Requirements for Chief District Judge Sidney A. Fitzwater

Judge Fitzwater generally follows the local civil rules. If the information set out below does not address your particular question, you should determine whether a local rule does so. Judge Fitzwater also advises the parties by order of specific requirements that apply to each case. The following information is intended to acquaint counsel and litigants with the judge’s typical procedures and requirements, not to take the place of orders entered in specific cases.

I. Case Management Procedures

1. Preliminary Pretrial Conference ("Rule 16 Conference")
   
   Unless a Rule 16(a) scheduling conference is set by the court or requested by a party, the judge will enter a scheduling order after reviewing the proposal required by his scheduling proposal order.
   
   
2. Fed. R. Civ. P. 26(f) Conference
   
   The parties must comply with Rule 26(f), including its face-to-face meeting requirement. Local civil rule 16.1 exempts certain categories of cases from the requirements of Fed. R. Civ. P. 16(b) and, in turn, Rule 26(f). The judge does not follow local civil rule 16.1(f), and therefore requires that parties to cases involving pro se plaintiffs comply with the scheduling and planning requirements of Fed. R. Civ. P. 16(b). But the judge does not require a face-to-face meeting if one or more parties (plaintiffs or defendants) are proceeding pro se. In that instance, the Rule 26(f) conference may be conducted telephonically, by mail, or in another form of communication that will accomplish the conference requirement.
   
   If, at the time the judge enters his scheduling proposal order, the parties have already conducted a Rule 26(f) scheduling conference that fully complies with the one required by the order, they need not convene an additional conference. If the parties have already submitted a Rule 26(f) written report that outlines their proposed discovery plan, they must also submit the joint proposal required by the scheduling proposal order, because it contains matters not required by Rule 26(f). The parties may, however, adopt portions of their written report by reference if they attach a photocopy of the report to the proposal required by the order.
   
   
3. Status Report/Scheduling Order
   
   A scheduling proposal order is issued as soon as possible after all or most defendants have filed responsive pleadings or after a case is removed.

   In response to the order, lead counsel for each party (or a designee attorney with appropriate authority) must (unless exempted by rule or by order) meet face-to-face at a mutually agreeable location, and within the time required by Rule 26(f), and confer regarding the matters specified in Rule 26(f) and by the order. Counsel must file a proposal that contains the following matters:

If counsel cannot agree on a particular proposal, they must set forth each party's respective recommendation and must state why agreement could not be reached. The proposal should not be prepared in the form of a proposed order. The judge enters his own order.

Counsel must also include in the proposal a status report that sets out the progress made toward settlement and the present status of settlement negotiations. It is unacceptable to include a rote recitation that settlement was discussed but was unsuccessful. The parties must also advise the court regarding the advisability of referring the case for alternative dispute resolution, or of conducting a court-supervised settlement conference, at an early stage of the litigation.

4. Referrals to Magistrate Judges
   
   The parties must advise the judge of their respective positions concerning referring the case to a magistrate judge for jury or nonjury trial by consent, pursuant to 28 U.S.C. ß 636(c).
   
   
5. Settlement Discussion
   
   As part of the Rule 26(f) conference, lead counsel for each party (or a designee attorney with appropriate authority) must (unless exempted by rule or by order) meet face-to-face at a mutually agreeable location. One of the topics they must address is the prospects for settling the case. They must include in their scheduling proposal—under a separate heading—a status report that sets out the progress made toward settlement and the present status of settlement negotiations. In a nonjury case, the parties must not disclose settlement figures. It is unacceptable to include a rote recitation that settlement was discussed but was unsuccessful.
   
   
6. Pretrial Order
   

   Local civil rule 16.4 provides that unless otherwise directed by the presiding judge, a pretrial order must be submitted at least 10 days before the scheduled date for trial. The judge modifies this requirement in his trial docket setting order to require that the proposed order be submitted no later than 14 days before the date of the trial setting.

   Parties who wish to submit the proposed pretrial order in paper form must submit the original and one copy of the document (styled as the “Pretrial Order”) directly to the judge’s chambers. Parties who wish to submit the proposed pretrial order electronically must submit it to Fitzwater Orders in a format that complies with the ECF Administrative Procedures Manual. The judge does not typically enter the pretrial order until the pretrial conference or the commencement of trial. The judge will direct the clerk to file it after he signs it. The parties must jointly submit one proposed pretrial order, signed by at least one counsel of record for each party, or personally by any party proceeding pro se. If a party objects to a part of the proposed pretrial order that an opposing party has included, the objecting party may note its objection in the proposed pretrial order, but must otherwise participate in the submission of a single, joint proposed pretrial order.

