Interference with Government employees

327.24(b) Failure to comply with lawful order $90 $75 $100 $200 327.24(b) Failure to provide correct/complete identification information $150 Forfeiture of Collateral Schedule GSA Property Local Rule CR-58(b)(2)(F) Exhibit F Forfeiture of Collateral Schedule General Services Administration Property Western District of Texas (Revised March 24, 2016) 41 C.F.R. § 102–74.370 Inspection $50.00 Refusal to allow Federal agencies to inspect packages, briefcases and other containers in the immediate possession of visitors, employees or other persons arriving on, working at, visiting, or departing from Federal property, or refusal to allow a full search of a person and the vehicle the person is driving or occupying upon his or her arrest. 41 C.F.R. § 102–74.375 Admission to Property $50.00 Federal agencies must: (a) Except as otherwise permitted, close property to the public during other than normal working hours. In those instances where a Federal agency has approved the after-normal-working-hours use of buildings or portions thereof for activities authorized by subpart D of this part, Federal agencies must not close the property (or affected portions thereof) to the public; (b) Close property to the public during working hours only when situations require this action to provide for the orderly conduct of Government business. The designated official under the Occupant Emergency Program may make such decision only after consultation with the building manager and the highest ranking representative of the law enforcement organization responsible for protection of the property or the area.

The designated official is defined in § 102–71.20 of this chapter as the highest ranking official of the primary occupant agency, or the alternate highest ranking official or designee selected by mutual agreement by other occupant agency officials; and (c) When property or a portion thereof is closed to the public, restrict admission to the property, or the affected portion, to authorized persons who must register upon entry to the property and must, when requested, display Government or other identifying credentials to Federal police officers or other authorized individuals when entering, leaving or while on the property. Failure to comply with any of the above is a violation. 41 C.F.R. § 102–74.380 Preservation of Property $100.00 Improperly disposing of rubbish on property, willfully destroying or damaging property, stealing property, creating any hazard on property to persons or things, throwing articles of any kind from or at a building, or climbing upon statues, fountains or any part of the building. 41 C.F.R. § 102–74.385 Conformity with Signs and Directions $50.00 Failure to comply with official signs of a prohibitory, regulatory or directory nature, and failure to comply with the lawful direction of Federal police officers and other authorized individuals.

41 C.F.R. § 102–74.390 Disturbances $50.00 Loitering, exhibiting disorderly conduct, or exhibiting other conduct on property that (a) creates a loud or unusual noise or a nuisance; (b) unreasonably obstructs the usual use of entrances, foyers, lobbies, corridors, offices, elevators, stairways, or parking lots; (c) otherwise impedes or disrupts the performance of official duties by Government employees; or (d) prevents the general public from obtaining the administrative services provided on the property in a timely manner. 41 C.F.R. § 102–74.395 Gambling $50.00 (a) Except for the vending or exchange of chances by licensed blind operators of vending facilities for any lottery set forth in a State law and authorized by section 2(a)(5) of the Randolph–Sheppard Act (20 U.S.C. 107 et seq.), all persons entering in or on Federal property are prohibited from (1) Participating in games for money or other personal property; (2) Operating gambling devices; (3) Conducting a lottery or pool; or (4) Selling or purchasing numbers tickets. (b) This provision is not intended to prohibit prize drawings for personal property at otherwise permitted functions on Federal property, provided that the game or drawing does not constitute gambling per se. Gambling per se means a game of chance where the participant risks something of value for the chance to gain or win a prize.

41 C.F.R. § 102–74.400 Narcotics and Other Drugs $100.00 Being under the influence, using or possessing any narcotic drugs, hallucinogens, marijuana, barbiturates, or amphetamines; or Operating a motor vehicle on the property while under the influence of alcoholic beverages, narcotic drugs, hallucinogens, marijuana, barbiturates, or amphetamines. 41 C.F.R. § 102–74.405 Alcoholic Beverages $100.00 Except where the head of the responsible agency or his or her designee has granted an exemption in writing for the appropriate official use of alcoholic beverages, all persons entering in or on Federal property are prohibited from being under the influence or using alcoholic beverages. 41 C.F.R. § 102–74.410 Soliciting, Vending, and Debt Collection $50.00 All persons entering in or on Federal property are prohibited from soliciting alms (including money and non-monetary items) or commercial or political donations, vending merchandise of all kinds, displaying or distributing commercial advertising, or collecting private debts, except for (a) National or local drives for funds for welfare, health or other purposes as authorized by 5 C.F.R part 950, entitled “Solicitation Of Federal Civilian And Uniformed Service Personnel For Contributions To Private Voluntary Organizations,” and sponsored or approved by the occupant agencies; (b) Concessions or personal notices posted by employees on authorized bulletin boards; (c) Solicitation of labor organization membership or dues authorized by occupant agencies under the Civil Service Reform Act of 1978 (Pub.L. 95–454); (d) Lessee, or its agents and employees, with respect to space leased for commercial, cultural, educational, or recreational use under 40 U.S.C. 581(h). Public areas of GSA–controlled property may be used for other activities in accordance with subpart D of this part; (e) Collection of non-monetary items that are sponsored or approved by the occupant agencies; and (f) Commercial activities sponsored by recognized Federal employee associations and on-site child care centers.

41 C.F.R. § 102–74.415 Posting and Distributing Materials $50.00 Distributing free samples of tobacco products in or around Federal buildings. Posting or affixing materials, such as pamphlets, handbills, or flyers, on bulletin boards or elsewhere on GSA–controlled property, except as authorized in § 102–74.410, or when these displays are conducted as part of authorized Government activities. Distributing materials, such as pamphlets, handbills, or flyers, unless conducted as part of authorized Government activities. 41 C.F.R. § 102–74.420 Photographs for News, Advertising, $50.00 or Commercial Purposes Improperly taking photographs in violation of this provision, security regulations, rules, orders, directives, Federal court order, or rule.

41 C.F.R. § 102–74.425 Dogs and Other Animals $50.00 Bringing dogs or other animals on Federal property, except for official purposes or medically necessary purposes, such as a guide dog. 41 C.F.R. § 102–74.426 Breastfeeding $50.00 Interference with a woman breastfeeding her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location. 41 C.F.R. § 102–74.430 Vehicular and Pedestrian Traffic $50.00 Failure to drive in a careful and safe manner at all times. Failure to comply with the signals and directions of Federal police officers or other authorized individuals.

Failure to comply with all posted traffic signs. Failure to comply with any additional posted traffic directives approved by the GSA Regional Administrator, which will have the same force and effect as these regulations. Blocking entrances, driveways, walks, loading platforms, or fire hydrants. Parking on Federal property without a permit or parking without authority, parking in unauthorized locations or in locations reserved for other persons, or parking contrary to the direction of posted signs is prohibited.

Vehicles parked in violation, where warning signs are posted, are subject to removal at the owner's risk and expense. 41 C.F.R. § 102–74.435 Explosives $500.00 Carrying or possessing explosives, or items intended to be used to fabricate an explosive or incendiary device, either openly or concealed on federal property. 41 C.F.R. § 102–74.440 Weapons $500.00 Possessing firearms or other dangerous weapons in Federal facilities and Federal court facilities by persons not specifically authorized by 18 U.S.C. 930. Violators will be subject to fine and/or imprisonment for periods up to five (5) years.

EXHIBIT G

Bureau of Land Management 6 USC 433 16/433 American Antiquities 16/460 1-6a Non-payment of Camping Fees 16/670j(a)(2) Violation of Habitat Management Plan Regulations 18/42 Importation of Injurious Species 18/1361 Vandalism 18/1852 Timber Removed or Transported 18/1853 Trees Cut or Injured 18/1856 Fires Left Unattended 18/1857 Fences Destroyed - Livestock Entering 18/1858 Survey Marks Destroyed or Removed 43/1061 Unlawful Inclosure 43/1063 Obstruction of Transit Over Public Lands 43 C.F.R 4140.1 (b)(1) Allowing Livestock on Public Land Without Permit or Lease $100.00 $25.00 $100.00 $500.00 $100.00 $100.00 $100.00 $75.00 $100.00 $100.00 $150.00 $100.00 $100.00 (2) Disturbing or Installing Range Improvements $100.00 (3) Cutting, Burning, Spraying, Destroying, or Removing Vegetation (4) Damaging or removing U.S. Property (5) Molesting Livestock (6) Littering (7) Interfering with Lawful Uses or Users $100.00 $100.00 $50.00 $50.00 $100.00 (8) False Statements 4760.2 (a) Removes Wild Horse or Burro from Public Lands (b) Converts Wild Horse or Burro to Private Use (c) Cause Death or Harassment of Wild Horse or Burro (d) Processing Wild Horse or Burro into Commercial Products (e) Sells Wild Horse or Burro $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 (f) Uses Wild Horse or Burro for Commercial Exploitation $100.00 (g) Inhumane Treatment of Wild Horse or Burro (h) Use of Wild Horse or Burro for Bucking Stock (i) (j) Failure to Product Wild Horse or Burro for Inspection Failure to Notify of Death of Wild Horse (k) Removal or Alteration of Official Mark (l) Abandons Wild Horse or Burro $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 (m) Fails to Attempt to Capture Escaped Wild Horse or Burro $100.00 (n) Accepts Wild Horse or Burro for Slaughter or Destruction $100.00 (o) Failure to Retain Wild Horse or Burro Certification $100.00 8223.1 (a) Occupancy of Research Natural Area (b) Use Contrary to Purpose of Research Natural Area (c) Non-Destruction Use Only 8341.1 (b) ORV Operation Off Designated Areas And Trails (c) ORV Operation in Closed Area $50.00 $50.00 $50.00 $50.00 $50.00 (f) 1) Reckless/ Negligent Operation 2) Excess of Established Limits Minimum bail of $15.00, plus $1.00 per mile over posted speed limit 3) Under the Influence of Drugs or Alcohol 4) Causing Environmental Damage 5) During Night Hours Without Headlights and Taillights 8341.1 (g) Failure of ORV to Yield Right-of-Way 8341.1 (a) Brakes Required (b) Muffler Required (c) Spark Arrester Required Where Posted (d) Headlight and Taillight Standards for Nighttime Operation 8351.1-1 (a) Operation of Motorized Vehicle on National Scenic Trail 8351.2-1 (a) Special Rules - Wild and Scenic Rivers Act 8352.1 (a) Occupancy of Outstanding Natural Area (b) Use That Unnecessarily Detracts 8352.4 (a) Primitive Area - Travel by Non-mechanized Means Only (b) Construction in Primitive Areas (c) Conducting Non-Recreational Activities 8364.1 (d) Violation of Closure Order 8365.1-1 (b)(1) Littering, Non-Flammable Material (2) Littering, Flammable Material (3) Unauthorized Draining of Sewage $250.00 Mandatory Appearance $100.00 $50.00 $25.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $100.00 $100.00 $50.00 $100.00 $50.00 $50.00 $100.00 $100.00 $100.00 (4) Waste Disposal From Private Property (5) Pollution of Water Supplies (6) Improper Use of Refuse/Disposal Facility 8365.1-2 (a) Camping Longer Than Permitted (b) Unattended Personal Property, 10 Days 8365.1-3 (a) Reckless, Careless, Negligent Vehicle Operation (b) Reckless Endangerment 8365.1-4 Creating a Risk or Public Disturbance 8365.1-4 (a) Unreasonable Noise (b) Creating a Hazard or Nuisance (c) Refusing to Disperse (d) Resisting Arrest, Citation; Interfering with Officer (e) Assault or Battery on BLM Employee (f) False Emergency or Crime Report 8365.1-5 (a)(1) Deface, Remove, Destroy Personal Property, Or Structures, Resources (a)(2) Deface, Remove, Destroy Plants, Rocks Minerals, Caves (a)(3) Use of Motorized Devices or Explosives For Collecting 8365.1-6 Supplementary Rules 8365.2-1 (a) Cleaning Fish, Game, Clothing, etc., at any Water Faucet in Recreation Site $100.00 $100.00 $25.00 $50.00 $25.00 $100.00 $250.00 $50.00 $50.00 $50.00 $100.00 Mandatory Appearance Mandatory Appearance $100.00 $100.00 $100.00 $100.00 $50.00 $50.00 (b) Improper Deposit of Human Waste in Recreation Site $50.00 (c) Animals Not On Leash or Physically Restricted In Recreation Site 8365.2-2 (a) Excessive Noise from Audio Device in Recreation Site (b) (c) Use of a Public Address System in Recreation Site Erecting an Antenna Other than on a Vehicle in a Recreation Site 8365.2-3 (a) Failure to Pay Camp Fee (b) ©) Erecting or Placing Camping Equipment in a Undesignated Area in Recreation Site Unattended Personal Property, 24 Hours (Day Use Area); 72 hrs. in Other Areas Of a Recreation Site (d) Build a Fire Except in Stove, Grill, etc. (e) Entering or Loitering in Closed Campgrounds During Night Periods (f) Enter or Use a Site Closed to Public Use (g) Campsite Occupied by More People Than Permitted (h) Move Any Campground Provided Equipment 8365.2-4 Operating Motor Vehicle Except on Roads or Places Provided in Recreation Sites 8365.2-5 (a) Use or Discharge of Fireworks (b) Use or Discharge of Firearms ©) Bringing an Animal to a Swimming Area In a Recreation Site $50.00 $50.00 $50.00 $50.00 $25.00 $50.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $50.00 $50.00 $100.00 $25.00 8372.1-1 Special Recreation Permits Required (a) (b) (c) (d) Commercial Use Competitive Use Off-Road Vehicle Events Special Area Use 9212.1 (a) Igniting Fire Other Than Campfire (b) Fire Tracer or Incendiary (c) Burn Vegetation Except in Campfires (d) Abandoning Campfire (e) Campfire Without Proper Clearance (f) Interfere With Firefighters (g) Enter Fire Closed Area (h) Violate Fire Prevention Orders $250.00 $50.00 $50.00 $50.00 $100.00 $50.00 $100.00 $75.00 $25.00 * $50.00 $25.00 9268.3(c)(1) (i) Natural Feature Destruction in Recreation Site $100.00 (ii) Facility Destruction in Recreation Site 9268.3(c)(2) (i) Facility Destruction (ii) Harvest or Remove Vegetation, Minerals, Antiquities (iii) Appropriate or Deface Natural Features, Antiquities Public or Private Property (iv) Dig or Remove Tree or Shrub (v) Commercial Gathering of Resources (vi) Operating Vehicle to Chase or Frighten Livestock Or Wildlife (vii) Use of Motorized Devices or Explosives For Collecting 9268.3 Violation of Closure Order * * $100.00 $100.00 $100.00 $100.00 $100.00 $50.00 $50.00 * MANDATORY APPEARANCEForfeiture of Collateral Schedule United States Postal Service Local Rule CR-58(b)(2)(H) Exhibit H Forfeiture of Collateral Schedule United States Postal Service Western District of Texas (Revised November 2019) 39 C.F.R. SECTION 232.1 SECTION NUMBER COLLATERAL (b)(1) Failure to submit to the inspection of a purse, briefcase, or other container (b)(2) Failure to submit to the inspection of a vehicle and its contents (b)(3) Unauthorized entry onto postal property $100 $100 $150 Improper disposal of rubbish and creating any hazard to person or things $50 (c) (d) Failure to comply with signs or directions from security personnel (e) Disorderly conduct (f) Gambling (g)(1) Under the influence of alcohol or a controlled substance; Operating a motor vehicle while under the influence of alcohol or a controlled substance; Possession, sale, or use of alcohol or a controlled substance (g)(2) Smoking (h)(1-3) Unauthorized soliciting, electioneering, collecting debts, vending, advertising, leafleting, picketing, and demonstrating on postal property (h)(4) Unauthorized voter registration activities (h)(5) Prohibited furniture, signs, posters on postal property (h)(5)(i)Unauthorized photography (j) Unauthorized animal on postal property 25 $100 $250 $100 $250 $100 $100 $250 $100 $150 $100 Forfeiture of Collateral Schedule United States Postal Service (k)(1) Failure of a driver to possess a valid driver’s license; Failure to possess and display vehicle registration and required licenses (k)(2) Driving with a suspended or revoked driver’s license (k)(3) Careless or unsafe driving (k)(4) Blocking entrances, driveways, walks, loading platforms, or fire hydrants (k)(5) Unauthorized parking (l) Carrying or storing firearms, deadly weapons, and explosives (m) Discrimination $50 $100 $250 $100 $50 $250 $250 (n)(1) Unauthorized filming, televising, broadcasting a Board of Governors’ meeting $100 (n)(2) Disorderly conduct during a Board of Governors’ meeting (o) Depositing literature 18 UNITED STATES CODE §1693 Carriage of Mail §1701 Obstruction of Mails §1713 Issuance of money orders without payment §1719 Use of official envelope, label, or endorsement for private use §1729 Unauthorized post office §1730 Uniforms of carriers §1731 Vehicle falsely labeled as carrier $250 $100 $100 $200 $200 $100 $250 $250 $250 26 Forfeiture of Collateral Schedule National Security Agency Local Rule CR-58(b)(2)(I) Exhibit I Forfeiture of Collateral Schedule National Security Agency (NSA) Western District of Texas (Revised March 2020) Title 32, Code of Federal Regulations (CFR) Section Number Collateral §228.2 Control of activities on protected property $50 Failure to comply with official signs of a prohibitory, regulatory, or directory nature, or with the direction of Security Protective Officers and any other duly authorized personnel. §228.3 Restrictions on admission to protected property $50 Unauthorized entry onto protected property. Failure to display, when requested, government or other identifying credentials to the Security Protective Officers or other duly authorized personnel when entering, leaving, or while on the property. §228.4 Control of vehicles on protected property $50 Failure to comply with the signals and directions of Security Protective Officers or other duly authorized personnel and any posted traffic instructions.

Failure to drive in a safe and careful manner at all times, in compliance with applicable motor vehicle laws. §228.5 Enforcement of parking regulations $50 Unauthorized parking on protected property. Parking without a permit or other authorization, parking in unauthorized locations or in locations reserved for other persons, or parking contrary to the direction of posted signs or applicable state or federal laws and regulations is prohibited. §228.6 Security inspection $50 Failure to submit any personal property to inspection, including but not limited to any packages, briefcases, containers or vehicles brought into, while on, or being removed from protected property.

Failure to submit to a search of a person. §228.7 Prohibition on weapons and explosives $50 Carrying or possessing on protected property, either openly or concealed, firearms, any illegal or legally controlled weapon (e.g., throwing stars, switchblades), explosives, or items intended to be used to fabricate an explosive or incendiary device, except as authorized by the NSA Director of Security or the designee at each Agency facility. Unauthorized use of chemical agents (Mace, tear gas, etc.) on protected property in circumstances that do not include an immediate and unlawful threat of physical harm to any person or persons. §228.8 Prohibition on photographic/electronic/transmitting equipment $50 Bringing or possessing any kind of unauthorized photographic, recording or transmitting equipment (including but not limited to cameras, cellular telephones, or recorders) on protected property.

§228.9 Prohibition on narcotics and illegal substances $50 Entering or being on protected property under the influence of, or while using or possessing, any unprescribed narcotic drug, hallucinogen, marijuana, barbiturate or amphetamine. Operation of a motor vehicle entering or while on protected property by a person under the influence of any unprescribed narcotic drugs, hallucinogens, marijuana, barbiturates or amphetamines. §228.10 Prohibition on alcohol $50 Entering or being on protected property under the influence of alcoholic beverages. Operation of a motor vehicle entering or while on protected property by a person under the influence of alcoholic beverages.

Unauthorized use of alcoholic beverages on protected property. §228.11 Restrictions on the taking of photographs $50 Unauthorized taking of photographs on protected property, to include the use of television cameras, videotaping equipment, and still or motion picture cameras. §228.12 Physical protection of facilities $50 The willful destruction of, or damage to any protected property, or any buildings or personal property thereon. The theft of any personal property, the creation of any hazard on protected property to persons or things, and the throwing of articles of any kind at buildings or persons on protected property.

The improper disposal of trash or rubbish, or any unauthorized or hazardous materials on protected property. §228.13 Disturbances on protected property $50 Any conduct which impedes or threatens the security of protected property, or any buildings or persons thereon, or which disrupts the performance of official duties by Agency employees, or which interferes with ingress to or egress from protected property is prohibited. Disorderly conduct or any failure to obey an order to depart the premises, any unwarranted loitering, any behavior which creates loud or unusual noise or nuisance, or any conduct which obstructs the usual use of entrances, foyers, lobbies, corridors, offices, elevators, stairways or parking lots. §228.14 Prohibition on gambling $50 Unauthorized gambling on protected property to include, the operating of gambling devices, the conduct of a lottery, or the selling or purchasing of numbers tickets.

