Southern District of Texas Document Filing Requirements

Emergency motions must be styled as 'Emergency Motion for _______' and include the date relief is needed below Local Bankruptcy Rule 9013(b) language.

Source text: Motions that require consideration prior to the standard 25-day review may be styled as an “Emergency Motion for _______.” Emergency motions should be filed using the “Emergency” CM/ECF event code. When filing an emergency motion, (i) please identify the date by which emergency relief is needed just below the language required by Local Bankruptcy Rule 9013(b);

9019 motions must include attached proposed orders for the main case and adversary proceeding.

Source text: Bankruptcy Procedure 9019, the 9019 motion should be filed in the main case only. A proposed form of order in the main case and a proposed form of judgment or order in the adversary proceeding should be attached to the 9019 motion.

Chapter 7 fee applications must include a narrative description of services, copies of all fee statements, and a proposed order.

Source text: Applications must (i) include a narrativedescription of the services performed and the benefits of those services and (ii) attach copies of all fee statements and a proposed form of order.

Chapter 11/12 fee applications must include a specified table on the first page of the application.

Source text: Applications for compensation and reimbursement in cases under chapters 11 or 12 must include a table containing the following information on the first page of the application: Name of Applicant: Applicant’s Role in Case: Date Order of Employment Signed: mm/dd/yy [Docket No. __] Beginning of Period End of Period Time period covered by this Application: mm/dd/yy mm/dd/yy Time period(s) covered by prior Applications: mm/dd/yy mm/dd/yy Total amounts awarded in all prior Applications: Total fees requested in this Application: Total professional fees requested in this Application: Total actual professional hours covered by this Application: Average hourly rate for professionals: Total paraprofessional fees requested in this Application: Total actual paraprofessional hours covered by this Application: Average hourly rate for paraprofessionals: Reimbursable expenses sought in this application: Total to be Paid to Priority Unsecured Creditors: Anticipated % Dividend to Priority Unsecured Creditors: Total to be Paid to General Unsecured Creditors: Anticipated % Dividend to General Unsecured Creditors: Indicate whether plan has been confirmed: Y/N (Docket No. __)

Chapter 11/12 fee applications must include a narrative description of services, copies of all fee statements, and a proposed order.

Source text: Applications must (i) include a narrative description of the services performed and the benefits of those services and (ii) attach copies of all fee statements and a proposed form of order.

Approved fixed fee applications in chapter 13 cases do not require subsequent filings.

Source text: Pursuant to the local rules on fee applications, approved fixed fee applications do not require the filing of subsequent applications.

Chapter 13 fee applications must include a specified table on the first page of the application.

Source text: Otherwise, applications for compensation and reimbursement in cases under chapter 13 must include a table containing the following information on the first page of the application: Name of Applicant: Applicant’s Role in Case: Pre-Confirmation Services [_____] Post-Confirmation Services [_____] Beginning of Period End of Period Time period covered by this Application: mm/dd/yy mm/dd/yy Time period(s) covered by prior Applications: mm/dd/yy mm/dd/yy Total amounts awarded in all prior Applications: Amount of retainer received in this case: Total fees requested in this Application: Total professional fees requested in this Application: Total actual professional hours covered by this Application: Average hourly rate for professionals: Total paraprofessional fees requested in this Application: Total actual paraprofessional hours covered by this Application: Average hourly rate for paraprofessionals: Reimbursable expenses sought in this application: Amount of Attorney Fees provided in Plan: Total to be Paid to General Unsecured Creditors: Anticipated % Dividend to General Unsecured Creditors:

Proposed orders accompanying fee applications must include a specific decretal paragraph detailing the fee period, fees, expenses, and total amount.

Source text: The proposed order must include the following decretal paragraph: It is ordered that [name of applicant], is awarded fees and expenses as an administrative expense for the period _______________ through ___________________ as follows: Fees: $____________________________ Expenses: $____________________________ Total: $____________________________

Emergency motions must be styled as “Emergency Motion for _______”, filed with “Emergency” CM/ECF code, include required date and explanation of emergency need and harm.

Source text: Motions that require consideration prior to the standard 25-day review may be styled as an “Emergency Motion for _______.” Emergency motions should be filed using the “Emergency” CM/ECF event code. When filing an emergency motion, (i) please identify the date by which emergency relief is needed just below the language required by Local Bankruptcy Rule 9013(b) and (ii) include an explanation in the body of the motion setting forth why emergency consideration is required and the harm that will be suffered if emergency relief is not obtained.

9019 motions for adversary proceeding settlements must be filed in the main case with attached proposed orders for both the main case and adversary proceeding.

Source text: If a settlement is in an adversary proceeding and requires approval pursuant to Federal Rule of Bankruptcy Procedure 9019, the 9019 motion should be filed in the main case only. A proposed form of order in the main case and a proposed form of judgment or order in the adversary proceeding should be attached to the 9019 motion.

Chapter 7 fee applications must include a specified table with required information on the first page of the application.

Source text: Applications for compensation and reimbursement in cases under chapter 7 must include a table containing the following information on the first page of the application: Name of Applicant: Applicant’s Role in Case: Date Order of Appointment Signed: __/__/__ (Docket No. ___) Beginning of Period End of Period Time period covered by this Application: __/__/__ __/__/__ Time period(s) covered by prior Applications: __/__/__ __/__/__ Total amounts awarded in all prior Applications: Total fees requested in this Application and in all prior Applications: Total fees requested in this Application: Total professional fees requested in this Application: Total actual professional hours covered by this Application:

All fee applications must include a narrative description of services and benefits, attach all fee statements, and include a proposed order.

Source text: Applications must (i) include a narrative description of the services performed and the benefits of those services and (ii) attach copies of all fee statements and a proposed form of order.

Fee applications in chapters 11 or 12 must include a specified table on the first page of the application.

Source text: Applications for compensation and reimbursement in cases under chapters 11 or 12 must include a table containing the following information on the first page of the application: Name of Applicant: Applicant’s Role in Case: Date Order of Employment Signed: mm/dd/yy [Docket No. __] Beginning of Period End of Period Time period covered by this Application: mm/dd/yy mm/dd/yy Time period(s) covered by prior Applications: mm/dd/yy mm/dd/yy Total amounts awarded in all prior Applications: Total fees requested in this Application:

Approved fixed fee applications in chapter 13 cases are exempt from filing subsequent fee applications.

Source text: Pursuant to the local rules on fee applications, approved fixed fee applications do not require the filing of subsequent applications.

Chapter 13 fee applications (except approved fixed fee) must include a specified table on the first page of the application.

Source text: Otherwise, applications for compensation and reimbursement in cases under chapter 13 must include a table containing the following information on the first page of the application: Name of Applicant: Applicant’s Role in Case: Pre-Confirmation Services [_____] Post-Confirmation Services [_____] Beginning of Period End of Period Time period covered by this Application: mm/dd/yy mm/dd/yy Time period(s) covered by prior Applications: mm/dd/yy mm/dd/yy Total amounts awarded in all prior Applications: Amount of retainer received in this case: Total fees requested in this Application:

Proposed orders filed with fee applications must contain a specific decretal paragraph detailing the applicant, period, fees, expenses, and total amount.

Source text: The proposed order must include the following decretal paragraph: It is ordered that [name of applicant], is awarded fees and expenses as an administrative expense for the period _______________ through ___________________ as follows: Fees: $____________________________ Expenses: $____________________________ Total: $____________________________

All motions must be accompanied by a proposed form of order.

Source text: Attach proposed forms of order to all motions.

Notice of hearing must include a certificate of service provided by the movant.

Source text: Notice of the date of a hearing must be provided by the movant and a certificate of service

Motions must include a certificate of service; if the court sets the hearing date, notice must be given within two business days with a certificate of service filed.

Source text: provided when the motion is served and a certificate of service must be included with the motion. If the date is set by the Court, notice must be given within two business days and a certificate of service must be filed.

Continuance motions before Judge Rodriguez must include a proposed order uploaded when the motion is filed.

Source text: In addition, to obtain a continuance of a hearing before Judge Rodriguez: F. a proposed form of order granting the continuance must be uploaded when the motion is filed;

Briefs or memoranda granted leave to exceed 20 pages must include a table of contents summarizing all points raised.

Source text: When such leave is granted, a table of contents containing a summary of all points raised shall be included with the brief or memorandum.

Marked amended documents must be filed as an attachment to the corresponding unmarked amended document.

Source text: The marked amended document must be filed as an attachment to the unmarked version of the amended document.

Emergency motions must use the CM/ECF emergency motion event code and include the date emergency relief is needed below BLR 9013(b) language.

Source text: Emergency Motions should be filed using the CM/ECF event code for an “emergency motion.” You must identify the date by which emergency relief is needed just below the language required by BLR 9013(b).

Expedited motions must be styled as “Expedited Motion for ____”.

Source text: Motions that are not an emergency, but which require consideration prior to the standard 23 day review may be styled as “Expedited Motion for ____.”

Expedited motions must include the needed relief date below BLR 9013(b) language, explanation of expedited need, and harm if relief is not granted.

Source text: When filing an expedited motion, please identify the date by which the expedited relief is needed just below the language required by BLR 9013(b) and include an explanation in the body of the motion setting forth why expedited consideration is required, and the harm that will be suffered if expedited relief is not obtained.

Proposed orders must be submitted with all motions.

Source text: Proposed forms of orders must be submitted along with all motions and with all oppositions to motions.

Discovery motions must include supporting memorandum, affidavit of counsel detailing extrajudicial attempts, and only necessary materials.

Source text: Such motions shall be accompanied by supporting memorandum and an affidavit of counsel setting forth what extrajudicial means have been attempted to resolve the discovery dispute, including a statement that the movant has met in person or by telephone with opposing counsel, or has offered in writing to meet in person or by telephone with opposing counsel on one or more specific dates, and the offer has been refused, or that the movant has not received a written response to the offer. Only those specific portions of the discovery requests, or materials reasonably necessary to a resolution of the motion, shall be included with the motion.

Motions for continuation or imposition of automatic stay must serve notice and copies on certain attorneys representing the opposing party within one year of the case petition filing.

Source text: In addition to any requirements under applicable law, the Federal Rules of Bankruptcy Procedure, and the Local Rules, with respect to a party against which the continuation or imposition of the automatic stay is sought, notice and copies of a motion made in accordance with Court Procedure VII § (b) shall be served upon (1) any attorney that represented such party in any bankruptcy case pending in connection with the debtor within one year before the filing of the petition commencing the case, and (2) any attorney that represented such party in any foreclosure, repossession, or other action to enforce a claim against property of the debtor within one year before the filing of the petition commencing the case.

Fee applications must include a proposed order that recites the requested fees and expenses.

Source text: A proposed form of order which specifically recites the amounts requested in fees and in expenses.

Fee applications must include sufficiently detailed copies of all fee statements for Court review of time expended.

Source text: Attached copies of all fee statements which shall be sufficiently detailed to allow the Court to determine whether all the time, or any portion thereof, is actual, reasonable and necessary.

Fee applications with total fees and expenses over $2,000 must include a narrative description of services and their benefits.

Source text: If total fees and expenses for applicant from this and all prior applications exceed $2,000, a narrative description of the services performed and the benefits of those services.

Fee applications must include a proposed order containing the specified decretal paragraph with fee, expense, total, and retainer fields.

Source text: A proposed form of order that contains the following decretal paragraph: It is ordered that [name of applicant], is awarded fees and costs as an administrative expense for the period mm/dd/yy through mm/dd/yy as follows: Fees: $_________ Expenses: $_________ Total: $_________ [Name of applicant] is authorized to apply its retainer in the amount of $_________ against the awarded compensation.

Proposed orders for fee applications must include the specified decretal paragraph detailing awarded fees, expenses, and retainer application.

Source text: It is ordered that [name of applicant], is awarded fees and costs as an administrative expense for the period mm/dd/yy through mm/dd/yy as follows: Fees: $_________ Expenses: $_________ Total: $_________ [Name of applicant] is authorized to apply its retainer in the amount of $_________ against the awarded compensation.

Retainer/employment agreements for estate professionals must justify listed items (attorneys' liens, late charges, etc.) or they will not be approved.

Source text: Judge Rodriguez generally does not approve the following items frequently found in retainer/employment agreements unless the professional has convincingly justified them in the application itself: attorneys' liens (or other liens) for unpaid bills; late charges/interest; exculpation or limitation/waiver of liability; mandatory arbitration of fee disputes or malpractice claims; provisions that state payment is due upon invoicing; and provisions that allow counsel to withdraw as counsel for debtors-in-possession without court approval

Employment orders must state that fees and expenses are subject to court approval and requests are governed by the Court’s Compensation Guidelines.

Source text: Employment orders should reflect that fees and expenses are subject to court approval and any request for allowance and payment of such fees is subject to the Court’s Guidelines for Compensation and Expense Reimbursement of Professionals and Trustees.

Auctioneer employment applications must specify no buyers’ premium is permitted, as such premiums and labor cost recovery are normally not allowed.

Source text: Judge Rodriguez will normally not allow auctioneers to recover labor costs or to charge a buyers’ premium. Any application to employ an auctioneer should reflect the specify that no such premium is permitted.

Real estate professional employment applications must include an agreement not to represent buyers, and proposed orders must reflect the dual agency prohibition.

Source text: Judge Rodriguez will normally not allow real estate professionals representing the estate (as seller) to represent buyers.2 Any application to employ a real estate professional should reflect the agreement of the professional that they will not represent the buyer, and the proposed form of order should likewise reflect the prohibition against dual agency.

Proposed orders for real estate professional employment must reflect the prohibition against dual agency.

Source text: the proposed form of order should likewise reflect the prohibition against dual agency.

Objections to Proof of Claim must attach a copy of the Proof of Claim, in addition to BLR 3007-1 requirements.

Source text: In addition to the requirements of BLR 3007-1, when an objection to a Proof of Claim is filed, a copy of the Proof of Claim must be attached to the objection.

Chapter 11 and 12 fee applications must include a numbered table with specified information starting on the first page of the application.

Source text: Applications for compensation and reimbursement in cases under chapter 11 or 12 must contain the following information. If additional information is required, the Court will request a supplement. A numbered table containing the following information, which shall begin on the first page of the application: Name of applicant: Applicant’s professional role in case: Indicate whether this is an interim or final application: Date Order of Employment Signed: mm/dd/yy [ECF No. ____] Beginning of Period Ending of Period Total period covered in application: mm/dd/yy mm/dd/yy Time periods covered by any prior applications mm/dd/yy mm/dd/yy Total amounts awarded in all prior applications $ Amount of retainer received in the case $ Total fees applied for in this application and in all prior $ applications (including any retainer amounts applied or to be applied) Total fees applied for in this application (including any retainer $ amounts to be applied) Total professional fees requested in this application $ Total professional hours covered by this application

Fee applications must attach detailed copies of all fee statements.

Source text: Attached copies of all fee statements which shall be sufficiently detailed to allow the Court to determine whether all the time, or any portion thereof, is actual, reasonable, and necessary.

Proposed confirmation orders must be filed and revisions circulated to relevant parties.

Source text: To provide notice of this process, Judge Rodriguez expects that proposed confirmation orders should be filed, and as revisions are made, that such revisions be circulated to the Court, counsel for any official committees, the Office of the United States Trustee, and any parties having objected to the plan or in active negotiations regarding provisions of the plan.

Omnibus objections must comply with Bankruptcy Rules 3007(d) and (e).

Source text: When filing omnibus objections, please remember to comply with Bankruptcy Rules 3007(d), (e).

Cash collateral motions must include a proposed order and attachments summarizing projected revenue and line item expense budgets (weekly for emergency motions, monthly for other motions).

Source text: As required by FED. R. BANKR. P. 4001(b)(1)(A), cash collateral motions (including emergency motions), should be accompanied by a proposed form of order, which ordinarily should be attached as an exhibit to the motion. The motion and/or order should include, as an attachment, a summary of projected revenue and a line item expense budget during the proposed cash collateral period. The budget ordinarily should be weekly for emergency motions and monthly for other motions.

Cash collateral motions seeking certain order provisions must specifically disclose such relief in the motion notice.

Source text: If a motion seeks entry of an order containing any of the above provisions, the notice of the motion should specifically disclose that the motion seeks such relief.

Notice of Removal must include a formatted index filed as separate CM/ECF document, with state court documents in chronological order and state docket as Exhibit 1.

Source text: Upon filing a Notice of Removal, pursuant to FED. R. BANKR. P. 9027 and BLR 9027-1, 9027-2, the Court requires that an index of the state court documents attached to the Notice of Removal be included in a particular format in order to appropriately organize and allow the Court and other parties to easily access state court documents. The state court documents must be in chronological and ascending order and track the state court docket numbers. The state court docket must be attached as Exhibit No. 1 to the Notice of Removal. Exhibit No. 2 of the Notice of Removal should be the first document filed in state court, so forth and so on. The Index must be filed as a separate CM/ECF document and clearly identify each exhibit and title of each of the state court documents attached to the Notice of Removal. In the Index, the state court docket must be labeled as Exhibit No. 1 to the Notice of Removal.

All pleadings must be signed and dated.

Source text: Sign and date pleadings.

Proposed forms of order must not be filed without a motion, except Chapter 13 wage orders which require the Debtor's signature.

Source text: Do not submit a proposed form of order without a motion. (Exception: Chapter 13 wage orders may be submitted without a motion, but must bear the signature of the Debtor).

Proposed orders for motions to modify, reinstate, or sell must not include attorney fees not applied for.

Source text: Forms of order (e.g. motions to modify, motions to reinstate, motions to sell) should not allow attorney fees as to which there has been no fee application.

Chapter 13 Plans must specify the month and year for each payment.

Source text: Chapter 13 Plans must have month and year for each payment, e.g. (Jan. 2016).

Mediation requires filing a motion for agreed entry with an accompanying order designating the mediator and agreed conditions.

Source text: The parties must file a motion for agreed entry with an accompanying agreed order. The order must designate a mediator and set forth any specific conditions the parties have agreed to and want included in the order.

Mediation orders must include specific language appointing Judge Rodriguez and outlining his official capacity and immunities.

Source text: The order must have, at a minimum, the following language: The Honorable Eduardo V. Rodriguez is appointed as mediator in this case. At all times in the performance of his mediation duties, Judge Rodriguez will be acting in his official capacity as a United States Bankruptcy Judge, with all of the privileges and immunities of a United States Bankruptcy Judge.

Debtor must file Chapter 11 Status Conference Statement 14 days prior to status conference, addressing specified topics a through q.