7. Final Pretrial Conference

   A pretrial conference will usually be conducted, telephonically or in person, no later than the week that precedes the date that trial is expected to begin. All civil cases are tried under the restrictions of time limits. If the judge anticipates imposing time limits that significantly reduce the parties' estimated trial length, the court will conduct a pretrial conference sufficiently in advance of trial so that counsel will have reasonable notice of such limits.

8. Judge's Copies of Electronically Filed Documents

   Chief Judge Fitzwater has adopted the Standing Order Designating Case for Enrollment in the Electronic Case Files “ECF” System. He requires a judge's copy of each document electronically filed. Current Standing Order

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II. Motion Practice

1. Requirements for Specific Motions
   1. Summary Judgment
      
      See Rule 56 and the applicable local civil rules. The time for filing summary judgment motions is set by the pretrial scheduling order rather than by local civil rule.
      
      
   2. Continuance
      
      See local civil rule 40.1.
      
      
   3. In Limine
      
      The judge's trial docket setting order provides that motions in limine must not be filed as a matter of course. If filed, counsel must file and serve them on the opposing parties at least 14 days before the date of the trial setting. Responses must be filed and served at least 7 days before the date of the trial setting. Replies to responses will not be permitted. Motions in limine must be limited to matters that meet the following requirements: (1) the matter cannot adequately be raised by trial objection without prejudice to the moving party and (2) the prejudice of mentioning the matter in the presence of the jury cannot be cured by an instruction from the court. Motions in limine must include neither "standard" requests not tailored to a case-specific matter, nor issues presented in order to obtain substantive rulings that should have been requested in advance of trial by appropriate motion.
      
      
   4. Other
      
      The judge's scheduling order and trial docket setting order provide deadlines for filing motions. If the judge imposes other requirements on a specific motion, he will advise the parties by order.

 

2. Hearing

   The judge follows local civil rule 7.1(g), which provides that unless otherwise directed by the presiding judge, oral argument on a motion will not be held.

III. Discovery

1. Fed. R. Civ. P. 26(a)
   
   26(a)(2): Parties must comply with 26(a)(2) by the dates specified in the judge's scheduling order.

2. Filing Discovery Material

   See local civil rule 5.2.

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IV. Trial Procedures

1. Marking and Exchanging Exhibits
   
   All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked with gummed labels or tags that identify them by the exhibit number under which they will be offered at trial, and must be exchanged with opposing parties at least 14 days before the date of the trial setting. When practicable, a copy of such exhibits must be furnished to court. Unless the court advises the parties otherwise, however, they must not deliver trial exhibits, or the court's copies of such exhibits, to the court or to the court reporter before the date the trial actually commences.
   
   The court construes local civil rule 26.2(a) and (b) to require the exchanging and listing of any exhibit (except impeachment documents) that a party intends to offer in evidence or to use in the presence of the court or jury as a demonstrative aid, regardless whether the party intends to move its admission in evidence. The judge construes narrowly the impeachment exceptions of Rule 26(a)(3) and local civil rule 26.2(a) and (b).
   
   
2. Voir Dire
   
   The parties must submit proposed voir dire questions, if any, at least 14 days before the date of the trial setting. The judge will conduct the principal voir dire. Unless counsel are otherwise notified, the judge will permit one attorney per side to ask follow-up questions (a time limit of ten minutes is usually imposed). The judge does not permit jury questionnaires or surveys.
   
   
3. Proposed Jury Instructions/Findings of Fact and Conclusions of Law
   
   A party must submit requested instructions and questions in jury cases and comply with local civil rule 52.1 (proposed findings and conclusions in nonjury cases) no later than 14 days before the date of the trial setting.
   
   A party may, in addition to the printed copy of its requested instructions and questions, submit a WordPerfect or compatible version electronically. Contact the secretary, Debbie Eubank, telephone number (214) 753-2333, for instructions.
   
   
4. Courtroom Decorum
   
   See local civil rule 83.4.
   
   
5. Electronic Equipment in the Courtroom
   
   The judge permits the use of electronic equipment when necessary for the presentation of evidence. Parties with questions concerning the use of electronic equipment should contact the secretary, Debbie Eubank, telephone number (214) 753-2333, or write a letter to the judge.
   
