Judge Xavier Rodriguez
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Emergency Motions
- Upon Filing
Adjournments
- Extensions to answer complaint require agreed motion; discovery extensions can be stipulated.
- Trial date modification requests must be in writing before discovery deadline.
- Trial date modification requests must be in writing with opposing counsel conference.
- +3 more
Request must include
- Case dismissal for want of prosecution after 90 days without service.
Communication
Chambers, Courtroom Deputy
Phone
Chambers, Courtroom Deputy
Phone
Chambers
Phone
Chambers
Phone
Letter via ECF
Chambers
Phone
Chambers
Other
Chambers
Page & Word Limits4 rules
Machine summary. Not checked yet.Mandatory?
Without leave of Court, any brief or memorandum less than 30 pages may be submitted.
Summary: Briefs/memoranda under 30 pages may be submitted without leave of court.
Brief
30 pages
Applies to: Attorney
Machine summary. Not checked yet.Important?
Any brief or memorandum less than 30 pages may be submitted.
Summary: Briefs/memoranda under 30 pages may be submitted without leave.
Brief
30 pages
Applies to: Attorney
Machine summary. Not checked yet.Note?
Counsel are normally afforded 20-30 minutes per side to make an opening statement.
Summary: Opening statements typically allowed 20-30 minutes per side.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Note?
The Judge will conduct the principal voir dire. Attorneys may submit written questions in advance. On completion of the general voir dire, the Judge typically allows attorneys to ask follow-up questions (a time limit of 20 minutes per side is usually imposed).
Summary: Judge conducts principal voir dire; attorneys get 20 minutes for follow-up questions.
Structured details unavailable. See the source text.
Document Format Requirements10 rules
Machine summary. Not checked yet.Mandatory?
Exhibits are to be placed in three-ring binders. The binders should be labeled with the style of the case, case number, and whether the binder is 'Plaintiff's Exhibit Notebook' or 'Defendant's Exhibit Notebook.' The first page in the binder should have the style of the case, case number, and 'Plaintiff's/Defendant's Exhibit Notebook.' The next page should be the exhibit index. Each exhibit should be tabbed for ease of locating that exhibit. Special exhibit labels are not necessary; you may use the standard 'Plaintiff/Defendant Exhibit' labels. Provide one set of exhibits for the judge and one set for use by witnesses on the witness stand.
Summary: Exhibits must be in three-ring binders with specific labeling and indexing requirements.
Machine summary. Not checked yet.Important?
Tardiness. Attorneys talking too fast and upsetting the Court Reporter. Not immediately notifying the Court that a motion is unopposed (or that portions of a motion are uncontested).
Summary: Court dislikes tardiness, attorneys talking too fast, and failure to notify when motions are unopposed.
Machine summary. Not checked yet.Note?
The court has the ability to receive all trial exhibits in electronic format. The jury is then able to review the admitted exhibits during deliberations using the Jury Evidence Recording System (JERS). Instructions on how to submit exhibits in the appropriate electronic format may be found here.
Summary: Court accepts electronic trial exhibits for JERS system.
Electronic
Machine summary. Not checked yet.Note?
The Judge will conduct the principal voir dire. Attorneys may submit written questions in advance. On completion of the general voir dire, the Judge typically allows attorneys to ask follow-up questions (a time limit of 20 minutes is usually imposed).
Summary: Judge conducts principal voir dire; attorneys may submit written questions and ask 20-minute follow-up questions.
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Yes.
Summary: Parties may leave exhibits and equipment in the courtroom overnight.
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Yes. Documents may be submitted in Word.
Summary: Electronic versions of jury instructions and verdict forms accepted in Word format.
DOCX
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Counsel are normally afforded 20-30 minutes to make an opening statement.
Summary: Opening statements in criminal cases typically allowed 20-30 minutes.
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Attorneys are required to wear standard business attire. For men, this includes a coat and tie. Otherwise, see Local Rule AT-5.
Summary: Attorneys must wear standard business attire including coat and tie for men.
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Trial will normally convene at 9:00 a.m. and adjourn around 5:00 p.m., recessing for lunch between 12:00 p.m. and 1:15 p.m.
