Eastern District of Texas Document Filing Requirements

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Applies to

Jury list

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.

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Applies to

Participant list

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.

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Civil cases

Applies to

Eligibility contentions

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.

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Civil cases

Applies to

Eligibility contentions

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;

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Civil cases

Applies to

Eligibility contentions

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.

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Civil cases

Applies to

Eligibility contentions

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.

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Civil cases

Applies to

Eligibility contentions

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.

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Civil cases

Applies to

Eligibility contentions

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.

Checked against the court's document on Oct 4, 2026WARNING

Applies to

Mock jury study

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.

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Applies to

Exhibit list

For the purposes of the virtual hearing, LBR 9014(d)(2) is altered to require each party seeking to introduce exhibits to attach (separately) each of those designated exhibits to the exhibit list that is filed with the Court.

Summary: For virtual hearings, parties must attach each designated exhibit separately to the exhibit list filed with the Court.

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Applies to

General ?

Must include

mask requirement ?

All visitors, except a witness while testifying, and an attorney while examining a witness or making a statement to a jury, must wear an appropriate face mask or covering while inside the Sherman Courthouses in courtrooms, jury rooms, public hallways, public restrooms, and elevators, unless excused from this requirement by the judge.

Summary: All visitors must wear masks in Sherman Courthouses except witnesses testifying and attorneys examining witnesses or addressing juries.

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Applies to

General ?

Must include

mask requirement ?

For court employees and other tenants of the Sherman Courthouses who are fully vaccinated for COVID-191, the wearing of an appropriate face mask or covering while inside the Sherman Courthouses is required, unless excused from this requirement by the judge;

Summary: Fully vaccinated court employees and tenants must wear masks in Sherman Courthouses unless excused by judge.

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Applies to

General ?

Must include

mask requirement ?

For court employees and other tenants of the Sherman Courthouses who are not fully vaccinated, the wearing of an appropriate face mask or covering while inside the Sherman Courthouses is required, unless excused from this requirement by the judge;

Summary: Unvaccinated court employees and tenants must wear masks in Sherman Courthouses unless excused by judge.

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Applies to

General ?

Must include

personal mask supply ?

Persons entering the Sherman Courthouses, other than jurors, must supply their own face mask or covering;

Summary: All persons except jurors must bring their own masks when entering Sherman Courthouses.

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Applies to

General ?

Must include

social distancing ?

Each person must maintain appropriate distancing from others in the Sherman Courthouses, to include sitting at the location assigned by a member of the court staff. Each person must follow the instructions of the court staff and Court Security Officers to aid in maintaining distance in the Sherman Courthouses;

Summary: All persons must maintain social distancing and follow staff instructions in Sherman Courthouses.

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Applies to

General ?

Must include

hand sanitizer use ?

Each person must use the hand sanitizer furnished at the front door upon entering the Sherman Courthouses.

Summary: All persons must use hand sanitizer at front door when entering Sherman Courthouses.

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Applies to

Notice of settlement

Upon the settlement in principle of a case, the parties must promptly file a notice and joint motion entitled "Notice of settlement and joint motion to stay all deadlines."

Summary: Upon settlement in principle, parties must promptly file a notice and joint motion to stay all deadlines.

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Applies to

Notice of settlement ?

Filings that do not comply with this order, including by failing to state that all matters in controversy have in fact settled, will not secure a stay of existing deadlines or support a later request to reset missed deadlines or amend the scheduling order.

Summary: Non-compliant settlement filings will not secure a stay of deadlines or support later requests to reset missed deadlines.

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Civil cases

Applies to

Certificate of interested persons

Must include

certificate of interested persons

At the time of a party’s first appearance in any civil or miscellaneous action assigned to the undersigned (including following removal), the party must file as a standalone docket entry a signed certificate of interested persons that contains:

Summary: Certificate of interested persons required at first appearance in civil cases

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Civil cases

Applies to

Certificate of interested persons

Must include

supplemental certificate ?

A party must supplement its certificate of interested persons within ten business days of any changes to the information filed.

Summary: Certificate of interested persons must be supplemented within 10 business days of any changes

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Civil cases

Applies to

Certificate of interested persons

Must include

caption, judge name, case number ?

At the time of a party's first appearance in any civil or miscellaneous action assigned to the undersigned (including following removal), the party must file as a standalone docket entry a signed certificate of interested persons that contains: All information required by Federal Rule of Civil Procedure 7.1(a); and A complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case.

Summary: Parties must file a certificate of interested persons as a standalone docket entry at first appearance, containing FRCP 7.1(a) information and a complete list of financially interested entities.

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Civil cases

Applies to

Certificate of interested persons

A party must supplement its certificate of interested persons within ten business days of any changes to the information filed.

Summary: Parties must supplement their certificate of interested persons within ten business days of any changes.

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Applies to

Entry to courthouse ?

Must include

certificate of health ?

Any person who has tested positive for COVID-19 within the prior five (5) days is prohibited from entering the Courthouse during the CDC recommended quarantine and isolation period.

Summary: Persons who tested positive for COVID-19 within 5 days are prohibited from entering the Courthouse.

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Applies to

Entry to courthouse ?

Must include

hand sanitizer use ?

Each person must use the hand sanitizer furnished at the front door upon enterin the Courthouse;

Summary: All persons must use hand sanitizer at the front door upon entering the Courthouse.

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Applies to

General ?

Visitors and guests to the Courthouse are not per itted to bring any of the following items into the Courthouse without prior approval from a District or Magistrate Judge:

Summary: Visitors/guests prohibited from bringing certain items without judicial approval

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Applies to

General ?

(a) Liquids, aerosols, or gels. This includes bottles of water.

Summary: Liquids, aerosols, gels (including water bottles) prohibited

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Applies to

General ?

(b) Laser Lights / Pointers.

Summary: Laser lights/pointers prohibited

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Applies to

General ?

(c) Cigarette Lighters.

Summary: Cigarette lighters prohibited

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Applies to

General ?

(d) Vape pens.

Summary: Vape pens prohibited

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Applies to

Brief

Must include

statement of facts ?

With respect to motions for summary judgment and other dispositive motions, all briefs and memoranda must contain items (3), (4), (5), (6), (8), and (9) from the list below.

Summary: Briefs and memoranda for summary judgment and other dispositive motions must contain specified items (3), (4), (5), (6), (8), and (9).

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Applies to

Brief

Must include

table of contents, table of authorities ?

Any brief or memorandum that has more than ten (10) pages of argument must contain all the following items listed: (1) A table of contents setting forth the page number of each section, including all headings designated in the body of the brief or memorandum; (2) A table of citations of cases, statutes, rules, treatises, and other authorities, alphabetically arranged; (3) A short statement of the nature and stage of the proceeding; (4) A list of undisputed facts upon which the movant relies to demonstrate entitlement to the relief requested. The list shall contain only material facts that are not in dispute, and each fact shall be enumerated in a separately numbered sentence with reference to the evidentiary record; (5) A response by the opposing party to the movant's claimed undisputed material facts. Each response to the movant's list shall be designated as such and contain a specific numbered reply to each numbered sentence in the movant's list of claimed undisputed facts. The response shall consist of the single word "undisputed," the single word "disputed" followed by a specific reference to the evidentiary record, a short explanatory phrase such as "undisputed but not material," or "undisputed by context clarified in sentence ____ below." If the non-moving party needs more discovery as to a particular fact listed by the movant, such party must state exactly what discovery is required, from whom it is needed, and when the party proposes to complete such discovery. The non-movant may then list any additional material facts which are deemed to require denial of the motion, setting out each fact in a separate sentence with a citation to the evidentiary record; (6) The movant shall clearly set forth a statement of the issues to be ruled upon by the court and a short statement, supported by authority, of the standard of review for each issue. The non-movant need not list these issues in the response but may state other issues, such as affirmative defenses, that would justify denial of the motion; (7) A short summary of the argument; (8) The argument shall be divided under appropriate headings, succinctly setting forth separate points with citations to controlling statutes and/or cases which explain why the court should resolve the issues accordingly; (9) A short conclusion stating the precise relief sought.

Summary: Briefs or memoranda with more than 10 pages of argument must contain all nine listed items including table of contents, table of authorities, statement of proceeding, undisputed facts list, response to facts, issues statement, argument summary, argument with headings, and conclusion.

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Applies to

Pleading

Must include

ai disclosure ?

