Judge Rodney Gilstrap
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Upon request
Stipulation Of Dismissal, Notice Of Dismissal
- 1 copy • Upon Filing
Adjournments
- Notice must be filed within 3 days of learning of relevant determination
Communication
All
Juror
Social Media
Juror
Page & Word Limits8 rules
Machine summary. Not checked yet.Mandatory?
a. A Motion to Strike shall not exceed twelve pages, excluding attachments, unless leave of court is first obtained. Likewise, responses to such motions shall not exceed twelve pages, excluding attachments, unless leave of court is obtained first. Any reply or sur-reply brief to a Motion to Strike shall not exceed five pages, excluding attachments.
Summary: Motions to Strike limited to 12 pages (excluding attachments); responses limited to 12 pages; replies/sur-replies limited to 5 pages.
Motion To Strike
12 pages
Machine summary. Not checked yet.Mandatory?
b. If a side files more than one Motion to Strike, that side’s Motions to Strike shall not exceed 24 pages collectively, excluding attachments. Responses to such motions shall not exceed 24 pages collectively, excluding attachments. Reply briefs shall not exceed ten pages collectively, excluding attachments, and sur-reply briefs shall not exceed ten pages collectively, excluding attachments.
Summary: Multiple Motions to Strike limited to 24 pages collectively; responses limited to 24 pages; replies/sur-replies limited to 10 pages collectively.
Motion To Strike
24 pages
Machine summary. Not checked yet.Mandatory?
To the extent such certification reflects disagreement, the parties shall submit a joint letter containing not more than two (2) pages from each side (four pages total) to the Court within ten (10) days from the filing of the § 101 motion, setting forth their respective specifics surrounding such disagreement, including, in particular, any claim terms that the respondent believes need to be construed, why such is needed, and what intrinsic references support such position.
Summary: Joint letter limited to 2 pages per side (4 pages total) must be filed within 10 days of § 101 motion if certification reflects disagreement.
Joint Letter
4 pages
Machine summary. Not checked yet.Mandatory?
An opposed discovery related motion, or any response thereto, shall not exceed 7 pages. Attachments to a discovery related motion, or a response thereto, shall not exceed 5 pages. No further briefing is allowed absent a request or order from the Court.
Summary: Discovery motions and responses limited to 7 pages; attachments limited to 5 pages; no further briefing without court order.
Discovery Motion
7 pages
Applies to: Attorney
Attachments
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Counsel shall promptly notify the Court of the results of that meeting by filing a joint report of no more than 2 pages.
Summary: Joint report of meeting results limited to 2 pages.
Joint Report
2 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
limiting any motion or response to no more than 7 pages of briefing and 5 pages of attachments (all of which must comply with the spacing and type requirements of the Local Rules).
Summary: Discovery motions and responses are limited to 7 pages of briefing and 5 pages of attachments.
Brief
7 pages
Applies to: Attorney
Exhibits
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The opposing party may then file a response that is no more than three (3) pages long
Summary: Response to motion for leave is limited to 3 pages.
Response
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
the requesting party may file a three (3) page motion with the Court
Summary: Motion for leave to file more than one Motion to Strike per expert is limited to 3 pages.
Motion For Leave
3 pages
Applies to: Attorney
Document Filing Requirements43 rules
Checked and corrected to match the court's document on Oct 4, 2026Mandatory
Upon receiving a jury list, the commissioning party must immediately compare it with participant identities and notify the other parties and court of any prospective juror who participated in the study.
Upon receipt of any jury list, the party or parties who commissioned the study shall immediately cross-reference the jury list with the identities of the . participants and advise all other parties to the case and the court of any prospective juror who participated in any study.
Document Type
Jury List
Checked against the court's document on Oct 4, 2026Mandatory
Before jury selection, the commissioning party must provide the court in camera with all study participants’ names and addresses.
Before jury selection, the party or parties who commissioned the study shall provide the names and addresses of all participants in the study to the court in camera.
Document Type
Participant List
Checked against the court's document on Oct 4, 2026Mandatory
Eligibility Contentions must include a chart identifying each eligibility exception, its factual and legal basis, and any representative claims.
(1) A chart identifying each exception to eligibility (e.g., abstract idea, law of nature, and natural phenomenon) to which each Challenged Claim is directed and the factual and legal basis therefor. The chart shall also identify whether one or more of the Challenged Claims are representative of any other Challenged Claims.
