Definitions

Unless the context indicates a contrary intention, the following definitions apply in these rules: (a) Court. The word “court” means the district judges of the United States District Court for the Northern District of Texas, as a collective body. Presiding Judge. The term “presiding judge” means the judge to whom a case is (b) Assigned.

The word “judge” includes district judges and magistrate judges. (c) Attorney. The word “attorney” means either: (1) a person licensed to practice law by the highest court of any state or the District of Columbia; or (2) a party proceeding pro se in any criminal action. (d) Clerk.

The word “clerk” means the clerk of this court.

ECF.

The term “ECF” means electronic case filing and refers to the court’s web- (e) based document filing system that allows a document to be transmitted, signed, or verified by electronic means in a manner that is consistent with technical standards established by the Judicial Conference of the United States. Judge’s Copy. The term “judge’s copy” means a paper copy of an original (f) pleading, motion, or other paper that is submitted for use by the presiding judge. LCrR 16.1 Exchanging Exhibits, Exhibit Lists, and Witness Lists.

(a) Exchanging Exhibits. All exhibits, except those offered solely for impeachment, that a party intends to offer at trial, must be marked with gummed labels or tags that identify them by the exhibit number under which they will be offered at trial, and must be exchanged with opposing parties at least 14 days before the scheduled date for trial. When practicable, a copy of such exhibits must be furnished to the presiding judge. (b) Exchanging Exhibit and Witness Lists.

At least 14 days before the scheduled date for trial, the parties must file with the clerk and deliver to opposing parties and the court Page 1 reporter, separate lists of exhibits and witnesses, except those offered solely for impeachment. Effective September 3, 2024 LCrR 23.1 Proposed Findings in Nonjury Cases. Unless otherwise directed by the presiding judge, at least 14 days before trial in all nonjury cases, parties must file with the clerk and serve on opposing parties proposed findings of fact and conclusions of law. The parties must submit such amendments to the proposed findings of fact and conclusions of law as the presiding judge directs.

LCrR 24.1 Contact with Jurors. A party, attorney, or representative of a part or attorney, shall not, before or after trial, contact any juror, prospective juror, or the relatives, friends, or associates of a juror or prospective juror, unless explicitly permitted to do so by the presiding judge. LCrR 30.1 Requested Jury Charge. Unless otherwise directed by the presiding judge, at least 14 days before trial, each party must file with the clerk and serve on opposing parties the requested jury charge, including instructions.

The requested instructions should cite the authorities relied on. LCrR 32.1 Nondisclosure of Recommendation. A probation officer shall not disclose any recommendation regarding the sentence. LCrR 45.1 Time Deemed Filed.

A pleading, motion, or other paper that is filed by electronic means before midnight central time of any day will be deemed filed on that day. A pleading, motion, or other paper that is filed on paper before the clerk’s office is scheduled to close on any day will be deemed filed on that day. LCrR 47.1 Motion Practice. Unless otherwise directed by the presiding judge, motion practice is controlled by subsection (h) of this rule.

In addition, the parties must comply with the following: (a) Conference. Before filing a motion, an attorney for the moving party must confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed. Conferences are not required for motions to dismiss the entire action or indictment, or when a conference is not possible. Effective September 3, 2024 (b) Certificate of Conference.

(1) (2) (3) Each motion for which a conference is required must include a certificate of conference indicating that the motion is unopposed or opposed. If a motion is opposed, the certificate must state that a conference was held, indicate the date of conference and the identities of the attorneys conferring, and explain why agreement could not be reached. If a conference was not held, the certificate must explain why it was not possible to confer, in which event the motion will be presumed to be opposed. (c) Proposed Order.

An unopposed motion must be accompanied by an agreed proposed order, signed by the attorneys or parties. An opposed motion that is submitted on paper must be accompanied by a proposed order, set forth on a separate document, unless an order is not required by subsection (h) of this rule. (d) Brief. An opposed motion must be accompanied by a brief that sets forth the moving party’s contentions of fact and/or law, and argument and authorities, unless a brief is not required by subsection (h) of this rule.

A response to an opposed motion must be accompanied by a brief that sets forth the responding party’s contentions of fact and/or law, and argument and authorities. A responding party is not required to file a brief in opposition to a motion for which a brief is not required by subsection (h) of this rule. Time for Response and Brief. A response and brief to an opposed motion must be (e) filed within 14 days from the date the motion is filed.

(f) Reply Brief. Reply briefs may not be filed unless the moving party requests, and the presiding judge grants, leave to do so. If leave is granted, the reply brief shall be filed no later than the deadline set by the presiding judge. No Oral Argument.

