Judge Richard B. Farrer
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Not required
Adjournments
- A continuance must be requested by filing a motion.
- Extension motions filed at the last minute or after deadlines have expired are disfavored.
- Parties should file an agreed motion for extensions of time, even if the extension does not affect other pretrial dates.
- +2 more
Request must include
- Motion for continuance must be filed promptly with specific required elements.
Request must include
Communication
Chambers
Phone
Chambers
Phone
Chambers
Phone
Chambers
Page & Word Limits2 rules
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? Briefing beyond the motion, response, and reply is heavily disfavored. Parties should seek leave before filing such briefing, and such briefing may be struck if filed without prior leave.
Summary: Briefing beyond motion/response/reply is heavily disfavored and may be struck without leave.
Machine summary. Not checked yet.Important?
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? To get this relief, file a motion requesting leave to exceed page limits. That said, the Court values brevity and clarity.
Summary: Exceeding page limits requires a motion for leave; court values brevity.
Document Format Requirements1 rule
Machine summary. Not checked yet.Note?
I prefer when citations and other matters are included in the body of a document’s text, as opposed to a footnote. That said, a string citation is fine in a footnote.
Summary: Citations preferred in body text, string citations acceptable in footnotes.
Document Filing Requirements18 rules
Machine summary. Not checked yet.Mandatory?
Parties should confer and then file an Agreed Motion for Modification of Scheduling Order. If the modification is not agreed, the moving party should note that in the required Certificate of Conference. Please include a proposed order that includes the new deadline(s) requested.
Summary: Motions to modify scheduling orders must include a proposed order with new deadlines and, if not agreed, a certificate of conference.
Document Type
Motion For Modification Of Scheduling Order
Machine summary. Not checked yet.Mandatory?
When relief is required from the Court, including regarding scheduling, a motion should be filed with the Court.
Summary: Motions required for any relief from the court, including scheduling matters.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Yes, please. File an Advisory notifying the Court. If the resolution of the contested motion is time sensitive, please also call chambers to advise of the situation.
Summary: File Advisory when contested motion is resolved; call chambers if time sensitive.
Document Type
Advisory
Machine summary. Not checked yet.Mandatory?
If counsel requires an expedited hearing in a civil case, file an appropriate motion and contact chambers to alert the Court of the situation. Any motion should explain the need for expedited relief and the deadline(s) by which it is requested.
Summary: For expedited hearings, file motion explaining need and deadlines, then contact chambers.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Yes, but only by agreement of all parties. This should be addressed well before trial.
Summary: Deposition testimony use by agreement requires all parties' consent well before trial.
Document Type
Deposition Testimony
Machine summary. Not checked yet.Mandatory?
A party intending to present testimony by deposition should provide deposition excerpts to the Court during the trial for the record.
Summary: Deposition excerpts must be provided to Court during trial for the record.
Document Type
Deposition Excerpts
Machine summary. Not checked yet.Mandatory?
Yes. Parties should exchange demonstratives prior to using them in trial. Typically, parties should do so at least 3 days prior to the Final Pretrial Conference, so that if any objections or issues are raised about the demonstrative exhibit, they can be timely addressed.
Summary: Demonstratives must be exchanged at least 3 days before Final Pretrial Conference.
Document Type
Demonstratives
Machine summary. Not checked yet.Important?
If counsel requires an expedited hearing in a civil case, file an appropriate motion and contact the Court to alert the Court of the situation. Any motion should explain the need for expedited relief and the deadline(s) by which it is requested. Requests for an expedited hearing should be reserved for emergency situations only.
Summary: Expedited hearings require a motion explaining the need and deadlines, plus contacting the Court; such requests are reserved for emergencies only.
Document Type
Motion
Machine summary. Not checked yet.Important?
Yes, please. File an Advisory notifying the Court. If the resolution of the contested motion is time sensitive, please also call the Courtroom Deputy at (210) 244-5012 to advise of the situation.
Summary: Parties must file an Advisory notifying the Court when a contested motion is resolved, and call the Courtroom Deputy if time sensitive.
Document Type
Advisory
Machine summary. Not checked yet.Important?
A party intending to present testimony by deposition should provide deposition excerpts to the Court during the trial for the record.
Summary: Parties presenting deposition testimony must provide deposition excerpts to the Court during trial for the record.
Document Type
Deposition Excerpts
Machine summary. Not checked yet.Important?
