judge console · W.D. Tex.
W.D. Tex. · Judge Cardone · Practice Guide

Hon. Kathleen Cardone

All local rules for W.D. Tex., integrated with this judge's published requirements.

Before You File
Ex parte applications
👤 Judge Cardone — standing order

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 fax or electronic (e-mail) delivery. Parties should comply with Federal Rule of Civil Procedure 65 and Local Rules.

Contacting chambers
👤 Judge Cardone — standing order

An attorney may address a procedural question that is not answered by the federal rules of procedure, local rules, or the Judge’s Standing Orders to the law clerks at (915) 534-6740. Please do not call the judge’s staff to inquire about substantive issues.

Settlement notification
👤 Judge Cardone — standing order

Not immediately notifying the Court that the case has been settled.

Drafting the Motion
Length limits — motion, opposition, reply
👤 Judge Cardone — standing order
Motion

Leave of Court is required for briefs longer than that permitted by local rule and standing order. Such leave is routinely granted, however.

Filing & Scheduling
Chambers / courtesy copies
👤 Judge Cardone — standing order
Standing order

A chambers’ copy is never required.

Proposed orders
👤 Judge Cardone — standing order

Extensions to answer a complaint require an agreed motion and proposed order. See Federal Rule of Civil Procedure 6.

The Hearing
Oral argument
👤 Judge Cardone — standing order
Default practice

Ordinarily, the Court does not hold hearings on civil motions. However, should you believe a hearing is warranted, you should make such a request in the opening paragraph of your motion or response with an explanation as to why the hearing is necessary. The Court will notify you if a hearing will be held.

Decided on the papers?

Yes — motions decided on the papers without oral argument.

Remote appearances
👤 Judge Cardone — standing order

Does the Court allow telephone conferences for the resolution of motions or other matters? No.

Continuances & calendar conflicts
👤 Judge Cardone — standing order

You must make any request for a continuance in writing as early as possible, and you must confer with opposing counsel prior to filing the motion.

Discovery
Discovery referral procedure
👤 Judge Cardone — standing order

At the time a lawsuit is filed, the case is assigned to this district judge and a magistrate judge. The parties should advise the district clerk of their respective positions concerning transferring the case to a magistrate judge for jury or nonjury trial by consent, pursuant to 28 U.S.C. § 636(c). Discovery matters are routinely referred to the magistrate judge.

Discovery dispute procedure
👤 Judge Cardone — standing order

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.

More from Judge Cardone’s procedures
👤 Judge Cardone — standing order
Citation preference

No, but parties are encouraged to hyperlink citations in their briefs for Westlaw or Lexis access. Source ↗

Dispositive motion stay

All motions to dismiss based on the pleadings shall be filed within ninety (90) days of the earlier of the serving of the complaint, the filing of a petition for removal, or the transfer of an action from another judicial district. The filing of a motion to dismiss will not result in an automatic stay of discovery or extend the time for completing discovery. Source ↗

content assembled from published local rules & standing orders · click any section in the rail for the full treatment
Get updates on Judge Cardone's procedures
Standing order changes, new key traps, and C.D. Cal. practice intelligence.