A party may amend its pleading once as a matter of course within no later than 21 days after serving it, or if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier. FRCP 15 (a)(1) (amended eff 12/1/23) .
NEW RULE AMENDMENTS EFFECTIVE DECEMBER 1, 2023
An answer may be amended once as a matter of course within no later than 21 days after the original answer is served, unless the court orders otherwise under FRCP 5(c) because there are numerous defendants. FRCP 15 (a) (amended eff 12/1/23) .
At any time during the action, leave of court may be sought to file an amended pleading. FRCP 15(a)(2) and (b).
The court must set a cut-off date for the amendment of pleadings. FRCP 16(b)(3) (amended eff 12/1/15)
Many Western District Judges have standing orders and forms governing litigation practice. A directory of Western District Judges, with links to each judge's orders and forms, is available on the court's Judge's Information page.
A response to a discovery or case management motion shall be filed not later than seven (7) days after the filing of the motion.
A response to other motions shall be filed not later than fourteen (14) days after the filing of the motion, except as provided by W.D. Tex. Civ. P. 15 (added eff 6/24/21).
NEW RULE AMENDMENTS EFFECTIVE DECEMBER 1, 2023
Under amended FRCP 6 (a)(1), all deadlines stated in days, no matter the length of the period, are computed in the same way. The day of the event that triggers the deadline is not counted. All other days - including intermediate Saturdays, Sundays, and legal holidays - are counted, with only one exception: If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday. FRCP 6 (a)(1).
When determining the last day of a filing period stated in days, a day on which the clerk's office is not accessible because of the weather or another reason is treated like a Saturday, Sunday, or legal holiday. FRCP 6 (a)(3).
Where Local Rules set the deadlines for service of opposition and reply papers for a period of time after service of moving and opposition papers, and provide no authority regarding the addition of days to the deadline for different methods of service, practitioners should be aware that FRCP 6 (d) may apply to the calculation of the due date for opposition and reply papers. Federal Rule of Civil Procedure 6(d) provides that:
"When a party may or must act within a specified time after being served and service is made under Rule
To amend a pleading where leave of court is not required, the amended pleading is simply filed with the court and served on all parties. FRCP 15 (a) and (d). Service of process may need to be effected on parties who have not yet appeared. See Western District of Texas SmartRules™ procedural guide: SERVICE OF PROCESS.
To seek leave of court to amend a pleading based on stipulation, customarily the party seeking to amend prepares and obtains the signatures of the other parties on a stipulation agreeing to the amendment of the pleading, then prepares and submits an ex parte application to the Court, based on the stipulation, requesting leave to file the amended pleading. See Western District of Texas SmartRules™ procedural guide: EX PARTE APPLICATION.
Leave of court may be sought to amend a pleading to conform to proof at trial. FRCP 15(b).
All requirements applicable to pleadings apply to amended pleadings. See Western District of Texas SmartRules™ procedural guides: COMPLAINT, CROSS-COMPLAINT, COUNTERCLAIM, and ANSWER.
NEW RULE AMENDMENTS EFFECTIVE JUNE 24, 4021
A party that is entitled to amend its pleadings as a matter of course pursuant to FRCP 15 may do so without the necessity of filing a motion for leave to amend. W.D. Tex. Civ. P. 15 (b) (added eff 6/24/21).
A motion must be made in writing, (unless made during a hearing or at trial), and must set forth with particularity the grounds on which it is brought, and the relief or order sought. FRCP 7(b)(1).
Moving parties are "encouraged" to indicate in the title of the motion whether or not the motion is opposed. A motion is unopposed only if there has been an actual conference with opposing counsel and there is no opposition to any of the relief requested in the motion. W.D. Tex. Civ. P. 7 (g) (amended eff 6/24/21).
The moving party must certify in the body of each non-dispositive motion that the parties have conferred in a good-faith attempt to resolve the matter by agreement, and must explain the specific reason(s) that no agreement could be made. W.D. Tex. Civ. P. 7 (g) (amended eff 6/24/21).
If there is any ambiguity about whether a motion is dispositive or nondispositive, the parties should confer. W.D. Tex. Civ. P. 7 (g) (amended eff 6/24/21).
Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name — or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention. FRCP 11 (a).
An attorney's mailing address, e-mail address, signature, state bar card number, telephone and fax are also required on all submitted papers. A pro se party need include only that party's mailing address, email address, signature, and telephone and fax numbers (with area code). W.D. Tex. Civ. P. 10 (b) (amended eff 6/24/21).
The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention. FRCP 11(a)
Login and Password
Entry of a Filing User’s login and password will serve as the Filing User’s signature for any purpose. An electronically filed document must include a signature block in compliance with Local Court Rule CV-10. The Filing User under whose login and password the document is submitted must be identified by inserting an electronic signature image or by typing an /s/ followed by the Filing User's name where the signature would otherwise normally appear. Administrative Policies and Procedures for Electronic Filing, 13.a
A Filing User must not permit the Filing User’s password to be used by anyone other than an agent authorized by the Filing User. Administrative Policies and Procedures for Electronic Filing, 14.b
See Western District of Texas SmartRules™ Guide: GENERAL RULES AND FORMATTING REQUIREMENTS.
Any affidavit supporting a motion must be served with the motion. Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least 7 days before the hearing, unless the court permits service at another time. FRCP 6 (c)(2).
See Western District of Texas SmartRules™ procedural guide: DECLARATIONS.
A party may file an appendix with its motion that specifies the factual basis for that motion. This appendix must include all affidavits, deposition transcripts, or other documents supporting the relied upon facts. W.D. Tex. Civ. P. 7 (a) (amended eff 6/24/21).
If relief is sought with respect to any discovery request or response thereto, copies of the disputed discovery request or response thereto must be attached to the motion. W.D. Tex. Civ. P. 26 (a) (amended eff 6/24/21).
Upon motion by any party demonstrating good cause, the court may enter a protective order in the form set out in Appendix H-1, or, in more complex cases, in Appendix H-2, or any other appropriate form. In cases where the parties agree to a protective order, the forms set out in Appendix H-1 and Appendix H-2 are approved. W.D. Tex. Civ. P. 26 (c) (amended eff 6/24/21).
A proposed order is required for all discovery and case management motions. W.D. Tex. Civ. P. 7 (f) (amended eff 6/24/21).
See Western District of Texas SmartRules™ procedural guide: PROPOSED ORDER.
FILING AND SERVICE
Many Western District Judges have standing orders and forms governing litigation practice. A directory of Western District Judges, with links to each judge's orders and forms, is available on the court's Judge's Information page.
All documents submitted for filing must be filed electronically unless otherwise permitted by the Electronic Filing Procedures or authorized by the court. Administrative Policies and Procedures for Electronic Filing, 3.a.
The following documents must be submitted traditionally:
Civil initiating documents (except for civil complaints and notices of removal, which may be filed traditionally or electronically);
For more detailed information regarding electronic filing, see Western District of Texas SmartRules ™ procedural guide: FILING DOCUMENTS.
All papers must be served on each of the parties, unless the court orders otherwise under FRCP 5(c) because there are numerous defendants. FRCP 5 (a) (amended eff 12/1/18).
Papers must be filed no later than a reasonable time after service. FRCP 5 (d) (amended eff 12/1/18).
The proof of service is only required if documents are not served by filing them with the court's electronic filing system. FRCP 5 (d)(1)(B) (amended eff 12/1/18).
Service must be made by mail or personal delivery, electronically to users registered with the court's electronic-filing system or by other electronic means consented to in writing. FRCP 5 (b) (amended eff 12/1/18).
Check the court's Standing Orders page for individual judge requirements.
The amended pleading must be served on all parties who had not appeared in the action on or before the date the motion for leave to amend was granted. FRCP 5 (a) (amended eff 12/1/18).
With respect to any party who has not yet appeared in the action, a completed summons must be presented to the clerk when the papers are filed. FRCP 4(b) (amended eff 12/1/17).
The summons executed by the clerk must be served on any party who has not previously appeared in the action. FRCP 4(c)(1) (amended eff 12/1/17).
The Western District third party summons form is available on the court's Civil Forms page.
See Western District of Texas SmartRules ™ procedural guide: AMENDED COMPLAINT; AMENDED ANSWER.
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