Southern District of Texas Document Filing Requirements

Applies to

Emergency motion

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

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);

Applies to

Motion

Must include

proposed order

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

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.

Applies to

Fee application

Must include

proposed order

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

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.

Applies to

Fee application

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

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. __)

Applies to

Fee application

Must include

proposed order

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

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.

Applies to

Fee application

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

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

Applies to

Fee application

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

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:

Applies to

Proposed order

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

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: $____________________________

Applies to

Emergency motion

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.

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.

Applies to

Motion

Must include

proposed order

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.

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.

Applies to

Fee application

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

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:

Applies to

Fee application

Must include

proposed order

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

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.

Applies to

Fee application

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

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:

Applies to

Fee application

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

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

Applies to

Fee application

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

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:

Applies to

Proposed order

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

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: $____________________________

Applies to

Motion

Must include

proposed order

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

Attach proposed forms of order to all motions.

Applies to

Notice of hearing

Must include

certificate of service

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

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

Applies to

Motion

Must include

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.

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.

Applies to

Continuance motion

Must include

proposed order

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

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;

Applies to

Brief

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

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

Applies to

Amended document

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

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

Applies to

Emergency motion

Must include

local rule certificate

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

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).

Applies to

Expedited motion

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

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

Applies to

Expedited motion

Must include

local rule certificate

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

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.

Applies to

Motion

Must include

proposed order

Proposed orders must be submitted with all motions.

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

Applies to

Discovery motion

Must include

certificate of conference

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

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.

Applies to

Motion for continuation or imposition of stay

Must include

certificate of service

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.

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.

Applies to

Fee application

Must include

proposed order

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

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

Applies to

Fee application

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

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.

Applies to

Fee application

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

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.

Applies to

Fee application

Must include

proposed order

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

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.

Applies to

Proposed order

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

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.

Applies to

Employment application

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

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

Applies to

Employment order

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

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.

Applies to

Employment application

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

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.

Applies to

Employment application

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

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.

Applies to

Proposed order

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

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

Applies to

Objection to proof of claim

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

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.

Applies to

Fee application

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

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

Applies to

Fee application

Fee applications must attach detailed copies of all fee statements.

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.

Applies to

Proposed confirmation order

Must include

proposed order

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

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.

Applies to

Omnibus objection

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

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

Applies to

Cash collateral motion

Must include

proposed order

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).

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.

Applies to

Cash collateral motion

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

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.

Applies to

Notice of removal

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.

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.

Applies to

Pleading

All pleadings must be signed and dated.

Sign and date pleadings.

Applies to

Proposed order

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

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).

Applies to

Proposed order

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

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.

Applies to

Chapter 13 plan

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

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

Applies to

Motion for agreed entry

Must include

proposed order

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

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.

Applies to

Mediation order

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

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.

Applies to

Chapter 11 status conference statement

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

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.

Applies to

Master service list

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

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.

Applies to

Certificate of service

Must include

certificate of service

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

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.

Applies to

Motion

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

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.

Applies to

Budget cash flow projection

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

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.

Applies to

Ucc lien search

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

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.

Applies to

Professional employment motion

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

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

Applies to

Final fee application

Professionals must file final applications for compensation.

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.

Applies to

Fee application

Must include

certificate of service

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).

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.

Applies to

Motion to continue

Must include

certificate of conference

Motions to Continue Hearing must include an affidavit of conference.

Motion to Continue Hearing must include an affidavit of conference.

Applies to

Motion, application, objection, response

Must include

proposed order

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

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.

Applies to

Emergency motion

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

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.

Applies to

Pleading

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

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.

Applies to

Motion

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

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.

Applies to

Motion

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.

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.

Applies to

Motion

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

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.

Applies to

Cash collateral order

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

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.

Applies to

Sub v chapter 11 plan

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

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.

Applies to

Application

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

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

Applies to

Application

Applications for compensation must include an itemization of expenses.

h. An itemization of expenses.

Applies to

Exhibit

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

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

Applies to

Motion for default judgment

Must include

proposed order

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

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.

Applies to

Exhibit list

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

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

Applies to

Witness and exhibit list

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

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.

Applies to

9019 motion

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

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.

Applies to

9019 motion

Must include

proposed order

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

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.

Applies to

Consent or agreed order

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

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

Applies to

Motion to amend order

Must include

proposed order

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

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

Applies to

Motion to amend order

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

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

Applies to

Motion for agreed entry

Must include

proposed order

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

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

Applies to

Agreed order

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

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

Applies to

Motion

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.

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.

Applies to

Motion

Must include

certificate of conference

Motion must include a certificate of conference.

Certificate of conference included with motion.

Applies to

Response

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.

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.

Applies to

Motion

Must include

proposed order

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

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.

Applies to

Motion

Payment history is mandatory for Form M-2 motions.

Payment history is mandatory

Applies to

Form O-3

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

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

Applies to

Schedule j

Defaulted mortgage payments are prohibited from inclusion on Schedule J.

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

Applies to

Tax return or transcript

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

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

Applies to

IRS Form 4506-T

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.