If a party utilizes AI to draft or assist in drafting a pleading, the party must include with the pleading a "Certificate of Generative Artificial Intelligence Usage." The certificate must disclose the use of AI and certify that the party has independently verified the accuracy of any portion of the document drafted or assisted by the tool. The party must further certify that the use of AI has not resulted in the disclosure of confidential or privileged information to an unauthorized party.

Summary: Parties using AI to draft pleadings must include a Certificate of Generative AI Usage disclosing AI use, verifying accuracy, and certifying no disclosure of confidential information.

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Applies to

Brief

Must include

exhibits ?

Any brief, memorandum, or motion that cites authorities not found in the United States Code, United States Supreme Court Reporter, Federal Reporter, Federal Appendix, Federal Supplement, Federal Rules Decisions, Southwestern Reporter, or Vernon’s Revised Texas Statutes and Codes Annotated should have attached as an appendix complete copies of such cases and the relevant portions of other non-case authorities.

Summary: Appendices required for non-standard authorities cited in briefs/memoranda/motions.

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Applies to

Motion

Must include

exhibits ?

Copies of any affidavits, deposition testimony, or other discovery referred to in the motion should also be contained in the appendix. All appendices should contain a paginated table of contents.

Summary: Appendices must include referenced affidavits/depositions and have paginated TOC.

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Applies to

Foreign language document

Any foreign language document offered by a party in a proceeding shall be accompanied by an English language translation and a certification signed by the translator that must be printed legibly or typed.

Summary: Foreign language documents must be accompanied by an English translation and a legible certification signed by the translator.

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Applies to

Motion to amend scheduling order ?

Must include

proposed order ?

A party seeking to amend the scheduling order should file a motion and attach a proposed scheduling order using deadlines that are business days consistent with the bolded instructions on the sample scheduling order form and following the format of the most recently entered scheduling order in that case.

Summary: Motions to amend scheduling order must include a proposed scheduling order and follow the format of the most recently entered scheduling order.

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Applies to

Joint pretrial order

The joint pretrial order, including motions in limine, deposition designations, and a proposed charge and interrogatories or proposed findings of fact and conclusions of law, shall be filed on or before the date set forth in the scheduling order. Joint pretrial orders must be signed by all counsel.

Summary: Joint pretrial order must include motions in limine, deposition designations, proposed charge/interrogatories or proposed findings/conclusions, and must be signed by all counsel.

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Applies to

Agreed charge ?

Place the proposed interrogatories at the end of the document, after all instructions and definitions. Each requested instruction and definition should be simple, concise, and include a citation to the relevant authority.

Summary: For jury trials, the agreed charge must have interrogatories placed at the end, and each instruction must include a citation.

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Applies to

Joint pretrial order

The JOINT PRETRIAL ORDER, including motions in limine, deposition designations, and a proposed charge or proposed findings of fact and conclusions of law, shall be filed and proposed trial exhibits shall be exchanged on or before this date.

Summary: Joint pretrial order must include motions in limine, deposition designations, and proposed charge or findings; proposed trial exhibits must be exchanged by the same date.

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Civil cases

Applies to

Notice of readiness ?

Must include

related cases, pending motions ?

In all patent cases pending before the undersigned, when all defendants have responded to the initial pleadings (whether by Answer or Motion), the plaintiff shall inform the Court that the case is ready for an initial Case Management Conference by submitting a Notice that shall also identify (1) any pending motions, and (2) any related cases in this District. If the plaintiff does not submit such Notice within a reasonable time, any defendant is free to submit the Notice.

Summary: Plaintiff must submit a Notice of readiness for initial Case Management Conference after all defendants respond; any defendant may submit if plaintiff delays.

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Applies to

Oral argument ?

All attorneys, including Newer Attorneys, will be held to the highest professional standards. Relatedly, all attorneys appearing in court are expected to be adequately prepared and thoroughly familiar with the factual record and the applicable law, and to have a degree of authority commensurate with the proceeding.

Summary: All attorneys must meet highest professional standards and be adequately prepared.

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Applies to

General ?

Visitors and guests to the Courthouse are not per itted to bring any of the following items into the Courthouse without prior approval from a District or Magistrate Judge:

Summary: Visitors/guests prohibited from bringing certain items to courthouse without judicial approval

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Applies to

Mock jury study ?

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 must retain names and addresses of mock jury study participants.

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Applies to

Mock jury study ?

Must include

certificate of service ?

If the case is not disposed of by settlement or otherwise, 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 10 days before the pre-trial conference.

Summary: Parties must notify all parties and court in writing about mock jury study at least 10 days before pre-trial conference.

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Applies to

Mock jury study ?

Must include

certificate of service ?

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.

Summary: Parties must cross-reference jury list with study participants and notify court of any matches.

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Applies to

Mock jury study ?

Must include

certificate of service ?

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.

Summary: Parties must provide names and addresses of all study participants to court in camera before jury selection.

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Applies to

Mock jury study ?

Where a party conducts a mock jury trial, focus group, or similar study in which participants reside in the division where the case is pending, the party IS ORDERED to apply the following procedures:

Summary: Parties must follow specific procedures when conducting mock jury studies in the division where the case is pending.

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Civil cases

Applies to

Dismissal request ?

Must include

proposed order

the Court ORDERS that any request for dismissal under Rule 41, whether by notice, stipulation, or motion, include a proposed order dismissing the action.

Summary: Any Rule 41 dismissal request must include a proposed order.

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Civil cases

Applies to

Proposed order

Must include

proposed order

The proposed order shall comply with the format described in Local Rule CV-7(a), clearly indicate whether the dismissal is with or without prejudice, and, if applicable, provide that any pending requested relief is denied as moot.

Summary: Proposed dismissal order must follow Local Rule CV-7(a) format, state whether dismissal is with or without prejudice, and note that pending relief is denied as moot if applicable.

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Civil cases

Applies to

Final judgment

Must include

proposed order ?

the Court ORDERS the plaintiff to provide a separate proposed Final Judgment when the plaintiff is seeking to dismiss the last remaining defendant.

Summary: Plaintiff must provide a separate proposed Final Judgment when dismissing the last remaining defendant.

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Civil cases

Applies to

Final judgment

Must include

proposed order ?

The proposed Final Judgment shall comply with the format described in Local Rule CV-7(a) and reference the order(s) dismissing each defendant, such that the Final Judgment records the manner of dismissal of each defendant in the action.

Summary: Proposed Final Judgment must follow Local Rule CV-7(a) format and reference each defendant's dismissal order.

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Civil cases

Applies to

Motion for bill of costs ?

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: Motion for Bill of Costs must indicate areas of disagreement with specificity.

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Civil cases

Applies to

Motion to seal ?

Must include

certificate of conference ?

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: Sealing requests must demonstrate sensitivity outweighing public access and include a certificate of conference.

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Civil cases

Applies to

Post disclosure sealing request ?

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 additionally show good cause for not requesting sealing before disclosure.

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Civil cases

Applies to

Motion to seal ?

Must include

certificate of conference ?

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.

Summary: Sealing motions must demonstrate compelling reasons and that parties met and conferred in advance.

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Applies to

Notice of readiness ?

Must include

judge name, case number, certificate of service ?

The Court ORDERS that the Plaintiff in each 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(s) or related patent(s); (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 notice of readiness for scheduling conference within 5 days after all defendants answer or file motion to transfer/dismiss, including pending motions and patent-specific information.

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Civil cases

Applies to

Joint motion to stay

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 (1) affirmatively state that all matters in controversy between the parties have been settled in principle, (2) provide the general terms and amount of the settlement, (3) request that the Court stay for some specific and reasonable period of time, up to 30 days, 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 and (4) stipulate that if any issues arise in formalizing the settlement papers, the parties agree to submit such issues to the Court for final resolution. The parties may request a stay for greater than 30 days if good cause is shown.

Summary: Upon settlement, parties must file a Joint Motion To Stay All Deadlines and Notice of Settlement with specific content including express settlement statement, terms, stay request (up to 30 days, or longer with good cause), and stipulation.

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Civil cases

Applies to

Notice of settlement

A motion indicating that the parties are communicating about settlement but one which stops short of an express indication that the matters in controversy have, in fact, settled will not ordinarily support an order staying the existing deadlines. 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. Such noncompliant filings shall not support later requests to reset missed deadlines or otherwise amend the Docket Control Order.