§228.15 Restriction regarding animals $50 Unauthorized animals on protected property. §228.16 Soliciting, vending, and debt collection $50 Engaging in unauthorized commercial or political soliciting, vending of all kinds, displaying or distributing commercial advertising, collecting private debts or soliciting alms on protected property. §228.17 Distribution of unauthorized materials $50 Unauthorized distributing, posting or affixing materials, such as pamphlets, handbills, or flyers, on protected property. Forfeiture of Collateral Schedule Federal Indian Reservation Local Rule CR-58(b)(2)(J) Exhibit J Forfeiture of Collateral Schedule Federal Indian Reservation Western District of Texas (Revised April 2023) TEXAS TRANSPORTATION CODE SECTION NUMBER COLLATERAL §472.022 Failure to obey warning signs §502.059(c)/(f) Operation of motorcycle without registration insignia §502.407 Operation of vehicle with expired registration §502.472 Operation of unregistered or improperly registered vehicle §502.473 Operation of vehicle without registration insignia §502.475(a)(1-3) Wrong, altered, or obscured insignia $90 $75 $75 $75 $75 $75 §503.067 Unauthorized reproduction/use of Temporary Tags $100 §504.943 Operation of vehicle without a license plate §504.944 Operation of vehicle with wrong license plate $75 $75 §504.945 Displaying wrong, fictitious, altered or obscured license plate $75 §521.021 Operating a motor vehicle with no driver’s license issued $75 §521.025 Operating a motor vehicle while not possessing driver’s license $75 §521.054 Failure to notify change of address within 30 days §521.221 Failure to obey license restrictions §521.453 Fictitious license or certificate 1 $35 $35 $150 Forfeiture of Collateral Schedule Federal Indian Reservation §521.457 Driving while license invalid §521.458 Permitting unauthorized minor to drive §522.011 Operating a commercial vehicle without proper license §522.032 §522.042 Failure to notify change of name or address on commercial driver’s license Operating vehicle with commercial driver’s license without proper endorsement $110 $85 $75 $50 $75 §522.043 Operating a commercial motor vehicle in violation of restriction $75 §522.071 Operating a commercial motor vehicle while disqualified §542.501 Failure to obey school cross walk commands §544.004 Compliance with a traffic control device §544.007 Failure to obey traffic control signal §544.008 Failure to stop at flashing red signal §544.009 Lane direction control signals §544.010 Failure to obey stop/yield sign §545.051 Failure to drive on right side of roadway §545.053 Improper passing on the left §545.054 Unsafe distance when passing on the left §545.055 Passing in a no passing zone $75 $100 $85 $85 $85 $85 $85 $85 $85 $85 $85 §545.056 Improper driving to left of center of roadway when not passing $85 §545.057 Improper passing on the right §545.058 Improper driving on improved shoulder §545.059 Driving in the wrong direction on one-way street or rotary §545.060 Failure to maintain traffic lane $85 $85 $85 $85 2 Forfeiture of Collateral Schedule Federal Indian Reservation §545.061 Failure to yield on multiple lane roadway §545.062 Unsafe following distance §545.063 Improper crossing of divided highway §545.066 Passing a school bus receiving or discharging students 1st Offense – Minimum $500; Maximum $1250 2nd Offense – Minimum $1000; Maximum $2000 §545.101 §545.102 Improper turn at intersection Improper U-turn on curve or crest of a grade §545.103 Unsafe turn §545.104 Signaling turns; use of turn signals §545.151 Failure to yield the right of way at intersection §545.152 Failure to yield the right of way while making a left turn into approaching traffic §545.153 Failure to yield the right of way at stop/yield sign §545.155 Failure to yield right of way when entering from alley, building, private road, or driveway §545.156 Failure to yield the right of way to emergency vehicles §545.157 Improper passing of emergency or TXDOT vehicle causing property damage §545.251 Failure to obey railroad crossing signal/device §545.252 Failure to stop at railroad grade crossing §545.253 Failure to stop at railroad grade crossing (bus) §545.2535 Failure to stop at railroad grade crossing (school bus) §545.256 Emerging from alley, driveway or building §545.301 Obstructing traffic by stopping or parking (main roadway) §545.302 Prohibited stopping, standing, or parking §545.303 Parking against the flow of traffic $85 $85 $85 $500 $85 $85 $85 $85 $85 $85 $85 $85 $85 $150 $100 $100 $125 $135 $85 $65 $35 $35 3 Forfeiture of Collateral Schedule Federal Indian Reservation §545.351 (a) Speeding 1-10 MPH above posted limit 11-15 MPH above posted limit 16-20 MPH above posted limit 21+ MPH above postal limit $185 $210 $235 $260 Speeding in School Zone Add $50 to speeding fine (b) (c) Speeding causing a collision Speeding when a specific hazard exists with regard to weather or highway condition §545.363 Minimum speed regulations/impeding traffic §545.401 Minimum speed regulations/impeding traffic §545.402 Unsafe start from stop §545.404 Unattended motor vehicle §545.412 Child passenger safety seat systems §545.413(a) No seat belt §545.413(b) Driver responsibility for seat belt/passenger under 17 §545.414 Riding in open beds of pickups or trailer §545.415 Improper backing §545.416 Improper riding on motorcycle §545.417 Obstruction of operator’s view or vehicle operation $200 $150 $65 $200 $70 $60 $150 $50 $200 $70 $85 $75 $75 §545.420 Racing on highway Mandatory Appearance §545.421 Fleeing or attempting to elude a police officer Mandatory Appearance 4 Forfeiture of Collateral Schedule Federal Indian Reservation §545.422 Crossing sidewalk or hike/bike trail §545.423 Cutting across certain property prohibited §545.424 Operation of vehicle by person under 18 years of age §545.425(b) Use of wireless device in a school crossing zone §545.425(c) Use of wireless communications device while operating a school bus §545.4251 Using a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle §545.4252 Using a wireless communication device while operating a motor vehicle on the property of a school with a designated school crossing zone, during the time a reduced speed limit is in effect for the school crossing zone §547.004 Defective equipment/unsafe operation §547.302 Duty to display lights §547.303 Color of lighting/signaling device and reflector §547.305 Restrictions on use of lights §547.321 Improperly equipped headlamps §547.322 Improperly equipped tail lights/license plate light §547.323 Improperly equipped stop lamps §547.324 Improperly equipped turn signals §547.325 Failure to equip vehicle with reflectors §547.328 Improperly equipped fog lamps 5 $60 $70 $85 $200 $200 $100 $150 $65 $65 $65 $65 $65 $65 $65 $65 $25 $65 Forfeiture of Collateral Schedule Federal Indian Reservation §547.333 Failure to dim headlamps §547.501 Defective/improper use of audible warning device §547.601 Safety belts required (installed) §547.602 Rear view mirror required (installed) §547.603 Operational windshield wipers required (installed) §547.604 Defective equipment – muffler §547.607 No fire extinguishers on school bus or public transportation §547.611 Use video equipment and television receivers by driver §547.612 Defective equipment – tires §547.613 Window tinting/obstructing windows §547.616 Use of radar interference devices §547.801 Defective lights on motorcycle §548.603 Fictitious or counterfeit inspection/insurance §548.604 Operation vehicle in violation or in a mechanical condition that endangers a person §550.022(c) Failure to stop at accident involving damage to vehicle, less than $200 in damage (hit and run) $65 $65 $65 $65 $65 $65 $85 $50 $65 $65 $250 $65 $175 $150 $200 §550.023 Failure to give information and render aid (hit & run) $150 §550.024 Duty upon striking unattended vehicle, less than $200 damage $150 §550.025 Duty upon striking structure, less than $200 damage §550.026 Failure to report of accident involving injury or damage $150 $150 6 Forfeiture of Collateral Schedule Federal Indian Reservation §551.102 Improper bicycle riding §551.104 Lamps and other equipment on bicycles §552.002 Pedestrian crossing on “Don’t Walk” or “Wait” signal §552.003(a) Failure to yield to pedestrian in crosswalk §552.003(b) Pedestrian fails to yield right-of-way to motor vehicle §552.003(c) Passing of vehicle stopped for pedestrian in crosswalk §552.005 Pedestrian crossing at point other than crosswalk §552.006 Failure to use sidewalk when provided §552.007 Solicitation by pedestrian (hitch hiking) §552.008 Failure of driver to exercise due care §601.191 No liability insurance (1st offense) §601.191 No liability insurance (2nd offense) §661.003 Motorcycle driver or passenger not wearing helmet §681.011(a) Unauthorized use of handicap/DV plate §681.011(b) Parking in area designated for disabled- no display of placard or license plate §681.011(c) Parking that blocks an architectural improvement designed to aid persons with disabilities $40 $40 $50 $75 $50 $50 $50 $50 $50 $75 $175 $350 $100 $500 $500 7 Forfeiture of Collateral Schedule Federal Indian Reservation 1st Offense - $500 minimum; $750 maximum 2nd Offense - $500 minimum; $800 maximum and up to 10 hours of community service 3rd Offense - $550 minimum; $800 maximum and not less than 20 hours or more than 30 hours community service 4th Offense - $800 minimum; $1,100 maximum and up to 50 hours of community service 5th Offense - $1250 fine and up to 50 hours of community service §725.021 Uncovered load of loose materials TEXAS HEALTH AND SAFETY CODE §365.012(a) Littering §481.125(a) Possession of drug paraphernalia §821.102(a)(1) Unreasonable restraint of dog without adequate shelter §821.102(a)(2) Unreasonable restraint of dog-water/waste §821.102(a)(3) Unreasonable restraint of dog in direct sunlight §821.102(b)(4) Unreasonable restraint of dog chain, collar, length §822.012 Dog and coyote prohibited from running at large §822.044 Attack by dangerous dog causing bodily injury §826.022(a) Failure/refusal to vaccinate cat or dog, if required §826.032(a) Failure/refusal to register cat or dog, if required §826.034(a) Failure/refusal to restrain cat or dog, if required §826.044(a)(1) Failure/refusal to quarantine cat or dog, if required $75 $100 $100 $250 $250 $250 $250 $100 $200 $50 $50 $50 $50 §828.010(a) Failure to sterilize adopted dog or cat pursuant to Chapter 828 $250 8 Forfeiture of Collateral Schedule Federal Indian Reservation TEXAS PENAL CODE §22.01(a)(3)/(c) Offensive Touching §22.10 Leaving an unattended child under seven in a vehicle §28.03 §28.08 (b)(1) Criminal Mischief less than $100 (b)(2) Criminal Mischief $100-$750 (b)(1) Graffiti less than $100 (b)(2) Graffiti $100-$750 §30.05 (d)(1-3) Criminal Trespass §31.03 (e)(1) Theft less than $100 (e)(2)(A)Theft $100-$750 §38.02 (c)(1-2)/(d)(1) Failure to Identify §42.01(a) Disorderly conduct $150 $250 $100 $150 $100 $150 $100 $100 $150 $50 $50 §42.01(a) Disorderly conduct in a public place $100 (1) abusive, indecent, profane, or vulgar language in incite a breach of peace (2) offensive gesture or display to incite an immediate breach of the peace (3) creates, by chemical means, a noxious and unreasonable odor (4) abuses or threatens a person in an obviously offensive manner (5) makes unreasonable noise (6) fights with another (7) discharges a firearm (8) displays a firearm or other deadly weapon in a manner calculated to alarm (9) discharges a firearm on or across a public road (10) exposes anus/genitals and reckless if another present will be offended or alarmed (11) for a lewd/unlawful purpose looks in the window of a house or hotel, or restroom §42.07(a) Harassment §49.02 Public intoxication §49.031 Open container (possession of alcoholic beverage in motor vehicle) $100 $100 $100 9 TEXAS GOVERNMENT CODE §418.173 Violation of Emergency Management Plan $250 TEXAS ALCOHOLIC BEVERAGE CODE §106.04 Consumption of Alcohol by a Minor §106.041 Minor Driving Under the Influence (DUI) §106.05 Possession of Alcohol by a Minor UNITED STATES CODE, TITLE 18 §113(a)(5) Simple Assault, victim 16 and older §1164 Destroying boundary and warning signs §1165 Hunting, trapping, or fishing on Indian land $250 $250 $250 $250 $250 $250 10 SECTION III – ATTORNEYS RULE AT-1.

ADMISSION OF ATTORNEYS (a) Eligibility for Admission. (1) In General. An attorney may be admitted to the bar of the U.S. District Court for the Western District of Texas if the attorney is licensed to practice by the highest court of a state, is in good standing in that bar; and has good personal and professional character. An applicant who is not licensed to practice by the highest court of any state may apply for admission, however, if admitted, such an attorney must obtain a license from the highest court of any state within one year after being admitted to the bar of this Court.

(2) Bankruptcy Court. An attorney seeking to practice before the Bankruptcy Court for the Western District of Texas must make application to the U.S. District Court for the Western District of Texas as this rule requires. (b) Application for Admission. (1) Contents.

An application for admission must be made on the form prescribed by the court. It must be supported by a certificate of good standing (or equivalent documentation) from the highest state court and the United States district court, if licensed, where the applicant practices. All certificates of good standing must be dated no earlier than 60 days before the date the application is filed. The application must also be supported by two letters of recommendation in the form prescribed by the court.

For an applicant residing in this district, the letters must be from attorneys admitted to practice and in good standing in the bar of this court. For an applicant practicing in another federal judicial district, the letters must be from attorneys admitted to practice and in good standing in the bar of that court. The letters must be written and dated no earlier than 6 months before the date the application is filed. (2) Seminar Requirement.

Within one year before the application is filed, the applicant must complete a live, video or on-line continuing legal education program on federal court practice approved by the court, and must certify that attendance on a form prescribed by the court. This requirement does not apply to a nonresident applicant who is admitted to practice and in good standing in the bar of another U.S. district court. In the event that the applicant was previously admitted to this Court and previously fulfilled the CLE requirement, this requirement is waived. (3) Filing.

An applicant residing in this district must file the application with the clerk in the division where he or she resides. An applicant residing outside this district may file the application in any division of the district. (4) Time for Completing Application. An applicant must complete all requirements for admission (including any requested supplemental or explanatory information) within one year after filing an application.

If the applicant fails to do so, the application expires. In that event, an applicant who seeks admission again must file a new application. (c) Divisional Committee on Admissions. In each division of this court there is AT 1 - 1 constituted a committee on admissions, which reviews applications for admission to the bar of this court and makes appropriate recommendations to the court.

(1) Composition. Each committee on admissions has five or more members, including a chair. To the extent possible, the committee should include civil, criminal, and bankruptcy practitioners. Those eligible for service on the committee are attorneys licensed to practice in this district and in good standing, and maintaining a law office in the division served.

The members and chair are appointed by the judges resident in, or responsible for, the division. (2) Terms. Membership terms should be staggered so that approximately one third of the members' terms expire each year. The term is 3 years, unless a shorter period is required to achieve staggered terms.

The terms of members and the chair may be renewed one or more times. (3) Quorum. A quorum of a committee consists of three members, participating either in person or by electronic means. (d) Action on Applications.

(1) Clerk's Duties. The clerk will inspect applications for completeness, and may request the applicant to provide supplemental or explanatory information. The clerk will forward completed applications to the committee chair. (2) Examination by the Committee.

The committee will meet with reasonable frequency to examine applications referred to it. The committee may request the applicant to provide supplemental or explanatory information, and may request that the applicant appear before it. If the committee determines that an applicant meets all requirements for admission, it will report that recommendation to the judge or judges of the division. If the committee does not recommend an applicant for admission, the chair of the Divisional Committee will promptly inform the applicant.

(3) Review by the Court. An applicant who is not recommended for admission may request that the court review the application. A request for review must be made in writing within 30 days of receipt of the committee's notification, addressed to the judge or judges of the division, with a copy to the committee chair. Upon receipt of a request for court review, the chair will send the committee's file on the applicant to the court.

(e) Procedure for Admission. (1) In General. After approval by the committee, and upon motion of a member of the bar of this court made in open court, an attorney may be admitted to practice. To complete admission, the attorney must pay the prescribed admission fee, and must take in open court the following oath or affirmation: AT 1 - 2 "I do solemnly [swear or affirm] that I will discharge the duties of attorney and counselor of this court faithfully, that I will demean myself uprightly under the law and the highest ethics of our profession, and that I will support and defend the Constitution of the United States." (2) Special Procedure for Non-Resident Attorney.

A non-resident attorney who has completed all other requirements for admission may, with the approval of a judge of the division where the application was filed, have the oath or affirmation of admission administered by a judge in another federal judicial district. When the attorney files the oath or affirmation with the clerk and pays the prescribed admission fee, the attorney will be admitted to practice in this district. (f) Appearance Pro Hac Vice. (1) In General.

An attorney who is licensed by the highest court of a state or another federal district court, but who is not admitted to practice before this court, may represent a party in this court pro hac vice only by permission of the judge presiding. Unless excused by the judge presiding, an attorney is ordinarily required to apply for admission to the bar of this court. (2) Procedure. An attorney seeking admission pro hac vice must make application on a form prescribed by the court, and must pay the prescribed fee to the clerk.

An attorney admitted pro hac vice must read and comply with the Local Court Rules for the Western District of Texas. By appearing in any case, an attorney becomes subject to the rules of this court. (3) Bankruptcy Court. Admission to practice pro hac vice before the district’s bankruptcy court rests in the sole discretion of the bankruptcy judge to whom the motion is addressed.

Such admission is limited to the particular case or matter for which it is approved; it is not a general admission to practice before the bankruptcy court or the district court. (g) Special Procedures for an Attorney Employed by a Governmental Entity. An application for admission by an attorney employed by the U.S. Department of Justice, the Attorney General of Texas, the Federal Public Defender for the district, or other governmental entity must be made on the form prescribed by the court, and supported with the required certificate of good standing. In lieu of submitting two letters of recommendation, an attorney covered by this subdivision need only submit a letter of recommendation from his or her supervising attorney.

In addition, such an attorney is exempt while so employed from payment of any fee for admission, pro hac vice appearance, or membership renewal. (h) Renewal of Membership. A member of the bar of this court must renew the membership every 3 years after admission by paying the prescribed renewal fee to the clerk. If the renewal fee is not timely paid, the attorney will be removed from the rolls of the court.

An attorney so removed who wishes to practice in this court must reapply for admission.

AT 1 - 3 RULE AT-2.

LOCAL COUNSEL A judge presiding has discretion to require, upon notice, that an attorney who resides outside the district designate as local counsel an attorney who is licensed in this court and maintains a law office in this district. Local counsel must have authority to act as attorney of record for all purposes, and must be prepared to present and argue the party's position at any hearing or status conference called.

AT 2 - 1 RULE AT-3.

WITHDRAWAL OF ATTORNEY

An attorney seeking to withdraw from a case must file a motion specifying the reasons for withdrawal and providing the name and office address of the successor attorney. If the successor attorney is not known, the motion must set forth the client's name, address, and telephone number, and must bear either the client's signature or a detailed explanation why the client's signature could not be obtained after due diligence.

AT 3 - 1 RULE AT-4.

STANDARDS FOR PRETRIAL CONDUCT (a) Obligation to Cooperate. Before noticing or scheduling a deposition, hearing, or other pretrial event, a lawyer should consult and work with opposing counsel to accommodate the needs and reasonable requests of all witnesses and participating lawyers. In scheduling a pretrial event, lawyers should strive to agree upon a mutually convenient time and place, seeking to minimize travel expense and to allow adequate time for preparation. If a lawyer needs to reschedule a deposition or other pretrial event, the lawyer should give prompt notice to all other counsel, explaining the conflict or other compelling reason for rescheduling.

(b) Requests for Extensions of Time. The court expects a lawyer to grant other lawyers' requests for reasonable extensions of time to respond to discovery, pretrial motions, and other pretrial matters. Opposing such requests wastes resources, unless the client's legitimate interests will be adversely affected. (c) Written Submissions.

Briefs and memoranda should not refer to or rely on facts that are not properly of record. A lawyer may, however, present historical, economic, or sociological data if the applicable rules of evidence support the data's admissibility. Neither written submissions nor oral presentations should disparage the integrity, intelligence, morals, ethics, or personal behavior of an adversary unless such matters are directly relevant under the controlling substantive law. (d) Communication with Adversaries.

A lawyer's role is to zealously advance the legitimate interests of the client, while maintaining appropriate standards of civility and decorum. In dealing with others, a lawyer should not reflect any ill feelings that the client may have toward the adversary. A lawyer should treat all other lawyers, all parties, and all witnesses courteously, not only in court, but also in other written and oral communication. A lawyer should refrain from acting upon or manifesting bias or prejudice toward any person involved in the litigation.

(e) Discovery. A lawyer should conduct discovery to elicit relevant facts and evidence, and not for an improper purpose, such as to harass, intimidate, or unduly burden another party or a witness. When a discovery dispute arises, opposing lawyers should attempt to resolve it by working cooperatively together. A lawyer should refrain from filing motions to compel or for sanctions unless all reasonable efforts to resolve the dispute with opposing counsel have been exhausted.

(f) Motion Practice. Before filing a non-dispositive motion, a lawyer should make a reasonable effort to resolve the issue without involving the court. A lawyer who has no valid objection to an opponent's proposed motion should promptly make this position known to opposing counsel. If, after opposing a motion, a lawyer determines that the opposition was mistaken, then the lawyer should promptly so advise opposing counsel and the court.

(g) Settlement and Alternative Dispute Resolution. (1) A lawyer should educate the client early in the legal process about various methods of resolving disputes without trial, including mediation and neutral case evaluation. A lawyer should advise the client of the benefits of settlement, including savings to the client, greater control over the process and the result, and a more expeditious resolution of the dispute. At the earliest practicable time, a lawyer should provide the client with a realistic assessment of the potential outcome of the case so that the client may effectively assess various approaches AT 4 - 1 to resolving the dispute.

As new information is obtained during the pretrial phase, the lawyer should revise the assessment as necessary. When enough is known about the case to make settlement negotiations meaningful, a lawyer should explore settlement with the client and with opposing counsel. (2) A lawyer must promptly inform the court of any settlement, whether partial or entire, with any party, or the discontinuance of any issue. (h) Stipulations; Expediting Trial.

In civil cases, a lawyer should stipulate in advance with opposing counsel to all non-controverted facts; give opposing counsel, on reasonable request, an opportunity to inspect, in advance, all non-impeaching evidence as the law permits; and, in general, take reasonable steps to avoid delays and to expedite the trial.

AT 4 - 2 RULE AT-5.

STANDARDS FOR CONDUCT BEFORE THE JUDGE AND JURY

The dignity, decorum and courtesy that traditionally characterize the courts of civilized nations are not empty formalities. They are essential to a courtroom atmosphere in which justice can be achieved. Accordingly, this court requires the following: (a) A lawyer must be punctual in making all court appearances and fulfilling all professional commitments. In case of tardiness or absence from a court appearance, a lawyer should promptly notify the court and opposing counsel.

(b) An attorney must be attired in a proper and dignified manner, and should abstain from any apparel or ornament calculated to attract attention. A lawyer should refrain from assuming an undignified posture. (c) A lawyer must display a courteous, dignified and respectful attitude toward the judge presiding, not for the sake of the judge's person, but to show respect for and confidence in the judicial office. A lawyer must rise when addressing, or being addressed by, the judge.

(d) A lawyer must never be unfair or abusive or inconsiderate to adverse witnesses or opposing litigants, or ask any question not intended to legitimately impeach but only to insult or degrade the witness. (e) A 1awyer must avoid disparaging personal remarks or acrimony toward opposing counsel. (f) A lawyer must advise the client, witnesses, and spectators of the behavior and decorum required in the courtroom, and take all reasonable steps to prevent disorder or disruption of court proceedings. (g) A lawyer must disclose to the judge and opposing counsel any information of which the lawyer is aware that a juror or a prospective juror has or may have any interest, direct or indirect, in the outcome of the case, or is acquainted or connected in any manner with any lawyer in the case or any partner or associate or employee of the lawyer, or with any litigant, or with any person who has appeared or is expected to appear as a witness, unless the judge and opposing counsel have previously been made aware of that fact by voir dire examination or otherwise.

(h) During the trial of a case a lawyer connected with the case must not communicate with or cause another to communicate with any member of the jury, and a lawyer who is not connected with the case must not communicate with or cause another to communicate with a juror concerning the case. (i) A lawyer should avoid, as much as possible, approaching the bench. A lawyer should anticipate questions that may arise during the trial, and take them up with the court and opposing counsel in a pretrial hearing. If, however, it becomes necessary for an attorney to confer with the court at the bench, leave of court should be requested.

(j) A lawyer must question witnesses and deliver jury arguments from the lectern, which may be moved to face the jury. If it becomes necessary to question or argue from another location, leave of court should be requested. AT 5 - 1 (k) A lawyer must hand all papers intended for the court to see to the courtroom deputy clerk, who will pass them up to the judge. Hand to the clerk, rather than the court reporter, any exhibits to be marked which have not previously been identified; and give the clerk, as soon as convenient before the trial, a list of witnesses showing the probable order in which they will be called.

