Judge Orlando L. Garcia
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Upon request
Courtesy copies
- Not required
Adjournments
- No stipulation for extensions without motion and order.
- Contact Courtroom Deputy for trial continuance if dispositive motion pending.
- Court may grant trial continuance if unable to rule on dispositive motion before trial preparation; contact Courtroom Deputy.
- +2 more
Request must include
Communication
Chambers
Phone
Chambers
In Person
Court
Letter via ECF
Court
Page & Word Limits5 rules
Machine summary. Not checked yet.Mandatory?
Does the court depart from the page limits contained in the local rules? If so, by standing order or is a motion for leave of court and order required? Court allows 20 pages for motions, briefs and responses without leave of court, and 10 pages for replies without leave of court.
Summary: Court allows 20 pages for motions/briefs/responses and 10 pages for replies without leave.
20 pages
Applies to: Attorney
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Submissions shall comply with Local Court Rule CV-7 absent leave of court.
Summary: Page limits follow Local Rule CV-7 unless leave of court granted.
Machine summary. Not checked yet.Mandatory?
Yes, motion and order for leave of court is required.
Summary: Motion and order required for leave of court to exceed page limits.
Motion
Machine summary. Not checked yet.Mandatory?
Objections to magistrate judge recommendations must comply with the same page limits; e.g., if the recommendation relates to a dispositive motion, the objections (and any response thereto) shall be limited to 20 pages without leave of Court.
Summary: Objections to magistrate judge recommendations limited to 20 pages for dispositive motions.
Objection
20 pages
Applies to: Attorney
Machine summary. Not checked yet.Note?
Typically 15-20 minutes. Depends on the complexity of the case.
Summary: Opening statements in criminal cases typically given 15-20 minutes depending on case complexity.
Structured details unavailable. See the source text.
Document Format Requirements2 rules
Machine summary. Not checked yet.Important?
No chewing gum, no active cell phone use, and no beverages at counsel tables unless approved by the court. Counsel will question the witnesses from the lectern. Request permission to approach a witness or the bench. Do not approach the lectern or walk behind opposing counsel when opposing counsel is conducting direct or cross examination. Dress consistent with court decorum rules. Anyone addressing the court must stand.
Summary: Courtroom decorum rules prohibit gum, active cell phones, and beverages at counsel tables without approval; require standing when addressing court; specify lectern use and permission requirements.
Machine summary. Not checked yet.Note?
8:30 a.m. - 5:30 p.m. Two 15 min. breaks during the day. One hour for lunch. If the case runs behind schedule, the lunch break may be cut short and we may work past 5:30 p.m.
Summary: Court trial days typically run 8:30 a.m. - 5:30 p.m. with two 15-minute breaks and one-hour lunch.
Document Filing Requirements20 rules
Machine summary. Not checked yet.Mandatory?
Any Rule 12(b)(6) Motion filed without this Certificate of Conference will be stricken.
Summary: Rule 12(b)(6) motions without Certificate of Conference will be stricken.
Document Type
Rule 12(B)(6) Motion
Machine summary. Not checked yet.Mandatory?
The Rule 12(b)(6) Motion must include a Certificate of Conference expressly stating that the Defendant complied with this process and noting that the Plaintiff did not timely amend its pleading.
Summary: Rule 12(b)(6) motions must include a Certificate of Conference.
Document Type
Rule 12(B)(6) Motion
Machine summary. Not checked yet.Mandatory?
The Court may strike any non-dispositive motions that do not include a Certificate of Conference. See W.D. Tex. R. CV-7(g).
Summary: Non-dispositive motions without Certificate of Conference may be stricken.
Document Type
Non-Dispositive Motion
Machine summary. Not checked yet.Mandatory?
What is the court's procedure for requests for modification of scheduling orders? Parties shall file a motion with a proposed order.
Summary: File motion with proposed order to modify scheduling order.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
What is the court's procedure for issuance of scheduling orders in civil cases? Parties are to file a Joint Proposed Scheduling Order. If a Joint Proposed Scheduling Order is not submitted, the court will issue a scheduling order.
Summary: Parties must file joint proposed scheduling order.
Document Type
Scheduling Order
Machine summary. Not checked yet.Mandatory?
All discovery and dispositive motions. Preferably in the title of the motion, as well as a certificate of the conference held at the end of the motion.
Summary: Counsel must confer on all discovery and dispositive motions and include certificate of conference.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Communicated in writing to the Probation Officer only.
Summary: Objections to Presentence Investigation Report must be communicated in writing to Probation Officer only.