Summary: Only a joint motion with express settlement indication will support a stay; a mere notice of settlement or communication-only motion is inadequate and will not support later deadline adjustments.

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Civil cases

Applies to

Notice of readiness for scheduling conference ?

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.

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Civil cases

Applies to

Claim construction briefing

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.

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Civil cases

Applies to

Motion

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.

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Applies to

Jury investigation ?

Must include

local rule certificate ?

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

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Applies to

Jury investigation ?

Must include

local rule certificate ?

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

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Civil cases

Applies to

Dismissal papers

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'.

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Civil cases

Applies to

Motion to dismiss rule 41 a 2 ?

Must include

proposed order

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.

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Civil cases

Applies to

Joint pretrial order

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.

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Civil cases

Applies to

Proposed docket control order

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.

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Civil cases

Applies to

Joint pretrial order

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.

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Civil cases

Applies to

Motion

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.

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Civil cases

Applies to

Joint letter

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.

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Applies to

Joint motion to stay all deadlines and notice of settlement

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.

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Civil cases

Applies to

Motion for bill of costs ?

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.

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Civil cases

Applies to

Eligibility contentions ?

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.

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Civil cases

Applies to

Eligibility contentions ?

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.

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Civil cases

Applies to

Eligibility contentions ?

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.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to

Eligibility contentions ?

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.

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Civil cases

Applies to

Eligibility contentions ?

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.

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Civil cases

Applies to

Motion ?

Must include

certificate of conference ?

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.

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Civil cases

Applies to

Motion

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.

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Applies to

Formal notice

Must include

judge name, case number ?

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

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Civil cases

Applies to

Motion to seal ?

A movant seeking leave to file materials under seal must file three documents, separately and in the following order:

Summary: Three-document filing requirement for seal motions

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Civil cases

Applies to

Motion to seal

Must include

caption, judge name, case number ?

1. Motion to seal (filed under seal). The motion must address the legal standard governing motions to seal, as summarized in Section A above. That is to say, it must include a document-by-document, line-by-line balancing of the public's common law right of access against the interests favoring nondisclosure. In so doing, the motion should list each separate proposed redaction—i.e., each discrete span of text or other material that the movant seeks to redact—and demonstrate that redaction of such material is authorized under controlling precedent.

Summary: Motion to seal must include document-by-document balancing and list each proposed redaction

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Civil cases

Applies to

Sealed document ?

Must include

caption, judge name, case number ?

2. Sealed, unredacted version of the document(s) sought to be sealed. At the time the seal motion is filed, the movant should separately file, under seal, an unredacted version of the document(s) sought to be sealed.

Summary: Must file sealed, unredacted version of document(s) at time of seal motion filing

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Civil cases

Applies to

Redacted document ?

Must include

caption, judge name, case number ?

3. Public (non-sealed), redacted copy of the document(s) sought to be sealed. At the time the seal motion is filed, the movant should also separately file a redacted version of the document(s) sought to be sealed. Only that material alleged to be sealable should be redacted. Each redaction must correspond to the listed items in the seal motion.

Summary: Must file public, redacted copy at time of seal motion filing with redactions corresponding to seal motion

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Civil cases

Applies to

Motion to seal

Must include

caption, judge name, case number ?

This Order supersedes Local Rule CV-5(a)(7)(E) for the filing of any sealed document in this Court. A movant's failure to address and comply with the legal standard governing motions to seal, as summarized in Section A above, will result in the motion to seal being denied and the sealed document(s) being stricken.

Summary: Order supersedes local rule for sealed documents; non-compliance results in denial and striking

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Applies to

Consent form ?

Must include

consent form ?

Effective February 1, 2025, and notwithstanding other case assignment orders of this Court, the Clerk will randomly assign, at the time of filing, each prisoner civil rights case filed in the Sherman Division to a magistrate judge in the Sherman Division to serve as presiding judge and send each party a form to consent to proceed before the magistrate judge upon the party’s appearance in the case.

Summary: Prisoner civil rights cases in Sherman Division are randomly assigned to magistrate judges at filing.

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Applies to

Entry ?

Must include

sanitization ?

Each person must use the hand sanitizer furnished at the front door upon enterin the Courthouse;

Summary: All persons must use hand sanitizer upon entering the Courthouse.

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Applies to

Joint pretrial order ?

Include in this paragraph the following: (a) Whether trial will be jury or non-jury;

Summary: The trial paragraph must state whether trial will be jury or non-jury.

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Applies to

Deposition

Before trial, counsel must provide the court administrator with two copies of any deposition to be used at trial with the relevant portions highlighted.

Summary: Counsel must provide the court administrator with two copies of each deposition to be used at trial, with relevant portions highlighted.

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Applies to

Memorandum of authorities ?

MEMORANDA OF AUTHORITIES MUST BE FILED TO ADDRESS EACH OF THE ISSUES THAT AFFECT THE CASE.

Summary: Memoranda of authorities must be filed to address each contested issue of law that affects the case.

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Applies to

Video deposition

Use of video depositions is permitted if they are edited to remove sidebar remarks and testimony to which objections are sustained.

Summary: Video depositions are permitted only if edited to remove sidebar remarks and testimony with sustained objections.

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Applies to

Witness list

Counsel shall submit as part of the joint pretrial order two (2) copies of the party’s witness list, listing the witnesses in the order in which they will be called and stating the estimated time for examination, on a form substantially similar to that attached.

Summary: Counsel must submit two copies of the witness list as part of the joint pretrial order, with witnesses in order and estimated examination time, on the prescribed form.

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Applies to

Joint pretrial order

Each counsel shall attach to the joint pretrial order two (2) copies of a list on a form substantially similar to that attached of all exhibits expected to be offered.

Summary: Each counsel must attach two copies of an exhibit list to the joint pretrial order.

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Applies to

Exhibits

Counsel shall make the exhibits available for examination by opposing counsel on or before the date the joint pretrial order is due.

Summary: Exhibits must be made available for examination by opposing counsel by the pretrial order due date.

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Applies to

Exhibit authentication ?

All counsel requiring authentication of an exhibit must notify the offering counsel in writing within three (3) business days after the exhibit is made available. Failure to object in writing concedes authenticity.

Summary: Authentication objections must be made in writing within 3 business days after exhibit is made available; failure to object concedes authenticity.

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Applies to

Exhibit objection ?

The court will admit into evidence all exhibits listed in the final pretrial order unless opposing counsel files written objections with authorities by the date set forth in the scheduling order. The filing should include copies of the disputed exhibit and relevant authority.

Summary: Written objections to exhibits with supporting authorities must be filed by the scheduling order deadline; objections must include copies of disputed exhibit and relevant authority.

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Applies to

Joint pretrial order ?

State briefly the disputed issues of law.

Summary: The contested issues of law section must briefly state the disputed issues of law.

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Applies to

Joint pretrial order ?

Each counsel shall attach two (2) copies of a list in a form substantially similar to that attached setting forth the names and addresses of each witness (not counsel’s address) who will or may be called at trial in the order of his or her appearance, including a brief statement of the subject matter and substance of his or her testimony, as well as the estimated time for his or her examination.

Summary: Each counsel must attach two copies of a witness list with names, addresses, order of appearance, subject matter, and estimated examination time.

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Applies to

Expert witness

Counsel shall submit a written summary of the qualifications of each expert witness.

Summary: Counsel must submit a written summary of each expert witness's qualifications.

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Applies to

Joint pretrial order ?

Include in this section the following statement: In the event there are any other witnesses to be called at the trial, their names, addresses, and the subject matter of their testimony shall be reported to opposing counsel as soon as they are known. This restriction shall not apply to rebuttal or impeachment witnesses, the necessity of whose testimony cannot reasonably be anticipated before the time of trial.

Summary: The witness section must include a statement about reporting additional witnesses and the exception for rebuttal/impeachment witnesses.

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Applies to

Witness list ?

If a witness is to appear by deposition, cite the inclusive pages and lines to be read. Objections to those portions (citing pages and lines) with supporting authority shall be filed by the date set forth in the scheduling order.

Summary: Deposition designations must cite pages and lines; objections with supporting authority must be filed by scheduling order deadline.

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Applies to

Joint pretrial order ?

Include a statement as to the status of settlement negotiations, and, if applicable, that all settlement efforts have been exhausted. State the current settlement demand and offer and whether the case can reasonably be expected to settle.