Summary: Trial days typically run 9:00 AM to 5:00 PM with lunch recess.
Machine summary. Not checked yet.Note?
If a motion or response contains numerous exhibits, consider delivering a "hard copy" to Chambers. Briefs or motions on CD with hyperlinks to cases or exhibits are also accepted. To the extent possible, scanned documents should be made searchable through optical character recognition (OCR) before electronic filing.
Summary: Large exhibits should be delivered as hard copy to Chambers; CD with hyperlinks accepted; OCR recommended.
Document Filing Requirements55 rules
Checked against the court's document on Oct 4, 2026Mandatory
A notice of removal must plead an individual’s citizenship; alleging residence alone is insufficient.
For individuals, pleading residence is insufficient; the notice of removal must plead their citizenship.
Document Type
Notice Of Removal
Checked against the court's document on Oct 4, 2026Mandatory
A motion filed in state court before removal that remains unresolved must be refiled as a new motion in this Court.
Any motion filed in the state court before removal that still requires resolution in this Court must be re-filed as a new motion in this Court.
Document Type
Motion
Checked against the court's document on Oct 4, 2026Mandatory
The advisory must state whether the case was removed from one of the listed counties and, if not, identify the county of removal.
(d) Was this case removed from one of the following counties: Atascosa, Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, Real, or Wilson. If no, state what county it was removed from.
Document Type
Advisory
Checked against the court's document on Oct 4, 2026Mandatory
The advisory must state when the removing party was served, explain a notice of removal filed more than 30 days later, or identify and date any “other paper” supporting removal and provide it if not already provided.
(a) The date on which the removing party was served with a summons and petition. If the Notice of Removal is filed more than thirty days after this date, explain why. If removal is based on “other paper,” identify the paper (provide it if not already provided) and state the date on which it was received.
Document Type
Advisory
Checked against the court's document on Oct 4, 2026Mandatory
A removing party must allege a corporation’s state of incorporation and principal place of business.
The removing party must allege both a corporation’s state of incorporation and its principal place of business.
Document Type
Notice Of Removal
Checked against the court's document on Oct 4, 2026Mandatory
The advisory must identify any defendant served before removal who did not formally join the notice of removal, state the reasons, and provide any written consents not already on file.
(c) Identify any defendant who had been served prior to the time of removal who did not formally join in the notice of removal and the reasons therefor (provide copies of written consents, if any, if not already on file).
Document Type
Advisory
Checked against the court's document on Oct 4, 2026Mandatory
The advisory must identify whether any defendants served before removal are Texas citizens.
(b) Identify whether any defendants who had been served prior to the time of removal are citizens of Texas.
Document Type
Advisory
Checked against the court's document on Oct 4, 2026Important
If members or partners remain unknown after diligent investigation, the removing party may allege citizenship on information and belief.
If the members of an LLC or partners of a partnership are unknown to the removing party even after a diligent investigation, the removing party may allege its citizenship on information and belief.
Document Type
Notice Of Removal
Machine summary. Not checked yet.Mandatory?
Any nongovernmental corporate party must file its Fed. R. Civ. P. 7.1 Disclosure Statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. If any required information changes, any nongovernmental corporate party must promptly file a supplemental statement.
Summary: Nongovernmental corporate parties must file Rule 7.1 disclosure statement with first filing and supplement if information changes.
Document Type
Rule 7 1 Disclosure Statement
Machine summary. Not checked yet.Mandatory?
If not already exchanged, the parties must serve the Rule 26(a)(1) initial disclosures on each other no later than 14 days from the date this Order is signed.
Summary: Rule 26(a)(1) initial disclosures must be exchanged within 14 days of this order.
Document Type
Initial Disclosures
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 will result in the Court issuing its own order.
Summary: Court requires parties to confer and submit proposed scheduling order
Document Type
Scheduling Order
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.
Summary: Removed cases must include all state court documents and docket sheet
Document Type
Removal Documents
Machine summary. Not checked yet.Mandatory?
