Judges - District Judge Terry R. Means

 

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Requirements for District Judge Terry R. Means

I. Case Management Procedures

  1. Status Report/Scheduling Order

    An Order to Submit a Joint Status Report (OSJSR) is issued as soon as possible after all or most defendants have filed responsive pleadings. The OSJSR sets out a number of requirements and requires that important case-specific information be included in the parties’ Joint Status Report. The Initial Scheduling Order is based on the parties’ responses in their Joint Status Report.
  2. Preliminary Pretrial Conference ("Rule 16 Conference")

    Typically, unless a FRCP 16(a) scheduling conference is requested by a party, the judge will merely enter an Initial Scheduling Order after reviewing the Joint Status Report filed by the parties, and will not convene a conference before the Court.

  3. Fed. R. Civ. P. 26(f) Conference

    The parties must comply with FRCP 26(f) if, at the time the judge enters his OSJSR, the parties have already conducted a FRCP 26(f) scheduling conference that fully complies with the one required by the OSJSR, 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 by the time the OSJSR issues, they must nevertheless submit the Joint Status Report required by the OSJSR, because the OSJSR requests additional information not required by FRCP 26(f). The parties may, however, adopt portions of their written report by reference in the Joint Status Report if they attach a photocopy of the written report to their Joint Status Report.

  4. Referrals to Magistrate Judges

     Without identifying who will or will not consent, the parties must inform the judge in their Joint Status Report whether they will consent to referral of the case to a magistrate judge pursuant to 28 U.S.C. § 636(c). If all parties consent, the case will be referred to the magistrate judge for all purposes. Additionally, most discovery motions are referred to the magistrate judge.

  5. Settlement Discussions

    In the Court’s Initial Scheduling Order, parties are ordered to hold a face-to-face settlement conference. If a settlement is reached, the Court should be notified immediately. The Court will then enter an order setting a deadline for the filing of an agreed order of dismissal due to settlement.

  6. Pretrial Order

    After discovery is closed and all dispositive motions have been filed, the Court’s law clerk conducts a trial-setting conference with counsel. The pretrial order contemplated by FRCP 16(e) and LR 16.4 will be ordered to be submitted a few days before the trial-setting conference in Word or WordPerfect format via email to: Means_orders@txnd.uscourts.gov. The parties must submit the original of the proposed pretrial order directly to the judge’s chambers. The judge will sign and file the pretrial order upon the conclusion of the trial-setting conference.

  7. Final Pretrial Conference

    A final pretrial conference is held the morning the trial commences in most civil cases.

II. Motion Practice

  1. Requirements for Specific Motions

    1. Summary Judgment

      The time for filing summary judgment motions is set by the Initial Scheduling Order, which is issued after the parties file their Joint Status Report.

      1. Content of Motions. Regarding summary-judgment motions, the parties shall proceed as though local civil rules 56.3(b) and 56.4(b) contain the word "must" instead of the word "may" in their first lines. That is, all matters required by local civil rules 56.3(a) and 56.4(a) must be set forth in the party's brief;
      2. Identifying Live Pleadings. The party moving for summary judgment must identify, in a separate section at the beginning of his brief, by name of pleading, date filed, and document number on the Court's docket, the live pleadings for each party who has appeared in the action. Any party filing a response to the motion shall indicate whether he agrees with the movant's identification of the live pleadings and, if not, why not; and
      3. Highlighting Evidence in Appendices. Pursuant to local civil rules 7.1(i) and 56.6, all documentary and non-documentary evidence submitted in support of or opposition to a motion must be included in an appendix. Regarding the documentary evidence submitted in an appendix, this Court requires that the proponent of the appendix highlight the portion of each page of the appendix upon which he relies to support his position, if the appendix is electronically filed. Conversely, if the appendix is manually filed, the portion of each page of the appendix upon which the proponent relies may be highlighted, underlined, or, for large passages, bracketed in the margins.

    2. Continuance

      See LR 40.1; absent exceptional circumstances, continuances in civil cases are not granted since the trial month is agreed to by counsel for the parties and the Court at the trial-setting conference.

    3. In Limine

      Motions in limine are due approximately one month before trial; the deadline for filing them will be set out in the Final Scheduling Order, which will be issued soon after the trial-setting conference.

