Federal Judiciary

... and watch those page limits too!

By Michael C. Smith

A couple of weeks back I noted that Judge Davis in Tyler struck and ordered refiled several motion in the VirnetX case by Microsoft for failure to comply with the local rules regarding line spacing (and margins).  See Double Means Double: Filings Struck for Failure to Comply With Line Spacing Rules.

Today I read an order from Judge Davis denying a motion for leave to exceed the page limits for a motion, writing:

The Local Rules? page limits ease the burden of motion practice on both the Court and the parties. This Court has hundreds of complex cases and deals with a large number of motions each year. It has become common practice for parties to regularly expect to exceed the District?s page limits on nearly all briefs filed in this Court, which has placed an increased burden on the Court. Even small extensions combine to greatly increase the number of pages of briefing the Court must digest, as well as ruling on all of the motions to exceed page limits. Accordingly, the Court DENIES the motion.

The defendant was directed to refile its motion in compliance with the page limits rules within one business day, "otherwise the Court will only consider the motion to the extent it complies with the rules." See Local Rule CV-7(l)(if leave is denied, the court will consider the motion only up to the applicable page limit). Judge Davis reminded the parties that "all filings in this Court shall be in 12-point, double-spaced, Times New Roman font with no less than 1 inch margins." 

This comes on the heels of a recent order by Judge Love overruling the parties' joint motion to take a bazillion hours of depositions and setting a number that was significantly lower, so what has been "common practice" may not be so common any more.

Full post as published by Eastern District of Texas Federal Court Practice on May 19, 2010 (boomark / email).