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

Hon. Dan MacLemore

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

Before You File
Lead counsel requirements
👤 Judge MacLemore — standing order

"20. Number of attorneys who may participate in argument and the questioning of witnesses at trial for a single party. The Court does not automatically impose any limit on the number of attorneys who may make arguments and question witnesses at trial for a single party; however, only one attorney may examine any given witness, including making objections on cross examination. Only one attorney may handle any given argument, although different attorneys may handle the opening and closing statements."

Contacting chambers
👤 Judge MacLemore — standing order

"1. Written communication from counsel to the Court. Accepted for routine matters such as scheduling, advising of settlement status, etc. with copy to counsel for all parties. No communication should address the merits of any matter, except for providing information pertaining to informal discovery disputes as expressly directed by the Court. Counsel for all parties should be copied. 2. Communication between counsel and the Judge's law clerks. Permitted, as per above, via email to TXWDml_NoJudge_Chambers_WA_JudgeMacLemore@txwd.uscourts.gov. If there is a time-sensitive matter related solely to scheduling, counsel may contact chambers by telephone with participation or express permission of counsel for all parties."

Settlement notification
👤 Judge MacLemore — standing order

"32. Notifying the Court of settlement. If the parties settle their case, counsel shall promptly file a Notice of Settlement. Additionally, the parties must submit a stipulation of dismissal or an agreed order of dismissal within 30 days of the date the Notice of Settlement was filed or before the trial date, whichever is sooner, unless that date is extended by the Court upon motion, or the Court directs otherwise."

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

All dispositive motions shall be filed and served on all other parties on or before this date and shall be limited to 25 pages. Responses shall be filed and served on all other parties not later than 14 days after the service of the motion and shall be limited to 20 pages. Any replies shall be filed and served on all other parties not later than 7 days after the service of the response and shall be limited to 10 pages, but the Court need not wait for the reply before ruling on the motion.

Opposition

Requests for additional pages in excess of the page limitations set forth in Local Rule 7. Must be timely submitted by written motion.

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

"12. Courtesy copies of motions, briefs, and other writings for chambers. Only if requested by the Court."

Proposed orders
👤 Judge MacLemore — standing order

"11. Document type when submitting proposed orders and discovery charts. Parties are to provide proposed orders and discovery charts in Microsoft Word format via email or if preferred, parties may request for documents to be submitted through a secure link through the US Court's box.com... Parties are to utilize the Proposed Scheduling Order Template and the Discovery Dispute Chart Template located under the ‘Courtroom Guidance’ tab."

Filing under seal
👤 Judge MacLemore — 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 publicly available version shall be labeled ‘PUBLIC VERSION.’"

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

"8. Oral arguments on motions. The Court will schedule oral argument on a motion if it believes such argument will be useful. Parties should not use oral arguments to merely rehash what has been addressed in the written pleadings. If the Court sets oral arguments, it is because the Court wants to hear more about the relevant issues and it wants to make sure any questions it has are addressed."

Remote appearances
👤 Judge MacLemore — standing order

"6. Telephonic and videoconference hearings in lieu of personal appearances. The Court expects all lawyers who will be actively involved in any argument to personally attend the hearing on any such motion. Remote appearances for hearings may be allowed if there are attorneys involved whose offices are a significant distance from the Court UNLESS the number of lawyers or the subject matter of the hearing would, in the Court's judgment, make a remote hearing impractical. The Court will also allow younger attorneys to appear in person as the principal advocate for a party and more experienced attorneys to appear remotely and contribute as appropriate to promote opportunities for younger attorneys to appear in federal court. For all remote appearances, counsel should maintain appropriate decorum as if present in the courtroom."

Continuances & calendar conflicts
👤 Judge MacLemore — standing order

"Any standing order regarding joint or unopposed requests to change deadlines does not apply to cases referred to the undersigned. It is therefore ORDERED that in all cases referred to the undersigned, any requests to extend any deadline or to amend any portion of a scheduling order shall be made by motion; shall indicate in the title whether it is joint, unopposed, or contested; and shall include a proposed order."

Discovery
Discovery dispute procedure
👤 Judge MacLemore — standing order

"10. Procedures for handling discovery disputes. The Court generally enters an order regarding the process for resolving discovery disputes. This order directs the parties to confer in good faith prior to submitting any disputes and to use the Court's discovery dispute chart process for submitting the dispute to the Court. A form chart is included on the Court's website."

The Court generally enters an order regarding the process for resolving discovery disputes. This order directs the parties to confer in good faith prior to submitting any disputes and to use the Court's discovery dispute chart process for submitting the dispute to the Court. A form chart is included on the Court's website.

More from Judge MacLemore’s procedures
👤 Judge MacLemore — standing order
Argument counsel requirement

"If a party would like a Newer Attorney to argue any motion or discovery dispute, after the briefing is ripe, the party should contact the law clerk to request oral argument and inform the clerk that a Newer Attorney will argue the motion or a portion of the motion. If such a request is made, the Court will: a. Grant the request for oral argument, if it is at all practicable to do so, even if the Court ordinarily would not permit oral argument on such a motion... b. Permit sufficient additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing. c. Permit more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument." Source ↗

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