Court Rules
Senior Judge

Judge David Alan Ezra

Individual Rules, Standing Orders & Policies

Rules last changed:
Western District of Texas

Limits & Logistics

Document Limits

Dispositive Motion
20 pgs
Motion
20 pgs
Reply
10 pgs
Reply To Dispositive Motion
10 pgs
Response To Dispositive Motion
20 pgs
Opposition
10 pgs

Courtesy Copies

Courtesy copies

  • Not required

Emergency Motions

  • Upon Filing

TRO Motions, Preliminary Injunction Motions, Emergency Motions

  • Upon Filing

Adjournments

  • Discovery extensions can be stipulated without court approval, but complaint extensions require agreed motion and order.
  • Motions to continue must be filed as early as possible with good cause shown.
  • Must comply with court-set deadlines.
  • +4 more

Request must include

Reason For RequestProposed New DatesGood CauseOriginal DateNumber Of Previous RequestsAdversary PositionProposed Rescheduled DateAffects Other Dates

Communication

Email

Chambers

priscilla_springs@txwd.uscourts.gov
SchedulingEmergenciesTechnical IssuesStatus Inquiries
Phone

Chambers

(210) 472-5870
Emergencies
Phone

Chambers

(210) 472-6550 ext 5016
SchedulingStatus InquiriesEmergenciesTechnical Issues
Phone

Chambers

SchedulingTechnical Issues
No status inquiries
Letter via ECF

Chambers

No status inquiries
Filters:AllMandatoryImportantFormattingExhibitsConferencesTRO/InjunctionCourtroom ConductEvidence/WitnessesJuryMemoranda

Page & Word Limits10 rules

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Replies, if any, shall be limited to ten (10) pages in length in accordance with Local Rule CV-7(e).

Summary: Replies to dispositive motions limited to 10 pages.

Reply To Dispositive Motion

10 pages

Proposed-Scheduling-Order-Ezra · p. 2
|SecPage limits for replies to dispositive motions
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive motions shall be limited to twenty (20) pages in length.

Summary: Responses to dispositive motions limited to 20 pages.

Response To Dispositive Motion

20 pages

Proposed-Scheduling-Order-Ezra · p. 2
|SecPage limits for responses to dispositive motions
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Replies, if any, shall be limited to ten (10) pages in length in accordance with Local Rule CV-7(e).

Summary: Replies to dispositive motions are limited to 10 pages.

Reply

10 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive motions shall be limited to twenty (20) pages in length. Replies, if any, shall be limited to ten (10) pages in length in accordance with Local Rule CV-7(e).

Summary: Dispositive motions limited to 20 pages, responses to 20 pages, replies to 10 pages.

Dispositive Motion

20 pages

Proposed-Scheduling-Order-Ezra · p. 2
|SecPage limits for dispositive motions
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive motions shall be limited to twenty (20) pages in length.

Summary: Dispositive motions and responses are limited to 20 pages.

Motion

20 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

ten pages for responses

Summary: Responses are limited to 10 pages per local rules.

Opposition

10 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

ten pages for... replies

Summary: Replies are limited to 10 pages per local rules.

Reply

10 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

twenty pages for motions

Summary: Motions are limited to 20 pages per local rules.

Motion

20 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

On occasion, the Court will allow counsel to file pleadings with a number in excess of that stated in the Local Rules. A motion to exceed page limit is required, along with the proposed pleading, for the Court’s determination in granting or denying.

Summary: Exceeding page limits requires a motion with proposed pleading.

Pleading

Page LimitsCivil cases

Machine summary. Not checked yet.Important?

On occasion, the Court will allow counsel to file pleadings with a number in excess of that stated in the Local Rules. A motion to exceed page limit is required, along with the proposed pleading, for the Court's determination in granting or denying.

Summary: Motion to exceed page limit is required to file pleadings longer than local rules allow.

Updated-Fact-Sheet-for-Judge-Ezra-for-TXWD-Website-07102024 · p. 17
|SecDoes the court depart from the page limits contained in the local rules?

Document Format Requirements10 rules

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

All presentations in the courtroom are from the lectern.

Summary: All presentations must be made from the lectern, not counsel table.

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

No, the Court will conduct voir dire.

Summary: Court conducts voir dire; attorneys cannot conduct their own.

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

Proposed jury instructions, verdict forms and/or proposed finds of fact and conclusions of law should be provided in Microsoft Word and emailed to priscilla_springs@txwd.uscourts.gov.

Summary: Proposed jury instructions and verdict forms must be emailed in Microsoft Word format.

Required Format

DOCX

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

Attorneys are required to wear standard business attire. For men, this includes a coat and tie. For women, it includes tailored suits and tailored dresses. Slacks are acceptable if part of a tailored pantsuit. Slacks or skirts with a blouse or sweater, but without a jacket, are not acceptable. Extremely short skirts are not acceptable.

