Judge-Specific Requirements — Sidney Fitzwater

Directory UNITED STATES DISTRICT COURT Northern District of Texas Reed O'Connor, Chief Judge Karen Mitchell, Clerk of Court Search form Search Court Information Judges Rules & Orders Filing Resources FAQs Attorneys Jurors Pro Se Forms & Records Senior District Judge Sidney A. Fitzwater You are here Home » Judges » District Judges Chambers:  214-753-2333 Courtroom Deputy: Katie Roche 214-753-2189 Court Reporter (Dallas): Pam Wilson 214-662-1557 Court Reporter (Amarillo): Please call the Amarillo Clerk's Office at 806-468-3800 Chambers Online Helpdesk Courtroom Technology 1100 Commerce Street, Room 1358 Dallas, Texas 75242-1003 Courtroom: 1351 Case Letter Designation : (D) Judge Tabs Judge Specific Requirements Judge Fitzwater generally follows the local rules. If the information set out below does not address your particular question, you should determine whether a local rule does. 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. Case Management Procedures (For Civil Cases, Unless Otherwise Noted) 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. Fed. R. Civ. P. 26(f) Conference The parties must comply with Rule 26(f). The court requires that lead counsel for each party (or a designee attorney with appropriate authority) must meet in person at a mutually agreeable location. The requirement of an in-person meeting does not apply if one or more parties are proceeding pro se . Local civil rule 16.1 exempts certain categories of cases from the requirements of Rule 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 Rule 16(b). If, at the time the judge enters his scheduling proposal order, the parties have already conducted a Rule26(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. 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 scheduling proposal order, the parties must file a proposal that contains the following matters: The proposal must—under a separate heading—state whether all the parties consent to referring this case to a magistrate judge for jury or nonjury trial, pursuant to 28 U.S.C. § 636(c). If all parties do not consent, the proposal need not identify which parties consent and which do not. The proposal must contain proposed deadlines for limiting the time to (a) join other parties; (b) amend the pleadings; (c) file motions, including summary judgment and other dispositive motions; (d) complete discovery; and (e) designate expert witnesses and rebuttal expert witnesses and make the expert disclosures required by Rule 26(a)(2). At the parties' option, the proposal may also contain the parties’ views and proposals concerning (a) proposed modifications of the timing of disclosures under Rule 26(a) and Rule 26(e)(1); (b) proposed modifications of the extent of discovery otherwise permitted; under the Rules; (c) proposals for disclosure, discovery, or preservation of electronically stored information; (d) any agreements the parties have reached for asserting claims of privilege or of protection as trial-preparation material after information is produced, including agreements reached under Fed. R. Evid. 502; (e) a proposed procedure for requiring that, before moving for an order relating to discovery, the movant must request a conference with the magistrate or district judge; (f) proposed dates for pretrial conferences, a final pretrial conference, and trial; and (g) proposals pertaining to any other appropriate 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 include in the proposal—under a separate heading—a status report that sets out the progress made toward settlement or other resolution 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. Referrals to Magistrate Judges See I(C)(1) above. Settlement Discussion See I(C) above. Pretrial Order Under local civil rule 16.4, a proposed pretrial order must be submitted at least 14 days before the scheduled date for trial. The proposed pretrial order (styled as the "Pretrial Order") must be submitted electronically to  [email protected] in WordPerfect or Word format. The judge does not typically enter the pretrial order until the pretrial conference is held. 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. 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 time limits. If the judge anticipates imposing time limits that significantly reduce the parties' estimated trial length, he will conduct the pretrial conference sufficiently in advance of trial so that counsel will have reasonable notice of such limits. Judge's Copy of Documents Filed on Paper and By Electronic Means (Civil and Criminal Cases) No "judge's copy"—i.e., additional paper copy—of  a pleading, motion, or other paper filed on paper or  by electronic means is required unless requested by the court. Motion Practice (For Civil Cases, Unless Otherwise Noted) Requirements for Specific Motions 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. Continuance See local civil rule 40.1. In Limine (Civil and Criminal Cases) The deadlines for filing and responding to motions in limine are set by order in each case. Motions in limine must not be filed as a matter of course. 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. Other (Civil and Criminal Cases) 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. Required proposed orders must be submitted in a modifiable format to [email protected] .  Complete instructions may be found in the Proposed Orders docket event in ECF. 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. Discovery (Civil Cases) Fed. R. Civ. P. 26(a) Parties must comply with Rule 26(a)(2) by the dates specified in the judge's scheduling order. Filing Discovery Material See Fed. R. Civ. P. 5(d)(1) and local civil rule 5.2. Trial Procedures (For Civil and Criminal Cases, Unless Otherwise Noted) Marking and Exchanging Exhibits All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked 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 the exhibits must be furnished to the 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). 