Please include a certificate of conference in motions that require one.
Summary: Motions that require a certificate of conference must include one.
Document Type
Motion
Machine summary. Not checked yet.Important?
Please include a certificate of conference in motions that require one.
Summary: Certificate of conference required for motions that require one.
Document Type
Motion
Machine summary. Not checked yet.Important?
Please don’t ascribe motives to the opposing party or counsel if there’s no legitimate need or basis to do so.
Summary: Avoid ascribing motives to opposing party or counsel without legitimate basis.
Document Type
Motion
Machine summary. Not checked yet.Note?
A request for sanctions should be reserved for appropriately egregious behavior. The Court will impose sanctions when appropriate under the rules but strongly disfavors the strategic filing of such motions.
Summary: Sanctions motions should only be filed for egregious behavior; the Court disfavors strategic sanctions filings.
Document Type
Sanctions Motion
Machine summary. Not checked yet.Note?
Scheduling orders typically will follow the guidelines of the District Judge to whom the case is assigned. An Initial Pretrial Conference will typically be held in all consent cases as well as all newly referred cases. Depending on the scheduling recommendations and timing of the Initial Pretrial Conference, a Scheduling Order may be entered ahead of the Initial Pretrial Conference or after scheduling is discussed with the parties during it.
Summary: Scheduling orders follow district judge guidelines; initial pretrial conference in all consent and newly referred cases.
Document Type
Scheduling Order
Machine summary. Not checked yet.Note?
The Court typically will request scheduling recommendations from the parties and issue an order based on those recommendations. If scheduling recommendations aren't submitted, the Court will enter a scheduling order with dates deemed appropriate by the Court.
Summary: Court requests scheduling recommendations; if none submitted, court sets dates.
Document Type
Scheduling Recommendations
Machine summary. Not checked yet.Note?
Does the Court prefer copies of cases attached to briefs or motions? If so, are copies from electronic databases acceptable? Does the court prefer pertinent provisions of the cases to be highlighted? Copies of cases need not be attached to briefs or motions. Copies of especially important cases may be brought to Court for hearings, with extra copies for opposing counsel and the Law Clerk.
Summary: Copies of cases need not be attached to briefs or motions; important cases may be brought to hearings with extra copies.
Document Type
Brief
Machine summary. Not checked yet.Note?
Does the Court accept letter briefs in civil cases? If so, are there circumstances in which the Court prefers letter briefs? Not typically. If this type of briefing is appropriate, the Court will so direct the parties.
Summary: Letter briefs are not typically accepted; court will direct if appropriate.
Document Type
Letter Brief
Filing & Service rules
Filing Timing and Cure Windows
Ex parte criminal submissions cannot be withdrawn, amended, or revised without a corresponding docket entry.
It is Judge Farrer’s view that once such matters are submitted electronically to the Court, they cannot be withdrawn, amended, or revised without reflecting such on the docket.
Machine summary. Not checked yet. · Criminal cases
Page 1 | STANDING ORDER REGARDING EX PARTE FILINGS DURING CRIMINAL DUTY BEFORE U.S. MAGISTRATE JUDGE RICHARD B. FARRER
A motion for leave to use jury questionnaires must be filed at least seven days before trial.
Jury questionnaires should be provided by a motion for leave filed at least seven days before the trial commences.
Machine summary. Not checked yet. · Civil cases
Page 8 | Hearing and Trial Procedures
Clerk must docket ex parte criminal submissions after review, approval, and signature by Judge Farrer.
It is ORDERED that the Clerk is DIRECTED to place on the docket any such submission once it has been reviewed, approved, and signed by Judge Farrer.
Machine summary. Not checked yet. · Criminal cases
Page 1 | STANDING ORDER REGARDING EX PARTE FILINGS DURING CRIMINAL DUTY BEFORE U.S. MAGISTRATE JUDGE RICHARD B. FARRER
Rejected or superseded ex parte criminal submissions must be docketed with a designation indicating the reason (rejected, withdrawn, superseded, or amended).
if any such submission is rejected as deficient by the Clerk’s Office or is not approved by Judge Farrer for any subsequent amended, altered, or revised submission(s). If a matter requiring the Court’s signature is replaced by a subsequent submission before it is approved and signed by Judge Farrer, the superseded submission SHALL be placed on the docket with an appropriate docket designation reflecting that it has been rejected as deficient by the Clerk’s Office, withdrawn, superseded, or amended.
