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

Hon. Xavier Rodriguez

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

Before You File
Ex parte applications
👤 Judge Rodriguez — 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 electronic (e-mail) delivery. Parties should comply with Fed. R. Civ. P. 65 and Local Rules.

Contacting chambers
👤 Judge Rodriguez — standing order

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.

Settlement notification
👤 Judge Rodriguez — standing order

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

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

Any brief or memorandum less than 30 pages may be submitted.

Opposition

Any brief or memorandum less than 30 pages may be submitted.

Reply

Any brief or memorandum less than 30 pages may be submitted.

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

Only for emergency motions.

Proposed orders
👤 Judge Rodriguez — standing order

Extensions to answer a complaint require an agreed motion and proposed order. See Fed. R. Civ. P. 6.

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

Should you desire oral argument on a motion, you should make such a request in the opening paragraph of your motion. The Court will notify you if a hearing will be held.

Remote appearances
👤 Judge Rodriguez — standing order

Yes, if a telephone or Zoom conference is necessary, it can be arranged by the parties in coordination with a Law Clerk or the Courtroom Deputy.

Continuances & calendar conflicts
👤 Judge Rodriguez — standing order

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.

Discovery
Discovery referral procedure
👤 Judge Rodriguez — standing order

At the time your lawsuit was filed, it was assigned to this district judge and a magistrate judge. 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). Discovery matters are routinely referred to a Magistrate Judge.

Discovery dispute procedure
👤 Judge Rodriguez — standing order

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. The parties shall confer on the substance of any disputes prior to the filing of any motion for a pretrial conference.

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. The parties shall confer on the substance of any disputes prior to the filing of any motion for a pretrial conference.

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

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

Dispositive motion stay

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. Source ↗

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