Eastern District of Texas Filing Timing and Cure Windows

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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.

Summary: Objections to exhibits must be filed by the date in the scheduling order; otherwise exhibits are admitted.

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Civil cases

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

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

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Civil cases

Parties desiring to avail themselves of the benefits of using a juror questionnaire shall contact the Deputy Clerk in Charge for the Division where the case is pending in advance of the venire panel being summoned and in time to allow the Deputy Clerk in Charge for such Division to print and include such questionnaires in the mailing of summons for jury service. Failure to fully accommodate the deadlines and directives of the Deputy Clerk in Charge shall forfeit any party’s opportunity to employ a juror questionnaire.

Summary: Parties must contact the Deputy Clerk in advance of the venire panel being summoned to allow time for printing and inclusion in summons mailing; failure forfeits the opportunity.

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Civil cases

The clerk shall reject the filing of such pre-Markman motions when this certification process has not been met.

Summary: Clerk will reject pre-Markman § 101 motions that do not comply with the certification process.

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Civil cases

Requests to seal or otherwise protect certain information of a confidential and/or proprietary nature from public disclosure during a hearing or trial should be made before the public disclosure of the information.

Summary: Requests to seal confidential information must be made before public disclosure.

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Civil cases

Deadline

48 hours

Such joint report shall be filed by the earlier of 48 hours following that meeting or 24 hours before said hearing.

Summary: Joint report must be filed by earlier of 48 hours after meeting or 24 hours before hearing.

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Civil cases

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

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

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Civil cases

Deadline

14 days

File joint report of attorney conference: 14 days after deadline for Rule 26(f) conference.

Summary: Joint report must be filed 14 days after the Rule 26(f) conference deadline.

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shall submit to the court administrator prior to the final pretrial conference a final revised list of exhibits to be offered.

Summary: A final revised exhibit list must be submitted to the court administrator prior to the final pretrial conference.

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Civil cases

If deadline falls on a Saturday, Sunday, or a legal holiday as defined in Federal Rule of Civil Procedure 6, the effective date is the first federal court business day following the deadline imposed.

Summary: If a deadline falls on a weekend or federal holiday, the effective deadline is the next federal court business day.

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Civil cases

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

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

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Deadline

10 calendar days

If the case is not otherwise disposed of, the commissioning party must notify all other parties and the court in writing that the study occurred at least 10 days before the pretrial conference.

If the case is not disposed of by settlement or otherwise, ===== PAGE 2 ===== the party or parties who commissioned the study shall advise all other parties to the case, as well as the court, in writing, that such a study occurred. Such notice shall be provided at least ten (10) days before the pre-trial conference.

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Civil cases

Deadline

30 calendar days ?

Required

Always ?

Applies to

Closing papers

Announcement of settlement must be followed by the closing papers within thirty (30) days.

Summary: Closing papers must be filed within 30 days of settlement announcement.

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MOTION CUT-OFF. Aside from motions in limine, no motion, including motions to exclude or limit expert testimony, shall be filed after this date except for good cause shown.

Summary: No motions (except motions in limine) may be filed after the motion cut-off date without good cause.

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OBJECTIONS TO proposed exhibits, witnesses, and deposition designations, as well as responses to motions in limine, shall be filed by this date.

Summary: Objections to exhibits, witnesses, and deposition designations, and responses to motions in limine must be filed by the objections deadline.

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RESPONSES TO OBJECTIONS shall be filed by this date. A failure to file a response to an objection shall create a presumption in favor of the court’s sustaining the objection.

Summary: Responses to objections must be filed by the deadline; failure to respond creates a presumption that the objection will be sustained.

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Civil cases

Deadline

4 weeks ?

Proposed juror questionnaires shall be delivered to the Deputy Clerk in Charge at the time and date as provided in the then-operative Docket Control Order in each case. Should any Docket Control Order not otherwise specify a date by which a questionnaire is to be submitted, then such questionnaire shall be delivered to the Deputy Clerk in Charge at least four weeks prior to jury selection.

Summary: Proposed questionnaires must be delivered by the date in the Docket Control Order, or at least 4 weeks before jury selection if not specified.

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Deadline

30 calendar days ?

In most cases the Court will not afford more than thirty (30) days in which to submit dismissal papers but in exceptional cases the Court may grant a longer period for such submission.

Summary: Dismissal papers must be submitted within 30 days of settlement, unless the court grants a longer period.

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Civil cases

Deadline

48 hours

Without leave, any such limine stipulation must be filed not later than 48 hours prior to the beginning of the pre-trial conference.

Summary: Limine stipulations must be filed at least 48 hours before the pretrial conference.

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Civil cases

Deadline

14 calendar days ?

the requesting party may file a three (3) page motion with the Court at least two weeks before the Motions to Strike are due under the Docket Control Order

Summary: Motion for leave must be filed at least two weeks before Motions to Strike are due.

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Civil cases

Deadline

7 calendar days ?

which is due at least one week before the Motions to Strike are due

Summary: Response to motion for leave must be filed at least one week before Motions to Strike are due.

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Civil cases

Deadline

14 calendar days ?

Any such motion is due at least two weeks before the Motions to Strike are due.

Summary: Unopposed motion for leave must be filed at least two weeks before Motions to Strike are due.

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The court will admit all exhibits listed in the joint pretrial order into evidence at the final pretrial conference unless opposing counsel files written objections supported by authority within the deadline provided in the scheduling order. Objections and responses to objections to proposed exhibits, witnesses, and deposition excerpts, as well as responses to motions in limine, shall be filed by the date set forth in the scheduling order.

Summary: Objections to exhibits, witnesses, deposition excerpts, and responses to motions in limine must be filed by the deadline in the scheduling order.

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Civil cases

Deadline

145 calendar days ?

The letter brief is due no later than 145 days before the Markman hearing.

Summary: Letter brief must be submitted no later than 145 days before the Markman hearing.

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Civil cases

Deadline

100 calendar days ?

Should Defendant’s request be granted, 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: If request granted, parties must provide technical advisor information no later than 100 days before Markman hearing.

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Civil cases

7 weeks after disclosure of an expert is made Deadline to object to any other party's expert witnesses. ... The court will not accept objections to experts filed in any form—i.e., motions in limine—after this date.

Summary: Objections to expert witnesses must be filed within 7 weeks after the expert's disclosure; objections in limine after this deadline are not accepted.

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Without leave of court, a party may file only one summary judgment motion.

Summary: Only one summary judgment motion per party is allowed without leave of court.

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Deadline

3 business days

Counsel requiring authentication of an exhibit must notify offering counsel in writing within three (3) business days after the exhibit is made available for examination. Failure to do so is an admission of authenticity.

Summary: Counsel requiring authentication must notify offering counsel in writing within 3 business days after exhibit is made available.