Source text: Not later than fourteen (14) days prior to the status conference set by the Order, Debtor must file a Chapter 11 Status Conference Statement with the Clerk of Court that addresses the following: a. the efforts the debtor has undertaken and will undertake to attain a consensual reorganization plan; b. any complications the debtor anticipates in promptly proposing and confirming a plan, including any need for discovery, valuation, motion practice, claim adjudication, or adversary proceeding litigation; c. an outline of the proposed plan; d. a description of the nature of the debtor’s business or occupation, the primary place of business, the number of locations from which it operates, and the number of employees or independent contractors it utilizes in its normal business operations and the goals of the reorganization plan; e. any motions that the debtor contemplates filing or expects to file before confirmation; f. any objections to any claims or interests the debtor expects to file before confirmation and any potential need to estimate claims for voting purposes; g. the business, financial, and other problems that prompted the filing of this case; h. attendance at a meeting of creditors pursuant to 11 U.S.C. § 341(a); i. the estate’s need for professionals (e.g., attorneys, accountants, brokers, etc.); j. whether the debtor is current on the filing of all required tax returns; k. unique issues concerning secured debt, employees, cash collateral, executory contracts, and existing management; l. postpetition operations and revenue; m. status of any litigation pending in or outside this Court; n. compliance with requests for information from the United States Trustee including, but not limited to, requests made in the initial debtor interview; o. type and adequacy of insurance coverage; p. Debtor-In-Possession Bank Account; q. any other matters that might materially affect the administration of this case.

Master Service List must initially include specified parties and add any party filing a Notice of Appearance.

Source text: The Master Service List should initially include: (a) the Office of the United States Trustee for the Southern District of Texas; (b) the debtor; (c) the attorneys for the debtor; (d) the Subchapter V Trustee, (e) the debtor’s secured lenders; (f) the debtor’s twenty (20) largest unsecured creditors; (g) those persons who have formally appeared in the chapter 11 case and requested service pursuant to Federal Bankruptcy Rule 2002; (h) all applicable government agencies to the extent required by the Bankruptcy Rules and the Local Rules; and (i) any known counsel for (d) – (h). Any party in interest that files a Notice of Appearance must be added to the Master Service List.

Certificates/affidavits of service for parties served under this section must include actual email or regular mail address for each served party.

Source text: Each certificate/affidavit of service must include the actual e-mail or regular mail address for each party that is served under this section unless otherwise ordered.

Debtor’s interim cash collateral/DIP financing motions must include pre-petition lien summary, 4-week line-item budget, and all financing terms.

Source text: 27. On motion by the Debtor, a hearing will be conducted as a First Day hearing to consider either interim cash collateral use and/or interim debtor-in-possession financing. The Debtor’s motion must contain a summary of all parties that hold a pre-petition lien or security interest in the Debtor’s accounts or proceeds (including any liens of the Internal Revenue Service or other taxing authorities). The Debtor must introduce a detailed, line-item budget/cash flow projection showing sources of cash and uses of cash necessary for ongoing operations on a weekly basis for not less than the first four (4) weeks (thirty (30) days) of the Subchapter V case including adequate protection payments (if any), insurance, taxes, professional fees, and Subchapter V Trustee deposits. Financing motions shall also include in the body of the motion and in an attached summary all terms and provisions including: amount, rate, payment, adequate protection, cross-collateralization, default provisions, carve-outs, roll-ups, releases, limits on the Debtor’s rights, priming liens, and any other term or provision that impacts the rights, duties, or obligations of the Debtor, the Bankruptcy Estate, the Subchapter V Trustee, the U.S. Trustee, the Court, any secured creditor, and/or any other parties.

Debtor must file 120-day line-item budget/cash flow projection at least 5 days prior to final cash collateral/financing hearing.

Source text: 28. At least five (5) days prior to the final hearing on cash collateral and/or financing, the Debtor must file a detailed, line-item budget/cash flow projection showing sources of cash and uses of cash necessary for ongoing operations for one hundred twenty (120) days of the Subchapter V case including adequate protection payments (if any), insurance, taxes, professional fees, and Subchapter V Trustee deposits and file a proposed form of final order along with a redline showing edits compared to the interim order.

UCC Lien Search conducted within 10 days prior to petition date must be filed with any cash collateral or DIP financing motion.

Source text: 29. Simultaneously with the filing of any motion to use cash collateral and/or motion for debtor-in-possession financing, the Debtor must file with the Court a UCC Lien Search from the applicable state filing office conducted within ten (10) days prior to the Petition date.

Court approval for professional employment must be requested prior to commencement of work.

Source text: 30. Under § 327, the debtor and, in appropriate circumstances, the trustee may employ professionals, including attorneys, accountants, appraisers or auctioneers to assist the debtor or the trustee in performing trustee duties under title 11. Those professionals may be awarded compensation for actual and necessary services and reimbursement for actual and necessary expenses, pursuant to § 330. The employment of professionals must be approved by the court, and court approval should be requested prior to the commencement of work.18

Professionals must file final applications for compensation.

Source text: 31. Pursuant to § 330, after notice and a hearing, and subject to § 328, the court may award a professional person employed pursuant to § 327 reasonable compensation for actual, necessary services.19 Unless otherwise permitted by the court, a professional may apply for interim compensation and reimbursement of expenses not more than once every 120 days.20 Professionals also are required to file final applications for compensation. Pursuant to Bankruptcy Rule 2016(a), each application for interim or final fees and expenses must include the following: (i) a detailed statement of services rendered, time expended, and expenses incurred; (ii) a statement of the amount of fees and expenses requested; (iii) a statement of payments received or promised for services rendered or to be rendered in any capacity in connection with the case; (iv) a statement of the source of compensation paid or promised; and (v) a statement of whether an agreement or understanding exists for the sharing of compensation received or to be received.

Fee applications not exceeding $1,000 must include a certificate of service on the debtor(s) and Trustee (if the Trustee is not the applicant).

Source text: Fee Applications of not more than $1,000.00 must contain a certificate of service showing service on both the debtor(s) and Trustee if the Trustee is not the applicant. This includes fee applications for accountants and appraisers.

Motions to Continue Hearing must include an affidavit of conference.

Source text: Motion to Continue Hearing must include an affidavit of conference.

All motions, applications, objections, and responses must include a proposed order, with failure risking motion denial.

Source text: Each motion, application, objection, and response filed with the court must be accompanied by a proposed order pursuant to BLR 9013-1(h). Failure to file a proposed order can be grounds for denial of the motion.

Emergency motions must contain a detailed emergency statement, relief date, accuracy certification, and BLR 9013-1 required language.

Source text: The motion must include a detailed statement why an emergency exists and the date relief is needed to avoid the consequences of the emergency. The motion seeking an emergency hearing must be certified for its accuracy by the party seeking the emergency relief or by its counsel. Emergency motions must include the language required by BLR 9013-1.

Pleadings must state with particularity the relief requested and grounds for relief.

Source text: rules require pleadings state with particularity the relief requested and the grounds for such relief, and require the pleadings be served in the same manner as a summons and complaint under Fed. R. Bank. P. 7004.

All non-trial motions must be written, state particularity grounds and relief, and include facts, statutory framework, legal arguments, and specific relief.

Source text: All motions, except those made at trial, must be made in writing and state with particularity the grounds supporting the motion and the relief or order sought. Motions should address each issue presented and follow with the pertinent facts, statutory framework, legal arguments, and the specific relief requested.

If not all parties agree to non-evidentiary status conference for proof of claim objections, request must be by motion with affidavit of consent efforts.

Source text: When all parties do not agree to a non-evidentiary status conference, a request for conference may only be requested by motion, and such motion requires an affidavit indicating the efforts the parties took to obtain consent to the conference.

Cash collateral motions must include concise relief statement and specified details on interested entities, purpose, terms, adequate protection, creditor relationship, and budgets.

Source text: A motion for authorization to use cash collateral must consist of a concise statement of the relief requested and must include: (i) the name of each entity with an interest in the cash collateral; (ii) the purposes for the use of the cash collateral; (iii) the material terms, including duration, of the use of the cash collateral; and (iv) any liens, cash payments, or other adequate protection that will be provided to each entity with an interest in the cash collateral or, if no additional adequate protection is proposed, an explanation of why each entity’s interest is adequately protected [i.e., why additional protection is not required]. (v) Any relationship of the creditor to the debtor, the nature and source of the cash collateral, and budgets or cash flow projections.

Cash collateral orders must include five specific findings regarding service, liens, assets, debtor need, and financing terms.

Source text: Orders 1. That debtor has complied with all applicable service requirements. 2. That the secured creditor asserts a lien or interest in cash collateral, the priority of any such lien or the nature of any such interest, and the amount of indebtedness allegedly secured by the cash collateral or the extent of such interest. 3. Identification of the assets that are generating or will generate cash collateral. 4. That debtor has an immediate need for the use of cash collateral or debtor in possession financing, as applicable, including the reason for that immediate need (e.g. to preserve assets of the estate, to fund business operations, to purchase inventory, etc.). 5. That debtor reaffirms the existing terms and conditions of financing documents with secured creditor or other applicable documents establishing an interest in cash collateral.

Sub V Chapter 11 plans must include Financial Projections (Exhibit A) and Liquidation Analysis (Exhibit B).

Source text: There is no required form Sub V Chapter 11 Plan, however, the Court requires that the plan include Financial Projections [Exhibit A] and a Liquidation Analysis [Exhibit B], suggested forms are available for download on the Court’s website.

Applications for compensation must include a chronological listing of all requested compensation time.

Source text: g. Attached to the application shall be a chronological listing of all the time for which the application is requesting compensation,

Applications for compensation must include an itemization of expenses.

Source text: h. An itemization of expenses.

Exhibits to be entered into evidence must be filed on CM/ECF with an exhibit list before the hearing.

Source text: Exhibits that are to be entered as evidence must be filed on CM/ECF with an exhibit list prior to the hearing.

Motion for Default Judgment must be accompanied by a proposed form of Default Judgment.

Source text: After entry of default by the Clerk, the plaintiff may file a Motion for Default Judgment pursuant to Federal Rule of Civil Procedure 55(b)(2), accompanied by a proposed form of Default Judgment.

Exhibit lists must be filed and exchanged prior to hearings per BLR 9013-2.

Source text: Exhibit lists must be filed and exchanged prior to hearings pursuant to BLR 9013-2.

Witness and exhibit lists must be filed as a single document with each exhibit as a separate attachment.

Source text: A witness and exhibit list should be filed as a document, with each exhibit being filed as a separate attachment to the witness and exhibit list.

9019 motions for adversary proceeding settlements must be filed in the main case.

Source text: If a settlement is in an adversary proceeding and requires approval pursuant to Fed. R. Bank. P. 9019, such motion should be filed in the main case only.

9019 motions must include attached proposed main case order and adversary proceeding judgment/order.

Source text: A proposed form of order in the main case and a proposed form of judgment or order in the adversary proceeding must be attached to the 9019 motion.

Consent or agreed orders in Chapter 12 or 13 cases must include the Chapter 12 or 13 Trustee's signature.

Source text: Consent or agreed orders in Chapter 12 or 13 cases require the signature of the Chapter 12 or 13 Trustee.

Motions to amend signed orders must be filed with the proposed amended order.

Source text: The motion to amend should be filed with the proposed amended order.

Motions to amend signed orders must state the exact factual or legal grounds for the amendment.

Source text: The motion should also state the exact factual or legal grounds for an amended order.

Motions for agreed entry must be filed with an accompanying agreed order.

Source text: The parties should file a motion for agreed entry with an accompanying agreed order.

Agreed orders must designate the mediator and include all agreed-upon specific conditions.

Source text: The order must designate a mediator and set forth any specific conditions the parties have agreed to and want included in the order.

Fee applications under chapter 7 must include a proposed form of order.

Source text: D. A proposed form of order.

Movant must provide hearing notice and file a certificate of service; certificate accompanies motion if self-calendared, or is filed within 2 business days if court-set.

Source text: Notice of the date of a hearing must be provided by the movant and a certificate of service must be filed. If a motion is self-calendared, notice of the hearing date must be provided when the motion is served and a certificate of service must be included with the motion. If the date is set by the Court, notice must be given within 2 business days and a certificate of service must be filed.

Chapter 7 fee applications must include a Fee Application Summary table starting on the first page with specified applicant and fee details.

Source text: Applications for compensation and reimbursement in cases under chapter 7 must contain the following information. If additional information is required, the Court will request a supplement: A. A table containing the following information, which shall begin on the first page of the application: Fee Application Summary Name of Applicant: Applicant’s Role in Case: Date Order of Appointment Signed: __/__/__ (Docket No. ___) Beginning of Period End of Period Time period covered by this Application: __/__/__ __/__/__ Time period(s) covered by prior Applications: __/__/__ __/__/__ Total amounts awarded in all prior Applications: Total fees requested in this Application and in all prior Applications: Total fees requested in this Application: Total professional fees requested in this Application: Total actual professional hours covered by this Application: Average hourly rate for professionals: Total paraprofessional fees requested in this Application:

Fee applications under chapter 7 must include attached copies of all fee statements.

Source text: B. Attached copies of all fee statements.

Fee applications under chapter 7 must include a narrative of services if total fees and expenses exceed $2,000.

Source text: C. If total fees and expenses for applicant from this and all prior applications exceed $2,000, a narrative description of the services performed and the benefits of those services.

Fee applications under chapters 11 or 12 must include a fee summary table beginning on the first page.

Source text: A. A table containing the following information, which shall begin on the first page of the application:

Fee applications must include a proposed order containing the specified decretal paragraph.

Source text: D. A proposed order containing the following decretal paragraph: “It is ordered that [name of applicant], is awarded fees and costs as an administrative expense for the period _______________ through ___________________ as follows: Fees: $_______________ Expenses: $____________________________”

Proposed orders must be submitted with all motions.

Source text: Proposed forms of orders must be submitted along with all motions and with all oppositions to motions.

Motions to amend signed orders must be filed with the proposed amended order; submitting only the proposed order is insufficient.

Source text: Parties may only request that a signed order be amended through filing a motion to amend. Merely submitting a proposed amended order is insufficient. The motion to amend should be filed with the proposed amended order.

Rule 9019 motions for adversary proceeding settlements must be filed in the main case and include proposed orders for the main case and proposed judgments for the adversary proceeding.

Source text: If a settlement is in an adversary proceeding and requires approval pursuant to Federal Rule of Bankruptcy Procedure 9019, the 9019 motion should be filed in the main case only. A proposed form of order in the main case and a proposed form of judgment or order in the adversary proceeding should be attached to the 9019 motion.

Settlements must be presented as a written order at the scheduled hearing.

Source text: The proposed settlement should be presented in the form of a written order at the scheduled hearing.

Exhibits must be filed as separate attachments to the Exhibit List on CM/ECF in advance of hearing, and offered into evidence by referencing their CM/ECF docket number.

Source text: In addition to the requirements of Bankruptcy Local Rule 9013-1, exhibits must be filed on CM/ECF in advance of the hearing. Each exhibit must be filed as a separate attachment to the Exhibit List. The Court will review the exhibits from CM/ECF. Exhibits must be offered into evidence by reference to the CM/ECF docket number of the filed exhibit.

Parties filing motions for relief from stay on exempt residences/vehicles in chapter 7/13 cases must comply with BLR 4001(f) and use court-promulgated forms.

Source text: Parties who file motions for relief from the stay onexempt residences or exempt vehicles in chapter 7 and chapter 13 cases must comply with this BLR 4001(f) and must use the forms promulgated by the court from time to time.

Motion must include a certificate of conference.

Source text: Certificate of conference included with motion.

Answers and responses must comply with FRBP 9011, be based on reasonable investigation, not filed for improper purposes, and certain deficient responses cannot prevent default relief.

Source text: Answers must comply with FRBP 9011. Responses must be based on reasonable investigation and must not be filed for delay or other improper purpose. A response stating that the debtors’ attorney has not been able to contact the debtors or a general denial not based on reasonable investigation may not be sufficient to prevent default relief.

Movants must submit a proposed default order with certification of default complying with Form O-3 if no sufficient timely response is filed.

Source text: If a sufficient response has not been timely filed, the movant must submit a proposed form of default order with a certification of default. The proposed form of default order and certification must comply with the Court’s Form O-3 as promulgated from time to time.

Payment history is mandatory for Form M-2 motions.

Source text: Payment history is mandatory

Form O-3 must be submitted only after default, with counsel certifying default only after reviewing the case file and docket sheet.

Source text: (Form O-3) Submit only IF AND AFTER default. Counsel certifies default only after review of file and of docket sheet

Defaulted mortgage payments are prohibited from inclusion on Schedule J.

Source text: Mortgage payment (for defaulted mortgages) should NOT be on schedule J.

Tax returns or tax transcripts must be provided at least 7 days before the § 341 meeting.

Source text: New Bankruptcy Act requires tax returns or tax transcripts to be provided at least 7 days before § 341 meeting.

Two IRS Forms 4506-T must be completed when the client signs the petition, mailed to the IRS with one copy to the chapter 13 trustee and one to the debtor, and must bear original signatures by the debtor and spouse.

Source text: Complete 2 IRS Forms 4506-T when client signs petition and mail them to IRS. chapter 13 trustee’s name and address as recipient and 1 with your name and address as recipient. Must have original signature by debtor and spouse

A certification confirming that Form 4506-T was mailed to the IRS must be filed with the Court.

Source text: File certification with Court that 4506-T has been mailed to IRS.

Requests for Amended Scheduling Order should include a proposed order in the required form with proposed dates.

Source text: Requests for an Amended Scheduling Order should include a proposed Order in this form with proposed dates included.

Restraining order/immediate relief applications must include counsel’s affirmation of opposing party contact and both parties’ availability for a court conference.

Source text: Applications for restraining orders or other immediate relief shall be presented to the Court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the Court.

Motions requiring expedited consideration must include the word “Emergency” in the caption.

Source text: (1) Any motion REQUIRING expedited consideration shall contain “Emergency” in the caption.

Exhibit lists must be included in the Joint Pretrial Order.

Source text: Exhibit lists are to be included in the Joint Pretrial Order.

Exhibits must be marked with offering party's name, case number, and exhibit number, and exchanged among counsel before trial.

Source text: All exhibits must be marked and exchanged among counsel before trial. The offering party shall mark its name, the case number, and the exhibit number on each exhibit to be offered.

Parties must file a Certificate of Interested Parties at least 10 days before the Initial Pretrial Conference.

Source text: A. The parties are required to file with the Court a Certificate of Interested Parties at least 10 days prior to the Initial Pretrial Conference.

Opposed motions must include or be accompanied by legal authority.

Source text: Opposed motions shall B. Include or be accompanied by authority;

All papers must include a certificate of service at the end.