Summary: Standard business attire required in courtroom.

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

Attorneys are required to wear standard business attire. For men, this includes a coat and tie. For women, it includes tailored suits and tailored dresses. Slacks are acceptable if part of a tailored pantsuit. Slacks or skirts with a blouse or sweater, but without a jacket, are not acceptable. Extremely short skirts are not acceptable.

Summary: Attorneys must wear standard business attire; men must wear coat and tie, women must wear tailored suits/dresses or pantsuits.

Updated-Fact-Sheet-for-Judge-Ezra-for-TXWD-Website-07102024 · p. 18
|SecDoes the court have special rules governing courtroom decorum
FormattingCivil cases

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Water bottles are allowed at the counsel table, no other beverages are allowed in the courtroom.

Summary: Only water bottles permitted at counsel table; no other beverages allowed in courtroom.

FormattingCivil cases

Machine summary. Not checked yet.Important?

The Court will provide a time limit on opening statements. If counsel becomes repetitive or excessive the court may ask them to conclude their statements.

Summary: Court sets time limits for opening statements and may cut off repetitive/excessive presentations.

FormattingCivil cases

Machine summary. Not checked yet.Important?

(2) A statement of the party's claims or defenses to be used by the court in conducting voir dire. The statement shall be no longer than one-half page with type double-spaced.

Summary: Statement of claims or defenses for voir dire must be double-spaced and no longer than half a page.

Typography
Line SpacingDouble
FormattingCivil cases

Machine summary. Not checked yet.Important?

Water bottles are allowed at the counsel table, no other beverages are allowed in the courtroom.

Summary: Only water bottles permitted at counsel table; no other beverages allowed.

Updated-Fact-Sheet-for-Judge-Ezra-for-TXWD-Website-07102024 · p. 18
|SecDoes the court have special rules governing courtroom decorum
FormattingCivil cases

Machine summary. Not checked yet.Note?

Trial will normally convene at 9:00 a.m. and adjourn around 4:30 p.m. recessing for lunch between 12:00 p.m. to 1:30 p.m.

Summary: Trial days typically run 9:00 AM to 4:30 PM with lunch recess 12:00 PM to 1:30 PM.

Document Filing Requirements35 rules

Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

All dispositive motions shall be filed no later than _________________.

Summary: Dispositive motions must be filed by a specific deadline.

Document Type

Dispositive Motion

Content & Formatting
Caption
Case Number
Judge Name
Legal Argument
Proposed-Scheduling-Order-Ezra · p. 2
|SecDeadline for dispositive motions
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The Court will send the parties an order requiring them to confer and submit a proposed scheduling order to the Court. Failure to submit a proposed scheduling order within the Court’s thirty (30) day deadline will result in the Court issuing its own order.

Summary: Court issues scheduling order requiring parties to confer and submit proposed order within 30 days

Document Type

Proposed Scheduling Order

Content & Formatting
Caption
Case Number
Judge Name
Legal Argument
Table Of Contents
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Any such request should be made by motion.

Summary: Requests for modification of scheduling orders must be made by motion

Document Type

Motion

Content & Formatting
Caption
Case Number
Judge Name
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The party removing the action from state court should ensure that all documents previously filed in state court are attached to the removal documents. A copy of the state court docket sheet should be included. Parties must re-urge any motion that was filed in state court.

Summary: Removed cases require attachment of all state court documents and re-urging of prior motions.

Document Type

Removal Proceeding

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

One week before the scheduled pretrial conference or trial if a pretrial conference is not set, the parties must submit their objections to any witness, deposition testimony, exhibit, or motion in limine. Objections not so disclosed, other than objections under Federal Rules of Evidence 402 and 403 shall be deemed waived unless excused by the court for good cause shown.

Summary: Objections to witnesses, exhibits, and motions in limine must be submitted one week before pretrial conference or trial.

Document Type

Pretrial Objections

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Pursuant to Local Rule 16(e), the Court expects the parties to submit the following two weeks prior to the scheduled pretrial conference or trial if a pretrial conference is not set:

Summary: Pretrial submissions required two weeks before pretrial conference or trial.

Document Type

Pretrial Submission

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The Court requires motions to include pertinent citation to authorities and a certificate of conference required by Local Rules 7(d)(i) and 7(i).

Summary: Motions must include citations to authorities and certificate of conference per Local Rules 7(d)(i) and 7(i).

Document Type

Motion

Content & Formatting
Certificate Of Conference
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The Court requires motions to include pertinent citation to authorities and a certificate of conference required by Local Rules 7(d)(i) and 7(i).

Summary: Motions must include citation to authorities and a certificate of conference per Local Rules 7(d)(i) and 7(i).

Document Type

Motion

Content & Formatting
Certificate Of Conference
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

A list disclosing any objection, together with the grounds therefore, that may be made to the admissibility of any exhibits must be submitted 7 days before the date of the trial setting. Objections not so disclosed, other than objections under Federal Rules of Evidence 402 and 403 shall be deemed waived unless excused by the court for good cause shown.

