Judge Michael J. Truncale
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Upon request
Filings > 10 pages
- Upon request
Communication
Phone
Clerk
Phone
Chambers
Document Format Requirements5 rules
Maintain appropriate distancing and follow staff instructions in the Courthouse.
Each person must maintain appropriate distancing from others in the Courthouse, to include sitting at the location assigned by a member of the court staff. Each person must follow the instructions of the court staff and court security officers ( CSOs ) to aid in maintaining distance in the Courthouse;
Each person must use the hand sanitizer furnished at the front door upon entering the Courthouse;
Any person who has tested positive for COVID-19 within the prior five (5) days is prohibited from entering the Courthouse during the CDC recommended quarantine and isolation period.
Courtroom No. 3 - Limit of twelve (12) spectators, sitting six (6) feet apart. No persons under 18 years of age will be permitted in the courtroom;
Courtroom No. 4 - All spectators who do not reside in the same household must sit six (6) feet apart, and all spectators must wear a face mask at all times;
Document Filing Requirements4 rules
Plaintiff must submit a Notice of readiness for initial Case Management Conference after all defendants respond; any defendant may submit if plaintiff delays.
In all patent cases pending before the undersigned, when all defendants have responded to the initial pleadings (whether by Answer or Motion), the plaintiff shall inform the Court that the case is ready for an initial Case Management Conference by submitting a Notice that shall also identify (1) any pending motions, and (2) any related cases in this District. If the plaintiff does not submit such Notice within a reasonable time, any defendant is free to submit the Notice.
DocumentNotice Of Readiness
All attorneys must meet highest professional standards and be adequately prepared.
All attorneys, including Newer Attorneys, will be held to the highest professional standards. Relatedly, all attorneys appearing in court are expected to be adequately prepared and thoroughly familiar with the factual record and the applicable law, and to have a degree of authority commensurate with the proceeding.
DocumentOral Argument
Visitors and guests to the Courthouse are not per itted to bring any of the following items into the Courthouse without prior approval from a District or Magistrate Judge:
Court employees and other building tenants are exempt from this policy.
Filing & Service rules
Courtesy Copy Requirements
Parties are exempt from providing paper courtesy copies for documents over 10 pages unless specifically requested by the judge.
IT IS ORDERED that the Parties are exempt from complying with Local Rule CV-5(a)(9), which requires the filing party to provide the presiding judge with paper copies of all electronically filed documents over ten pages in length.
Civil cases
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Parties are exempt from providing paper copies for documents over 10 pages.
Therefore, IT IS ORDERED that the Parties are exempt from complying with Local Rule CV-5(a)(9), which requires the filing party to provide the presiding judge with paper copies of all electronically filed documents over ten pages in length.
Civil cases
Page 1 | STANDING ORDER REGARDING PAPER COPIES OF LENGTHY DOCUMENTS
Courtesy copies only required when specifically requested by the judge.
IT IS FURTHER ORDERED that courtesy paper copies shall only be provided to chambers when specifically requested by the undersigned.
Civil cases
Page 1 | STANDING ORDER REGARDING PAPER COPIES OF LENGTHY DOCUMENTS
Chambers Communication Rules
If a party is interested in having a Newer Attorney argue a motion, after the motion is ripe, the party should contact chambers to request oral argument and inform chambers that a Newer Attorney will argue the motion or a portion of the motion.
If a party is interested in having a Newer Attorney argue a motion, after the motion is ripe, the party should contact chambers to request oral argument and inform chambers that a Newer Attorney will argue the motion or a portion of the motion.
If you are an attorney scheduled to appear in court before a judge, please contact that judge s chambers directly by telephone, and if necessary, follow up by email;
If you are an attorney scheduled to appear in court before a judge, please contact that judge s chambers directly by telephone, and if necessary, follow up by email;
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For other Courthouse matters, contact the Deputy Clerk in Charge of the Lufkin Division by phone.
For any other Courthouse matters, please contact the office of the Deputy Clerk in Charge of the Lufkin Division at (409) 654-7000.
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Contact Deputy Clerk's office at (409) 654-7000 for other courthouse matters
d. For any other Courthouse matters, please contact the office of the Deputy Clerk in Charge of the Be umont Division at (409) 654-7000.
b. If you are an attorney scheduled to appear in court before a judge, please contact that judge s chambers directly by telephone, and if necessary, follow up by email;
b. If you are an attorney scheduled to appear in court before a judge, please contact that judge s chambers directly by telephone, and if necessary, follow up by email;
Contact Probation/PreTrial Services Office directly for meetings
c. If you are scheduled to meet with a Probation or Pretrial Services Officer, please contact the Probation and Pretrial Services Office directly for guidance and instructions; and
Impaneled jurors may check electronic devices into Clerk's Office and access during breaks
With respect to electronic communication devices, in addition to the restrictions provided in General Order 18-6, impaneled petit and grand jurors may check such devices into the Clerk s Office and access them during breaks in the judicial proceedings.
Page 1 | Electronic Communication Devices
Junior Lawyer Participation Incentives
If such a request is made, the Court will: A. Grant the request for oral argument on the motion, if it is at all practicable to do so, even if the Court would not ordinarily permit oral argument.
If such a request is made, the Court will: A. Grant the request for oral argument on the motion, if it is at all practicable to do so, even if the Court would not ordinarily permit oral argument.
Newer Attorneys (practicing less than 7 years) are incentivized with increased oral argument opportunities, additional time, and permission for experienced co-counsel to also speak.
attorneys practicing for less than seven years ("Newer Attorney(s)")... (2) If such a request is made, the Court will: A. Grant the request for oral argument on the motion, if it is at all practicable to do so, even if the Court would not ordinarily permit oral argument. In those instances where the Court is inclined to rule on the papers, a representation that the argument would be handled by a Newer Attorney will weigh in favor of holding a hearing. B. Strongly consider allocating additional time for oral argument beyond what the Court may otherwise have allocated, were a Newer Attorney not arguing the motion. C. Permit other, more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument.
Page 1 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR NEWER ATTORNEYS
Court draws no inference from party's decision not to have newer attorney argue.
Thus, the Court emphasizes that it draws no inference from a party’s decision not to have a Newer Attorney argue any particular motion before the Court.
D. Notify opposing counsel if such a request is granted and request opposing counsel reciprocate in permitting a Newer Attorney to make its argument on the motion.
D. Notify opposing counsel if such a request is granted and request opposing counsel reciprocate in permitting a Newer Attorney to make its argument on the motion.
More experienced counsel may also speak during oral argument.
C. Permit other, more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument.
Court will consider allocating additional time for oral argument by newer attorneys.
B. Strongly consider allocating additional time for oral argument beyond what the Court may otherwise have allocated, were a Newer Attorney not arguing the motion.
Newer attorneys are defined as those practicing for less than 7 years.
The Court is cognizant of a growing trend in which fewer cases go to trial, and in which there are generally fewer opportunities in court for speaking or “stand-up” engagements. This is especially true for newer attorneys, that is, attorneys practicing for less than seven years (“Newer Attorney(s)”).
Court draws no inference about motion importance or merits from having/not having newer attorney argue.
Additionally, the Court will draw no inference about the importance of a particular motion, or the merits of a party’s argument regarding the motion, from the party’s decision to have (or not to have) a Newer Attorney argue the motion.