Source text: Papers must have at the end a certificate reflecting how and when service has been made or why service is not required. Federal Rule of Civil Procedure 5(b).

Opposed motions must be accompanied by a separate proposed order granting the requested relief.

Source text: Opposed motions shall C. Be accompanied by a separate proposed order granting the relief requested and setting forth information sufficient to communicate the nature of the relief granted;

Motions under Rule 12(e), 12(f), and 56 must include an averment of conferral and lack of agreement.

Source text: contain an averment that (1) The movant has conferred with the respondent and (2) Counsel cannot agree about the disposition of the motion.

Unopposed motions must display 'unopposed' in the caption.

Source text: Motions without opposition and their proposed orders must bear in their caption “unopposed.” They will be considered as soon as it is practicable.

Responses to motions must include or be accompanied by legal authority.

Source text: Must include or be accompanied by authority;

Responses to motions must be accompanied by a separate form order denying the requested relief.

Source text: Must be accompanied by a separate form order denying the relief sought.

Motions to consolidate must include case numbers, full styles, and assigned judges in the caption.

Source text: Contain in the caption of the motion (1) The case numbers; (2) Full styles; and (3) Judge to whom each of the cases is assigned.

All papers must include a caption containing the filing party's name, designation, and document character.

Source text: LR10.1 Caption. Papers must have a caption, including the name and party designation of the party filing it and a statement of its character, like “Defendant John Doe’s Motion for Partial Summary Judgment.” Federal Rule of Civil Procedure 10(a).

Parties appearing through counsel must designate an attorney-in-charge, with designation effected by signing the pleading.

Source text: LR11.1 Designation. On first appearance through counsel, each party shall designate an attorney-in-charge. Signing the pleading effects designation.

All filed documents must be signed by or with permission from the attorney-in-charge.

Source text: LR11.3 Signing of Pleadings. Every document filed must be signed by, or by permission of, the attorney-in-charge.

Signatures on filed documents must be accompanied by the attorney's name, attorney-in-charge designation, state bar number, SDTX bar number, office address, and phone/fax numbers.

Source text: 11.3.A. Required Information. Under the signature shall appear: (1) attorney’s individual name, (2) designation “attorney-in-charge,” (3) State bar number, (4) Southern District of Texas bar number, (5) office address including zip code, and (6) telephone and facsimile numbers with area codes.

Discovery responses must be preceded by the corresponding interrogatory, request, or question.

Source text: Every answer, objection, or other response to any interrogatory, request for admission, or to produce shall be preceded by the question or request to which the response pertains.

Notices or subpoenas for video-taped depositions must indicate the deposition is by video-tape.

Source text: The notice or subpoena must indicate that the deposition is to be by video-tape to allow anyone desiring stenographic recordation to arrange for it.

Pleadings demanding a jury trial must display the word 'jury' at the top of the first page below the case number.

Source text: Pleadings in which a jury is demanded shall bear the word “jury” at the top, immediately below the case number.

Admitted lawyers must take a specific oath before a U.S. judicial officer.

Source text: I. Oath. On admission, the lawyer will take this oath before any judicial officer of the United States: I do solemnly swear [affirm] that I will discharge the duties of attorney and counselor of this court faithfully, that I will demean myself uprightly under the law and the highest ethics of our profession, and that I will support and defend the Constitution of the United States.

Notices are sent to the address on file; written address change notices must include all pending district case numbers.

Source text: LR83.4. Change of Address. Notices will be sent only to the address on file. A lawyer or pro se litigant is responsible for keeping the clerk advised in writing of the current address. Counsel of record and pro se litigants must include in this advice the case numbers of all pending cases in which they are participants in this district.

Papers in admiralty or maritime jurisdiction cases must include the word 'admiralty' immediately below the case number at the top of the document.

Source text: Papers in cases arising within the admiralty or maritime jurisdiction shall bear the word “admiralty” at the top, immediately below the case number.

Applications to stay execution of a Texas death warrant must include specified state court documents, relief descriptions, prior denial reasons, and exhaustion explanations.

Source text: A. Application Requirements. A party who seeks to stay the execution of a Texas death warrant shall include in the application: (1) A copy of each state court opinion and judgment in the matter; (2) A description of the relief sought from any United States Court, including action number and court name; (3) The reasons for denying relief given by the courts that have considered the matter, by written opinion or portions of the transcript; and (4) An explanation why issues urged in the application have not been raised or exhausted in state court.

Criminal pretrial motions must be written, state basis, include statement of authority, separate proposed order, conference averment, and fact affidavits if needed; unopposed motions must be captioned 'unopposed'.

Source text: CrLR12.2. Form. A pretrial motion shall be in writing and state specifically the basis for the motion. The motion shall be supported by a statement of authority. It shall also be accompanied by a separate order granting the relief requested and by an averment that the movant has conferred with the respondent, but that an agreement cannot be reached on the disposition of the motion. If the motion presents issues of fact, it shall be supported by affidavit or declaration which sets forth with particularity the material facts at issue. An unopposed motion and its order must bear in the captions “unopposed.”

Contested responses to criminal pretrial motions must be written, include authority, controverting affidavit, and separate order denying relief.

Source text: CrLR12.3. Responses. If the respondent contests the motion, the response must be in writing, accompanied by authority and controverting affidavit or declaration of material facts, together with a separate order denying the relief sought.

All criminal pretrial motions must be served on all parties and include a certificate of service.

Source text: CrLR12.4. Service. All motions must be served on all parties and contain a certificate of service.

Motions to waive presentence investigation filed before rearraignment must include factual, criminal history, guideline calculation, and victim/restitution information.

Source text: On motion filed before rearraignment, the Court will consider waiving the preparation of the presentence investigation. The motion shall contain: (1) a factual summary of the defendant’s relevant conduct in committing the offense; (2) a listing of the defendant’s criminal history, including dates of conviction, dispositions, and representation by counsel; (3) guideline calculations leading to the establishment of the total offense level and criminal history category; (4) a statement reflecting the resulting imprisonment, fine and supervised release ranges, as well as any factors that may warrant a departure from these ranges; (5) a statement as to the identity and address of any victim(s) and the amount of restitution due to any victim. In the case of any identified victim where no restitution or only partial restitution is being recommended, the motion shall include a statement justifying the recommendation.

Objections to the presentence report must include proposed changes to offense facts and sentencing guideline interpretations or applications.

Source text: Objections to the report shall include proposed changes to the facts of the offense as reported and to the interpretation and application of the sentencing guidelines.

All objection and non-opposition papers must include a certificate of service on all counsel and a copy filed with the district clerk.

Source text: All papers must contain a certificate of service on all counsel. A copy of the instrument and certificate shall be filed with the district clerk.

Final presentence report must include a certificate of disclosure to all counsel and filing under seal with the district clerk.

Source text: The final report shall contain a certificate that it has been disclosed to all counsel and that a copy has been filed under seal with the district clerk.

Parties must attach two exhibit lists to pretrial order; documentary exhibits must be exchanged before trial except for rebuttal or unanticipated use.

Source text: On a form similar to the one provided by the clerk, each party will attach two lists of all exhibits expected to be offered and will make the exhibits available for examination by opposing counsel. All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated.

Exhibits must include case number as required content.

Source text: Parties must mark their exhibits to include the date and case number on each.

Pretrial order must include statement that settlement efforts are exhausted, case cannot be settled, and must proceed to trial.

Source text: State that all settlement efforts have been exhausted, that the case cannot be settled, and that it will have to be tried.

Proof of service of the Court Procedures and Practices, summons, complaint, and related materials must be filed with the Clerk.

Source text: Proof reflecting service of these materials must be filed with the Clerk.

Motions Pro Hac Vice must be filed at least one week before counsel's planned appearance.

Source text: Motions Pro Hac Vice and Notices of Appearance must be on file a week before counsel plans to appear.

Initial pre-motion letter and all additional briefing on discovery disputes must include a proposed order.

Source text: The initial letter as well as all additional briefing must also include a proposed order.

Parties wishing oral argument must file a separate motion for hearing on the docket.

Source text: If parties wish to have oral argument, a motion for hearing must be filed separately on the docket.

Separate memoranda of law are prohibited; motions must include all supporting argument.

Source text: A party may not file a motion and separate “Memorandum of Law.” The motion itself must include the party’s argument supporting the relief it seeks.

All motions except dispositive motions must include a proposed order per Local Rule 7.1(C).

Source text: Except for dispositive motions, all motions should include a proposed order, pursuant to Local Rule 7.1(C).

All motions must include a certificate of conference detailing prior conferring, opposition status, and if applicable, contact attempts; unopposed/joint motions also require the certificate.

Source text: All motions must contain a certificate of conference stating that counsel and pro se parties have conferred regarding the substance of the relief requested, and stating whether the relief sought is opposed or unopposed. In circumstances where counsel has made at least two attempts to ascertain whether the relief is opposed and must state in the certificate of conference the number of attempts made to contact the opposing party, the method of those attempts (i.e., fax, e-mail, telephone call, postal mail), the date and time of the attempts, and the results obtained thereby. Even motions that may be unopposed, joint, or agreed by two or more parties require a certificate of conference stating that there is no opposition;

Default judgment movants must notify all parties by regular and certified mail per Local Rule 5.5.

Source text: The party seeking the default judgment must notify all parties by regular and certified mail (return receipt requested) in accordance with Local Rule 5.5 of the Southern District of Texas.

Non-paper exhibits must include a cover letter with case style, exhibit details, and associated ECF filing if applicable.

Source text: Any exhibits provided on CDs, USBs, or other non-paper formats must be filed with the Clerk of Court and must include a cover letter clearly indicating the style of the case, the non-paper exhibit being filed, and, if applicable, the electronic filing associated with the exhibit.

Motions in Limine must be tailored to case evidence, not form motions; parties must confer pre-filing and note unopposed requests.

Source text: Prior to filing Motions in Limine, the parties must confer and note for the Court which requests are unopposed. Motions in Limine should not be “form” motions, but rather specifically tailored to the evidence at issue in the case.

Proposed Findings of Fact must cite deposition testimony, expected witness testimony, exhibits, and other evidence.

Source text: For non-jury trials, each party must file (1) Proposed Findings of Facts, citing deposition testimony, expected witness testimony, exhibits, and other evidence, and (2) Proposed Conclusions of Law, citing legal authority to support each conclusion it seeks at trial, fourteen (14) days prior to the docket call.

Supplemental Proposed Findings of Fact must cite specific trial testimony and evidence.

Source text: Following trial and at a time directed by the Court, each party must file Supplemental Proposed Findings of Fact and Proposed Conclusions of Law and provide citations to specific testimony and evidence from trial.

Joint pretrial order must list each party, counsel, counsel's address and telephone number in separate paragraphs.

Source text: List each party, its counsel, and counsel’s address and telephone number in separate paragraphs.

Joint pretrial order must include a brief case statement suitable for jury introduction, with names, dates, and places.

Source text: Give a brief statement of the case, one that the Judge could read to the jury panel for an introduction of the facts and parties; include names, dates, and places.

Joint pretrial order must briefly specify basis for subject matter and party jurisdiction, including unresolved questions.

Source text: Briefly specify the basis for the Court’s jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state it.

Joint pretrial order must list all pending motions.

Source text: List pending motions.

Joint pretrial order must state each party's claims concisely in separate paragraphs.

Source text: State concisely in separate paragraphs each party’s claims.

Joint pretrial order must list all facts requiring no proof.

Source text: List all facts that require no proof.

Joint pretrial order must list all material facts in bona fide controversy.

Source text: List all material facts in bona fide controversy.

Joint pretrial order must list all undisputed legal propositions.

Source text: List the legal propositions that are not in dispute.

Joint pretrial order must state unresolved legal questions with supporting authorities.

Source text: State briefly the unresolved questions of law, with authorities to support each.

Joint pretrial order must include four exhibit lists on Clerk-style forms, with exhibits available before trial except rebuttal/unanticipatable.

Source text: On a separate form similar to the one provided by the Clerk, each party will attach four lists of all exhibits expected to be offered and will make the exhibits available before trial, except for rebuttal exhibits or those whose use cannot be anticipated.

Joint pretrial order must include four witness lists with names, addresses, and testimony summary.

Source text: On a separate form, each party will attach four lists with the names and addresses of witnesses who may be called with a brief statement of the nature of their testimony.

Joint pretrial order must state that all settlement efforts are exhausted and case must be tried.

Source text: State that all settlement efforts have been exhausted, and the case will have to be tried.

Joint pretrial order must state estimated trial length and logistical issues.

Source text: State estimated length of trial and logistical problems, including availability of witnesses, out-of-state people, bulky exhibits, and documentation.

Proposed voir dire questions must be filed as a separate document, captioned, signed by counsel, and with service certified.

Source text: Each party must file as a separate document (captioned, signed by counsel, and with service certified) these required attachments in duplicate.

Joint pretrial order must include proposed findings of fact with agreed and contested findings separated.

Source text: (1) Proposed findings of fact with agreed and contested ones separated.

Joint pretrial order must include conclusions of law with supporting authority.

Source text: (2) Conclusions of law with authority.

Joint pretrial order must be signed by the Attorney-in-Charge for both plaintiff and defendant.

Source text: Approved: _______________________________________ Date:_______________________ Attorney-in-Charge, Plaintiff _______________________________________ Date:_______________________ Attorney-in-Charge, Defendant

A case will be set for trial only if a complete Joint Pretrial Order has been filed.

Source text: a case will be set for trial if the complete Joint Pretrial Order has been filed.

Proposed voir dire questions must be filed with the clerk alongside the Joint Pretrial Order.

Source text: Proposed voir dire questions must be filed with the clerk with the Joint Pretrial Order.

All pretrial motions including motions to suppress must comply with Local Criminal Rule 12; non-compliant motions to suppress are waived and unsupported pretrial motions are not entertained.

Source text: All pretrial motions, including motions to suppress, must comply with Local Criminal Rule 12 (Criminal Pretrial Motion Practice). Motions to suppress not complying with Local Rule 12 will be considered waived. The Court will not entertain unsupported pretrial motions.

Pretrial motions must be written, state specific basis, include statement of authority, and be supported by affidavit or declaration with particularity of material facts if presenting factual issues.

Source text: A pretrial motion shall be in writing and state specifically the basis for the motion. The motion shall be supported by a statement of authority .... If the motion presents issues of fact, it shall be supported by affidavit or declaration which sets forth with particularity the material facts at issue.

Motions to suppress that do not comply with form requirements are waived under Rule 12.1.

Source text: All motions to suppress not complying with the requirements of form will be considered waived pursuant to Rule 12.1.

Factual allegations in motions to suppress and accompanying affidavits must be definite, specific, detailed, and nonconjectural, not based on suspicion or conjecture.

Source text: “Factual allegations set forth in the defendant's motion, including any accompanying affidavits, must be sufficiently definite, specific, detailed, and nonconjectural, to enable the court to conclude that a founded upon mere suspicion or conjecture, will not suffice.” Id.

All motions must include certificates of conference, certificates of service, and a proposed order.

Source text: All motions should include certificates of conference, certificates of service, and a proposed order.

All pretrial motions must include a certificate of conference with specified content, and conference attempts must occur at least two full business days before filing.

Source text: The following requirements now apply to Certificates of Conference under Local Civil Rule 7.1 and Local Criminal Rule 12.2: 1) Parties are expected to make a good faith effort to confer about the disposition of all pretrial motions. All pretrial motions must contain a certificate of conference. 2) A certificate stating that the moving party has been unable to reach agreement with another party will be sufficient only if it specifies: a. The name of the opposing counsel with whom movant’s counsel has conferred or attempted to confer; b. If counsel have not been able to confer, the date and time of all attempts to contact opposing counsel; and c. If counsel have conferred but have been unable to reach agreement, the precise nature of the disagreement. 3) The Court will not consider the conference requirement to be satisfied by an unsuccessful attempt to reach opposing counsel occurring less than two full business days before a motion is filed.

Reply briefs must only address new arguments from the response and not repeat arguments from the motion.

Source text: The reply should not unnecessarily repeat arguments made in the motion and should only respond to any new arguments, authority, or evidence presented by the opposing party in the response.

Responses, replies, and sur-replies must reference the motion's docket entry number, preferably in the first paragraph.

Source text: Responses, replies, and sur-replies must reference the docket entry number of the motion being responded to, preferably in the first paragraph.

Briefs and legal memoranda must be concise, pertinent, and well organized.

Source text: All briefs and memoranda of law must be concise, pertinent, and well organized.

Briefs must include Statement of the Issues, Summary of the Argument, and Conclusion sections.

Source text: Statement of the Issues to be Ruled upon by the Court: a short statement highlighting the issues before the Court with supporting authority and standard of review for each issue. Summary of the Argument: a short summary divided under appropriate headings and succinctly setting forth separate points. Conclusion: a short conclusion stating the precise relief sought.

Briefs or memoranda with over 10 pages of argument must include Table of Contents, Table of Authorities, and Statement of Nature and Stage of Proceeding.

Source text: 3) Any brief or memorandum with more than 10 pages of argument must also contain the following items: Table of Contents: setting forth the page number of each section, including all headings designated in the body of the brief or memorandum. Table of Authorities: listing cases, statutes, rules, textbooks, and other authorities, arranged alphabetically by category. Statement of the Nature and Stage of the Proceeding.

Evidence references in motions must cite specific page/line or page/paragraph numbers.

Source text: M. References to evidence in support of or in opposition to a motion must be specific, citing page and line numbers for depositions, or page and paragraph number for any other type of exhibit.

Pre-motion letters must include a written statement confirming good-faith conferral between counsel.

Source text: The letters must include a written statement that counsel have actually conferred in a good-faith effort to resolve the issues but are unable to reach an agreement.

Rule 12(b)(6) and 12(c) motions require certification of pre-filing notice to opposing party and failed amendment agreement.

Source text: P. No motion to dismiss for failure to state a claim or counterclaim under FED. R. CIV. P. 12(b)(6), or motion for judgment on the pleadings on a claim or counterclaim under FED. R. CIV. P. 12(c), will be considered or decided unless the moving party includes a certification that, before filing the motion, the movant notified the opposing party of the issues asserted in the motion and the parties tried but could not agree that the pleading deficiency could be cured in any part by a permissible amendment offered by the pleading party. The movant may comply with this rule

Motions lacking the required certification may be stricken without further notice.

Source text: A motion that does not contain the required certification may be stricken without further notice.

Discovery motions must include a good-faith conferral statement, or details of conferral attempts if unable to confer.

Source text: hear discovery motions unless moving counsel has advised the Court, in the motion, that counsel have conferred in a good faith effort to resolve the matters in dispute but are unable to reach an agreement. If counsel have been unable to confer because of unavailability or unwillingness of opposing counsel to do so, the statement shall recite the facts concerning attempts to confer.

