Western District of Texas Service and Proof of Service Rules

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

Unless excused by the Court, motions requiring service under statute or rule must be served on all parties and may be served through CM/ECF.

Unless excused by the Court, any motion under paragraph 2(a) for which service would be required by statute or rule shall be served on all parties. Motions requiring service may be served using the Court's CM/ECF system.

Checked against the court's document on Oct 4, 2026CRITICAL

Service

Mail to all parties

An Order containing highly sensitive information will be securely maintained by the Clerk's office, and paper copies will be served on the parties by regular mail.

If a Court's Order contains highly sensitive information, the Clerk's office will file and maintain the Order in a secure paper filing system or a secure standalone computer system that is not connected to any network and will serve paper copies of the Order on the parties via regular mail.

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

Civil cases

No later than seven days before the CMC, the plaintiff must serve a Preliminary Infringement Contentions chart and identify and produce the specified claim-related information and documents.

Not later than seven days before the CMC: the Plaintiff shall serve a Preliminary Infringement Contentions chart setting forth where, in the accused product(s), each element of the asserted claim(s) is found. The plaintiff must identify the priority date (i.e., the earliest date of invention) for each asserted claim and produce: (1) all documents evidencing conception and reduction to practice for each claimed invention; and (2) a copy of the file history for each patent in suit.

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

Civil cases

Seven weeks after the CMC, the Defendant must serve preliminary invalidity contentions containing the specified prior-art chart and identifications.

Seven weeks after the CMC: the Defendant shall serve preliminary invalidity contentions in the form of: (1) a chart setting forth where in the prior art references each element of the asserted claim(s) are found; (2) an identification of any limitations the Defendant contends are indefinite or lack written description under § 112; and (3) an identification of any claims the Defendant contends are directed to ineligible subject matter under § 101.

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

Civil cases

Deadline

2 calendar days

Exhibits must be exchanged with opposing parties at least two weeks before the final pretrial conference.

Exhibits must be exchanged with opposing parties at least two weeks prior to the final pretrial conference.

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

Civil cases

Deadline

14 calendar days

Applies to

Depositions

Counsel must provide the Courtroom Deputy copies of all depositions to be used as exhibits at least 14 days before the final pretrial conference.

At least fourteen days prior to the final pretrial conference, counsel must provide Magda Muzza, the Courtroom Deputy, with a copy of all depositions to be used as exhibits.

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

Civil cases

Plaintiff must serve any defendant who has not yet been served, including the removing defendant, under Rule 4.

If any Defendant has not yet been served (including the removing Defendant), Plaintiff must serve them pursuant to Rule 4.

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

Civil cases

Deadline

24 hours

For jury trials, parties should exchange demonstrative aids no later than 24 hours before use.

To avoid bench conferences in a jury trial, no later than 24 hours prior to its use, the parties should exchange any item it intends to use in the presence of the jury as a demonstrative aid, regardless whether the party intends to move for its admission.

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

Civil cases

Before the final pretrial conference, counsel must exchange and provide the Courtroom Deputy the names of witnesses expected to testify by deposition.

Prior to the final pretrial conference, counsel must exchange and provide Magda Muzza, the Courtroom Deputy, the name(s) of any witness(es) whose testimony is expected to be presented by deposition.

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

Civil cases

Failure to serve a defendant timely may result in dismissal under Rule 4(m).

Failure to timely serve a defendant may result in dismissal pursuant to Rule 4(m).

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Deadline

7 calendar days ?

Objections to the admissibility of any exhibits must be exchanged and submitted 7 days before the final pretrial conference.

Summary: Exhibit admissibility objections must be exchanged and submitted seven days before the final pretrial conference.

Not confirmed. Read the court's wording below.CRITICAL?

Deadline

14 calendar days ?

Service

Mail to opposing party ?

You must file your response papers with the Clerk of the Court and mail a copy to the defendant's counsel within fourteen (14) days of the filing of the defendant's motion with the Clerk of the Court.

Summary: Pro se litigants must mail a copy of their response papers to the defendant's counsel within 14 days after the motion is filed.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

3 calendar days ?

Applies to

Demonstrative exhibits

Service

Other ?

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.

Summary: Parties must exchange demonstratives at least 3 days before the Final Pretrial Conference.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

After docket call, if not earlier, and before jury selection and trial.

Summary: Exhibits and objections must be exchanged and filed after docket call, if not earlier, and before jury selection and trial.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Written objections should be sent to the Probation Officer.

Summary: Written objections to the Presentence Investigation Report should be sent to the Probation Officer.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Notice should be given to the opposing party of the timing of the expected filing.

Summary: Give the opposing party notice of the expected filing’s timing when seeking a temporary restraining order or other expedited relief.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Rule 4 applies to a civil action after it is removed from state court.

Summary: Rule 4 applies to service of process in a civil action after removal from state court.