Summary: Objections to exhibits must be disclosed with grounds 7 days before trial; undisclosed objections waived unless good cause shown.

Document Type

Objection List

Content & Formatting
Certificate Of Service
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Yes. All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked with gummed labels or tags that identify them by the exhibit number under which they will be offered at trial, and must be exchanged with opposing parties at least 14 days before the trial setting.

Summary: Exhibits must be marked and exchanged with opposing parties at least 14 days before trial.

Document Type

Exhibit

Content & Formatting
Exhibit List
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Before trial, counsel must provide the Courtroom Deputy with a copy of all depositions to be used as exhibits at trial. Counsel will designate the portion of any deposition to be read by citing pages and lines. Objections to those portions (citing pages and lines) with supporting authority must be filed at least 7 days before trial setting.

Summary: Deposition exhibits must be provided to Courtroom Deputy 7 days before trial with page/line designations and objections.

Document Type

Deposition

Content & Formatting
Exhibit List
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Either a motion to dismiss and order (Rule 41(a)(2)) or a stipulation of dismissal (Rule 41(a)(1)(A)(ii)) may be used. Do not use both.

Summary: Voluntary dismissal requires either Rule 41(a)(2) motion or Rule 41(a)(1)(A)(ii) stipulation, not both.

Document Type

Voluntary Dismissal

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Does the court have any specific requirements for motions to suppress? If so, please describe them. Motions should contain specific and detailed factual allegations, and not general assertions. The Court requires motions to include pertinent citation to authorities and a certificate of conference required by Local Rules 7(d)(i) and 7(i).

Summary: Motions to suppress must include citation to authorities and a certificate of conference.

Document Type

Motion

Content & Formatting
Certificate Of Conference
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Yes. The local rules so require and failing to include a certificate of the conference and the reason for no agreement, may result in the motion being dismissed for failure to comply with the local rules.

Summary: Certificate of conference required for all criminal motions, failure to include may result in dismissal.

Document Type

Motion

Content & Formatting
Certificate Of Conference
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Must counsel in criminal cases confer on all motions before filing them? If so, must counsel reflect the result of their conference in the body or title of the motion? Yes. The local rules so require and failing to include a certificate of the conference and the reason for no agreement, may result in the motion being dismissed for failure to comply with the local rules.

Summary: Motions in criminal cases must include a certificate of conference.

Document Type

Motion

Content & Formatting
Certificate Of Conference
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked with gummed labels or tags that identify them by the exhibit number under which they will be offered at trial, and must be exchanged

Summary: Exhibits must be marked with gummed labels/tags and exchanged before trial.

Document Type

Exhibit

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Objections to presentence investigation report should be given in writing to the probation officer who will attach it to the presentence investigation report which will be filed at the time of sentencing. If the Probation Officer does not modify the presentence investigation report or guideline worksheet and the objection remains unresolved, Counsel shall file a Sentencing Memorandum outlining the unresolved objection, any authorities relied upon and sentencing recommendations for the Court's consideration. The Sentencing Memorandum should be filed with the Clerk's Office at least 7 days prior to sentencing hearing.

Summary: Objections to presentence report must be given in writing to probation officer; unresolved objections require Sentencing Memorandum filed 7 days before sentencing.

Document Type

Sentencing Memorandum

Content & Formatting
Certificate Of Service
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Pursuant to Local Rule 16(e), the Court expects the parties to submit the following two weeks prior to the scheduled trial: (1) A list of questions the party desires the court to ask prospective jurors. (2) A statement of the party's claims or defenses to be used by the court in conducting voir dire. The statement shall be no longer than one-half page with type double-spaced. (3) A list of stipulated facts. (4) An appropriate identification of each exhibit as specified in this rule (except those to be used for impeachment only), separately identifying those that the party expects to offer and those that the party may offer if the need arises. (5) The name and, if not previously provided, the address and telephone number of each witness (except those to be used for impeachment only),

Summary: Pretrial submissions required 2 weeks before trial: juror questions, voir dire statements, stipulated facts, exhibit identification, and witness information.

Document Type

Pretrial Submission

Content & Formatting
Certificate Of Service
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Letter Briefs should not be submitted.

Summary: Letter briefs are not accepted.

Document Type

Letter Brief

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

No.

Summary: No briefing beyond motion, response, and reply is accepted.

Document Type

Motion

Specific requirements detailed in rule text.
Updated-Fact-Sheet-for-Judge-Ezra-for-TXWD-Website-07102024 · p. 17
|SecBriefing Beyond Motion, Response, and Reply
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Before trial, counsel must provide the Courtroom Deputy with a copy of all depositions to be used as exhibits at trial. Counsel will designate the portion of any deposition to be read by citing pages and lines. Objections to those portions (citing pages and lines) with supporting authority must be filed at least 7 days before pretrial conference or trial if a pretrial conference is not set. Use of videotape depositions is permitted to the extent the parties agree on admissibility or edit to resolve objections.