Document Type
Eligibility Contentions
Checked against the court's document on Oct 4, 2026Mandatory
Eligibility Contentions must explain how each claim element, individually and in combination, was well understood, routine, and conventional in the relevant industry and provide the legal and factual basis.
(B) A description of how each element of each Challenged Claim, both individually and in combination with the other elements of that claim, was: (i) well understood; (ii) routine; and (iii) conventional, in the relevant industry at the relevant time, and the legal and factual basis therefor.
Document Type
Eligibility Contentions
Checked against the court's document on Oct 4, 2026Mandatory
Any amendment or supplementation of Eligibility Contentions outside the express allowance in section (c) requires court leave and good cause.
Amendment or supplementation of any “Eligibility Contentions,” other than as expressly permitted in section (c) of this Order, shall be made only upon leave of the Court, which shall not be granted except upon a showing of good cause.
Document Type
Eligibility Contentions
Checked against the court's document on Oct 4, 2026Mandatory
Eligibility Contentions must include a chart identifying any other factual or legal basis that the Challenged Claims are ineligible for patent protection.
(3) A chart identifying any other factual or legal basis for how the Challenged Claims are otherwise ineligible for patent protection.
Document Type
Eligibility Contentions
Checked against the court's document on Oct 4, 2026Mandatory
Eligibility Contentions must describe the relevant industry and provide the factual and legal basis for alleging that the claims were well understood, routine, and conventional in it.
(A) A description of the industry, at the relevant time, in which the Challenged Claims are alleged to be well understood, routine, and conventional, and the factual and legal basis therefor;
Document Type
Eligibility Contentions
Checked against the court's document on Oct 4, 2026Mandatory
The party challenging eligibility must produce or make available for inspection and copying all materials on which it relies when serving its Eligibility Contentions.
With the “Eligibility Contentions,” the party alleging that any Challenged Claim does not qualify as patent-eligible subject matter must produce or make available for inspection and copying all materials upon which that party seeks to rely.
Document Type
Eligibility Contentions
Checked against the court's document on Oct 4, 2026Important
The Court strongly discourages mock jury studies involving participants who reside in the division where the case is pending.
That in all cases assigned to United States District Judge Rodney Gilstrap or United States Magistrate Judge Roy S. Payne, the Court strongly discourages the parties from conducting mock jury trials, focus groups, or other similar studies in which any mock jurors or similar participants reside in the division where the case is pending.
Document Type
Mock Jury Study
Machine summary. Not checked yet.Mandatory?
The Court ORDERS the Plaintiff in each civil case file a notice that the case is ready for scheduling conference when all of the Defendants have either answered or filed a motion to transfer or dismiss. The notice shall be filed within five days of the last remaining Defendant’s answer or motion. 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: Plaintiff must file a notice of readiness for scheduling conference within five days of last defendant's answer or motion, including list of pending motions; patent cases require additional content.
Document Type
Notice Of Readiness For Scheduling Conference
Machine summary. Not checked yet.Mandatory?
Leave to call live witnesses at claim construction hearings before this Court may be sought—by a party that has otherwise complied with the Court's rules—by filing a motion supported by a clear showing of good cause presented in detail. Such motions must also be filed in a timely manner that do not work a surprise or hardship upon opposing parties, their counsel, or the Court.
Summary: A motion for leave to call live witnesses at claim construction hearings must show good cause in detail and be filed timely to avoid surprise or hardship.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
without prior leave of this Court permitting a party to call witnesses as a part of any claim construction hearing (in person or by deposition), such live testimony will not be permitted at claim construction hearings before this Court. Without such leave, witness testimony for the purposes of claim construction shall be submitted solely by way of exhibits, such as sworn declarations, attached to a party's claim construction briefing.
Summary: Live witness testimony at claim construction hearings is prohibited without prior leave; otherwise, witness testimony must be submitted via exhibits (sworn declarations) attached to claim construction briefing.
Document Type
Claim Construction Briefing
Machine summary. Not checked yet.Mandatory?
All attorneys, parties, and their respective employees and agents, including jury consultants, are prohibited from conducting or causing another to conduct a 'vexatious or harassing' investigation of any juror or potential juror.