Counsel must file a joint case management plan at least 14 days before the initial pretrial conference.

Source text: At least 14 days before the conference, counsel must file a joint case management plan including the identity and purpose of witnesses, sources and types of documents, and other requirements for a prompt and inexpensive preparation of the case for disposition by motion or trial. See FED. R. CIV. P. 26(f).

Parties must file exhibit list, objections to exhibits, and witness list for all trials and hearings.

Source text: Parties must file their exhibit list, objections to the exhibits and their witness list for all trials and hearings. (See attached form).

Joint Pretrial Order must be signed by all counsel of record.

Source text: The Joint Pretrial Order must be signed by all counsel.

Documents filed with the Joint Pretrial Order must be captioned, signed by counsel, and include certification of service.

Source text: With the filing of the Joint Pretrial Order, each party must file the following documents separately (captioned, signed by counsel, and with service certified):

Each proposed conclusion of law must cite supporting authority.

Source text: Each proposed conclusion of law must cite supporting authority.

Counsel must notify opposing counsel in writing within 5 business days to authenticate an exhibit, or it is admitted.

Source text: Any counsel requiring authentication of an exhibit must notify counsel in writing within five (5) business days after the exhibit is made available to opposing counsel for examination. Failure to do so is an admission of authenticity.

Exhibits in Final Joint Pretrial Order are admitted unless written objections with authority are filed.

Source text: Subject to Section 11A which controls, the Court will admit all exhibits listed in the Final Joint Pretrial Order into evidence unless opposing counsel files written objections supported by authority pursuant to the requirements of Rule 26(3)(B).

Exhibits must be withdrawn post-trial, with a signed Receipt for Withdrawal of Exhibits, and entered on ECF.

Source text: All exhibits must be withdrawn at the conclusion of the trial by the party that submitted the exhibit. Each party will sign a “Receipt for Withdrawal of Exhibits,” after which all admitted exhibits will be returned to the appropriate party. Each party is responsible for entering their exhibit on the Court’s ECF system.

Counsel must designate deposition portions to be read in the Joint Pretrial Order with page and line citations.

Source text: Counsel will designate the portion of any deposition to be read by citing page and line numbers in the Joint Pretrial Order.

Deposition objections must cite page and line numbers, include supporting authority, and be filed three business days before the final pretrial conference.

Source text: Objections to those portions, citing page and line numbers, with supporting authority must be filed at least three (3) business days before the final pretrial conference.

In non-jury trials, counsel must provide a deposition exhibit list with page and line citations and an edited portion for the Court's use.

Source text: In a non-jury trial, counsel shall provide a list of the portions of the depositions offered as an exhibit, citing page and line numbers and an edited portion of the deposition for the Court’s use and the judge will read all deposition evidence.

Settlement announcements must be in writing and include how court costs are divided.

Source text: Announcements must be received in writing and shall always include how the court costs are to be divided.

Counsel must jointly move to appoint an attorney ad litem for minor plaintiffs upon settlement or prior to ADR if a parent-minor conflict exists.

Source text: Upon settlement of a lawsuit or prior to any mediation or other ADR procedure of a case involving a minor plaintiff, counsel will jointly move for appointment of an attorney ad litem if there is potential conflict of interest between the parent(s) and the minor.

If counsel disagree on an attorney ad litem for a minor plaintiff, each must submit three proposed names for the Court to appoint one.

Source text: If counsel cannot agree on an attorney ad litem, each counsel will submit the names of three proposed attorneys ad litem, and the Court will appoint one.

Removing parties must file a certificate of service and required additional information within 10 days of case removal.

Source text: The removing party must make certificate of service and provide the additional information within ten days of removal.

Consent to proceed before a Magistrate Judge must be submitted using unaltered Form 2 with all instructions followed.

Source text: Use Form 2 to give consent to proceed before the Magistrate Judge. Follow the instructions. Don’t alter the form.

Counsel seeking CM/ECF notices must file a notice of appearance; inclusion in a pleading's signature block does not satisfy this requirement.

Source text: All counsel who wish to receive CM/ECF notices must file a notice of appearance. Inclusion of names in the signature block of a pleading doesn’t constitute notice of appearance.

Pro hac vice applications must include an averment of familiarization with court procedures and Local Rules.

Source text: Include the applicant’s averment of familiarization with these procedures and the Local Rules with any application for pro hac vice admission.

Plaintiff's counsel must file a single, completed Joint Discovery/Case Management Plan signed by all parties, complying with Rule 26(f).

Source text: All parties must sign and counsel for plaintiff must file a single, completed joint plan. Follow Rule 26(f) in all respects.

Continuance requests in criminal cases must include a certificate of conference addressing all parties' positions.

Source text: Include a certificate of conference addressing positions of all parties.

All motions, including dispositive motions, must include a certificate of conference or be subject to denial or striking.

Source text: Make serious, timely, good faith efforts to seek agreement on all disputed matters and requests for relief. This includes dispositive motions. Motions that don’t include a certificate of conference may be denied or stricken.

All nondispositive motions and oppositions must include a proposed order granting or denying the requested relief.

Source text: Include a proposed order granting or denying the requested relief with all nondispositive motions and oppositions.

Separately designated Memoranda of Law are prohibited; all factual support, legal argument, and relief must be included in the motion.

Source text: Don’t file a separately designated Memorandum of Law. Include necessary factual support, legal argument, and requested relief in the motion itself.

Briefs must include a word count certificate following the signature block.

Source text: Provide a certificate of word count following the signature block. Reliance on word-processor register is sufficient in this regard.

All motions must include specified sections: nature/stage, facts, issues, standard of review, argument, conclusion, and succinct headings.

Source text: All motions or similar filings must contain: o A short statement of the nature and stage of the proceeding; o A statement of the facts necessary to resolution of the motion; o A statement of the issues requiring resolution; o A short statement of and authority for the standard of review for each issue; o An argument devoted to relevant, persuasive legal authority; o A short conclusion stating the precise relief sought; and o Succinct headings dividing the motion into the above parts.

Briefs with argument section over 10 pages must include cover sheet, table of authorities, introduction, argument summary, and point headings.

Source text: Submissions with an argument section more than ten pages must also contain: o A separate cover sheet for the case caption and title of the filing; o A table of authorities organizing in categories and arranging alphabetically all cited cases, statutes, rules, textbooks, and other authorities; o A brief introduction of the dispute; o A concise summary of the argument immediately prior to the argument in full; and o Succinct point headings dividing the argument into separate components.

Witness lists must include a concise summary of testimonial topics, whether the witness testifies live or by deposition, and whether testimony is fact, expert, or record custodian.

Source text: o A concise summary of the expected testimonial topics; o Whether the witness will testify live or by deposition; and o Whether testimony is fact, expert, or record custodian.

Each party must file required pretrial filings including exhibit list, witness list, deposition designations, motions in limine, jury examination topics, jury charge (jury trials), proposed findings (bench trials), and trial memorandum.

Source text: a. Required filings. Unless determined otherwise by order, on the date established by rule each party must file: o An exhibit list (Section 22); o A witness list (Section 23); o Designation of deposition excerpts (Section 24); o Motions in limine (Section 25); o Proposed topics and questions for examination of prospective jurors (Section 26); o In jury trials, a proposed jury charge (Section 27); o In bench trials, proposed findings of fact and conclusions of law (Section 28); and o A trial memorandum of law identifying and addressing the legal propositions that are necessary to the disposition and relief sought in the case, with indication of those which aren’t in dispute.

Amended trial exhibit lists must restate complete list with all additions and deletions.

Source text: If a party revises an exhibit list prior to the start of trial, file an amended exhibit list that restates the complete list and includes any additions or deletions.

Parties must jointly submit a written certification of completeness for admitted exhibits.

Source text: The parties must jointly prepare and provide written certification of completeness.

Parties must file a witness list of witnesses they intend in good faith to call in their case-in-chief.

Source text: Each party must file a list of witnesses it intends in good faith to call in its case-in-chief.

Civil cases must file a single joint or unified proposed jury charge even if parties do not fully agree.

Source text: File a single, joint or unified proposed charge even if not agreed in full.

Civil bench trials require parties to file proposed findings of fact and conclusions of law; criminal bench trials do not unless ordered otherwise.

Source text: a. Required filings. In civil trials, the parties must file proposed findings of fact and proposed conclusions of law. trials, no such filings are necessary absent other order.

Proposed findings of fact must include all anticipated findings, citations to supporting evidence, and stipulated or agreed facts.

Source text: b. Proposed findings of fact in advance of trial. Each party must specify all proposed findings that it anticipates establishing at trial. To the extent possible, cite deposition testimony, expected witness testimony, exhibits, or other evidence to support each proposed finding. Specify stipulated or agreed facts.

Proposed conclusions of law must include legal authority citations, agreed propositions, all necessary legal propositions, and minimum required elements including prima facie elements, evidence relations, definitions, and damages details.

Source text: c. Proposed conclusions of law in advance of trial. Each party must cite legal authority to support all proposed conclusions of law it seeks at trial. Specify agreed propositions of law. Each party must set forth all legal propositions necessary to the disposition and relief sought in the case. At a minimum, address the prima facie elements of each cause of action and defense, the relation of necessary evidence to those elements, necessary legal definitions, all components of damages, and methods of calculation of damages.

Each proposed finding of fact in joint supplementation must cite specific trial testimony/evidence or party stipulations.

Source text: As to each proposed finding of fact, citation must be made either to specific testimony and evidence from trial or to a stipulation by the parties.

Each proposed conclusion of law in joint supplementation must follow pretrial conclusion requirements including legal authority citations and minimum elements.

Source text: As to each proposed conclusion of law, follow the guidance provided above as to pretrial proposed conclusions.

All requested jury instructions, definitions, and questions must be supported by legal authority.

Source text: Each side must provide supporting legal authority for all requested instructions, definitions, and questions.

Removing parties must file the certificate of service in removed action within 10 days of the order's entry, using the attached form, serve a copy on all parties, and failure to comply may result in summary remand.

Source text: Within ten days of entry of this Order, the removing party or parties must file the certificate of service in removed action and the statement of information in removed action, as indicated in the attached forms. A copy of both must also be served on all other parties.

Certificate of Service in Removed Action must include case caption, judge name, certification of compliance with the court's removal order, and statement of service of required documents to all parties.

Source text: CERTIFICATE OF SERVICE IN REMOVED ACTION I certify compliance with the Order of the Court entered upon filing of the petition for removal of this action. On , I served on all other parties copies of (1) the Order For Conference and Disclosure of Interested Parties, and (2) the Court’s Procedures and Forms. Respectfully submitted, Date [Signature Block]

Statement of Information in Removed Action must include case caption, judge name, restated bold instructions, the five listed information items, and defendant signature block.

Source text: STATEMENT OF INFORMATION IN REMOVED ACTION Restate each instruction in bold and furnish the requested information. 1. State the date(s) on which defendant(s) or their representative(s) first received a copy of the summons and complaint in the removed state court action. If different, the date on which each defendant was served with a copy of the summons and complaint. 2. In actions removed based on diversity jurisdiction, list the citizenship of all parties, including the citizenship of each member of a partnership or other type of business association such as LLCs and LLPs. Specifically identify whether any defendants who have been served are citizens of Texas. 3. In actions removed based on diversity jurisdiction, state the amount alleged in controversy and the basis for this amount. 4. In actions removed based on diversity jurisdiction pending more than one year in state court, specify why the case should not be summarily remanded. 5. Identify any defendant that did not join in the notice of removal and explain why. Respectfully submitted, Date [Defendant Signature Block]

Sealed motions filed on CM/ECF must have a title with a “SEALED” designation, such as “Motion for Summary Judgment (SEALED)”, not just “SEALED DOCUMENT”.

Source text: with a title and designation of “SEALED” on the CM/ECF System (for example, “Motion for Summary Judgment (SEALED),” and not simply “SEALED DOCUMENT”).

Proof of service (certificate of service) must be filed with the complaint or notice of removal, or the Court may dismiss the case.

Source text: Failure to file proof of service may result in dismissal by the Court on its own initiative. See FRCP 4(m).

Disclosure of interested parties must list all financially interested persons/entities, allow effective group descriptions, underline publicly traded corporation names, and be promptly amended when new parties or interested persons are identified.

Source text: attorneys of record and all persons or entities that are financially interested in this litigation, including parent, subsidiary, and affiliated corporations. An individual listing is not necessary when a group description is effective disclosure. Underline the names of corporations with publicly traded securities. Promptly amend the list whenever new parties or counsel are added or additional interested persons or entities are identified.

Joint Discovery/Case Management Plan must be completed, use the court's attached form, and be filed at least 14 days before the initial pretrial conference by counsel and pro se parties.

Source text: At least 14 days before the initial pretrial conference, counsel and all parties appearing pro se must complete and file the Joint Discovery/Case Management Plan using the form attached to the Court's procedures. See FRCP 26(f).

Joint proposed scheduling and docket control order must be filed as an attachment to the Joint Discovery/Case Management Plan using the court's referenced form when no scheduling order is entered or a different schedule is requested, with parties conferring in good faith and identifying disagreements.

Source text: Prior to the conference, the Court will typically enter a scheduling and docket control order. If none is entered, or if the parties will request a schedule different from one that has been entered, counsel must complete and file as an attachment to the Joint Discovery/Case Management Plan a joint proposed scheduling and docket control order using the form referenced in the Court's procedures. The parties must confer in good faith to seek agreement on deadlines for completion of all pretrial matters. Clearly identify any disagreements with reasons in support of the requests made.

Joint Discovery/Case Management Plan must be filed prior to Rule 16 Conference.

Source text: Prior to any scheduled Rule 16 Conference, the parties must conduct the initial meeting required by Rule 26, make mandatory disclosures in accordance with Rule 26, file the Joint Discovery/Case Management Plan, and submit a proposed Scheduling and Docket Control Order.

Non-dispositive motions must include a Certificate of Conference compliant with Local Rule 7.1(D) to avoid being struck.

Source text: Non-dispositive motions will be automatically struck if they do not include a Certificate of Conference in compliance with Local Rule 7.1(D).

Bench trial proposed conclusions of law must include supporting legal authority citations.

Source text: For bench trials, each proposed conclusion of law will contain citation of legal authority supporting the conclusion.

Bench trial findings of fact must include references to supporting testimony and exhibits.

Source text: Findings of fact shall include references to testimony and exhibits that support the finding.

Bench trial finding references must be supplemented daily at trial close.

Source text: These references shall be supplemented at the close of each trial day during the bench trial.

Joint proposed jury charge instructions must be numbered and include legal authority.

Source text: Each requested instruction must be numbered and presented with authority.

Joint proposed jury charge must include all necessary instructions and definitions.

Source text: The parties shall include in the proposed jury charge all necessary instructions or definitions.

Joint proposed jury charge should conform to pattern instructions; deviations require cited authority.

Source text: Whenever possible, the charge should conform to the Fifth Circuit Pattern Jury Instructions or the Texas Pattern Jury Charge, as modified by case law or statutory amendments. Counsel must identify and provide legal authorities for any proposed deviation from the applicable pattern jury charge.

Joint proposed jury charge must be unified with disagreement notations and supporting authority.

Source text: If the parties cannot, in good faith, agree on all instructions, definitions or questions, the parties should nonetheless submit a single, unified charge with notations of any disagreement. Each disputed item should be labelled to show which party is requesting the disputed language. Accompanying each instruction shall be all authority or related materials upon which each party relies.

Proposed voir dire questions and topics must be included in Joint Pretrial Order.

Source text: The proposed voir dire questions and topics must be included in the Joint Pretrial Order.

All exhibits must be marked and numbered prior to trial.

Source text: Parties shall mark and number all exhibits prior to trial.

Exhibit numbering must correspond to exhibit list in Joint Pretrial Order.

Source text: Such numbering shall correspond to the exhibit list included in the Joint Pretrial Order.

Deposition portions for trial must be designated by page and line in Joint Pretrial Order.

Source text: Counsel must designate the portions of any deposition to be read at trial by citing the page and line reference in the Joint Pretrial Order.

Deposition excerpt objections must include page/line references, authority, and be filed with Pretrial Order.

Source text: Objections to designations of deposition excerpts must be identified by page and line, include supporting authority, and be filed with the Pretrial Order.

Agreed or unopposed motions for continuance must be submitted with a proposed order.

Source text: Parties must notify the court of agreed continuances by submitting an unopposed or agreed motion for continuance along with a proposed order.

Plaintiff must serve these procedures with the summons and complaint and file proof of service.

Source text: Service. Plaintiff must formally serve these procedures with the summons and complaint and file proof of service.

Removing parties must file a certificate of service and additional required information within ten days of removal.

Source text: The removing party must file the certificate of service and provide the additional information within ten days of removal.

Counsel wishing to receive CM/ECF notices must file a notice of appearance; signature block inclusion is insufficient.

Source text: Notice of appearance. All counsel who wish to receive CM/ECF notices must file a notice of appearance. Inclusion of names in the signature block of a pleading does not constitute notice of appearance.

Pro hac vice applications must include the applicant’s averment of familiarization with these procedures and Local Rules.

Source text: Pro hac vice admissions. Include the applicant’s averment of familiarization with these procedures and the Local Rules with any application for pro hac vice admission.

Protective order motions must be filed with a proposed order as an exhibit, after good faith joint conference of parties.

Source text: The parties must jointly confer in good faith regarding appropriate terms for a protective order and file either a joint or opposed motion for entry of a protective order with the proposed order as an exhibit.

Initial disclosures must include Rule 26(a) responsive documents, commence immediately, and not be filed with the Court.

Source text: Initial disclosures. Commence initial disclosures immediately. Include production of copies of all documents responsive to the categories listed in Rule 26(a). Do not file initial disclosures.

Non-dispositive motions must include a certificate of conference confirming good faith dispute resolution efforts; civil motions are struck if missing, criminal motions may be struck.

Source text: Conference and certificate required. Make serious, timely, good faith efforts to seek agreement on all disputed matters and requests for relief except dispositive motions. The Court will strike motions in civil cases—and may strike motions in criminal cases—that do not include a certificate of conference.

Motions must include all factual support, legal argument, and relief requested; separate Memorandum of Law is prohibited.

Source text: Separate memorandum not allowed. Do not file a separately designated Memorandum of Law. Include necessary factual support, legal argument, and requested relief in the motion itself. Put simply, file a single pleading.

Nondispositive motions must include a proposed order prepared using Form 5.

Source text: Proposed orders. Use Form 5 to prepare draft proposed orders. Include a proposed order granting or denying the requested relief with all nondispositive motions and oppositions.