Summary: Deposition exhibits must be provided to Courtroom Deputy before trial with 7-day objection deadline.

Document Type

Deposition Exhibit

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Yes. Parties should submit to the Court the name of those witnesses whose testimony is expected to be presented by means of a deposition and designation by reference to page and line of the testimony to be offered (except those to be used for impeachment only) and, if not taken stenographically, a transcript of the pertinent portions of the deposition testimony at least 7 days prior to pretrial conference or trial if a pretrial conference is not set.

Summary: Deposition testimony may be used by agreement even if witness is available, with 7-day advance submission.

Document Type

Deposition

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Yes. Proposed jury instructions, verdict forms and/or proposed finds of fact and conclusions of law should be provided in Microsoft Word and emailed to priscilla_springs@txwd.uscourts.gov.

Summary: Electronic versions of proposed jury instructions and verdict forms must be in Microsoft Word and emailed.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Objections raised at sentencing that were not previously submitted to the Probation Officer.

Summary: Objections at sentencing must be submitted to Probation Officer beforehand.

Document Type

Sentencing Objection

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Renumbering exhibits during trial. Exhibits should be marked prior to trial and they should match the exhibit list submitted to the court.

Summary: Exhibits must be marked before trial and match submitted exhibit list.

Document Type

Exhibit List

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

Only in rare and exceptional circumstances. The Court will set the deadline if and when it allows its use.

Summary: Jury questionnaires permitted only in rare/exceptional circumstances with court-set deadlines.

Document Type

Jury Questionnaire

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

At the conclusion of the trial, the Courtroom Deputy will approach counsel and return all exhibits. Counsel will be required to sign an Inventory of Exhibits. Counsel are responsible for maintaining exhibits in an unaltered and safe manner for appeal.

Summary: Exhibits returned at trial end; counsel must sign inventory and preserve exhibits for appeal.

Document Type

Exhibit Inventory

Content & Formatting
Exhibit List
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

The Court expects lawyers in federal court to be prepared, provide competent services and be knowledgeable of the Federal Rules of Criminal Procedure and the Local Rules of the United States District Court for the Western District of Texas.

Summary: Lawyers must be prepared, competent, and knowledgeable of Federal Rules of Criminal Procedure and Local Rules.

Document Type

General Practice

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

Tardiness, Late filing submissions, Attorneys talking too fast, or over the Judge or one another, which is difficult for the court reporter to transcribe, Not immediately notifying the Court that the case has been settled, Not abiding by deadlines set out by the Court, Renumbering exhibits during trial. Exhibits should be marked prior to trial and they should match the exhibit list submitted to the court.

Summary: Court's pet peeves include tardiness, late filings, talking over judge, not notifying settlements, missing deadlines, and renumbering exhibits.

Document Type

General Practice

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

Not notifying the Court that a motion is unopposed.

Summary: Must notify court when a motion is unopposed.

Document Type

Motion

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Note?

Pursuant to the Rules, the parties are to exchange them, but NOT file them with the Court.

Summary: Initial disclosures must be exchanged but not filed with the court.

Document Type

Initial Disclosure

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Note?

All of Local Rule CV-88 applies.

Summary: Local Rule CV-88 governs alternative dispute resolution procedures.

Document Type

Adr Procedures

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Note?

Counsel are also required to confer regarding any charts or demonstrative exhibits to be presented at trial.

Summary: Parties must confer about charts and demonstrative exhibits before trial.

Document Type

Trial Preparation

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Note?

The Court will follow 28 U.S.C. § 1915(e)(1).

Summary: Court appointments for indigents follow 28 U.S.C. § 1915(e)(1).

Document Type

Appointment Request

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Note?

The Court will rule on dispositive motions as soon as possible.

Summary: Dispositive motions ruled on as soon as possible.

Document Type

Dispositive Motion

Specific requirements detailed in rule text.

Filing & Service rules

Courtesy Copy Requirements

Courtesy copies required only for emergency motions or pleadings filed within 48 hours of a scheduled hearing.

Only for emergency motions or when the pleading is filed within 48 hours of a hearing scheduled in the case.

Machine summary. Not checked yet. · Civil cases

Page 16 | Motions Practice

Courtesy copies required only for emergency motions or filings within 48 hours of hearing.

Only for emergency motions or when the pleading is filed within 48 hours of a hearing scheduled in the case.

Machine summary. Not checked yet. · Civil cases

Courtesy copies of filings are never required.

Never.

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Page 5 | Motions Practice

The court never requires courtesy copies of filings.

When (if ever) does the court want a courtesy copy of a filing? Never.

