Court Rules

Eastern District of Texas Service and Proof of Service Rules

5 rules from official source documents

2 of 5 checked against the court's document. Each rule says how far it was checked. A value with a question mark is not in the court's wording on its card.

E-service, mail, personal service, proof of service, certificate, and timing requirements. This page is scoped to Eastern District of Texas; use the court rules overview to switch categories without leaving this court.

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

Civil cases

Deadline
45 calendar days
Applies to
Eligibility contentions

A party challenging patent eligibility must serve its Eligibility Contentions on all parties within 45 days after receiving the specified infringement disclosures.

No later than 45 days after receiving service of the “Disclosure of Asserted Claims and Infringement Contentions,” each party alleging that any asserted claim does not qualify as patent- eligible subject matter (“Challenged Claim”) shall serve on all parties its “Eligibility Contentions,” which must contain the following information:

Judge Rodney Gilstrap

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

Civil cases

Deadline
50 calendar days
Applies to
Amended eligibility contentions

A party may serve Amended Eligibility Contentions without leave no later than 50 days after service of the Claim Construction Ruling if either stated condition is met.

Not later than 50 days after service by the Court of its Claim Construction Ruling, each party may serve “Amended Eligibility Contentions” without leave of court, if: (1) a party claiming patent infringement has served “Amended Infringement Contentions” pursuant to P.R. 3-6(a), or . (2) the party challenging subject-matter eligibility believes in good faith that the Court’s Claim Construction Ruling so requires.

Judge Rodney Gilstrap

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline
90 calendar days ?
Applies to
Summons and complaint
Service
Personal service to defendant ?

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 must be served within 90 days after complaint filing or face dismissal unless good cause is shown.

Senior Judge Ron Clark

Machine summary. Not checked yet.WARNING?

Applies to
Exhibits ?
Service
Other to opposing party ?

Counsel for each party shall assemble all documents, photographs, or other materials expected to be used at trial. Such documents or copies must be made available to opposing counsel on or before the date the joint pretrial order is due.

Summary: Counsel must assemble trial exhibits and make them available to opposing counsel on or before the date the joint pretrial order is due.

Magistrate Judge Christine L. Stetson

Machine summary. Not checked yet.WARNING?

Civil cases

Deadline
0 calendar days ?
Applies to
Discovery request ?
Service
Other to opposing party ?

Early Rule 34 requests may be delivered in compliance with Rule 26(d)(2). See FED. R. CIV. P. 26(d)(2). But, these requests are not considered served until the Rule 26(f) conference has occurred.

Summary: Early Rule 34 requests are not considered served until the Rule 26(f) conference occurs.

Senior Judge Ron Clark
Common questions about Eastern District of Texas service and proof of service rules

What rule applies to service for eligibility contentions in Eastern District of Texas?

Judge Rodney Gilstrap: The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties, timing: 45 calendar days after service. A party challenging patent eligibility must serve its Eligibility Contentions on all parties within 45 days after receiving the specified infringement disclosures.

What rule applies to service for amended eligibility contentions in Eastern District of Texas?

Judge Rodney Gilstrap: The rule addresses service method, recipient, or timing requirements. Details: timing: 50 calendar days after service. A party may serve Amended Eligibility Contentions without leave no later than 50 days after service of the Claim Construction Ruling if either stated condition is met.

What rule applies to service for summons and complaint in Eastern District of Texas?

Senior Judge Ron Clark: The rule addresses service method, recipient, or timing requirements. Details: method: personal service, recipient: defendant, timing: 90 calendar days after filing. Defendants must be served within 90 days after complaint filing or face dismissal unless good cause is shown. Machine summary, not yet verified; check the linked order.

View ruleOfficial source Source: page 6, section FAILURE TO SERVE

What rule applies to service for exhibits in Eastern District of Texas?

Magistrate Judge Christine L. Stetson: The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party. Counsel must assemble trial exhibits and make them available to opposing counsel on or before the date the joint pretrial order is due. Machine summary, not yet verified; check the linked order.

View ruleOfficial source Source: page 4, section Exhibits

What rule applies to service for discovery request in Eastern District of Texas?

Senior Judge Ron Clark: The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party, timing: 0 calendar days after service. Early Rule 34 requests are not considered served until the Rule 26(f) conference occurs. Machine summary, not yet verified; check the linked order.

View ruleOfficial source Source: page 5, section DISCOVERY