(l) Photographing, broadcasting or televising any judicial proceeding or any person directly or indirectly involved in a proceeding, whether court is in session or not, in or from any part of a United States Courthouse, is prohibited, except with the permission of the judge presiding. (m) Audio recorders, audio- or video-recording cell phones, or other means of recording the proceedings must not be brought into a courtroom, except with the permission of the judge presiding. This rule does not apply to such recorders or other devices used by, and under the direction and control of, a judicial officer or the official court reporter. (n) Cell phones, pagers, e-mail devices, and music players must be turned off while inside a courtroom.

(o) The following are prohibited in a courtroom: (1) (2) presiding); (3) (4) using tobacco in any form; consuming or possessing beverages or edibles (except as permitted by the judge chewing gum while court is in session; unnecessary talking or other unnecessary noises while court is in session.

AT 5 - 2 RULE AT-6.

PUBLICITY AND TRIAL MANAGEMENT (a) In General. A lawyer should try a case in court and not in the news media. A lawyer must not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that the statement has a substantial likelihood of materially prejudicing an adjudicative proceeding. (b) Criminal Investigation.

With respect to a grand jury or other pending investigation of a criminal matter, a lawyer participating in the investigation must refrain from making any extrajudicial statement, for dissemination by any means of public communication, that goes beyond the public record or that is not necessary to inform the public that the investigation is underway, to describe the general scope of the investigation, to warn the public of any dangers, to obtain assistance in the apprehension of a suspect, or to otherwise aid in the investigation. (c) Criminal Prosecution. From time of arrest, issuance of an arrest warrant, or filing of a complaint, information, or indictment in any criminal matter until the commencement of trial or disposition without trial, a lawyer associated with the prosecution or defense must not release or authorize the release of any extrajudicial statement, for dissemination by any means of public communication, related to that matter and concerning: (1) the prior criminal record (including arrests and criminal charges), or the character or reputation of the accused, except that the lawyer may make a factual statement of the accused's name, age, residence, occupation, and family status, and if the accused has not been apprehended, a lawyer associated with the prosecution may release any information necessary to aid in his apprehension or to warn the public of dangers he may present; (2) the existence or contents of any confession, admission, or statement given by the accused, or the refusal or failure of the accused to make any statement; (3) the performance of any examinations or tests or the accused's refusal or failure to submit to an examination or test; (4) the identity, testimony, or credibility of prospective witnesses, except that the lawyer may announce the identity of the victim if the announcement is not otherwise prohibited by law; (5) the possibility of a plea of guilty to the offense charged or a lesser offense; or (6) any opinion as to the accused's guilt or innocence or as to the merits of the case or the evidence in the case. (d) Criminal Trial.

During the trial of any criminal matter, including jury selection, a lawyer associated with the prosecution or defense must not give or authorize any extrajudicial statement or interview, relating to the trial or the parties or issues in the trial, for dissemination by any means of public communication, except that the lawyer may quote from or refer without comment to public records filed in the case. (e) Sentencing Phase. After guilt is found in a criminal case and before sentence is AT 6 - 1 imposed, a lawyer associated with the prosecution or defense must not make or authorize any extrajudicial statement for dissemination by any means of public communication if there is a reasonable likelihood that the statement will affect the sentence. (f) Permitted Statements in Criminal Matters.

This rule does not preclude the lawyer, in the proper discharge of his or her official or professional duty, from: (1) announcing the fact and circumstances of arrest (including time and place of arrest, resistance, pursuit, and use of weapons), the identity of the investigating and arresting officer or agency, and the length of the investigation; (2) making an announcement, at the time of seizure of any physical evidence other than a confession, admission or statement, limited to a description of the evidence seized; (3) disclosing the nature, substance, or text of the charge, including a brief description of the offense charged; (4) (5) (6) (7) him. quoting or referring without comment to public records of the court in the case; announcing the scheduling or result of any stage in the judicial process; requesting assistance in obtaining evidence; or announcing without elaboration that the accused denies the charges made against (g) Special Orders. In a widely publicized or sensational case, the court on motion of either party or its own motion, may issue a special order governing extrajudicial statements by participants likely to interfere with the rights of the accused to a fair trial by an impartial jury, the courtroom seating and conduct of spectators and news media representatives, the management and sequestration of jurors and witnesses, and any other matters the court may deem appropriate. The order might address some or all of the following subjects, among others: (1) a proscription of extrajudicial statements by participants in the trial, including lawyers, parties, witnesses, jurors, and court officials, which have a substantial likelihood of divulging prejudicial matter not of public record in the case; (2) specific directives regarding the clearing of courthouse entrances and hallways and the management of the jury and witnesses during the course of the trial to avoid their mingling with or being in proximity of reporters, photographers, parties, lawyers, and others, both in entering and leaving the courtroom and courthouse, and during recesses in the trial; (3) a specific directive that the jurors refrain from reading, listening to, or watching news reports concerning the case, and that they similarly refrain from discussing the case with anyone during the trial and from communicating with others in any manner during their deliberations; (4) sequestration of the jury on motion of either party or on the court's own, without disclosing any movant's identity; AT 6 - 2 (5) a directive that the names and addresses of jurors or prospective jurors not be publicly released except as required by statute, and that no photograph be taken or sketch made of any juror within the environs of the court; (6) (7) news media. insulation of witnesses from news interviews during the trial period; specific directives regarding the seating of spectators and representatives of the AT 6 - 3 RULE AT-7. DISCIPLINE OF ATTORNEYS (a) Standards of Professional Conduct.

Members of the bar of this court and any attorney permitted to practice before this court must comply with the standards of professional conduct set out in the Texas Disciplinary Rules of Professional Conduct, Texas Government Code, Title 2, Subtitle G, App. A, art. X, sec. 9 (Vernon) which are hereby adopted as the standards of professional conduct of this court. This specification is not exhaustive of the standards of professional conduct. For matters not covered by the Texas rules, the American Bar Association's Model Rules of Professional Conduct should be consulted. (b) District Disciplinary Committee.

There is constituted a District Disciplinary Committee, which assists the district court and the bankruptcy court in investigating complaints about the qualification, conduct, and performance of members of their bar. (1) Composition. The committee has 15 members. Those eligible for service on the committee are attorneys licensed to practice in this district and in good standing, and residing within the district.

The committee should include civil, criminal, and bankruptcy practitioners. Five members must be residents of the Austin and Waco Divisions, five members must be residents of the San Antonio and Del Rio Divisions, and five members must be residents of the El Paso, Midland-Odessa and Pecos Divisions. The members are appointed by the active judges resident in, or responsible for, those divisions. The chair and vice-chair are designated by the chief judge of the district.

(2) Terms. Membership terms should be staggered so that one third of the members' terms expire each year. The term is 3 years, unless a shorter period is required to achieve staggered terms. The terms of members and the chair may be renewed one or more times.

(c) Grounds for Referral to the District Disciplinary Committee. An attorney may be referred by any Magistrate Judge, Bankruptcy Judge or District Judge to the District Disciplinary Committee for appropriate review, investigation, and recommendation if there is reason to believe that the attorney: (1) has been convicted of a felony offense or a crime involving dishonesty or false statement in any state or federal court; (2) had his or her license to practice law in any jurisdiction suspended, revoked, or otherwise limited by any appropriate disciplinary authority; (3) (4) resigned his or her license to practice law in any state or any federal court; has engaged in conduct that violates the Texas Disciplinary Rules of Professional Conduct; (5) (6) fails to comply with any rule or order issued by a judge of this court; presents an impediment to the orderly administration of justice or the integrity of the court; or (Rev: 12/17/09) AT 7 - 1 (7) represents a client in such a manner as to raise a serious question concerning the quality of the attorney's professional performance. (d) Discipline Imposed by a Judge Presiding. Notwithstanding any other provision of these rules, any judge, including a bankruptcy judge or a magistrate judge, has inherent authority to discipline an attorney who appears before him or her.

However, any judge contemplating disbarring an attorney or preventing an attorney from practicing district-wide will refer the attorney to the District Disciplinary Committee. If a judge believes emergency circumstances exist that require the immediate suspension of an attorney, that judge may request that all active district judges immediately consider the matter. Upon a majority vote of the active district judges, an attorney may immediately be suspended from practicing in the district pending a report and recommendation from the District Disciplinary Committee. If a bankruptcy judge believes emergency circumstances exist that requires the immediate suspension of an attorney, that bankruptcy judge may request that all active district and bankruptcy judges immediately consider the matter.

Upon a majority vote of the active district and bankruptcy judges, an attorney may immediately be suspended from practicing in the district pending a report and recommendation from the District Disciplinary Committee. (e) Self-Reporting by Attorneys. A member of the bar of this court must promptly report in writing to the clerk, with full details and copies of pertinent documents, if any of the following occur: (1) statement; the attorney is convicted of a felony or a crime involving dishonesty or false (2) the attorney loses or relinquishes, temporarily or permanently, the right to practice in any court of record (other than voluntarily relinquishment, not under any disciplinary order or threat of discipline); or (3) or court committee. the attorney is disciplined, publicly or privately, by any bar, court, court agency, (f) Procedure upon a Referral. (1) Notice.

Promptly upon receipt of a referral, the chair of the District Disciplinary Committee must inform the subject attorney in writing of the nature of the referral and the attorney's obligations under this rule. (2) Answer. Within 14 days after receiving notice of a referral under this rule, the attorney must respond in writing to the committee chair. The respondent attorney must admit or deny each claim asserted, and state concisely any defense to a claim.

(3) Screening. The chair will assign the referral along with the respondent's response to a screening subcommittee. The subcommittee consists of one or more members of the full committee designated by the chair who reside in the same region as the referred attorney (e.g., Austin/Waco; San Antonio/Del Rio; West Texas). At least one member of the screening subcommittee must be an attorney who practices in the same area as the referred AT 7 - 2 (Rev: 12/17/09) attorney (e.g., civil, criminal or bankruptcy).

The subcommittee will conduct such preliminary inquiry it deems appropriate and may request the respondent to meet with it informally to provide an explanation. After this screening, if the subcommittee determines no further investigation is required and no discipline should be imposed, it will so inform the committee chair. The chair will then inform the chief judge and the respondent of the recommendation. (4) Assignment to a Panel.

If the screening subcommittee determines that the matter may warrant disciplinary action, it will inform the committee chair. The chair will then designate a panel and assign the matter to it. The panel must include three or more members of the full committee who reside in the same region as the respondent (e.g., Austin/Waco; San Antonio/Del Rio; West Texas). At least one member of the panel must be an attorney who practices in the same area as the referred attorney (e.g. civil, criminal or bankruptcy).

Members of the initial screening subcommittee may serve as members of the panel. The chair will notify the respondent in writing of this assignment and what matters will be investigated. (5) Investigation. No earlier than 10 days after notice to the respondent of the assignment, the panel will conduct such investigation it deems appropriate including questioning witnesses and holding a hearing with the respondent present.

Full cooperation with any committee investigation is an obligation of any member of the bar of this court. (6) Panel Report and Recommendation. After investigation the panel will render a report and recommendation as to whether the respondent committed any violation and what disciplinary action, if any, should be imposed. Absent good cause shown by the chair of the District Disciplinary Committee, the court expects that a report and recommendation will be completed within 6 months after the referral.

The chair will send the complete report and recommendation to the chief judge and a summary of the report and recommendation to the respondent. (7) Objections to Report and Recommendation. Within 14 days after receipt of the summary report and recommendation, the respondent may submit objections to it, seek revisions, and suggest alternatives to the recommendation. The panel, after considering the response, may modify, amend, revoke, or adhere to its original recommendation and will so inform the committee chair.

The chair will then send a copy of the final report and recommendation to the chief judge and a summary final report and recommendation to the respondent. (g) Determination by a District Judge. Within 7 days after receipt of the summary final report and recommendation, the respondent may contest any recommendation by written submission to the chief judge. Whether contested or not, the chief judge will assign the matter to a district judge for determination.

The judge may conduct a hearing, and may appoint any member of the court's bar to assist in the hearing. The judge's decision as to whether disciplinary action is warranted, and what sanction to impose, is a final ruling of the court. (h) Confidentiality. All papers pertaining to a matter referred to the committee must be kept confidential, except as otherwise provided above, unless the respondent requests in writing that the papers be opened to the public.

AT 7 - 3 (Rev: 12/17/09) (i) Referral to Other Disciplinary Authority. The chief judge may forward a copy of the committee's records and any court action regarding an attorney to the appropriate disciplinary authority of any bar or court that authorizes the attorney to practice law.

AT 7 - 4 RULE AT-8.

QUALIFIED LAW STUDENTS AND UNLICENSED LAW SCHOOL GRADUATES (a) A qualified law student or a qualified unlicensed law school graduate who has been certified under Texas Government Code § 81.102 and the Texas Supreme Court's "Rules and Regulation Governing the Participation of Qualified Law Students and Qualified Unlicensed Law School Graduates in the Trial of Cases in Texas" may be allowed to participate in hearings in this court, with the permission of the judge presiding, under the following terms: (1) The student or unlicensed graduate must provide the Clerk's Office a copy (front and back) of his or her State Bar of Texas identification card. In so doing, the student or unlicensed graduate certifies that he or she has read and is familiar with the Western District of Texas Local Rules and will abide by them. (2) The Clerk's Office must retain copies of the identification card on file. (3) The supervising attorney named on the identification card and accompanying the student or unlicensed graduate in court must be a member in good standing of the bar of this court.

(b) If the student or unlicensed law graduate is appearing with an attorney employed by a governmental entity, the requirement for errors and omissions insurance is waived. (c) The scope of participation of a student or unlicensed graduate in any hearing rests within the discretion of the judge presiding.

AT 8 - 1 RULE AT-9.

CHANGE OF ADDRESS

An attorney who changes his or her office address, telephone number, facsimile number, or e- mail address must, within 30 days after the change, file with the clerk a notice of the change, along with any new information. AT 9 - 1 APPENDIX A. INFORMATION REQUIRED - MOTION FOR CLASS ACTION CERTIFICATION A motion to certify a class must include, but is not limited to, the following: (1) A brief statement of the case. (2) A statement defining the class plaintiff seeks to have certified including its geographical and temporal scope. (3) A description of plaintiff's particular grievance and why that claim qualifies plaintiff as a member of the class as defined.

(4) Whether the plaintiff contends that the action may be maintained under Rule 23(b)(1), Rule 23(b)(2), or Rule 23(b)(3) and why. (5) A statement respecting the four prerequisites of Federal Rule of Civil Procedure 23(a). The statement shall set forth: a. b. c. The anticipated number of class members and how this number was determined. The common questions of law and fact involved.

The reasons why plaintiff's claim is typical of those of the other class members. The reason why representation by the named plaintiff is adequate to protect the d. interests of the class. This part of the statement shall specifically answer the following questions: Is the claim of the named plaintiff presently or potentially in conflict with (i) that of any members of the class? (ii) Will the claims of the class require subclasses presently or in the future?

(iii) What is the prior experience of counsel for the plaintiff that would indicate capability to handle the lawsuit? (iv) Is counsel presently representing or has he at any time represented, a class in any other class action, and if so, when, and how many instances? (v) How many cases is plaintiff's counsel now handling in which class action allegations are made? (6) A statement describing any other pending actions in any court against the defendants alleging the same or similar causes of action.

28 (7) A statement that the attorney for the named plaintiff has discussed and thoroughly explained to the plaintiff the nature of a class action and potential advantages and disadvantages to the named plaintiff by proceeding in a class action rather than individually. (8) A statement of the proposed notices to the members of the class and how and when the notices will be given, including a statement regarding security deposit for the cost of notices. (9) A description of the extent of any settlement negotiations that have taken place and the likelihood of settlement with the named plaintiff on an individual basis. If such settlement is likely, include a statement specifying: a. Whether or not counsel have any knowledge of any person who has relied on the fact that this suit was initially filed as a class action.

The manner in which counsel will protect the class in the event of settlement with b. the named plaintiff on an individual basis. (10) A statement of any other matters that the plaintiff deems necessary and proper to the expedition of a decision on the motion and the speedy resolution of the case on the merits. 29 APPENDIX B UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS DIVISION Plaintiff, Defendant. § § § § § § § NO. SCHEDULING ORDER Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court issues the following Scheduling Order: 1.

The parties shall complete ADR in compliance with Rule CV-88 by . A motion objecting to ADR must be filed not later than 60 days before that deadline. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties by , and each opposing party shall respond, in writing, by .

3. The parties shall file all motions to amend or supplement pleadings or to join additional parties by . 4. All parties asserting claims for relief shall file their designation of testifying experts and shall serve on all parties, but not file, the materials required by Federal Rule of Civil Procedure 26(a)(2)(B) by experts and shall serve on all parties, but not file, the materials required by Federal Rule of Civil Procedure 26(a)(2)(B) by .

All designations of rebuttal experts shall be filed within 14 days of receipt of the report of the opposing expert. . Parties resisting claims for relief shall file their designation of testifying 5. An objection to the reliability of an expert's proposed testimony under Federal Rule of Evidence 702 shall be made by motion, specifically stating the basis for the objection and identifying the objectionable testimony, not later than the expert's proposed testimony, or not later than is taken, whichever is later. days of receipt of the written report of days of the expert's deposition, if a deposition 6. The parties shall complete all discovery on or before .

Counsel may by agreement continue discovery beyond the deadline, but there will be no intervention by the Court except in extraordinary circumstances, and no trial setting will be vacated because of information obtained in post-deadline discovery. 30 7. All dispositive motions shall be filed not later than . 8.

This case is set for trial [docket call, or jury selection] on at _.m. The parties should consult Rule CV-16 regarding matters to be filed in advance of trial. SIGNED this day of . UNITED STATES DISTRICT JUDGE 31 APPENDIX "B-1" UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS DIVISION Plaintiff, vs. Defendant. , , § § § § § § § NO. NOTICE OF RIGHT TO CONSENT TO TRIAL BY MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636(c)(1), all full-time United States Magistrate Judges are authorized and empowered to try any civil case, jury or nonjury, with the consent of all parties to the lawsuit. Because of the crowded condition of the criminal docket in this District and the difficulty in reaching civil cases for trial, you may wish to consent to the trial of your case by a United States Magistrate Judge.

Your decision should be communicated to the United States District Clerk's Office. Consent forms are available in the Clerk's office. Your consent to trial by a Magistrate Judge must be voluntary, and you are free to withhold consent without suffering any adverse consequences. If all parties do consent to trial of this case by a Magistrate Judge, the Court will enter an order referring the case to a Magistrate Judge for trial and for entry of judgment.

UNITED STATES DISTRICT JUDGE

Date "B-1" - 1 APPENDIX C LOCAL RULES FOR THE ASSIGNMENT OF DUTIES TO UNITED STATES MAGISTRATE JUDGES RULE 1. AUTHORITY OF UNITED STATES MAGISTRATE JUDGES (a) Duties Under 28 U.S.C. § 636(a). Each United States Magistrate Judge of this Court is authorized to perform the duties prescribed by 28 U.S.C. § 636(a), and may: (1) Exercise all the powers and duties conferred or imposed upon United States Commissioners by law and the Federal Rules of Criminal Procedure. (2) Administer oaths and affirmations, impose conditions of release under 18 U.S.C. § 3146, and take acknowledgments, affidavits and depositions; and (3) Conduct extradition proceedings, in accordance with 18 U.S.C. § 3184.

(b) Disposition of Misdemeanor Cases —18 U.S.C. § 3401. A magistrate judge may: (1) Try persons accused of, and sentence persons convicted of, misdemeanors committed within this district in accordance with 18 U.S.C. § 3401; (2) Direct the probation service of the court to conduct a presentence investigation in any misdemeanor case; and (3) Conduct a jury trial in any misdemeanor case where the defendant so requests and is entitled to trial by jury under the Constitution and laws of the United States. (c) Determination of Non-Dispositive Pretrial Matters~28 U.S.C. § 636(b)(1)(A). A magistrate judge may hear and determine any procedural or discovery motion or other pretrial matter in a civil or criminal case, other than the motions which are specified in subsection 1(d), infra, of these rules.

(d) Recommendations Regarding Case-Dispositive Motions—28 U.S.C. § 636(b)(l)(B). (1) A magistrate judge may submit to a judge of the court a report containing proposed findings of fact and recommendations for disposition by the judge of the following pretrial motions in civil and criminal cases: 32 A. Motions for injunctive relief, including temporary restraining orders and preliminary and permanent injunctions; B. Motions for judgment on the pleadings; C. Motions for summary judgment; D. Motions to dismiss or permit the maintenance of a class action; E. Motions to dismiss for failure to state a claim upon which relief may be granted; F. Motions to involuntarily dismiss an action; G. Motions for review of default judgments; H. Motions to dismiss or quash an indictment or information made by a defendant; and I. Motions to suppress evidence in a criminal case. (2) A magistrate judge may determine any preliminary matters and conduct any necessary evidentiary hearing or other proceeding arising in the exercise of the authority conferred by this subsection. (e) Prisoner Habeas Cases.

A magistrate judge may perform any or all of the duties imposed upon a judge by the rules governing proceedings in the United States District Courts under § 2241, § 2254, and § 2255 of Title 28, United States Code. In so doing, a magistrate judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding and shall submit to a judge a report containing proposed findings of fact and recommendations for disposition of the petition by the judge. Any order disposing of the petition may be made only by a judge. (f) Prisoner Non-Habeas Cases.

A magistrate judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding and shall submit to a judge a report containing proposed findings of fact and recommendations for the disposition of non-habeas complaints filed by prisoners. (g) Special Master References. A magistrate judge may be designated by a judge to serve as a special master in appropriate civil cases in accordance with 28 U.S.C. § 636(b)(2) and Rule 53 of the Federal Rules of Civil Procedure. Upon the consent of the parties, a magistrate judge may be designated by a judge to serve as a special master in any civil case, notwithstanding the limitations of Rule 53(b) of the Federal Rules of Civil Procedure.

(h) Review of Administrative Agency Proceedings. 33 In a suit for judicial review of a final decision of an administrative agency, a magistrate judge may be designated by a judge to review the record of administrative proceedings and submit to the district judge a report and recommendation concerning (a) any defects in the agency proceedings which constitute a violation of statute or regulation or a violation of due process, (b) whether the matter should be remanded to the agency for additional factual determinations, and (c) whether the record contains substantial evidence in support of the agency decision. (i) Conduct of Trials and Disposition of Civil Cases Upon Consent of the Parties – 28 U.S.C. § 636(c). Upon the consent of the parties, a full-time magistrate judge may conduct any or all proceedings in any civil case which is filed in this court, including the conduct of a jury or non-jury trial, and may order the entry of a final judgment, in accordance with 28 U.S.C. § 636(c).