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

Applies to

Certification

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

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

Applies to

Corporate ownership statement

Corporate Ownership Statements under Rule 7007.1 must be filed in certain contested matters where a party has a parent corporation or a publicly held corporation owns 10% or more of the party's stock and that entity is listed on Exhibit A, using the CM/ECF docketing event 'Corporate Ownership Statement (Rule 7007.1)'.

For the purpose of evaluating possible recusals, Judge Isgur orders that Rule 7007.1 Corporate Ownership Statements be filed in certain Contested Matters assigned to Judge Isgur. This Order only applies to Contested Matters in which A. A party to the contested matter has (i) a parent corporation or (ii) in which a publicly held corporation owns 10% or more of party’s stock; and B. The parent corporation or publicly held corporation described above is listed on Exhibit “A”. Corporate Ownership Statements must be filed using the CM/ECF Docketing Event “Corporate Ownership Statement (Rule 7007.1).”

Applies to

Opposed motion

Opposed motions must include or be accompanied by legal authority.

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

Applies to

Amended scheduling order

Must include

proposed order

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

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

Applies to

Application for restraining order

Must include

certificate of conference

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

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.

Applies to

Motion

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

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

Applies to

Joint pretrial order

Exhibit lists must be included in the Joint Pretrial Order.

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

Applies to

Exhibit

Must include

case number

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

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.

Applies to

Certificate of interested parties

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

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.

Applies to

Paper

Must include

certificate of service

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

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).

Applies to

Opposed motion

Must include

proposed order

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

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;

Applies to

Motion

Must include

certificate of conference

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

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

Applies to

Unopposed motion

Must include

caption

Unopposed motions must display 'unopposed' in the caption.

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

Applies to

Response to motion

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

Must include or be accompanied by authority;

Applies to

Response to motion

Must include

proposed order

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

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

Applies to

Motion to consolidate

Must include

caption, judge name, case number

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

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.

Applies to

Papers

Must include

caption

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

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).

Applies to

Pleadings

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

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

Applies to

Filed document

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

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

Applies to

Filed document

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.

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.

Applies to

Discovery response

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

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.

Applies to

Deposition notice or subpoena

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

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.

Applies to

Pleading

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

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

Applies to

Oath

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

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.

Applies to

Address change notice

Must include

case number

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

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.

Applies to

Admiralty case paper

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

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

Applies to

Application for stay execution

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

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.

Applies to

Criminal pretrial motion

Must include

proposed order, certificate of conference

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'.

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.”

Applies to

Criminal pretrial motion response

Must include

proposed order

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

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.

Applies to

Criminal pretrial motion

Must include

certificate of service

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

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

Applies to

Waiver presentence investigation motion

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

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.

Applies to

Objections to presentence report

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

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.

Applies to

Objections and non opposition papers

Must include

certificate of service

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

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.

Applies to

Final presentence report

Must include

local rule certificate

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

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.

Applies to

Pretrial order

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

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.

Applies to

Exhibit

Must include

case number

Exhibits must include case number as required content.

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

Applies to

Pretrial order

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

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

Applies to

All filings

Must include

local rule compliance

Parties must strictly comply with the Local Rules of the Southern District of Texas.

The Court requires strict compliance with the Local Rules.

Applies to

Emergency motion

Agreed emergency hearings require an unopposed emergency motion styled as “Emergency Motion” on the docket; single-party emergency motions are permitted with the same styling.

If the parties agree that an emergency/expedited hearing is warranted, they must file an unopposed emergency motion on the docket. If only one party believes that emergency or expedited relief is warranted, that party may file an emergency motion. Note: all emergency motions must be styled as an “Emergency Motion” on the docket using the appropriate CM/ECF event.

Applies to

Joint discovery case management plan

Joint discovery/case management plans must use the court-provided form from the specified website.

The joint discovery/case management plan must be completed using the form available at http://www.txs.uscourts.gov/sites/txs/files/ahb_jdcmp.pdf.

Applies to

Proposed scheduling order

Proposed scheduling orders must be filed electronically using the form attached to the Order for Conference, after party conference.

Additionally, the parties must confer, complete, and electronically file the proposed scheduling order using the form attached to the Order for Conference.

Applies to

Discovery letter briefing

Must include

proposed order

The initial discovery dispute letter and all additional briefing must include a proposed order.

The initial letter as well as all additional briefing must include a proposed order.

Applies to

Motion

Motions may not be accompanied by a separate Memorandum of Law; the motion must include all argument and legal authority, cited in the body not footnotes.

(a) A party may not file a motion accompanied by a separate “Memorandum of Law.” The motion itself must include the party’s argument and all legal authority. All legal authority must be cited in the body of the motion and not footnoted;

Applies to

Motion

Must include

proposed order

All non-dispositive motions must include a proposed order (pursuant to Local Rule 7.1(C)), and the order title must not include “Proposed”.

(b) Except for dispositive motions, all motions must include a proposed order, pursuant to Local Rule 7.1(C). Do not include “Proposed” in the title of the order. An example order can be found at the bottom of this document and should be used as a formatting guide.