The parties’ Rule 26(f) written report outlining their proposed discovery plan should be filed at the same time the parties submit their proposed scheduling order.
Summary: Rule 26(f) report must be filed with proposed scheduling order
Document Type
Rule 26f Report
Machine summary. Not checked yet.Mandatory?
Parties must re-urge any motion that was filed in state court.
Summary: Motions filed in state court must be re-urged in federal court
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Except in categories of proceedings exempted from initial disclosure under Fed. R. Civ. P. 26(a)(1)(E), the parties must, as soon as practicable and in any event at least 21 days before a proposed scheduling order is due, confer to consider all matters required by Rule 26(f).
Summary: Rule 26(f) conference required 21 days before scheduling order due date
Document Type
Rule 26f Report
Machine summary. Not checked yet.Mandatory?
A Final Joint Pretrial Order is required. A listing of items required to be included are specified in the Scheduling Order.
Summary: Final Joint Pretrial Order required with items specified in Scheduling Order
Document Type
Final Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4.
Summary: Discovery must comply with Local Rule AT-4 standards.
Document Type
Discovery Motion
Machine summary. Not checked yet.Mandatory?
The court will sign voluntary dismissals so long as such dismissals resolve all issues.
Summary: Court will sign voluntary dismissals only if all issues are resolved.
Document Type
Voluntary Dismissal
Machine summary. Not checked yet.Mandatory?
Objections to the Presentence Investigation Report or Guideline Worksheet shall be submitted to the Probation Officer. If the Probation Officer does not modify the PSIR 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.
Summary: Objections to PSIR/Guideline Worksheet first go to Probation Officer, then Sentencing Memorandum if unresolved.
Document Type
Sentencing Memorandum
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 before trial with an exhibit number, and be exchanged with opposing parties at least 3 days before the date of the trial setting. Unless the court advises the parties otherwise, however, they must not deliver trial exhibits, or the court's copies of such exhibits, to the court before the date the trial actually commences.
Summary: Trial exhibits must be marked and exchanged 3 days before trial, but not delivered to court until trial starts.
Document Type
Trial Exhibit
Machine summary. Not checked yet.Mandatory?
As part of the Sentencing Memorandum, counsel may submit exhibits/letters. The Sentencing Memorandum should be filed with the Clerk's Office as least 3 days prior to any sentencing hearing. Counsel shall provide a copy of the Sentencing Memorandum to the U. S. Probation Officer and opposing counsel.
Summary: Sentencing Memorandum with exhibits/letters due 3 days before sentencing hearing, copy to Probation Officer and opposing counsel.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Mandatory?
Motions for leave to file an amended pleading should include a redline comparison of the proposed amended pleading against the previous version.
Summary: Motions to amend must include redline comparison.
Document Type
Motion To Amend
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 three (3) business days before trial.
Summary: Depositions must be provided to Courtroom Deputy before trial; objections with authority due 3 business days before trial.
Document Type
Deposition
Machine summary. Not checked yet.Mandatory?
Yes, copies of cases should be attached to briefs or motions, and copies from electronic databases are acceptable with pertinent parts highlighted.
Summary: Copies of cases must be attached to briefs/motions with electronic copies acceptable if highlighted.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
Letter briefs should not be submitted.
Summary: Letter briefs are prohibited.
Document Type
Letter Brief
Machine summary. Not checked yet.Mandatory?
• Do not submit a response and a motion together in one document. • Motions to Suppress should contain a background statement of uncontested facts. • Any request that a trial date be modified must be made in writing. • A motion in limine must be confined to matters actually in dispute.
Summary: Specific motion filing rules: no combined response/motion, background statement for suppression motions, written trial date modifications, and in limine motions limited to disputed matters.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Motions to Dismiss and Motions for Summary Judgment should contain a background statement of uncontested facts.
Summary: Motions to dismiss and summary judgment must include background statement of uncontested facts.
Document Type
Motion To Dismiss
Machine summary. Not checked yet.Mandatory?
Only with permission. The proposed questionnaire should be provided to the Court as soon as possible, but no later than 60 days before trial.