Document Type
Objection To Presentence Investigation Report
Machine summary. Not checked yet.Mandatory?
Yes. Please be specific as to the material you are seeking. Include a certificate of conference.
Summary: Discovery motions must specify material sought and include certificate of conference.
Document Type
Discovery Motion
Machine summary. Not checked yet.Mandatory?
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? Yes, motion and order for leave of court is required.
Summary: Additional briefing beyond motion/response/reply requires motion for leave.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
It is defense counsel’s responsibility to coordinate, prior to jury selection and/or trial, with the U.S. Marshals office or the Marshal's designee regarding the appropriate attire for a defendant to wear to court. It is unacceptable to this court for a defendant to appear in their jail clothing for jury selection and/or trial. Defense counsel is responsible for contacting family members or whomever they need to contact to assure this requirement is met.
Summary: Defense counsel must coordinate defendant's appropriate attire with U.S. Marshals before trial; jail clothing is unacceptable.
Document Type
Criminal Case
Machine summary. Not checked yet.Mandatory?
Yes, page/line designations and excerpts must be submitted with pretrial materials.
Summary: Deposition testimony excerpts with page/line designations required with pretrial materials.
Document Type
Deposition Testimony
Machine summary. Not checked yet.Mandatory?
Motions without a certificate of conference or proposed order.
Summary: Motions must include certificate of conference and proposed order.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Yes. Within 24 hours of being presented at trial.
Summary: Demonstratives must be exchanged within 24 hours of trial presentation.
Document Type
Demonstrative Exhibit
Machine summary. Not checked yet.Important?
Yes. Motions should contain specific and detailed factual allegations, and not general assertions. Refer to the applicable law.
Summary: Motions to suppress must contain specific factual allegations, not general assertions.
Document Type
Motion To Suppress
Machine summary. Not checked yet.Important?
Only in very complicated cases. The proposed questionnaire should be submitted to the court as soon as possible.
Summary: Jury questionnaires permitted only in very complicated cases; submit proposed questionnaire as soon as possible.
Document Type
Jury Questionnaire
Machine summary. Not checked yet.Note?
Does the court require that the parties in civil cases file their initial disclosures? No, pursuant to the Federal Rules of Civil procedure the parties are to exchange them.
Summary: Initial disclosures are exchanged, not filed.
Document Type
Initial Disclosure
Machine summary. Not checked yet.Note?
Yes.
Summary: Parties may leave exhibits and equipment in the courtroom overnight.
Document Type
Exhibits
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All exhibits are returned to the parties once the trial has ended. An exhibits receipt is signed by the appropriate party.
Summary: All exhibits are returned to parties after trial ends, with an exhibits receipt signed by the appropriate party.
Document Type
Exhibits
Machine summary. Not checked yet.Note?
Only if the court specifically requests. If such a request is made, the court will advise regarding the format to be used.
Summary: Electronic versions of jury instructions, verdict forms, or findings of fact and conclusions of law are only accepted if the court specifically requests and will advise on format.
Document Type
Jury Instructions
Machine summary. Not checked yet.Note?
No.
Summary: No letter briefs accepted in civil cases.
Document Type
Letter Brief
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies only when specifically requested.
When (if ever) does the court want a courtesy copy of a filing? Only when specifically requested.
Machine summary. Not checked yet. · Civil cases
Page 13 | Motions Practice
Courtesy copies only when specifically requested.
Only when specifically requested.
Machine summary. Not checked yet. · Civil cases
Sealing & Redaction Procedures
Sealing requires motion with authority; redaction preferred over sealing.
Generally, the Court disfavors motions to maintain filings under seal and expects parties to draft such submissions in a manner that does not disclose confidential information. W.D. Tex. R. CV-5.2(b). Redaction is preferable to sealing a case or a particular filing. Even when filing a document under seal may be warranted, it is better for the sealed document to be an exhibit rather than the entire filing. If a party wishes to file a pleading, motion, or exhibit under seal, the party must first obtain leave of court by motion with citations to authority in support of filing under seal. The item will be admitted under seal if the court deems such filing to be necessary.
Machine summary. Not checked yet. · Civil cases
Page 2 | GENERAL
Pre-Motion Conference Requirements
Witnesses must testify remotely via motion filed at least 7 business days prior, with equipment testing and technical support coordinated.