Summary: The settlement section must include status of negotiations, whether efforts exhausted, current demand and offer, and likelihood of settlement.

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Applies to

Joint pretrial order ?

List the parties, their respective counsel, and the physical addresses, email address, and telephone numbers, including cell phone numbers, of counsel in separate paragraphs.

Summary: The appearance of counsel section must list parties, counsel, addresses, email, and phone numbers in separate paragraphs.

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Applies to

Joint pretrial order ?

Give a brief statement of the case to inform the court and/or jury of the salient facts, which the court may read to the jury panel to ascertain whether any panelists are familiar with the facts or parties involved in the case. Include names, dates, and places. The statement should not exceed one paragraph per party.

Summary: The statement of the case must be brief, include names, dates, places, and not exceed one paragraph per party.

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Applies to

Joint pretrial order ?

Briefly set out why the court has full and complete jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state the problem.

Summary: The jurisdiction section must state the basis for subject matter and personal jurisdiction, and note any unresolved questions.

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Applies to

Joint pretrial order ?

List any pending motions.

Summary: The motions section must list any pending motions.

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Applies to

Joint pretrial order ?

State concisely in separate paragraphs what each party claims.

Summary: The contentions section must state each party's claims concisely in separate paragraphs.

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Applies to

Joint pretrial order ?

List all facts that require no proof.

Summary: The admissions of fact section must list all facts that require no proof.

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Applies to

Joint pretrial order ?

List all facts in controversy necessary to the final disposition of the case.

Summary: The contested issues of fact section must list all facts in controversy necessary for disposition.

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Applies to

Joint pretrial order ?

State the legal principles governing this case that are not in dispute.

Summary: The agreed propositions of law section must state undisputed legal principles.

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Applies to

Security policy ?

Visitors and guests to the Courthouse are not per itted to bring any of the following items into the Courthouse without prior approval from a District or Magistrate Judge:

Summary: Visitors must get prior judicial approval to bring prohibited items into courthouse

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Applies to

Security policy ?

(a) Liquids, aerosols, or gels. This includes bottles of water.

Summary: Liquids, aerosols, gels (including water bottles) prohibited without judicial approval

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Applies to

Security policy ?

(b) Laser Lights / Pointers.

Summary: Laser lights/pointers prohibited without judicial approval

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Applies to

Security policy ?

(c) Cigarette Lighters.

Summary: Cigarette lighters prohibited without judicial approval

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Applies to

Security policy ?

(d) Vape pens.

Summary: Vape pens prohibited without judicial approval

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Applies to

Security policy ?

With respect to electronic communication devices, in addition to the restrictions provided in General Order 18-6, impaneled petit and grand jurors may check such devices into the Clerk s Office and access them during breaks in the judicial proceedings.

Summary: Impaneled jurors may check electronic devices into Clerk's Office during breaks

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Civil cases

Applies to

Brief ?

A statement of the exact issues presented for review, set forth in separate numbered paragraphs.

Summary: Brief must include numbered statement of exact issues presented for review

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Civil cases

Applies to

Brief

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.

Summary: Brief must include statement of case with facts, age, education, work experience, medical evidence, and page citations

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Civil cases

Applies to

Brief ?

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.

Summary: Brief must include argument with specific record citations and jurisdictional case citations

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Civil cases

Applies to

Brief

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.

Summary: Brief must include short conclusion stating relief sought; issues not discussed at oral argument are abandoned

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Civil cases

Applies to

Brief

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 in social security actions must include a statement of issues, a statement of the case with facts supported by record references, an argument with citations and specific rules for remand, a conclusion, and individually numbered pages.

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Civil cases

Applies to

Exhibit list

The exhibit list shall contain all exhibits that the parties intend to offer for admission into evidence.

Summary: The exhibit list must include every exhibit a party intends to offer into evidence.

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Civil cases

Applies to

Exhibit

Any exhibits that have been produced by bates number must also include the bates number.

Summary: Any exhibit produced with Bates numbering must list its Bates number.

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Civil cases

Applies to

Exhibit list ?

This list shall also include any documents or things the parties intend to use for demonstrative purposes.

Summary: The exhibit list must also include items intended only for demonstrative use.

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Civil cases

Applies to

Demonstrative

These are items that will not be entered into evidence, but will be used in the course of trial for demonstrative purposes and must be disclosed.

Summary: Demonstrative items that are not admitted into evidence must still be disclosed.

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Civil cases

Applies to

Exhibit list

The exhibit list shall contain all exhibits that the parties intend to offer for admission into evidence.

Summary: Exhibit lists must include all exhibits intended for admission into evidence.

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Civil cases

Applies to

Exhibit list ?

Those exhibits should be appropriately labeled as Plaintiff’s or Defendant’s exhibits, e.g., PX-1, DX-1.

Summary: Exhibits must be labeled as Plaintiff's or Defendant's exhibits (PX-1, DX-1).

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Civil cases

Applies to

Exhibit list ?

Any exhibits that have been produced by bates number must also include the bates number.

Summary: Bates-numbered exhibits must include the bates number.

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Civil cases

Applies to

Exhibit list ?

Any physical exhibits that the parties intend to offer into evidence should also be listed and designated as such, e.g., PPX-1, DPX-1.

Summary: Physical exhibits must be listed and designated (PPX-1, DPX-1).

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Civil cases

Applies to

Exhibit list ?

This list shall also include any documents or things the parties intend to use for demonstrative purposes.

Summary: Demonstrative materials must be included in the exhibit list.

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Civil cases

Applies to

Exhibit list ?

These are items that will not be entered into evidence, but will be used in the course of trial for demonstrative purposes and must be disclosed.

Summary: Demonstrative items must be disclosed even though not entered into evidence.

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Civil cases

Applies to

Exhibit list ?

They should be labeled and designated as such, e.g., PDX-1, DDX-1.

Summary: Demonstrative exhibits must be labeled (PDX-1, DDX-1).

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Civil cases

Applies to

Exhibit list ?

The parties are not required to have prepared or exchanged demonstratives at this time; however, the list should include placeholders for all intended demonstratives.

Summary: Placeholders for demonstratives must be included in the exhibit list.

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Civil cases

Applies to

Exhibit list

To the extent a demonstrative has been prepared, or the party is aware of its intent to use a particular document for demonstrative purposes only, those items should be exchanged, appropriately identified, and included in the exhibit list.

Summary: Prepared demonstratives must be exchanged and included in the exhibit list.

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Civil cases

Applies to

Sealed filing ?

Any party who wishes to file a sealed document must comply with the requirements of Local Rule CV-5(a)(7).

Summary: Any party filing a sealed document must follow Local Rule CV-5(a)(7).

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Civil cases

Applies to

Sealed filing

Must include

certificate of service

Pursuant to L.R. CV-5(a)(7)(B), the sealed filing must include a certificate of service by counsel that clearly identifies either (1) a corresponding motion to file under seal; or, (2) if no motion to seal has been filed, the specific order of the Court that provides the authorization to file under seal.

Summary: A sealed filing must include a certificate of service identifying either a corresponding sealing motion or the specific authorizing court order.

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Civil cases

Applies to

Sealed filing ?

Simply stating that a motion is being filed under seal pursuant to the Court’s Protective Order is insufficient. Parties must specifically identify the order granting authority to file under seal by Docket Number and point to the specific provisions (page or paragraph numbers) that provide for the sealing of the document in question.

Summary: A party cannot rely on a generic protective-order statement and must identify the specific sealing order by docket number and relevant page or paragraph.

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Civil cases

Applies to

Sealed attachment ?

Must include

certificate of service

A party seeking to attach a document or documents that contain proprietary information to be sealed must separately file those documents and include a certificate of service that complies with L.R. CV-5(a)(7).

Summary: Documents containing proprietary information must be separately filed under seal with a compliant certificate of service.

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Civil cases

Applies to

Motion to seal ?

In making a request to seal, the requesting party must demonstrate: (1) 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 (2) 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/or the courtroom.

Summary: A sealing request must show both substantial harm from disclosure and a good-faith meet-and-confer to minimize sealing at hearing or trial.

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Civil cases

Applies to

Motion to seal ?

Except for requests to redact information referenced in Fed.R.Civ.P. 5.2(a), requests to seal, redact, or otherwise protect information after its public disclosure at a hearing or trial must, in addition to the previous requirements, show good cause as to why the motion was not made in advance of the disclosure.