Summary: Jury questionnaires require court permission and must be submitted 60 days before trial.
Document Type
Jury Questionnaire
Machine summary. Not checked yet.Mandatory?
A motion in limine must be confined to matters actually in dispute.
Summary: Motions in limine must address only disputed matters.
Document Type
Motion In Limine
Machine summary. Not checked yet.Mandatory?
Do not submit a response and a motion together in one document.
Summary: Response and motion must be separate documents.
Document Type
Response
Machine summary. Not checked yet.Mandatory?
Counsel should thoroughly confer with their clients BEFORE the rearraignment regarding any plea. Plea agreements should be completely signed (and copies provided to the Courtroom Deputy) well in advance of the hearing.
Summary: Counsel must confer with clients before rearraignment; plea agreements must be signed and provided to Courtroom Deputy in advance.
Document Type
Plea Agreement
Machine summary. Not checked yet.Mandatory?
Do not combine a motion to dismiss and an answer in one document.
Summary: Motion to dismiss and answer must be separate documents.
Document Type
Motion To Dismiss
Machine summary. Not checked yet.Mandatory?
Yes. Parties may file a motion for leave of court to submit supplemental briefing.
Summary: Supplemental briefing permitted with motion for leave of court.
Document Type
Supplemental Briefing
Machine summary. Not checked yet.Mandatory?
At the conclusion of 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 conclusion; counsel must sign inventory and preserve exhibits for appeal.
Document Type
Exhibit Inventory
Machine summary. Not checked yet.Mandatory?
The Court will accept the parties' agreement to use a deposition at trial even though the witness is available. Otherwise, parties must follow Fed. R. Civ. P. 32. 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 three (3) business days before trial. Use of videotape depositions is permitted to the extent the parties agree on admissibility or edit to resolve objections.
Summary: Deposition procedures require 3 business days for objections and copies to Courtroom Deputy.
Document Type
Deposition
Not confirmed. Read the court's wording below.Mandatory?
“A party seeking to establish diversity jurisdiction must specifically allege the citizenship of every member of every LLC or partnership involved in a litigation.”
Summary: A party seeking diversity jurisdiction must specifically allege the citizenship of every member of each LLC or partnership involved in the litigation.
Document Type
Notice Of Removal
Not confirmed. Read the court's wording below.Mandatory?
If this case has been removed on the basis of diversity jurisdiction under 28 U.S.C. § 1332, the removing party has the burden to demonstrate that there is complete diversity by properly pleading the citizenship of all parties.
Summary: In a diversity removal, the removing party must properly plead all parties’ citizenship to demonstrate complete diversity.
Document Type
Notice Of Removal
Not confirmed. Read the court's wording below.Mandatory?
When members or partners are themselves entities or associations, citizenship must be traced through however many layers of members/partners there are until arriving at the entity that is not a limited liability entity or partnership and identifying its citizenship status.
Summary: When LLC members or partnership partners are themselves entities or associations, citizenship must be traced through each layer until reaching an entity that is not a limited liability entity or partnership and identifying its citizenship.
Document Type
Notice Of Removal
Machine summary. Not checked yet.Important?
Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs.
Summary: Unnecessary discovery or unreasonable delay may result in sanctions and costs.
Document Type
Motion For Sanctions
Machine summary. Not checked yet.Important?
Counsel for all parties and all pro se parties should cooperate fully in the discovery process and make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated.
Summary: Cooperation required in discovery; excessive discovery or resistance may result in sanctions.
Document Type
Discovery Motion
Machine summary. Not checked yet.Important?
Counsel for all parties and all pro se parties should cooperate fully in the discovery process and to make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated. Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4. Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs.
Summary: Full cooperation required in discovery; excessive discovery or resistance may result in sanctions and costs.
Document Type
Discovery
Machine summary. Not checked yet.Important?
To avoid bench conferences in a jury trial, the Court recommends that parties exchange any item that a party intends to use in the presence of the jury as a demonstrative aid, regardless whether the party intends to move its admission in evidence.
Summary: Parties should exchange demonstrative aids intended for jury use.