All motions must include a short argument summary, statement of facts, legal argument, conclusion stating relief sought, and succinct headings.

Source text: All motions or similar filings must contain: • A short summary of the argument; • A statement of the facts necessary to resolution of the motion; • An argument devoted to relevant, persuasive legal authority; • A short conclusion stating the precise relief sought; and • Succinct headings dividing the motion into the above parts.

Objections to exhibits must be filed with authority within three business days after the Joint Pretrial Order is filed.

Source text: The Court supersedes time limits set in LR44.1, LR46, and CrLR55.2.B and requires filing of any objections with authority no later than three business days after the date the Joint Pretrial Order is filed.

Exhibit objections must include identification of any exhibits requiring authentication.

Source text: Those objections must include any identification of exhibits requiring authentication.

Responses to exhibit objections must be filed within six business days after the Joint Pretrial Order is filed.

Source text: File any response to objections no later than six business days after the date the Joint Pretrial Order is filed.

Exhibit objections and responses must contain tailored discussion of the exhibit and issues; boilerplate submissions will not be considered.

Source text: Objections must contain tailored discussion of the exhibit and issues. Boilerplate objections or responses will not be considered.

Trial witness lists must use Form 8, be filed with the Joint Pretrial Order, and cannot be amended after filing without agreement.

Source text: Use Form 8 to prepare the trial witness list, which must be filed on the date the Joint Pretrial Order is filed. Witness lists may not be amended or supplemented after this date unless by agreement.

Witness lists must include each witness's full name, address, identifying info, testimonial topics, testimony type (live/deposition), and testimony category (fact/expert/record custodian).

Source text: Each party must file a list of witnesses it intends in good faith to call in its case-in-chief. State for each witness: • Full name, address, and identifying information; • A concise summary of the expected testimonial topics; • Whether the witness will testify live or by deposition; and • Whether testimony is fact, expert, or record custodian.

Objections to witness lists must be filed with authority within three business days after the Joint Pretrial Order is filed.

Source text: File any objections with authority no later than three business days after the date the Joint Pretrial Order is filed.

Motions in limine must include a matching proposed order and be filed on the Joint Pretrial Order filing date.

Source text: File separate motions in limine with a matching proposed order on the same date the Joint Pretrial Order is filed.

Joint proposed jury instructions must be complete and ordered as desired for reading to the jury.

Source text: Submit a complete joint charge with the proposed instructions in the order that you would like them read to the jury.

Agreed jury instructions must note agreement in the heading; disagreeing parties must submit separate instructions.

Source text: Where the parties agree, say so in the heading of that proposed instruction. Where the parties disagree, each party should offer their own proposed instruction in order.

Each jury instruction, definition, and question must include supporting legal authority.

Source text: Present each instruction, definition, and question with supporting legal authority;

Parties must use Fifth Circuit Pattern Jury Instructions whenever possible.

Source text: Use the Fifth Circuit Pattern Jury Instructions whenever possible; and

Deviations from pattern jury instructions must be identified with supporting legal authority.

Source text: Identify with legal support any deviations from the pattern instructions.

Defense must file jury instruction objections or modifications three working days before the Final Pretrial Conference.

Source text: The Defense must file objections or its own supported modifications. These must be filed three working days before the Final Pretrial Conference.

All requested jury instructions, definitions, and questions must be accompanied by supporting legal authority.

Source text: Each side must provide supporting legal authority for all requested instructions, definitions, and questions.

Each party must file proposed findings of fact and conclusions of law when the Joint Pretrial Order is filed.

Source text: Required filings. Each party must file proposed findings of fact and conclusions of law at the time the Joint Pretrial Order is filed.

Proposed findings of fact must include citations to supporting evidence and stipulated facts.

Source text: Proposed findings of fact. Each party must specify all proposed findings it anticipates establishing at trial. To the extent possible, cite deposition testimony, expected witness testimony, exhibits, or other evidence to support each proposed finding. Specify stipulated or agreed facts.

Proposed conclusions of law must include citations to legal authority and agreed propositions.

Source text: Proposed conclusions of law. Each party must cite legal authority to support all proposed conclusions of law it seeks at trial. Specify agreed propositions of law.

Post-trial joint proposed findings of fact and conclusions of law must be filed as a single document.

Source text: Post trial Supplementation. Following trial and at the time directed by the Court, the parties shall file a joint proposed findings of fact and conclusions of law. Submit the proposed findings and conclusions as one document and in the order the parties believe makes the most sense.

Disagreed proposed findings must include citations to specific trial testimony and evidence.

Source text: Also, where the parties do not agree, provide citations to specific testimony and evidence from trial.

Original documents offered must be filed promptly; handing them to the Court or Case Manager does not constitute filing.

Source text: New documents offered. File all original documents as soon as practicable. Handing documents to the Court or Case Manager does not constitute filing.

Counsel and pro se parties must file a certificate of interested parties with the Clerk at least 15 days before the Scheduling Conference, listing all financially interested entities and underlining corporation names.

Source text: Counsel and all unrepresented parties must also file with the Clerk, at least 15 days before the Scheduling Conference, a certificate listing all persons, associations, firms, partnerships, corporations, affiliates, parent corporations, or other entities, including any unincorporated entities such as LLCs or LLPs, that are financially interested in the outcome of this litigation. Underline the name of each corporation

Amended certificate of interested parties must be filed promptly if new interested parties are identified; unincorporated entity certificates must state all members' citizenship.

Source text: persons or entities financially interested in the outcome of the litigation are identified during this litigation, an amended certificate must be filed promptly with the Clerk. If an unincorporated entity is named as a party, the certificate must state the citizenship of every member of that entity.

Joint Discovery/Case Management Plan must state time and location of Rule 26(f) meeting.

Source text: State where and when the parties held the meeting required by Rule 26(f).

Joint Discovery/Case Management Plan must identify counsel who attended Rule 26(f) meeting for each party.

Source text: Identify the counsel who attended for each party.

Joint Discovery/Case Management Plan must specify federal jurisdiction basis and identify disagreeing parties with reasons.

Source text: Specify the basis of federal jurisdiction. Identify any parties who disagree and the reasons.

Joint Discovery/Case Management Plan must identify diversity jurisdiction disputes about amount in controversy.

Source text: For jurisdiction based on diversity, identify any disagreement about the amount in controversy.

Joint Discovery/Case Management Plan must state citizenship of all members/partners for unincorporated entity parties.

Source text: If the case involves an unincorporated entity as a party (such as an LLC, LLP, or partnership), state the citizenship of every member or partner.

Unincorporated entity parties must attach affidavit or declaration of all members' citizenship to Joint Discovery/Case Management Plan.

Source text: Any such party must also attach to this filing an affidavit or declaration establishing the citizenship of every member.

Joint Discovery/Case Management Plan must include general case description and elements of all claims, defenses, and counterclaims.

Source text: Briefly describe what this case is about. In addition, state the elements of each cause of action, defense, and counterclaim.

Joint Discovery/Case Management Plan must list all related state and federal cases with court, case number, and relationship details.

Source text: List all related cases pending in any other state or federal court. Identify the court and case number. Describe how it relates to this case.

Joint Discovery/Case Management Plan must describe class/collective action issues, proposed class definition, and opposition basis.

Source text: Describe any class-action or collective-action issues. Provide the proposed definition of the class. Identify the basis for any opposition.

Joint Discovery/Case Management Plan must list unserved parties and provide firm service date.

Source text: List any unserved parties. State a date certain by which that party will be served.

Joint Discovery/Case Management Plan must list parties to be added, explain reason, and provide date for addition.

Source text: seeking to add them, briefly explain why, and indicate a date by which to do so.

Joint Discovery/Case Management Plan must list and explain anticipated interventions.

Source text: List and briefly explain any anticipated interventions.

Joint Discovery/Case Management Plan must include certification that all parties filed required Disclosure of Interested Persons.

Source text: Certify that all parties have filed the Disclosure of Interested Persons as directed in the Order for Conference and Disclosure of Interested Persons.

Joint Discovery/Case Management Plan must state initial disclosure completion status and provide completion dates if incomplete.

Source text: State whether each party has completed its Rule 26(a) initial disclosures. If not, specify the date by which each party will do so.

Joint Discovery/Case Management Plan must state whether phased discovery was considered.

Source text: State whether the parties considered conducting discovery in phases.

Joint Discovery/Case Management Plan must specify all completed or ongoing discovery.

Source text: Specify any discovery already underway or accomplished.

Joint Discovery/Case Management Plan must describe requested changes to FRCP discovery limitations.

Source text: Describe any requested change to limitations set by the Federal Rules of Civil Procedure as to interrogatories, depositions, or other matters.

Joint Discovery/Case Management Plan must describe discoverable information preservation issues.

Source text: Describe any issues about preservation of discoverable information.

Joint Discovery/Case Management Plan must specify all existing discovery disputes.

Source text: Specify any discovery disputes.

Joint Discovery/Case Management Plan must state whether protective order will be requested and describe confidentiality issues.

Source text: State whether the parties will request a protective order. Describe any issues about confidentiality.

Joint Discovery/Case Management Plan must state whether e-discovery order will be requested and describe ESI issues.

Source text: State whether the parties will request an electronic discovery order. Describe any issues about disclosure or discovery of electronically stored information.

Joint Discovery/Case Management Plan must discuss settlement possibilities and amenability to early mediation or settlement.

Source text: Discuss the possibility for prompt, agreed resolution of the case at the Rule 26(f) meeting. State whether the parties are amenable to early mediation or other settlement attempt.

Joint Discovery/Case Management Plan must state parties' joint position on Magistrate Judge referral for all purposes including trial.

Source text: Indicate the parties’ joint position on referral of this case for all purposes, including trial, to a Magistrate Judge.

Joint Discovery/Case Management Plan must identify parties making jury demands and whether demands were timely.

Source text: Identify any party that has made a jury demand and whether it was timely.

Joint proposed scheduling order must be completed and attached.

Source text: Complete and attach a joint proposed scheduling order.

Joint Discovery/Case Management Plan must include a statement of facts covering case description and elements of all claims, defenses, and counterclaims.

Source text: 3. Case background. a. General description. Briefly describe what this case is about. In addition, state the elements of each cause of action, defense, and counterclaim.

Joint Discovery/Case Management Plan must include a certification that all parties filed the Disclosure of Interested Persons.

Source text: d. Interested persons. Certify that all parties have filed the Disclosure of Interested Persons as directed in the Order for Conference and Disclosure of Interested Persons.

Joint Discovery/Case Management Plan must include a joint proposed scheduling order.

Source text: Complete and attach a joint proposed scheduling order.

Proposed scheduling order must clearly indicate any disagreements with supporting reasons.

Source text: Clearly indicate any disagreements with reasons in support of the requests made.

Joint pretrial orders must be signed by all counsel of record.

Source text: Joint pretrial orders must be signed by all counsel.

Discovery motions must include a statement certifying good faith efforts to confer, with details of the conference or attempts to confer.

Source text: In order to curtail undue delay in the administration of justice, the Court will not hear discovery motions unless moving counsel advises the Court, in the motion, that counsel have conferred in a good faith effort to resolve the matters in dispute but are unable to reach an agreement. The statement shall recite the date, time, and place of such conferences, and the names of all parties participating therein. If counsel has been unable to confer because of unavailability or unwillingness of opposing counsel to do so, the statement shall recite the facts concerning attempts to confer.

Briefs must include alphabetically arranged authorities, statement of proceeding nature, issues with standard of review, argument summary, argument under headings, and conclusion stating relief sought.

Source text: alphabetically arranged. (3) A short statement of the nature and stage of the proceeding. (4) A statement of the issues to be ruled upon by the Court and with respect to each issue a short statement, supported by authority, of the standard of review. (5) A short summary of the argument. (6) The argument shall be divided under appropriate headings succinctly setting forth separate points. (7) A short conclusion stating the precise relief sought.

All appendices must contain a paginated table of contents and be tabbed for easy material location.

Source text: All appendices should contain a paginated table of contents, and should be tabbed to locate easily the materials contained in the appendix.

Parties must bring a proposed docket control order to the initial pretrial conference.

Source text: The parties may agree on additional deadlines for completion of pretrial matters and bring a proposed docket control order with them to the initial pretrial conference.

Proposed jury instructions, definitions, and interrogatories must be numbered, presented on separate sheets, and include supporting authority citations.

Source text: Each requested instruction, definition, and interrogatory must be numbered and presented on a separate sheet of paper with the citation of authority upon which counsel rely.

Trial will be set only upon filing of a complete Joint Pretrial Order.

Source text: the case will be set for trial if the complete Joint Pretrial Order has been filed.

Counsel must file a Joint Discovery and Case Management Plan using Appendix C form at least 3 business days before the Initial Pretrial Conference.

Source text: At least 3 business days before the Initial Pretrial Conference, counsel must file a Joint Discovery and Case Management Plan, using the form Appendix C (sample Joint Discovery and Case Management Plan).

Motions must include a Certificate of Conference detailing efforts to confer if unable to comply with L.R. 7.1(D).

Source text: A movant unable to comply with L.R. 7.1(D) shall describe in the Certificate of Conference the efforts made to confer with the opposing party(ies).

Briefs must include a Statement of the Issue(s) summarizing each issue, standard of review, and supporting authority.

Source text: of the Issue(s), which consists of a brief statement summarizing the issue(s) before the Court, with the standard of review and supporting authority for each issue.

Briefs or memoranda with over 10 pages of argument must include Table of Contents, Table of Authorities, Summary of Argument, and Relief Sought.

Source text: Any brief or memorandum with more than ten pages of argument must also contain the following: • Table of Contents • Table of Authorities • Summary of the Argument • Relief Sought: A short recitation of the precise relief requested

Evidence references in briefs must cite specific page/line or page/paragraph numbers.

Source text: References to evidence in support of or in opposition to a motion must be specific, citing page and line numbers for depositions, or page and paragraph number for any other type of exhibit.

Parties using videotaped depositions at trial must edit the video to include the Court’s rulings on objections.

Source text: A party using videotaped depositions must edit the video to incorporate the Court’s rulings on objections.

Exhibits must be marked with party identity, case number, and exhibit number prior to the Final Pretrial Conference.

Source text: Prior to the Final Pretrial Conference, the offering party will mark each exhibit to be offered with the party's identity, case number, and exhibit number.

Parties offering exhibits not easily stored in a file folder must provide a photograph or digital reproduction.

Source text: A party offering an exhibit that is not easily stored in a file folder (such as posters or tangible objects) must also provide a photograph or digital reproduction of the exhibit.

Upon settlement, counsel must file a Stipulation of Dismissal under FRCP 41.

Source text: Upon the settlement of any case, counsel shall file a Stipulation of Dismissal under Federal Rule of Civil Procedure 41, or a Joint Notice informing the Court of the settlement and an estimated time for the parties to submit appropriate dismissal documents.

Plaintiff must file proof of service within 90 days of filing the complaint, with failure leading to possible dismissal.

Source text: The plaintiff must serve the defendant within 90 days of filing the complaint. The plaintiff’s failure to file proof of service within that time may result in dismissal by the Court on its own initiative. See Fed. R. Civ. P. 4(m).

Counsel must file a list of financially interested entities within 15 days of receiving this order and amend it promptly when changes occur.

Source text: Within 15 days of receiving this order, counsel must file a list of all entities that are financially interested in this litigation, including parent, subsidiary, and affiliated corporations, as well as all known attorneys of record. When a group description is effective disclosure, an individual listing is not necessary. Underline the names of corporations with publicly traded securities. Counsel must promptly amend the list when parties are added or additional interested parties are identified.

Counsel must file a Joint Discovery and Case Management Plan at least three business days before the Initial Pretrial Conference.

Source text: At least three business days before the Initial Pretrial Conference, counsel must file a Joint Discovery and Case Management Plan, pursuant to Federal Rule of Civil Procedure 26(f).

Joint Pretrial Order must include required sections for Appearance of Counsel, Statement of the Case, Jurisdiction, Motions, Contentions of Parties, Admissions of Fact, Contested Issues of Fact, Agreed Propositions of Law, Contested Propositions of Law, and Exhibits.

Source text: REQUIRED CONTENTS OF THE JOINT PRETRIAL ORDER 1. Appearance of Counsel. List each party, its counsel, and counsel’s address and telephone number in separate paragraphs. 2. Statement of the Case. Give a brief statement of the case that the Court can read to the jury panel for an introduction of the facts and parties; include names, dates, and places. 3. Jurisdiction. Briefly specify the basis for the Court’s jurisdiction of the subject matter and the parties. If an unresolved jurisdictional question exists, state it. 4. Motions. List pending motions. 5. Contentions of the Parties. State concisely in separate paragraphs each party’s claims. 6. Admissions of Fact. List all facts that require no proof. 7. Contested Issues of Fact. List all material facts in bona fide controversy. 8. Agreed Propositions of Law. List the legal propositions that are not in dispute. 9. Contested Propositions of Law. State briefly the unresolved questions of law, with authorities to support each. 10. Exhibits.

Witness lists must include names, addresses, and brief statement of testimony nature for each potential witness.

Source text: On a form similar to the one provided by the Clerk of the Court, each party will attach four lists with the names and addresses of witnesses who may be called with a brief statement of the nature of their testimony. See sample at Appendix D-2.

Pretrial filings must state that all settlement efforts are exhausted and the case must proceed to trial.

Source text: Settlements. State that all settlement efforts have been exhausted and that the case will have to be tried.

Pretrial filings must state estimated trial length and logistical issues including witness availability, out-of-state participants, bulky exhibits, and documentation.

Source text: Trial. State estimated length of trial and logistical problems, including availability of witnesses, out-of-state people, bulky exhibits, and documentation.

Required trial attachments must be filed as separate, captioned, service-certified documents in duplicate.

Source text: Each party must file as a separate document (captioned, signed by counsel, and with service certified) these required attachments in duplicate.

Jury trial attachments must include proposed voir dire questions and proposed charge with instructions, definitions, special interrogatories, and supporting authority.

Source text: For a Jury Trial: (1) Proposed questions for the voir dire examination (2) Proposed charge, including instructions, definitions, and special interrogatories, with authority

Non-jury trial attachments must include proposed findings of fact (separated into agreed and contested) and conclusions of law with authority.

Source text: For a Non-Jury Trial: (1) Proposed findings of fact with agreed and contested ones separated (2) Conclusions of law with authority

Joint Pretrial Order must include a brief statement of the case (statement of facts).

Source text: Statement of the Case. Give a brief statement of the case, one that the Court can read to the jury panel for an introduction of the facts and parties; include names, dates, and places.

Joint Pretrial Order must include a list of all exhibits expected to be offered.