Parties seeking to have a witness testify at an evidentiary hearing or trial via Zoom or other remote means must file a motion seeking the court’s permission, and stating the reasons why the witness cannot testify in person, at least seven business days prior to the commencement of the hearing or trial. If the court grants permission, counsel will be responsible for contacting Natasha Martinez to coordinate a time in advance of the hearing or trial to test equipment. Counsel will also be responsible for providing the witness with copies of any non-admitted exhibits counsel anticipates offering and ensuring that the witness is provided appropriate technical support during their testimony.
Machine summary. Not checked yet. · Civil cases
Motion required 7 business days before trial for remote witness testimony.
Parties seeking to have a witness testify at an evidentiary hearing or trial via Zoom or other remote means must file a motion seeking the court’s permission, and stating the reasons why the witness cannot testify in person, at least seven business days prior to the commencement of the hearing or trial.
Machine summary. Not checked yet. · Civil cases
Standing order governs additional motion rules.
Yes. See Standing Order in Civil Cases Assigned to Judge Garcia.
Machine summary. Not checked yet. · Civil cases
Summary judgment motions disfavored in FTCA and bench trial cases; limited to legal issues.
Motions for summary judgment are highly disfavored in any case in which the Court will serve as the factfinder and in any case asserting a cause of action under the Federal Tort Claims Act in which parties do not have a right to a jury trial under 28 U.S.C. § 2402 and Carlson v. Green, 446 U.S. 14, 22 (1980). Consequently, the basis for any motion for summary judgment in these cases should be restricted to purely legal issues (e.g., whether a legal duty exists, the affirmative defense of statute of limitations, or failure to exhaust administrative remedies).
Machine summary. Not checked yet. · Civil cases
Page 2 | FEDERAL TORT CLAIMS ACT AND BENCH TRIALS
Adjournment & Extension Requirements
Motion and proposed order required for continuing criminal trials; file as soon as possible; unopposed motions ruled immediately.
Motion and proposed order required. File motion as soon as possible. If motion is unopposed, the court will rule immediately otherwise the court may wait for other side to respond.
Machine summary. Not checked yet. · Civil cases
Page 16 | Trial Procedures
Motion and proposed order required for trial continuances; file as soon as possible.
Motion and proposed order required. File motion as soon as possible. If motion is unopposed, the court will rule immediately; otherwise, the court may wait for the opposing party to respond.
Machine summary. Not checked yet. · Civil cases
Court may grant trial continuance if unable to rule on dispositive motion before trial preparation; contact Courtroom Deputy.
Depends on circumstances; contact Natasha Martinez, Courtroom Deputy, if this occurs. Our goal is to get the dispositive motions ruled on prior to trial.
Machine summary. Not checked yet. · Civil cases
Page 16 | Trial Procedures
No stipulation for extensions without motion and order.
No.
Machine summary. Not checked yet. · Civil cases
Contact Courtroom Deputy for trial continuance if dispositive motion pending.
Depends on circumstances; contact Natasha Martinez, Courtroom Deputy, if this occurs. Our goal is to get the dispositive motions ruled on prior to the deadline for filing pretrial materials.
Machine summary. Not checked yet. · Civil cases
Dispositive motions ruled on as soon as possible.
The court rules on dispositive motions as soon as possible.
Machine summary. Not checked yet. · Civil cases
Chambers Communication Rules
Call Natasha Martinez for emergencies.
How does the court prefer attorneys to contact the court in an emergency? Call Natasha Martinez, Courtroom Deputy, (210) 472-6550 Ext. 5020 or Natasha_Martinez@txwd.uscourts.gov.
Machine summary. Not checked yet. · Civil cases
Page 1 | Contacting the Court
Parties cannot contact the court during depositions.
May parties contact the court during depositions? No.
Machine summary. Not checked yet. · Civil cases
Page 1 | Contacting the Court
File motion for expedited hearing, then contact Natasha Martinez.
What procedures should be followed to request an expedited hearing in a civil case? File a motion requesting an expedited hearing, then contact Natasha Martinez, Courtroom Deputy.
Machine summary. Not checked yet. · Civil cases
Page 2 | Contacting the Court
In emergencies, call or email Courtroom Deputy Natasha Martinez.
How does the court prefer attorneys to contact the court in an emergency? Call Natasha Martinez, Courtroom Deputy, (210) 472-6550 Ext. 5020 or Natasha_Martinez@txwd.uscourts.gov.
Machine summary. Not checked yet. · Civil cases
Counsel must address court from lectern.
The lectern.
Machine summary. Not checked yet. · Civil cases
Strict courtroom decorum rules: no gum, phones, beverages; stand when addressing court.