Summary: Prohibits vexatious or harassing investigation of jurors
Document Type
Jury Investigation
Machine summary. Not checked yet.Mandatory?
counsel in every case shall ensure that the following are made aware of this Order and its prohibitions not later than 30 days prior to jury selection:
Summary: Requires notifying relevant parties of this order 30 days before jury selection
Document Type
Jury Investigation
Machine summary. Not checked yet.Mandatory?
the parties shall file such dismissal papers styled as one of the following: 1) a Motion to Dismiss Pursuant to Rule 41(a)(2), with an accompanying proposed Order; or 2) a Stipulation of Dismissal Pursuant to Rule 41(a)(1)(A)(ii), signed by all parties who have appeared; or 3) a Notice of Dismissal Pursuant to Rule 41(a)(1)(A)(i)¸ in which the plaintiff affirmatively represents that the defendant has not served upon the plaintiff either an answer or a motion for summary judgment. Such parties shall not, under any circumstances, file their attempt at dismissal styled merely as a “Notice.”
Summary: Dismissal papers must be styled as one of three specified types and cannot be filed as a mere 'Notice'.
Document Type
Dismissal Papers
Machine summary. Not checked yet.Mandatory?
a Motion to Dismiss Pursuant to Rule 41(a)(2), with an accompanying proposed Order
Summary: A Motion to Dismiss under Rule 41(a)(2) must include a proposed order.
Document Type
Motion To Dismiss Rule 41 A 2
Machine summary. Not checked yet.Mandatory?
In the contentions of the Parties included in the Joint Pretrial Order, the Plaintiff shall specify all allegedly infringed claims that will be asserted at trial. The Plaintiff shall also specify the nature of each theory of infringement, including under which subsections of 35 U.S.C. § 271 it alleges infringement, and whether the Plaintiff alleges divided infringement or infringement under the doctrine of equivalents. Each Defendant shall indicate the nature of each theory of invalidity, including invalidity for anticipation, obviousness, subject-matter eligibility, written description, enablement, or any other basis for invalidity. The Defendant shall also specify each prior art reference or combination of references upon which the Defendant shall rely at trial, with respect to each theory of invalidity.
Summary: Joint Pretrial Order must contain detailed contentions from plaintiff and defendant regarding infringement and invalidity.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
the Parties shall file an exhibit to their Joint Pretrial Order setting forth a list identifying all docket entries from the lead case that relate to the specific member case which is proceeding to trial.
Summary: Parties must file an exhibit to the Joint Pretrial Order listing lead-case docket entries for the member case going to trial.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
All future submissions of proposed docket control orders in such consolidated cases, either initial or amended, shall include the following amended language (in bold, italicized font below) in the section thereof entitled 'Joint Pretrial Order':
Summary: Proposed docket control orders must include specific language in the Joint Pretrial Order section.
Document Type
Proposed Docket Control Order
Machine summary. Not checked yet.Mandatory?
parties seeking to file pre-Markman hearing dispositive motions under 35 U.S.C. § 101 (that is: prior to entry of the Court’s claim construction order) shall include, as a part of such motions, the following certification, completed and signed as follows and as may be appropriate in such case: CERTIFICATE OF COMPLIANCE WITH THE COURT’S 35 U.S.C. § 101 MOTION PRACTICE ORDER _____ The parties agree that prior claim construction is not needed to inform the Court’s analysis as to patentability. _____ The parties disagree on whether prior claim construction is not needed to inform the Court’s analysis as to patentability. /S/ Lead Counsel for Movant
Summary: Pre-Markman § 101 motions must include a signed Certificate of Compliance with checkboxes indicating agreement or disagreement on need for claim construction.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
To the extent such certification reflects disagreement, the parties shall submit a joint letter containing not more than two (2) pages from each side (four pages total) to the Court within ten (10) days from the filing of the § 101 motion, setting forth their respective specifics surrounding such disagreement, including, in particular, any claim terms that the respondent believes need to be construed, why such is needed, and what intrinsic references support such position.
Summary: If certification reflects disagreement, parties must submit a joint letter within 10 days of filing the § 101 motion, setting forth specifics of disagreement.
Document Type
Joint Letter
Machine summary. Not checked yet.Mandatory?
promptly upon the settlement in principle of any case pending before this Court, whether such settlement is reached by formal mediation, privately between the parties or otherwise, the parties shall jointly file a motion with the Court styled as follows: Joint Motion To Stay All Deadlines and Notice of Settlement. Such joint motion shall affirmatively state that all matters in controversy between the parties have been settled, in principle, and shall request that the Court stay for some specific and reasonable period of time the unreached deadlines contained in the Court’s Docket Control Order, or stay the entry of a Docket Control Order if one has yet to be entered, so that appropriate dismissal papers may be submitted.