Source text: A. On a form similar to the one provided by the Clerk of Court, each party will attach four lists of all exhibits expected to be offered and will make the exhibits available for examination by opposing counsel. See sample at Appendix D-1. All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated.

Exhibits must be marked with the date and case number on each.

Source text: Parties must mark their exhibits to include the date and case number on each.

Required attachments must be captioned and include a certificate of service.

Source text: Each party must file as a separate document (captioned, signed by counsel, and with service certified) these required attachments in duplicate.

Joint Pretrial Order must include unresolved legal questions with supporting authorities.

Source text: Contested Propositions of Law. State briefly the unresolved questions of law, with authorities to support each.

Substantive issues must not be addressed in letter correspondence to the Court, as such letters are not docketed.

Source text: Do not address substantive issues in letter form addressed to the Court because they may not be docketed or included in the appellate record.

Briefs/memoranda over 5 pages must include Statement of the Issues with standard of review and authority.

Source text: All briefs and memoranda exceeding five pages must contain an initial Statement of the Issues, which consists of a brief statement highlighting the issues before the Court, with the standard of review and supporting authority for each issue.

Defendant has 14 days to file Rule 11 motion or objections to Magistrate Report; hearing must be scheduled within 30 days of filing; untimely filing limits plea withdrawal to Rule 11(d)(2)(B).

Source text: Upon a defendant entering a plea of guilty or nolo contendere in front of a Magistrate Judge, the Court will adopt the Magistrate Judge’s Report and Recommendation and “accept” the defendant’s guilty plea, unless: (1) the defendant timely files within 14 days from the plea hearing a written motion pursuant to Federal Rules of Criminal Procedure 11(d)(1); or (2) the defendant timely files written objections within 14 days from the date of execution of the Magistrate Judge’s Report and Recommendation. It is the defendant’s responsibility to schedule a hearing within 30 days from the filing of either pleading. In the event a defendant does not timely exercise either of the above referenced options, the sole basis for withdrawal of a guilty or nolo contendere plea would be the demonstration of a fair and just reason pursuant to Federal Rules of Criminal Procedure 11(d)(2)(B).

Briefs must be filed with or incorporated into a motion, response, or reply.

Source text: Briefs must be filed together with or incorporated within a motion, response or reply.

Briefs/memoranda with over 10 pages of argument must include TOC, TOA, Summary of Argument, and Relief Sought.

Source text: Any brief or memorandum with more than 10 pages of argument must also contain the following: Table of Contents, Table of Authorities, Summary of the Argument, Relief Sought: a short recitation of the precise relief requested.

Evidence references in motions must cite specific page/line (depositions) or page/paragraph (other exhibits).

Source text: References to evidence in support of or in opposition to a motion must be specific, citing page and line numbers for depositions, or page and paragraph number for any other type of exhibit.

PSI Report objections due 14 days after receipt; untimely filing waives objection right at sentencing.

Source text: Objections to the Presentence Investigation Report must be filed within 14 days after receipt of the Presentence Investigation Report. Failure to timely object may waive counsel’s right to formally object to the Presentence Investigation Report at the sentencing hearing.

Counsel must file proposed voir dire questions at least 10 days before trial.

Source text: At least 10 days before trial, counsel must file proposed voir dire questions and proposed jury instructions.

Proposed jury instructions must include supporting authority, use Fifth Circuit Pattern Jury Instructions, and identify deviations with legal authority.

Source text: Counsel will provide supporting authority for each proposed jury instruction, using the Fifth Circuit Pattern Jury Instructions, as modified by case law or statutory amendments, when possible, and identifying any deviations with legal authority for the proposed deviations.

Joint Pretrial Order must briefly state contested legal issues.

Source text: Briefly state the issues of law in dispute.

All motions must include a certificate of conference detailing conferring efforts, opposition status, and contact attempts if opposition is uncertain.

Source text: All motions must contain a certificate of conference stating that counsel and pro se parties have conferred regarding the substance of the relief requested, and stating whether the relief is opposed or denied. In circumstances where opposition remains uncertain, the party filing the motion must make at least two attempts to ascertain whether the relief is opposed, and must provide a certificate of conference stating the number of attempts made to contact the opposing party, the method of those attempts (i.e., fax, e-mail, telephone call, postal mail), the date and time of the attempts, and the results obtained thereby. Even motions that may be unopposed, joint, or agreed by two or more parties require a certificate of conference.

All motions except those under FRCP 56 must be accompanied by a separate proposed order.

Source text: All motions except motions pursuant to Federal Rules of Civil Procedure 56 must be accompanied by a separate proposed order.

Sealed documents in civil cases must be labeled with SEALED and the document title; docketing as solely 'SEALED DOCUMENT' requires court permission.

Source text: All pleadings or other documents filed under seal in a civil case must be identified as SEALED and by the title of the document. For example, a motion for summary judgment filed under seal must be docketed as “MOTION for Summary Judgment (SEALED).” No pleading may be filed for docketing simply as “SEALED DOCUMENT” without advance permission of the Court.

All motions/briefs/memoranda must include specific sections; those with over 10 pages of argument require additional sections.

Source text: Any motion, brief, or memorandum that has more than ten (10) pages of argument must contain the following items, while all motions, briefs and memoranda must contain items 3, 4, 6, and 7 below. 1. A table of contents with the page number of each section, including all headings designated in the body. 2. A short statement of the nature and stage of the proceeding. 3. A statement of the issues to be ruled upon by the Court and, with respect to each issue, a short statement (supported by legal authority) of the standard of review. 4. A short summary of the argument. 5. Succinct headings dividing the argument into separate points. 6. A short conclusion stating the precise relief sought.

Motions must include a proposed order detailing requested relief.

Source text: contain a proposed order setting forth the relief requested by the movant. Orders should be in the form used by the Court, and should not contain any document system codes or client/matter billing numbers.

All appendices must include a table of contents.

Source text: All appendices should contain a table of contents, and courtesy copies of appendices or those filed conventionally (i.e., not electronically) should be tabbed at the right margin to facilitate location of the materials cited.

Joint Pretrial Orders must be signed by all counsel of record.

Source text: Joint Pretrial Orders must be signed by all counsel.

For non-jury trials, Proposed Conclusions of Law must be emailed to the Case Manager in Microsoft Word format.

Source text: b. Proposed Conclusions of Law and email it to the Case Manager (electronically in Microsoft Word); and

Exhibit List must be filed for all trials and evidentiary hearings.

Source text: a. Exhibit List (see attached form)

Witness List must be filed for all trials and evidentiary hearings.

Source text: b. Witness List

Deposition designations for witnesses called by deposition must be filed, with copies of each deposition provided to the Court, for all trials and evidentiary hearings.

Source text: c. Designations of deposition excerpts for witnesses being called by deposition. A copy of each deposition except must be provided to the Court.

Objections to opponent's exhibits must be filed within Local Rule time limits for all trials and evidentiary hearings.

Source text: d. Objections, if any, to an opponent=s exhibits. Objections must be filed within the time limits set out by the Local Rules.

Joint Trial Worksheet must be filed for all trials and evidentiary hearings.

Source text: e. Joint Trial Worksheet

For jury trials, parties must file a single joint proposed jury charge including all necessary instructions, definitions, and questions.

Source text: 2. For Jury Trials, the parties must file a single, joint proposed jury charge, including all necessary instructions, definitions and questions.

Each requested jury instruction must be numbered and presented with supporting authority.

Source text: a. Each requested instruction must be numbered and presented with authority.

Proposed jury charge must include minimum required instructions, use pattern jury instructions where possible, and deviations must be identified with legal authority.

Source text: b. The parties shall include in the proposed jury charge all necessary instructions or definitions. The instructions shall, at a minimum, include: (1) the prima facie elements of each cause of action and defense asserted, (2) legal definitions required by the jury, (3) items of damages, and (4) methods of calculation of damages. Counsel are to use the appropriate state law Patterns, or the Fifth Circuit Pattern Jury Instructions, as modified by case law or statutory amendments, whenever possible. Any deviations must be identified, and accompanied with legal authorities for the proposed deviation.

If parties disagree on jury charge items, submit unified charge with disputed items labeled, formatted in bold/underline/italics, and accompanied by authority.

Source text: If parties cannot agree on instructions, definitions, or questions, the parties should nonetheless submit a single, unified charge. Each disputed instruction, definition, or question should be set out in bold type, underlined or italics and identified as disputed. Each disputed item should be labelled to show which party is requesting the disputed language. Accompanying each instruction shall be all authority or related materials upon which each party relies.

For jury trials, parties must file a trial memorandum of law addressing applicable law and all contested issues.

Source text: e. The parties shall file a trial memorandum of law addressing the law governing the case and all contested issues.

For non-jury trials, Proposed Findings of Fact must be emailed to the Case Manager in Microsoft Word format.

Source text: a. Proposed Findings of Fact and email it to the Case Manager (electronically in Microsoft Word);

For non-jury trials, memoranda of law, proposed findings, and proposed conclusions must address minimum required content including prima facie elements, legal definitions, damages components, and calculation methods.

Source text: c. Memorandum of Law. The memorandum of law, proposed findings, and proposed conclusions at a minimum should address the following: (1) the prima facie elements of each cause of action and defense asserted, (2) legal definitions, (3) components of damages, and (4) methods of calculation of damages.

Joint Trial Notebook must contain specified documents including Joint Pretrial Order, Exhibit Lists, Witness Lists, and others.

Source text: The Trial Notebook should be submitted jointly, and must contain the Joint Pretrial Order as well as each side’s Exhibit Lists, Witness Lists, Designations, Objections, Motions in Limine, Jury Charges (where applicable), Memoranda of Law, and Proposed Findings of Fact and Conclusions of Law (where applicable).

Offering parties must mark their name, case number, and exhibit number on each exhibit they offer in civil cases.

Source text: The offering party shall mark its name, the case number, and the exhibit number on each exhibit to be offered.

Joint Pretrial Order must include Appearance of Counsel section listing parties, counsel, and contact info in separate paragraphs.

Source text: List the parties, their respective counsel, and the mailing addresses, email addresses, and telephone numbers of counsel in separate paragraphs.

Joint Pretrial Order must include agreed statement of the case with names, dates, and places.

Source text: Give a brief agreed statement of the case for the information of the Court. The Court may read this statement to the jury panel to see whether any member of the panel is acquainted with the facts or parties in the case. Include names, dates and places.

Joint Pretrial Order must include jurisdiction explanation and note any unresolved jurisdictional issues.

Source text: Briefly explain why this Court has full and complete jurisdiction over the subject matter and the parties in this case. If there is an unresolved jurisdictional question, state the problem.

Joint Pretrial Order must identify pending motions and related responses, replies, and objections.

Source text: Identify any pending motions, as well as the responses, replies, or objections.

Joint Pretrial Order must include separate paragraphs stating each party's contentions and claims.

Source text: In separate paragraphs, give a concise statement of each party’s contentions and claims.

Joint Pretrial Order must list all stipulated facts.

Source text: List all facts that have been stipulated to.

Joint Pretrial Order must list all material factual disputes.

Source text: List all factual disputes that are necessary to the final disposition of this case.

Joint Pretrial Order must list undisputed legal propositions.

Source text: Delineate those legal propositions not in dispute.

Memorandum of law addressing contested legal issues must be submitted with Joint Pretrial Order.

Source text: Along with this Joint Pretrial Order, each party or side should submit a memorandum of law to address these issues in more depth.

Joint Pretrial Order must include Exhibit List of all offered exhibits in form of Attachment A or similar.

Source text: Each party must attach an Exhibit List (in the form shown by Attachment A or a similar form) of all exhibits offered, and all parties must provide copies of their listed exhibits to opposing counsel in advance of trial.

Exhibit List must include clear description and Bates number for each exhibit.

Source text: The Exhibit List should provide a clear, concise description of each exhibit, with a Bates number from the discovery process where applicable.

Witness lists must include witness names, addresses, and subject matter of testimony per Fed. R. Civ. P. 26(a)(3).

Source text: List the names and addresses of witnesses who will or may be called, and include a brief statement of the subject matter and substance of their testimony, as required by Fed. R. Civ. P. 26(a)(3).

Deposition witnesses require inclusive page and line citations for testimony to be read or submitted.

Source text: If a witness is to appear by deposition, cite the inclusive pages and lines to be read or submitted.

Additional trial witnesses must be reported to opposing counsel ASAP, with exemption for unforeseeable rebuttal/impeachment witnesses.

Source text: In the event there are any other witnesses to be called at the trial, their names, addresses and the subject matter of their testimony must be reported to opposing counsel as soon as they are known. This restriction shall not apply to a purely rebuttal or impeaching witness if necessity of the witness or the testimony cannot reasonably be anticipated before trial.

Settlement statements must include exhaustion of efforts, current demand/offer, and settlement likelihood.

Source text: Include a statement addressing whether or not all settlement efforts have been exhausted, the current settlement demand and offer, and whether the case can reasonably be expected to settle.

Settlement statements must include trial type, probable length, and witness availability.

Source text: Include in this paragraph the following: (a) Whether trial will be Jury or Non-Jury; (b) Probable length of trial; and (c) Availability of witnesses.

Jury trials require proposed venire questions, jury instructions (numbered, separate sheet, citations), and memorandum of law.

Source text: For Jury Trials include the following: (a) Proposed questions for the venire panel. (b) Proposed jury instructions, definitions, and interrogatories. Each requested instruction, definition, and interrogatory must be numbered and presented on a separate sheet of paper with the citation and authority upon which counsel rely. (c) Memorandum of Law.

Non-jury trials require proposed findings of fact, conclusions of law, and memorandum of law.

Source text: For Non-Jury Trials include the following: (a) Proposed Findings of Fact. (b) Proposed Conclusions of Law. (c) Memorandum of Law.

Proof of service for these rules must be filed with the U.S. District Clerk.

Source text: Proof reflecting service of these rules must be filed with the U.S. District Clerk.

Amended pleadings must be fully reproduced with no incorporation of prior pleadings by reference except with leave of court.

Source text: Any party filing or moving to file an amended complaint, counterclaim, third-party complaint, or answer or reply thereto shall reproduce the entire pleading as amended and may not incorporate any part of a prior pleading by reference, except with leave of court.

Motions to amend a pleading must be accompanied by the proposed amended pleading in redline format showing deletions and additions.

Source text: A motion or stipulation to amend a pleading shall be accompanied by the proposed amended pleading in redline format, which must indicate in every respect how the proposed amended pleading differs from the pleading that it amends, by striking through the text to be deleted and underlining the text to be added.

Motions must include the party’s legal argument; separate Memoranda of Law are prohibited.

Source text: A party should not file a motion and separate “Memorandum of Law.” The motion should include the party’s argument supporting the relief sought.

Non-dispositive motions must include a proposed order.

Source text: All non-dispositive motions must include a proposed order.

Proposed orders must relate to the motion, be more than Grant/Deny forms, and include the presiding judge’s signature block.

Source text: Proposed orders must relate to the substance of the filed motion, be more than a mere “Grant/Deny” form, and include Judge Brown’s or Judge Edison’s signature block, as applicable.

Motions for continuance and to revise docket-control orders must include proposed dates.

Source text: Motions for continuance and motions to revise the docket-control order must include proposed dates.

Non-dispositive motions must include a certificate of conference or be struck.

Source text: The court will strike non-dispositive motions that do not include a certificate of conference. See Southern District Local Rule 7.1.

Filings with over 10 pages of argument must include a proceeding statement, argument summary, and table of authorities.

Source text: A filing that contains more than 10 pages of argument must contain a short statement of the nature and stage of the proceeding, a short summary of the argument, and a table of authorities.

Exhibits, responses, briefs, and pleadings must be distinguishable, with exhibits individually attached and labeled on CM/ECF.

Source text: Except for motions to seal, exhibits to motions, responses, and other briefs and pleadings should be readily distinguishable from both the document to which they are appended and each other. Each exhibit should be individually attached and descriptively labeled on CM/ECF.

Parties must file proposed findings of fact and conclusions of law in bench trials regardless of post-trial briefs.

Source text: Whether post-trial briefs are filed or not, the parties must file proposed findings of fact and conclusions of law.

Confidential information may only be disclosed to witnesses or experts after they sign a confidentiality agreement in the form of Exhibit A.

Source text: 7. The confidential information may be displayed to and discussed with the persons identified in Paragraphs 5(b) and (c) only on the condition that, prior to any such display or discussion, each such person shall be asked to sign an agreement to be bound by this Order in the form attached hereto as Exhibit A. In the event such person refuses to sign an agreement in substantially the form attached as Exhibit A, the party desiring to disclose the confidential information may seek appropriate relief from the Court.

Motions to seal must include a line-by-line balancing of the public’s right of access against interests favoring nondisclosure.

Source text: The motion to seal must undertake a “line-by-line balancing of the public’s common law right of access against the interests favoring nondisclosure.” Le, 990 F.3d at 419 (quotation omitted).

When the Filing Party is not the Designating Party, filing sealed Designated Material requires a certificate of conference reflecting the Designating Party’s position.

Source text: Whenever the Filing Party is not the Designating Party, the Filing Party must confer with the Designating Party as to whether the Designating Party will withdraw the designation. If the Designating Party refuses to withdraw the designation, the Filing Party may file the Designated Material under seal, but must provide a certificate of conference reflecting the Designating Party’s position.

Ex parte restraining order applications must satisfy FRCP 65(b) to be considered by the Court.

Source text: Ex parte applications for restraining orders will not be entertained by the Court unless the requirements of FED. R. CIV. P. 65(b) have been satisfied.

Restraining order applications must include affirmation of opposing party contact and availability for conference, or explanation of why contact is not required.

Source text: Such applications shall be presented to the Court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the Court, or an explanation of why such contact is not legally required.

Pro hac vice motions must include an averment that the applicant is familiar with Local Rules and these Procedures.

Source text: Motions for admission pro hac vice shall include the attorney applicant’s averment that he or she has familiarized him/herself with the Local Rules of the Southern District of Texas and these Procedures applicable to civil cases before Judge Kazen.

All non-dispositive motions must include a certificate of conference; failure may result in denial or striking.

Source text: Every non-dispositive motion must contain a certificate of conference. Failure to comply may result in the party’s filing being denied or stricken.

All motions except FRCP 56 summary judgment motions must include a separate proposed order.

Source text: All motions, except summary judgment motions filed pursuant to FED. R. CIV. P. 56, must be accompanied by a separate proposed order granting or denying the relief requested.

Motions for discovery/scheduling disputes must include a certificate of conference and details of prior discussions if counsel cannot reach agreement.