No chewing gum, no active cell phone use, and no beverages at counsel tables unless approved by the court. Counsel will question the witnesses from the lectern. Request permission to approach a witness or the bench. Do not approach the lectern or walk behind opposing counsel when opposing counsel is conducting direct or cross examination. Dress consistent with court decorum rules. Anyone addressing the court must stand.
Machine summary. Not checked yet. · Civil cases
Law clerks cannot be contacted directly except in emergencies.
May the court's law clerks be contacted directly? If so, under what circumstances? No. Exception: Only in an emergency when Courtroom Deputy, Natasha Martinez, cannot be reached.
Machine summary. Not checked yet. · Civil cases
Page 1 | Contacting the Court
Do not contact court about motion status unless circumstances change.
Is it permissible to contact the court regarding the status of motions in a civil case? If so, should the law clerk or the courtroom deputy be contacted? No, unless there has been a change of circumstances; if that occurs contact Natasha Martinez, Courtroom Deputy.
Machine summary. Not checked yet. · Civil cases
Page 2 | Contacting the Court
Parties must notify court ahead of time when using deposition testimony by agreement without witness unavailability.
The parties should notify the court ahead of time of a circumstance such as this. Contact Natasha Martinez, Courtroom Deputy.
Machine summary. Not checked yet. · Civil cases
Page 16 | Trial Procedures
Do not call chambers to check motion status.
Lawyers should not call chambers to request the status of motions.
Machine summary. Not checked yet. · Civil cases
Law clerks cannot be contacted directly except in emergencies when deputy is unreachable.
May the court's law clerks be contacted directly? If so, under what circumstances? No. Exception: Only in an emergency when Courtroom Deputy, Natasha Martinez, cannot be reached.
Machine summary. Not checked yet. · Civil cases
Court recommends early arrival or scheduling visit to test technology.
The court highly recommends arriving early or scheduling a visit to ensure all technology is functional in the room prior to a given proceeding.
Machine summary. Not checked yet. · Civil cases
In criminal cases, call Courtroom Deputy to check motion status.
Is it permissible to contact the court regarding the status of motions in a criminal case? If so, should the law clerk or the courtroom deputy be contacted? Yes. Call Natasha Martinez, Courtroom Deputy.
Machine summary. Not checked yet. · Civil cases
Pet peeves include calling for motion status, missing certificates of conference/proposed orders, excessive discovery disputes, courtesy copies, and delayed hearings due to lack of party confer.
Lawyers should not call chambers to request the status of motion. Motions without a certificate of conference or proposed order. Excessive discovery disputes. Courtesy copies. Trials/hearings unnecessarily delayed because of the parties’ failure to confer with each other or the court.
Machine summary. Not checked yet. · Civil cases
Contact Natasha Martinez by email for court matters.
May the court be contacted by e-mail or fax? If so, what is the address or number? You may contact Natasha Martinez, Courtroom Deputy, by email Natasha_Martinez@txwd.uscourts.gov.
Machine summary. Not checked yet. · Civil cases
Page 1 | Contacting the Court
No telephone conferences allowed for motions.
No.
Machine summary. Not checked yet. · Civil cases
Contact Natasha Martinez to arrange technology use.
Contact Natasha Martinez, Courtroom Deputy, prior to date needed.
Machine summary. Not checked yet. · Civil cases
Attorneys may use internet during trial; contact Natasha Martinez for access.
Yes; attorneys may use the internet during trial if necessary. For information on access contact Natasha Martinez, Courtroom Deputy at (210) 472-6550 Ext. 5020 or Natasha_Martinez@txwd.uscourts.gov.
Machine summary. Not checked yet. · Civil cases
Contact Courtroom Deputy Natasha Martinez via email for court matters.
May the court be contacted by e-mail or fax? If so, what is the address or number? You may contact Natasha Martinez, Courtroom Deputy, at Natasha_Martinez@txwd.uscourts.gov.
Machine summary. Not checked yet. · Civil cases
File expedited motion, then contact Courtroom Deputy.
What procedures should be followed if a party expects to be filing a motion for expedited relief? File the motion, then contact Natasha Martinez, Courtroom Deputy.
Machine summary. Not checked yet. · Civil cases
Parties may bring own equipment; contact Natasha Martinez to arrange.
Yes. Contact Natasha Martinez, Courtroom Deputy, prior to date needed.
Machine summary. Not checked yet. · Civil cases
File motion for expedited hearing, then contact Courtroom Deputy.
What procedures should be followed to request an expedited hearing in a criminal case? File a motion requesting an expedited hearing, then contact Natasha Martinez, Courtroom Deputy.
Machine summary. Not checked yet. · Civil cases