Document Type
Demonstrative Aids
Not confirmed. Read the court's wording below.Important?
The Court will not sua sponte remand on the basis of a procedural defect.
Summary: The Court will not remand on its own initiative based on a procedural defect.
Document Type
Motion To Remand
Machine summary. Not checked yet.Note?
The Court encourages the parties to consider filing a proposed agreed order, pursuant to Fed. R. Civ. P. 26(c), that a party does not waive the attorney-client privilege or the attorney work-product privilege by inadvertently producing privileged or work-product documents.
Summary: Court encourages filing stipulated order under Rule 26(c) regarding inadvertent production of privileged documents.
Document Type
Stipulated Order
Machine summary. Not checked yet.Note?
The court will approve, in most instances, an agreed modification. If it is not agreed to, the opposing party should file a response to any motion to modify.
Summary: Agreed modifications approved; opposed modifications require response
Document Type
Motion To Modify Scheduling Order
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After a scheduling order is issued, the judge will conduct a preliminary pretrial conference or intermediate status conferences. A final pretrial conference will usually be conducted approximately ten (10) days prior to the date that trial is expected to begin.
Summary: Preliminary/ intermediate status conferences after scheduling order; final pretrial conference 10 days before trial
Document Type
Pretrial Conference
Machine summary. Not checked yet.Note?
At any time the parties believe it may be beneficial to participate in a non-binding mediation, they may agree to do so. Parties are encouraged to agree upon a mediator. If the parties cannot agree to a mediator, the Court will appoint a mediator.
Summary: Parties may agree to mediation at any time; court appoints mediator if parties cannot agree
Document Type
Mediation Agreement
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The parties must advise the district clerk of their respective positions concerning referring the case to a magistrate judge for jury or nonjury trial by consent, pursuant to 28 U.S.C. 636(c).
Summary: Parties must advise district clerk of positions on magistrate judge consent for trial
Document Type
Consent Form
Machine summary. Not checked yet.Note?
Motions in limine and objections to exhibits will be heard and ruled upon at that time.
Summary: Motions in limine and exhibit objections heard at final pretrial conference
Document Type
Motion In Limine
Machine summary. Not checked yet.Note?
Pleas of guilty and motions for appointment, withdrawal or substitution of counsel may be referred.
Summary: Court routinely refers pleas of guilty and counsel motions to magistrate judge.
Document Type
Plea Of Guilty
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All parties should comply with the General Order of Discovery. In addition, parties are encouraged to also use the discovery checklist provided by Local Rule CR-16.
Summary: Parties must comply with General Order of Discovery and are encouraged to use Local Rule CR-16 checklist.
Document Type
Discovery Disclosure
Machine summary. Not checked yet.Note?
A general scheduling order and trial date is entered by the Court immediately after the case has been assigned to Chambers.
Summary: Court issues scheduling order immediately after case assignment.
Document Type
Scheduling Order
Machine summary. Not checked yet.Note?
To avoid bench conferences during a jury trial, the Court recommends that parties exchange any item that a party intends to use in the presence of the jury as a demonstrative aid, regardless of whether the party intends to move its admission in evidence.
Summary: Demonstrative aids for jury should be exchanged to avoid bench conferences.
Document Type
Demonstrative Aid
Machine summary. Not checked yet.Note?
The court has the ability to receive all trial exhibits in electronic format. The jury is then able to review the admitted exhibits during deliberations using the Jury Evidence Recording System (JERS). Instructions on how to submit exhibits in the appropriate electronic format may be found here.
Summary: Court accepts electronic trial exhibits via JERS system for jury review.
Document Type
Trial Exhibit
Not confirmed. Read the court's wording below.Note?
Before doing so, the removing party should consult the sources at its disposal, including court filings and other public records to ensure good faith pleading.
Summary: Before pleading citizenship on information and belief, the removing party should consult available sources, including court filings and public records, to ensure good-faith pleading.
Document Type
Notice Of Removal
Filing & Service rules
Electronic Filing Rules
The required supplement must be filed electronically.