In the course of conducting such proceedings upon consent of the parties, a magistrate judge may hear and determine any and all pretrial and post-trial motions which are filed by the parties, including case-dispositive motions. (j) Other Duties. A magistrate judge is also authorized to: (1) Exercise general supervision of civil and criminal calendars, conduct calendar and status calls, and determine motions to expedite or postpone the trial of cases for the judges; (2) Conduct pretrial conferences, settlement conferences, omnibus hearings, and related pretrial proceedings in civil and criminal cases; (3) Conduct arraignments in criminal cases not triable by the magistrate judge and take not guilty pleas in such cases; (4) Receive grand jury returns in accordance with Rule 6(f) of the Federal Rules of Criminal Procedure; (5) Accept waivers of indictment, pursuant to Rule 7(b) of the Federal Rules of Criminal Procedure; (6) Accept petit jury verdicts in the absence of a judge; (7) Conduct necessary proceedings leading to the potential revocation of misdemeanor probation and revocation of felony or misdemeanor supervised release; (8) Issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad prosequendum, or other orders necessary to obtain the presence of parties, witnesses or evidence needed for court proceedings; (9) Order the exoneration or forfeiture of bonds; 34 (10) Perform the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109, regarding proceedings for verification of consent by offenders to transfer to or from the United States and the appointment of counsel therein; (11) Preside over a naturalization ceremony and administer the oath required by 8 U.S.C. § 1448(a); (12) Supervise proceedings on requests for letters rogatory in civil and criminal cases if designated by a district judge under 28 U.S.C. § 1782(a); (13) Consider and rule upon applications for administrative inspection warrants and orders permitting entry upon a taxpayer's premises to effect levies in satisfaction of unpaid tax deficits; (14) Issue orders authorizing the installation and use of pen registers, traps and traces, and issue orders directing a communications common carrier, including a telephone company, to provide assistance to a named federal investigative agency in accomplishing the installation of traps, traces and pen registers; (15) Conduct jury selection; and (16) Perform any additional duty as is not inconsistent with the Constitution and laws of the United States.

RULE 2.

ASSIGNMENT OF MATTERS TO MAGISTRATE JUDGES (a) General. The method of assignment of duties to a magistrate judge and for the allocation of duties among the several magistrate judges of the court shall be made in accordance with orders of the court or by special designation of a judge. (b) Misdemeanor Cases. All misdemeanor cases shall be assigned, upon the filing of an information, complaint, or violation notice, or the return of an indictment, to a magistrate judge, who shall proceed in accordance with the provisions of 18 U.S.C. § 3401 and Rule 58, Federal Rules of Criminal Procedure.

RULE 3.

PROCEDURE BEFORE THE MAGISTRATE JUDGE (a) In General. In performing duties for the court, a magistrate judge shall conform to all applicable provisions of federal statutes and rules, to the local rules of this court, and to the requirements specified in any order of reference from a judge. (b) Special Provisions for the Disposition of Civil Cases by a Magistrate Judge on Consent of the Parties – 28 U.S.C. § 636(c). 35 (1) Notice.

The clerk of court shall notify the parties in all civil cases that they may consent to have a magistrate judge conduct any or all proceedings in the case and order the entry of a final judgment. Such notice shall be handed or mailed to the plaintiff or his/her representative at the time an action is filed and to other parties as attachments to copies of the complaint and summons, when served. Additional notices may be furnished to the parties at later stages of the proceedings, and may be included with pretrial notices and instructions. (2) Execution of Consent.

The parties may sign separate consent forms; however, consent forms signed by all the parties or their representatives will also be accepted. The consent forms should be sent to the clerk of court. Unless all parties have consented to the reference, the decision of each party as indicated on the consent forms shall not be made known to any judge or magistrate judge. No magistrate judge, judge, or other court official may attempt to persuade or induce any party to consent to the reference of any matter to a magistrate judge.

This rule, however, shall not preclude a judge or magistrate judge from informing the parties that they have the option of referring a case to a magistrate judge. (3) Reference. After the consent form has been executed and filed, the clerk shall transmit it to the judge to whom the case has been assigned for approval and referral of the case to a magistrate judge. Once the case has been assigned to a magistrate judge, the magistrate judge shall have the authority to conduct any and all proceedings to which the parties have consented and to direct the clerk of court to enter a final judgment in the same manner as if a judge had presided.

RULE 4.

REVIEW AND APPEAL (a) Appeal of Non-Dispositive Matters – 28 U.S.C. § 636(b) (l)(A). Any party may appeal from a magistrate judge's order determining a motion or matter under subsection l (c) of these rules, supra, within 14 days after issuance of the magistrate judge's order, unless a different time is prescribed by the magistrate judge or a judge. Such party shall file with the clerk of court, and serve on the magistrate judge and all parties, a written statement of appeal which shall specifically designate the order, or part thereof, appealed from and the basis for any objection thereto. A judge of the court shall consider the appeal and shall set aside any portion of the magistrate judge's order found to be clearly erroneous or contrary to law.

The judge may also reconsider sua sponte any matter determined by a magistrate judge under this rule. (b) Review of Case-Dispositive Motions and Prisoner Litigation – 28 U.S.C. § 636(b)(l)(B). Any party may object to a magistrate judge's proposed findings, recommendations or report under subsections 1 (d), (e), (f) and (h) of these rules, supra, within 14 days after being served with a copy thereof. The clerk of court shall notify the parties of this right when serving copies of the report.

Such party shall file with the clerk of court, and serve on the magistrate judge and all 36 parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for such objections. A judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his/her discretion or where required by law, and may consider the record developed before the magistrate judge, making his/her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions.

(c) Special Master Reports – 28 U.S.C. § 636(b)(2). Any party may seek review of, or action on, a special master report filed by a magistrate judge in accordance with the provisions of Rule 53(e) of the Federal Rules of Civil Procedure. (d) Appeal from Judgments in Misdemeanor Cases – 18 U.S.C. § 3402. A defendant may appeal a judgment of conviction by a magistrate judge in a misdemeanor case by filing a notice of appeal to the District Court within 14 days after entry of the judgment, and by serving a copy of the notice upon the United States Attorney.

The scope of appeal shall be the same as on an appeal from a judgment of the district court of the court of appeals. (e) Appeal from Judgments in Civil Cases Disposed of on Consent of the Parties – 28 U.S.C. § 636(c). (1) Appeal to the Court of Appeals. Upon the entry of judgment in any civil case disposed of by a magistrate judge on consent of the parties under authority of28 U.S.C. § 636(c) and subsection l(i) of these rules, supra, an aggrieved party shall appeal directly to the United States Court of Appeals for this circuit in the same manner as an appeal from any other judgment of this court.

(f) Appeals from Other Orders of a Magistrate Judge. Appeals from any other decisions and orders of a magistrate judge not provided for in this rule should be taken as provided by a governing statute, rule, or decisional law. 37 ADDENDUM General Order of July 17, 1981 ON THIS DATE came on to be considered those causes in which Plaintiff, pursuant to 42U.S.C. § 405(g) and 5 U.S.C. §§ 701 et seq., seeks review of a decision by the Secretary of the Department of Health and Human Services upon an application for benefits under Title 42, Chapter 7, Subchapter II, United States Code, and In accordance with the authority vested in the United States Magistrate Judge pursuant to the Amended Order for the Adoption of Rules for the exercise of Powers and Performance of Duties by United States Magistrate Judges, adopted in the Western District of Texas on April 17, 1980. IT IS HEREBY ORDERED that all matters in which Plaintiff, pursuant to 42 U.S.C. § 405(g) and 5 U.S.C. §§ 701 et seq., seeks review of a decision by the Secretary of the Department of Health and Human Services upon an application for benefits under Title 42, Chapter 7, Subchapter I~ United States Code, be referred by the Clerk to the United States Magistrate Judges sitting in the San Antonio Division in accordance with a random assignment procedure approved by the judges residing in the San Antonio Division.

IT IS FURTHER ORDERED that the United States Magistrate Judge is authorized to issue all orders necessary to his/her review, and that, upon completion of his/her review, he/she shall prepare a recommendation to the Court concerning the adjudication of these causes. -8 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS APPLICATION FOR ADMISSION Instructions: Type or print your answers. Answer all questions fully. If the question does not apply to you, answer "NA". An incomplete response will delay processing of your application.

Where the space provided is insufficient, answer on additional sheets, with reference to the question. Applicant Information 1. (a) Full Name (Last) (First) (Middle) (b) If you have ever been known by any other name, state the name and the reason for using it: (c) Your name as you wish it to appear on the register: 2. (a) Date of Birth: (b) Place of Birth: (c) If not native born, give date and place of naturalization: 3.

4. Business Name: Business Address: City, State, Zip: 5. (a) Business Telephone: ( ) (b) (b) Business Fax: ( ) Business e-mail: State Bar I.D. Number: Residence Address: City, State, Zip: Residence Telephone: ( ) Social Security Number1: 6. 7.

8. 9. County: County: 1 Attorneys are requested to provide their Social Security Number in order to assist the court in maintaining the integrity of its records. Rev: April 29, 2014 Page 1 of 4 Bar Affiliation 10.

State List states, federal possessions and territories in which you have been admitted to practice law by the highest court. Indicate the year admitted, status, and areas of certified specialization. Year Admitted Current Standing Specialization 11. List federal courts to which you have been admitted.

Indicate the year admitted and current status. Court Year Admitted Current Standing 12. List your law school, the date of graduation, and the degree received. If you did not graduate from a law school, please describe your law study in detail.

Education 13. Indicate any grievances or involuntary removals filed against you as a lawyer. Describe the circumstances in detail. Good Standing 14.

Describe in detail charges, arrests, or convictions for criminal offense(s). Omit minor traffic offenses. Rev: April 29, 2014 Page 2 of 4 ANSWER THE FOLLOWING QUESTIONS "YES" OR "NO" IN THE BLANK PROVIDED; IF "YES", EXPLAIN FULLY ON A SEPARATE SHEET. 15.

(a) Have you ever been denied admission to the bar of any State (including the District of Columbia) or any federal court? (b) Have you ever been disbarred, suspended from practice, reprimanded, censured or otherwise disciplined or disqualified as an attorney? (c) Has any adverse action, formal or informal, been taken against you or your license to practice law by any grievance committee, court, or other disciplinary body or committee? 16.

17. (a) Have you ever held a bonded position in connection with which anyone has sought to recover on your bond, or made a claim for any alleged default? In connection with questions 17(a) through (c), the detailed explanation of any affirmative answers shall include dates, exact name and address of the court, if any, the case number, and disposition. (a) Have you ever been charged with any violation of any law, other than minor traffic violations?

(b) Have you ever been charged with fraud, formally or otherwise, in any civil, criminal, bankruptcy, or administrative case or proceeding? (c) Have you ever been denied a discharge in bankruptcy, or had your discharge in bankruptcy revoked? 18. Are there any unsatisfied judgments against you, whether barred by limitation or not?

(If so, give names and addresses of creditors, amounts, dates and nature of judgments, courts, and reasons for non-payment.) Electronic Case Filing Registration By submitting this form, I agree to abide by all Court rules, orders, policies and procedures governing the use of the electronic filing system. I also consent to service by electronic means in the circumstances permitted under those rules, orders, policies, and procedures. I further consent to allow the court to provide e-mail notifications on my behalf to all parties registered with the ECF System in lieu of providing certificate of service per Local Court Rule CV-5 and CR-49. I understand that the combination of user id and password will serve as the signature of the filing user filing the documents pursuant to Rule 11 of the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure and the Local Rules of this court.

Therefore as a filing user, I agree to protect the security of my password and immediately notify the Court if I suspect my password has been compromised. I already have an ECF login that I use at another Court, which is same login, if possible. (Important Note: This login cannot be your current PACER login.) . Please assign the Signature of Registrant Date Signed Primary E-mail Address Courtesy E-Mail Address Courtesy E-Mail #2 Address Rev: April 29, 2014 Page 3 of 4 Certification and Signature I swear that the information provided in the foregoing application including attachments, if any, is true and correct.

I acknowledge that by accepting admission to this Court I am subjecting myself to the discipline of this Court. I further certify that I have read and am familiar with the Federal Rules of Civil Procedure and Local Rules of this court and alternative dispute resolution procedures of the Western District of Texas and will advise clients in any actions pending in this court regarding alternative dispute resolution procedures. I further certify, if requested, I am willing to appear before this court or any Committee appointed to test the qualifications of applicants for admission to practice before this Court. I declare under penalty of perjury that the foregoing is true.

Date Signature SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 20 _, at . (SEAL) Notary Public or Deputy Clerk of this Court Rev: April 29, 2014 Page 4 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS APPLICATION FOR ADMISSION TO PRACTICE IN THE DEL RIO DIVISION Instructions: Type or print your answers. Answer all questions fully. If the question does not apply to you, answer “NA.” An incomplete response will delay processing of your application.

Where the space provided is insufficient, answer on additional sheets, with reference to the question. Accompanying this application, you must provide the following: (1) (2) (3) Proof of completion of the seminar requirement of Local Rule AT-1(b)(2); Certificate of good standing in a state bar; and Two letters of recommendation from attorneys licensed and in good standing in the Del Rio Division. 1. (a) Full Name (Last) (First) (Middle) (b) If you have ever been known by any other name, state the name and the reason for using it: (c) Your name as you wish it to appear on the register: 2.

(a) Date of birth: (b) Place of birth: (c) If not native born, give date and place of naturalization: 3. 4. Business Name: Business Address: Zip Code County 5. (a) Business Telephone : ( ) (b) Business Fax: ( ) (c) Business e-mail: 6.

State Bar I.D. Number: 7. Residence Address: (Specify state if other than Texas) Zip Code County 8. 9. 10.

Residence Telephone: ( ) Social Security Number: 1 List states, federal possessions and territories in which you have been admitted to practice law by the highest court. Indicate the year admitted, status and areas of certified specialization. State Year Admitted Current Standing Specialization 1 Attorneys are requested to provide their Social Security Number in order to assist the court in maintaining the integrity of its records. 11.

List federal courts to which you have been admitted. Indicate the year admitted and current status. Court Year Admitted Current Standing 12. List your law school, the date of graduation, and the degree received.

If you did not graduate from a law school, please describe your law study in detail. 13. List three felony jury trials wherein you served as first or second chair OR why you believe you are otherwise qualified. 14.

Indicate any grievances or involuntary removals filed against you as a lawyer. Describe the circumstances in detail. 15. Describe in detail charges, arrests, or convictions for criminal offenses(s).

Omit minor traffic offenses. ANSWER THE FOLLOWING QUESTIONS “YES” OR “NO” IN THE BLANK PROVIDED; IF “YES”, EXPLAIN FULLY ON A SEPARATE SHEET. 16. (a) Have you ever been denied admission to the bar of any State (including the District of Columbia) or any other federal court?

(b) (c) Have you ever been disbarred, suspended from practice, reprimanded, censured or otherwise disciplined or disqualified as an attorney? Has any adverse action, formal or informal, been taken against you or your license to practice law by any grievance committee, court, or other disciplinary body or committee? 17. Have you ever held a bonded position in connection with which anyone has sought to recover on your bond, or made a claim for any alleged default?

18. In connection with questions 18(a) through ©) , the detailed explanation of any affirmative answers shall include dates, exact name and address of the court, if any, the case number, and disposition. (a) (b) (c) Have you ever been charged with any violation of any law, other than minor traffic violations? Have you ever been charged with fraud, formally or otherwise, in any civil, criminal, bankruptcy, or administrative case or proceeding?

Have you ever been denied a discharge in bankruptcy, or had your discharge in bankruptcy revoked? 19. Are there any unsatisfied judgments against you, whether barred by limitation or not? (If so, give names and addresses of creditors, amounts, dates and nature of judgments, courts, and reasons for non-payment.) 20.

Please provide the date of completion of the Federal Court Practice Seminar, as required by Local Rule AT-1(b)(2): Date Admitted: Course # 21. If approved, in which District/Division do you prefer to take the Oath? District Division I swear that the information provided in the foregoing application including attachments, if any, is true and correct. I acknowledge that by accepting admission to this Court I am subjecting myself to the discipline of this Court.

I further certify that I have read and am familiar with the Federal Rules of Civil Procedure and Local Rules of this court and alternative dispute resolution procedures of the Western District of Texas and will advise clients in any actions pending in this court regarding alternative dispute resolution procedures. I further certify, if requested, I am willing to appear before this court or any Committee appointed to test the qualifications of applicants for admission to practice before this Court. I declare under penalty of perjury that the foregoing is true. Date Signature SUBSCRIBED AND SWORN TO BEFORE ME this at day of , 20 , .

(SEAL) Notary Public or Deputy Clerk of this Court APPENDIX H-1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS DIVISION , , Plaintiff, Defendant. § § § § § § § CIVIL ACTION NO. CONFIDENTIALITY AND PROTECTIVE ORDER Before the court is the joint motion of the parties for the entry of a confidentiality and protective order (“Protective Order”). Based on the parties’ submissions and the record in this matter, the court finds that disclosure and discovery activity in this action are likely to involve production of confidential, sensitive, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted. Accordingly, a protective order for such information is justified in this matter: • • • • • • to expedite the flow of information; to facilitate the prompt resolution of disputes over confidentiality of discovery materials; to adequately protect information the parties are entitled to keep confidential; to ensure that the parties are permitted reasonably necessary uses of such material in preparation for and in the conduct of trial; to address the handling of confidential materials at the end of the litigation; and to serve the ends of justice.

This Protective Order does not confer blanket protections on all disclosures of responses to discovery, and the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to be treated as confidential. After careful consideration, it is ORDERED that the motion is granted, and the court ORDERS the following: 1. Confidential Information 38 “Confidential information” means any information of any type, kind, or character that is designated as “Confidential” by any of the supplying or receiving persons, whether it be a document, information contained in a document, information revealed during discovery, or otherwise. 2.

Qualified Persons “Qualified Persons” means: a. the party, if a natural person; b. if the party is an entity, such officers or employees of the party who are actively involved in the prosecution or defense of this case who, by their receipt of Confidential information, are bound by the terms of this Protective Order; c. retained counsel for the parties in this litigation and their respective staff; this court and its staff and any other tribunal, special master, or dispute d. resolution officer duly appointed or assigned in connection with this litigation; actual or potential independent experts or consultants (and their administrative e. or clerical staff) engaged in connection with this litigation (which shall not include the current employees, officers, members, or agents of parties or affiliates of parties) who, by their receipt of Confidential information are bound by the terms of this Protective Order; jury and trial consultants and their staff and mock jurors who, by their receipt f. of Confidential information are bound by the terms of this Protective Order; litigation vendors, court reporters, video camera operators, translators, and g. other litigation support personnel; any person who was an author, addressee, or intended or authorized recipient h. of the Confidential information and who agrees to keep the information confidential, provided that such persons may see and use the Confidential information but not retain a copy; and such other person or persons as this court may designate after notice and an i. opportunity to be heard. 3. Designation Criteria a. A party shall designate as “Confidential” only such information that the party in good faith believes in fact is confidential. Information that is generally available to the public, such as public filings, catalogues, advertising materials, and the like, shall not be designated as Confidential.

Information and documents that may be designated as Confidential information include, but are not limited to, trade secrets, confidential or proprietary financial information, operational data, business plans, and competitive analyses, personnel files, personal information that is protected by 39 law, and other sensitive information that, if not restricted as set forth in this order, may subject the producing or disclosing person to competitive or financial injury or potential legal liability to third parties. Correspondence and other communications between the parties or with nonparties may be designated as Confidential information if the communication was made with the understanding or reasonable expectation that the information would not become generally available to the public. b. Confidential information shall not include information that either: i. ii. is in the public domain at the time of disclosure, as evidenced by a written document; becomes part of the public domain through no fault of the recipient, as evidenced by a written document; iii. the receiving party can show by written document was in its rightful and lawful possession at the time of disclosure; or iv. lawfully comes into the recipient’s possession subsequent to the time of disclosure from another source without restriction as to disclosure, provided such third party has the right to make the disclosure to the receiving party. 4. Use of Confidential Information All Confidential information provided by any party or nonparty in the course of this litigation shall be used solely for the purpose of preparation, trial, and appeal of this litigation and for no other purpose, and shall not be disclosed except in accordance with the terms of this Order.

5. Marking of Documents Documents provided in this litigation may be designated by the producing person or by any party as Confidential information by marking each page of the documents so designated with a stamp indicating that the information is “Confidential.” The designation should be made in a fashion or form that is conspicuous yet allows the Confidential information to remain legible. In lieu of marking the original of a document, if the original is not provided, the designating party may mark the copies that are provided. Originals shall be preserved for inspection.

6. Disclosure at Depositions Information disclosed at (a) the deposition of a party or one of its present or former officers, directors, employees, agents, consultants, representatives, or independent experts retained by counsel for the purpose of this litigation, or (b) the deposition of a nonparty may be designated by any party as Confidential information by indicating on the record at the deposition that the testimony is “Confidential.” Any party also may designate information disclosed at a deposition as Confidential information by notifying all parties in writing not later than 30 days of receipt of the transcript of the specific pages and lines of the transcript that should be treated as Confidential information. All 40 deposition transcripts shall be treated as Confidential information for a period of 30 days after initial receipt of the transcript. To the extent possible, the court reporter shall segregate into separate transcripts information designated as Confidential information with blank, consecutively numbered pages being provided in a nondesignated main transcript.

The separate transcript containing Confidential information shall have page numbers that correspond to the blank pages in the main transcript. Counsel for a party or a nonparty witness shall have the right to exclude from depositions any person who is not authorized to receive Confidential information pursuant to this Protective Order, but such right of exclusion shall be applicable only during periods of examination or testimony during which Confidential information is being used or discussed. 7. Disclosure to Qualified Persons Confidential information shall not be disclosed or made available by the receiving party to persons other than Qualified Persons except as necessary to comply with applicable law or the valid order of a court of competent jurisdiction.

But if a disclosure is compelled by law or court order, the receiving party will notify the producing party as promptly as practicable (if at all possible, before making such disclosure). The receiving party shall seek a protective order or confidential treatment of such information or cooperate with the producing party to protect the information. 8. Unintentional Disclosures Documents unintentionally produced without designation as Confidential information later may be designated and shall be treated as Confidential information from the date written notice of the designation is provided to the receiving party.

If a receiving party learns of any unauthorized disclosure of Confidential information, the party shall immediately upon learning of such disclosure inform the producing party of all pertinent facts relating to such disclosure and shall make all reasonable efforts to prevent disclosure by each unauthorized person who received such information. 9. Documents Produced for Inspection Prior to Designation In the event documents are produced for inspection prior to designation, the documents shall be treated as Confidential information during inspection. At the time of copying for the receiving parties, Confidential information shall be marked prominently “Confidential” by the producing party.

