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

Hon. David Counts

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

Filing & Scheduling
Filing under seal
👤 Judge Counts — standing order

This Order applies to all patent cases pending before the undersigned. As a public forum, the Court has a policy of providing to the public full access to documents filed with the Court. Because parties in patent cases routinely file confidential information, this Order grants leave for any party in a patent case to file materials containing confidential information under seal. Parties need not file a separate motion for leave. The filing party shall file a publicly available, redacted version of any motion or pleading filed under seal within seven days. The parties need not file redacted versions of exhibits to such documents. Exhibits that are nonconfidential in their entirety should not be filed under seal at all. The parties shall coordinate to make sure that the publicly available version redacts information that any party deems confidential. The Court will enter a sealed order to resolve a motion if either party filed its briefing under seal. The movant shall email a redacted version of the Court's sealed order for publication within seven days after the Court enters the sealed Order. The movant shall email the redacted, public version to the Court's law clerk (txwdml_nojudge_chambers_md_judgecounts@txwd.uscourts.gov).

The Hearing
Continuances & calendar conflicts
👤 Judge Counts — standing order

Motions for continuances filed in the U.S. District Court for the Midland/Odessa and Pecos Divisions of the Western District of Texas must include a Certificate of Conference stating that all parties have conferred. The Certificate of Conference shall state each party's position regarding the motion.

Discovery
Discovery referral procedure
👤 Judge Counts — standing order

it is hereby ORDERED that the following matters shall be referred to the U.S. Magistrate Judges for the Midland/Odessa and Pecos Divisions: All civil actions originally filed, removed to, or otherwise transferred to the Western District of Texas, Midland/Odessa and Pecos Divisions... The following cases are excluded from direct assignment to the Magistrate Judges: habeas corpus petitions in the Midland/Odessa and Pecos Divisions, bankruptcy appeals in the Midland/Odessa and Pecos Divisions, patent cases in the Midland/Odessa and Pecos Divisions, and prisoner civil rights actions in the Midland/Odessa Division.

More from Judge Counts’s procedures
👤 Judge Counts — standing order
MSJ limitation

Unless otherwise directed by the Court, or permitted by law, a party may file no more than one motion for summary judgment in a single case. Source ↗

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