  2. Hearings

    Hearings on motions are set by the Court only when the Court determines that a hearing is necessary. Parties must submit in the motion, the response, and the reply all information necessary for a ruling.

  3. Judge's Paper Copies

    A paper copy of all documents filed electronically must be mailed to Judge Means within three days of the electronic filing. Failure to do so may result in the document being unfiled. The paper copy must have the notice of electronic filing stapled to the front of the document it pertains to.

III. Discovery

  1. Fed. R. Civ. P. 26(a)

    Parties are required to comply with the initial disclosure requirements of FRCP 26(a)(1)(A) unless they stipulate that they will not be made. If the parties stipulate that FRCP 26(a)(1)(A) initial disclosures will not be made, that stipulation will be honored by the Court.

  2. Filing Discovery Material

     See LR 5.2.

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IV. Trial Procedures

  1. Marking and Exchanging Exhibits

    Exhibits are marked and exchanged approximately one week before the trial month begins; that deadline and the required procedures are set out in the Final Scheduling Order.

    The Court construes LR 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 of whether the party intends to move its admission into evidence. The judge construes narrowly the impeachment exceptions of FRCP 26(a)(3) and LR 26.2(a) and (b).

  2. Voir Dire

    The judge conducts voir dire, but usually gives each side 10 to 15 minutes to ask the venire additional questions.

  3. Proposed Jury Instructions/Findings of Fact and Conclusions of Law

    Deadlines and other requirements are established in the Final Scheduling Order.

  4. Courtroom Decorum

    These requirements are not all-inclusive, but are intended to emphasize and supplement the ethical obligations of counsel under the Code of Professional Responsibility, the Local Rules of the Northern District of Texas (LR 83.4 and 83.16-83.18; LCrR 53.1-53.3, 57.4), and the time-honored customs of experienced trial counsel. When appearing in this Court, all counsel (including, where applicable, all persons at counsel table) must abide by the following, unless excused by the presiding judge:
    1. Stand as Court is opened, recessed, or adjourned.
    2. Stand when the jury enters or retires from the courtroom.
    3. Stand when addressing, or being addressed by, the Court.
    4. Stand at the lectern while examining any witness, except that counsel may approach the clerk’s desk or the witness for purposes of handling or tendering exhibits.
    5. Stand at the lectern while making opening statements or closing arguments.
    6. While examining a witness, look at the witness, not at the jury. Do not gesture to or make facial expressions toward the jury during your or any other party’s examination.
    7. Address all remarks to the Court, not to opposing counsel.
    8. Avoid disparaging personal remarks or acrimony toward opposing counsel and remain wholly detached from any ill-feeling between the litigants or witnesses.
    9. Refer to all persons, including witnesses, other counsel, and the parties by their surnames and not by their first or given names.
    10. Only one attorney for each party may examine or cross-examine each witness. The attorney stating objections, if any, during direct examination will be the attorney recognized for cross-examination.
    11. Any counsel who calls a witness shall have no further discussions with that witness concerning any aspect of the case or his testimony after the witness has been tendered for cross-examination until such time as the witness has been tendered back for re-direct examination.
    12. Counsel should request permission before approaching the bench.
    13. Any paper or exhibit not previously marked for identification must be marked before it is tendered to a witness for examination, and any exhibit offered in evidence must be handed to opposing counsel when offered.
    14. In making objections counsel must state only the legal grounds for the objection and must withhold further comment or argument unless elaboration is requested by the Court.
    15. When examining a witness, counsel shall not repeat the answer given by the witness.
    16. Offers of, or requests for, a stipulation must be made privately, not within the hearing of the jury.
    17. In opening statements and in arguments to the jury, counsel shall not express personal knowledge or opinion concerning any matter in issue (i.e. don’t say “I think” or “I believe, “ etc.). And, shall not read or purport to read from deposition or trial transcripts.
    18. Counsel must admonish all persons at counsel table that gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely prohibited.
    19. No one, including especially attorneys, parties, and witnesses, may bring food or drink (except bottled water) into the courtroom, nor may they chew gum.