Unless otherwise directed by the presiding judge, oral (g) argument on a motion will not be held. Effective September 3, 2024 (h) Uniform Requirements on Motion Practice. B - Brief required (not required with agreed motion) C - Certificate of conference required O - Order required MOTION (to/for) CHANGE OF VENUE COMPEL CONSOLIDATION CONTINUANCE DISMISS EXTEND TIME JUDGMENT OF ACQUITTAL LEAVE TO FILE LIMINE NEW TRIAL PRODUCE DOCUMENTS PROTECTIVE ORDER QUASH SANCTIONS SUBSTITUTE COUNSEL TRANSFER WITHDRAW X X X X X X X X X X X X B C O X X X X X X X X X X X X X X X X X X X X X X X X X X X X X NOTE: If a motion is not listed, a brief, certificate of conference, and an order are required. LCrR 47.2 Briefs.

Effective September 3, 2024 General Form. A brief must be printed, typewritten, or presented in some (a) other legible form. The brief must be on an 8½-by-11-inch page. The font size must be 12-point or larger.

The text must be double-spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single- spaced. Margins must be at least one inch on all four sides. Page numbers may be placed in the margins, but no text may appear there.

Amicus Briefs. An amicus brief may not be filed without leave of the (b) presiding judge. The brief must specifically set forth the interest of the amicus curiae in the outcome of the litigation. Length.

A brief must not exceed 25 pages (excluding the table of contents (c) and table of authorities). A reply brief must not exceed 10 pages. Permission to file a brief in excess of these page limitations will be granted by the presiding judge only for extraordinary and compelling reasons. (d) contain: (1) (2) (e) (1) (2) (3) Tables of Contents and Authorities.

A brief in excess of 10 pages must a table of contents with page references; and an alphabetically arranged table of cases, statutes, and other authorities cited, with page references to the location of all citations. Disclosure of Use of Generative Artificial Intelligence. A brief prepared using generative artificial intelligence must disclose this fact on the first page under the heading “Use of Generative Artificial Intelligence.” If the presiding judge so directs, the party filing the brief must disclose the specific parts prepared using generative artificial intelligence. “Generative Artificial Intelligence” means a computer tool (whether referred to as “Generative Artificial Intelligence” or by another name) that is capable of generating new content (such as images and text) in response to a submitted prompt (such as a query) by learning from a large reference database of examples.

A party who files a brief that does not contain the disclosure required by subsection (e)(1) of this rule certifies that no part of the brief was prepared using generative artificial intelligence. LCrR 47.3 Confirmation of Informal Leave of Court. When a presiding judge informally grants leave, such as an extension of time to file a response, an attorney for the party to whom leave is granted must file a document confirming the leave and must serve the document on all other parties. Effective September 3, 2024 LCrR 47.4 Motion Practice in Cases Seeking Post-Conviction Relief.

Motion practice in a prisoner application, motion, or petition filed under 28 U.S.C. § 2241, § 2254, or § 2255 is governed by the local civil rules. LCrR 49.1 Filing Criminal Cases. When a criminal case is filed, the United States must also submit, for each defendant, a completed criminal-case cover sheet, in the approved form. LCrR 49.2 Filing and Serving Pleadings, Motions, or Other Papers.

(a) Filing with the Clerk. Except for discovery material, a pleading, motion, or other paper that the Federal Rules of Criminal Procedure permit or require to be filed, that is submitted on paper, must be filed with the clerk’s office for the appropriate division. Such pleading, motion, or other paper must not be sent directly to the presiding judge. (b) Original and Judge’s Copy Required.

An original and one judge's copy of each pleading, motion, or other paper that is submitted on paper must be filed with the clerk. If a pleading, motion, or other paper is filed by electronic means, the judge's copy must be submitted following procedures set forth in the ECF Administrative Procedures Manual. Document Containing More Than One Pleading, Motion, or Other (c) Paper. Except for a proposed order, a document may contain more than one pleading, motion, or other paper.

Any such document must clearly identify in the title each included pleading, motion, or other paper. (d) (e) Certificate of Service. [REPEALED] Serving by Electronic Means. [REPEALED] (f) Electronic Filing Required. Unless the presiding judge otherwise directs, an attorney—other than a prisoner pro se party—must file any pleading (except an indictment or information), motion, or other paper by electronic means, subject to the restrictions and requirements of the ECF Administrative Procedures Manual. A party may, for cause, move to be excused from the requirement of electronic filing.

Effective September 3, 2024 Registration as an ECF User Required. Unless excused for cause, an (g) attorney—other than a prisoner pro se party—must register as an ECF user within 14 days of the date the attorney appears in a case, following the registration procedures set forth in the ECF Administrative Procedures Manual. LCrR 49.3 Required Form. In addition to the requirements of the Federal Rules of Criminal Procedure, each pleading, motion, or other paper must: (a) or other paper; contain on its face a title clearly identifying each included pleading, motion, (b) contain a signature block that sets forth the attorney’s bar number for the jurisdiction in which the attorney is admitted to practice, and a facsimile number and e-mail address where information may be sent to the attorney; (c) (d) use a page size of 8½ x 11 inches; be typed, printed, or legibly handwritten on numbered pages; and (e) when submitted on paper, unless otherwise provided by the local criminal rules or order of the presiding judge, be two-hole punched at the top and either stapled in the upper, left-hand corner or secured with a durable fastener at the top.

