Judge Ron Clark
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Exhibit List
- 2 copies
Adjournments
- Rule 16 management conference set for 50 days after order, no continuances without good cause.
- Continuance of the Rule 16 management conference requires a showing of good cause.
Request must include
- 7-day response period for video deposition objections
Communication
Phone
Clerk
Phone
Phone
Page & Word Limits10 rules
Objections to expert witnesses must be filed within 7 weeks of expert disclosure via motion to strike/limit with expert report attached.
7 weeks after disclosure of an expert is made Deadline to object to any other party’s expert witnesses. Objections shall be made by a motion to strike or limit expert testimony and shall be accompanied by a copy of the expert’s report in order to provide the court with all the information necessary to make a ruling on any objection. The court will not accept objections to experts filed in any form—i.e., motions in limine—after this date.
Motion To Strike Expert
____________________ Deadline for motions to transfer (1 week after mgmt conf.)
Motion To Transfer
Expert witness designation deadline is 10 weeks after management conference.
____________________ Deadline to designate expert witnesses and reports on (10 weeks after mgmt conf.) issues for which the party bears the burden of proof, pursuant to Federal Rule of Civil Procedure 26(a)(2) and Local Rule CV-26(b).
____________________ Deadline to add parties (6 weeks after mgmt conf.)
____________________ Deadline for Plaintiffs to file amended pleadings. A motion for leave to amend is not necessary. (12 weeks after mgmt conf.)
Amended Pleading
Motions in limine due.
Motion
Response to motions in limine due.
Motion
Deadline for motions to dismiss, motions for summary judgment, or other dispositive motions.
Motion
For witnesses who are not going to be called live, oral and video deposition designations due.
Deposition Designation
File unresolved objections to oral and video deposition extracts.
Objection
Document Format Requirements7 rules
Jurors and witnesses must dress appropriately for the courtroom with specific clothing restrictions.
Jurors and Witnesses shall dress appropriately and respectfully for the courtroom. For men, other than uniformed law enforcement officers, this includes: a coat and, slacks or khaki pants. For women, other than uniformed law enforcement officers, this includes: tailored dresses; blouses or dress shirts with appropriate skirts, tailored slacks, or khaki pants. No shorts, jeans or other denim pants, overalls, scrubs, tee shirts, tank tops, mid-riff baring or other revealing or low cut clothing, extremely short skirts, sunglasses, flip-flops, or hats shall be permitted in the courtroom.
Attorneys, parties (except criminal defendants), and corporate representatives must wear standard business attire.
Attorneys, parties (except criminal defendants), and corporate representatives are required to wear standard business attire. For men, this includes a suit with coat and tie or a coat and tie with tailored slacks or khaki pants. A coat and tie with jeans or other denim pants are not acceptable. For women, this includes tailored suits and tailored dresses. Slacks are appropriate if part of a tailored suit. Slacks or skirts with a blouse or sweater, but without a jacket, are not acceptable. Extremely short skirts and other revealing clothing (tight, short, low-cut, thin) are not acceptable.
Spectators must dress appropriately for the courtroom with specific clothing restrictions.
Spectators are required to dress appropriately and respectfully for the courtroom. Men are required to wear coats. No shorts, scrubs, tee shirts, tank tops, mid-riff baring or other revealing or low cut clothing, extremely short skirts, sunglasses, flip-flops, or hats shall be permitted in the courtroom
Pursuant to Local Rule CV-7(b), highlight in the courtesy copy the portions of the affidavits or other supporting documents that are cited in your motion or response.
You should print the docketed version of your motion from CM-ECF so that your motion includes the docket identifier at the top of each page.
Copies of exhibits which will be handed to witnesses should be placed in a three ring binder, with an additional copy for the court. (To make it easy to direct the witness to the correct exhibit while on the stand, Plaintiff should use a dark colored binder such as black or dark blue. Defendants should use a light colored binder, such as white, red, or light blue.) No single binder of exhibits shall exceed three inches in width.
If the motion with attachments exceeds twenty pages, the court requests that you bind the courtesy copy at the left to make it easier to read. This binding must be either spiral bound or three-hole punched and placed in a three-ring binder.
Document Filing Requirements24 rules
Before commencing the Rule 26(f) conference, counsel must discuss settlement options with their clients, including whether an offer or demand should be made at the Rule 26(f) attorney conference. Counsel should also inquire whether their clients are amenable to trial before a United States magistrate judge. Parties willing to consent should file the appropriate form electronically (see form on Eastern District of Texas website) as soon as possible, so that the case can be reset for management conference before the magistrate judge to whom the case is assigned.
