;

=== 1-30-23-ATB-SS-Standing-Order.pdf ===

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS EL PASO DIVISION THE HONORABLE ANNE T. BERTON § § § ALL SOCIAL SECURITY APPEALS STANDING ORDER REGARDING SOCIAL SECURITY APPEALS This Standing Order is to inform counsel and parties of the courtroom practices and procedures before the undersigned in all social security appeals brought pursuant to 42 U.S.C. § 405(g) for review on the record of a final decision of the Commissioner of Social Security Administration that presents only an individual claim. Counsel and parties should carefully REVIEW and must COMPLY with the following: 1. The Commissioner’s Deadline to Answer The Commissioner’s deadline to serve and file an answer or a Federal Rule of Civil Procedure 12 motion as provided under Rule 4 of the Supplemental Rules of Social Security Actions of the Federal Rules of Civil Procedure (hereinafter, the Supplemental Rules) IS TRIGGERED by a Notice of Electronic Filing that (a) is sent by the Court or its Clerk’s Office to the appropriate office within the Administration’s Office of General Counsel and to the United States Attorney for this District and (b) substantially states, “The Commissioner’s Answer is due within 60 days of the date of this Notice of Electronic Filing.” Note In an action where a plaintiff files an application to proceed in forma pauperis or otherwise fails to submit the requisite filing fee when the appeal is initially filed, the Court must address the application and the plaintiff must make payment, if any determined by the Court—before a Notice of Electronic Filing (NEF) as described above is sent. In such a case in particular and in all other cases, other NEFs may be sent, at the time of the initial filing of an appeal or thereafter, that do not substantially state, “The Commissioner’s Answer is due within 60 days of the date of this Notice of Electronic Filing,” and therefore, they do not trigger the Commissioner’s deadline under Rule 4 of the Supplemental Rules. FILEDDEPUTY CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS BY: ________________________________January 30, 2023Michael Trujillo 2. Briefing Schedule The deadlines for the plaintiff’s opening brief, the Commissioner’s response in opposition, and the plaintiff’s reply brief are governed respectively by Rules 6, 7, and 8 of the Supplemental Rules. Absent leave of court, no further briefs are allowed. 3. Additional Requirements for the Plaintiff’s Opening Brief The plaintiff’s opening brief must contain: (a) A statement of the case. This statement must briefly describe the procedural history, including any disposition, at the administrative level and must set forth a concise statement of the case setting out the facts relevant to the issues submitted for review. Each statement of fact shall be supported by reference to the page in the record where the evidence may be found. (b) A statement of the issues for review. This statement should include a list of specific errors which the plaintiff claims were committed by the Administrative Law Judge or the Appeals Council. (c) A Summary of Arguments. The summary must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief, and which must not merely repeat the argument headings. (d) Arguments. This section of the brief must contain the plaintiff’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the plaintiff relies. So ORDERED and SIGNED this 30th day of January 2023. ____________________________________ ANNE T. BERTON UNITED STATES MAGISTRATE JUDGE - 2 -