  5. Electronic Courtroom

    Judge Means’s courtroom is now an “electronic courtroom.” Attorneys may now exhibit paper documents and play videotapes on video screens that are mounted on the podium, in the jury box, on each counsel table, at the witness stand, and on the bench. The witness and the attorney at the podium have touch-screen illustration ability (a la John Madden). Also, exhibits memorized onto attorneys’ laptops may be similarly displayed by connecting to the court’s system. Attorneys should contact Edmund Dieth at 817-850-6613, well in advance of their trial/hearing date to obtain training for themselves and their employees regarding the use of the equipment. If any additional equipment, such as laptop computers, is needed, the judicial assistant, Brenda Eberle, telephone number 817-850-6670, or the courtroom deputy, Charlotte White, telephone number 817-850-6673, must be notified prior to trial to make arrangements with court security. Transcription and recording devices, except those employed by the Court's official reporter, are not permitted.

  6. Other

    Section VII of the Court’s Civil Justice Expense and Delay Reduction Plan (“the 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, and redirect examination. The judge also follows the scope-of-cross-examination requirement of FRCP 611(b).

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V. Miscellaneous Procedures

  1. Electronic Filing

    1. Effective September 1, 2008, all cases on Judge Means’s docket (civil and criminal) are automatically assigned to the electronic case filing (ECF) system pursuant to the local rules. A party may be exempted from ECF upon the filing of a motion showing good cause.

    2. Judge Means requires a paper copy of all documents filed electronically to be delivered to chambers within three days of the electronic filing. Staple the Notice of Electronic filing to the front of the Judge’s copy.

    3. Electronic filing is not permitted for the following parties/documents:

      1. When electronically submitting proposed orders in criminal cases in accordance with instructions found at the proposed-order event in the ECF filing system, please: (1) identify in the subject line whether an order for continuance relates to trial, sentencing, or other hearing; and (2) always include defendant’s identification number, which is found at the end of the case number in parentheses.

      2. the state-court record in cases involving the pursuit of habeas relief under 28 U.S.C.§ 2254; and

      3. the administrative record in cases seeking judicial review of a decision of the Commissioner of Social Security under 42 U.S.C. § 405(g).

    4. All motions require a proposed order that must be emailed to Means_orders@txnd.uscourts.gov and must be in Word or WordPerfect format.

    5. When electronically submitting proposed order in criminal cases in accordance with instructions found at the proposed-order event in the ECF filing system, please:

      1. identify in the subject line whether an order for continuance relates to trial, sentencing, or other hearing; and

      2. always including the defendant's identification number, which is found at the end of the case number in parentheses (single-defendant cases should use the number 1).

  2. Telephone Calls to Chambers

    All civil case inquiry phone calls are referred to the judicial assistant, Brenda Eberle, at 817-850-6670.

    All criminal case inquiry phone calls are referred to the courtroom deputy, Charlotte White at 817-850-6673.

    Telephone calls directly to the Court’s law clerks are not permitted. 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 orders. It is the judge’s desire that callers receive prompt, courteous, and accurate responses to their questions. To achieve 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.

  3. Faxed Document

    The Court does not accept faxed documents for filing or as judge’s copies. The judge’s copy of any document filed must be mailed within three days of the electronic filing of the document in accordance with section V(A)2, above.
  4. Attorney Admissions

    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, generally at his weekly 9:30 a.m. Monday criminal docket. An advance appointment may be obtained by calling the judicial assistant, Brenda Eberle, at 817-850-6670. Because the judge begins his docket with attorney admissions and does not conduct them after the criminal docket has commenced, counsel must present the counsel’s papers to Ms. Eberle in chambers no later than 9:15 a.m. The judge seldom conducts 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.

  5. Vacation Letters

    Vacation letters are not recognized by this Court. Counsel is responsible for having someone monitor orders for settings which may conflict with their vacation schedules and to file an appropriate motion for extension or continuance on their behalf.

VI. Law Clerk/Extern Positions

  1. Job Requirements

    Top 10% of class; law-review experience preferred.

  2. Application Procedures

    The applicant must furnish a resume, undergraduate and law school transcripts, writing sample and three letters of recommendation, one of which must be from someone other than a professor.

  3. Application Procedures

    Judge Means has one two-year rotating clerkship that becomes available in September of even-numbered years (i.e., 2010, 2012, etc.). Applications are accepted only through OSCAR in accordance with the nation-wide law clerk hiring rules posted on OSCAR, commencing in September of the odd-numbered year preceding the availability of the position (e.g., September 2009 for the 2010-2012 term). Interviews are also conducted in accordance with the law clerk hiring rules.

 

 

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