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Fifth Circuit

Eastern District of Texas Exhibit Requirements

The Eastern District of Texas has been one of the nation's busiest patent litigation venues. With divisions across East Texas including Marshall, Tyler, Sherman, and Texarkana, the court developed specific practices for managing complex patent cases. The district's Docket Control Orders strictly govern exhibit exchange timelines, and compliance is mandatory. Recent venue rule changes have affected case distribution, but E.D.Tex remains an important IP venue.

E.D.TexCM/ECF (PACER)Per Docket Control Order (strict)
Prepare ExhibitsFederal Court Guide PDF

Quick Reference

E-Filing SystemCM/ECF (PACER)
File Size Limit35 MB per document
Plaintiff MarkingPX-1, PX-2, PX-3...
Defendant MarkingDX-1, DX-2, DX-3...
Exchange DeadlinePer Docket Control Order (strict)
Primary RuleLocal Rules, Patent Rules

What This Guide Covers

Strict Docket Control Order compliance required
Patent Local Rules with detailed exhibit protocols
Markman hearing exhibit requirements
Technology tutorial standards
Expedited scheduling for patent cases
Joint exhibit list coordination
Claim construction exhibit procedures
Trial exhibit binder requirements

Divisions & Courthouses

Marshall

  • •Historic patent litigation hub
  • •Sam B. Hall Jr. Courthouse
  • •Efficient case management

Tyler

  • •William M. Steger Federal Building
  • •Growing patent docket
  • •Division headquarters

Sherman

  • •Paul Brown Federal Building
  • •Civil and criminal jurisdiction
  • •Northern district location

Texarkana

  • •Handles Arkansas border cases
  • •General federal jurisdiction

Judge-Specific Practices

E.D.Tex judges, including Judge Gilstrap and Judge Schroeder (Patent Cases), have specific exhibit practices developed through extensive patent litigation experience. The Docket Control Order sets binding deadlines that judges strictly enforce. For patent cases, review the Patent Local Rules and any judge-specific supplemental requirements. Technology tutorials have become standard in complex patent cases - prepare exhibit-quality visual presentations.

Pro Tips for E.D.Tex

  • 1Docket Control Order deadlines are STRICTLY enforced - no extensions assumed
  • 2File preliminary exhibit lists early per scheduling order
  • 3Prepare technology tutorial exhibits for patent cases
  • 4Joint claim construction briefs require coordinated exhibit lists
  • 5Use high-quality graphics for Markman hearing presentations
  • 6Coordinate with opposing counsel on joint exhibits early

Common Mistakes to Avoid

Missing Docket Control Order deadlines (rarely forgiven)
Not coordinating joint exhibit lists with opposing counsel
Poor quality claim construction exhibit graphics
Failing to exchange exhibits by the specified deadline
Not reviewing judge-specific requirements in patent cases
Underestimating time needed for technology tutorial preparation

Related Court Guides

🆕 Trial Binder Mode

Alphabetic labels with per-exhibit numbering

Federal Overview

FRCP Rule 26 & CM/ECF

Federal PDF Guide

Comprehensive PDF download

State Courts

50 state guides

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