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. Pro se litigants, except pro se prisoners, must participate in all scheduling requirements under Fed. R. Civ. P. 16, contrary to Local Civil Rule 16.1. See N.D. Tex. L. Civ. R. 83.1.
   
   
   
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 copy 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 dismissing 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. The pretrial order should be submitted electronically, but the original should be brought to the trial-setting conference. 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 day before 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. 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. 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. Appendices
   
   All documentary and non-documentary evidence submitted in support of or opposition to a motion must be included in an appendix. See L.R. 7.1(i), 56.6. This court requires that the proponent of the appendix underline, or for large passages, bracket in the margins, the portion of each page of the appendix upon which he relies to support his position.
   
   
3. Hearings
   
   Hearings on motions are rare and 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.

III. Discovery

1. Fed. R. Civ. P. 26(a) - Parties are required to comply with FRCP 26(a)(1) only if they so stipulate.
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
   
   1. The requirements stated herein 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 83.16-83.18, LCrR 53.1-53.3), and the time-honored customs of experienced trial counsel.
   2. When appearing in this Court, all counsel (including, where applicable, all persons at counsel table) shall 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. 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 may 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 may not express personal knowledge or opinion concerning any matter in issue (i.e., don’t say “I think” or “I believe,” etc.) and, may 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 into the courtroom, nor may they chew gum.

5. Electronic Equipment in the Courtroom
   
   Judge Means has an electronic courtroom that includes a number of pieces of helpful electronic equipment. Amanda Miller, trainer for the electronic equipment, telephone number (214) 753-2231 must be notified prior to any hearing or trial to arrange for training and use of the electronic equipment. If a litigant wants to use any additional equipment of his own, such as laptops, the court coordinator, Judy Smalling, 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." In addition Rule 16(c)(15) of the Federal Rules of Civil Procedure permits the court to establish reasonable time limits on the time allowed for presenting evidence. 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
   
   The Court assigns all civil and criminal cases on its docket to the Electronic Case Filing ("ECF") system soon after the case is filed. Procedures governing electronic filing may be found in this Court's order assigning each case to ECF and on this website (from the home page, click on "Filing Info" and then "ECF info"). Electronic filing is not permitted for the following parties/documents:
   
   1. Prisoners filing pro se;
   2. the state-court record in cases involving the pursuit of habeas relief under 28 U.S.C. § 2254;
   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); and
   4. sealed documents

   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. Telephone Calls to Chambers
   
   All case-inquiry phone calls are referred to the court coordinator, Judy Smalling, 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.
   
   
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, at his weekly 9:30 a.m. Monday criminal docket. An advance appointment may be obtained by calling the judge's secretary, Brenda Eberle, at (817) 850-6670. Counsel must present the counsel's papers to Ms. Eberle in chambers no later than 9:15 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.
   
   
5. Judge Means does not accept or recognize vacation letters. If you need relief from a setting, you are required to file an appropriate motion.

VI. Law Clerk/Extern Positions

1. Job Requirements
   
   Top 10% of class; law-review experience preferred.
   
   
2. Application Procedures
   
   Judge Means has one two-year rotating clerkship that becomes available in September of even-numbered years (i.e., 2008, 2010, etc.). Applications are accepted 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 20007 for the 2008-2010 term). Interviews are also conducted in accordance with the law clerk hiring rules.
   

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