Applies to

Motion

Must include

certificate of conference

All motions must include a certificate of conference detailing conferral with opposing parties, opposition status, and (if opposition undetermined) at least two attempts to ascertain position with details of each attempt; required even for unopposed/joint/agreed motions.

(c) All motions must contain a certificate of conference stating that counsel, and any pro se parties, have conferred regarding the relief requested, and whether the relief sought is opposed or unopposed. In circumstances where opposition cannot be determined, the movant must make at least two attempts to ascertain the opposing party’s position and must describe in the certificate of conference the number of attempts made, the method of contact, the date and time of each attempt, and the results obtained thereby. A certificate of conference is required even for motions that are unopposed, joint, or agreed.

Applies to

Settlement minor

For settlements involving a minor plaintiff with potential parent-minor conflict of interest, counsel must jointly move for appointment of a guardian ad litem.

Upon settlement of a suit involving a minor plaintiff, counsel must jointly move for appointment of a guardian ad litem if there is a potential conflict of interest between the parent(s) and the minor.

Applies to

Motion oral argument

Requests for oral argument must be filed as a separate motion.

Any request for oral argument must be made by separate motion.

Applies to

Exhibits

Must include

caption, case number

Non-paper exhibits must be accompanied by a cover letter identifying case style, exhibit details, and related ECF filing.

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.

Applies to

Proposed findings conclusions

Proposed Findings of Fact must cite evidence; Proposed Conclusions of Law must cite legal authority.

No later than fourteen (14) days before the docket call, 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 the party seeks at trial.

Applies to

Pretrial filing

Pretrial Filings must include Deposition Designations and Objections.

Counsel must provide Deposition Designations and Objections with the Pretrial Filings.

Applies to

Proposed order

Must include

caption, judge name, case number +1 more

Proposed orders must include required caption elements and use the specified signature block format.

Below is the proper form of the signature block for proposed orders.

Applies to

Certificate of service

Must include

certificate of service

Removed actions must include a Certificate of Service conforming to the specified form and language.

CERTIFICATE OF SERVICE IN REMOVED ACTION I certify compliance with the Order for Conference and Disclosure of Interested Parties, which was entered upon filing of the petition for removal of this action. On ____________________, I served copies of Judge Alfred H. Bennett’s Court Procedures and Practices and the Order for Conference and Disclosure of Interested Parties on all other parties.

Applies to

Certificate of service

Must include

certificate of service

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

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

Applies to

Motion pro hac vice

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

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

Applies to

Letter

Must include

proposed order

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

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

Applies to

Motion for hearing

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

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

Applies to

Motion

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

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.

Applies to

Motion

Must include

proposed order

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

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

Applies to

Motion

Must include

certificate of conference

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.

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;

Applies to

Motion for default judgment

Must include

certificate of service

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

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.

Applies to

Non paper exhibit

Must include

caption, case number

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

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.

Applies to

Motion in limine

Must include

certificate of conference

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

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.

Applies to

Proposed findings of fact

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

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.

Applies to

Supplemental proposed findings of fact

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

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.

Applies to

Notice of removal

Must include

certificate of service

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

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

Applies to

Consent to proceed magistrate judge

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

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

Applies to

Notice of appearance

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

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.

Applies to

Pro hac vice application

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

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

Applies to

Joint discovery case management plan

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

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

Applies to

Continuance request

Must include

certificate of conference

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

Include a certificate of conference addressing positions of all parties.

Applies to

Motion

Must include

certificate of conference

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

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.

Applies to

Nondispositive motion

Must include

proposed order

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

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

Applies to

Motion

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

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

Applies to

Brief

Must include

word count

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

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

Applies to

Motion

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

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.

Applies to

Brief

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

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.

Applies to

Witness list

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.

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.

Applies to

Pretrial filings

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.

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.

Applies to

Amended trial exhibit list

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

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.

Applies to

Certification

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

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

Applies to

Witness list

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

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

Applies to

Jury instructions

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

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

Applies to

Proposed findings conclusions

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

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.

Applies to

Proposed findings conclusions

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

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.

Applies to

Proposed findings conclusions

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.

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.

Applies to

Proposed findings conclusions

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

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.

Applies to

Proposed findings conclusions

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

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

Applies to

Jury instructions

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

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

Applies to

Motion

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”.

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

Applies to

Certificate of service in removed action

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.

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.

Applies to

Certificate of service

Must include

caption, judge name, certificate of service

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.

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]

Applies to

Statement of information

Must include

caption, judge name

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

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]

Applies to

Complaint

Must include

certificate of service

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

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

Applies to

Disclosure of interested parties

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.

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.

Applies to

Joint discovery case management plan

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.

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).

Applies to

Joint proposed scheduling docket control order

Must include

proposed order

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.

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.

Applies to

Certificate of service

Must include

certificate of service

Defendants removing cases from state court must file a Certificate of Service with the Clerk of this Court.

Defendants removing cases from state court must serve a copy of the Order for Conference and Disclosure of Interested Parties on all other counsel and file a Certificate of Service with the Clerk of this Court.

Applies to

Certificate of service

Must include

certificate of service

Certificate of Service in Removed Action must include compliance certification, date of service, certified mail method, list of documents served, and attorney signature.