The supplement is to be filed electronically
Not confirmed. Read the court's wording below. · Civil cases
Page 1 | NOTICE TO REMOVING DEFENDANT(S)
Filing Timing and Cure Windows
If citizenship has not been properly pleaded, the removing party must amend or supplement the notice of removal within 14 days of the Order.
The removing party shall ensure that they have properly pled the citizenship of all parties in this case as outlined below, and shall file an amended notice of removal or supplement their original notice of removal within 14 days of this Order if they have not.
Checked against the court's document on Oct 4, 2026 · Civil cases
Page 1 | NOTICE TO REMOVING DEFENDANT(S)
Removing parties must electronically supplement the record within 14 days with all state-court pleadings and the complete state-court file, including the docket sheet.
Pursuant to 28 U.S.C. § 1447(b) and the Fact Sheet for Judge Xavier Rodriguez (available at https://www.txwd.uscourts.gov), if not already done, the removing party(ies) shall, within fourteen days of this Order, supplement the record with all state court pleadings. The supplement is to be filed electronically and shall include a copy of the complete file, including the docket sheet, in this cause from the court from which this case was removed.
Checked against the court's document on Oct 4, 2026 · Civil cases
Page 1 | NOTICE TO REMOVING DEFENDANT(S)
The removing party must submit an advisory answering the listed questions within seven days.
SUBMIT AN ADVISORY TO THE COURT WITH ANSWERS TO THE FOLLOWING QUESTIONS WITHIN 7 DAYS:
Checked against the court's document on Oct 4, 2026 · Civil cases
Page 2 | NOTICE TO REMOVING DEFENDANT(S)
Plaintiffs must move to remand based on procedural defects within 30 days after the notice of removal is filed.
Plaintiff(s) must file a motion to remand based on any procedural defects in removal within thirty days of the filing of the Notice of Removal. 28 U.S.C. § 1447(c).
Checked against the court's document on Oct 4, 2026 · Civil cases
Page 2 | NOTICE TO PLAINTIFF(s)
Service and Proof of Service Rules
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, 2026 · Civil cases
Page 2 | NOTICE TO PLAINTIFF(s)
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).
Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases
Page 2 | NOTICE TO PLAINTIFF(s)
Rule 4 applies to service of process in a civil action after removal from state court.
Rule 4 applies to a civil action after it is removed from state court.
Not confirmed. Read the court's wording below. · Civil cases
Page 2 | NOTICE TO PLAINTIFF(s)
Filing Fees and Waivers
IFP applications are referred to a Magistrate Judge for disposition of the fee waiver, appointment of counsel, and e-filing permission, with a recommendation on dismissal under §1915(e)(2).
With the exception of those cases listed in paragraph (2) any case in which an application to proceed in forma pauperis has been made shall be referred a Magistrate Judge for the Austin Division for disposition of the application to proceed in forma pauperis, for disposition of any pending motions for appointment of counsel and for permission to file electronically, and for prompt recommendation if it appears from the initial pleadings that the case should be dismissed pursuant to 28 U.S.C. § 1915(e)(2).
Machine summary. Not checked yet.
Page 1 | Referral of IFP Applications to Magistrate Judge
The IFP referral order does not apply to incarcerated applicants, conditions-of-confinement challenges, habeas petitions, or Social Security Administration appeals.
This Order does not apply to those cases where the applicant (a) is incarcerated, (b) is challenging the conditions of his confinement when he was incarcerated, (c) is seeking habeas relief, or (d) is appealing a decision of the Social Security Administration.
Machine summary. Not checked yet.
Page 1 | Exceptions to Referral
Courtesy Copy Requirements
Courtesy copies required only for emergency motions.
Only for emergency motions.
Machine summary. Not checked yet. · Civil cases
Sealing & Redaction Procedures
Compliance with Fed. R. Civ. P. 5.2 regarding redaction of certain material is mandatory.
Counsel are reminded that, with regard to any paper that is filed, compliance with Fed. R. Civ. P. 5.2 is mandatory. Accordingly, counsel should ensure that appropriate redactions are made.