Machine summary. Not checked yet. · Criminal cases
Page 2 | STANDING ORDER REGARDING EX PARTE FILINGS DURING CRIMINAL DUTY BEFORE U.S. MAGISTRATE JUDGE RICHARD B. FARRER
Service and Proof of Service Rules
Parties must exchange demonstratives at least 3 days before the Final Pretrial Conference.
Parties should exchange demonstratives prior to using them in trial. Typically, I require parties to do so at least 3 days prior to the Final Pretrial Conference, so that if any objections or issues are raised about demonstrative exhibits, they can be timely addressed.
Machine summary. Not checked yet. · Civil cases
Page 8 | Hearing and Trial Procedures
Courtesy Copy Requirements
Courtesy copies of filings are not required by the Court.
Not necessary.
Machine summary. Not checked yet. · Civil cases
Page 5 | Motions Practice
Courtesy copies are not required for any filings.
When (if ever) does the Court want a courtesy copy of a filing? Not necessary.
Machine summary. Not checked yet.
Page 5 | Motions Practice
Pre-Motion Conference Requirements
Parties must make a good-faith effort to confer on contested non-dispositive motions, including in-person or telephonic attempts, often more than one or two attempts.
Please make a good faith effort to confer on contested non-dispositive motions. This means trying to speak in person or telephonically about the matters in question, and it often requires more than one or even two attempts.
Machine summary. Not checked yet. · Civil cases
Page 10 | Miscellaneous
Jury questionnaires require motion for leave filed 7 days before trial.
Jury questionnaires should be provided by a motion for leave filed at least seven days before the trial commences.
Machine summary. Not checked yet.
Additional briefing beyond the motion, response, and reply requires leave of Court.
Only with leave of Court, will I typically accept briefing on motions beyond the motion, response, and reply. Keep in mind that, consistent with the W.D. Tex. Local Rules, I may rule any time after a response is filed.
Machine summary. Not checked yet. · Civil cases
Page 6 | Motions Practice
Good faith conference required on contested nondispositive motions.
Please make a good faith effort to confer on contested nondispositive motions. This means trying to speak in person or telephonically about the matters in question, and it often requires more than one or even two attempts. Many contested motions haven’t been properly discussed before the motion gets filed.
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Page 10 | Pet Peeves
Adjournment & Extension Requirements
Counsel must file a motion to continue a civil trial as soon as possible and include whether it is opposed, the reasons, and the length of additional time requested.
I ask that counsel file a motion for continuance in a civil trial as soon as possible. In the motion, please include whether the continuance is unopposed or opposed, the reason(s) for the requested continuance, and the length of additional time requested.
Machine summary. Not checked yet. · Civil cases
Page 7 | Hearing and Trial Procedures
Motion for continuance must be filed promptly with specific required elements.
A motion for continuance in a civil trial should be filed as soon as possible. In the motion, please include whether the continuance is unopposed or opposed, the reason(s) for the requested continuance, and the length of additional time requested.
Machine summary. Not checked yet.
A continuance must be requested by filing a motion.
If you need a continuance, please file a motion.
Machine summary. Not checked yet. · Civil cases
Page 1 | Contacting the Court
Extension motions filed at the last minute or after deadlines have expired are disfavored.
Even agreed motions can be denied. Extension motions filed at the last minute or after deadlines have expired are disfavored.
Machine summary. Not checked yet. · Civil cases
Page 3 | Procedures Specific to Civil Cases
Parties should file an agreed motion for extensions of time, even if the extension does not affect other pretrial dates.
It’s best for the parties in civil cases to agree to extensions of time by filing an agreed motion, even if the extension doesn’t affect other pretrial dates.
Machine summary. Not checked yet. · Civil cases
Page 6 | Motions Practice
Extensions of time should be by agreed motion, not stipulation, even if they don't affect other dates.
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. It’s best for the parties in civil cases to agree to extensions of time by filing an agreed motion, even if the extension doesn’t affect other pretrial dates.
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Page 6 | Motions Practice
Chambers Communication Rules
Opposing counsel must be copied on all correspondence with court except ex parte mediation statements.
Other than when submitting ex parte mediation statements, opposing counsel should generally be copied on all correspondence with the Court.
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Page 1 | Contacting the Court
Parties may contact court during depositions in emergencies at (210) 472-6357.