DocumentRule 26f Conference
The parties must include the following matters in the joint conference report: 1. A brief factual and legal synopsis of the case. 2. The jurisdictional basis for this suit. 3. Confirm that initial mandatory disclosures required by Rule 26(a)(1) and this Order have been completed. 4. Proposed scheduling order deadlines. Appendix 1 has the standard deadlines. Explain any deviations from standard schedule. Now is the time to inform the court of any special complexities or need for more time before the trial setting. The standard schedule is planned so that there is time to rule on dispositive motions before parties begin final trial preparation. 5. If the parties agree that mediation is appropriate, and the parties can agree upon a mediator, the name, address, and phone number of that mediator, and a proposed deadline should be stated. An early date is encouraged to reduce expenses. The court may appoint a mediator upon request. 6. The identity of persons expected to be deposed. 7. Any issues relating to disclosure or discovery of electronically stored information, including the form or forms in which it should be produced.
DocumentJoint Rule 26f Report
Local Rule CV-7 requires you to attach affidavits and other supporting documents to the motion or response. Labeled tabs on the attachments to the courtesy copy will make it easier to find them.
DocumentMotion
Initial mandatory disclosures pursuant to Rule 26(a)(1) shall be completed not later than ten days after the deadline for the Rule 26 attorney conference and shall include the following:
DocumentInitial Disclosure
A party that fails to timely disclose such information will not, unless such failure is harmless, be permitted to use such evidence at trial, at a hearing, or in support of a motion.
DocumentEvidence
Defendants not served within 90 days of complaint filing shall be dismissed without notice unless good cause shown.
Any defendant who has not been served with the summons and complaint within ninety days after the filing of the complaint shall be dismissed, without further notice, unless prior to such time the party on whose behalf such service is required shows good cause why service has not been made. See FED. R. CIV. P. 4(m).
DocumentService
All parties must be named in complaint; fictitious parties are dismissed without prejudice.
The name of every party shall be set out in the complaint. See FED. R. CIV. P. 10(a). The use of fictitious names is disfavored by federal courts. Doe v. Blue Cross & Blue Shield, 112 F.3d 869 (7th Cir. 1997). It is hereby ORDERED that this action be DISMISSED as to all fictitious parties. Dismissal is without prejudice to the right of any party to take advantage of the provisions of Federal Rule of Civil Procedure 15(c).
DocumentComplaint
Parties must comply with all deadlines regardless of pending motions, incomplete investigation, or other parties' non-compliance.
Attorneys and pro se litigants who appear in this court must comply with the deadlines set forth in the Federal Rules of Civil Procedure, the Local Rules for the Eastern District of Texas and this order. A party is not excused from the requirements of a Rule or scheduling order by virtue of the fact that dispositive motions are pending, the party has not completed its investigation, the party challenges the sufficiency of the opposing party’s disclosure, or because another party has failed to comply with this Order or the rules.
DocumentScheduling Order
Non-compliance with rules may result in evidence exclusion or sanctions.
Failure to comply with relevant provisions of the Local Rules, the Federal Rules of Civil Procedure, or this order may result in the exclusion of evidence at trial, the imposition of sanctions by the court, or both. Counsel are reminded of Local Rule AT-3, particularly AT-3(I) & (J).
DocumentScheduling Order
Parties must retain participant names/addresses and provide them to court in camera at least 10 days before final pre-trial conference if case proceeds.
The party or parties who commission the study shall retain the name and address of each participant in the study. If the case is not disposed of by settlement or otherwise, the party or parties who commissioned the study shall supply to the court, in camera, the name and address of each citizen participant in the study at least ten days prior to the final pre-trial conference.
DocumentParticipant List
Joint conference report must include factual synopsis, jurisdictional basis, disclosure confirmation, proposed deadlines, mediation info, deposition identities, and ESI issues.
The parties must include the following matters in the joint conference report: 1. A brief factual and legal synopsis of the case. 2. The jurisdictional basis for this suit. 3. Confirm that initial mandatory disclosures required by Rule 26(a)(1) and this Order have been completed. 4. Proposed scheduling order deadlines. Appendix 1 has the standard deadlines. Explain any deviations from standard schedule. Now is the time to inform the court of any special complexities or need for more time before the trial setting. The standard schedule is planned so that there is time to rule on dispositive motions before parties begin final trial preparation. 5. If the parties agree that mediation is appropriate, and the parties can agree upon a mediator, the name, address, and phone number of that mediator, and a proposed deadline should be stated. An early date is encouraged to reduce expenses. The court may appoint a mediator upon request. 6. The identity of persons expected to be deposed. 7. Any issues relating to disclosure or discovery of electronically stored information, including the form or forms in which it should be produced.