Summary: Post-disclosure sealing or redaction requests must satisfy prior requirements and show good cause for not moving earlier, except for Fed. R. Civ. P. 5.2(a) redactions.

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Applies to

Filing

Must include

ai disclosure, local rule certificate ?

any party, whether appearing pro se or through counsel, must include with all filings a “Certificate of Generative Artificial Intelligence Usage” that discloses: (1) “generative artificial intelligence”2 was used (or not used); (2) the specific tool the party used; (3) how the party used the tool in preparing the relevant document; and (4) that the party certifies they have checked the accuracy of any portion of the document drafted or assisted by the tool, including all factual and procedural background, citations, and legal authority.

Summary: All filings must include a Certificate of Generative Artificial Intelligence Usage with specified disclosures and accuracy certification.

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Applies to

All filings ?

Must include

ai disclosure ?

If the court has good reason to suspect that a filing has relied on generative artificial intelligence in violation of this Standing Order, and the party has not reasonably dispelled of the court’s concerns, such violation may result in the imposition of appropriate sanctions under Federal Rule of Civil Procedure 11, including monetary sanctions.

Summary: Violations of AI disclosure requirements may result in sanctions under Rule 11, including monetary sanctions.

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Applies to

All filings ?

Must include

ai disclosure ?

If generative artificial intelligence is utilized in the preparation of any documents filed with the court, the attorney or pro se litigant will be held responsible for the contents thereof under Federal Rule of Civil Procedure 11 and applicable rules of professional conduct and attorney discipline.

Summary: Attorneys and pro se litigants are responsible for AI-assisted filings under Rule 11 and professional conduct rules.

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Applies to

All filings

Must include

ai disclosure ?

Consistent with Federal Rule of Civil Procedure 11(b), and the certifications required thereunder, any party, whether appearing pro se or through counsel, must include with all filings a “Certificate of Generative Artificial Intelligence Usage” that discloses: (1) “generative artificial intelligence”2 was used (or not used); (2) the specific tool the party used; (3) how the party used the tool in preparing the relevant document; and (4) that the party certifies they have checked the accuracy of any portion of the document drafted or assisted by the tool, including all factual and procedural background, citations, and legal authority.

Summary: All filings must include Certificate of Generative Artificial Intelligence Usage disclosing AI use, tool, purpose, and accuracy verification.

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Civil cases

Applies to

Motion to modify docket control order ?

Must include

proposed order ?

In cases before the Honorable John D. Love, parties shall re-file a complete Proposed Docket Control Order in every instance where a motion to modify / amend a Docket Control Order is to be considered by the Court. The amended Docket Control Order shall incorporate the modified deadlines in addition to the deadlines that remain unchanged. Each proposed modified deadline should be entered above the corresponding current deadline, within the same cell as the corresponding current deadline. The modified deadline should be placed between brackets (i.e. "[" and "]"), but should otherwise be in a font and format identical to the current deadline.

Summary: A complete Proposed Docket Control Order must be re-filed with any motion to modify/amend a Docket Control Order, showing modified deadlines in brackets above the current deadlines.

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Applies to

Courtroom procedure ?

Must include

stand when addressing court, use podium unless permission ?

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.

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Applies to

Courtroom procedure ?

Must include

stand when jury enters leaves ?

Please stand when the jury enters or leaves the courtroom.

Summary: Stand when jury enters or leaves courtroom.

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Applies to

Objection

Must include

no argument, state basis only, state objection only ?

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.

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Civil cases

Applies to

Brief

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.

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Applies to

Amended docket control order

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.

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Civil cases

Applies to

Answer

Must include

certificate section ?

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

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Required

Always ?

Applies to

Mock jury study notification ?

Must include

judge name, case number, certificate of service ?

That is cases in which such a study has been conducted, the following procedures shall apply: The party or parties who commission the study shall retain, to the extent practicable, the name and address of each participant in the study. If the case is not disposed of by settlement or otherwise, the court, in writing, that such a study occurred. Such notice shall be provided at least ten (10) days before the pre-trial conference.

Summary: Parties must notify court in writing at least 10 days before pre-trial conference if mock jury study conducted.

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Required

Always ?

Applies to

Jury list cross reference ?

Must include

judge name, case number, certificate of service ?

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.

Summary: Parties must cross-reference jury list with mock jury participants and notify court.

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Required

Always ?

Applies to

Mock jury participant list ?

Must include

judge name, case number, certificate of service ?

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.

Summary: Parties must provide mock jury participant names/addresses to court in camera before jury selection.

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Civil cases

Applies to

Notice

If a daily transcript or real time reporting of court proceedings is requested for trial, the party or parties making said request shall file a notice with the Court and e-mail the Court Reporter, Shawn McRoberts, at shawn_mcroberts@txed.uscourts.gov.

Summary: Notice required for daily transcript or real-time reporting requests.

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Civil cases

Applies to

Notice ?

The parties are ordered to meet and confer on any outstanding objections or motions in limine. The parties shall advise the Court of any agreements reached no later than 1:00 p.m. three (3) business days before the pretrial conference.

Summary: Parties must meet and confer on motions in limine and report agreements 3 business days before pretrial conference.

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Civil cases

Applies to

Juror questionnaire

If a juror questionnaire is to be used, an editable (in Microsoft Word format) questionnaire shall be jointly submitted to the Deputy Clerk in Charge by this date.

Summary: Editable juror questionnaire must be jointly submitted to Deputy Clerk.

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Civil cases

Applies to

Motion

Must include

local rule certificate ?

Motions shall comply with Local Rule CV-56 and Local Rule CV-7.

Summary: Motions must comply with Local Rules CV-56 and CV-7.

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Civil cases

Applies to

Deposition

Must include

edited version ?

All depositions to be read into evidence as part of the parties’ case-in-chief shall be EDITED so as to exclude all unnecessary, repetitious, and irrelevant testimony; ONLY those portions which are relevant to the issues in controversy shall be read into evidence.

Summary: Depositions must be edited to exclude unnecessary, repetitious, and irrelevant testimony.

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Civil cases

Applies to

Trial appearance ?

Must include

in person appearance, designated representative ?

All parties must appear in person at trial. All non-individual (including but not limited to corporate) parties must appear at trial through the presence in person of a designated representative. Once they have appeared, any representative of a non-individual party shall not be replaced or substituted without express leave of Court.

Summary: All parties must appear in person at trial; non-individual parties must have designated representative.

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Civil cases

Applies to

Joint rule 26f report ?

Must include

case synopsis, e discovery issues, mediation proposals +4 more ?

The parties must include the following matters in the joint conference report: 1. A brief factual and legal synopsis of the case. 2. The jurisdictional basis for this suit. 3. Confirm that initial mandatory disclosures required by Rule 26(a)(1) and this Order have been completed. 4. Proposed scheduling order deadlines. Appendix 1 has the standard deadlines. Explain any deviations from standard schedule. Now is the time to inform the court of any special complexities or need for more time before the trial setting. The standard schedule is planned so that there is time to rule on dispositive motions before parties begin final trial preparation. 5. If the parties agree that mediation is appropriate, and the parties can agree upon a mediator, the name, address, and phone number of that mediator, and a proposed deadline should be stated. An early date is encouraged to reduce expenses. The court may appoint a mediator upon request. 6. The identity of persons expected to be deposed. 7. Any issues relating to disclosure or discovery of electronically stored information, including the form or forms in which it should be produced.

Summary: Joint Rule 26(f) conference report must include 7 specific items including case synopsis, jurisdiction, disclosures, scheduling, mediation, depositions, and e-discovery.

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Civil cases

Applies to

Evidence

A party that fails to timely disclose such information will not, unless such failure is harmless, be permitted to use such evidence at trial, at a hearing, or in support of a motion.

Summary: Failure to disclose evidence timely bars its use at trial or in motions unless harmless.

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Civil cases

Applies to

Rule 26f conference

Must include

settlement discussion, magistrate judge consent ?

Before commencing the Rule 26(f) conference, counsel must discuss settlement options with their clients, including whether an offer or demand should be made at the Rule 26(f) attorney conference. Counsel should also inquire whether their clients are amenable to trial before a United States magistrate judge. Parties willing to consent should file the appropriate form electronically (see form on Eastern District of Texas website) as soon as possible, so that the case can be reset for management conference before the magistrate judge to whom the case is assigned.