Summary: Parties must jointly file a 'Joint Motion To Stay All Deadlines and Notice of Settlement' promptly upon settlement, stating that all matters are settled and requesting a stay of deadlines.
Document Type
Joint Motion To Stay All Deadlines And Notice Of Settlement
Machine summary. Not checked yet.Mandatory?
if the parties have legitimate disputes on which they cannot agree, they shall file a motion—in accordance with Local Rule CV-54—indicating their areas of disagreement with specificity.
Summary: If parties cannot agree on bill of costs, they must file a motion specifying areas of disagreement.
Document Type
Motion For Bill Of Costs
Not confirmed. Read the court's wording below.Mandatory?
Each patent shall be identified by its number, country of origin, and date of issue.
Summary: Each relied-upon patent must be identified by number, country of origin, and issue date.
Document Type
Eligibility Contentions
Not confirmed. Read the court's wording below.Mandatory?
All other materials that are alleged to show that the invention set forth in the Challenged Claims was otherwise available to the public, shall be identified by specifying the form and nature of the materials, the manner in which the materials were made public, and the date on which the materials were made public.
Summary: Other materials alleged to show public availability must be identified by their form and nature, how they were made public, and the date they became public.
Document Type
Eligibility Contentions
Not confirmed. Read the court's wording below.Mandatory?
Each publication must be identified by its title and where feasible, date of publication, author, and publisher.
Summary: Each relied-upon publication must be identified by title and, where feasible, publication date, author, and publisher.
Document Type
Eligibility Contentions
Not confirmed. Read the court's wording below.Mandatory?
Evidence of public usage or sales shall be identified by specifying the item offered for sale or publicly used, or information known, the date the offer or use took place or the information became known, and the identity of the person or entity which made the use or which made and received the offer, or the person or entity which ===== PAGE 2 ===== made the information known and to whom it was made known.
Summary: Evidence of public use or sales must identify the item or information, the relevant date, and the persons or entities involved in the use, offer, or disclosure.
Document Type
Eligibility Contentions
Not confirmed. Read the court's wording below.Mandatory?
To the extent any of the aforementioned materials are not in English, an English translation of the portion(s) relied upon must be produced.
Summary: An English translation of any relied-upon portions of non-English materials must be produced.
Document Type
Eligibility Contentions
Machine summary. Not checked yet.Mandatory?
Except for requests to redact information referenced in Fed. R. Civ. P. 5.2(a), requests to seal or protect information after its public disclosure at a hearing or trial must, in addition to the preceding requirements, show good cause why the motion was not made in advance of the disclosure.
Summary: Post-disclosure sealing requests must show good cause for not requesting earlier, except for Rule 5.2(a) redactions.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Any such request must demonstrate: a) that the information sought to be protected is of such a sensitive nature that its disclosure creates a risk of harm that outweighs the strong presumption in favor of public access to judicial proceedings; and b) that the parties have met and conferred in good faith concerning the manner in which the sensitive information will be presented at the hearing or at trial, with the goal of minimizing the need to seal the record and the courtroom.
Summary: Requests to seal must demonstrate that the information's sensitivity outweighs the presumption of public access and that parties have conferred to minimize sealing.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
IT IS ORDERED THAT, once a party in a case presently before this Court becomes aware of a determination elsewhere from a related proceeding by an adjudicating body that the party reasonably believes is materially relevant to a pending motion before this Court, that party shall promptly provide notice of such relevant determination and identification of the related motion(s) by filing a formal notice with the Court within three (3) days.
Summary: Parties must file notice within 3 days of learning of relevant determinations from related proceedings
Document Type
Formal Notice
Not confirmed. Read the court's wording below.Important?
The party or parties who commission the study shall retain, to the extent practicable, the name and address of each participant in the study.
Summary: Parties commissioning a study must retain each participant’s name and address to the extent practicable.
Document Type
Mock Jury Study
Machine summary. Not checked yet.Important?
Each questionnaire shall, unless otherwise approved by the Court, contain all the General Questions shown in the attached template in the form and wording presented therein.