Machine summary. Not checked yet. · Civil cases
Page 2 | REDACTION OF CERTAIN MATERIAL
Pre-Motion Conference Requirements
Rule 26(f) conference must be held within 14 days, preferably face-to-face unless attorneys are in different cities.
If not already held, the parties must conclude the Rule 26(f) conference no later than 14 days from the date this Order is signed. Unless attorneys reside in different cities, the Court expects that the Rule 26(f) conference will be conducted in a "face-to-face" session.
Machine summary. Not checked yet. · Civil cases
Page 1 | RULE 26 ATTORNEY CONFERENCE
Twombly motions and motions for more definite statement should be filed sparingly and do not stay discovery unless court orders otherwise.
Twombly motions (motions to dismiss for failure to state a claim) and motions for more definite statement generally lack merit and should be filed sparingly. Because motions under Fed. R. Civ. P. 12(b)(6) and Rule 12(c) have become routine practice, the filing of such motions does not stay discovery and will not otherwise delay progress of the case pending a ruling on the motion, unless the party filing the motion obtains a court order otherwise.
Machine summary. Not checked yet. · Civil cases
Page 2 | RULE 12 MOTIONS
No conference required on motions except discovery matters; General Order governs discovery.
No, except on discovery matters. The Court enters a General Order regarding Discovery very early in the case. That Order requires various discovery disclosures to be made without the necessity of any written motion. No “routine” discovery motions should be filed, unless the General Order of Discovery has not been complied with.
Machine summary. Not checked yet. · Civil cases
Page 12 | Procedures Specific to Criminal Cases
Adjournment & Extension Requirements
Case dismissal for want of prosecution after 90 days without service.
Failure to serve a defendant within 90 days will trigger a notice to show cause why the case or defendant should not be dismissed.
Machine summary. Not checked yet. · Civil cases
Page 9 | Dismissal of cases for want of prosecution
Trial date modification requests must be in writing with opposing counsel conference.
Any request that a trial date be modified must be made in writing. The opposing side must be conferred with regarding the continuance of a trial. If there is an agreement, the Court normally approves a continuance. If there is no agreement, a response indicating the grounds for opposition should be filed.
Machine summary. Not checked yet. · Civil cases
Dispositive motions ruled on as far in advance as possible; trial continued if not addressed.
As far in advance as possible, but if the court cannot address the motion, it will usually continue the trial setting.
Machine summary. Not checked yet. · Civil cases
Trial date modification requests must be in writing before discovery deadline.
Any request that a trial date be modified must be made in writing to the judge before the deadline for completion of discovery.
Machine summary. Not checked yet. · Civil cases
Stipulated extensions allowed for criminal cases without affecting other pretrial dates.
Yes.
Machine summary. Not checked yet. · Civil cases
Trial continuance requests must be in writing with opposing counsel conference; hearing if no agreement.
Any request that a trial date be modified must be made in writing. The opposing side must be conferred with regarding the continuance of a trial. If there is an agreement, the Court normally approves a continuance. If there is no agreement, a hearing is held.
Machine summary. Not checked yet. · Civil cases
Extensions to answer complaint require agreed motion; discovery extensions can be stipulated.
Extensions to answer a complaint require an agreed motion and proposed order. See Fed. R. Civ. P. 6. Otherwise, discovery extensions may be stipulated to between the parties without any need for court approval.
Machine summary. Not checked yet. · Civil cases
Chambers Communication Rules
Call chambers or Courtroom Deputy in emergencies
Please call Chambers at (210) 472-6575 or Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov
Machine summary. Not checked yet. · Civil cases
Page 1 | Contacting the Court
Immediately notify Courtroom Deputy after TRO filing; provide electronic copy to adverse party
After the TRO has been filed with the Clerk's office and the matter has been assigned to this Court's chambers, immediately notify the Courtroom Deputy. Use every reasonable effort to provide notice to the adverse party that the TRO has been filed and provide a copy of the TRO to the opposing party by electronic (e-mail) delivery. Parties should comply with Fed. R. Civ. P. 65 and Local Rules.
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For expedited relief motions, notify Courtroom Deputy immediately after filing and provide copy to opposing party by email.