10. Consent to Disclosure and Use in Examination Nothing in this order shall prevent disclosure beyond the terms of this order if each party designating the information as Confidential information consents to such disclosure or if the court, after notice to all affected parties and nonparties, orders such disclosure. Nor shall anything in this order prevent any counsel of record from utilizing Confidential information in the examination or cross-examination of any person who is indicated on the document as being an author, source, or recipient of the Confidential information, irrespective of which party produced such information. 11.

Challenging the Designation of Confidential Information 41 A party shall not be obligated to challenge the propriety of a designation Confidential information at the time such designation is made, and a failure to do so shall not preclude a subsequent challenge to the designation. In the event that any party to this litigation disagrees at any stage of these proceedings with the designation of any information as Confidential information, the parties shall first try to resolve the dispute in good faith on an informal basis, such as by production of redacted copies. If the dispute cannot be resolved, the objecting party may invoke this Protective Order by objecting in writing to the party who designated the document or information as Confidential information. The designating party shall then have 14 days to move the court for an order preserving the designated status of the disputed information.

The disputed information shall remain Confidential information unless the court orders otherwise. Failure to move for an order shall constitute a termination of the status of such item as Confidential information. 12. Challenging Release of Confidential Information to Qualified Persons In the event that any party in good faith believes that a particular Qualified Person or the disclosure of particular Confidential information to such person should be precluded, the objecting party shall give written notice to the opposing party and the parties shall first try to resolve the dispute in good faith on an informal basis.

If the dispute cannot be resolved, the objecting party shall have 21 days from the date of the written notice to move the court for an order denying the disputed person (a) status as a Qualified Person, or (b) access to particular Confidential information. The objecting party shall demonstrate that disclosure to the disputed person would expose the objecting party to a substantial risk of harm. Upon the timely filing of such a motion, no disclosure of Confidential information shall be made to the disputed person unless the court enters an order preserving the designation. 13.

Manner of Use in Proceedings In the event a party wishes to use any Confidential information in affidavits, declarations, briefs, memoranda of law, or other papers filed in this litigation, the party shall do one of the following: (I) with the consent of the producing party, file only a redacted copy of the information; (2) where appropriate (e.g., in connection with discovery and evidentiary motions) provide the information solely for in camera review; or (3) file such information under seal with the court consistent with the sealing requirements of the court. Nothing in this Order shall limit the parties’ rights or ability to offer evidence at a hearing or trial. The manner of using any Confidential information at a hearing or trial and the status of Confidential information resulting from any such use will be determined by the court. 14.

Filing Under Seal The clerk of this court is directed to maintain under seal all documents, transcripts of deposition testimony, answers to interrogatories, admissions, and other papers filed under seal in this litigation that have been designated, in whole or in part, as Confidential information by any party to this litigation consistent with the sealing requirements of the court. 15. Return of Documents Not later than 120 days after conclusion of this litigation and any appeal related to it, any Confidential information, all reproductions of such information, and any notes, summaries, or 42 descriptions of such information in the possession of any of the persons specified in paragraph 2 shall be returned to the producing party or destroyed, except as this court may otherwise order or to the extent such information has been used as evidence at any trial or hearing. Notwithstanding this obligation to return or destroy information, counsel may retain attorney work product, including document indices, so long as that work product does not duplicate verbatim substantial portions of the text of any Confidential information.

16. Ongoing Obligations Insofar as the provisions of this Protective Order, or any other protective orders entered in this litigation, restrict the communication and use of the information protected by it, such provisions shall continue to be binding after the conclusion of this litigation, except that (a) there shall be no restriction on documents that are used as exhibits in open court unless such exhibits were filed under seal, and (b) a party may seek the written permission of the producing party or order of the court with respect to dissolution or modification of this, or any other, protective order. 17. Duty to Ensure Compliance Any party providing Confidential information to a Qualified Person shall have the duty to reasonably ensure that such person observes the terms of this Protective Order and shall be responsible upon breach of such duty for the failure of such person to observe the terms of this Protective Order.

18. Waiver Pursuant to Federal Rule of Evidence 502, neither the attorney-client privilege nor work- product protection is waived by disclosure connected with this litigation. 19. Modification and Exceptions The parties may, by stipulation, provide for exceptions to this order and any party may seek an order of this court modifying this Protective Order.

It is SO ORDERED this day of , 20 . United States District Judge 43 APPENDIX H-2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS DIVISION , , Plaintiff, Defendant. § § § § § § § CIVIL ACTION NO. CONFIDENTIALITY AND PROTECTIVE ORDER Before the court is the joint motion of the parties for the entry of a confidentiality and protective order (“Protective Order”). Based on the parties’ submissions and the record in this matter, the court finds that disclosure and discovery activity in this action are likely to involve production of confidential, sensitive, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted.

Accordingly, a protective order for such information is justified in this matter: • • • • • • to expedite the flow of information; to facilitate the prompt resolution of disputes over confidentiality of discovery materials; to adequately protect information the parties are entitled to keep confidential; to ensure that the parties are permitted reasonably necessary uses of such material in preparation for and in the conduct of trial; to address the handling of confidential materials at the end of the litigation; and to serve the ends of justice. This Protective Order does not confer blanket protections on all disclosures of responses to discovery, and the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to be treated as confidential. After careful consideration, it is ORDERED that the motion is granted, and the court ORDERS the following: 44 1. Classified Information “Classified Information” means any information of any type, kind, or character that is designated as “Confidential,” “For Counsel Only,” or “Attorneys’ Eyes Only” by any of the supplying or receiving persons, whether it be a document, information contained in a document, information revealed during discovery, or otherwise.

2. Qualified Persons “Qualified Persons” means: a. For Counsel or Attorneys’ Eyes Only information: i. ii. iii. iv. retained counsel for the parties in this litigation and their respective staff; actual or potential independent experts or consultants (and their administrative or clerical staff) engaged in connection with this litigation (which shall not include the current employees, officers, members, or agents of parties or affiliates of parties) who, prior to any disclosure of Classified Information to such person, have signed a document agreeing to be bound by the terms of this Protective Order and have been designated in writing by notice to all counsel;1 this court and its staff and any other tribunal, special master, or dispute resolution officer duly appointed or assigned in connection with this litigation; and litigation vendors, court reporters, video camera operators, translators, and other litigation support personnel. b. For Confidential information: i. the persons identified in subparagraph 2(a); ii. the party, if a natural person; iii. iv. if the party is an entity, such officers or employees of the party who are actively involved in the prosecution or defense of this case who, prior to any disclosure of Confidential information to such person, have signed a document agreeing to be bound by the terms of this Protective Order; actual or potential independent experts or consultants (and their administrative or clerical staff) engaged in connection with this litigation (which shall not include the current employees, officers, members, or agents of parties or affiliates of parties) who, by their receipt of Confidential information are bound by the terms of this Protective Order v. jury and trial consultants and their staff and mock jurors who have signed a document agreeing to be bound by the terms of this Protective Order; 1 Designation of an expert or consultant under this provision is not a waiver of such person’s status as a consulting only expert or of any otherwise exiting protection against discovery of such person’s work or opinions. 45 vi. any person who was an author, addressee, or intended or authorized recipient of the Confidential information and who agrees to keep the information confidential, provided that such persons may see and use the Confidential information but not retain a copy. c. Such other person as this court may designate after notice and an opportunity to be heard. For purposes of subsections (a)(ii), the attorney who retains or designates such persons shall maintain the signed certifications of those persons.

3. Designation Criteria a. Classified Information. A party shall designate as Classified Information only such information that the party in good faith believes in fact is confidential. Information that is generally available to the public, such as public filings, catalogues, advertising materials, and the like, shall not be designated as Classified Information.

Information and documents that may be designated as Classified Information include, but are not limited to, trade secrets, confidential or proprietary financial information, operational data, business plans, and competitive analyses, personnel files, personal information that is protected by law, and other sensitive information that, if not restricted as set forth in this order, may subject the producing or disclosing person to competitive or financial injury or potential legal liability to third parties. Correspondence and other communications between the parties or with nonparties may be designated as Classified Information if the communication was made with the understanding or reasonable expectation that the information would not become generally available to the public. b. For Counsel or Attorneys Only. The designation “For Counsel Only” or “Attorneys’ Eyes Only” shall be reserved for information that is believed to be unknown to the opposing party or parties, or any of the employees of a corporate party. For purposes of this order, so-designated information includes, but is not limited to, product formula information, design information, non- public financial information, pricing information, customer identification data, and certain study methodologies. c. Ultrasensitive Information.

At this point, the parties do not anticipate the need for higher levels of confidentiality as to ultrasensitive documents or information. However, in the event that a court orders that ultrasensitive documents or information be produced, the parties will negotiate and ask the court to enter an ultrasensitive information protocol in advance of production to further protect such information. d. Nonclassified Information. Classified Information shall not include information that either: i. is in the public domain at the time of disclosure, as evidenced by a written document; 46 ii. iii. iv. becomes part of the public domain through no fault of the recipient, as evidenced by a written document; the receiving party can show by written document was in its rightful and lawful possession at the time of disclosure; or lawfully comes into the recipient’s possession subsequent to the time of disclosure from another source without restriction as to disclosure, provided such third party has the right to make the disclosure to the receiving party. 4.

Use of Classified Information All Classified Information provided by any party or nonparty in the course of this litigation shall be used solely for the purpose of preparation, trial, and appeal of this litigation and for no other purpose and shall not be disclosed except in accordance with the terms of this Order. 5. Marking of Documents Documents provided in this litigation may be designated by the producing person or by any party as Classified Information by marking each page of the documents so designated with a stamp indicating that the information is “Confidential,” “For Counsel Only,” or “Attorneys’ Eyes Only.” The designation should be made in a fashion or form that is conspicuous yet allows the Classified Information to remain legible. In lieu of marking the original of a document, if the original is not provided, the designating party may mark the copies that are provided.

Originals shall be preserved for inspection. 6. Disclosure at Depositions Information disclosed at (a) the deposition of a party or one of its present or former officers, directors, employees, agents, consultants, representatives, or independent experts retained by counsel for the purpose of this litigation, or (b) the deposition of a nonparty may be designated by any party as Classified Information by indicating on the record at the deposition that the testimony is “Confidential” or “For Counsel Only” and is subject to the provisions of this Order. Any party also may designate information disclosed at a deposition as Classified Information by notifying all parties in writing not later than 30 days of receipt of the transcript of the specific pages and lines of the transcript that should be treated as Classified Information thereafter.

Each party shall attach a copy of each such written notice to the face of the transcript and each copy of the transcript in that party’s possession, custody, or control. All deposition transcripts shall be treated as For Counsel Only for a period of 30 days after initial receipt of the transcript. To the extent possible, the court reporter shall segregate into separate transcripts information designated as Classified Information with blank, consecutively numbered pages being provided in a non-designated main transcript. The separate transcript containing Classified Information shall have page numbers that correspond to the blank pages in the main transcript.

Counsel for a party or a nonparty witness shall have the right to exclude from depositions any person who is not authorized to receive Classified Information pursuant to this Protective Order, 47 but such right of exclusion shall be applicable only during periods of examination or testimony during which Classified Information is being used or discussed. 7. Disclosure to Qualified Persons a. To Whom. Classified Information shall not be disclosed or made available by the receiving party to persons other than Qualified Persons except as necessary to comply with applicable law or the valid order of a court of competent jurisdiction.

But if a disclosure is compelled by law or court order, the receiving party will notify the producing party as promptly as practicable (if at all possible, before making such disclosure). The receiving party shall seek a protective order or confidential treatment of such information or cooperate with the producing party to protect the information. Information designated as For Counsel Only shall be restricted in circulation to Qualified Persons described in subparagraph 2(a). b. Retention of Copies During This Litigation. Copies of For Counsel Only information shall be maintained only in the offices of outside counsel for the receiving party and, to the extent supplied to experts described in subparagraph 2(a)(ii), in the offices of those experts.

Any documents produced in this litigation, regardless of classification, that are provided to Qualified Persons shall be maintained only at the office of such Qualified Person and only necessary working copies of any such documents shall be made. Copies of documents and exhibits containing Classified Information may be prepared by independent copy services, printers, or illustrators for the purpose of this litigation. c. Each party’s outside counsel shall maintain a log of all copies of For Counsel Only documents that are delivered to Qualified Persons. 8. Unintentional Disclosures Documents unintentionally produced without designation as Classified Information later may be designated and shall be treated as Classified Information from the date written notice of the designation is provided to the receiving party.

If a receiving party learns of any unauthorized disclosure of Confidential information or For Counsel Only information, the party shall immediately upon learning of such disclosure inform the producing party of all pertinent facts relating to such disclosure and shall make all reasonable efforts to prevent disclosure by each unauthorized person who received such information. 9. Documents Produced for Inspection Prior to Designation In the event documents are produced for inspection prior to designation, the documents shall be treated as For Counsel Only during inspection. At the time of copying for the receiving parties, Classified Information shall be marked prominently “Confidential,” “For Counsel Only,” or “Attorneys’ Eyes Only” by the producing party.

10. Consent to Disclosure and Use in Examination Nothing in this order shall prevent disclosure beyond the terms of this order if each party designating the information as Classified Information consents to such disclosure or if the court, after notice to all affected parties and nonparties, orders such disclosure. Nor shall anything in this 48 order prevent any counsel of record from utilizing Classified Information in the examination or cross-examination of any person who is indicated on the document as being an author, source, or recipient of the Classified Information, irrespective of which party produced such information. 11.

Challenging the Designation a. Classified Information. A party shall not be obligated to challenge the propriety of a designation of Classified Information at the time such designation is made, and a failure to do so shall not preclude a subsequent challenge to the designation. In the event that any party to this litigation disagrees at any stage of these proceedings with the designation of any information as Classified Information, the parties shall first try to resolve the dispute in good faith on an informal basis, such as by production of redacted copies. If the dispute cannot be resolved, the objecting party may invoke this Protective Order by objecting in writing to the party who designated the document or information as Classified Information.

The designating party shall then have 14 days to move the court for an order preserving the designated status of the disputed information. The disputed information shall remain Classified Information unless the court orders otherwise. Failure to move for an order shall constitute a termination of the status of such item as Classified Information. b. Qualified Persons. In the event that any party in good faith disagrees with the designation of a person as a Qualified Person or the disclosure of particular Classified Information to such person, the parties shall first try to resolve the dispute in good faith on an informal basis.

If the dispute cannot be resolved, the objecting party shall have 21 days from the date of the designation or, in the event particular Classified Information is requested subsequent to the designation of the Qualified Person, 21 days from service of the request to move the court for an order denying the disputed person (a) status as a Qualified Person, or (b) access to particular Classified Information. The objecting party shall demonstrate that disclosure to the disputed person would expose the objecting party to a substantial risk of harm. Upon the timely filing of such a motion, no disclosure of Classified Information shall be made to the disputed person unless the court enters an order preserving the designation. 12.

Manner of Use in Proceedings In the event a party wishes to use any Classified Information in affidavits, declarations, briefs, memoranda of law, or other papers filed in this litigation, the party shall do one of the following: (1) with the consent of the producing party, file only a redacted copy of the information; (2) where appropriate (e.g., in connection with discovery and evidentiary motions) provide the information solely for in camera review; or (3) file such information under seal with the court consistent with the sealing requirements of the court. Nothing in this Order shall limit the parties’ rights or ability to offer evidence at a hearing or trial. The manner of using any Classified Information at a hearing or trial and the status of Classified Information resulting from any such use will be determined by the court. 13.

Filing Under Seal The clerk of this court is directed to maintain under seal all documents, transcripts of deposition testimony, answers to interrogatories, admissions, and other papers filed under seal in 49 this litigation that have been designated, in whole or in part, as Classified Information by any party to this litigation consistent with the sealing requirements of the court. 14. Return of Documents Not later than 120 days after conclusion of this litigation and any appeal related to it, any Classified Information, all reproductions of such information, and any notes, summaries, or descriptions of such information in the possession of any of the persons specified in paragraph 2 (except subparagraph 2(a)(iii shall be returned to the producing party or destroyed, except as this court may otherwise order or to the extent such information has been used as evidence at any trial or hearing. Notwithstanding this obligation to return or destroy information, counsel may retain attorney work product, including document indices, so long as that work product does not duplicate verbatim substantial portions of the text of any Classified Information.

15. Ongoing Obligations Insofar as the provisions of this Protective Order, or any other protective orders entered in this litigation, restrict the communication and use of the information protected by it, such provisions shall continue to be binding after the conclusion of this litigation, except that (a) there shall be no restriction on documents that are used as exhibits in open court unless such exhibits were filed under seal, and (b) a party may seek the written permission of the producing party or order of the court with respect to dissolution or modification of this, or any other, protective order. 16. Advice to Clients This order shall not bar any attorney in the course of rendering advice to such attorney’s client with respect to this litigation from conveying to any party client the attorney’s evaluation in a general way of Classified Information produced or exchanged under the terms of this order; provided, however, that in rendering such advice and otherwise communicating with the client, the attorney shall not disclose the specific contents of any Classified Information produced by another party if such disclosure would be contrary to the terms of this Protective Order.

17. Duty to Ensure Compliance Any party designating any person as a Qualified Person shall have the duty to reasonably ensure that such person observes the terms of this Protective Order and shall be responsible upon breach of such duty for the failure of such person to observe the terms of this Protective Order. 18. Waiver Pursuant to Federal Rule of Evidence 502, neither the attorney-client privilege nor work- product protection is waived by disclosure connected with this litigation.

19. Modification and Exceptions The parties may, by stipulation, provide for exceptions to this order and any party may seek an order of this court modifying this Protective Order. 50 It is SO ORDERED this day of , 20 . United States District Judge 51 APPENDIX I GUIDELINES FOR RECORDED DEPOSITION Recorded depositions are authorized without the necessity of a motion and court order if taken under the following guidelines: 1.

The beginning of the recording shall contain an announcement or other indication of the style of the case, the cause number, the name of the court where the case is pending, the physical location of the deposition, and an introduction of the witness, the attorneys, any parties or party representative who may be present, the court reporter, the video technician, and any other persons present at the deposition. 2. The witness will be sworn on camera. 3.

The camera shall remain on the witness in standard fashion throughout the deposition. Close-ups and other similar techniques are forbidden unless agreed to by the parties or ordered by the court. 4. The arrangement of the interrogation should be such that, in responding to the interrogating attorney, the witness will look as directly into the camera as possible.

5. No smoking shall be allowed during the recording, and there should be no unnecessary noise or movement. 6. The party issuing the notice of the recorded deposition shall be responsible for the original of the recording, and other parties shall have the option to obtain copies at their cost.

7. A time-date generator or other suitable indexing method must be used throughout the course of recording the deposition. 8. An announcement of the time on the recording shall be made each time the recording is begun and is stopped.

9. The time of conclusion of the recording must be announced on the recording. 52 APPENDIX "J" NOTICE REGARDING COMPLAINTS OF JUDICIAL MISCONDUCT OR DISABILITY To improve the administration of justice in the federal courts, Congress passed the Judicial Conduct and Disability Act of 1980, codified at 28 U.S.C. § 372(c). The law authorizes complaints against United States circuit, district, bankruptcy, and magistrate judges who have "engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts" or who are "unable to discharge all the duties of office by reason of mental or physical disability." The conduct to which the law is addressed does not include making wrong judicial decisions, for the law provides that a complaint may be dismissed if it is "directly related to the merits of a decision or procedural ruling." The Judicial Council of the Fifth Circuit has adopted Rules Governing Complaints of Judicial Misconduct or Disability.

These rules apply to judges of the U. S. Court of Appeals for the Fifth Circuit and to the district, bankruptcy, and magistrate judges of federal courts within the Fifth Circuit. The circuit includes the states of Texas, Louisiana, and Mississippi. These rules may be obtained from, and written complaints filed at, the following office: Clerk U. S. Court of Appeals, Fifth Circuit 600 Camp Street, Room 102 New Orleans, Louisiana 70130 "J" - 1 APPENDIX "K" PLAN FOR PROMPT DISPOSITION OF CRIMINAL CASES PURSUANT TO THE SPEEDY TRIAL ACT OF 1974-- 18 U.S.C. §3165(e)(3) SECTION II STATEMENT OF TIME LIMITS ADOPTED BY THE COURT AND PROCEDURES FOR IMPLEMENTING THEM Pursuant to the requirements of Rule 50(b) of the Federal Rules of Criminal Procedure, the Speedy Trial Act of 1974 (18 U.S.C. Chapter 208), the Speedy Trial Act Amendments Act of 1979 (Pub. L. No. 96-43, 93 Stat. 327), and the Federal Juvenile Delinquency Act (18 U.S.C. §§5036, 5037), the Judges of the United States District Court for the Western District of Texas have adopted the following time limits and procedures to minimize undue delay and to further the prompt disposition of criminal cases and certain juvenile proceedings: A. Applicability.

1. Offenses. The time limits set forth herein are applicable to all criminal offenses triable in this Court,1 including cases triable by United States Magistrates, except for petty offenses as defined in 18 U.S.C. §1(3). Except as specifically provided, they are not applicable to proceedings under the Federal Juvenile Delinquency Act. [§3172] 2.

Persons. The time limits are applicable to persons accused who have not been indicted or informed against as well as those who have, and the word "defendant" includes such persons unless the context indicates otherwise.

B. Priorities In Scheduling Criminal Cases.

Preference shall be given to criminal proceedings as far as practicable as required by Rule 50(a) of the Federal Rules of Criminal Procedure. The trial of defendants in custody solely because they are awaiting trial and of high-risk defendants as defined in Section E should be given preference over other criminal cases. [§3164(a)] "K" - 1 118 U.S.C. §3172 defines offenses as "any Federal criminal offense which is in violation of any Act of Congress..." C. Time Within Which An Indictment Or Information Must Be Filed. (1) Time Limits. If an individual is arrested or served with a summons and the complaint charges an offense to be prosecuted in this district, any indictment or information subsequently filed in connection with such charge shall be filed within 30 days of arrest or service. [§3161(b)] (2) Grand Jury Not In Session.

If the defendant is charged with a felony to be prosecuted in this district, and no grand jury in the district has been in session during the 30- day period prescribed in subsection (1), such period shall be extended an additional 30 days. [§3161(b)] (3) Measurement Of Time Periods. If a person has not been arrested or served with a summons on a Federal charge, an arrest will be deemed to have been made at such time as the person (i) is held in custody solely for the purpose of responding to a Federal charge; (ii) is delivered to the custody of a Federal official in connection with a Federal charge; or (iii) appears before a judicial officer in connection with a Federal charge. (4) Related Procedures. (a) At the time of the earliest appearance before a judicial officer of a person who has been arrested for an offense not charged in an indictment or information, the judicial officer shall establish for the record the date on which the arrest took place.

(b) In the absence of a showing to the contrary, a summons shall be considered to have been served on the date of service shown on the return thereof.