CERTIFICATE OF SERVICE IN REMOVED ACTION I certify compliance with the Court’s Order entered upon filing of the petition for removal of this case. On _______________________________, I served by certified mail counsel of record and unrepresented parties copies of the Court’s Order, Docket Control Order, and Court Procedures. _______________________________ Date Attorney for Defendant(s)

Applies to

Joint pretrial order

Must include

signature block

Joint Pretrial Orders must include specified attachments and be signed by all counsel.

The required attachments – proposed Findings of Fact & Conclusions of Law or JOINT Jury Instructions and Interrogatories (see below); Memorandum of Law or Pretrial Brief; Motions in Limine; proposed Voir Dire Questions (even though counsel will often conduct voir dire); Witness Lists; Expert Witness Qualifications; and Exhibit Lists – are a part of the Joint Pretrial Order and must be submitted for filing with such Order. All counsel must sign the Joint Pretrial Order.

Applies to

Proposed jury instructions

A single set of proposed jury instructions agreed to by all counsel must be submitted, preferably in final form.

A single set of proposed jury instructions that have been agreed to by all counsel shall be submitted to the Court. These instructions should be in the most final form possible.

Applies to

Final joint pretrial order

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

Each counsel shall attach to the Final Joint Pretrial Order a list of all exhibits to be offered.

Applies to

Deposition exhibit

Deposition exhibits in non-jury trials must have a summary of intended proof and designated portions with line/page numbers attached.

In a Non-Jury Trial, counsel shall attach to the front of the deposition exhibit a summary of what each party intends to prove by such testimony. If portions of the deposition are to be offered, counsel shall attach to the front of the deposition exhibit the designated portions, citing line and page number inclusively, or such testimony to be read by the Court.

Applies to

Posttrial brief

Posttrial Briefs must be limited to specific questions assigned by the Court during or after trial.

Counsel shall limit Posttrial Briefs to specific questions assigned by the Court during or after trial.

Applies to

Final joint pretrial order

The Final Joint Pretrial Order must include proposed Findings of Fact, Conclusions of Law (in duplicate), and a Memorandum of Law or Pretrial Brief.

Counsel shall submit, as part of the Final Joint Pretrial Order, proposed Findings of Fact and Conclusions of Law in duplicate, and Memorandum of Law or Pretrial Brief.

Applies to

Exhibit

Unmanageable exhibits must be withdrawn after trial and replaced with reduced reproductions per Local Rule 79.2.

Exhibits of unmanageable size (such as charts, diagrams, posters, etc.) shall be withdrawn immediately upon completion of trial and reduced reproductions or photographs substituted pursuant to Local Rule 79.2.

Applies to

Deposition testimony

Deposition testimony must be excised of irrelevant content, with objections resolved before trial.

With respect to all deposition testimony to be offered in evidence, counsel shall review the deposition and agree to excise all irrelevant and repetitive testimony and all colloquy between counsel. Counsel shall exchange their designated testimony and attempt to resolve all objections prior to trial.

Applies to

Final joint pretrial order

The Final Joint Pretrial Order must include proposed voir dire questions, jury instructions (with authority citations on a separate page), and jury interrogatories.

Counsel shall submit, as part of the Final Joint Pretrial Order, proposed Voir Dire Questions, proposed Jury Instructions (with citation of authority on a separate page), and proposed Interrogatories to the Jury.

Applies to

Jury instructions and jury interrogatories

Jury instructions and jury interrogatories must be short, simple, and concise.

Jury Instructions and jury interrogatories must be short, simple, and concise.

Applies to

Summons and complaint

Must include

certificate of service

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

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

Applies to

Notice of removal

Must include

certificate of service

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

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

Applies to

Notice of appearance

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

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.

Applies to

Pro hac vice application

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

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.

Applies to

Protective order motion

Must include

proposed order

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

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.

Applies to

Initial disclosures

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

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.

Applies to

Motion

Must include

certificate of conference

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.

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.

Applies to

Motion

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

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.

Applies to

Nondispositive motion

Must include

proposed order

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

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.

Applies to

Motion

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

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.

Applies to

Exhibit objection

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

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.

Applies to

Exhibit objection

Exhibit objections must include identification of any exhibits requiring authentication.

Those objections must include any identification of exhibits requiring authentication.

Applies to

Exhibit objection response

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

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

Applies to

Exhibit objection

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

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

Applies to

Witness list

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

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.

Applies to

Witness list

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).

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.

Applies to

Witness objection

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

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

Applies to

Motion in limine

Must include

proposed order

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

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

Applies to

Jury instructions

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

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

Applies to

Jury instructions

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

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.

Applies to

Jury instructions

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

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

Applies to

Jury instructions

Parties must use Fifth Circuit Pattern Jury Instructions whenever possible.

Use the Fifth Circuit Pattern Jury Instructions whenever possible; and

Applies to

Jury instructions

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

Identify with legal support any deviations from the pattern instructions.

Applies to

Jury instruction objections

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

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

Applies to

Jury instructions

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

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

Applies to

Proposed findings conclusions

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

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

Applies to

Proposed findings of fact

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

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.

Applies to

Proposed conclusions of law

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

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.