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Page 5 | Motions Practice

Pre-Motion Conference Requirements

Letter briefs should not be submitted in civil cases.

Does the court accept letter briefs in civil cases? If so, are there circumstances in which the court prefers letter briefs? Letter briefs should not be submitted.

Machine summary. Not checked yet. · Civil cases

Page 6 | Motions Practice

When filing for expedited relief, attorneys must call the courtroom deputy and notify opposing party.

A courtesy call should be made to the courtroom deputy clerk and notice should be given to the opposing party of the fact of filing or notice of any hearing set.

Machine summary. Not checked yet. · Civil cases

Page 11 | Contacting the Court

Requests must be made by motion accompanied by a telephone call to the courtroom deputy.

Any such request should be made by motion, with a telephone call to the courtroom deputy clerk.

Machine summary. Not checked yet. · Civil cases

Page 12 | Contacting the Court

Hearing on dispositive motions scheduled after response/reply deadlines.

The hearing on dispositive motions will be set by the Court for a date after the deadline for responses and replies.

Machine summary. Not checked yet. · Civil cases

Page 2 | Timing of dispositive motion hearings

Final pretrial conference held one week before trial to address motions in limine and exhibit objections.

A final pretrial conference will usually be conducted approximately one week prior to the date that the trial is expected to begin. Motions in limine and objections to exhibits will heard and ruled upon at that time.

Machine summary. Not checked yet. · Civil cases

Page 3 | Procedures Specific to Civil Cases

The court does not accept briefing beyond motion, response, and reply.

Does the court accept briefing on motions beyond the motion, response, and reply? If so, is a motion for leave of court and order required? No.

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Page 6 | Motions Practice

Adjournment & Extension Requirements

Motions to continue must be filed as early as possible with good cause shown.

A motion to continue should be filed at the earliest date possible and should show good cause for the continuance. The court will rule as soon as practicable.

Machine summary. Not checked yet. · Civil cases

Page 7 | Hearing and Trial Procedures

Stipulated extensions are not permitted.

No.

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Page 17 | Stipulated Extensions

Motion for continuance must be filed before pretrial submission deadlines; late motions require showing good cause except in emergencies.

If a continuance of trial is needed the motion must be filed prior to the pretrial submissions deadlines set in the Court's scheduling order. With the exception of an emergency, late motions will not be tolerated and may result in a motion hearing in order for counsel to show good cause as to the late request.

Machine summary. Not checked yet. · Civil cases

Page 18 | What is the court's general procedure for continuing criminal trials?

Continuance motions must be filed before pretrial deadlines; late motions may require hearing.

If a continuance of trial is needed the motion must be filed prior to the pretrial submissions deadlines set in the Court’s scheduling order. With the exception of an emergency, late motions will not be tolerated and may result in a motion hearing in order for counsel to show good cause as to the late request.

Machine summary. Not checked yet. · Civil cases

Page 18 | Trial Continuance

Must comply with court-set deadlines.

Not abiding by deadlines set out by the Court.

Machine summary. Not checked yet. · Civil cases

Page 21 | Tardiness

Motions to continue must be filed as early as possible and demonstrate good cause.

A motion to continue should be filed at the earliest date possible and should show good cause for the continuance.

Machine summary. Not checked yet. · Civil cases

Page 7 | Hearing and Trial Procedures

Agreed modifications are generally approved early in a case; multiple requests require a hearing to show good cause, and non-agreed continuances require immediate response.

The Court will approve, in most instances, an agreed modification at the beginning of a case. However, if the court receives multiple requests a hearing will be set in order for counsel to show good cause why additional continuances are needed. If a continuance is not agreed to, the opposing party should file a response to any motion immediately.

Machine summary. Not checked yet. · Civil cases

Page 12 | General Pretrial Matters

Motion to continue trial should be filed as far in advance as possible when dispositive motion cannot be ruled on before trial.

As far in advance as possible. A hearing on the motion will be set prior to the trial setting and if the motion cannot be addressed prior to trial the court will usually continue the trial setting.

Machine summary. Not checked yet. · Civil cases

Page 18 | Will the court grant a motion to continue the trial date if it is unable to rule on a pending dispositive motion before the parties must begin final trial preparation?

Discovery extensions can be stipulated without court approval, but complaint extensions require agreed motion and order.

Does the court permit the parties in civil cases to agree to extensions of time by stipulation filed with the court, rather than by motion and order, where the extension will not affect other pretrial dates? E.g., an extension to answer the complaint or to respond to written discovery. Extensions to answer a complaint requires an agreed motion and proposed order. See Fed. R. Civ. P. 6. Discovery extensions may be stipulated to between the parties without any need for court approval, but there will be no intervention by the Court except in extraordinary circumstances, and no trial setting will be vacated because of

Machine summary. Not checked yet. · Civil cases

Page 6 | Motions Practice

Trial continuances granted as far in advance as possible; hearing set before trial.