Summary: Each questionnaire must contain all General Questions from the template exactly as worded.
Document Type
Juror Questionnaire
Machine summary. Not checked yet.Important?
Each questionnaire to be used in any civil case that includes allegations of patent infringement shall, unless otherwise approved by the Court, contain all the Patent Questions shown in the attached template in the form and wording presented therein. The Patent Questions shall follow the General Questions.
Summary: In patent cases, questionnaires must include all Patent Questions from the template exactly as worded, placed after General Questions.
Document Type
Juror Questionnaire
Machine summary. Not checked yet.Important?
Juror questionnaires shall substantially follow the template set forth in Exhibit A attached hereto.
Summary: Juror questionnaires must substantially follow the template in Exhibit A.
Document Type
Juror Questionnaire
Machine summary. Not checked yet.Important?
Each questionnaire shall, unless otherwise approved by the Court, contain the Last Question and Signature as shown in the attached template in the form and wording presented therein. Such shall be the last included component of any questionnaire.
Summary: Each questionnaire must include the Last Question and Signature from the template as the last component.
Document Type
Juror Questionnaire
Machine summary. Not checked yet.Important?
Other filings (such as and for example only--a mere notice of settlement) shall not be adequate to comply with this order or to secure a stay of existing deadlines.
Summary: A mere notice of settlement or other non-compliant filings are not adequate to comply with the settlement notification order.
Document Type
Notice Of Settlement
Not confirmed. Read the court's wording below.Important?
Each party’s “Eligibility Contentions,” shall be deemed to be that party’s final contentions, except as set forth below.
Summary: Each party’s Eligibility Contentions are final except as provided for amended contentions in the order.
Document Type
Eligibility Contentions
Machine summary. Not checked yet.Important?
within 72 hours each party's lead attorney and local counsel must confer again, without the involvement or participation of other attorneys, in an effort to resolve the dispute without court intervention and then file a joint report.
Summary: After a hearing is set, lead and local counsel must confer within 72 hours and file a joint report.
Document Type
Joint Report
Machine summary. Not checked yet.Note?
The Court recognizes the critical role that informed jury selection plays in any jury trial. The Court recognizes the duty imposed on diligent parties to secure as much useful information as possible about venire members, acting within the ethical and legal parameters of our profession.
Summary: Recognizes duty to gather information about jurors within ethical bounds
Document Type
Jury Investigation
Machine summary. Not checked yet.Note?
Any change to a party's lead attorney designation must be accomplished by motion and order.
Summary: Change of lead attorney requires a motion and order.
Document Type
Motion
Machine summary. Not checked yet.Note?
changes to the lead attorney designation must be accomplished by motion and order.
Summary: Changes to lead attorney designation require a motion and court order.
Document Type
Motion
Machine summary. Not checked yet.Note?
should a party to a pending motion for stay before this Court that is based on a petition for Inter Partes Review, Covered Business Method Review, or Post Grant Review learn of a decision by the Patent Trial and Appeal Board ("PTAB") granting or denying the petition upon which the request for stay has been made, that party should notify this Court within three (3) days of learning of the same.
Summary: Example: Notify court within 3 days of PTAB decision on IPR/CBM/PGR petitions related to stay motions
Document Type
Formal Notice
Filing & Service rules
Filing Timing and Cure Windows
If the case is not otherwise disposed of, the commissioning party must notify all other parties and the court in writing that the study occurred at least 10 days before the pretrial conference.
If the case is not disposed of by settlement or otherwise, ===== PAGE 2 ===== the party or parties who commissioned the study shall advise all other parties to the case, as well as the court, in writing, that such a study occurred. Such notice shall be provided at least ten (10) days before the pre-trial conference.
Checked and corrected to match the court's document on Oct 4, 2026
Notice of readiness must be filed within five days of last defendant's answer or motion.
The notice shall be filed within five days of the last remaining Defendant’s answer or motion.
Machine summary. Not checked yet. · Civil cases
Page 1 | STANDING ORDER REGARDING READINESS FOR SCHEDULING CONFERENCE
Parties must contact the Deputy Clerk in advance of the venire panel being summoned to allow time for printing and inclusion in summons mailing; failure forfeits the opportunity.