D. Time Within Which Trial Must Commence.

(1) Time Limits. The trial of a defendant shall commence not later than 70 days after the last to occur of the following dates: (a) (b) (c) The date on which an indictment or information is filed in this district; The date on which a sealed indictment or information is unsealed; or The date of the defendant's first appearance before a judicial officer of this district. [3161(c)(1)] "K" - 2 (2) Retrial: Trial After Reinstatement of an Indictment or Information. The retrial of a defendant shall commence within 70 days from the date the order occasioning the retrial becomes final, as shall the trial of a defendant upon an indictment or information dismissed by a trial court and reinstated following an appeal. If the retrial or trial follows an appeal or collateral attack, the court may extend the period if unavailability of witnesses or other factors resulting from passage of time make trial within 70 days impractical.

The extended period shall not exceed 180 days. [§§3161(d)(2),(e)] (3) Withdrawal of Plea. If a defendant enters a plea of guilty or nolo contendere to any or all charges in an indictment or information and is subsequently permitted to withdraw it, the time limit shall be determined for all counts as if the indictment or information were filed on the day the order permitting withdrawal of the plea became final. [§3161(i)] (4) Superseding Charges. If, after an indictment or information has been filed, a complaint, indictment, or information is filed which charges the defendant with the same offense or with an offense required to be joined with that offense, the time limit applicable to the subsequent charge will be determined as follows: (a) If the original indictment or information was dismissed on motion of the defendant before the filing of the subsequent charge, the time limit shall be determined without regard to the existence of the original charge. [§3161(d)(1)] (b) If the original indictment or information is pending at the time the subsequent charge is filed, the trial shall commence within the time limit for commencement of trial on the original indictment or information. [§3161(h)(6)] (c) If the original indictment or information was dismissed on motion of the United States Attorney before the filing of the subsequent charge, the trial shall commence within the time limit for commencement of trial on the original indictment or information, but the period during which the defendant was not under charges shall be excluded from the computations. Such period is the period between the dismissal of the original indictment or information and the date the time would have commenced to run on the subsequent charge had there been no previous charge.2 [§3161(h)(6)] "K" - 3 2Under the rule of this paragraph, if an indictment was 2 dismissed on motion of the prosecutor on May 1, with 20 days remaining within which trial must be commenced, and the defendant was arrested on a new complaint on June 1, the time remaining for trial would be 20 days from June 1: the time limit would be based on the original indictment, but the period from the dismissal to the new arrest would not count.

Although the 30-day arrest-to-indictment time limit would apply to the new arrest as a formal matter, the short deadline for trial would necessitate earlier grand jury action. If the subsequent charge is contained in a complaint, the formal time limit within which an indictment or information must be obtained on the charge shall be determined without regard to the existence of the original indictment or information, but earlier action may in fact be required if the time limit for commencement of trial is to be satisfied. (5) Measurement of Time Periods. For the purposes of this section: (a) If a defendant signs a written consent to be tried before a magistrate and no indictment or information charging the offense has been filed, the time limit shall run from the date of such consent.

(b) In the event of a transfer to this district under Rule 20 of the Federal Rules of Criminal Procedure, the indictment or information shall be deemed filed in this district when the papers in the proceeding or certified copies thereof are received by the clerk. (c) A trial in a jury case shall be deemed to commence at the beginning of voir dire. (d) A trial in a nonjury case shall be deemed to commence on the day the case is called, provided that some step in the trial procedure immediately follows. (6) Related Procedures.

(a) At the time of the defendant's earliest appearance before a judicial officer of this district, the officer will take appropriate steps to assure that the defendant is represented by counsel and shall appoint counsel where appropriate under the Criminal Justice Act and Rule 44 of the Federal Rules of Criminal Procedure. (b) The court shall have sole responsibility for setting cases for trial after consultation with counsel. At the time of arraignment or as soon thereafter as is practicable, each case will be set for trial on a day certain or listed for trial on a weekly or other short-term calendar. [§3161(a)] (c) Individual calendars shall be managed so that it will be reasonably anticipated that every criminal case set for trial will be reached during the week of original setting. A conflict in schedules of Assistant United States Attorneys or defense counsel will be ground for a continuance or delayed setting only if approved by the court and called to the court's attention at the earliest practicable time.

"K" - 4 (d) In the event that a complaint, indictment, or information is filed against a defendant charged in a pending indictment or information or in an indictment or information dismissed on motion of the United States Attorney, the trial on the new charge shall commence within the time limit for commencement of trial on the original indictment or information unless the court finds that the new charge is not for the same offense charged in the original indictment or information or an offense required to be joined therewith. (e) At the time of the filing of a complaint, indictment, or information described in paragraph (d), the United States Attorney shall give written notice to the court of that circumstance and of his position with respect to the computation of the time limits. (f) All pretrial hearings shall be conducted as soon after the arraignment as possible, consistent with the priorities of other matters on the court's criminal docket. E. Defendants in Custody and High-Risk Defendants.3 (1) Time Limits.

Notwithstanding any longer time periods that may be permitted under sections C and D, the following time limits will also be applicable to defendants in custody and high-risk defendants as herein defined: (a) The trial of a defendant held in custody solely for the purpose of trial on a Federal charge shall commence within 90 days following the beginning of continuous custody. (b) The trial of a high-risk defendant shall commence within 90 days of the designation as high-risk. [§3164(b)] (2) Definition of "High-Risk Defendant." A high-risk defendant is one reasonably designated by the United States Attorney as posing a danger to himself or any other person or to the community. (3) Measurement of Time Periods. For the purposes of this section: (a) A defendant is deemed to be in detention awaiting trial when he is arrested on a Federal charge or otherwise held for the purpose of responding to a Federal charge.

Detention is deemed to be solely because the defendant is awaiting trial unless the person exercising custodial authority has an independent basis (not including a detainer) for continuing to hold the defendant. "K" - 5 3If a defendant's presence has been obtained through the filing of a detainer with state authorities, the Interstate Agreement on Detainers, 18 U.S.C., Appendix, may require that trial commence before the deadline established by the Speedy Trial Act. See U.S. v. Mauro, 436 U.S. 340), 356-57 n.24 (1978) (b) If a case is transferred pursuant to Rule 20 of the Federal Rules of Criminal Procedure and the defendant subsequently rejects disposition under Rule 20 or the court declines to accept the plea, a new period of continuous detention awaiting trial will begin at that time. (c) A trial shall be deemed to commence as provided in section D(5)(c) and D(5)(d).

(4) Related Procedures. (a) If a defendant is being held in custody solely for the purpose of awaiting trial, the United States Attorney shall advise the court at the earliest practicable time of the date of the beginning of such custody. (b) The United States Attorney shall advise the court at the earliest practicable time (usually at the hearing with respect to bail) if the defendant is considered by him to be high risk. (c) If the court finds that the filing of a "high-risk" designation as a public record may result in prejudice to the defendant, it may order the designation sealed for such period as is necessary to protect the defendant's right to a fair trial, but not beyond the time that the court's judgment in the case become final.

During the time the designation is under seal, it shall be made known to the defendant and his counsel but shall not be made known to other persons without the permission of the court.

F. Exclusion of Time From Computations.

(1) (2) Applicability. In computing any time limit under section C (Interval I), D (Interval II), or E (Custody/High-Risk), the periods of delay set forth in 18 U.S.C. §3161(h) shall be excluded. Such periods of delay shall not be excluded in computing the minimum period for commencement of trial under section G. Records of Excludable Time. The clerk of the court shall enter on the docket, in the form prescribed by the Administrative Office of the United States Courts, information with respect to excludable periods of time for each criminal defendant.

"K" - 6 (3) Stipulations. (a) (b) The attorney for the government and the attorney for the defendant may at any time enter into stipulations with respect to the accuracy of the docket entries recording excludable time. To the extent that the amount of time stipulated by the parties does not exceed the amount recorded on the docket for any excludable period of delay, the stipulation shall be conclusive as between the parties unless it has no basis in fact or law. It shall similarly be conclusive as to a codefendant for the limited purpose of determining, under 18 U.S.C. §3161(h)(7), whether time has run against the defendant entering into the stipulation.

(c) To the extent that the amount of time stipulated exceeds the amount recorded on the docket, the stipulation shall have no effect unless approved by the court. (4) Pre-Indictment Procedures. (a) (b) In the event that the United States Attorney anticipates that an indictment or information will not be filed within the time limit set forth in section C (Interval I), he may file a written motion with the court for a determination of excludable time. In the event that the United States Attorney seeks a continuance under 18 U.S.C. §3161(h)(8), he shall file a written motion with the court requesting such a continuance.

The motion of the United States Attorney shall state (i) the period of time proposed for exclusion, and (ii) the basis of the proposed exclusion. If the motion is for a continuance under 18 U.S.C. §3161(h)(8), it shall also state whether or not the defendant is being In appropriate held in custody on the basis of the complaint. circumstances, the motion may include a request that some or all of the supporting material be considered ex parte and in camera. "K" - 7 (c) The court may grant a continuance under 18 U.S.C. §3161(h)(8) for either a specific period of time or a period to be determined by reference to an event (such as recovery from illness) not within the control of the government. If the continuance is to a date not certain, the court shall require one or both parties to inform the court promptly when and if the circumstances that justify the continuance no longer exist.

In addition, the court shall require one or both parties to file periodic reports bearing on the continued existence of such circumstances. The court shall determine the frequency of such reports in the light of the facts of the particular case. (5) Post-Indictment Procedures. (a) (b) (c) At each appearance of counsel before the court, counsel shall examine the clerk's records of excludable time for completeness and accuracy and shall bring to the court's immediate attention any claim that the clerk's record is in any way incorrect.

In the event that the court continues a trial beyond the time limit set forth in section D or E, the court shall determine whether the limit may be recomputed by excluding time pursuant to 18 U.S.C. §3161(h). If it is determined that a continuance is justified, the court shall set forth its findings in the record, either orally or in writing. If the continuance is granted under 18 U.S.C. §3161(h)(8), the court shall also set forth its reasons for finding that the ends of justice served by granting the continuance outweigh the best interest of the public and the defendant in a speedy trial. If the continuance is to a date not certain, the court shall require one or both parties to inform the court promptly when and if the circumstances that justify the continuance no longer exist.

In addition, the court shall require one or both parties to file periodic reports bearing on the continued existence of such circumstances. The court shall determine the frequency of such reports in the light of the facts of the particular case. "K" - 8 G. Minimum Period for Defense Preparation. Unless the defendant consents in writing to the contrary, the trial shall not commence earlier than 30 days from (i) the date on which the indictment or information is filed or (ii), if later, from the date on which counsel first enters an appearance, or (iii) the date on which the defendant expressly waives counsel and elects to proceed pro se.

In circumstances in which the 70-day time limit for commencing trial on a charge in an indictment or information is determined by reference to an earlier indictment or information pursuant to section D(4), the 30-day minimum period shall also be determined by reference to the earlier indictment or information. When prosecution is resumed on an original indictment or information following a mistrial, appeal, or withdrawal of a guilty plea, a new 30-day minimum period will not begin to run. The court will in all cases schedule trials so as to permit defense counsel adequate preparation time in the light of all the circumstances. [§3161(c)(2)].

H. Time Within Which Defendant Should be Sentenced.

(1) (2) Time Limit. A defendant shall ordinarily be sentenced within (45) days of the date of his conviction or plea of guilty or nolo contendere. Related Procedures. If the defendant and his counsel consent thereto, a presentence investigation may be commenced prior to a plea of guilty or nolo contendere or a conviction.

I. Juvenile Proceedings.

(1) (2) Time Within Which Trial Must Commence. An alleged delinquent who is in detention pending trial shall be brought to trial within 30 days of the date on which such detention was begun, as provided in 18 U.S.C. §5036. Time of Dispositional Hearing. If a juvenile is adjudicated delinquent, a separate dispositional hearing shall be held no later than 20 court days after trial, unless the court has ordered further study of the juvenile in accordance with 18 U.S.C. § 5037(c).

J. Sanctions.

(1) Dismissal or Release from Custody. Failure to comply with the requirements of Title I of the Speedy Trial Act may entitle the defendant to dismissal of the charges against him or to release from pretrial custody. Nothing in this plan shall be construed to require that a case be dismissed or a defendant released from custody in circumstances in which such action would not be required by 18 U.S.C. §§ 3162 and 3164.4 "K" - 9 4Dismissal may also be required in some cases under the Interstate Agreement on Detainers, 18 U.S.C., Appendix. (2) (3) (4) High-Risk Defendant.

A high-risk defendant whose trial has not commenced within the time limit set forth in 18 U.S.C. § 3164(b) shall, if the failure to commence trial was through no fault of the attorney for the government, have his release conditions automatically reviewed. A high-risk defendant who is found by the court to have intentionally delayed the trial of his case shall be subject to an order of the court modifying his nonfinancial conditions of release under Chapter 207 of Title 18, U.S.C., to ensure that he shall appear at trial as required. [§3164(c)] Discipline of Attorneys. In a case in which counsel (a) knowingly allows the case to be set for trial without disclosing the fact that a necessary witness would be unavailable for trial, (b) files a motion solely for the purpose of delay which he knows is frivolous and without merit, (c) makes a statement for the purpose of obtaining a continuance which he knows to be false and which is material to the granting of the continuance, or (d) otherwise willfully fails to proceed to trial without justification consistent with 18 U.S.C. §3161, the court may punish such counsel as provided in 18 U.S.C. §§ 3162(b) and (c). Alleged Juvenile Delinquents.

An alleged delinquent in custody whose trial has not commenced within the time limit set forth in 18 U.S.C. § 5036 shall be entitled to dismissal of his case pursuant to that section unless the Attorney General shows that the delay was consented to or caused by the juvenile or his counsel, or would be in the interest of justice in the particular case.

K. Persons Serving Terms of Imprisonment.

If the United States Attorney knows that a person charged with an offense is serving a term of imprisonment in any penal institution, he shall promptly seek to obtain the presence of the prisoner for trial, or cause a detainer to be filed, in accordance with the provisions of 18 U.S.C. §3161(j).

L. Effective Dates.

(1) The amendments to the Speedy Trial Act made by Public Law 96-43 became effective August 2, 1979. To the extent that this revision of the district's plan does more than merely reflect the amendments, the revised plan shall take effect upon approval of the reviewing panel designated in accordance with 18 U.S.C. §3165(c). However, the dismissal sanction and the sanctions against attorneys authorized by 18 U.S.C. § 3162 and reflected in sanctions J(1) and (2) of this plan shall apply only to defendants whose cases are commenced by arrest or summons on or after July, 1980, and to indictments and information filed on or after that date. "K" - 10 (2) (3) (4) If a defendant was arrested or served with a summons before July 1, 1979, the time within which an information or indictment must be filed shall be determined under the plan that was in effect at the time of such arrest or service.

If a defendant was arraigned before August 2, 1979, the time within which the trial must commence shall be determined under the plan that was in effect at the time of such arraignment. If a defendant was in custody on August 2, 1979, solely because he was awaiting trial, the 90-day period under section E shall be computed from that date. "K" - 11 APPENDIX "L" Local Court Rules of the United States Bankruptcy Court for the Western District of Texas (Available by contacting the U. S. Bankruptcy Court) www.txwb.uscourts.gov “L” - 1 APPENDIX "M" ADOPTION OF THE TEXAS LAWYER'S CREED On November 7, 1989, the Texas Supreme Court and the Texas Court of Criminal Appeals adopted the Texas Lawyer's Creed to encourage honorable conduct among Texas lawyers and to discourage abusive litigation tactics. A copy of the Creed is attached.

The four Chief Judges of the federal districts in Texas signed the attached proclamation on November 9, 1994, commending the Creed to lawyers practicing in Texas federal courts. In light of the wide acceptance of the Texas Lawyer's Creed, United States District Judges of the Western District of Texas hereby adopt the Creed and commend it for observance to all lawyers practicing in this District. It should be understood that the Creed is aspirational and that any failure to follow it cannot be the basis for any sanction or other remed DATED this31day of :r' 1995. PROCLAMATION OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN, NORTHERN, SOUTHERN AND WESTERN DISTRICTS OF TEXAS WHEREAS, on November 7, 1989, the Supreme Court of Texas and the Texas Court of Criminal Appeals adopted "The Texas Lawyer's Creed-A Mandate for Professionalism"; and WHEREAS, the purpose of the Creed is to eliminate abusive litigation tactics which are a disservice to our citizens, harmful to clients, and demeaning to our profession; and WHEREAS, the Texas Lawyer's Creed has aspirational standards and encourages attorneys to adhere to the highest principles of professionalism in their dealings with the legal system, clients, judges and other lawyers; and WHEREAS, many lawyers and courts across the state have embraced the Texas Lawyer's Creed and adopted its tenets for conducting themselves with integrity, civility and counesy; and WHEREAS, most attorneys practicing in the Texas federal courts are Texas attorneys subject to the recommendations of the Texas Lawyer's Creed; THEREFORE, Be It Resolved that United States District Courts for the Eastern, Nonhero, Southern, and Western Districts of Texas commend to attorneys practicing in these Districts a thorough study of The Texas Lawyer's Creed; and Be It Funher Resolved, as stated in the Creed, that all attorneys of the Eastern, Nonhero, Southern, and Western Districts rededicate themselves to practice law so that they can enhance public confidence in the legal profession, faithfully serve their clients, and fulfill their responsibility to the legal system.

APPROVED this y of November, 1994. 9 R;c &vd:/1. -Sd41. ! v££ -- RICHARD A. SCHELL, Chief Judge United States District Coun for the Eastern District of Texas BARE OOT SANDERS, Chief Judge United States District Court for the N m District of Texa NORMAN W. BLACK, Chief Judge United States District Coun for the Southern District of Texas "M" - ASPIRATIONAL GOALS:THE TEXAS LAWYER'S CREED - A MANDATE FOR PROFESSIONAUSM ADOPTED BY THE SUPREME COURT OF TEXAS AND THE COURT OF CRIMINAL APPEAlS NOVEMBER 7, 1989 1 am a lawyer: 1 am entrusted by the People of Texas to preserve and improve our legal system. I am licensed by the'Supreme Court of Texas. I must therefore abide by the Texas Disciplinary Rules of Professional Conduct, but I know that Professionalism requires more than merely avoiding the viola- tion of laws and rules.

I am committed to this Creed for no other reason than it is right. J. OUR LEGAL SYSTEM A lawyer owes to the administration of justice personal dignity, integrity, and Independence. A lawyer should always adhere to the highest principles of professionalism. 1.

I am passionately proud of my profession. Therefore, "My word is my bond: 2.1 am responsible to assure that all persons have access to competent representation regardless of wealth or position in life. 3.1 commit myself to an adequate and effective pro bono program. 4.

1 am obligated to educate my clients, the public, and other lawyers regarding the spirit and letter of this Creed. 5. l will always be conscious of my duty to the judicial system. II.LAWYER TO CUENT A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ all appro- priate means to protect and advance the client's legitimate rights, claims, and objectives.

A lawyer shall not be deterred by any real or imagined fear of judicial disfavor or public unpopularity, nor be influenced by mere self-interest. 1. 1 will advise my client of the contents of this Creed when undertaking representation. 2.1 will endeavor to achieve my client's lawful objectives in legal transactions and in litigation as quickly and economically as possible.

3.1 will be loyal and committed to my client's lawful objectives, but I will not permit that loyalty and commitment to interfere with my duty to provide objective and independent advice. 4.1 will advise my client that civility and courtesy are expected and are not a sign of weakness. 5. I will advise my client of proper and expected behavior.

6.1 will treat adverse parties and witnesses with fairness and due consideration. A client has no right to demand that I abuse anyone or indulge in any offensive conduct. 7.1 will advise my client that we will not pursue conduct which is intended primarily to harass or drain the financial resources of the opposing party. 8.1 will advise my client that we will not pursue tactics which are intended primarily for delay.

9.1 will advise my client that we will not pursue any course of action which is without merit. 10.1 will advise my client that I reserve the right to determine whether to grant accommodations to opposing counsel in all matters that do not adversely affect my client's lawful objectives. A client has no right to instruct me to refuse reasonable requests made by other counsel. 11.1 will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving and settling disputes.

Ill. LAWYER TO LAWYER A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of litiga- tion, courtesy, candor, cooperation, and scrupulous observance of all agreements and mutual under· standings. Ill feelings between clients shall not influence a lawyer's conduct, attitude, or demeanor toward opposing counsel. A lawyer shall not engage in unprofessional conduct in retaliation against other unprofessional conduct.

1. I will be courteous, civil, and prompt in oral and written communications. 2. I will not quarrel over matters of form or style, but I will concentrate on matters of substance.

3. I will identify for other counsel or parties all changes I ha.ve made in documents submitted for review. 4.1 will attempt to prepare documents which correctly reflect the agreement of the parties. I will not include provisions which have not been agreed upon or omit provisions which are necessary to reflect the agreement of the parties. s. 1 will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as practi- cable, when hearings, depositions, meetings, confere.nces or losings are cancelled.

6.1 will agree to reasonable requests for extensions of time and for waiver of procedural formali- ties, provided legitimate objectives of my client will not be adversely affected. 7.1 will not serve motions or pleadings in any manner that unfairly limits another party's opportu- nity to respond. requests and responses. 8.1 will attempt to resolve by agreement my objections to matters contained in pleadings and dis- covery 9.1 can disagree without being disagreeable. I recognize that effective representation does not require antagonistic or obnoxious behavior.

Iwill neither encourage nor knowingly permit my client or anyone under my control to do anything which would be unethical or improper if done by me. 10. 1 will not, without good cause, attribute bad motives or unethical conduct to opposing counsel nor bring the profession into disrepute by unfounded accusations of impropriety. Iwill avoid disparag- ing personal remarks or acrimony towards opposing counsel, parties and witnesses.

Iwill not be influ- enced by any ill feeling between clients. Iwill abstain from any allusion to personal peculiarities or idiosyncrasies of opposing counsel. 11. 1 will not take advantage, by causing any default or dismissal to be rendered, when I know the identity of an opposing counsel, without first inquiring about that counsel's intention to proceed.

12.1 will promptly submit orders to the Court. I will deliver copies to opposing counsel before or contemporaneously with submission to .the court. I will promptly approve the form of orders which accurately reflect the substance of the rulings of the Court. 13.

I will not attempt to gain an unfair advantage by sending the Court or its staff correspondence or copies of correspondence. has been made to schedule it by agreement. 14.1 will not arbitrarily schedule a deposition, Court appearance, or hearing until a good faith effort s. 1 1 will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party. 16.1 will refrain from excessive and abusive discovery. 17.

1 will comply with all reasonable discovery requests. I will not resist discovery requests which are not objectionable. I will not make objections nor give instructions to a witness for the purpose of delaying or obstructing the discovery process. Iwill encourage witnesses to respond to all deposition questions which are reasonably understandable.

I will neither encourage nor permit my witness to quibble about words where their meaning is reasonably clear. 18.1 will not seek Court intervention to obtain discovery which is clearly improper and not discov- erable. 19. I will not seek sanctions or disqualification unless it is necessary for protection of my client's lawful objectives or is fully justified by the circumstances.