DocumentJoint Report
The name of every party shall be set out in the complaint. See FED. R. CIV. P. 10(a).
DocumentComplaint
Objections to expert witnesses must be made by a motion to strike or limit and must include a copy of the expert's report.
Objections shall be made by a motion to strike or limit expert testimony and shall be accompanied by a copy of the expert's report in order to provide the court with all the information necessary to make a ruling on any objection.
DocumentMotion To Strike Expert
Video deposition designations with 7-day response period
Each party who proposes to offer a deposition by video shall serve on all other parties a disclosure identifying the line and page numbers to be offered. All other parties will have seven calendar days to serve a response with any objections and requesting line and page numbers to be included in the video.
DocumentVideo Deposition Designation
The parties shall notify the court of all the issues which are resolved.
DocumentCourt Notification
The court needs a copy of the pertinent deposition to rule on any objection.
DocumentCourt Submission
The party who filed the initial video designation is responsible for preparation of the final edited video in accordance with all parties’ designations, and the rulings on objections.
DocumentVideo Deposition
File unresolved objections to oral and video deposition extracts.
DocumentDeposition Objection
Response to motions in limine must only address objected items; counsel must confer within 5 days to resolve disputes and notify court of resolved issues.
To save time and space, respond only to items objected to. All others will be considered to be agreed. Opposing counsel shall confer in an attempt to resolve any dispute over the motions in limine within five calendar days of the filing of any response. The parties shall notify the court of all issues which are resolved.
DocumentResponse To Motion In Limine
Opposing counsel shall confer to determine whether objections can be resolved without a court ruling. The court needs a copy of the pertinent deposition to rule on any objection.
DocumentDeposition Objections
To save time and space respond only to items objected to. All others will be considered to be agreed.
DocumentMotion In Limine Response
Before the case management conference, counsel and unrepresented parties should review the most recent versions of the Federal Rules of Civil Procedure and the Local Rules for the Eastern District of Texas. The Local Rules are available on the Eastern District of Texas website (www.txed.uscourts.gov).
DocumentCase Management Conference
Expert reports should include the categories of information set out in Federal Rule of Civil Procedure 26(a)(2)(B)(i)-(vi)
DocumentExpert Report
____________________ If parties plan to mediate, state date parties propose. This should be as early as possible, to avoid expense.
DocumentScheduling Order
Filing & Service rules
Electronic Filing Rules
Parties must electronically file the joint report of the Rule 26(f) conference.
Rule 26(f) requires attorneys of record and all unrepresented parties to confer and attempt in good faith to agree on a proposed scheduling order (see Appendix 1) and to electronically file a joint report outlining their proposals.
Civil cases
Page 2 | RULE 26(f) ATTORNEY CONFERENCE
Parties willing to consent should file the appropriate form electronically (see form on Eastern District of Texas website) as soon as possible, so that the case can be reset for management conference before the magistrate judge to whom the case is assigned.
Parties willing to consent should file the appropriate form electronically (see form on Eastern District of Texas website) as soon as possible, so that the case can be reset for management conference before the magistrate judge to whom the case is assigned.
Civil cases
Page 2 | RULE 26(f) ATTORNEY CONFERENCE
Filing Timing and Cure Windows
Joint report must be filed 14 days after the Rule 26(f) conference deadline.
File joint report of attorney conference: 14 days after deadline for Rule 26(f) conference.
Civil cases
Page 1 | ORDER GOVERNING PROCEEDINGS
Objections to expert witnesses must be filed within 7 weeks after the expert's disclosure; objections in limine after this deadline are not accepted.
7 weeks after disclosure of an expert is made Deadline to object to any other party's expert witnesses. ... The court will not accept objections to experts filed in any form—i.e., motions in limine—after this date.
Civil cases
Page 8 | APPENDIX 1 - PROPOSED SCHEDULING ORDER DEADLINES
If a deadline falls on a weekend or federal holiday, the effective deadline is the next federal court business day.
If deadline falls on a Saturday, Sunday, or a legal holiday as defined in Federal Rule of Civil Procedure 6, the effective date is the first federal court business day following the deadline imposed.