LCrR 49.4 Notice of Orders and Judgments. (a) Furnishing Copies of Orders and Judgments. Unless the presiding judge otherwise directs, the clerk shall furnish a copy of each order and judgment to counsel of record by first class mail or, where the clerk has the capability to do so, by electronic transmission. To receive orders and judgments by electronic transmission, the attorney of record must sign an agreement form provided by the clerk, and must comply with the applicable procedures established by the clerk.

Where a party is represented by more than one attorney of record, the attorney designated in accordance with LCrR 49.4 (b) or (c) shall receive copies of orders and judgments and distribute them to co-counsel for the same party who have not received a notice of electronic filing from ECF. (b) Designation of Counsel to Receive Orders and Judgments. The clerk shall designate an attorney to receive copies of orders and judgments, in the following manner: (1) the first attorney to sign an indictment; and Effective September 3, 2024 (2) the attorney appointed or retained to represent a defendant, or, when a defendant is represented by more than one attorney, the attorney who appears to be acting as lead counsel. (c) Change in Designation of Counsel.

If the attorney designated to receive orders and judgments desires that another attorney be substituted for this purpose, the attorney must request substitution in the manner prescribed by the clerk. LCrR 49.5 Electronic Signature. (a) What Constitutes Electronic Signature. [Repealed] (b) Requirements for Electronic Signature. [Repealed] (c) Certification of Signature of Another Person. By submitting a document by electronic means and representing the consent of another person on the document, an attorney who submits the document certifies that the document has been properly signed.

Requirements for Another Person’s Electronic Signature. An attorney (d) who submits a document by electronic means that is signed by another person—other than a charging document or a document signed by a defendant—must: (1) include a scanned image of the other person’s signature, or represent the consent of the other person in a manner permitted or required by the presiding judge; and (2) maintain the signed paper copy of the document for one year after final disposition of the case. LCrR 49.6 Requirement of Paper Copies of Certain Electronically-Filed Documents. When a charging document—including a complaint, information, indictment, or superseding indictment—or any document signed by a criminal defendant is submitted by electronic means, the attorney who submitted the document must deliver an original, signed paper document to the clerk within 7 days.

LCrR 53.1 Photographs, Broadcasting, Recording, and Television Forbidden. No person may photograph, electronically record, televise, or broadcast a judicial proceeding. This rule shall not apply to ceremonial proceedings or electronic recordings by an official court reporter or other authorized court personnel. Effective September 3, 2024 LCrR 53.2 Dress and Conduct.

All persons present in a courtroom where a trial, hearing, or other proceeding is in progress must dress and conduct themselves in a manner demonstrating respect for the court. The presiding judge shall have the discretion to establish appropriate standards of dress and conduct. LCrR 53.3 Weapons Forbidden. Firearms and other weapons are prohibited in areas of buildings designated for court use.

Such weapons may be carried by the United States Marshal, the marshal’s deputies, courtroom security personnel, and other law enforcement officers to whom a presiding judge has given authority. LCrR 55.1 Case Files. (a) Official Record. The electronic version of a document maintained on ECF, or the paper version of a document not so maintained, is the official record of the court.

(b) Inspection of Files. Except as otherwise limited by rule or by court order, the electronic portion of an original file in a pending or closed case shall be available for public inspection in the clerk’s office. The paper portion of an original file shall be available in the division where the case is filed, unless the file has been removed to a federal records center. The clerk shall not release the paper portion of a file from the clerk’s custody without the permission of the presiding judge, or except as permitted by subsection (d) of this rule.

(c) Inspection of Closed Files. [REPEALED] (d) Copies of Files. Upon request, the clerk shall provide copies of the contents of case files, including transcripts of oral depositions and court proceedings. The clerk shall charge the fee established by the court for this service. When large numbers of copies are requested, the clerk is authorized to release the file to a commercial copying service, and to direct that the fee charged be paid directly to the service.

LCrR 55.2 Disposition of Exhibits. Release While Case Pending. Without an order from the presiding judge, (a) no exhibit in the custody of the court may be removed from the clerk’s office while the case is pending. Removal or Destruction After Final Disposition of Case.

All exhibits in (b) the custody of the court must be removed from the clerk’s office within 60 days after final disposition of a case. The attorney who introduced the exhibits shall be Page 9 responsible for their removal. Any exhibit not removed within the 60-day period may be destroyed or otherwise disposed of by the clerk. Effective September 3, 2024