Applies to

Joint proposed findings conclusions

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

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.

Applies to

Joint proposed findings conclusions

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

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

Applies to

Exhibits

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

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

Applies to

Certificate

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.

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

Applies to

Certificate

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

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.

Applies to

Joint discovery case management plan

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

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

Applies to

Joint discovery case management plan

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

Identify the counsel who attended for each party.

Applies to

Joint discovery case management plan

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

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

Applies to

Joint discovery case management plan

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

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

Applies to

Joint discovery case management plan

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

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.

Applies to

Joint discovery case management plan

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

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

Applies to

Joint discovery case management plan

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

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

Applies to

Joint discovery case management plan

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

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.

Applies to

Joint discovery case management plan

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

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

Applies to

Joint discovery case management plan

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

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

Applies to

Joint discovery case management plan

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

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

Applies to

Joint discovery case management plan

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

List and briefly explain any anticipated interventions.

Applies to

Joint discovery case management plan

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

Applies to

Joint discovery case management plan

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

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

Applies to

Joint discovery case management plan

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

State whether the parties considered conducting discovery in phases.

Applies to

Joint discovery case management plan

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

Specify any discovery already underway or accomplished.

Applies to

Joint discovery case management plan

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

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

Applies to

Joint discovery case management plan

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

Describe any issues about preservation of discoverable information.

Applies to

Joint discovery case management plan

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

Specify any discovery disputes.

Applies to

Joint discovery case management plan

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

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

Applies to

Joint discovery case management plan

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

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

Applies to

Joint discovery case management plan

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

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.

Applies to

Joint discovery case management plan

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

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

Applies to

Joint discovery case management plan

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

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

Applies to

Proposed scheduling order

Must include

proposed order

Joint proposed scheduling order must be completed and attached.

Complete and attach a joint proposed scheduling order.

Applies to

Brief

The Court disregards any evidence or argument raised solely in footnotes.

The Court disfavors footnotes. The Court disregards evidence or argument raised only in footnotes.

Applies to

Consent to magistrate judge

Consent to proceed before a Magistrate Judge must use unaltered Form 2 as instructed.

Required form. Use Form 2 to give consent to proceed before a Magistrate Judge. Follow the instructions. Do not alter the form.

Applies to

Notice of appearance

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

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.

Applies to

Pro hac vice application

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

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

Applies to

Joint discovery case management plan

Must include

signature block

All parties must sign the joint discovery/case management plan, and plaintiff's counsel must file the single completed joint plan.

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

Applies to

Motion

Must include

proposed order

Motions for protective orders require joint good faith conferral between parties and must include a proposed order as an exhibit.

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.

Applies to

Letter

Letters requesting in camera inspection must include specified content, require prior lead counsel conference, and are limited to one per party.

Lead counsel must confer in good faith to resolve the dispute prior to any letter. In the letter, identify the documents for review, state the grounds for challenge, specify the conference between lead counsel, and summarize the results. This letter establishes consent to ex parte contact between the Court and the party’s opponent regarding the nature and verity of the asserted privilege. Each party may freely submit only a single letter requesting in camera inspection.

Applies to

Motion

Must include

certificate of conference

Motions must include a certificate of conference; civil motions without it will be struck, criminal motions may be struck. Conference efforts required except for dispositive motions.

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.

Applies to

Motion

Must include

certificate of conference

Rule 12(b)(6) and 12(c) motions must include in the certificate of conference that issues were identified to opposing party and good faith conference was held, or will be struck.

Before filing a motion to dismiss for failure to state a claim or counterclaim under Rule 12(b)(6), or a motion for judgment on the pleadings on a claim or counterclaim under Rule 12(c), identify such issues to the opposing party and confer in good faith to resolve them. The Court will strike motions that do not include this in the certificate of conference.

Applies to

Motion

Must include

proposed order

All nondispositive motions and oppositions must include a proposed order prepared using Form 5 that grants or denies requested relief.

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.

Applies to

Motion

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

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.

Applies to

Sur reply

Sur-replies are prohibited unless the Court grants permission.

Do not file a sur-reply absent permission.

Applies to

Motion

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

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.

Applies to

Brief

All legal authority and evidence must include pinpoint citations, with specific formats for different source types, and Bates numbers where available.

Provide pinpoint citation for all legal authority. Do the same for evidence. For instance, cite to page and line for depositions, to page and paragraph number for affidavits and pleadings, and to page and section number for contracts and similar materials. Use Bates numbers as the page reference where available.

Applies to

Motion

Supporting evidence for motions must be filed as separate exhibits with cover sheets, clearly identified on CM/ECF docket entries.

Supply affidavits, deposition testimony excerpts, and supporting documents as separate exhibits to the 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.”

Applies to

Filing

Legal authorities not available on Westlaw or Lexis-Nexis must be appended to filings with cover sheets.

Supply all cases or other authority not readily available through Westlaw or Lexis-Nexis as an appendix to any filing. Provide a cover sheet to identify and separate each authority.

Applies to

Pretrial filing

Parties must be prepared to address pretrial filing objections and argue outstanding motions at docket call or final pretrial conference.