Parties desiring to avail themselves of the benefits of using a juror questionnaire shall contact the Deputy Clerk in Charge for the Division where the case is pending in advance of the venire panel being summoned and in time to allow the Deputy Clerk in Charge for such Division to print and include such questionnaires in the mailing of summons for jury service. Failure to fully accommodate the deadlines and directives of the Deputy Clerk in Charge shall forfeit any party’s opportunity to employ a juror questionnaire.
Machine summary. Not checked yet. · Civil cases
Page 2 | STANDING ORDER REGARDING USE OF JUROR QUESTIONNAIRES IN ADVANCE OF VOIR DIRE
Proposed questionnaires must be delivered by the date in the Docket Control Order, or at least 4 weeks before jury selection if not specified.
Proposed juror questionnaires shall be delivered to the Deputy Clerk in Charge at the time and date as provided in the then-operative Docket Control Order in each case. Should any Docket Control Order not otherwise specify a date by which a questionnaire is to be submitted, then such questionnaire shall be delivered to the Deputy Clerk in Charge at least four weeks prior to jury selection.
Machine summary. Not checked yet. · Civil cases
Page 2 | STANDING ORDER REGARDING USE OF JUROR QUESTIONNAIRES IN ADVANCE OF VOIR DIRE
Clerk will reject pre-Markman § 101 motions that do not comply with the certification process.
The clerk shall reject the filing of such pre-Markman motions when this certification process has not been met.
Machine summary. Not checked yet. · Civil cases
Page 2 | STANDING ORDER REGARDING MOTIONS UNDER 35 U.S.C. § 101 AND ACCOMPANYING CERTIFICATIONS IN CASES ASSIGNED TO UNITED STATES DISTRICT JUDGE RODNEY GILSTRAP
Dismissal papers must be submitted within 30 days of settlement, unless the court grants a longer period.
In most cases the Court will not afford more than thirty (30) days in which to submit dismissal papers but in exceptional cases the Court may grant a longer period for such submission.
Machine summary. Not checked yet.
Page 1 | STANDING ORDER REGARDING PROPER NOTIFICATION OF SETTLEMENT TO THE COURT
Requests to seal confidential information must be made before public disclosure.
Requests to seal or otherwise protect certain information of a confidential and/or proprietary nature from public disclosure during a hearing or trial should be made before the public disclosure of the information.
Machine summary. Not checked yet. · Civil cases
Page 1 | Standing Order
Limine stipulations must be filed at least 48 hours before the pretrial conference.
Without leave, any such limine stipulation must be filed not later than 48 hours prior to the beginning of the pre-trial conference.
Machine summary. Not checked yet. · Civil cases
Page 1 | footnote 2
Joint report must be filed by earlier of 48 hours after meeting or 24 hours before hearing.
Such joint report shall be filed by the earlier of 48 hours following that meeting or 24 hours before said hearing.
Machine summary. Not checked yet. · Civil cases
Page 2 | Standing Order Regarding Meet and Confer Obligations Relating to Discovery Disputes
Response to motion for leave must be filed at least one week before Motions to Strike are due.
which is due at least one week before the Motions to Strike are due
Machine summary. Not checked yet. · Civil cases
Page 1 | STANDING ORDER ON THE NUMBER OF MOTIONS TO STRIKE EXPERT TESTIMONY (INCLUDING DAUBERT MOTIONS) FILED IN CIVIL CASES ASSIGNED TO JUDGE RODNEY GILSTRAP IN THE MARSHALL AND TEXARKANA DIVISIONS
Motion for leave must be filed at least two weeks before Motions to Strike are due.
the requesting party may file a three (3) page motion with the Court at least two weeks before the Motions to Strike are due under the Docket Control Order
Machine summary. Not checked yet. · Civil cases
Page 1 | STANDING ORDER ON THE NUMBER OF MOTIONS TO STRIKE EXPERT TESTIMONY (INCLUDING DAUBERT MOTIONS) FILED IN CIVIL CASES ASSIGNED TO JUDGE RODNEY GILSTRAP IN THE MARSHALL AND TEXARKANA DIVISIONS
Unopposed motion for leave must be filed at least two weeks before Motions to Strike are due.
Any such motion is due at least two weeks before the Motions to Strike are due.
Machine summary. Not checked yet. · Civil cases
Page 2 | STANDING ORDER ON THE NUMBER OF MOTIONS TO STRIKE EXPERT TESTIMONY (INCLUDING DAUBERT MOTIONS) FILED IN CIVIL CASES ASSIGNED TO JUDGE RODNEY GILSTRAP IN THE MARSHALL AND TEXARKANA DIVISIONS
Service and Proof of Service Rules
A party challenging patent eligibility must serve its Eligibility Contentions on all parties within 45 days after receiving the specified infringement disclosures.
