Judges - District Judge John H. McBryde

 
Requirements for District Judge John H. McBryde
(Updated January 1, 2012)

 

I. Case Management Procedures in Civil Actions

  1. Judge McBryde has special instructions concerning proof of service of process that should be taken into account from the very beginning of the action. Those instructions are found in the Status Report Order that is mentioned in B. below.

  2. Status Report Order

    After all defendants have answered or otherwise appeared, Judge McBryde issues a status report order, which requires the parties to meet face-to-face to discuss settlement of the action and their counsel to meet to help fix a schedule for trial of the case. To view an example of the Status Report Order, please click on the link below.

ORDER (click to view an example)

As required, the order is modified to accommodate the needs of specific cases.

  1. Fed R. Civ. P. 26(f) Conference. See A. above.

  2. Scheduling Order. Based on the information provided by the attorneys in their status report, Judge McBryde fixes a schedule for trial of the action, including deadlines for adding parties, amending pleadings, and completing discovery. Ordinarily, cases are set close to the date requested by the parties. To view an example of the Order Setting Schedule and Providing Special Pretrial Instructions, please click on the link below.
ORDER SETTING SCHEDULE AND PROVIDING SPECIAL PRETRIAL INSTRUCTIONS
(click to view an example)

As required, the order is modified to accommodate the requirements of specific cases. To view an example of the Special Pretrial Instructions, please click on the link below.

SPECIAL PRETRIAL INSTRUCTIONS (click to view an example)

  1. Referrals to Magistrate Judges. Even if the parties agree that the case should be referred to a magistrate judge, Judge McBryde reserves the right to determine whether such a referral will be made.

  2. Settlement Discussion.See text of standard status report and scheduling orders, as set forth in paragraphs I.A. and I.C.

  3. Pretrial Order.

    1. See text of standard pretrial instructions that accompany the text of the standard scheduling order, as set forth in paragraph I.C. All of the matters required to be in the pretrial order shall be contained within the body of the pretrial order and none shall be attached thereto as exhibits or attachments. All of the contested issues shall be agreed upon and there will not be separate lists of contested issues submitted by each party.

    2. Lead counsel for each party and each pro se party shall be present at the pretrial conference and shall have access, by telephone or otherwise, to the individual(s) he or she represents or to a person authorized to make decisions regarding the matter before Judge McBryde on behalf of any corporate or other entity a party to the action.

    3. Each attorney and each pro se party should retain a copy of the Pretrial Order submitted to Judge McBryde. The Clerk will not provide copies of the signed Pretrial Order.

  4. Final Pretrial Conference. Pretrial conferences are scheduled approximately four to six weeks prior to trial.

II. Motion Practice in Civil Actions.

  1. Requirements for Specific Motions.

    1. Summary Judgment. See standard status report order and scheduling order, which are set forth above in paragraphs I.A and I.C., respectively. See Fed. R. Civ. P. 56 and applicable Local Civil Rules.

    2. Continuance. See Local Civil Rule 40.1.

    3. In Limine. Although no deadline is set, motions in limine are usually filed the week before trial.

    4. Other. Judge McBryde's order setting schedule and providing special pretrial instructions contains deadlines for the filing of motions.

  2. Hearing. See Local Civil Rule 7.1(g).

III. Discovery.

  1. Fed. R. Civ. P. 26(a). Counsel for all parties and all pro se parties are instructed to cooperate fully in the discovery process and to make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated by this court. Throughout the discovery process, counsel must observe the standards of litigation conduct for attorneys appearing in civil actions in the Northern District of Texas, adopted by the judges of this District, sitting en banc, in Dondi Properties Corp. v. Commerce Savings and Loan Ass'n, 121 F.R.D. 284 (N.D. Tex. 1988). Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs. See Thomas v. Capital Sec. Serv., Inc., 836 F.2d 866 (5th Cir. 1988) (en banc).

  2. Filing Discovery Material. See Local Civil Rule 5.2.
  1. Marking and Exchanging Exhibits. The parties shall not file depositions or exhibits prior to trial, but shall have the originals and one copy thereof available immediately prior to trial. Each exhibit that will be offered at trial shall bear the case number of the action in addition to the exhibit number and identity of offering party.

  2. Voir Dire. The parties may submit proposed voir dire questions. The judge will conduct the principal voir dire. Ordinarily, each side will be allowed five minutes to ask additional questions. The judge does not permit jury questionnaires or surveys.

  3. Proposed Jury Instructions/Findings of Fact and Conclusions of Law. See standard scheduling order, as set forth in paragraph I.C.

  4. Courtroom Decorum. See Local Civil Rule 83.4.  No food, drink, chewing gum or tobacco products are allowed in the courtroom.  Water is provided at counsel tables.

  5. Electronic Equipment in the Courtroom. Electronic equipment may be allowed in the courtroom as long as it is not disruptive. Any questions should be directed to the court coordinator or to the law clerk assigned to the case.

  6. Other. Cases not reached will be carried day to day until tried.

V. Miscellaneous Procedures in Civil Actions.

  1. Courtesy Copy of Pleading.

    The court's copies of documents are routinely delivered to Chambers throughout the day. Accordingly, courtesy copies need not be delivered.

  2. Telephone Call to Chambers.

    1. Procedural Information. Attorneys may contact the law clerks: Marjorie Panter (odd-numbered cases) (817)850-6653; (even-numbered cases) (817) 850-6652.

    2. Scheduling Information. Contact Fleather Arnold (817) 850-6659.

    3. Status of Motion/Proposed Order. Contact the appropriate docket clerk. For cases ending in:
      1-2, call (817) 850-6612
      3-4, call (817) 850-6617
      5, call (817) 850-6610
      6, call (817) 850-6615
      7, call (817) 850-6609
      8, call (817) 850-6635
      9-0, call (817) 850-6631

  3. Faxed Documents. Documents sent by fax are not accepted for filing.

VI. Vacation Letters.

Vacation Letters. Judge McBryde does not accept or recognize vacation letters. If an attorney
needs relief from a setting, the attorney must file an appropriate motion.

VII. Law Clerk Positions.

Law clerk applications from third year law students are accepted each September and interviews are ordinarily conducted in October. Judge McBryde does not hire interns. Law clerk applicants should send a resume, grade report, writing sample, and two letters of recommendation to:

The Honorable John McBryde
501 W. 10th Street, Room 401
Fort Worth, Texas 76102

Contact Marjorie Panter, (817) 850-6653, for further information.

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