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 normally permit jury questionnaires or surveys. 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 WordPerfect or Word version of a party's requested instructions and questions, (or proposed findings and conclusions in nonjury cases) must be submitted electronically to [email protected] . Courtroom Decorum See local civil rule 83.4 and local criminal rule 57.4. Electronic Equipment in the Courtroom The courtroom has limited electronic equipment. Counsel should contact the court coordinator, Pat Esquivel, (214) 753-2336, with questions about how to bring their own electronic equipment for use at trial. Other (Civil Cases) 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). Miscellaneous Procedures (For Civil and Criminal Cases, Unless Otherwise Noted) Judge's Copy of Documents Filed on Paper and By Electronic Means See I(H) above. Communications with Chambers Procedural Information Case information may be obtained from the clerk’s office by calling the ECF Help Desk, (214) 753-2633. Answers can be obtained to frequently asked questions, and case-specific questions can be submitted to chambers staff, by using Judge Fitzwater's Chambers Online Help Desk .  You may also contact the court coordinator, Pat Esquivel. Her telephone number is (214) 753-2336. The main chambers number is (214) 753-2333. 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, legal assistants, and litigants are answered by the federal rules of civil and criminal procedure, the local rules, or the judge's scheduling proposal, scheduling, and trial docket setting orders. The judge and his staff 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 judge's orders. Scheduling Information If it is not already provided by order or other appropriate notice, this information can be requested by using Judge Fitzwater's Chambers Online Help Desk . You may also contact the court coordinator, Pat Esquivel. Her telephone number is (214) 753-2336. Status of Motions and Rulings on Motions Information concerning whether a motion has been filed and/or ruled on can be obtained from the clerk's office by calling the ECF Help Desk, (214) 753-2633. Other See V(B)(1) and (2). Faxed Document Faxed documents are not accepted except in rare instances that present emergencies that prevent filing by other expedited means, such as electronically. In those instances where facsimile filing is permitted, the judge’s staff will provide counsel with appropriate instructions. Electronic Case Filing Pursuant to local civil rule 5.1(e) and local criminal rule 49.2(f), the court grants the parties the option of filing pleadings, motions, or other papers on paper. Filing by electronic means is permitted, not required. 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. Please see the swearing-in schedule for the current month's schedule. No appointment is necessary, but counsel must be present in the courtroom, and present their paperwork to the courtroom clerk, no later than 8:45 a.m., because the judge begins his docket at 9:00 a.m. with attorney admissions and does not conduct them after they are concluded. The judge conducts attorney admissions at other dates and times by appointment only. 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. It is customary for the sponsor to make brief "positive" statements about the attorney seeking admission and then to move for the attorney's admission. Attorneys who are taking the oath of admission to another bar (for example, another federal district court in Texas or the State Bar of Texas) need not be accompanied by a sponsor. Law Clerk Job Requirements Law clerks must meet all United States government requirements for employment as a law clerk to a United States District Judge. Application Procedures Persons interested in applying for law clerkships must use the OSCAR system—found at https://oscar.uscourts.gov —and follow the application requirements. All law clerk applications are submitted electronically, using OSCAR. Biography Birth: 1953 Year Service Began: 1986 Appointed By: President Ronald Reagan Education: Bachelor of Arts from Baylor University in 1975; Juris Doctor from Baylor University School of Law in 1976 Judicial Service: Judge, 298th Judicial District, Dallas County, Texas 1982 - 1986 Legal Practice: Associate, Rain Harrell Emery Young & Doke 1978 - 1982; Associate, Vinson & Elkins, Houston 1976 - 1978 Current Memberships: State Bar of Texas; Dallas Bar Association; Federal Judges Association; Texas Bar Foundation (Life Fellow); District Judges Association of the Fifth Circuit; The American Law Institute District Judges Chief Judge Reed O'Connor (O) Judge Sam A. Lindsay (L) Judge Ed Kinkeade (K) Judge Karen Gren Scholer (S) Judge Matthew J. Kacsmaryk (Z) Judge Mark T. Pittman (P) Judge James Wesley Hendrix (H) Judge Brantley Starr (X) Judge Ada Brown (E) Senior Judge A. Joe Fish (G) Senior Judge Sidney A. Fitzwater (D) Senior Judge Sam R. Cummings (C) Senior Judge Terry R. Means (Y) Senior Judge David C. Godbey (N) Senior Judge Jane J. Boyle (B) Magistrate Judges Judge Jeffrey L. Cureton (BJ) Judge Renee H. Toliver (BK) Judge David L. Horan (BN) Judge Hal R. Ray, Jr. (BP) Judge Lee Ann Reno (BR) Judge Rebecca Rutherford (BT) Judge John R. Parker (BU) Judge Amanda 'Amy' R. Burch (BV) Judge Brian McKay (BW) Judge Specific Requirements Oath Complaints Judicial Seminar Disclosure MDL Cases Judge History Opinions Duty Judge Roster Hearing Schedules