All local rules for W.D. Tex., integrated with this judge's published requirements.
In addition to following the Federal Rules of Civil Procedure and Local Rules, if possible, counsel should alert chambers of the impending filing and notify the intake clerk of the immediacy of the matter.
Yes. Law Clerks may be contacted on an ex parte basis for all procedural questions and by telephone conference with all parties for substantive issues.
Notify the law clerk of civil settlement/resolutions.
Court has a standing 20 page limit. No motion for leave is needed except to exceed 20 pages.
Court has a standing 20 page limit. No motion for leave is needed except to exceed 20 pages.
Court has a standing 20 page limit. No motion for leave is needed except to exceed 20 pages.
Only if requested by the Court.
The Court disfavors motions to maintain filings under seal, and the Court expects parties to draft such submissions in a manner that does not disclose confidential information. W.D. Tex. Civ. R. 5.2(b). Proper 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 citation to authority supporting the filing under seal. The item will be admitted under seal if the Court deems such filing to be necessary.
Does the court typically have hearings on contested motions in civil cases? If not, what circumstances would warrant a hearing? No. If the Judge believes it is necessary.
Yes — motions decided on the papers without oral argument.
Only at the Court’s direction.
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.
Each matter is taken up on a case by case basis.
Court has no preference. Source ↗
The Court will not set a trial date until dispositive motions have been ruled upon. Source ↗
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). Source ↗
A party or counsel who anticipates filing a Motion to Dismiss under Federal Rule 12(b)(6) must first confer with opposing counsel concerning the proposed deficiencies and the expected basis of the Motion. This conference shall include written (email or certified mail) notification of the Plaintiff's right to amend the pleading under these procedures, specifying the proposed deficiencies and the deadlines below. Source ↗