Prepare to address all objections to pretrial filings and to argue outstanding motions.

Applies to

Joint pretrial order

Joint Pretrial Orders must use Form 6, adaptable as needed for case complexity.

Use Form 6 to prepare a Joint Pretrial Order. Adapt this form within reason to accommodate the nature and complexity of the case.

Applies to

Joint pretrial order

Must include

signature block

Joint Pretrial Orders must be signed by all lead counsel; plaintiff's counsel has primary filing responsibility, defendant's counsel must file on plaintiff's failure.

All lead counsel must sign the Joint Pretrial Order. Primary responsibility rests with Plaintiff’s counsel to ensure timely filing as established by rule unless otherwise set by Court order. On any failure by Plaintiff’s counsel, Defendant’s counsel must timely file Defendant’s portions.

Applies to

Trial exhibit list

Trial exhibit lists must use Form 7.

Use Form 7 to prepare a trial exhibit list. Also refer to Section 12.

Applies to

Trial exhibit list

Must include

case number

Trial exhibits must be marked with party name, case number, exhibit number, and listed only if intended in good faith for trial use.

Each offering party must mark its own exhibits with the party’s name, case number, and exhibit number. List only those exhibits intended in good faith for use during trial.

Applies to

Witness list

Witness lists must include each witness's full name, address, summary of testimony, live/deposition status, and testimony type.

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.

Applies to

Objection

Exhibit objections must include identification of exhibits requiring authentication.

Those objections must include any identification of exhibits requiring authentication.

Applies to

Objection

Exhibit objections and responses must contain tailored discussion and cannot be boilerplate.

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

Applies to

Witness list

Trial witness lists must be prepared using Form 8.

Form. Use Form 8 to prepare the trial witness list.

Applies to

Deposition designation

Deposition designations must be prepared using Form 9.

Form. Use Form 9 to prepare deposition designations.

Applies to

Deposition designation

Deposition designations must not include irrelevant, repetitive testimony, objections, or colloquy.

Do not designate irrelevant or repetitive testimony, objections, or colloquy at depositions.

Applies to

Deposition designation

For bench trials, the entire deposition must be offered as an exhibit with designations.

For bench trials, also offer the entire deposition marked as an exhibit.

Applies to

Motion in limine

Must include

proposed order

Motions in limine must be filed separately with a matching proposed order.

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

Applies to

Jury instructions

Must include

joint charge

Civil cases require a joint unified proposed jury charge even if parties do not fully agree.

File a joint proposed charge. File a unified proposed charge even when not agreed in full.

Applies to

Proposed findings conclusions

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

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

Applies to

Proposed findings of fact

Proposed findings of fact must cite supporting evidence and specify stipulated or agreed facts.

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.

Applies to

Proposed conclusions of law

Proposed conclusions of law must cite legal authority and specify agreed propositions of law.

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.

Applies to

Joint proposed findings conclusions

Parties must file a joint proposed findings of fact and conclusions of law post-trial as a single document indicating agreed items.

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. Make it clear in the proposed findings that this means that the parties are agreed as to those.

Applies to

Joint discovery case management plan

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

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.

Applies to

Joint discovery case management plan

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

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.

Applies to

Joint discovery case management plan

Must include

proposed order

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

Complete and attach a joint proposed scheduling order.

Applies to

Proposed scheduling order

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

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

Applies to

Joint pretrial order

Joint Pretrial Order must briefly state contested legal issues.

Briefly state the issues of law in dispute.

Applies to

Motion

Must include

certificate of conference

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

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.

Applies to

Motion

Must include

proposed order

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

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

Applies to

Sealed document

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

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.

Applies to

Brief

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

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.

Applies to

Motion

Must include

proposed order

Motions must include a proposed order detailing requested relief.

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.

Applies to

Appendices

All appendices must include a table of contents.

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.

Applies to

Joint pretrial order

Must include

signature blocks

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

Joint Pretrial Orders must be signed by all counsel.

Applies to

Proposed conclusions of law

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

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

Applies to

Exhibit list

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

a. Exhibit List (see attached form)

Applies to

Witness list

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

b. Witness List

Applies to

Deposition designation

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.

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

Applies to

Objections to exhibits

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

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

Applies to

Joint trial worksheet

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

e. Joint Trial Worksheet

Applies to

Proposed jury charge

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

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

Applies to

Proposed jury charge

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

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

Applies to

Proposed jury charge

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

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.

Applies to

Proposed jury charge

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

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.

Applies to

Trial memorandum of law

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

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

Applies to

Proposed findings of fact

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

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

Applies to

Memorandum of law

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.

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.

Applies to

Trial notebook

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

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).

Applies to

Exhibit

Must include

case number

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

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

Applies to

Joint pretrial order

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

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

Applies to

Joint pretrial order

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

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.

Applies to

Joint pretrial order

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

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.

Applies to

Joint pretrial order

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

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

Applies to

Joint pretrial order

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

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

Applies to

Joint pretrial order

Joint Pretrial Order must list all stipulated facts.

List all facts that have been stipulated to.

Applies to

Joint pretrial order

Joint Pretrial Order must list all material factual disputes.