Civil cases
Page 8 | APPENDIX 1 - PROPOSED SCHEDULING ORDER DEADLINES (footnote 1)
Service and Proof of Service Rules
Defendants must be served within 90 days after complaint filing or face dismissal unless good cause is shown.
Any defendant who has not been served with the summons and complaint within ninety days after the filing of the complaint shall be dismissed, without further notice, unless prior to such time the party on whose behalf such service is required shows good cause why service has not been made. See FED. R. CIV. P. 4(m).
Civil cases
Page 6 | FAILURE TO SERVE
Early Rule 34 requests are not considered served until the Rule 26(f) conference occurs.
Early Rule 34 requests may be delivered in compliance with Rule 26(d)(2). See FED. R. CIV. P. 26(d)(2). But, these requests are not considered served until the Rule 26(f) conference has occurred.
Civil cases
Page 5 | DISCOVERY
Courtesy Copy Requirements
If the motion with attachments exceeds twenty pages, the court requests that you bind the courtesy copy at the left to make it easier to read. This binding must be either spiral bound or three-hole punched and placed in a three-ring binder. You should print the docketed version of your motion from CM-ECF so that your motion includes the docket identifier at the top of each page. Pursuant to Local Rule CV-7(b), highlight in the courtesy copy the portions of the affidavits or other supporting documents that are cited in your motion or response.
If the motion with attachments exceeds twenty pages, the court requests that you bind the courtesy copy at the left to make it easier to read. This binding must be either spiral bound or three-hole punched and placed in a three-ring binder. You should print the docketed version of your motion from CM-ECF so that your motion includes the docket identifier at the top of each page. Pursuant to Local Rule CV-7(b), highlight in the courtesy copy the portions of the affidavits or other supporting documents that are cited in your motion or response.
Civil cases
Page 3 | CONTESTED MOTION PRACTICE
Two copies of Exhibit List required for court
Provide the court with two copies of the Exhibit List, using form from the District Clerk’s Office.
Civil cases
Sealing & Redaction Procedures
for financial account numbers, use only the last four digits; for names of minor children, use only their initials; for dates of birth, use only the year; and (in criminal cases) for home addresses, use only the city and state.
for financial account numbers, use only the last four digits; for names of minor children, use only their initials; for dates of birth, use only the year; and (in criminal cases) for home addresses, use only the city and state.
Civil cases
Page 3 | SAFEGUARDING PERSONAL INFORMATION
The Judicial Conference of the United States has implemented policies to protect sensitive private information about parties, witnesses, and others involved in a civil, criminal, or bankruptcy case. To that end, all documents filed with the court and made available to the public, whether electronically or on paper, should limit certain information as follows: for Social Security numbers, use only the last four digits; for financial account numbers, use only the last four digits; for names of minor children, use only their initials; for dates of birth, use only the year; and (in criminal cases) for home addresses, use only the city and state.
The Judicial Conference of the United States has implemented policies to protect sensitive private information about parties, witnesses, and others involved in a civil, criminal, or bankruptcy case. To that end, all documents filed with the court and made available to the public, whether electronically or on paper, should limit certain information as follows: for Social Security numbers, use only the last four digits; for financial account numbers, use only the last four digits; for names of minor children, use only their initials; for dates of birth, use only the year; and (in criminal cases) for home addresses, use only the city and state.
Civil cases
Page 3 | SAFEGUARDING PERSONAL INFORMATION
Pre-Motion Conference Requirements
Before filing discovery motions, lead counsel must confer in good faith; if no agreement, call the hotline; if magistrate unavailable, call Judge Clark's chambers.
Before filing a motion to compel, a motion to quash, or a motion for protection from discovery, lead counsel must confer in good faith concerning the disputes. If agreement can not be reached, counsel should call the hotline. If the magistrate judge on duty is not available within a reasonable time, counsel should call this court and determine whether Judge Clark is available for a phone conference.
Civil cases
Page 5 | DISCOVERY DISPUTES
Counsel must confer on deposition objections
Opposing counsel shall confer to determine whether objections can be resolved without a court ruling.
Civil cases
Review E-Discovery model order before contacting hotline or filing electronic discovery motions.
In cases involving disputes over extensive electronic discovery counsel for both sides shall review the court's [Model] Order Regarding E-Discovery in Patent Cases before contacting the Hotline or filing motions to compel or to quash.
