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

Hon. Andrew B. Davis

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

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

"No party may file any motion, except for a motion in limine, after this date without a showing of good cause. To the extent that parties anticipate seeking extensions of time to file a response or reply brief to a motion, the Court encourages the parties to submit an agreed briefing schedule rather than separate or seriatim extension requests. Motions to submit overlength briefs are disfavored."

Filing & Scheduling
Proposed orders
👤 Judge Davis — standing order

Submit as an attachment to this Joint Discovery and Case Management Submission a proposed scheduling order using the form found on the Court's webpage in Word format. The form includes bracketed intervals that are the Court's presumptive schedule. The parties shall insert proposed calendar dates in place of those bracketed intervals.

Filing under seal
👤 Judge Davis — standing order

"3. Appendices filed in more than one volume. An appendix must be divided into consecutively numbered volumes if it (1) exceeds the size limit for an electronically filed document, or (2) contains materials filed or sought to be filed under seal... e. Sealed materials. If a party moves to seal any materials in the appendix, it must divide the appendix into a public volume and a sealed volume. i. The public volume, labeled as such, must contain all materials that the party is not authorized to file under seal and does not move to file under seal... ii. The sealed volume, labeled as such, must contain all materials that the party is authorized to file under seal or seeks to file under seal, and must otherwise comply with this order except that each page must be numbered sequentially beginning ‘Sealed.App.1’ and each citation must be to ‘Sealed.App.__.’"

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

"The parties generally may agree to extend discovery deadlines, including the close of discovery, provided that the extension does not affect any subsequent deadlines and the parties notify the Court in writing. The Court retains the right to reject an agreed extension of a discovery deadline. Extensions of non-discovery deadlines and continuances of proceedings will not be granted, even upon joint motion, absent a showing of actual diligence and extraordinary cause."

Discovery
Discovery referral procedure
👤 Judge Davis — standing order

"In accordance with the authority vested in the United States Magistrate Judge pursuant to Rule 1 of the Local Rules for the Assignment of Duties to United States Magistrates and Appendix C of the Local Court Rules of the United States District Court for the Western District of Texas, it is ordered that, for cases assigned to Judge Davis, the following matters shall be referred to a United States Magistrate Judge for the Austin Division... All cases brought pursuant to 28 U.S.C. § 2241, 2254... and 2255..., cases brought by federal prisoners and detainees challenging conditions of confinement, cases brought by prisoners pursuant to 42 U.S.C. § 1983, and cases seeking judicial review of social security decisions shall be assigned to a United States Magistrate Judge for the Austin Division for disposition of all non-dispositive pretrial matters... and for findings and recommendations on all case-dispositive motions... Any case in which application to proceed in forma pauperis has been made, other than a case described in paragraph (1) above, shall be referred to a United States Magistrate Judge for the Austin Division for disposition of the application to proceed in forma pauperis, disposition of any motion for appointment of counsel, and for a prompt recommendation as to whether the case should be dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)."

content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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