IV.

LAWYER AND JUDGE

Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection against unjust and improper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and independence of the Court and the profession. 1. 1 will always recognize that the position of judge is the symbol of both the judicial system and administration of justice.

Iwill refrain from conduct that degrades this symbol. 2. I will conduct myself in court in a professional manner and demonstrate my respect for the Court and the law. and civility. gain an advantage. tion. 3.

I will treat counsel, opposing parties, the Court, and members of the Court staff with courtesy 4. I will be punctual. 5. I will not engage in any conduct which offends the dignity and decorum of proceedings.

6. I will not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities to 7. I will respect the rulings of the Court. 8.

I will give the issues in controversy deliberate, impartial and studied analysis and considera- 9. I will be considerate of the time constraints and pressures imposed upon the Court, Court staff and counsel in efforts to administer justice and resolve disputes. 121 F.R.D. 284 57 USLW 2058, 2 Tex.Bankr.Ct.Rep. 518 (Cite as: 121 F.R.D. 284) theories involving hundreds of thousa nds o f docum ents , absent showing of intentional or willful conduct on part of plaintiffs or their counsel.

Fed .Rules Civ.P roc.Rule 37 (b), 28 U.S.C.A. Pag e: 1 United Sta tes District Co urt, N.D . Texas, Dallas Division. DO ND I PRO PER TIES COR POR ATIO N and the Federal Savings and Loan Insurance Corporation as Receiver for Vernon Savings and Loan Association, FSA, Plaintiffs, v. COMM ERCE SAVINGS AND LOAN ASS OC IAT ION , et al., Defendants. Jean Rinar d KNIG HT , Plaintiff, v. PROTECTIVE LIFE INSURANCE COMPANY, De fenda nt.

Civ. A. Nos. CA3-87- 1725-H, CA3-87-2692-D. July 14, 1988. At request of one its members, the United States District Court for the Northern District of Texas convened en ba nc for p urpo se of establishing standards of litigation conduct to b e ob serve d in civil actions in district. T he D istrict Co urt held that standards of litigation conduct would be adopted. Ord ered acco rding ly.

W est Headnotes [1] Federal Civil Procedure 170Ak25 Most Cited Cases 25 Standards of litigation conduct to be observed in c ivil actions litigated in N orthe rn D istrict of T exas w ould be ad opte d. 28 U.S.C.A. § 2072. [2] Federal Civil Procedure 170 Ak1636 .1 Most Cited Cases (Formerly 170Ak1636) 163 6.1 Plaintiffs' failu re to co mp ly w ith ma gistr ate's previous discovery orders did not require dismissal of civil action presenting complex legal and factual [3] Federal Civil Procedure 170Ak2795 Most Cited Cases (Formerly 45k24) 2795 A tto rn ey 's failure to identify himself o r his client to prospective witness prior to making inquiries about transaction pertine nt to client's civil action did not require sanctions. U.S.Dist.Ct.Ru les N.D.T ex., Ru le 5.1(a). [4] Federal Civil Procedure 170 Ak1105 .1 Most Cited Cases (Formerly 170Ak1105) 110 5.1 Filing reply brief without district court's permission did not require that brief be stricken, where court had not yet con sidere d und erlying sub stantive motions. U.S.Dist.Ct.Rules N.D.Tex., Rules 5.1, 5.1(a, c-f). *284 Do n T . O'B anno n of A rter, H add en & W itts, Dallas, Tex., and Jerome A. Hochberg and Douglas M. Mangel of Arter & *285 Hadden, W ashington, D.C ., for Dond i Pro perties Co rp., et al.

Ernest E. Figari, Alan S. Loewinsohn, and James A. Jones of Figari & Davenport, Dallas, Tex., for Gerald Stoo l, et al. Gordon M. Shapiro, Michael L. Knapek, and P atricia J. Kendall of Jackson & W alker, Dallas, Tex., for Comm erce Sav. Assn. Paul E. Coggins and Weston C .

Loegering o f Davis, M eado ws, Owens, Collier & Zachry, Dallas, Tex., for W . Deryl Comer. Randall L. Freedm an, Dallas, T ex., for Jack Fra nks. Christopher M. W eil and Amy Bro ok G anci o f W eil & Ren neke r, P.C ., Dalla s, Te x., for R .H .

Westmoreland. Mark T. Davenport of Figari & Davenport, Dallas, Te x., for Je an R inard Knight. Da vid M . Ken dall o f Tho mps on & Knig ht, A ustin, Tex., for Protective Life Ins.

Co. Be fore P OR TE R, Chief Judge, SANDE RS, Acting Copr. © W est 2001 No Claim to Orig. U.S. Govt. Wo rks “M ” - 5 Chief Judge, and WOODWARD, MAHON, BELEW, ROBINSON, BUCHMEYER, FISH, MALONEY, FIT ZW AT ER, an d CU M M ING S, District Judges. PER CURIAM: W e sit en b anc to ado pt standards of litigation conduct for attorneys appearing in civil actions in the No rthern District of Te xas.

I. to law and statutory fraud, Dondi Properties is a suit for recovery based upon civil RICO , common the Texas Fraudulent Transfer Act, federal regulations prohibiting affiliate transa ctions, c ivil cons pirac y, negligent misrep resen tation, an d usur y, arising in connection with activities related Loan Association. Knight is an action for vio lations of the Texas Insurance Code and Texas Deceptive Trade Practices-- Consumer Protection Act, and for breach of duty of good faith and bre ach of contract, arising from defendant's refusal to pay plaintiff the p roce eds o f a life insuran ce po licy. the failed Vernon Savings and to supplement Saving s the motion); the third motion for defendant, Comme rce In Dondi Properties, the following motions have been referred to the magistrate pursuant to 28 U.S.C. § 636(b) and N.D.T ex.Misc.Ord er No. 6, Rule 2(c): the Stool de fe nd an ts' [FN1] third motion for sanctions or, in the alternative, to compe l (and supplement to the motion); of sanctions Asso ciation (and defen dan t, W. Deryl Comer's, first motion for sanctions or, in the alternative, motion to compel (and supplement to the mo tion); the Stool defend ants' motion for san ctions a gainst p laintiffs' attorney; defe ndant, Jack Fra nks', first motion for sanction s or, in the alternative, motion to compel; defendant, R.H. W estmoreland's, motion for sanctions and, in the alternative, to compel; and various submissions containing additional authorities in support of the Plaintiffs have motions and b riefs alread y filed. responded to the motions, and the S tool d efend ants have filed a m otion for leav e to file rep ly to plaintiffs' response. FN1. The Stool defendants are G erald S tool, Do nald F. G old man , AM F P artners hip, Ltd ., Park Co smo politan Asso ciates, Duc k Hook Asso ciate s, T ur n p ik e W a ldro p Jo in t Venture, Alamo Associates, and Seven Flags Pag e: 2 The sanction motions c omplain of plaintiffs' failure to answer interrogatories, failure to comply with prior orders of the court pertaining to disc ove ry, misrepresenting facts to the cour t, and im pro perly withholding documents.

The magistrate had previously entered orders on M arch 29, 1988 and Ap ril 28, 1988 and defendants contend plaintiffs' conduct with respect to prior ord ers of the magistr ate warra nts dismissing their action or awarding other relief to movants. In Kn ight, there is pending before a judg e of this court plaintiff's motio n to strike a rep ly brief that defendant filed witho ut leave of co urt. On April 8, 1988, defendant filed four motions, including motions for separate trials and to join another *286 party. [FN2] On A pril 27 , 1988 , plaintiff filed her respo nse to the motions. Thereafter, without leave of court, defendant, on M ay 26 , 198 8, filed a reply to plaintiff's respo nse.

On June 3, 1988, plaintiff filed a motion to strike th e rep ly, to which motion defendant has filed a response. FN2. The other motions a re mo tions to compel and for protective order. Plaintiff contends the reply brief should be stricken because defendant did not, as required by Local Rule 5.1( f), obtain leave to file a reply, because defendant failed to seek permission immediately upon receipt of plaintiff's because and, de fe nd an t's reply w as filed in excess of 20 days after plaintiff filed her response.

In the event the court does not strike the reply, plaintiff requests leave to file an additional response. alternatively, response , At the request of a member of the court, we convened the en b anc c ourt [FN3] for the purpose of establishing standards of litigation conduct to be observed in civil actio ns litigated in the Northern District of T exas. In section II of the op inio n we establish such standards. In section III the mag istrate decides the Dondi Properties motions, and in section IV a judge of the court decides the Knight motion, in accord ance with the stan dard s we ad opt. [FN4] FN3. W e concede the unusual nature of this procedure.

We note, however, that the U.S. District Court for the Central District of Copr. © W est 2001 No Claim to Orig. U.S. Govt. Wo rks “M ” - 6 Partnership. California recen tly sat en banc to decide the Copr. © W est 2001 No Claim to Orig.

U.S. Govt. Wo rks “M ” - 7 con stitutionality of the sentencing guidelines promulgated pursuant to the Sentencing Refo rm A ct of 19 84. See United States v. Or te g a L o pe z , 6 8 4 F. Supp . 150 6 (C.D.Cal.1988) (en banc).

FN4. While we adopt en banc the standards for civil litigatio n conduct, the decisions regarding the particular motions are those of the magi s tr a t e a nd district judge , resp ectively, before whom the motions are pending. II. [1] The judicial branch of the United States government is charged with responsibility for deciding cases and co ntroversies a nd fo r administering justice. We attempt to carry out our responsibilities in the most prompt and efficient manner, reco gnizing that justice delaye d, a nd justice obtained at exce ssive co st, is often jus tice denied. [FN5] FN5.

W e do so in the sp irit of Fed.R.Civ.P. 1, which provides that the federal rules "sha ll be construed to secure the just, speedy, and inexpensive determination of every a ction." W e address today a problem that, though of relatively recent origin, is so pernicio us that it threatens to delay the administration of justice and to place litigation beyond the financial reach of litigants. W ith alarm ing frequency, we find that valua ble judicial and attorney time is consumed in resolving unnecessary conte ntion a nd sha rp p ractice s betw een lawyers. Judges and magistrates of this court are required to devote substantial attention to refereein g abusive litigation tactics that range from b enign incivility to outright obstruction. Our system of justice can ill-afford to devo te scarc e reso urces to sup ervising matters that do not advance the resolution of the merits of a case; nor can justice long rem ain available to deserving litigants if the costs of litigation are fuele d unn ecess arily to the point of being prohibitive.

As judges and former practitioners from varied backgrounds and levels o f expe rience , we jud icially know that litigation is conducted today in a manner far different from years past. Whether the increased Pag e: 3 has only become a busine ss, size of the bar has decreased collegiality, or the legal profession or experienced lawyers have ceased to teach new lawyers the standards to be observed, or because of other factors not rea dily cate goriz ed, we observe patterns of be havio r that fore bod e ill for our system of justice. [FN6] We now adopt standards designed to end such cond uct. a FN6. No r are we alon e in our observations. In Decemb er 1984 the Texas Ba r Foundation "Conference on Pro fessio conducted The conferenc e nalism." summ ary, issued in March 198 5, rec ounts similar observations from leading jud ges, lawyers, and legal educators concerning the subject of lawyer professionalism.

A. We begin by recognizing our power to adopt standards for attorney conduct in *287 civil actions and by de termin ing, as a m atter of p rude nce, tha t we, rather than the circuit court, should adopt such standards in the first instance. action, pretrial including scheduling By means of the Rules Enabling Act of 1934, now codified as 28 U.S.C. § 2072, Congress has authorized the Sup reme Co urt to ad opt ru les of civil The Court has promulgated rules that procedure. empower district courts to manage all aspe cts of a and civil planning (Rule 16) and discovery (Rule 26(f . W e are authorized to protect attorneys and litigants from prac tices that may increase their expenses and burdens (Rules 26 (b)(1) and 26(c o r may cause them annoyance, em barrassme nt, or o ppr ession (Rule 26(c , and to impose sanctions upon parties or attorne ys who violate the rules and orders of the court (Rules 16( f) and 37). We likewise have the power by statute to tax costs, expenses, and attorney's fees to attorne ys who unrea sona bly and vexatio usly multiply the proceedings in any case. 28 U .S.C. § 1927.

W e are a lso gra nted th e autho rity to punish, as contempt of court, the misbehavior of court officers. 18 U.S.C. § 401. In addition to the authority granted us by statute or by rule, we possess the inherent power to regula te the ad ministratio n of justic e. See Batson v. Ne al Spelce A ssocia tes, Inc., 805 F.2d 546, 550 (5th Cir.1986) (federal courts possess inherent power to assess attorney's fees an d litigation costs when losing party has acted in bad faith, vexa tiously, wanto nly, or for o ppr essive re ason s); Thomas v. Capital Security Services, Inc., 836 F.2d 866, 875 Copr. © W est 2001 No Claim to Orig. U.S. Govt.

Wo rks “M ” - 8 (5th Cir.1988) (en banc) (district court has inherent power to award attorney's fees when losing party has acted in bad faith in actions that led to the lawsuit or to the conduct of the litigation). the impose noted We find support the Fifth Circuit We co nclu de also that, as a m atter of p rude nce, this court should adopt standards of conduct without awaiting action of the circuit court. for this approach in Tho ma s, where , in the Rule 11 singular con text, perspective of the district court in deciding the fact inquiry whether to intensive or deny sanctions. The co urt noted that trial judges are "in the best position to review the factual circumstances and render an informed judgment as [they are] intimately involved with the case, the litigants, and the attorneys on a daily basis." 836 F.2d at 873. We think the circuit court's rationale for eschewing "second-hand review of the facts" in Rule 11 cases may be applied to our adopting standards of litigation con duc t: " 'the district court will have a better grasp of what is acceptable trial-level practice among litigating mem bers o f the bar than will ap pellate judg es.' ". Id. at 873 (quoting Eastway Construction Corp. v. City of New Y ork, 637 F.Sup p. 55 8, 56 6 (E.D.N.Y.1986 .

B. W e next set out the standards to which we expect litigation counsel to adhere. The Dallas Bar Association recently adopted "Guidelines and Courtesy" P rofessional of a "L aw ye r's Creed" [FN7] that a re both sensible and pertinent to the problems we address here. From them we adopt the following as standa rds of practice [FN8] to be obse rved by attorneys ap pea ring in civ il action s in this district: Pag e: 4 and dignity personal professional attorne y and c lient. (B) A lawyer owes, to the judicia ry, candor, diligenc e and utmo st respe ct.

(C) A lawyer owes, to opposing counsel, a duty of courtesy and cooperation, the observance of which is necessary for the efficient administration of our system of justice and the respect of the p ublic it serve s. (D) A lawyer unquestionably owes, to the administration of justice, the fundamental *288 duties of integrity. (E) Lawyers should treat each other, the opposing party, the court, and members of the court staff with courtesy and civility and conduct themselves in a pro fessiona l manner at all time s. (F) A client has no right to demand that counsel abuse the opposite party or indulge in offensive con duc t. A lawyer shall always treat adverse witnesses and suitors with fairness and due considera tion. (G) In ad versa ry pro ceed ings, clien ts are litigan ts and thoug h ill feeling may exist betwe en clients, such ill feeling sho uld n ot influ en ce a law ye r's con duc t, attitude, or demeanor towards opposing lawyers. (H) A lawyer should not use any form of disc ove ry, or the scheduling of discovery, as a means of harassing op posing co unsel o r cou nsel's client.

(I) Lawyers will be punctual in communications with others and in honoring scheduled appea rances, and will recognize that neglect and tardiness are demeaning to the lawyer and to the judicial system. (J) If a fellow m emb er of the Bar makes a just request for cooperation, or seeks scheduling accommo dation, a lawyer will not arbitrarily or unrea sona bly withho ld consent. (K) E ffective a dvo cacy d oes n ot req uir e antago nistic or obnoxious behavior and members of the B ar will ad here to the higher standard of conduct which j udge s, lawyers, c lients, and the pub lic may rightfully expect. FN7.

W e set o ut in an appendix pertinent por tions of the guidelines and the creed in the form adopted by the Dallas Bar Association. to counsel FN8. W e also commend the American College of Trial Lawyers' Code of Trial Conduct (rev. 1987). Those po rtions of the Code that are applicable to our dec ision tod ay are se t out in the a ppe ndix. (A) In fulfilling his or her primary d uty to the client, a lawyer must b e ever conscious of the broader duty to the jud icial system that serve s both Attorneys who abide faithfully by the standards we adopt should have little difficulty conducting themselves as members of a learned profession whose unswerving duty is to the public they serve and to the system of justice in which they practice. [FN9] Those litigators who persist in viewing themselves solely as combatants, or who perceive that they are retained to win at all costs without regard to fund ame ntal prin ciples o f justice, will find that their conduct does not square with the prac tices we expect of them.

Malfeasant counsel can expect instead that their conduct will prompt an appropriate response from the court, including the Copr. © W est 2001 No Claim to Orig. U.S. Govt. Wo rks “M ” - 9 range of sanctions the Fifth Circuit suggests in the Rule 11 context: "a warm friendly discussion on the reco rd, a ha rd-no sed re prim and in ope n cou rt, compulsory legal education, monetary sanctions, or other measures appropriate to the circumstances." Tho mas, 836 F.2d at 878. [FN10] FN9. W e note that these standards are consistent with both the American Bar Association and State Bar of Texas Codes of Professional Resp onsib ility.

See , e.g., ethical considerations EC 7-10, EC 7-36, EC 7- 37, and EC 7 -38 set out in the appendix. FN10. We draw the parallel to Fed.R.Civ.P. 11 with the caveat that we are not adopting Rule presented here. jurisprudence context the 11 in W e do not, by a dop ting these standa rds, invite satellite litigation o f the kind we now see in the context of Fed.R.Civ.P. 11 motions. To do so would defeat the fundamental premise which motivates our action.

W e do to ensure intend, however, to take the steps necessary that justice is not removed from the reach of litigants either because interpose unnecessary delay or because such actions increase the cost of litigation beyond the litigant's financial grasp. [FN11] improper litigation tactics FN11. We note, by way of example, the Dallas Bar Association guideline that eliminates the necessity for motions, briefs, hearings, orders, and other formalities when "oppo sing coun sel ma kes a re ason able request which do es no t preju dice th e rights of the client." This salutary standard recognizes that every contested mo tion, however simple, costs litigants and the court time and money. Yet our court has experienced an increasing number of instances refuse to agree to an in which atto rneys extension of time in which to answer or to respo nd to a disp ositive m otion , or even to consent to the filing of an amended pleading, notwithstanding that the extension of time or the amended plead ing wou ld delay neither the disposition of a pending matter nor the trial of the case. Similarly, we do not imp ly by prescribing these Pag e: 5 that counsel are excused from conducting standards themselves in any manner o therwise required by law or by court rule.

We think the standards we now adopt are a *289 necessary corollary to existing law, and are appropriately established to signal our strong disapproval of practices that have no place in our system of ju sti ce an d to e mp ha siz e tha t a lawy er 's con duc t, both with respect to the court and to other lawyers, should at all times be characterized by hone sty and fa ir play.

III.

The Dondi Properties motions referred to the mag istrate for determination raise issues concerning plaintiffs' compliance with prior discovery orders of the court and the conduc t of one of plaintiffs' attorneys in contacting a p ossible witness. A. Discovery Issues [2] Although in excess of 20 pleadings and letters from involving counsel have been presented to the court various defend ants' motions for sanctions, the common denominator of all is whether or not plaintiffs have complied with the previous discovery orders of the magistrate. by The case at hand presents complex legal and factual theor ies involving hundreds of thousands of docu ments. The logistica l prob lems p resen ted in discovery are compounded by several factors, among them being that (a) no ne of the Rec eive r ( FS LI C)'s employees were employed Savings and Loan Association, FSA, or its predecessor; (b) prior to the R eceiv er's receip t of do cum ents they were not kept in a complete and orderly manner; (c) that plaintiffs have h ad thre e sets o f attorne ys of rec ord in this case; an d (d ) plaintiffs and their coun sel, past and present, have not taken adequate measures to assure com pliance with the cou rt's prior orders. either Vernon In seeking dismissal of plaintiffs' case, the moving defen dan ts have c atego rized pla intiffs' conduct and that of their co unsel as being in "ba d faith" and " in defiance" of the court's prior orders. Such characterization of a party opp one nt's cond uct sho uld be sparingly employed those by counsel and should be reserved for only in fact there instances demonstrating a party's deliberate and intentional disregard imposed under of an order of the court or of obligations applicable Federal Rules of Civil P roce dure .

Such a llegations, when inappropriately mad e, add much heat b ut little light to the court's task of deciding discovery disputes. is a sound basis in which Copr. © W est 2001 No Claim to Orig. U.S. Govt. Wo rks “M ” - 10 their counsel and Although there are conceded instances of neglect on the part of plaintiffs and instances of lack of communication or miscommunication among counsel for the parties in the present discovery disputes, there is no showing of intentional or willful conduct on the part of plaintiffs or their counsel w hich warrants dismissal under Rule 37(b), Federal Rules of Civil Procedure. However, the disputes which exist amply demonstra te an ina deq uate utilization of Local Rule 5.1(a). [FN12] FN12 .

In part Local Rule 5.1(a) reads as follo ws: "Before filing a motion, counsel for a moving party shall confer with the counsel of all parties affected by the requested relief to determ ine whether or not the co ntemp lated m otion will be o ppo sed." Local Rule 5.1(a) implicitly reco gnizes that in general the rules dealing with discovery in federal cases are to be se lf-execu ting. Th e pur pos e of the conference requirement is to promo te a frank exchange between counsel to resolve issues by agreement or to at least narrow and focus the matters in controversy before judicial resolution is sought. Reg rettab ly over the years, in many instances the conference requ ireme nt seems to have evolved into a pro forma matter. W ith increa sed fre que ncy I observe instances in which d iscovery disputes are resolved by the affected parties after a hearing has been set-- sometimes within minutes before the hearing is to com men ce.

If d isputes can be resolved after motions have been filed, it follows that in all but the most extraord inary circ umsta nces, the y could have been resolved in the course of Rule 5.1(a) conferenc es. a writte n A conference requires the participation of counsel for all affected parties . An atto rney's refusa l to return a call reque sting a Rule 5.1(a) conference will not be Of course, the conference *290 tolerated. satisfied by requirement may be communication as well. The manner in which the conference is held and the length of the conference will be dictated by the complexity of the issues and the sound judgment of attorneys in their capacities as advocates as well as officers of the cou rt, with the obj ective of maximizing the resolution of disputes without court intervention. Pro perly utilize d R ule 5.1(a) prom otes judicial eco nomy wh ile at the sam e litigants' expenses time attorneys' time in briefing issues and in preparing and presenting plea dings. [FN13] reducing incurred for Pag e: 6 FN13.