After the motion has been filed with the Clerk’s office, immediately notify the Courtroom Deputy, Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov. Use every reasonable effort to provide notice to the adverse party that the motion has been filed and provide a copy of the motion to the opposing party by electronic (e-mail) delivery.
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Page 12 | Contacting the Court
Emergency contact via phone to Chambers or Courtroom Deputy.
Please call Chambers at (210) 472-6575 or Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov.
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Contact Sylvia Ann Fernandez for bringing own equipment at (210) 472-6550 Ext. 5011 or sylvia_fernandez@txwd.uscourts.gov.
Yes, contact should be made with Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov.
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Page 14 | Bringing Own Equipment
Email Courtroom Deputy; faxes not accepted
Yes. Email Sylvia Fernandez, Courtroom Deputy, sylvia_fernandez@txwd.uscourts.gov. The Court cannot accept faxes.
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Law clerks may be contacted for procedural questions only
An attorney may address a procedural question that cannot be answered by the federal rules of procedure, local rules, or the judge's scheduling order to the Law Clerk. Please do not call the judge's staff to inquire about substantive issues.
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Parties may contact court during depositions only for immediate attention
Yes, but only in circumstances that necessitate the Court's immediate attention.
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Must immediately notify court when case has been settled.
Not immediately notifying the Court that the case has been settled.
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Page 10 | Special practices or procedures
Must immediately notify court when motion is unopposed or portions are uncontested.
Not immediately notifying the Court that a motion is unopposed (or that portions of a motion are uncontested).
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Page 10 | Special practices or procedures
Initial pretrial conference scheduled after proposed scheduling order; motion may be filed for immediate conference.
An initial pretrial conference pursuant to Fed. R. Civ. P. 16 will be scheduled after the Court receives the parties’ proposed scheduling order. However, if a party believes that a conference with the Court is needed on a more immediate basis to resolve any discovery or case management issues, the party should file a motion with the Court requesting a pretrial conference.
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Page 1 | INITIAL PRETRIAL CONFERENCE
Contact Courtroom Deputy Sylvia Ann Fernandez for scheduling matters
Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov
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Notify Law Clerk immediately when contested motion is resolved
The Law Clerk should be notified at (210) 472-6575 immediately upon resolution of the pending motion.
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Contact assigned Law Clerk for expedited hearing requests
Contact the Law Clerk assigned to the case.
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Contact assigned Law Clerk for non-substantive matters or case settlements
If an attorney wishes to contact the Court regarding a non-substantive matter or to inform the Court that the case has settled or a pending motion has been resolved, the attorney should contact the Law Clerk assigned to the case.
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Page 2 | Contacting the Court
Notify Sylvia Ann Fernandez before hearing/trial about needed equipment
Courtroom Deputy Sylvia Ann Fernandez should be notified prior to the hearing or trial as to what equipment is needed.
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Page 4 | Facilities and Technology
Court reporter uses Real Time; contact Amber Nino at (210) 472-6550, Ext. 5037 for rough transcripts
Yes. Parties can contact the court reporter, Amber Nino at (210) 472-6550, Ext. 5037.
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Page 4 | Facilities and Technology
Courtroom has internet access; arrangements must be made ahead of time
Yes, there is internet access, but arrangements must be made ahead of time.
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Page 4 | Facilities and Technology
Contact Sylvia Ann Fernandez for equipment delivery arrangements
Parties should contact Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov.
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Page 4 | Facilities and Technology
Notify Courtroom Deputy when criminal motion is resolved.
Notify Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov.
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Contact Courtroom Deputy for expedited hearing requests in criminal cases.
Contact Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, sylvia_fernandez@txwd.uscourts.gov.
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Page 12 | Contacting the Court
Additional technology details in Courtroom Technology Guidance document.
See Courtroom Technology Guidance.
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Page 14 | Additional Technology
Courtroom has white erase board and document presenter, no chart stand, video equipment per guidance.
White Erase Board Yes Chart stand: No Document presenter: Yes Video equipment: See Courtroom Technology Guidance.
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Page 14 | Available Equipment