Summary: Counsel must discuss settlement options and magistrate judge consent before Rule 26(f) conference.

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Civil cases

Applies to

Motion

Must include

affidavits, supporting documents ?

Local Rule CV-7 requires you to attach affidavits and other supporting documents to the motion or response. Labeled tabs on the attachments to the courtesy copy will make it easier to find them.

Summary: Attach affidavits/supporting documents to motions; use labeled tabs on courtesy copies.

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Civil cases

Applies to

Initial disclosure ?

Must include

potential parties, correct names of parties, records or authorizations +2 more ?

Initial mandatory disclosures pursuant to Rule 26(a)(1) shall be completed not later than ten days after the deadline for the Rule 26 attorney conference and shall include the following:

Summary: Initial disclosures due 10 days after Rule 26 conference deadline.

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Civil cases

Applies to

Service

Any defendant who has not been served with the summons and complaint within ninety days after the filing of the complaint shall be dismissed, without further notice, unless prior to such time the party on whose behalf such service is required shows good cause why service has not been made. See FED. R. CIV. P. 4(m).

Summary: Defendants not served within 90 days of complaint filing shall be dismissed without notice unless good cause shown.

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Civil cases

Applies to

Complaint

The name of every party shall be set out in the complaint. See FED. R. CIV. P. 10(a). The use of fictitious names is disfavored by federal courts. Doe v. Blue Cross & Blue Shield, 112 F.3d 869 (7th Cir. 1997). It is hereby ORDERED that this action be DISMISSED as to all fictitious parties. Dismissal is without prejudice to the right of any party to take advantage of the provisions of Federal Rule of Civil Procedure 15(c).

Summary: All parties must be named in complaint; fictitious parties are dismissed without prejudice.

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Civil cases

Applies to

Scheduling order

Must include

certificate of service, local rule certificate, certificate of conference ?

Attorneys and pro se litigants who appear in this court must comply with the deadlines set forth in the Federal Rules of Civil Procedure, the Local Rules for the Eastern District of Texas and this order. A party is not excused from the requirements of a Rule or scheduling order by virtue of the fact that dispositive motions are pending, the party has not completed its investigation, the party challenges the sufficiency of the opposing party’s disclosure, or because another party has failed to comply with this Order or the rules.

Summary: Parties must comply with all deadlines regardless of pending motions, incomplete investigation, or other parties' non-compliance.

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Civil cases

Applies to

Scheduling order ?

Must include

certificate of service, local rule certificate, certificate of conference ?

Failure to comply with relevant provisions of the Local Rules, the Federal Rules of Civil Procedure, or this order may result in the exclusion of evidence at trial, the imposition of sanctions by the court, or both. Counsel are reminded of Local Rule AT-3, particularly AT-3(I) & (J).

Summary: Non-compliance with rules may result in evidence exclusion or sanctions.

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Applies to

Participant list ?

Must include

judge name, case number ?

The party or parties who commission the study shall retain the name and address of each participant in the study. If the case is not disposed of by settlement or otherwise, the party or parties who commissioned the study shall supply to the court, in camera, the name and address of each citizen participant in the study at least ten days prior to the final pre-trial conference.

Summary: Parties must retain participant names/addresses and provide them to court in camera at least 10 days before final pre-trial conference if case proceeds.

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Civil cases

Applies to

Joint report ?

The parties must include the following matters in the joint conference report: 1. A brief factual and legal synopsis of the case. 2. The jurisdictional basis for this suit. 3. Confirm that initial mandatory disclosures required by Rule 26(a)(1) and this Order have been completed. 4. Proposed scheduling order deadlines. Appendix 1 has the standard deadlines. Explain any deviations from standard schedule. Now is the time to inform the court of any special complexities or need for more time before the trial setting. The standard schedule is planned so that there is time to rule on dispositive motions before parties begin final trial preparation. 5. If the parties agree that mediation is appropriate, and the parties can agree upon a mediator, the name, address, and phone number of that mediator, and a proposed deadline should be stated. An early date is encouraged to reduce expenses. The court may appoint a mediator upon request. 6. The identity of persons expected to be deposed. 7. Any issues relating to disclosure or discovery of electronically stored information, including the form or forms in which it should be produced.

Summary: Joint conference report must include factual synopsis, jurisdictional basis, disclosure confirmation, proposed deadlines, mediation info, deposition identities, and ESI issues.

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Civil cases

Applies to

Complaint

Must include

caption ?

The name of every party shall be set out in the complaint. See FED. R. CIV. P. 10(a).

Summary: The complaint must include the name of every party.

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Civil cases

Applies to

Motion to strike expert ?

Objections shall be made by a motion to strike or limit expert testimony and shall be accompanied by a copy of the expert's report in order to provide the court with all the information necessary to make a ruling on any objection.

Summary: Objections to expert witnesses must be made by a motion to strike or limit and must include a copy of the expert's report.

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Civil cases

Applies to

Court submission ?

Must include

deposition copy ?

The court needs a copy of the pertinent deposition to rule on any objection.

Summary: Court requires deposition copy for ruling

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Civil cases

Applies to

Video deposition designation ?

Must include

line page numbers ?

Each party who proposes to offer a deposition by video shall serve on all other parties a disclosure identifying the line and page numbers to be offered. All other parties will have seven calendar days to serve a response with any objections and requesting line and page numbers to be included in the video.

Summary: Video deposition designations with 7-day response period

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Civil cases

Applies to

Video deposition ?

Must include

final edited video

The party who filed the initial video designation is responsible for preparation of the final edited video in accordance with all parties’ designations, and the rulings on objections.

Summary: Initial video designation party prepares final edited video

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Civil cases

Applies to

Deposition objection ?

Must include

unresolved objections

File unresolved objections to oral and video deposition extracts.

Summary: File unresolved deposition objections

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Civil cases

Applies to

Court notification ?

Must include

resolved issues ?

The parties shall notify the court of all the issues which are resolved.

Summary: Parties must notify court of resolved issues

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Applies to

Exhibit

Attorneys should note that if the Court permits the presentation of a previously undesignated exhibit, the sponsoring attorney shall promptly (post-hearing) file the additional exhibit in CM-ECF as an addendum to its Exhibit List so that it may be added to the Court record.

Summary: If a previously undesignated exhibit is presented at a hearing, the attorney must promptly file it in CM-ECF as an addendum to the Exhibit List.

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Applies to

General ?

Court employees and other building tenants are exempt from this policy.

Summary: Court employees and building tenants exempt from prohibited items policy

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Applies to

Motion

Copies of any affidavits, deposition testimony, or other discovery referred to in the motion should also be contained in the appendix. All appendices should contain a paginated table of contents.

Summary: Motions referencing affidavits, depositions, or discovery must include copies in appendix with paginated table of contents.

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Applies to

Brief

Must include

caption ?

Any brief, memorandum, or motion that cites authorities not found in the United States Code, United States Supreme Court Reporter, Federal Reporter, Federal Appendix, Federal Supplement, Federal Rules Decisions, Southwestern Reporter, or Vernon's Revised Texas Statutes and Codes Annotated should have attached as an appendix complete copies of such cases and the relevant portions of other non-case authorities.

Summary: Briefs citing authorities not in standard reporters must attach complete copies as an appendix.

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Civil cases

Applies to

Letter

With the motion for appointment, counsel will notify the court administrator by letter requesting a settlement conference.

Summary: In minor plaintiff cases, counsel must send a letter to the court administrator requesting a settlement conference.

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Civil cases

Applies to

Proposed final judgment

Prior to the conference, counsel shall furnish the court a copy of the proposed final judgment and any additional information that counsel feel might be helpful to the court in approving the settlement.

Summary: Prior to settlement conference, counsel must provide a copy of the proposed final judgment.

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Applies to

Voir dire

Do not waste voir dire by using it as an opening statement.

Summary: Voir dire should not be used as an opening statement.

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Applies to

Voir dire ?

The panel comes from the jury administrator set up in a random fashion-do not ask for are-shuffle.

Summary: Panel is randomly selected; no reshuffling allowed.

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Applies to

Post trial ?

In accordance with Local Rule CV-47, after the verdict is rendered and the jury and counsel are excused, counsel may contact the jurors if permitted by the court, but counsel may not use information gained from such discussions to impeach the verdict.

