Practices & Procedures
Page Limitations
Page limitations for motions and memoranda are set forth in the Local Rules. See DUCivR 7-1. In accordance with the Local Rules, the court will approve requests for overlength motions and memoranda only for good cause and a showing of exceptional circumstances. Any party seeking to file an overlength motion or memorandum must obtain leave of the court prior to filing the overlength motion or memorandum. As a matter of general practice, the court will strike any overlength motion or memorandum not previously authorized by the court.
Proposed Orders
In addition to attaching a copy of the order to the motion, a copy of all proposed orders must be directly e-mailed to chambers at the following address: utdecf_allen@utd.uscourts.gov. Proposed orders e-mailed to chambers must be editable and submitted in Word format.
For further information, see the ECF Procedures Manual.
Sentencing Hearings
Criminal defendants must be physically present in court for their sentencing hearings. A defendant’s presence by video conference will not be permitted. Counsel may, well in advance of a hearing, request that travel expenses for an indigent defendant be paid under 18 U.S.C. § 4285. (link is external) Click here for a form order.
TRO Motions
TRO and PI motions should be written and supported in such a way that the court can decide them on the briefing and attached evidentiary materials. The court will enter an order scheduling a hearing if it determines a hearing is needed. See DUCivR 7-1(f). Parties must comply with all provisions of DUCivR 5-3 when seeking to file evidentiary materials under seal.
Absent extraordinary circumstances, Judge Allen will not consider a TRO motion without allowing an opportunity for the opposing party or counsel to respond. If you seek a TRO without providing time for opposing counsel to respond, good cause must be shown in your written motion. The requirements for obtaining an ex parte TRO are set forth in Rule 65(b) of the Federal Rules of Civil Procedure.
Criminal Jury Instructions
To aid counsel in preparing for trial, the Court’s stock jury instructions for criminal cases are linked below:
Criminal Preliminary Jury Instructions
Criminal Jury Instructions