=== Standing-Order-on-Criminal-Pretrial-Preparedness-01-28-26.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION THE HONORABLE ANNE T. BERTON § § § ALL CRIMINAL CASES STANDING ORDER REGARDING PRETRIAL MOTIONS, CERTAIN DISCLOSURES, AND TRIAL PREPAREDNESS IN CRIMINAL CASES Counsel SHALL carefully review and comply with these practices and procedures: Upon Defendant’s Request for Trial Pretrial Motions. The parties shall request a briefing schedule from the Court to file pretrial motions, if any. Disclosures Under Brady, Giglio, and Napue. The Government shall disclose to the Defendant and permit inspection and copying of all information and materials known to the Government which may favor the Defendant on the issues of guilt or punishment within the scope of Brady v. Maryland, 373 U.S. 83 (1963), or which tends to impeach the Government witnesses. The Government shall also disclose to the Defendant the existence and substance of any payments or promises of to prospective immunity, Government witnesses within the scope of Giglio v. United States, 405 U.S. 150 (1972), and Napue v. Illinois, 360 U.S. 264 (1959). leniency, or preferential treatment made Not Later Than Three Weeks Before Trial The Court reminds the Government of its continuing obligation to disclose any exculpatory evidence to the Defendant and to learn of any such evidence known to others acting on the Government’s behalf. See Kyles v. Whitley, 514 U.S. 419 (1995). The Government’s disclosure obligations apply even when the defendant has not requested any exculpatory evidence from the Government. See United States v. Agurs, 427 U.S. 97 (1976). These obligations to timely provide exculpatory evidence are not diminished by the fact that such evidence also constitutes evidence that must be produced later under the Jencks Act, 18 U.S.C. § 3500, or by the fact that such evidence need not be produced according to Federal Rule of Criminal Procedure 16. See United States v. Campagnuolo, 59 F.2d 852 (5th Cir. 1979); Fed. R. Crim P. 16 advisory comm.’s notes to 1974 amend. (“The rule is intended to prescribe the minimum amount of discovery to which the parties are entitled.”). If the Government identifies any evidence which it believes to be exculpatory or favorable to the Defendant but not material, the Government shall submit such information to the Court for in camera review. FILEDDEPUTY CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS BY: ________________________________January 28, 2026CSanchez Joint Proposed Jury Charge and Verdict Form (If Jury Trial). The parties shall meet and confer, and then file a Joint Proposed Jury Charge and a Verdict Form consistent with the guidelines below. Upon filing, the parties shall promptly email a Microsoft Word version of the Joint Purposed Jury Charge and the Verdict Form as filed, to the undersigned’s email address at [email protected] (the email’s subject line must include the case number and the text “Joint Proposed Jury Charge”). The Court prefers that the Proposed Jury Charge be based on the Fifth Circuit Pattern Jury Instructions (the most recent edition), but the Court may consider instructions based on another circuit’s pattern jury instructions. For general and preliminary jury instructions based on the Fifth Circuit Pattern Jury Instructions, the parties need only provide a list of the applicable section numbers and titles (e.g., § 1.05 Presumption of Innocence, Burden of Proof, Reasonable Doubt), not the full text. But if a section requires case- specific information (e.g., § 1.18 regarding Expert Opinion Testimony requires the name of expert and subject matter of the expert’s opinion testimony) or if the parties substantively modify the text of any section in the Joint Proposed Charge, the parties must also provide the full text of the affected section as modified and clearly identify the changes. Not Later Than Two Weeks Before Trial For substantive offense jury instructions based on the Fifth Circuit Pattern Jury Instructions, the parties must provide the section, title, and full text (modified with case specific information as needed) of the specific section containing the proposed instruction. If a party proposes an instruction from another circuit’s pattern jury instructions, that party must provide the section, title, and full text of the specific section containing the proposed instruction, along with the name of the circuit and the year/edition of the pattern jury instructions. If the parties disagree on any instruction or set of instructions (as provided under a section of the pattern jury instructions), each party must provide the full text of their respective proposed charge, denoting the party’s name and highlighting, or otherwise pointing out, those portions of the instruction or the set of instructions about which the parties disagree, and the nature of the parties’ disagreement. If a specific instruction or set of instructions is proposed by only one party, that party must provide the full text of the proposed instruction or set of instructions, denoting that proposing party’s name, and the other party must include the nature of its objection, if any, to the proposed instruction or set of instructions. - 2 - Not Later Than Ten Days Before Trial Proposed Voir Dire Questions and Case Summary (If Jury Trial). Each party shall file a list of questions it requests the Court to ask prospective jurors during voir dire. The parties shall also jointly file a summary of the case for the Court to read to the panel to determine whether any juror has prior knowledge of the case. Joint Motion in Limine (If Jury Trial). The parties shall file a Joint Motion in Limine but only after the parties confer and discuss their individual motion(s), if any. The Joint Motion in Limine shall identify the items that the parties jointly agree on and the items they dispute, including any related objections. The Court will address any disputed items at a pretrial conference held before trial. Joint Exhibit List. The parties shall file a Joint Exhibit List. Before filing, the parties must confer and discuss the admissibility of their respective exhibits. The Joint Exhibit List shall list the exhibits that the parties jointly agree to admit and identify any objections to the other party’s designated exhibits to which a party objects. The Court will address any disputed exhibits at a pretrial conference held before trial. The parties shall number their exhibits under Local Rule CV-16(h). Uploading Exhibits to Box.com. Before the pretrial conference, the Courtroom Deputy will email instructions with a Box File Request link to each party. The parties shall follow these instructions and upload all trial exhibits to Box. The file name for each uploaded exhibit must match that exhibit’s proposed label on the record and follow the naming convention required by the Jury Evidence Recording System (JERS): https://www.txwd.uscourts.gov/for-attorneys/jers-jury- evidence-recording-system/. Counsel must use specific, descriptive file names rather than vague or generic labels, as these file names will be visible to jurors when viewed through JERS at the end of a jury trial. Witness List. The parties shall file a list of any potential trial witnesses. Stipulated Facts. The parties shall file a list of proposed stipulated facts, if any. Length of Trial. The parties shall jointly file a statement with an estimate of the probable length of trial. Interpreters. Any need for an interpreter, for the Defendant or a witness, should be communicated to the Courtroom Deputy. - 3 - Not Later Than Seven Days Before Trial Technology. The parties must notify the Court if they intend to use laptops, tablets, or other electronic presentation device, including presenting paper exhibits on an ELMO document camera. If counsel fails to provide notice, the Court may prohibit the use of electronic presentation devices, and no extensions or accommodations will be granted for delays due to the unavailability of electronic presentation methods. Counsel are advised that technology in the Magistrate Courtrooms differs significantly from that in the District Courtrooms. During Voir Dire Each party will be allotted ten minutes to ask any other questions. During Opening Statements The Court will limit opening statements to ten minutes per side. The Court will consider allowing additional time for opening statements only in special circumstances (for example, multiple defendants). Before Close of Trial Parties must ensure that all trial exhibits admitted into evidence are uploaded to Box before deliberations begin. Exhibits not uploaded will not be available for release to the jury through JERS. So ORDERED and SIGNED this 28th day of January, 2026. ____________________________________ ANNE T. BERTON UNITED STATES MAGISTRATE JUDGE - 4 -