Civil cases
5-day conference requirement for motions in limine disputes
Opposing counsel shall confer in an attempt to resolve any dispute over the motions in limine within five calendar days of the filing of any response.
Civil cases
Counsel must confer on video deposition objections before court
Counsel must consult on any objections, and only those which cannot be resolved shall be presented to the court.
Civil cases
Good faith conference required before filing discovery motions, then call hotline if unresolved.
Before filing a motion to compel, a motion to quash, or a motion for protection from discovery, lead counsel must confer in good faith concerning the disputes. If an agreement can not be reached, counsel should call the hotline.
Civil cases
Respond only to objected items in motions in limine; confer within 5 days to resolve disputes.
To save time and space, respond only to items objected to. All others will be considered to be agreed. Opposing counsel shall confer in an attempt to resolve any dispute over the motions in limine within five calendar days of the filing of any response. The parties shall notify the court of all issues which are resolved.
Civil cases
Page 9 | Deadlines
Opposing counsel must confer to resolve deposition objections before court ruling.
Opposing counsel shall confer to determine whether objections can be resolved without a court ruling. The court needs a copy of the pertinent deposition to rule on any objection.
Civil cases
Page 10 | Deadlines
Before calling the magistrate judge or this court on any dispute arising outside of a deposition, any attorney would be well advised to list, in about a half a page, the key points counsel wishes to make, any pertinent record references, and the applicable rule provision, statute, or case that supports counsel's position.
Before calling the magistrate judge or this court on any dispute arising outside of a deposition, any attorney would be well advised to list, in about a half a page, the key points counsel wishes to make, any pertinent record references, and the applicable rule provision, statute, or case that supports counsel's position.
Civil cases
Adjournment & Extension Requirements
Rule 16 management conference set for 50 days after order, no continuances without good cause.
The case is SET for a Rule 16 management conference on [insert date: 50 days after date of this Order], in Courtroom #2, Jack Brooks Federal Building, 300 Willow Street, Beaumont, Texas. Lead counsel for each party, with authority to bind their respective clients, and all unrepresented parties, shall be present. Continuance of the management conference will not be allowed absent a showing of good cause.
Civil cases
Page 1 | ORDER GOVERNING PROCEEDINGS
7-day response period for video deposition objections
All other parties will have seven calendar days to serve a response with any objections and requesting line and page numbers to be included in the video.
Civil cases
Continuance of the Rule 16 management conference requires a showing of good cause.
Continuance of the management conference will not be allowed absent a showing of good cause.
Civil cases
Page 1 | ORDER GOVERNING PROCEEDINGS
Chambers Communication Rules
Plaintiff's counsel must immediately notify court upon settlement.
Plaintiff’s counsel shall immediately notify the court upon settlement.
Civil cases
Page 6 | SETTLEMENT
Parties must notify court at least one month before final pre-trial conference when commissioning mock trials/focus groups, including methodology and participant count.
When a party decides that it will, or is likely to, commission such a study, the party shall notify the court. Notice shall be provided at least one month prior to the final pre-trial conference. The notification may be in camera, and shall include a brief description of the study’s methodology and the expected number of citizen participants. The party shall also notify the court in camera when the study has been completed.
Page 1 | STANDING ORDER RC-47
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.
Page 3 | COVID-19 Courthouse Entry Protocols
Plaintiff's counsel must immediately notify the court when a settlement is reached.
Plaintiff’s counsel shall immediately notify the court upon settlement.
Civil cases
Page 6 | SETTLEMENT
For other District Court matters, contact Deputy Clerk in Charge at (409) 654-7000.
For any other District Court matters, please contact the office of the Deputy Clerk in Charge of the Lufkin and Beaumont Divisions at (409) 654-7000.
Page 3 | COVID-19 Courthouse Entry Protocols
A magistrate judge hotline is available during business hours for immediate resolution of discovery disputes; the hotline number is (903) 590-1198.
A magistrate judge is available during business hours to immediately hear discovery disputes and to enforce provisions of the rules. The hotline is the best means to obtain an immediate ruling on whether a discovery request is relevant to any claims or defenses and on disputes that arise during depositions. The hotline number is (903) 590-1198. See Local Rule CV-26(e).
Civil cases
Page 5 | DISCOVERY DISPUTES
Discovery disputes hotline: (903) 590-1198.
The hotline number is (903) 590-1198. See Local Rule CV-26(e).
Civil cases
Electronic filing HelpLine: 1-866-251-7534.
The electronic filing HelpLine is 1-866-251-7534.
Civil cases