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

Applies to

Joint pretrial order

Joint Pretrial Order must list undisputed legal propositions.

Delineate those legal propositions not in dispute.

Applies to

Joint pretrial order

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

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

Applies to

Joint pretrial order

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

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.

Applies to

Exhibit list

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

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

Applies to

Witness list

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

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).

Applies to

Deposition witness list

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

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

Applies to

Witness list

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

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.

Applies to

Settlement statement

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

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.

Applies to

Settlement statement

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

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.

Applies to

Jury trial attachments

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

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.

Applies to

Non jury trial attachments

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

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

Applies to

Proof of service

Must include

certificate of service

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

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

Applies to

Amended pleading

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

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.

Applies to

Motion

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

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.

Applies to

Motion

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

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

Applies to

Non dispositive motion

Must include

proposed order

Non-dispositive motions must include a proposed order.

All non-dispositive motions must include a proposed order.

Applies to

Proposed order

Must include

judge name

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

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.

Applies to

Motion

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

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

Applies to

Non dispositive motion

Must include

certificate of conference

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

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

Applies to

Brief

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

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.

Applies to

Exhibit

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

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.

Applies to

Proposed findings conclusions

Must include

proposed findings conclusions

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

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

Applies to

Confidentiality agreement

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

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.

Applies to

Motion to seal

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

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).

Applies to

Sealed filing

Must include

certificate of conference

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

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.

Applies to

Ex parte application restraining order

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

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.

Applies to

Application for restraining order

Must include

certificate of conference

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

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.

Applies to

Motion

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

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.

Applies to

Non-dispositive motion

Must include

certificate of conference

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

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

Applies to

Motion

Must include

proposed order

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

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.

Applies to

Motion

Must include

certificate of conference

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

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).

Applies to

Memoranda of law

Must include

proposed order

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

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).

Applies to

Joint pretrial order

Must include

signature blocks

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.

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.

Applies to

Witness list

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

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

Applies to

Deposition excerpt designation

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

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

Applies to

Objections

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.

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.

Applies to

Proposed voir dire questions

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

e. Proposed voir dire questions.

Applies to

Jury instructions

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.

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.

Applies to

Proposed findings conclusions

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

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

Applies to

Proposed findings conclusions

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

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

Applies to

Proposed findings conclusions

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

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

Applies to

Memorandum of law

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

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.

Applies to

Exhibits

All exhibits must be pre-marked and exchanged among counsel when the Pretrial Order is filed, unless counsel agree to a later date.

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.

Applies to

Exhibits

The offering party must mark each exhibit with their name, the case number, and the exhibit number.

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

Applies to

Letter

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.

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.

Applies to

Initial pretrial conference report

Must include

certificate of conference

Initial Pretrial Conference Report must include Rule 26(f) conference date, location, and participant details as a certificate of conference.

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) .

Applies to

Initial pretrial conference report

Must include

local rule certificate

Initial Pretrial Conference Report must include certification that all counsel reviewed Local Rules and Judge Kazen’s Court Procedures prior to completion.

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?

Applies to

Joint pretrial order

Must include

caption, case number

Joint Pretrial Order must include required sections for counsel appearance, case statement, jurisdiction, motions, party contentions, facts, legal propositions, and exhibits with objection procedures.

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.

Applies to

Exhibit

Must include

case number

Exhibits must include date and case number on each document.

2) Parties must mark their exhibits to include the date and case number on each.

Applies to

Attachment

Must include

caption

Required attachments must be captioned.

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

Applies to

Pretrial order

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

12. Settlements. State that all settlement efforts have been exhausted, and the case will have to be tried.

Applies to

Letter

Must include

certificate of service

Letters to the Court require copies to all parties served prior to or at filing; discovery/scheduling letters must be filed in docket.

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.

Applies to

Motion

Must include

proposed order

Agreed extensions/continuances require submitted agreed motion and proposed order to be binding on Court.

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.

Applies to

Motion

Must include

local rule certificate

Pro hac vice motions must include averment of familiarization with Local Rules and these Procedures.

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.

Applies to

Motion

Must include

caption, certificate of conference

Motions must include certificate of conference with opposing counsel; unopposed motions must note this in caption.

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.

Applies to

Motion

Motions with factual issues must be supported by affidavit/declaration detailing material facts.

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.

Applies to

Memorandum of law

Must include

proposed order

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.

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.

Applies to

Motion to suppress

Motions to Suppress must be pleaded with specificity, not filed solely for discovery, and comply with Local Rules; non-compliant motions will be struck.

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.

Applies to

Filing

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.

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.

Applies to

Exhibit list

Exhibit lists must use the attached form, also available on the Court’s website.

Exhibit List (see attached form, also available on the Court’s website).

Applies to

Proposed conclusions of law

Proposed Conclusions of Law must include citation to legal authority for each conclusion.

Each proposed conclusion of law will contain citation to legal authority supporting the conclusions.

Applies to

Objection

Legal objections to PSI reports must include citations to supporting/contrary authority and note binding/non-binding precedent or if filed to preserve appeal.

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.

