Rules and Standards of Conduct

Attorneys and self-represented (pro se) parties must follow all applicable rules, available on the court’s website. Judge Davis expects attorneys to demonstrate compliance with the Eastern District of Texas Local Rules, including Rules AT-3 (standards of practice to be observed by attorneys) and CV-7(h) (“meet and confer” requirement) through civility, professionalism, and candor. Rudeness to opposing counsel or a court employee will not be tolerated.

No Paper Copies of Electronically Filed Documents

Eastern District of Texas Local Rule CV-5 mandates electronic filing of most documents via the court’s CM/ECF system. Any document that falls within an exception to that mandate but that may reasonably be filed electronically should be filed electronically. No paper copy of any electronically filed document, including a set of PowerPoint slides or other hearing exhibit, should be provided to the court absent a specific request.

Footnotes Discouraged

Judge Davis prefers footnote-free filings. Citations should appear in body text. Any argument presented in a footnote may be deemed forfeited. If footnotes are used, they should be in 12-point size or larger, and a single footnote should not carry over to a second page.

Acceptable and Disfavored Fonts

Equity, Century, Century Schoolbook, Georgia, and Times New Roman are all acceptable fonts. Garamond and Courier are disfavored.

PDF Bookmarking

Any document that would have tabs in hardcopy should have bookmarks in the PDF version filed via CM/ECF.

Searchability

All written parts of every filing should be text-searchable. Wherever possible, documents attached to a filing should be converted to PDF format from a word-processing program, rather than scanned.

Preferred Format of Attached Case Law

Any case law appended to a filing should be in single-column format, not the more common dual-column format. Key language should be highlighted electronically.

Requests for Oral Argument

Any attorney or pro se party who wishes to present oral argument on a motion should file a separate motion of no more than 500 words stating (a) why oral argument is warranted, (b) the amount of time required, and (c) whether the request for oral argument is opposed. Any motion requesting oral argument should be filed no later than the due date for the reply in support of the motion on which oral argument is requested.

If he decides that oral argument is warranted, Judge Davis may, upon request, allow more than one attorney per side to present argument—especially when doing so will give a junior or less-experienced attorney an opportunity to speak in court.

Expectation of In-Person Attendance

Attorneys and pro se parties should expect to appear at hearings and pretrial conferences in person. Virtual appearances will be permitted only for good cause.

Use of the Lectern

To help ensure a clear and complete audio recording, attorneys should stand at the lectern and in front of the microphone when speaking.

Communications with Chambers Staff

Many procedural and scheduling questions are answered by the rules available on the court’s website or an order in the case in question, and Judge Davis generally discourages attorneys and pro se parties from contacting his chambers other than through CM/ECF. Chambers staff will not discuss any substantive matter, disclose the status of a pending motion, give legal advice, state Judge Davis’s preferences, or predict any outcome. If there are circumstances regarding a pending matter that should be brought to the court’s attention, they should typically be conveyed by letter (when providing information) or motion (when requesting judicial action) via CM/ECF.

An email or call to chambers (; 214-872-4840) is warranted when either:

(1) the parties have reached, or will likely soon reach, agreement on a contested matter pending before the court; or

(2) a true emergency requires quick judicial action.

Any email to chambers should copy opposing counsel. And when a call is placed to chambers, opposing counsel should be on the line or the attorney making the call should be prepared to explain why opposing counsel is not on the line.