Summary: Post-trial juror contact allowed if permitted, but no impeachment of verdict.

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Applies to

Exhibit ?

Any foreign language document offered by a party shall be accompanied by an English language translation and a certification signed by the translator that must be printed legibly or typed. Such certification must include a statement that the translator is competent to translate the document, and that the translation is true and accurate to the best of the translator's knowledge.

Summary: Foreign language exhibits must include an English translation and a signed translator certification.

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Applies to

Joint pretrial order

Counsel shall attach to the joint pretrial order a list of all exhibits to be offered on a form substantially similar to that attached and shall submit to the court administrator prior to the final pretrial conference a final revised list of exhibits to be offered.

Summary: Counsel must attach an exhibit list to the joint pretrial order and submit a final revised list to the court administrator before the final pretrial conference.

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Applies to

Witness list

Counsel shall submit as part of the joint pretrial order a copy of the party's witness list, listing the witnesses in the order in which they will be called and stating the estimated time for examination, on a form substantially similar to that attached.

Summary: Witness list must list witnesses in order of calling and state estimated examination time, on a form substantially similar to the attached form.

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Applies to

Joint status report

If no motions are pending at the time of the Motion Cut-Off deadline, the parties shall submit a joint status report by this date.

Summary: If no motions are pending at motion cut-off, parties must file a joint status report by that date.

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Applies to

Expert witness summary ?

Counsel shall submit a written summary of the qualifications of each expert witness.

Summary: A written summary of expert witness qualifications must be submitted.

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Applies to

Pretrial order ?

Include in this section the following statement: In the event there are any other witnesses to be called at the trial, their names, addresses, and the subject matter of their testimony shall be reported to opposing counsel as soon as they are known. This restriction shall not apply to rebuttal or impeachment witnesses, the necessity of whose testimony cannot reasonably be anticipated before the time of trial.

Summary: The pretrial order must include a specific statement about additional witnesses.

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Civil cases

Applies to

Motion to change lead attorney ?

Must include

proposed order ?

changes to the lead attorney designation must be accomplished by motion and order.

Summary: Changes to the lead attorney designation require a motion and order.

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Civil cases

Applies to

Final judgment

Must include

proposed order ?

In consolidated cases, the proposed Final Judgment need only be filed when the final lead or member defendant is dismissed. In such instances, the proposed Final Judgment shall be filed in the lead case and clearly indicate each member defendant's dismissal.

Summary: In consolidated cases, proposed Final Judgment is required only when the last lead or member defendant is dismissed, and must be filed in the lead case indicating each member defendant's dismissal.

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Applies to

Mock jury study ?

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.

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Civil cases

Applies to

Juror questionnaire

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.

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Civil cases

Applies to

Juror questionnaire ?

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.

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Civil cases

Applies to

Juror questionnaire ?

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.

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Civil cases

Applies to

Juror questionnaire ?

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.

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Applies to

Notice of settlement

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.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to

Eligibility contentions

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.

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Civil cases

Applies to

Joint report

Must include

certificate of conference ?

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.

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Civil cases

Applies to

Motion to seal

Must include

certificate section ?

Section A summarizes the legal standard that applies to motions to seal documents submitted to the Court. Parties should be familiar with this standard before seeking leave to file materials under seal.

Summary: Parties must understand legal standard before filing sealing motions

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Civil cases

Applies to

Redacted document ?

Must include

caption, judge name, case number ?

In the unusual circumstance that a party seeks to seal an entire document, the party need not file the third document (a public, redacted copy). In all other circumstances, failure to file the third document will result in the first two documents being stricken.

Summary: Exception for sealing entire document - no public redacted copy required

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Applies to

Pretrial order

Counsel shall attach to the joint pretrial order two (2) copies of the list of all exhibits to be offered on a form substantially similar to that attached

Summary: Two copies of the exhibit list must be attached to the joint pretrial order.

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Applies to

Joint pretrial order

The joint pretrial order, including motions in limine and a proposed charge and interrogatories or proposed findings of fact and conclusions of law, shall be filed on or before the date set forth in the scheduling order. ... Joint pretrial orders must be signed by all counsel.

Summary: Joint pretrial order must include motions in limine, proposed charge and interrogatories (or proposed findings and conclusions), and be signed by all counsel.

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Applies to

Motion to amend scheduling order ?

Must include

proposed order ?

A party seeking to amend the scheduling order should file a motion and attach a proposed scheduling order using deadlines that are business days consistent with the bolded instructions on the sample scheduling order form and following the format of the most recently entered scheduling order in that case.

Summary: Motion to amend scheduling order must attach a proposed scheduling order following the format of the most recently entered scheduling order.

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Applies to

Pretrial order ?

Memoranda of law on disputed issues of law;

Summary: The joint pretrial order must include memoranda of law on disputed issues of law.

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Applies to

Pretrial order ?

Motions in limine.

Summary: The joint pretrial order must include motions in limine.

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Applies to

Proposed findings conclusions ?

Findings and conclusions must be in a form suitable for ruling from the bench after closing arguments;

Summary: Proposed findings and conclusions must be in a form suitable for ruling from the bench after closing arguments.

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Applies to

Pretrial order ?

Exhibit lists and objections; Witness lists and objections; Deposition designations and objections.

Summary: For hearings, the joint pretrial order must include exhibit lists and objections, witness lists and objections, and deposition designations and objections.

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Applies to

Objection

written objections supported by authority

Summary: Objections must be in writing and supported by authority.

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Applies to

Exhibits

Counsel shall prepare three (3) additional sets of exhibit notebooks in the form described above for use (1) on the witness stand, (2) by the court reporter, and (3) by the court administrator.

Summary: Three additional sets of exhibit notebooks must be prepared for witness stand, court reporter, and court administrator.

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Civil cases

Applies to

Technical advisor submission ?

parties shall provide, no later than 100 days before the Markman hearing, the name, address, phone number, and curriculum vitae for up to three agreed technical advisors and information regarding the nominees’ availability for the Markman hearing or a statement that they could not reach an agreement as to any potential technical advisor.

Summary: Technical advisor submission must include name, address, phone number, CV, availability, or statement of no agreement.

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Civil cases

Applies to

Technical advisor submission ?

If the parties cannot agree on a technical advisor, they shall not submit any proposed technical advisors to the Court.

Summary: Parties must not submit proposed technical advisors if they cannot agree.

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Civil cases

Applies to

Exhibit list

Parties are free to generate and format their exhibit lists in a manner convenient to them, but the list shall contain at least the minimum information set forth below.

Summary: Exhibit lists may use any format, but they must include at least the minimum required information.

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Civil cases

Applies to

Exhibit

Those exhibits should be appropriately labeled as Plaintiff’s or Defendant’s exhibits, e.g., PX-1, DX-1.

Summary: Exhibits should be labeled by side using identifiers like PX-1 or DX-1.

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Civil cases

Applies to

Physical exhibit

Any physical exhibits that the parties intend to offer into evidence should also be listed and designated as such, e.g., PPX-1, DPX-1.

Summary: Physical exhibits should be listed and designated with physical-exhibit identifiers such as PPX-1 or DPX-1.

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Civil cases

Applies to

Demonstrative ?

They should be labeled and designated as such, e.g., PDX-1, DDX-1.

Summary: Demonstrative items should be labeled with demonstrative identifiers such as PDX-1 or DDX-1.

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Civil cases

Applies to

Exhibit list ?

The parties are not required to have prepared or exchanged demonstratives at this time; however, the list should include placeholders for all intended demonstratives.

Summary: Parties need not prepare or exchange demonstratives yet, but they should include placeholders for all intended demonstratives on the list.

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Civil cases

Applies to

Demonstrative

To the extent a demonstrative has been prepared, or the party is aware of its intent to use a particular document for demonstrative purposes only, those items should be exchanged, appropriately identified, and included in the exhibit list.

Summary: Prepared or known demonstratives should be exchanged, properly identified, and listed.

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Applies to

Filing ?

The court presumes that a party who files a document that does not contain this certification certifies that no part of the document was prepared using generative artificial intelligence.

Summary: A filing without the required AI certificate is treated as a certification that no part was prepared using generative AI.

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Applies to

All filings ?

Must include

ai disclosure ?

The court presumes that a party who files a document that does not contain this certification certifies that no part of the document was prepared using generative artificial intelligence.