As far in advance as possible. A hearing on the motion will be set prior to the trial setting and if the motion cannot be addressed prior to trial the court will usually continue the trial setting.

Machine summary. Not checked yet. · Civil cases

Page 18 | Trial Continuance Timing

Chambers Communication Rules

For emergencies, first call the Courtroom Deputy; if unreachable and immediate assistance is needed, contact Chambers.

Please first call Priscilla Springs, Courtroom Deputy, at (210) 472-6550 ext 5016. If unable to reach Courtroom deputy and immediate assistance is required, you may contact Chambers at (210) 472-5870.

Machine summary. Not checked yet. · Civil cases

Page 1 | Contacting the Court

TRO/expedited relief requires courtesy call to Courtroom Deputy and notice to opposing party

A courtesy call should be made to Priscilla Springs, Courtroom Deputy, at (210) 472-6550 ext 5016 and notice should be given to the opposing party of the fact of filing or notice of any hearing set. Parties should comply with Federal Rule of Civil Procedure 65 and the Local Rules.

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Page 2 | Contacting the Court

Parties may not contact the court during depositions.

No.

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Page 11 | Contacting the Court

Contact Priscilla Springs for emergencies; if unavailable, contact Chambers directly.

Contact Priscilla Springs, Courtroom Deputy, at (210) 472-6550 ext 5016, or priscilla_springs@txwd.uscourts.gov. If unable to reach Courtroom deputy and immediate assistance is required you may contact Chambers at (210) 472-5870.

Machine summary. Not checked yet. · Civil cases

Page 11 | Contacting the Court

Notify Priscilla Springs if evidentiary sentencing hearing is requested.

The parties are required to notify the Court if a evidentiary hearing is requested. Contact Priscilla Springs, Courtroom Deputy, at (210) 472-6550 ext 5016, or priscilla_springs@txwd.uscourts.gov.

Machine summary. Not checked yet. · Civil cases

Page 11 | Contacting the Court

Parties are prohibited from contacting the court during depositions.

May parties contact the court during depositions? No.

Machine summary. Not checked yet. · Civil cases

Page 11 | Contacting the Court

For emergencies, contact the Courtroom Deputy first; if unreachable, contact Chambers directly.

Contact Priscilla Springs, Courtroom Deputy, at (210) 472-6550 ext 5016, or priscilla_springs@txwd.uscourts.gov. If unable to reach Courtroom deputy and immediate assistance is required you may contact Chambers at (210) 472-5870.

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Page 11 | Contacting the Court

Make courtesy call to courtroom deputy and notify opposing party for expedited relief motions.

A courtesy call should be made to the courtroom deputy clerk and notice should be given to the opposing party of the fact of filing or notice of any hearing set.

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Page 11 | Contacting the Court

Parties must notify the court when an evidentiary sentencing hearing is requested.

The parties are required to notify the Court if a evidentiary hearing is requested. Contact Priscilla Springs, Courtroom Deputy, at (210) 472-6550 ext 5016, or priscilla_springs@txwd.uscourts.gov.

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Page 12 | Contacting the Court

Parties not filing dispositive motions must contact courtroom deputy to set trial date.

If parties elect not to file dispositive motions, they must contact the courtroom deputy on or before this deadline in order to set a trial date.

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Page 2 | Contacting courtroom deputy if no dispositive motions

Emergency contact: call Courtroom Deputy first, then Chambers

Please first call Priscilla Springs, Courtroom Deputy, at (210) 472-6550 ext 5016. If unable to reach Courtroom deputy and immediate assistance is required, you may contact Chambers at (210) 472-5870.

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Page 1 | Contacting the Court

Telephone conferences require permission one week in advance and are only for extraordinary circumstances.

Only in extraordinary circumstances and permission must be granted at least one week prior to hearing. Please contact Priscilla Springs at (210) 472-6550 ext 5016 or at priscilla_springs@txwd.uscourts.gov.

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Page 6 | Motions Practice

Agreed modifications approved at case start; multiple requests require hearing with good cause.

The Court will approve, in most instances, an agreed modification at the beginning of a case. However, if the court receives multiple requests a hearing will be set in order for counsel to show good cause why additional continuances are needed. If a continuance is not agreed to, the opposing party should file a response to any motion immediately.

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Page 12 | General Pretrial Matters

Withdrawn objections must be notified to court as soon as possible, not at sentencing hearing.

If any objections will be withdrawn prior to sentencing, counsel must notify the court as soon as possible, and are encouraged NOT to wait until the sentencing hearing to do so.

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Page 14 | Question 22

Must notify court of withdrawal of objections to presentence reports before sentencing.

The Court not being notified of withdrawal of objections to presentence investigation reports prior to a sentencing hearing.