W hen R ule 5.1 (a) co nferences re sult in agreements, counsel may wish to memorialize such agreements in writing. Because the present controversies may well be resolved, or appreciably narrowed, following further communications among counsel and because the court is not presented with circumstances which warrant dismissal under Rule 37, the movant defendants' motions will be denied at this time. B. Mo tion for Sanctions [3] In their motion filed on May 18, 1988, defendants, Go ldma n, Stoo l, AM F P artners hip Ltd ., et al. (the Stool defendants) seek an order sanctioning the cond uct the of David Hammond, an attorney practicing with firm which is counsel o f record for plaintiffs.

The undisputed facts are that on or about May 9, 1988, plaintiffs' attorney had a te lephone co nversation with Carl Edwards in which the attorney made inquiries about transactions pertinent to the present case, but the attorney did no t identify him self as an attorney rep resenting the plaintiffs. As stated in the opinion issued in Ceramco, Inc. v. Lee Pharm aceuticals, 510 F.2d 268, 271 (2d Cir.1975): "the courts have not only the supervisory power but also the du ty and re spo nsibility to disqu alify counsel for unethical cond uct prejudicial to his adve rsaries." (E mph asis ad ded ). Ho weve r, in the present case movants do not see k to disq ualify plaintiffs' coun sel nor have they shown any prejudice resulting from the communication. Except in those instances in which an attorney's conduct prejudicia lly affects the interests of a party opponent or impairs the administration of justice , adjudicatio n of alleged ethical violatio ns is mo re appropriately left to grievance committees constituted for such purpose.

Deferring to such bodies permits proper resolution of attorneys' conduct while at the same time relieving courts of deciding matters which are unrelated or at most perip heral to the case s befo re them . reflected in the pleadings pertinent to this motion, there are b oth legal issues a nd fac tual conflicts which must be resolved in deciding whether ethical standards were violated. Indeed, following the filing of the motion m ovants have sought to depose the attorney whose conduct is at issue, which has in turn precipitated a mo tion for protective order filed by the plaintiffs. As Copr. © W est 2001 No Claim to Orig. U.S. Govt.

Wo rks “M ” - 11 the attention of Insuring that members of the legal profession com ply with ethical standards should be a matter of concern to all attorneys, and alleged bre ache s shou ld be brought to the grievance committee by an attorney without charge to a client, which is app rop riate on ly when r esolu tion by a court is warra nted. Ceramco, Inc., supra. By the same token, absent a motion to disqualify, which if granted wou ld adversely affect his client's interests, an attorney whose conduct is called into question m ust himse lf bear the cost of defending his actions before a grievance committee. T he refu sal For the foreg oing reason s movan ts' motion for sanctions will be denied, but without preju dice to their counsel's right to present the allegations of misconduct to the gr ievanc e com mittee. to grant sanctions should not be understood as condoning an attorney's failure to identify himself Ha d th e and his client to a pro spec tive witnes s. attorney don e so in the prese nt case , the pre sent issue may not *29 1 have arisen.

An attorney is held to a higher standard of conduct than non-lawyers, and unlike non-lawyers, if rebuffed by a prospective witness, the attorney may use available discovery pro cedures to obta in the informatio n soug ht. It is, therefore, ordered that the defendants' motions relating to discovery are denied, but without prejudice to their righ t to file subsequ ent mo tions, if disputes remain after their counsel and p laintiffs' counsel have engaged in a Rule 5.1(a) conference consistent with this order. It is further ordered that the Stool defendan ts' m otion for sanctions against plaintiffs' attorney is denied, but without prejudice issues raised to the appropriate grievance committee. to presentation of the It is further o rder ed tha t neither the Sto ol defenda nts' counsel nor the plaintiffs' attorne ys will charge their clients for any incurred relating in any manner to the Stool defendants' motion for sanctio ns aga inst plaintiffs' attorn ey. time or expenses IV. [4] In Kn ight, plaintiff moves to strike a rep ly brief that defen dant filed witho ut the court's permissio n. In the alternative, plaintiff seeks leave to file a respo nse to the rep ly brief. A. It is undisputed that defendant did not obtain court permission to reply to plaintiff's response to Pag e: 7 de fend an t's motions for separate trials and to join a party.

Defendant explains in its response to the motion to strike tha t "be cause of the flurry o f activity in this case, it failed to secure permission from the Presiding Judg e to file the r eply." Although defendant clearly vio lated a L oca l Rule o f this cour t, the court concludes that the error did not warrant plaintiff's filing a motion to strike. The e n banc co urt has adopted stand ards o f civil litigation cond uct that ap ply to atto rneys who practice before this court. One standard requires that attorne ys coopera te with on e ano ther in o rder to pro mote "the efficient administration of our system of justice." This and the other standards adopted by the court attemp t to satisfy the goals of reducing litigation costs and e xpe diting the resolu tion of c ivil action s. The attorneys in Knight did no t coo pera te in c onnection with the filing of the reply brief, and there resulted a dispute that has presumably increased co un se l's fees to the ir clients, h as unque stionab ly required of the court an unnecessary expenditure of time, and h as no t materially advanced the resolution of the merits of this case. In Local Rule 5.1 we have established the briefing and decisional regimens for contested motions.

Rules 5.1(a), (c), and (d) prescribe the mo vant's obligations. R ule 5.1(e) dictates the d eadline for filing a respon se and provides when contested motions shall be deemed ready for disposition. A movant may not, as of right, file a reply to a response; instead, Rule 5.1( f) requires the movant to obtain permission to do so im mediately upon receipt of a response. present case, defendant's counsel failed to cooperate with plaintiff's coun sel bec ause h e did not ask him to agree [FN14] to the filing o f a rep ly. Pla in tif f's counsel failed to cooperate when he filed the motion to strike the reply. [FN15] In the FN14.

The court is not to be understo od as holding that the p arties ca n, by a greem ent, bind the pre siding ju dge to gran t perm issio n to file a reply. W here the parties hav e so agreed, however, the court will usually grant such permission. FN15. Plaintiff's motion to strike contains a certificate of conference that states that defendant and plaintiff could not agree regarding the motion to strike.

Defendant disputes in its response that plaintiff and defendant had such a conference, but states that had there b een o ne, de fenda nt wou ld Copr. © W est 2001 No Claim to Orig. U.S. Govt. Wo rks “M ” - 12 have opposed the motion to strike. W hile ou r cou rt has d ecide d that the determination whether to pe rmit a re ply is disc retiona ry with each judge, the prin ciple is w ell-estab lished th at the p arty with the bu rden on a p articula r matter w ill norm ally be permitted to op en and close th e brie fing. e.g., Sup.Ct.R. 3 5(3 ); Fed.R.App.P. 28(c).

It should thus be ra re that a p arty *292 who opposes a motio n will object to the mov ant's filing a reply. See, In the p resen t case, the par ties have presu mab ly incurred the expense of pre paring, and the court has expended time considering, pleadings that go not to a question that will advance the merits of this case but instead to a collateral determination whether the court shou ld cons ider a particu lar plea ding. In isolation, incon sequ ential. such Considered in the pr ope r con text of nu mero us civil actions and frequent disputes, it is apparent that cooperation betwe en op posing counsel is essential to the efficient operation of our justice system. expenditures appear may B. to Turning the merits of the motion to strike, the court concludes that the reply brief should not be stricken and that plaintiff sho uld no t be p ermitted to file a further resp onse . Although defendant did not imme diately seek permission to file a reply, the court has yet to consider the underlying substantive motions; it thu s w ill no t in te rfe re with the c ou rt 's decisional process to consider the reply.

The court declines to permit plaintiff to file a further response because the bu rden on the moti ons is upon the defen dan t, who s hould thus be given the opp ortun ity to op en and close the argument.

SO ORDERED.

APP END IX

Excerpts from the Da llas B ar A ssocia tion Guid elines of Pr ofessiona l Cou rtesy PREAM BLE A lawyer's pr imary d uty is to the c lient. B ut in striving to fulfill that duty, a lawyer must be ever conscious of the broader duty to the judicial system that serves bo th attorney and client. A lawyer o wes, to the judiciary, candor, diligence and utmo st respe ct. A lawyer owes, to opposing counsel, a duty of courtesy and c oop eration, the ob servance o f which is necessary for the efficient administration of our system of justice and the resp ect of the pub lic it Pag e: 8 lawye r unquestiona bly ow es, serve s. A th e administration of justice, the fundamental duties of perso nal dignity and professiona l integrity. to In furtherance of these fundamen tal concepts, the following Guidelines of Professional Courtesy are hereby adopted.

COURTESY, CIVILITY AND PROFESSIONA LISM 1.

Genera l Statem ent (a) Lawyers should treat each other, the opposing party , the co urt and mem bers o f the cou rt staff with courtesy and c ivility and co nduc t themselves in a pro fessiona l mann er at all time s. (b) The client has no right to demand that counsel abuse the opposite party or indulge in offensive con duc t. A lawyer shall always treat adverse witnesses and suitors with fairness and due considera tion. (c) In ad versa ry pro ceed ings, clien ts are litigan ts and thoug h ill feeling may exist between c lients, such ill feeling sho uld n ot influ en ce a law ye r's con duc t, attitude, or demeanor towards op posing lawyers. 2. Discussion (a) A lawyer should not engage in discourtesies or offensive condu ct with oppo sing counsel, whether at hearin gs, dep ositions or at any other time when involved in the representation of clients.

In all contacts with the c ourt an d co urt per sonn el, counsel should treat the court and its staff with courtesy and respect and without regard to whether counsel agrees or d isagrees with rulings of the court in any specific case. Further, counsel shou ld not denigrate the court or opposing counsel in priva te conversa tions with their own client. W e shou ld all remember that the disrespect we bring upon our fellow members of the Bar and the judiciary reflects *293 on us and our profession as well. in fulfilling all (b) Lawyers should be punc tual professional commitments and in communicating with the court and fellow lawyers.

DEPOSITIONS, HEARINGS, AND DISCOVERY MATT ERS 1.

Genera l Statem ent (a) Lawyer s shou ld ma ke rea sona ble effo rts to conduct all disco very by agree ment. (b) A lawyer shou ld not use any fo rm of disco very, or the scheduling of discovery, as a means of Copr. © W est 2001 No Claim to Orig. U.S. Govt. Wo rks “M ” - 13 harassing op posing co unsel o r his client.

(c) Req uests for pro duc tion sho uld not be excessive or designed solely the opposing party, for such c ond uct in dis cove ry only increases the cost, duration, and unpleasantness of any case. to place a burden o n 2. Sche duling Lawye rs shou ld, whe n pra ctical, consult with opposing counsel before scheduling hearings and de posi tions in a go od fa ith attemp t to avoid sche duling conflicts. time the requested 3. Discussion (a) Gen eral Guid elines (1) When scheduling hearings and depositions, lawyers should co mmunicate with the opposing counsel in an attem pt to sc hed ule them at a mutua lly agree able tim e. Th is prac tice will avo id unnecessary delays, e to clients, and stress to lawyers a nd th e ir xpense secretaries in the management of the ca lenda rs and prac tice. (2) If a request is made to clear time for a hearing or depo sition, the lawyer to whom the re quest is made should confirm that the time is available or advise of a conflict within a reasonable time (pre ferab ly the same bus iness day, but in any event befo re the end o f the follow ing bu siness day).

(3) Conflicts should be indicated only when they actua is not available. lly exist and The courtesy requested by this guideline should not be used for the purpose of obta ining de lay or any unfair ad vantage. (b) Exc eptions to G eneral G uidelines (1) A lawyer who has attem pted to co mply w ith this in setting a hearing or deposition rule is if without opposing counsel fails or refuses pro mptly to accept or reject a time offered for hearin g or d epo sition. (2) If opposing coun sel raises a n unre ason able number of calendar conflicts, a lawyer is justified in setting a hearing or deposition without agree ment from o ppo sing counsel. (3) If opposi ng co unsel ha s con sistently failed to com ply with this guideline, a lawyer is justified in setting a hearing o r deposition without agreement from opp osing c ounsel.

(4) When an action involves so many lawyers that compliance with this guideline appears to be impr actical, a lawyer should still make a goo d faith attemp t to com ply with this guideline . (5) In cases involving extraordinary remedies where time associated with sched uling ag reem ents cou ld cause dam age o r harm to a clien t's case , then a lawyer is ju stified in setting a hearing or deposition without agreement from opposing justified agreement opposing counsel from Pag e: 9 counsel. *294 4. Minimum Notice for Depositions and Hea rings (a) De pos itions an d hea rings sho uld no t be set w ith less than one week notice except by agreement of counsel or when a genuine need or emergency exists. (b) If opposing counsel makes a re asonab le request which does n ot prej udice the rights o f the client, with out is compliance herewith and other motions, briefs, formalities and without exact attempting unrelated or unreasonable consideration. hearings, orders appropriate to 5.

Cancelling Depositions, Hearings and Other Discov ery Matters (a) General Statement Notice of cancellation of depositions and he arings sh ould be giv en to thecourt and op posing co unsel at the earliest possible time . (b) Discussion (1) Calling at or just prior to the time o f a scheduled hearing or deposition to advise the court or opposing counsel of lacks cou rtesy and considera tion. (2) Early notice of cancellation of a deposition or a hearing avoids unnecessary travel and expenditure of time by opposing counsel, witnesses, and parties. hearings to the Cou rt allows the time p revio usly reserved to be used for other matters. Also, early notice of cancellation of the cancellation TIME DEADLINES AND EXTENSIONS * * * 1.

G enera l Statem ent Re ason able extensions of time should be granted to opposing counsel where such extension will not have a material, adverse effect on the rights o f the client. 2. Discussion (a) Because we all live in a world o f deadlines, additional time is often required to complete a given ta sk. (b) Traditionally, members of this bar association have read ily granted any rea sona ble re que st for a n extension of time as an acco mm oda tion to opposing counsel who, because of a busy trial schedule, perso nal e mergency or heavy work load, needs additional time response or com ply with a le gal req to prepare a uirement.

(c) This tradition should continue; provided, however, that no lawyer should request an extension of time solely for the purpose of delay or to ob tain any unfair ad vantage. Copr. © W est 2001 No Claim to Orig. U.S. Govt. Wo rks “M ” - 14 to honor (d) Counsel should make every effort prev iously scheduled vaca tions o f opp osin g counsel which dates have been established in good faith.

Dallas Bar Association Lawyer's Creed: * * * 1. I revere the Law, the System, a nd the Profession, and I pled ge that in m y private and pro fessional life, and in my de alings with fellow m emb ers of the Ba r, I will upho ld the d ignity and respect of each in my behavio r toward o thers. 2. In all d ealings with fellow m emb ers of the Ba r, I will be guided by a fund ame ntal sense of integrity and fair play; I know that effective advocacy does not m ean hitting below the belt.

3. I will not abuse the System or the Profession by pursuing or oppo sing discovery throu gh arbitrariness or for the purpo se of ha rassm ent or u ndue delay. 4. I will not see k acc omm oda tion from a fellow member of the Bar for the rescheduling of any Court setting or discove ry *295 unless a legitimate need exists.

I will not misrepre sent co nflicts, nor w ill I ask for accommod ation for the purpose of tactical advantage or und ue de lay. 5. In m y dealin gs with th e Co urt and with fellow counsel, as well as others, my word is my bond. 6.

I will rea dily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party. 7. I reco gniz e that m y cond uct is no t gove rned solely by the Code of Pro fessional Re sponsibility, but also by stand ards o f fundam ental decency and cour tesy. 8.

I will strive to be punctual in communications in honoring scheduled appea rances, with others and and I recognize that neglect and tardiness are demeaning to me and to the Profession. 9. If a fellow memb er of the Ba r makes a just req uest for cooperation, or seeks scheduling accommodation, I will not arbitrarily or unreasonably with hold consent. 10.

I re cog nize tha t effective advocacy does not require antagonistic or ob noxious b ehavior, and as a member of the B ar, I pledge to adhere to the higher standard of conduct which we, our clients, and the pub lic may rightfully expect. Page: 10 The Am erica n C ollege of T rial Law yer s' Code o f Trial Conduct (rev. 1987 ) pro vides, in pertine nt part: PREAM BLE Lawyers who enga ge in trial work have a sp ecific respo nsibility to strive for pro mpt, e fficient, ethica l, fair and just disp osition of litigation.... of fear ju dicial d isfavor , or * * * To his client, a lawyer owes undivided allegiance, the utmo st app lication o f his learning, skill and industry, and the employment of all appropriate legal means within the law to protect and enforce legitimate interests. In the disc harge of this du ty, a lawyer should not be deter red b y any real or fancied pu blic unpo pular ity, nor should he be influence d dire ctly or ind irectly by a ny con sidera tions o f self-interest. To opposing counsel, a lawyer owes the duty of cou rtesy, candor in the pursuit of the truth, coo pera tion in all resp ects no t incon sistent with his client's interests a nd sc rupu lous o bserv ance of all mutua l unde rstandings.

To the office of jud ge, a law yer ow es resp ect, diligence, candor and punctuality, the maintena nce of the dign ity and ind epe nde nce o f the jud iciary, and pro tection against unjust and improper criticism and to render effecti v e su ch attack, and c o n d u c t , has r e c i p r o c a l responsibilities to uph old a nd p rotec t the dign ity and independence of the lawyer who is also an officer o f the cou rt. To the ad ministratio n of justic e, a la wyer owes the maint enance independence. and professional rectitude irrespective of the desires of his client o r other s. Th is Code exp resses only minimum standards and shou ld be co nstrued libera lly in favor of its fundamental purpose, co nsonant with the fiduciary status *296 of the trial law yer, and so that it sha ll govern all situations w hether or no t specifica lly mentioned herein. o f He sh ould abide by these tenets to professional principles conform dignity highest judge, an d the the of * * * 12.

DISCRETION IN COOPERATIN G WITH OPPO SING COUN SEL

The lawyer, a nd no t the client, has the so le discretion to determine the accommodations to be granted oppo sing co unsel in a ll matters n ot dire ctly affectin g the merits of the cause or prejudicing the time, client's continuance s, adjourn ments and admission o f facts. In such matters no client has a right to demand that his coun sel shall be illiberal or that he do anything extensions of such as rights, Copr. © W est 2001 No Claim to Orig. U.S. Govt. Wo rks “M ” - 15 therein repugnant to his own sense of honor and pro priety.

13. RELATIONS W ITH OPP OSING COU NSEL (a) A lawyer should adhere strictly to all express promises to and agreem ents with o ppo sing co unsel, whether oral or in wr iting, and should adhe re in good faith to all agreements implied by the circumstances or by local custom. When he knows the identity of a lawyer representing an opposing party, he should not take advantage of the lawyer by causing any default or dismissal to be entered without first inquiring about the opposing lawyer's intention to p roce ed. (b) A lawyer should avoid disparaging personal remark s or acrimony toward opposing counsel, and shou ld rema in who lly uninfluenc ed b y any ill feeling between the re specti ve clien ts.

He sh ould absta in from a ny allusion personal peculiarities and idiosyncracie s of op posing counsel. to * * * Page: 11 continuance s, waiver of pro ced ural formalities, and similar matters which do not prejudice the rights of his client. He should follow local customs of courtesy or practice, unless he gives timely notice to opposing cou nsel of his intention not to d o so. A lawyer sh ould be punctual in fu lfilling all pro fessiona l com mitme nts. EC 7-39.

In the final analysis, proper functioning of the adversary system depends upon cooperation between lawye rs and tribunals in utilizing procedures which will preserve the impartiality of the tribuna l and m ake the ir dec isional processes prompt and just, without impinging upon the obligation of the law yer to re prese nt his client zealously within the framework of the law.

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Am erican B ar A ssociation and State Bar of Texas ethical Codes con sidera tions: Respo nsibility Pro fessional of EC 7-10. The duty of a lawyer to rep resen t his client with zea l does n ot militate against h is concurrent obliga tion to tre at with co nside ration a ll persons involve d in the le gal pro cess an d to a void the infliction of nee dless harm. EC 7-36. Judicial hearings ought to be conducted through dignified and orderly procedures designed Although a to protect the rights of all parties. lawyer has the duty to represent his client zealo usly, he should not engage in any conduct that offends the dignity and decorum of proceedings.

W hile maintaining his independence, a lawyer should be re spec tful, courte ous, an d ab ove-boa rd in his relations with a judge or hearing officer before whom he appears. He should avoid undue solicitude for the comfort or convenience of judge or jury and should avoid any other conduct calculated to gain special co nside ration. EC 7-37. In adversary proceedings, clients are litigants and though ill feeling may exist between clients, such influence a lawyer in his ill conduct, attitude, and demeanor towards opposing lawyers.

A lawyer should not make unfair o r dero gator y perso nal refer ence Haranguing and offensive tactics by lawye rs interfere with the o rder ly administration of justi ce and have no proper place in our le gal system . EC 7-38. A lawyer should be co urteo us to opposing counsel and should accede to rea sona ble requ ests regarding co urt procee dings, settings, to opposing should not feeling counsel. Copr. © W est 2001 No Claim to Orig.

U.S. Govt. Wo rks “M ” - 16 APPENDIX N IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS DIVISION , , PLAINTIFF(S) V. DEFENDANT(S) § § § § § § § § § CIVIL ACTION NO. JOINT FEDERAL RULE OF CIVIL PROCEDURE 26 REPORT 1. What are the causes of action, defenses, and counterclaims in this case? What are the elements of the cause(s) of action, defenses, and counterclaims pled?

2. Are there any outstanding jurisdictional issues? For removed cases based on diversity jurisdiction: a. Do the parties agree that the amount in controversy exceeded $75,000 at the time of removal? If not, each party should state its position on the amount in controversy. b. If any party is a partnership or limited liability company, have the parties confirmed the citizenship of all partners/members in determining whether diversity exists?

3. Are there any unserved parties? If more than 90 days have passed since the filing of the Complaint or petition, should these unserved parties be dismissed? 4.

Are there any agreements or stipulations that can be made about any facts in this case or any element in the cause(s) of action? 5. Are there any legal issues in this case that can be narrowed by agreement or by motion? 6.

Are there any issues about preservation of discoverable information? 53 7. Are there any issues about disclosure or discovery of electronically stored information? In what forms should electronically-stored information be produced and will production include metadata?

8. What are the subjects on which discovery may be needed? 9. Have initial disclosures been made?

If not, should any changes be made in the timing, form, or requirement for initial disclosures? 10. What, if any, discovery has been completed? What discovery remains to be done and when should it be completed?

Have the parties considered conducting discovery in phases or agreeing to limit discovery? 11. What, if any, discovery disputes exist? 12.

Have the parties discussed the desirability of filing a proposed order pursuant to Federal Rule of Evidence 502? 13. Have the parties discussed early mediation? 14.

Have the parties considered seeking entry of a confidentiality and protective order and are there any other scheduling or discovery items requiring the court’s attention? Counsel for Plaintiff(s) Counsel for Defendant(s) Date Date 54