No later than 45 days after receiving service of the “Disclosure of Asserted Claims and Infringement Contentions,” each party alleging that any asserted claim does not qualify as patent- eligible subject matter (“Challenged Claim”) shall serve on all parties its “Eligibility Contentions,” which must contain the following information:
Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases
A party may serve Amended Eligibility Contentions without leave no later than 50 days after service of the Claim Construction Ruling if either stated condition is met.
Not later than 50 days after service by the Court of its Claim Construction Ruling, each party may serve “Amended Eligibility Contentions” without leave of court, if: (1) a party claiming patent infringement has served “Amended Infringement Contentions” pursuant to P.R. 3-6(a), or . (2) the party challenging subject-matter eligibility believes in good faith that the Court’s Claim Construction Ruling so requires.
Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases
Courtesy Copy Requirements
Courtesy paper copies are not required unless specifically requested by the judge.
In cases pending before the Honorable Rodney Gilstrap, the parties are exempt from complying with Local Rule CV-5(a)(9) which requires the filing party to provide the presiding judge with paper copies of all electronically-filed documents over five pages in length. IT IS ORDERED that courtesy paper copies shall only be filed when specifically requested by the undersigned.
Machine summary. Not checked yet. · Civil cases
Page 1 | EXEMPTION ORDER TO LOCAL RULE CV-5(a)(9)
Courtesy copy required for dismissal filings other than a Motion to Dismiss under Rule 41(a)(2); no courtesy copy required for such motions.
Should the parties elect, within the applicable circumstances, to seek dismissal in any manner other than (1) above [a Motion to Dismiss Pursuant to Rule 41(a)(2)], they shall simultaneously deliver a courtesy copy of their filing to the Chambers of this Court. Attempts at dismissal by means of a Motion to Dismiss Pursuant to Rule 41(a)(2) shall not require that a courtesy copy be delivered to Chambers.
Machine summary. Not checked yet. · Civil cases
Page 1 | Standing Order Regarding Dismissal Papers
Sealing & Redaction Procedures
Sealing requests must be made before public disclosure of the information at a hearing or trial.
The above standing order makes clear that requests to seal or otherwise protect information from public disclosure during a hearing or trial should be made before the public disclosure of the information.
Machine summary. Not checked yet. · Civil cases
Page 4 | When Should the Request Be Made?
Sealing requests must demonstrate (a) sensitive nature with risk of harm outweighing public access, and (b) advance meet-and-confer on presentation to minimize sealing.
any such request must demonstrate: a) that the information sought to be protected is of such a sensitive nature that its disclosure creates a risk of harm that outweighs the strong presumption in favor of public access to judicial proceedings; and b) that the parties have met and conferred in advance and in good faith concerning the manner in which the sensitive information will be presented at the hearing or at trial, with the goal of minimizing the need to seal the record and the courtroom.
Machine summary. Not checked yet. · Civil cases
Page 4 | What Are the Standards for Sealing/Redaction?
Post-disclosure sealing requests are allowed but must show good cause for not requesting in advance; otherwise denied.
Requests to seal or protect information after its public disclosure at a hearing or trial are not prohibited, but must, in addition to the normal requirements, show good cause why the motion was not made in advance of the disclosure. Failing a clear showing of good cause such requests should be denied.
Machine summary. Not checked yet. · Civil cases
Page 4 | When Should the Request Be Made?
Pre-Motion Conference Requirements
Lead counsel must meet and confer one-on-one before filing a pre-Markham § 101 motion.
The meet and confer process required in advance of properly making the above certification to the Court shall require one-on-one communication. As used herein, the term “one-on-one” communication shall mean that lead counsel for both sides shall diligently communicate orally and directly with each other (in person or telephonically) with no others advising, interjecting, or otherwise participating in such communication.