Source text: If counsel for the parties are unable to reach an agreement, the motion MUST contain a certificate of conference pursuant to SDTX LR 7.1D and Section 6.A.2 above and specify the date, time, and place of the parties’ prior out-of-court discovery or scheduling discussion(s), the names of all counsel that participated in the discussion(s), and a brief summary of the results of the discussion(s).

Memoranda of law with over 10 pages of argument must include table of contents, table of authorities, and other specified sections.

Source text: Any memorandum that has more than ten (10) pages of argument must contain the following items: 1) a table of contents setting forth the page number of each section, including all headings designated in the body of the brief or memorandum; 2) a table of authorities setting forth the cases, textbooks, and other authorities that appear in memorandum; 3) a short statement of the nature and stage of the proceeding; 4) a statement of the issues to be ruled on by the Court and, with respect to each issue, a short statement (supported by authority) of the standard of review; 5) a short summary of the argument; 6) succinct headings dividing the argument into separate points; 7) a short conclusion stating the precise relief sought; and 8) proposed orders (except on summary judgment motions).

Joint Pretrial Orders must be signed by all counsel; plaintiff is primarily responsible for timely filing, defendant files if plaintiff fails; late filing subjects all parties (including pro se) to sanctions including dismissal.

Source text: Joint Pretrial Orders must be signed by all counsel. All parties are responsible for complying with all requirements to prepare the Joint Pretrial Order. 1) Plaintiff is primarily responsible for ensuring that a complete Joint Pretrial Order is timely filed. A form Joint Pretrial Order is attached to these Procedures and is also available on the Court’s website. The Joint Pretrial Order form should be followed, but may be adapted, within reason, to accommodate for the size and nature of the case. If Plaintiff fails to file the Joint Pretrial Order, then Defendant is responsible for filing Defendant’s portions of a Proposed Pretrial Order in the Joint Pretrial Order format. 2) Failure to timely file the Joint Pretrial Order will subject counsel and the client to sanctions, including dismissal for want of prosecution and/or other appropriate relief. This applies also to parties appearing pro se.

Witness lists for live witnesses must be filed with the Joint Pretrial Order or by the deadline specified in the Scheduling Order.

Source text: b. Witness List for live witnesses (see attached form, also available at the Court’s website).

Deposition excerpt designations for witnesses called by deposition must be filed, with copies of each excerpt provided to the Court.

Source text: c. Designation of deposition excerpts for witnesses being called by deposition. A copy of each deposition excerpt must be provided to the Court.

Objections to exhibits, witnesses, or deposition excerpts must be filed at least 14 calendar days before trial or by the Scheduling Order deadline, superseding LR 46.

Source text: d. Objections, if any, to an opponent’s exhibits, witnesses, or deposition excerpts must be filed at least fourteen (14) calendar days prior to the scheduled trial date, or as specified in the applicable Scheduling Order. This time limit supersedes LR 46.

Proposed voir dire questions must be filed with the Joint Pretrial Order or by the Scheduling Order deadline.

Source text: e. Proposed voir dire questions.

Parties must file a single joint proposed jury charge with numbered instructions and authority, minimum required content, deviations identified with authority, and disputed items marked and labeled by requesting party.

Source text: The parties must file a single, joint proposed jury charge, including all necessary instructions, definitions, and questions. i) Each requested instruction must be numbered and presented with authority. ii) The parties shall include in the proposed jury charge all necessary instructions or definitions. The instructions shall, at a minimum, include: (1) the prima facie elements of each cause of action and defense asserted, (2) legal definitions required by the jury, (3) items of damages, and (4) methods of calculation of damages. Counsel should use the Fifth Circuit Pattern Jury Instructions, as modified by case law or statutory amendments, whenever possible. Any deviations must be identified and accompanied with legal authorities for the proposed deviation. iii) Even if the parties cannot, after a good faith attempt, agree on all proposed instructions, definitions, and questions, the parties should nonetheless submit a single, unified charge. Each disputed instruction, definition, or question should be set out in bold type, underlined, or in italics and identified as disputed. Each disputed item should be labeled to show which party is requesting the disputed language. Accompanying each instruction shall be all authority or related materials upon which each party relies.

For Non-Jury Trials, each party must file Proposed Findings of Fact.

Source text: For Non-Jury Trials, each party must file: a. Proposed Findings of Fact (electronically in Microsoft Word).

For Non-Jury Trials, each party must file Proposed Conclusions of Law.

Source text: b. Proposed Conclusions of Law (electronically in Microsoft Word).

Each Proposed Conclusion of Law must include citations to legal authority supporting the conclusions.

Source text: Each proposed conclusion of law shall contain citation to legal authority supporting the conclusions;

Memoranda of Law, proposed findings, and conclusions for Non-Jury Trials must address prima facie elements, legal definitions, damages components, and calculation methods.

Source text: c. Memorandum of Law. The memorandum of law, proposed findings, and proposed conclusions should, at a minimum, address the following: (1) the prima facie elements of each cause of action and defense asserted, (2) legal definitions, (3) components of damages, and (4) methods of calculation of damages.

All exhibits must be pre-marked and exchanged among counsel when the Pretrial Order is filed, unless counsel agree to a later date.

Source text: All exhibits must be pre-marked and exchanged among counsel at the time the Pretrial Order is filed, unless a later date is agreed to by counsel.

The offering party must mark each exhibit with their name, the case number, and the exhibit number.

Source text: The offering party shall mark its name, the case number, and the exhibit number on each exhibit to be offered.

Counsel must notify opposing counsel in writing within 7 days of an exhibit being identified if requiring authentication, unless the Scheduling Order specifies a different deadline.

Source text: Unless another deadline is specified in an applicable Scheduling Order, counsel requiring authentication of an opponent’s exhibit must notify offering counsel in writing within seven (7) days after the exhibit is identified and made available for examination. Failure to do so is an admission of authenticity.

Initial Pretrial Conference Report must include Rule 26(f) conference date, location, and participant details as a certificate of conference.

Source text: 11. The conference required by Rule 26(f) was held on _____________________________, at . Counsel / Parties who participated in the conference: for Plaintiff(s) , for Defendant(s) .

Initial Pretrial Conference Report must include certification that all counsel reviewed Local Rules and Judge Kazen’s Court Procedures prior to completion.

Source text: 22. Counsel are charged with knowledge of the Local Rules of the United States District Court for the Southern District of Texas, which are available at: https://www.txs.uscourts.gov/sites/txs/files/LR_March_2026.pdf Have all counsel reviewed those local rules prior to completion of this Report? Counsel are also charged with knowledge of the Honorable John A. Kazen’s Court Procedures in Civil Cases, which are available at: United States District Judge John A. Kazen | Southern District of Texas (uscourts.gov) Have all counsel reviewed those rules prior to completion of this Report?

Joint Pretrial Order must include required sections for counsel appearance, case statement, jurisdiction, motions, party contentions, facts, legal propositions, and exhibits with objection procedures.

Source text: 1. Appearance of Counsel. List each party, its counsel, and counsel’s address and telephone number in separate paragraphs. 2. Statement of the Case. Give a brief statement of the case, one that the Judge could read to the jury panel for an introduction of the facts and parties; include names, dates, and places. 3. Jurisdiction. Briefly specify the jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state it. 4. Motions. List pending motions. 5. Contention of the Parties. State concisely in separate paragraphs each party’s claims. 6. Admission of Fact. List all facts that require no proof. 7. Contested Issues of Fact. List all material facts in bona fide controversy. 8. Agreed Propositions of Law. List the legal propositions that are not in dispute. 9. Contested Propositions of Law. State briefly the unresolved questions of law, with authorities to support each. 10. Exhibits. A. Each party will attach two lists of all exhibits expected to be offered and will make the exhibits available for examination by opposing counsel. All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated. B. A party requiring authentication of an exhibit must notify the offering counsel in writing within five days after the exhibit is listed and made available; failure to object in writing in advance of the trial concedes authenticity.

Exhibits must include date and case number on each document.

Source text: 2) Parties must mark their exhibits to include the date and case number on each.

Required attachments must be captioned.

Source text: 14. Attachments. Each party must file as a separate document (captioned, signed by counsel, and with service certified) these required attachments in duplicate.

Pretrial filings must state all settlement efforts are exhausted and case must proceed to trial.

Source text: 12. Settlements. State that all settlement efforts have been exhausted, and the case will have to be tried.

Letters to the Court require copies to all parties served prior to or at filing; discovery/scheduling letters must be filed in docket.

Source text: Letters to the Court may be hand-delivered, sent by First Class Mail to Chambers, or transmitted by email, with copies to all parties served prior to or at the time of filing. See addresses above. Letters concerning discovery and scheduling matters must be filed in the docket.

Agreed extensions/continuances require submitted agreed motion and proposed order to be binding on Court.

Source text: Agreements or joint motions among counsel for deadline extensions or continuances are not binding on the Court. Parties must notify the Court of agreed continuances by submitting an agreed motion and proposed order.

Pro hac vice motions must include averment of familiarization with Local Rules and these Procedures.

Source text: Motions for admission pro hac vice shall include the attorney-applicant’s averment that he or she has familiarized him/herself with the Local Rules of the Southern District of Texas and these Procedures applicable to criminal cases before Judge Kazen. See attached form, also available at the Court’s website.

Motions must include certificate of conference with opposing counsel; unopposed motions must note this in caption.

Source text: Motions must conform with CrLR12.2 and contain a certificate verifying that opposing counsel was consulted but no agreement could be reached. An unopposed motion and its order must be indicated prominently in the caption.

Motions with factual issues must be supported by affidavit/declaration detailing material facts.

Source text: If the motion presents issues of fact, it shall be supported by affidavit or declaration that sets forth with particularity the material facts at issue.

Memoranda with more than 10 pages of argument must include table of contents, table of authorities, case nature/status, issues/standard of review, argument summary, headings, conclusion, and proposed orders.

Source text: Any memorandum that has more than ten (10) pages of argument must contain the following items. 1) A table of contents setting forth the page number of each section, including all headings designated in the body of the brief or memorandum. 2) A table of citations of cases, statutes, rules, textbooks, and other authorities, alphabetically arranged. 3) A short statement of the nature and stage of the proceeding. 4) A statement of the issues to be ruled upon by the Court and, with respect to each issue, a short statement (supported by authority) of the standard of review. 5) A short summary of the argument. 6) Succinct headings dividing the argument into separate points. 7) A short conclusion stating the precise relief sought. 8) Proposed orders.

Motions to Suppress must be pleaded with specificity, not filed solely for discovery, and comply with Local Rules; non-compliant motions will be struck.

Source text: Motions to Suppress must be pleaded with specificity and not filed solely for discovery. They must also be in compliance with the Local Rules. Motions not in conformity therewith will be struck.

Filings prepared with generative AI must be reviewed for accuracy; filers are accountable for all content regardless of AI use; General Order 2025-04 on generative AI is adopted.

Source text: Attorneys and self-represented litigants must ensure that any filing prepared with the assistance of generative artificial intelligence (e.g. ChatGPT, Harvey.AI, or similar tools), is thoroughly reviewed for factual and legal accuracy prior to submission. These tools are capable of producing content that may be factually incorrect or legally unsound. The Court will hold attorneys and self-represented litigants fully accountable for all content submitted under their name or signature, regardless of whether it was drafted in part by generative AI. The Court will not accept the excuse that such content was prepared by AI, staff, or others when assessing potential sanctions. The Court adopts and incorporates by reference Chief Judge Randy Crane’s General Order 2025-04 on the Use of Generative Artificial Intelligence in Court Filings.

Exhibit lists must use the attached form, also available on the Court’s website.

Source text: Exhibit List (see attached form, also available on the Court’s website).

Proposed Conclusions of Law must include citation to legal authority for each conclusion.

Source text: Each proposed conclusion of law will contain citation to legal authority supporting the conclusions.

Legal objections to PSI reports must include citations to supporting/contrary authority and note binding/non-binding precedent or if filed to preserve appeal.

Source text: Legal objections to the PSI Report require citations to supporting and contrary authority. When filing objections, counsel must note if the issue has been decided by binding or non-binding precedent and/or if the objection is being filed merely to preserve the issue for further appellate review.

Sentencing memoranda must include pertinent attachments for departure/variance grounds; departure/variance requests require factual basis and supporting legal authority citations.

Source text: Counsel shall also file, within fourteen (14) calendar days of receiving the PSI Report, any sentencing memorandum with any pertinent attachments—such as letters and photographs—for consideration of grounds for departures under the Sentencing Guidelines or variances under 18 U.S.C. §3553(a). Requests for departures and/or variances must be supported by a factual basis and cite supporting legal authority.

Motions to extend PSI objection deadlines beyond 5 business days require a proposed order.

Source text: If more than five (5) business days are needed, a motion to extend time to file objections should be immediately filed. A sample proposed order is attached and is available on the Court’s website.

Pro hac vice admission motions require a signed certificate of compliance with Local Rules and Judge Kazen's procedures.

Source text: *I understand that the Court requires strict compliance with the Local Rules for the Southern District of Texas and the Court Procedures for District Judge Kazen, which are applicable to cases assigned to Judge Kazen. The rules are available by visiting the Court’s website.

Telephone conference requests require a motion form stating all parties agree to appear by phone

Source text: Requests for telephone conferences shall be made by motion form. The request shall indicate the agreement of all parties to appear by telephone.

All motions must include a certificate of conference detailing the conference, substance of relief, and opposition status.

Source text: All motions must contain a certificate of conference stating that counsel and pro se parties have conferred regarding the substance of the relief requested, stating whether the relief is opposed or unopposed.

All motions must include a separate proposed order.

Source text: All motions must be accompanied by a separate proposed order.

Joint Discovery Plan must include a proposed scheduling and docket control order with modifications and supporting reasons clearly indicated.

Source text: Complete and attach a proposed scheduling and docket control order where necessary to suggest modifications to the Court’s standard order. Clearly indicate any disagreements with reasons in support of the requests made.

Joint Discovery Plan must include a certification of Disclosure of Interested Persons filings with original and amendment filing dates.

Source text: Certify that all parties have filed the Disclosure of Interested Persons as directed in the Order for Conference and Disclosure of Interested Persons, listing the date of filing for original and any amendments.

Joint Pretrial Orders must include exhibit lists, with objections to contents filed within 3 business days and responses within 6 business days.

Source text: The Joint Pretrial Order will contain the pretrial disclosures required by Rule 26(a)(3) of the Federal Rules of Civil Procedure. Use the forms provided on the Court’s website. https://www.txs.uscourts.gov/Tipton. Plaintiff is responsible for timely filing the complete Joint Pretrial Order. Failure to do so may lead to dismissal or other sanction in accordance with the applicable rules. Exhibit lists, witness lists and proposed deposition excerpts may not be amended or supplemented after this date unless by agreement. Objections to any of these shall be filed no later than three business days after this date and responses to those objections shall be filed no later than six business days from this date. Boilerplate objections or responses will not be considered.

TRO applications must be filed via CM/ECF and the initiating party must attempt immediate informal service on the opposing party.

Source text: File any application for restraining orders or other immediate relief through the CM/ECF system. In addition to service required by rule, the initiating party must in good faith attempt immediate informal service on the opposing party by any available means, including forwarding the application to the last-known mail and email addresses.

Consent to proceed before a Magistrate Judge must be submitted using unaltered Form 2.

Source text: Required form. Use Form 2 to give consent to proceed before a Magistrate Judge. Follow the instructions. Do not alter the form.

Plaintiff must serve these procedures with the summons and complaint and file proof of service.

Source text: Service. Plaintiff must formally serve these procedures with the summons and complaint and file proof of service.

Removing party must file a certificate of service and provide additional information per Form 1 within 10 days of removal, or face summary remand.

Source text: The removing party must make certificate of service and provide the additional information within ten days of removal. The Court may summarily remand for failure of compliance.

Counsel must file a notice of appearance to receive CM/ECF notices; inclusion in a pleading's signature block does not suffice.

Source text: All counsel who wish to receive CM/ECF notices must file a notice of appearance. Inclusion of names in the signature block of a pleading does not constitute notice of appearance.

Pro hac vice applications must include an averment of familiarization with these procedures and Local Rules; Corpus Christi area attorneys are ineligible.

Source text: Include the applicant’s averment of familiarization with these procedures and the Local Rules with any application for pro hac vice admission. Do not seek pro hac vice admission for an attorney located within the Corpus Christi area.

Protective order motions must be joint or opposed, include a proposed order as an exhibit, and parties must confer in good faith beforehand.

Source text: The parties must jointly confer in good faith regarding appropriate terms for a protective order and file either a joint or opposed motion for entry of a protective order with the proposed order as an exhibit.

Certificate of conference required for all motions except dispositive motions; court will strike civil motions and may strike criminal motions without it.

Source text: Conference and certificate required. Make serious, timely, good faith efforts to seek agreement on all disputed matters and requests for relief except dispositive motions. The Court will strike motions in civil cases—and may strike motions in criminal cases—that do not include a certificate of conference.

Witness lists must be prepared using Form 8.

Source text: Form. Use Form 8 to prepare a witness list.

All proposed orders must be prepared using Form 5.

Source text: Proposed orders. Use Form 5 to prepare draft proposed orders.

All nondispositive motions and oppositions must include a proposed order granting or denying relief.

Source text: Include a proposed order granting or denying the requested relief with all nondispositive motions and oppositions.

Motions must be a single pleading with no separate Memorandum of Law; all required content must be included in the motion.

Source text: Separate memorandum not allowed. Do not file a separately designated Memorandum of Law. Include necessary factual support, legal argument, and requested relief in the motion itself. Put simply, file a single pleading.

Briefs must include a certificate of word count after the signature block, which may use the word processor's count.

Source text: Provide a certificate of word count following the signature block. Reliance on word-processor register is sufficient in this regard.

All motions must include a short argument summary, statement of facts, legal argument, conclusion stating relief, and succinct headings.

Source text: All motions or similar filings must contain: • A short summary of the argument; • A statement of the facts necessary to resolution of the motion; • An argument devoted to relevant, persuasive legal authority; • A short conclusion stating the precise relief sought; and • Succinct headings dividing the motion into the above parts.

Motions with an argument section over 10 pages must include a table of contents, table of authorities, introduction, argument summary, and point headings.

Source text: Submissions with an argument section more than ten pages must also contain: • A table of contents setting forth page numbers of all sections and point headings; • A table of authorities organizing in categories and arranging alphabetically all cited cases, statutes, rules, textbooks, and other authorities; • A brief introduction of the dispute; • A concise summary of the argument immediately prior to the argument in full; and • Succinct point headings dividing the argument into separate components.

Supporting evidence must be filed as separate exhibits with cover sheets; exhibits must be clearly identified on CM/ECF docket entries.