Applies to

Sentencing memorandum

Sentencing memoranda must include pertinent attachments for departure/variance grounds; departure/variance requests require factual basis and supporting legal authority citations.

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.

Applies to

Motion

Must include

proposed order

Motions to extend PSI objection deadlines beyond 5 business days require a proposed order.

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.

Applies to

Motion

Must include

local rule certificate

Pro hac vice admission motions require a signed certificate of compliance with Local Rules and Judge Kazen's procedures.

*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.

Applies to

Continuance request

Requests for extensions of discovery deadlines or postponement of trial must be signed by both the attorney and the party making the request.

all requests for extensions of deadlines for completion of discovery or for postponement of the trial [must] be signed by the attorney and the party making the request.

Applies to

Discovery motion

Must include

certificate of conference

The Court will not hear discovery motions unless the motion includes a statement that counsel conferred in good faith, reciting the date, time, place, and participants, or the facts of attempted conferral.

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.

Applies to

Joint discovery and case management plan

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

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).

Applies to

Motion

Must include

certificate of conference

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

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).

Applies to

Brief

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

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.

Applies to

Brief

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

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

Applies to

Brief

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

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.

Applies to

Videotaped deposition

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

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

Applies to

Exhibit

Must include

case number

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

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.

Applies to

Exhibit

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

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.

Applies to

Stipulation of dismissal

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

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.

Applies to

Proof of service

Must include

certificate of service

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

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).

Applies to

Interested party list

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

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.

Applies to

Joint discovery case management plan

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

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).

Applies to

Joint pretrial order

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.

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.

Applies to

Witness list

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

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.

Applies to

Pretrial conference statement

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

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

Applies to

Pretrial conference statement

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

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

Applies to

Trial attachment

Must include

caption, certificate of service

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

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

Applies to

Jury trial attachment

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

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

Applies to

Non jury trial attachment

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

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

Applies to

Joint pretrial order

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

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.

Applies to

Joint pretrial order

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

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.

Applies to

Exhibit

Must include

case number

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

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

Applies to

Attachment

Must include

caption, certificate of service

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

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

Applies to

Joint pretrial order

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

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

Applies to

Correspondence

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

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

Applies to

Brief

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

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.

Applies to

Motion

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).

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).

Applies to

Brief

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

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

Applies to

Brief

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

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.

Applies to

Motion

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

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.

Applies to

Objection

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

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.

Applies to

Proposed voir dire questions

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

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

Applies to

Proposed jury instructions

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

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.

Applies to

Memorandum of law

All trials require submission of a memorandum of law.

For All Trials Memorandum of law

Applies to

Pretrial motion

Must include

certificate of conference

All pretrial motions must include a certificate of conference.

All pretrial motions must contain a certificate of conference.

Applies to

Motion

Must include

proposed order

All motions except Federal Rule of Civil Procedure 56 motions must include a separate proposed order.

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.

Applies to

Complaint and removal papers

Must include

certificate of service

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.

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.

Applies to

Certificate of conference

Certificates of conference stating inability to reach agreement must specify opposing counsel's name, contact attempt details, and nature of disagreement.

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.

Applies to

Non-dispositive motion

Must include

proposed order, certificate of conference

Non-dispositive motions must include a certificate of conference and a proposed order, with potential denial or striking for non-compliance.

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.

Applies to

Brief

Briefs or memoranda with more than 10 pages of argument must include a table of contents and table of authorities.

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.

Applies to

Brief

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.

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

Applies to

Brief

Briefs must include a short summary of the argument.

(5) A short summary of the argument.

Applies to

Brief

Brief arguments must be divided into sections with appropriate headings.

(6) An argument divided into sections with appropriate headings succinctly setting forth separate points.

Applies to

Brief

Briefs must include a short conclusion stating the precise relief sought.

(7) A short conclusion stating the precise relief sought.

Applies to

Appendix

Brief appendices must contain affidavits and discovery referred to, with a paginated table of contents and tabbed sections.

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.

Applies to

Joint pretrial order

Must include

signature blocks

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.

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.

Applies to

Pretrial document

Must include

caption, signature blocks, certificate of service

Each party must file separate documents with the Joint Pretrial Order, captioned, signed by counsel, and including a certificate of service.

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):

Applies to

Proposed findings conclusions

Non-jury trials require submission of Proposed Findings of Fact and Proposed Conclusions of Law.

For Non-Jury Trials a. Proposed Findings of Fact. b. Proposed Conclusions of Law.

Applies to

Exhibits

Exhibits must be marked and exchanged before trial; offering party marks exhibits with name, case number, exhibit number.

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.

Applies to

Exhibits

Authentication requests for exhibits must be in writing within 5 business days of exhibit listing; failure to notify admits authenticity.

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.

Applies to

Exhibits

Exhibits in final pretrial order are admitted unless written objections with authority are filed 3 business days before trial.

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.

Applies to

Certificate

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.

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.

Applies to

Certificate

Interested persons certificates must list all financially interested persons on all sides of the case, with counsel responsible for ascertaining and certifying the facts.

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.

Applies to

Certificate

Counsel must promptly file an amended interested persons certificate when new parties or additional interested persons are identified during litigation.

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.