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Page 21 | Tardiness

Contact Courtroom Deputy Priscilla Springs for scheduling matters

Contact Priscilla Springs, Courtroom Deputy, at (210) 472-6550 ext 5016, or priscilla_springs@txwd.uscourts.gov.

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Page 1 | Contacting the Court

Contact the Courtroom Deputy by phone or email for scheduling matters.

Contact Priscilla Springs, Courtroom Deputy, at (210) 472-6550 ext 5016, or priscilla_springs@txwd.uscourts.gov.

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Page 1 | Contacting the Court

Procedural questions may be directed to the Courtroom Deputy (potentially transferred to a Law Clerk); substantive inquiries are prohibited.

An attorney may address a procedural question that cannot be answered by the Federal Rules of Civil Procedure, Local Rules, or the Judge's Scheduling Order to the Courtroom Deputy. If the Courtroom Deputy is unable to answer your question you may be transferred to a Law Clerk. Please do not call the Judge's staff to inquire about substantive issues.

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Page 1 | Contacting the Court

Attorneys may contact the Courtroom Deputy to inquire about the status of motions.

Yes, you may contact Priscilla Springs, Courtroom Deputy, at (210) 472-6550 ext 5016.

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Page 2 | Contacting the Court

Contact Courtroom Deputy early to arrange Real Time reporting.

Contact should be made with the Courtroom Deputy as early as possible to determine if Real Time can be provided.

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Page 4 | Facilities and Technology

Contact Courtroom Deputy to arrange equipment testing and setup.

Please contact Priscilla Springs, Courtroom Deputy, at (210) 472-6550 ext 5016, or priscilla_springs@txwd.uscourts.gov to arrange equipment testing and setup.

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Page 5 | Facilities and Technology

Contact Priscilla Springs for status of motions in criminal cases.

Yes, you may contact Priscilla Springs, Courtroom Deputy, at (210) 472-6550 ext 5016, or priscilla_springs@txwd.uscourts.gov.

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Page 11 | Contacting the Court

Contact Priscilla Springs for general inquiries; she will direct to appropriate contact if needed.

Contact Priscilla Springs, Courtroom Deputy, at (210) 472-6550 ext 5016, or priscilla_springs@txwd.uscourts.gov. If further assistance is needed she will provide you with the appropriate contact information.

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Page 11 | Contacting the Court

The court prefers contact via email or phone to the Courtroom Deputy.

Contact Priscilla Springs, Courtroom Deputy, at (210) 472-6550 ext 5016, or priscilla_springs@txwd.uscourts.gov. If further assistance is needed she will provide you with the appropriate contact information.

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Page 11 | Contacting the Court

Status inquiries for criminal cases are permitted via phone or email to the Courtroom Deputy.

Yes, you may contact Priscilla Springs, Courtroom Deputy, at (210) 472-6550 ext 5016, or priscilla_springs@txwd.uscourts.gov.

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Page 12 | Contacting the Court

Court issues scheduling order immediately after case assignment.

A general scheduling order and trial date is entered by the Court immediately after the case has been assigned to the Court.

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Page 12 | General Pretrial Matters

Pleas and counsel motions routinely referred to Magistrate Judge; other matters referred case-by-case.

Pleas are routinely referred to a U.S. Magistrate Judge. Motions to withdraw counsel or substitution of counsel may be referred to a U.S. Magistrate Judge. The Court may refer various other criminal matters to a Magistrate Judge on a case by case basis.

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Page 12 | General Pretrial Matters

Telephone conferences arranged through courtroom deputy Priscilla Springs by phone or email; requesting party must state reason.

In certain circumstances. Please contact Priscilla Springs at (210) 472-6550 ext 5016 or at priscilla_springs@txwd.uscourts.gov. The requesting party must advise why a telephone conference is being requested. If approved by the Court the courtroom deputy will arrange the telephone conference with parties.

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Page 17 | Does the court allow telephone conferences for the resolution of motions or other matters?

About Senior United States District Judge David Alan Ezra

**Senior U.S. District Judge David Alan Ezra** was appointed by President Ronald Reagan in 1988. Judge Ezra served as Chief Judge of the U.S. District Court for the District of Hawaii from 1999 to 2005. He has served as an Adjunct Professor of Law at the William S. Richardson School of Law from 1978 to 2012, and has held leadership positions in the Federal Judges Association and the Judicial Conference of the United States. He received the Rosewood Gavel Award in 2007 and a Lifetime Achievement Award from the University of Hawaii in 2013. He served as a Commissioned Officer in the United States Army from 1971 to 1977. **Education** - St. Mary's University School of Law, J.D., 1972 (graduated first in class) **Career** - Senior U.S. District Judge, Western District of Texas (currently) - Chief Judge, U.S. District Court for the District of Hawaii (1999–2005) - U.S. District Judge, District of Hawaii (1988–present) - Managing Partner, Ezra, O'Connor, Moon & Tam (1981–1988) - Partner, Anthony, Hoddick, Reinwald & O'Connor (1976–1980) - Associate, Anthony, Hoddick, Reinwald & O'Connor (1972–1976) - Adjunct Professor of Law, William S. Richardson School of Law (1978–2012) - Commissioned Officer, U.S. Army (1971–1977)

**Courthouse:** 262 West Nueva Street, San Antonio, TX 78207 **Chambers Staff** - Courtroom Deputy: Ms. Priscilla Springs, (210) 472-6550 ext. 5016

Common questions about Judge David Alan Ezra's rules

Are courtesy copies required for Judge David Alan Ezra?