Yes, in emergencies parties can call chambers at: (210) 472-6357.
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Page 2 | Contacting the Court
Emergency contact number for civil matters is (210) 472-6357.
In a true emergency concerning a civil matter, call chambers at: (210) 472-6357.
Machine summary. Not checked yet.
Page 2 | Contacting the Court
Contact chambers early when filing motions for temporary restraining orders or expedited relief.
Please contact chambers as early in the process as possible.
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Page 2 | Contacting the Court
Direct contact with Court staff or Law Clerks is only appropriate when initiated or expressly authorized by the Court.
It's rare that direct contact with Court staff, including my Law Clerks, will be appropriate. When such contact is warranted, it will be initiated or expressly authorized by the Court.
Machine summary. Not checked yet. · Civil cases
Page 1 | Contacting the Court
Court staff must not be contacted about substantive matters or ruling timing; relief must be sought by motion.
Please note that Court staff should not be contacted regarding substantive matters, including questions about the timing of rulings. If relief is requested from the Court, including regarding scheduling, a motion should be filed.
Machine summary. Not checked yet. · Civil cases
Page 1 | Contacting the Court
Opposing counsel should generally be copied on all correspondence with the Court, except ex parte mediation statements.
Other than when submitting ex parte mediation statements, opposing counsel should generally be copied on all correspondence with the Court.
Machine summary. Not checked yet. · Civil cases
Page 1 | Contacting the Court
Do not email or call to inquire about rulings or their timing; the Court may be contacted by email at TXWDml_Chambers_SA_JudgeFarrer@txwd.uscourts.gov when necessary.
Please don't email (or call) to inquire about anticipated rulings or their timing. When necessary, I may be contacted through TXWDml_Chambers_SA_JudgeFarrer@txwd.uscourts.gov
Machine summary. Not checked yet. · Civil cases
Page 1 | Contacting the Court
Court staff cannot advise parties on the status of motions or when a ruling will issue.
Not typically. Court staff cannot advise parties when a ruling will issue.
Machine summary. Not checked yet. · Civil cases
Page 2 | Contacting the Court
Court staff cannot discuss substantive matters with counsel or parties.
Please note that court staff should not be contacted regarding substantive matters. Court staff have been instructed not to discuss substantive matters with counsel or parties.
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Page 1 | Contacting the Court
Email prohibited for inquiring about anticipated rulings or timing.
Please don't email to inquire about anticipated rulings or their timing.
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Page 1 | Contacting the Court
Court staff cannot advise parties about timing of rulings.
Not typically. Court staff cannot advise parties when a ruling will issue in a case.
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Page 2 | Contacting the Court
Scheduling matters are handled by calling (210) 244-5012.
The phone number to call for scheduling matters is: (210) 244-5012.
Machine summary. Not checked yet. · Civil cases
Page 1 | Contacting the Court
Counsel must contact the Court to alert it when requesting an expedited hearing, which is reserved for emergencies only.
If counsel requires an expedited hearing in a civil case, file an appropriate motion and contact the Court to alert the Court of the situation. Any motion should explain the need for expedited relief and the deadline(s) by which it is requested. Requests for an expedited hearing should be reserved for emergency situations only.
Machine summary. Not checked yet. · Civil cases
Page 2 | Contacting the Court
If resolution of a contested motion is time sensitive, parties must call the Courtroom Deputy at (210) 244-5012.
Yes, please. File an Advisory notifying the Court. If the resolution of the contested motion is time sensitive, please also call the Courtroom Deputy at (210) 244-5012 to advise of the situation.
Machine summary. Not checked yet. · Civil cases
Page 2 | Contacting the Court
Parties may contact the Court during depositions in true emergencies by calling (210) 244-5012.
Yes, in true emergencies parties can call: (210) 244-5012.
Machine summary. Not checked yet. · Civil cases
Page 2 | Contacting the Court
In a true emergency concerning a civil matter, call (210) 244-5012.
In a true emergency concerning a civil matter, call: (210) 244-5012.
Machine summary. Not checked yet. · Civil cases
Page 2 | Contacting the Court
Contact the Court as early as possible when expecting to file a TRO or other expedited relief, by calling (210) 244-5012.
Please contact the Court as early in the process as possible. Call (210) 244-5012.
Machine summary. Not checked yet. · Civil cases
Page 2 | Contacting the Court