Machine summary. Not checked yet. · Civil cases
Page 1 | STANDING ORDER REGARDING MOTIONS UNDER 35 U.S.C. § 101 AND ACCOMPANYING CERTIFICATIONS IN CASES ASSIGNED TO UNITED STATES DISTRICT JUDGE RODNEY GILSTRAP
Before filing a Motion for Bill of Costs, parties must submit proposed bill to opposing counsel, meet and confer, and attempt to agree; if no agreement, file motion specifying disagreements.
before any party files a Motion for Bill of Costs, they should submit their proposed bill of costs to opposing counsel for their review in light of the applicable law. Further, if there are any areas of disagreement the parties shall meet, confer, and be prepared to compromise, making every effort to submit an “agreed” bill of costs to the Court.
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Page 1 | STANDING ORDER REGARDING BILLS OF COSTS
Pre-filing conference required under Local Rule CV-7(h)/(i); additional lead attorney conference within 72 hours of hearing setting; lead attorney must attend hearing unless excused.
Prior to filing any discovery related motion, the parties must fully comply with the substantive and procedural conference requirements of Local Rule CV-7(h) and (i). Within 72 hours of the Court setting any discovery motion for a hearing, each party's lead attorney (see Local Rule CV-11(a)) and local counsel shall meet and confer in person or by telephone, without the involvement or participation of other attorneys, in an effort to resolve the dispute without Court intervention. Unless excused by the Court, each party's lead attorney shall attend any discovery motion hearing set by the Court (though the lead attorney is not required to argue the motion).
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Page 1 | Standing Order Regarding Meet and Confer Obligations Relating to Discovery Disputes
No further briefing (reply, sur-reply) on discovery motions without court order.
No further briefing is allowed absent a request or order from the Court.
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Page 1 | Standing Order Regarding Meet and Confer Obligations Relating to Discovery Disputes
A personal conference between lead and local counsel is required before filing any discovery motion.
the order still requires a personal conference between lead and local counsel before the filing of any discovery related motion
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Page 3 | Alternatives to the In-Person Conference Requirement for Discovery Disputes
To file more than one Motion to Strike per expert, party must meet-and-confer, then file a motion for leave (3 pages) at least two weeks before due date; opposition response (3 pages) due at least one week before; unopposed motions also require leave.
If a party wishes to file more than one Motion to Strike per expert, it must first meet-and-confer with opposing counsel in accordance with L.R. CV-7(h). If opposing counsel opposes the request, the requesting party may file an opposed motion seeking leave of the Court to exceed the limits imposed by this Standing Order. More specifically, the requesting party may file a three (3) page motion with the Court at least two weeks before the Motions to Strike are due under the Docket Control Order setting forth its basis to exceed the limits set forth in this Standing Order. The opposing party may then file a response that is no more than three (3) pages long which is due at least one week before the Motions to Strike are due. If opposing counsel does not oppose the request, the requesting party must still obtain leave of court via an unopposed motion to exceed the limits laid out in this Standing Order which the Court will consider and act upon as the particular facts and circumstances in the case warrant. Any such motion is due at least two weeks before the Motions to Strike are due.
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Page 1 | STANDING ORDER ON THE NUMBER OF MOTIONS TO STRIKE EXPERT TESTIMONY (INCLUDING DAUBERT MOTIONS) FILED IN CIVIL CASES ASSIGNED TO JUDGE RODNEY GILSTRAP IN THE MARSHALL AND TEXARKANA DIVISIONS
Each side may propose up to five motions in limine at the Pretrial Conference.
each side will be permitted to propose and argue (if opposed) up to, but not more than, five (5) of each sides’ own motions in limine at the Pretrial Conference.
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Page 1 | Introduction
Adjournment & Extension Requirements
Notice must be filed within 3 days of learning of relevant determination
that party shall promptly provide notice of such relevant determination and identification of the related motion(s) by filing a formal notice with the Court within three (3) days.
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Page 1 | STANDING ORDER
Chambers Communication Rules
Prohibits communication with jurors or potential jurors except during official proceedings
All attorneys, parties, and their respective employees and agents, including jury consultants, are prohibited from communicating with or causing another to communicate with in any way, directly or indirectly (including through any non-lawyers or lawyers, connected to the case or not), any juror or potential juror or family members of such individuals, except in the course of official proceedings in this case.
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Page 1 | Rule 1
Prohibits sending access requests to jurors' social media accounts
All attorneys, parties, and their respective employees and agents, including jury consultants, are prohibited from personally or through another sending an access request to the electronic social media ('ESM') platform of any juror or potential juror, including for example a friend request, follow request, or similar access request.
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Page 2 | Rule 3