Courtesy-copy rule applies for emergency. Details: delivery upon filing. Courtesy copies required only for emergency motions or filings within 48 hours of hearing.

Does Judge David Alan Ezra require a pre-motion conference or letter before filing a motion?

The rule does not state that a pre-motion letter is required, but it sets the applicable pre-motion procedure. Letter briefs should not be submitted in civil cases.

View ruleSource: page 6, section Motions Practice

What page or word limits apply to dispositive motion before Judge David Alan Ezra?

Judge David Alan Ezra's rule states these limits: 20 pages. Dispositive motions limited to 20 pages, responses to 20 pages, replies to 10 pages.

View ruleSource: page 2, section Page limits for dispositive motions

What page or word limits apply to motion before Judge David Alan Ezra?

Judge David Alan Ezra's rule states these limits: 20 pages. Dispositive motions and responses are limited to 20 pages.

View ruleSource: page 2, section SCHEDULING ORDER

What formatting rules apply to filings before Judge David Alan Ezra?

Judge David Alan Ezra's formatting rule includes file format docx. Proposed jury instructions and verdict forms must be emailed in Microsoft Word format.

View ruleSource: page 9, section Electronic Submissions

What must be included with dispositive motion filings before Judge David Alan Ezra?

The rule requires caption, judge name, case number, and legal argument. Dispositive motions must be filed by a specific deadline.

View ruleSource: page 2, section Deadline for dispositive motions

What must be included with motion filings before Judge David Alan Ezra?

The rule requires caption, judge name, and case number. Requests for modification of scheduling orders must be made by motion

View ruleSource: page 2, section General Pretrial Procedures

How may parties contact Judge David Alan Ezra's chambers?

The rule addresses phone communications with Judge David Alan Ezra's chambers. The rule lists phone (210) 472-6550 ext 5016. TRO/expedited relief requires courtesy call to Courtroom Deputy and notice to opposing party

View ruleSource: page 2, section Contacting the Court

How do I request an adjournment or extension before Judge David Alan Ezra?

Advance notice is not fully stated in the structured details. The request must include reason for request and good cause. Motions to continue must be filed as early as possible with good cause shown.

View ruleSource: page 7, section Hearing and Trial Procedures
Complete rules summary for Judge David Alan Ezra

Dispositive motions limited to 20 pages, responses to 20 pages, replies to 10 pages.

Dispositive motions must be filed by a specific deadline.

Parties not filing dispositive motions must contact courtroom deputy to set trial date.

Hearing on dispositive motions scheduled after response/reply deadlines.

Dispositive motions and responses are limited to 20 pages.

Replies to dispositive motions are limited to 10 pages.

Replies to dispositive motions limited to 10 pages.

Responses to dispositive motions limited to 20 pages.

Local Rule CV-88 governs alternative dispute resolution procedures.

Contact Courtroom Deputy Priscilla Springs for scheduling matters

Emergency contact: call Courtroom Deputy first, then Chambers

TRO/expedited relief requires courtesy call to Courtroom Deputy and notice to opposing party

Requests for modification of scheduling orders must be made by motion

Court issues scheduling order requiring parties to confer and submit proposed order within 30 days

Initial disclosures must be exchanged but not filed with the court.

Removed cases require attachment of all state court documents and re-urging of prior motions.

Final pretrial conference held one week before trial to address motions in limine and exhibit objections.

Objections to witnesses, exhibits, and motions in limine must be submitted one week before pretrial conference or trial.

Parties must confer about charts and demonstrative exhibits before trial.

Contact Courtroom Deputy early to arrange Real Time reporting.

The court never requires courtesy copies of filings.

The court does not accept briefing beyond motion, response, and reply.

Letter briefs should not be submitted in civil cases.

Discovery extensions can be stipulated without court approval, but complaint extensions require agreed motion and order.

Motions must include citations to authorities and certificate of conference per Local Rules 7(d)(i) and 7(i).

Only water bottles permitted at counsel table; no other beverages allowed in courtroom.

All presentations must be made from the lectern, not counsel table.

Motions to continue must be filed as early as possible with good cause shown.

Trial days typically run 9:00 AM to 4:30 PM with lunch recess 12:00 PM to 1:30 PM.

Jury questionnaires permitted only in rare/exceptional circumstances with court-set deadlines.

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