Davis, Eastern District of Texas

**Courthouse:** William M. Steger Federal Building and United States Courthouse, 211 W. Ferguson, Room 300, Tyler, TX 75702 **Chambers:** Room 300 **Phone:** (903) 590-1077 **Fax:** (903) 590-1081 **Chambers Staff** - Courtroom Deputy: Lisa Hardwick - Law Clerk: Terri Good - Term Law Clerk: Natalie Drott

Common questions about Judge K. Nicole Mitchell's rules

Are courtesy copies required for Judge K. Nicole Mitchell?

Courtesy-copy rule applies for markman briefs and case dispositive motions. Details: 1 copy, delivery upon filing. Courtesy paper copies are required only for Markman briefings and dispositive motions in patent cases before Judge Mitchell.

View ruleSource: page 1, section EXEMPTION ORDER TO GENERAL ORDER 04-16 RE COURTESY PAPER COPIES OF ELECTRONICALLY-FILED DOCUMENTS

What must be included with courtroom procedure filings before Judge K. Nicole Mitchell?

The rule requires stand when addressing court and use podium unless permission. Counsel must stand when addressing the Court and use podium unless given permission.

View ruleSource: page 1, section Courtroom Procedures

What must be included with objection filings before Judge K. Nicole Mitchell?

The rule requires no argument, state basis only, and state objection only. Speaking objections prohibited; state objection and basis only.

View ruleSource: page 1, section Objections

How may parties contact Judge K. Nicole Mitchell's chambers?

The rule addresses phone communications with Judge K. Nicole Mitchell's chambers. Contact Lisa Hardwick for scheduling matters, Judge Mitchell's law clerk for substantive matters.

View ruleSource: page 1, section Contacting Chambers

How do I request an adjournment or extension before Judge K. Nicole Mitchell?

Advance notice is not fully stated in the structured details. Defendants must file an application to the clerk (not a motion) for extensions of time to answer, per Local Rule CV-12.

View ruleSource: page 1, section ORDER REGARDING MOTIONS FOR EXTENSIONS OF TIME TO ANSWER

When is a filing treated as filed before Judge K. Nicole Mitchell?

Notice of readiness must be filed within five days of the last defendant's answer or motion.

View ruleSource: page 1, section Standing Order Regarding Readiness for Status Conference
Complete rules summary for Judge K. Nicole Mitchell

Discovery motions discouraged unless substantial and parties tried to resolve.

Contact Lisa Hardwick for scheduling matters, Judge Mitchell's law clerk for substantive matters.

Counsel must stand when addressing the Court and use podium unless given permission.

Stand when jury enters or leaves courtroom.

Use jump cites and specific record citations in motions.

Speaking objections prohibited; state objection and basis only.

Be judicious in exceeding page limits; brevity preferred.

Notice of readiness must be filed within five days of the last defendant's answer or motion.

Notice of readiness must include a list of pending motions; additional content required for patent cases.

Briefs must include a statement of issues, statement of case, argument, conclusion, and individually numbered pages.

Briefs must have individually numbered pages.

Courtesy paper copies are required only for Markman briefings and dispositive motions in patent cases before Judge Mitchell.

Courtesy copies must contain only relevant pages and be placed in notebook binders.

Voluminous exhibits must be organized in labeled folders within a standard box with handles.

One courtesy copy of exhibits and exhibit lists required at the beginning of trial or evidentiary hearing.

When a motion to modify/amend a Docket Control Order is granted, the party must re-file a complete Docket Control Order that includes both modified and unchanged deadlines.

Commissioner must file certified transcript as attachment to answer in Social Security cases

The deadline to answer or respond is stayed while the application for extension is pending with the clerk.

Defendants must file an application to the clerk (not a motion) for extensions of time to answer, per Local Rule CV-12.

No further extensions beyond the 45-day total deadline unless good cause is shown.

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