practice tips and recent developments u.s. district … · 2013-10-17 · practice tips and recent...

PRACTICE TIPS AND RECENT DEVELOPMENTS U.S. DISTRICT COURT, TEXAS EASTERN

DAVID J. MALAND Clerk, U.S. District Court

211 West Ferguson Street, Room 106 Tyler, Texas 75702

903-590-1008 FAX: 903-590-1015

[email protected]

State Bar of Texas FEDERAL COURT PRACTICE

May 18, 2007 Houston

Chapter 9.2

DAVID J. MALANDClerk, U.S. District Court

211 W. Ferguson St., Room 106Tyler, TX 75702

903-590-1008FAX: 903-590-1015

Email: [email protected]

BIOGRAPHICAL INFORMATION

EDUCATION & PROFESSIONAL QUALIFICATIONS:

B.A. magna cum laude, St. Olaf College, Northfield, MN, May 1974- Phi Beta Kappa, April 1974

J.D., William Mitchell College of Law, St. Paul, MN, June 1983Minnesota State Bar License #0151439 since 1983

EMPLOYMENT:

Clerk, U.S. District Court, Texas Eastern, Tyler, TX 1992 - presentChief Deputy Clerk, U.S. Court of Appeals, 11 Circuit, Atlanta, GA 1986-1992th

Deputy-in-Charge, U.S. Court of Appeals, 8 Circuit, St. Paul, MN 1980 - 1986th

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Practice Tips & Recent Developments

U.S. District Court,Texas Eastern

Federal Court Practice SeminarFriday, May 18, 2007Houston, TX

Dave MalandU.S. District Clerk, Texas Eastern

If you have a question about anything, check the website first. Most federal court websites contain loads of relevant information: current local rules, general orders, practice tips from judges, forms, links to other federal courts. Texas Eastern recently revamped its website, located at www.txed.uscourts.gov

Practice Tips and Recent Developments - U.S. District Court, Texas Eastern Chapter 9.2

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Adhere to the FRCP and local procedural requirements. The court is enforcing them.

♦ “Default noticing” procedures ♦ Use of QAX quality assurance software.

Become familiar with the e-filing rules. ♦ E-filing is mandatory in Texas Eastern. There are many advantages to e-noticing, e-filing and e-service. ♦ E-filers are encouraged to write concise but descriptive docket entry text.

Use “free looks” in PACER to create e-files of your federal cases.♦When you receive a notice of electronic filing (“NEF”) evidencing a document or order that’s been filed in your case, you get a “free look” at the filed document. ♦Save these e-documents in a case file you create in your computer system. Having your own e-files avoids piling up PACER fees and saves copy and filing expenses for your firm.


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Proofread before you file it.

There is a danger in recycling similar electronic documents. Make sure the document you are filing says exactly what you meant it to say.

Use available “courtroom tech” in hearings and trials.Texas Eastern has nine (soon to be eleven) courtrooms that are outfitted with courtroom technology, e.g., document cameras, laptop, DVD and VCR inputs, LCD projectors, projection screens. A list of each courtroom’s features is on our court’s website. Court staff will train you how to use the equipment.

♦ Effective November 1, 2006, attorneys can electronically file the initial documents in a civil case or appeal if:– the required filing fee is paid with a credit card

over the Internet;– the case is being filed in forma pauperis; or– the filing fee is waived.

Filing a new civil case or appeal electronically


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♦ Per recent amendments to Local Rule CV-5(a)(7), law firms are required to file sealed documents electronically. In order to file, contact the clerk’s office, who will ask you a few questions and then grant you permission to file sealed documents in the specified case.

♦ The sealed documents are filed as “private entry”documents in the CM-ECF system. This ensures that only the presiding judge and court staff can view the electronically sealed documents.

♦ This rule has greatly aided the workflow in complex civil cases, particularly patent.

Filing sealed documents electronically

Local Rule Changes Per General Order 07-2 (February 12, 2007)♦Court reporters are required to file

transcripts as “private entry” electronic documents as of March 1, 2007. Although e-filed transcripts are not publicly accessible, all transcripts are available for viewing at local clerk’s offices.

♦Non-attorney mediators can be appointed by the presiding judge.

♦ “Statement of the issues” must be included with dispositive motions and responses.

New Magistrate Judge in Marshall♦ On Friday, April 13, 2007 in Marshall,

Chad Everingham was sworn in as our seventh magistrate judge. He was previously Judge T. John Ward’s career law clerk and practiced for five years at Brown McCarroll in Longview.

♦ Judge Everingham’s primary duty is to help Judge Ward manage the vibrant Marshall patent docket.


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New District Judgeship for Sherman

♦ On Friday, March 13, 2007, the U.S. Judicial Conference approved a ninth district judgeship for Texas Eastern, to be located in Sherman.

♦Sherman Division filings have more than doubled in the last five years, and more than half of the court’s criminal defendants come from that division.

New Plano Court Facility in December 2007: Highway 121 and Preston Road

Filing trends show growth in most divisions


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CMA. CM Assistant (“CMA”) is the internal file routing and manipulation software used by our court. It works with CM/ECF to allow judges and staff to generate and edit e-orders, opinions and judgments prior to filing and issuance.

♦ When a law clerk finishes composing a draft electronic order, CMA routes it to the judge’s “to be signed” queue for review and signature. Once the order is electronically signed , the judge can instantaneously send it to the clerk’s office for filing and issuance.

♦ CMA inserts judge’s digital signature and signature time and date into orders and opinions with a point and click.

♦ CMA allows for easy file routing among six divisional offices.

♦ CMA can add special notations, e.g., " Sticky Notes," “Sign Here,” “E-GOV,” “Approved By,”etc.

♦ Compatible with Versions 5 - 8 of Adobe Acrobat.♦ CMA is file type independent: it can transfer *.pdf,

*.wpd, *.doc, *.txt, etc.

CMA Features


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QAX is the quality control software used in Texas Eastern. The QAX quality control check is performed within 12 business hours of filing. QAX keeps detailed information about a deputy clerk’s QC efforts. An e-mail module makes it easy for the deputy clerk to quickly notify a paralegal or attorney regarding a perceived docketing error.

Quality Control Software

Questions and answers


practice tips and recent developments u.s. district … · 2013-10-17 · practice tips and recent...

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