   
6. Other
   
   Section VII of the court's Civil Justice Expense and Delay Reduction Plan, Misc. Order No. 46, permits the presiding judge to "limit the length of trial, the number of witnesses each party may present for its case, the number of exhibits each party may have admitted into evidence, and the amount of time each party may have to examine witnesses." The judge imposes time limits on the presentation of evidence, and may set other limits permitted by the Plan. Unless leave of court is obtained, the judge also limits the examination of each witness to direct examination, cross-examination, one redirect examination, and one recross-examination. The judge also follows the scope of cross-examination rule of Fed. R. Evid. 611(b).

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V. Miscellaneous Procedures

1. Judge's Copies of Paper Pleadings

   Judge's copies of pleadings filed in paper form—i.e., copies in addition to the original and one copy required by rule—are generally unnecessary. If, however, a motion (other than for a temporary restraining order) seeks emergency relief, it does assist the court if a judge's copy is delivered to the judge’s chambers. The term “judge's copies” is also now used to refer to paper copies of documents filed electronically. Judge Fitzwater does require judge's copies of electronically-filed documents.

2. Telephone Call to Chambers
   
   1. Procedural Information

      The judicial secretary, Debbie Eubank, is the person with primary responsibility for communicating by telephone with attorneys and litigants. Her telephone number is (214) 753-2333. Other case information can be obtained from the clerk’s office by calling (214) 753-2200 and following the prompts to reach the designated docket clerk. Do not contact the judge’s law clerks. The judge does not permit his law clerks to take telephone calls from attorneys or litigants.
      
      Many of the questions that the judge's staff receives from lawyers and litigants are answered by the federal rules of civil procedure, the local civil rules, or the judge's scheduling proposal, scheduling, and trial docket setting orders. It is the judge's desire that callers receive prompt, courteous, and accurate responses to their questions. To continue this level of service, it is necessary that callers avoid contacting the staff to ask questions that are answered by the rules and the court's orders.

   2. Scheduling Information
      
      This information may be requested from the secretary, Debbie Eubank, telephone number (214) 753-2333, if it is not already provided by order or other appropriate notice.

   3. Status of Motion/Proposed Order
      
      This information may be requested from the secretary, Debbie Eubank, telephone number (214) 753-2333, or from the clerk’s office by calling (214) 753-2200 and following the prompts to reach the designated docket clerk.

   4. Other
      
      This information may be requested from the secretary, Debbie Eubank, telephone number (214) 753-2333, or from the clerk’s office by calling (214) 753-2200 and following the prompts to reach the designated docket clerk.
      
      

3. Faxed Document
   
   Faxed documents are not accepted except in rare instances that present emergencies that prevent filing by other expedited means, such as electronically or by courier. In those instances where facsimile filing is permitted, the judge’s staff will provide counsel with appropriate instructions.
   
   
4. Electronic Case Filing Effective September 1, 2006
   

   Effective September 1, 2006, an attorney (other than a party proceeding pro se) may file electronically any pleading, motion, or other paper, subject to the restrictions and requirements of the Northern District of Texas ECF Administrative Procedures Manual. Electronic case filing is not mandatory for cases assigned to Judge Fitzwater.

5. Other
   
   The judge administers the oath to attorneys who seek admission to the bar of the Northern District of Texas, or to attorneys who have been admitted to another bar subject to taking that bar's oath, at his weekly 9:00 a.m. Friday criminal docket. Although no advance appointment is necessary, it is advisable to call ahead to ensure that a docket will be held as scheduled. Counsel must be present in the courtroom, and present their paperwork to the courtroom clerk, no later than 9:00 a.m. because the judge begins his docket with attorney admissions and does not conduct them after the criminal docket has commenced. The judge does not conduct attorney admissions at other dates and times.
   
   Attorneys who are taking the oath of admission to the Northern District of Texas must be introduced and sponsored by a member of this court's bar who is currently in good standing. Attorneys who have been admitted to another bar subject to taking that bar's oath (e.g., another federal district court or the State Bar of Texas) need not be accompanied by a sponsor.

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VI. Law Clerk/Intern Positions

1. Job Requirements
   
   Law clerks must meet all United States government requirements for employment as a law clerk to a United States District Judge. Unpaid internships are available during the summer months, and offers are extended on an ad hoc basis.
   
   
2. Application Procedures
   
   Persons interested in applying for law clerkships should search for the judge on the Federal Law Clerk Information System—found at https://lawclerks.ao.uscourts.gov—and follow the application requirements set out there. All law clerk applications are submitted electronically, using OSCAR.
   

   Persons interested in applying for unpaid internships should write a letter to the judge, enclosing a resume, stating the dates when the person is available to work.

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