Summary: Absence of AI certification is presumed to mean no AI was used in document preparation.

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Applies to

Discovery motion

Must include

demonstrate substantial import, show diligent resolution attempts ?

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.

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Civil cases

Applies to

Notice

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.

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Civil cases

Applies to

Brief

In addition, 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 the party 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 the party’s positions. 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. d. A short conclusion stating the relief sought. The issues before the court are limited to the exact issues properly raised in the briefs.

Summary: Briefs must include a statement of issues, statement of case with facts supported by record references, argument with citations, and conclusion; issues are limited to those raised in briefs.

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Civil cases

Applies to

Letter brief

All letter briefs, unless specifically directed otherwise by a case-specific order, are to be submitted without attachments.

Summary: Letter briefs must be submitted without attachments unless a case-specific order directs otherwise.

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Civil cases

Applies to

Motion in limine

The parties shall limit their motions in limine to issues that if improperly introduced at trial would be so prejudicial that the Court could not alleviate the prejudice by giving appropriate instructions to the jury.

Summary: Motions in limine limited to issues that cannot be cured by jury instructions.

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Civil cases

Applies to

Response to motion in limine ?

To save time and space, respond only to items objected to. All others will be considered to be agreed. Opposing counsel shall confer in an attempt to resolve any dispute over the motions in limine within five calendar days of the filing of any response. The parties shall notify the court of all issues which are resolved.

Summary: Response to motions in limine must only address objected items; counsel must confer within 5 days to resolve disputes and notify court of resolved issues.

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Civil cases

Applies to

Deposition objections ?

Opposing counsel shall confer to determine whether objections can be resolved without a court ruling. The court needs a copy of the pertinent deposition to rule on any objection.

Summary: Counsel must confer to resolve deposition objections; court requires a copy of the deposition to rule on unresolved objections.

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Civil cases

Applies to

Motion in limine response ?

Must include

respond only to objections ?

To save time and space respond only to items objected to. All others will be considered to be agreed.

Summary: Respond only to objected items in motions in limine

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Civil cases

Applies to

Certificate of interested persons ?

If a party concurs in the accuracy of another party's previously filed certificate, the party may adopt that certificate by reference.

Summary: Parties may adopt another party's certificate by reference if they concur in its accuracy.

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Applies to

Voir dire ?

Remember that strikes will be made from the top of the panel list.

Summary: Strikes are made from the top of the panel list.

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Applies to

Voir dire

Must include

juror list, juror information sheets ?

Prior to the commencement of voir dire, counsel for each party will receive a copy of a list of randomly selected, pre-qualified jurors prepared by the Clerk's office as well as a brief information sheet on each panelist.

Summary: Counsel receives juror list and information sheets before voir dire.

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Applies to

General ?

Court employees and other building tenants are exempt from this policy.

Summary: Court employees and building tenants exempt from prohibited items policy

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Applies to

Jury investigation ?

Must include

local rule certificate ?

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

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Civil cases

Applies to

Motion

Must include

proposed order ?

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.

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Civil cases

Applies to

Motion

Must include

proposed order ?

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.

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Applies to

Formal notice ?

Must include

judge name, case number ?

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

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Civil cases

Applies to

Motion to seal ?

Must include

local rule certificate ?

Section B sets out the specific procedures that parties must follow when seeking leave to file materials under seal in civil cases before this Court, and supplements Local Rule 5(a)(7).

Summary: Section B contains specific sealing procedures supplementing Local Rule 5(a)(7)

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Applies to

Consent

Must include

consent to proceed before magistrate judge ?

If the plaintiff consents to proceed before the magistrate judge, subject to the consent of each defendant, the magistrate judge is designated to exercise jurisdiction to conduct any and all proceedings as provided in 28 U.S.C. § 636(c), to conduct the trial of the case, and to order the entry of judgment in the case pursuant to Neals v. Norwood, 59 F.3d 530 (5th Cir. 1995).

Summary: Magistrate judge can conduct all proceedings if all parties consent.

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Applies to

Reassignment notice ?

Must include

referral to magistrate judge, reassignment to district judge ?

If the parties do not consent, the Clerk will randomly reassign the case to a district judge in the Sherman Division and automatically refer the case to the previously presiding magistrate judge for decisions on non-dispositive matters and findings of fact, conclusions of law, and a recommendation for the disposition of the case.

Summary: Non-consenting cases are reassigned to district judge but referred to magistrate for non-dispositive matters.

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Applies to

Case filing ?

Must include

effective date ?

This order does not apply to any case that was filed before February 1, 2025.

Summary: Order only applies to cases filed on or after February 1, 2025.

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Applies to

Other ?

Counsel requiring authentication of an exhibit must notify offering counsel in writing

Summary: Authentication notification must be in writing.

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Applies to

Agreed charge ?

Place the proposed interrogatories at the end of the document, after all instructions and definitions.

Summary: Proposed interrogatories must be placed at the end of the agreed charge document, after all instructions and definitions.

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Applies to

Jury instructions ?

Each requested instruction and definition should be simple, concise, and include citation of authority.

Summary: Each requested jury instruction and definition must be simple, concise, and include citation of authority.

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Applies to

Post trial brief

Post-trial briefs should be limited to specific issues requested by the court during or after trial.

Summary: Post-trial briefs should be limited to specific issues requested by the court.

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Applies to

Exhibits

If joint exhibits are agreed upon, they must each be marked with the case name, case number, and exhibit number.

Summary: Joint exhibits must be marked with case name, case number, and exhibit number.

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Applies to

Exhibits

If no agreement can be reached, the offering party shall mark his or her own exhibits with the party's name, case number, and exhibit number on each exhibit to be offered.

Summary: If no joint exhibits, each party must mark their own exhibits with party name, case number, and exhibit number.

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Applies to

Security policy ?

Court employees and other building tenants are exempt from this policy.

Summary: Court employees and building tenants exempt from prohibited items policy

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Civil cases

Applies to

Brief ?

Must include

caption, judge name, case number ?

This standing order governs all actions filed pursuant to 42 U.S.C. § 405(g) and assigned to the undersigned.

Summary: Standing order applies to all Social Security actions under 42 U.S.C. § 405(g)

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Civil cases

Applies to

Demonstrative

The Court will order the exchange of all demonstratives at a time closer to trial.

Summary: The court will require exchange of all demonstratives later, closer to trial.

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Civil cases

Applies to

Exhibit list ?

The Court will order the exchange of all demonstratives at a time closer to trial.

Summary: All demonstratives will be ordered exchanged closer to trial.

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Applies to

Motion ?

Must include

jump cites, specific record citations ?

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.

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Applies to

Judgment

Must include

statement of reasons

In criminal cases that have been transferred to the undersigned for sentencing, once the defendant has been sentenced and after the judgment and statement of reasons have been entered, the Clerk of Court shall transfer the case back to the transferring district judge and original magistrate judge.

Summary: Criminal cases transferred for sentencing are returned to original judge after sentencing.

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Applies to

Post judgment motion

Must include

case reassignment ?

The Clerk of Court shall reassign all closed cases, whether they are civil, criminal, or miscellaneous, to an active district judge in the division if a post-judgment motion or any post-judgment activity is filed. If the closed case was transferred to the undersigned, the Clerk of Court shall transfer the case back to the transferring district judge.

Summary: Closed cases with post-judgment activity are reassigned to active district judge.

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Civil cases

Applies to

Case management conference

Must include

local rule certificate ?

Before the case management conference, counsel and unrepresented parties should review the most recent versions of the Federal Rules of Civil Procedure and the Local Rules for the Eastern District of Texas. The Local Rules are available on the Eastern District of Texas website (www.txed.uscourts.gov).

Summary: Review Federal Rules of Civil Procedure and Local Rules before case management conference.

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Civil cases

Applies to

Scheduling order ?

Must include

certificate of service, local rule certificate, certificate of conference ?

____________________ If parties plan to mediate, state date parties propose. This should be as early as possible, to avoid expense.

Summary: Parties must propose mediation date as early as possible to avoid expense.

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Civil cases

Applies to

Expert report

Must include

certificate of service, local rule certificate, certificate of conference ?

Expert reports should include the categories of information set out in Federal Rule of Civil Procedure 26(a)(2)(B)(i)-(vi)

Summary: Expert reports must include categories specified in FRCP 26(a)(2)(B)(i)-(vi).