Source text: Supply affidavits, deposition testimony excerpts, and supporting documents as separate exhibits to any filing. Provide a cover sheet to identify and separate each exhibit and identify them clearly on the CM/ECF docket entry when filing, e.g., “Exhibit A Declaration of John Doe.”

Witness lists must include full name, address, testimony summary, and witness type for each witness.

Source text: State for each witness: • Full name, address, and identifying information; • A concise summary of the expected testimonial topics; • Whether the witness will testify live or by deposition; and • Whether testimony is fact, expert, or record custodian.

Deposition designations must be prepared using Form 9.

Source text: Form. Use Form 9 to prepare deposition designations.

Deposition designations in bench trials must include the entire deposition marked as an exhibit.

Source text: For bench trials, also offer the entire deposition marked as an exhibit.

Deposition designations require a joint filing of party exchanges 24 hours before intended use.

Source text: As to each intended deposition designation, the designator must make a joint filing comprehending the parties’ exchanges twenty-four hours in advance of intended use.

Counsel and pro se parties must file an interested party certificate at least 15 days before the Scheduling Conference, listing all financially interested entities; amended certificates are required for newly identified entities, and unincorporated entity parties require citizenship disclosures for all members.

Source text: Counsel and all unrepresented parties must also file with the Clerk, at least 15 days before the Scheduling Conference, a certificate listing all persons, associations, firms, partnerships, corporations, affiliates, parent corporations, or other entities, including any unincorporated entities such as LLCs or LLPs, that are financially interested in the outcome of this litigation. If new parties are added or if additional persons or entities financially interested in the outcome of the litigation are identified during this litigation, an amended certificate must be filed promptly with the Clerk. If an unincorporated entity is named as a party, the certificate must state the citizenship of every member of that entity.

Joint Discovery/Case Management Plan must include court division, party names, case number, and title as part of the document caption.

Source text: SOUTHERN DISTRICT OF TEXAS ___________________ DIVISION _____________________ § § Plaintiff, § § v. § Civil Action No. ______________ § _____________________ § § Defendant. § JOINT DISCOVERY/CASE MANAGEMENT PLAN UNDER RULE 26(F) OF THE FEDERAL RULES OF CIVIL PROCEDURE

Joint Discovery/Case Management Plan must attach a proposed scheduling and docket control order when suggesting modifications to the standard order, with disagreements and supporting reasons indicated.

Source text: Complete and attach a proposed scheduling and docket control order where necessary to suggest modifications to the Court’s standard order. Clearly indicate any disagreements with reasons in support of the requests made.

Joint Pretrial Order must include Rule 26(a)(3) pretrial disclosures; plaintiff responsible for filing; failure to file may result in dismissal or sanctions.

Source text: The Joint Pretrial Order will contain the pretrial disclosures required by Rule 26(a)(3) of the Federal Rules of Civil Procedure. Plaintiff is responsible for timely filing the complete Joint Pretrial Order. Failure to do so may lead to dismissal or other sanction in accordance with the applicable rules.

All trials require submission of a memorandum of law.

Source text: For All Trials Memorandum of law

All pretrial motions must include a certificate of conference.

Source text: All pretrial motions must contain a certificate of conference.

All motions except Federal Rule of Civil Procedure 56 motions must include a separate proposed order.

Source text: Each motion, except motions pursuant to Fed. R. Civ. P. 56, must be accompanied by a separate proposed order granting or denying the relief requested.

Plaintiffs and removing parties must serve attached materials including the Order for Conference with summons/complaint or removal papers; proof of service must be filed with the Clerk.

Source text: THE ATTACHED MUST BE SERVED WITH THE SUMMONS AND COMPLAINT OR REMOVAL PAPERS Plaintiff must serve these materials, and the Order for Conference And Disclosure Of Interested Parties on all defendants with the summons and complaint. A party removing a case to this Court has the same obligation as a plaintiff filing an original complaint. Proof reflecting service of these materials must be filed with the Clerk.

Certificates of conference stating inability to reach agreement must specify opposing counsel's name, contact attempt details, and nature of disagreement.

Source text: A certificate stating that the moving party has been unable to reach agreement with another party will be sufficient only if it specifies: a. The name of the opposing counsel with whom movant’s counsel has conferred or attempted to confer; b. If counsel have not been able to confer, the date and time of all attempts to contact opposing counsel; and c. If counsel have conferred but have been unable to reach agreement, the precise nature of the disagreement.

Non-dispositive motions must include a certificate of conference and a proposed order, with potential denial or striking for non-compliance.

Source text: Every non-dispositive motion must contain a certificate of conference and a proposed order granting the relief sought. Failure to comply may result in the party’s pleadings being denied or stricken.

Briefs or memoranda with more than 10 pages of argument must include a table of contents and table of authorities.

Source text: Any brief or memorandum containing more than 10 pages of argument must contain the following items. (1) A table of contents setting forth the page number of each section, including all headings designated in the body of the brief or memorandum. (2) A table of citations of cases, statutes, rules, textbooks, and other authorities, alphabetically arranged.

All briefs and memoranda must include a statement of the proceeding's nature and stage, and a statement of issues to be ruled upon, among other required items.

Source text: All briefs and memoranda must contain items (3), (4), (6), and (7). (3) A short statement of the nature and stage of the proceeding. (4) A statement of the issues to be ruled upon by the Court and, with respect to each issue, a short statement, supported by authority, of the

Briefs must include a short summary of the argument.

Source text: (5) A short summary of the argument.

Brief arguments must be divided into sections with appropriate headings.

Source text: (6) An argument divided into sections with appropriate headings succinctly setting forth separate points.

Briefs must include a short conclusion stating the precise relief sought.

Source text: (7) A short conclusion stating the precise relief sought.

Brief appendices must contain affidavits and discovery referred to, with a paginated table of contents and tabbed sections.

Source text: B. Copies of any affidavits, deposition testimony, or other discovery referred to should also be contained in the appendix. Each appendix should contain a paginated table of contents and should be tabbed to locate easily the materials contained in the appendix.

Plaintiff's counsel must file a Joint Pretrial Order one week before trial, including witness and exhibit lists, joint jury instructions, signed by all counsel.

Source text: A. Joint Pretrial Order Counsel for the plaintiff is responsible for ensuring that the Joint Pretrial Order is filed on time one week prior to trial. The Joint Pretrial Order should include parties’ witness lists, exhibits lists, proposed JOINT jury instructions and objections to any. All counsel must sign the Joint Pretrial Order.

Each party must file separate documents with the Joint Pretrial Order, captioned, signed by counsel, and including a certificate of service.

Source text: B. Other Required Documents With the filing of the Joint Pretrial Order, each party also must file as separate documents (captioned, signed by counsel, and including a certificate of service):

Non-jury trials require submission of Proposed Findings of Fact and Proposed Conclusions of Law.

Source text: For Non-Jury Trials a. Proposed Findings of Fact. b. Proposed Conclusions of Law.

Exhibits must be marked and exchanged before trial; offering party marks exhibits with name, case number, exhibit number.

Source text: All exhibits must be marked and exchanged among counsel prior to trial. The offering party must mark his or her own exhibits with the party's name, case number, and exhibit number.

Authentication requests for exhibits must be in writing within 5 business days of exhibit listing; failure to notify admits authenticity.

Source text: Any counsel requiring authentication of an exhibit must notify offering counsel in writing within five (5) business days after the exhibit is listed and made available to opposing counsel. Failure to do so is an admission of authenticity. See Local Rule 44.1 and CrLR55.2A.

Exhibits in final pretrial order are admitted unless written objections with authority are filed 3 business days before trial.

Source text: The Court will admit all exhibits listed in the final pretrial order into evidence unless opposing counsel files written objections supported by authority at least three (3) business days before trial. See Local Rule 46 and CrLR55.2B.

Counsel for non-governmental parties must file a certificate listing all financially interested entities within 30 days of first entry of appearance, using general descriptions for large groups and underlining publicly traded corporations.

Source text: 1. Each counsel for non-governmental parties shall file, within thirty days after each counsel’s first entry of appearance, a certificate listing all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent corporations, or other legal entities that are financially interested in the outcome of the litigation. If a large group can be specified by a general description, individual listing is not necessary. Underline the name of each corporation whose securities are publicly traded.

Interested persons certificates must list all financially interested persons on all sides of the case, with counsel responsible for ascertaining and certifying the facts.

Source text: 2. Each such certificate of counsel shall list all persons known to counsel to be so interested, in all sides of the case, whether represented by counsel furnishing the certificate or not. The burden is on counsel to ascertain and certify the true facts to the Court.

Counsel must promptly file an amended interested persons certificate when new parties or additional interested persons are identified during litigation.

Source text: 3. If new parties are added or if additional persons who are financially interested in the outcome of the litigation are identified at any time during the pendency of the litigation, each counsel shall promptly file an amended certificate.

Parties must exchange proposed terms and claim elements for construction pursuant to P.R. 4-1.

Source text: Comply with P.R. 4-1: Parties’ exchange of proposed terms and claim elements needing construction.

Parties must exchange preliminary claim constructions and extrinsic evidence pursuant to P.R. 4-2.

Source text: Comply with P.R. 4-2: Parties’ exchange of preliminary claim constructions and extrinsic evidence.

Exhibit and witness lists must include a notation of the location for any exhibit not in the case file or too large to be held there.

Source text: * Include a notation as to the location of any exhibit not held with the case file or not available because of size.

Removed cases must file the attached Certificate for Use in removed cases as proof of service.

Source text: A Form of Certificate for Use in removed cases is attached.

Substantive issues must not be addressed in letter form as letters are not docketed or part of the appellate record.

Source text: Do not address substantive issues in letter form, because letters are not docketed or included in the appellate record.

All pretrial motions must include a certificate of conference confirming good faith efforts to confer with opposing parties.

Source text: Parties are expected to make a good faith effort to confer about the disposition of all pretrial motions. All pretrial motions must contain a certificate of conference.

Certificates of conference claiming inability to reach agreement must specify opposing counsel name, contact attempt details, or nature of disagreement.

Source text: A certificate stating that the moving party has been unable to reach agreement with another party will be sufficient only if it specifies: a. The name of the opposing counsel with whom movant’s counsel has conferred or attempted to confer; b. If counsel have not been able to confer, the date and time of all attempts to contact opposing counsel; and c. If counsel have conferred but have been unable to reach agreement, the precise nature of the disagreement.

All non-dispositive motions must include a certificate of conference and a proposed order granting the requested relief, with non-compliance risking denial or striking.

Source text: Every non-dispositive motion must contain a certificate of conference and a proposed order granting the relief sought. Failure to comply may result in the party’s pleadings being denied or stricken.

All motions except Federal Rule of Civil Procedure 56 motions must include a separate proposed order granting or denying the requested relief.

Source text: Each motion, except motions pursuant to Fed. R. Civ. P. 56, must be accompanied by a separate proposed order granting or denying the relief requested.

Briefs and memoranda with more than 10 pages of argument must include a table of contents and table of authorities.

Source text: Any brief or memorandum containing more than 10 pages of argument must contain the following items. (1) A table of contents setting forth the page number of each section, including all headings designated in the body of the brief or memorandum. (2) A table of citations of cases, statutes, rules, textbooks, and other authorities, alphabetically arranged.

All briefs and memoranda must include a statement of the proceeding's nature and stage, statement of issues, and other specified items.

Source text: All briefs and memoranda must contain items (3), (4), (6), and (7). (3) A short statement of the nature and stage of the proceeding. (4) A statement of the issues to be ruled upon by the Court and, with respect to each issue, a short statement, supported by authority, of the

Briefs must include a short summary of the argument.

Source text: (5) A short summary of the argument.

Briefs must have arguments divided into sections with appropriate headings.

Source text: (6) An argument divided into sections with appropriate headings succinctly setting forth separate points.

Briefs must include a short conclusion stating the precise relief sought.

Source text: (7) A short conclusion stating the precise relief sought.

Briefs, memoranda, or motions citing non-standard authorities must append copies of those authorities and any referenced affidavits or discovery to the appendix.

Source text: Any brief, memorandum, or motion that cites authorities not found in the United States Code, United States Supreme Court Reporter, Federal Reporter, Federal Rules Decisions, Federal Supplement, Southwestern Reporter Second, or Vernon's Revised Statutes and Codes Annotated should have appended to it copies of the relevant parts of such authorities other than cases, and complete copies of cases. Copies of any affidavits, deposition testimony, or other discovery referred to should also be contained in the appendix.

Appendices must include a paginated table of contents and be tabbed for easy navigation.

Source text: Each appendix should contain a paginated table of contents and should be tabbed to locate easily the materials contained in the appendix.

Plaintiff's counsel must file a Joint Pretrial Order one week before trial, including witness lists, exhibits lists, joint jury instructions, and objections, signed by all counsel.

Source text: Counsel for the plaintiff is responsible for ensuring that the Joint Pretrial Order is filed on time one week prior to trial. The Joint Pretrial Order should include parties’ witness lists, exhibits lists, proposed JOINT jury instructions and objections to any. All counsel must sign the Joint Pretrial Order.

Each party must file separate documents with the Joint Pretrial Order, captioned, signed by counsel, and including a certificate of service.

Source text: With the filing of the Joint Pretrial Order, each party also must file as separate documents (captioned, signed by counsel, and including a certificate of service):

Exhibits must be marked with party name, case number, exhibit number, and exchanged among counsel prior to trial.

Source text: All exhibits must be marked and exchanged among counsel prior to trial. The offering party must mark his or her own exhibits with the party's name, case number, and exhibit number.

Counsel must jointly move for appointment of a guardian ad litem upon settling a minor plaintiff's case if parent-minor conflict exists; proposed ad litem names are optional.

Source text: Upon settlement of a suit involving a minor plaintiff, counsel must jointly move for appointment of a guardian ad litem if there is potential conflict of interest between the parent(s) and the minor. The parties may (but are not required to) submit the names of proposed ad litems upon whom they agree. The Court will consider any names submitted, but may appoint as guardian ad litem a person whose name has not been submitted by counsel.

Non-governmental party counsel must file a certificate listing all financially interested persons/entities within 30 days of first entry of appearance, underlining publicly traded corporations.

Source text: 1. Each counsel for non-governmental parties shall file, within thirty days after each counsel’s first entry of appearance, a certificate listing all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent corporations, or other legal entities that are financially interested in the outcome of the litigation. If a large group can be specified by a general description, individual listing is not necessary. Underline the name of each corporation whose securities are publicly traded.

Certificates of interested persons must list all financially interested persons on all sides of the case, with counsel bearing the burden of ascertaining true facts.

Source text: 2. Each such certificate of counsel shall list all persons known to counsel to be so interested, in all sides of the case, whether represented by counsel furnishing the certificate or not. The burden is on counsel to ascertain and certify the true facts to the Court.

Counsel must promptly file an amended certificate of interested persons if new parties or additional interested persons are identified during litigation.

Source text: 3. If new parties are added or if additional persons who are financially interested in the outcome of the litigation are identified at any time during the pendency of the litigation, each counsel shall promptly file an amended certificate.

Parties must submit a proposed scheduling order in standard form with agreed dates and deadlines; submission with agreement dispenses with the initial conference.

Source text: As a standard practice in this court, we ask that parties try to agree to dates and deadlines and submit them in the form of a proposed scheduling order. If the parties are able to reach an agreement, the Court will dispense with the conference. We are attaching the standard form scheduling order, which can also be downloaded from the court's website: www.txs.uscourts.gov.

Plaintiff's expert witnesses must be identified by a report listing each expert's qualifications, opinions, and the basis for those opinions.

Source text: EXPERT WITNESSES for the PLAINTIFF will be identified by a report listing the qualifications of each expert, each opinion that the expert will present, and the basis for it. DUE DATE:

Defendant's expert witnesses must be identified by a report listing each expert's qualifications, opinions, and the basis for those opinions.

Source text: EXPERT WITNESSES for the DEFENDANT will be identified by a report listing the qualifications of each expert, each opinion that the expert will present, and the basis for it. DUE DATE:

Parties must serve preliminary invalidity contentions and make document production pursuant to P.R. 3-3 and 3-4.

Source text: Comply with P.R. 3-3 and 3-4: Parties to serve preliminary invalidity contentions and make document production.

Parties must exchange privilege logs by the deadline, or submit a letter to the court stating no disputes over privileged documents.

Source text: Privilege Logs to be exchanged by parties (or a letter to the Court stating that there are no disputes as to claims of privileged documents).

Claim Construction Opening Brief must be served, filed with supporting evidence per P.R. 4-5(a).

Source text: Comply with P.R. 4-5(a): the party claiming patent infringement must serve and file a Claim Construction Opening Brief with its supporting evidence.

Claim Construction Responsive Brief and supporting evidence must be served per P.R. 4-5(b).

Source text: Comply with P.R. 4-5(b): Responsive Brief and supporting evidence due to party claiming patent infringement.

Claim Construction Reply Brief must be filed with supporting evidence.

Source text: a Reply Brief and supporting evidence on claim construction.

Claim Construction Chart must be submitted per P.R. 4-5(d).

Source text: Parties to submit Claim Construction Chart in WordPerfect 8.0 (or higher) format in compliance with P.R. 4-5(d).

Joint Pretrial Order must include all Local Rule and Court Procedure components, including witness/exhibit lists, trial-specific documents, and expected trial length.

Source text: Joint Pretrial Order due including all components required by Local Rules and this Court’s Procedures (such as witness lists, exhibit lists and copies of exhibits (see # 29 below), and (a) in bench trials, proposed findings of fact and conclusions of law with citation to authority and (b) for jury trials, joint proposed jury instructions with citation to authority, and proposed verdict form). Statement of Expected Length of Trial: _____ days (~6 hours with jury per day).

Parties must confer and advise Court of agreed Motion in Limine requests by 6/17/06 (1 day before Docket Call).

Source text: The parties are directed to confer and advise the Court about (a) which limine requests the parties agree to. 6/17/06

Motions to compel discovery filed after this Order require a statement that counsel conferred in good faith to resolve the dispute.

Source text: The Court will refuse to entertain any motion to compel discovery filed after the date of this Order unless the movant advises the Court within the body of the motion that counsel for the parties have first conferred in a good faith attempt to resolve the matter. See Southern District of Texas Local Rules 7.1, 7.2.

Mediation must be completed by [date missing]; parties must select mediator and comply with Local Rule 16.

Source text: Mediation to be completed by this date. The parties must select a mediator for this case. The parties and mediator must comply with S.D. TEXAS LOCAL RULE 16.

All proposed exhibits must be labeled with Plaintiff’s/Defendant’s Exhibit Number and Case Number on each label.

Source text: The parties are to label all proposed exhibits with the following information on each label: Designation of Plaintiff’s or Defendant’s Exhibit Number and Case Number.