Southern District of Texas Filing Timing and Cure Windows

Deadline

7 calendar days

Pro Hac Vice motions and Notices of Appearance must be filed at least 7 days before counsel's planned appearance.

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

Deadline

10 calendar days

Joint discovery/case management plans must be filed 10 days before the scheduling conference, using the required form, after a Rule 26(f) conference.

counsel and/or the parties must confer (in person or by telephone) as required by Federal Rule of Civil Procedure 26(f) and must prepare and file a joint discovery/case management plan containing the information required by Rule 26(f) no later than ten (10) days before the scheduling conference. 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.

Deadline

21 calendar days

Responses to motions must be filed within 21 days per Local Rule 7.4, unless the Court orders an expedited response.

Pursuant to Local Rule 7.4, responses must be filed within twenty-one (21) days unless the Court orders an expedited response;

Deadline

7 calendar days

Reply briefs must be filed within 7 days of the response to the motion.

A reply must be filed within seven (7) days of the response.

Deadline

120 calendar days

Service must be perfected within 120 days of complaint filing, or defendant may be dismissed per Rule 4(m).

Any defendant upon whom service has not been perfected within 120 days of the filing of the complaint may be dismissed for want of prosecution in accordance with FED. R. CIV. P. 4(m).

Deadline

14 calendar days

Applies to

Pretrial order

Jury trial parties must file pretrial filings 14 days before docket call/pretrial conference, plus Joint Pretrial Order in civil cases.

No later than fourteen (14) days before the docket call or pretrial conference, each party must file (1) an Exhibit List, (2) a Witness List, (3) Deposition Designations, (4) Objections to Exhibits, Witnesses, and Deposition Designations, (5) Proposed Jury Instructions, and (6) Motions in Limine. In civil cases, the parties must also file a Joint Pretrial Order.

Deadline

14 calendar days

Applies to

Proposed findings conclusions

Bench trial parties must file Proposed Findings of Fact and Conclusions of Law 14 days before docket call with required citations.

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.

Deadline

0 calendar days

Applies to

Proposed findings conclusions

Parties must file supplemental proposed findings/conclusions post-trial as directed by court, citing trial 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, with citations to specific trial testimony and admitted evidence.

Deadline

90 calendar days

Motions for reinstatement after settlement-related dismissal must be filed within 90 calendar days with proof of settlement approval inability.

without prejudice to the right of any part to move for reinstatement within ninety (90) days upon presentation of adequate proof that final approval of the settlement could not be obtained from the respective principals for whom counsel act.

Deadline

90 calendar days

Agreed final judgments must be submitted to the court for approval by the end of the 90-day settlement period.

Counsel shall submit promptly the agreed final judgment for approval and entry on or before the expiration of the 90-day period.

Final revised exhibit list and witness list must be submitted to the case manager at the time of trial.

A final revised list of exhibits to be offered, and a final witness list shall be submitted to the case manager at time of trial.

Deposition objections must be filed in advance of trial, with rulings before deposition is read.

Objections to any portion of the deposition shall be filed in advance of trial, and the Court will rule on the objections before the deposition is read.

Deadline

10 calendar days

Removing parties must file certificate of service and required information within 10 days of removal, with possible summary remand for non-compliance.

The removing party must file the certificate of service and provide the additional information within ten days of removal. The Court may summarily remand for failure of compliance.

Deadline

60 calendar days

Letters requesting in camera inspection must be submitted at least 60 days before discovery closes or promptly upon subsequent discovery.

Submit any letter at least sixty days before the end of discovery or promptly upon

Deadline

0 calendar days

Each party must file required pretrial filings (exhibit list, witness list, etc.) on the date the Joint Pretrial Order is filed.

Unless otherwise set by Court order, on the date the Joint Pretrial Order is filed each party must file: • An exhibit list as per Section 20; • A witness list as per Section 21; • Designation of deposition excerpts as per Section 22; • Motions in limine as per Section 23; • Proposed topics and questions for voir dire as per Section 24; • In jury trials, a proposed joint jury charge as per Section 25; and • In bench trials, proposed findings of fact and conclusions of law as per Section 26.

Deadline

3 business days

Exhibit objections must be filed with authority no later than 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.

Deadline

6 business days

Responses to exhibit objections must be filed no later than 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.

Deadline

3 business days

Witness objections must be filed with authority no later than 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.

Deadline

3 business days

Objections to deposition designations must be filed within 3 business days after the Joint Pretrial Order is filed.

Objections to any deposition designation shall be filed no later than three business days after the date the Joint Pretrial Order is filed.

Deadline

6 business days

Responses to deposition designation objections must be filed within 6 business days after the Joint Pretrial Order is filed.

Responses to those objections shall be filed no later than six business days after the date the Joint Pretrial Order is filed.

Deadline

0 calendar days

Motions in limine must be filed on the same date as the Joint Pretrial Order.

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

Deadline

3 business days

Responses to contested motions in limine must be filed within 3 business days after the Joint Pretrial Order is filed.

File a response to any motion in limine that is contested no later than three business days after the date the Joint Pretrial Order is filed.

Deadline

3 working days

Criminal prosecution and defense must file jury instruction documents 3 working days before the Final Pretrial Conference.

The Prosecution must file a proposed jury charge based on the Fifth Circuit Pattern Jury Instructions and supported modifications. The Defense must file objections or its own supported modifications. These must be filed three working days before the Final Pretrial Conference.

Original documents offered must be filed as soon as practicable.

File all original documents as soon as practicable.

Applies to

Notice of transcript request

Written notice of request for daily transcript or real time reporting due 6/3/06 (same day as Joint Pretrial Order).

Written notice due for request for daily transcript or real time reporting of trial proceedings.

Motions for extension of discovery must be filed early enough to allow opposing counsel to respond before the discovery deadline.

Motions for extension of discovery must be filed sufficiently in advance of the discovery deadline that opposing counsel may respond prior to the deadline.

Deadline

7 calendar days

Replies to responses must be filed within 7 calendar days of the response filing date.

(A) The Reply should be filed within seven (7) days of the date the Response was filed.

Deadline

7 calendar days

Joint Pretrial Orders must be filed one week prior to trial.

Counsel for the plaintiff is responsible for ensuring that the Joint Pretrial Order is filed on time one week prior to trial.

Deadline

1 business days

Agreed civil jury instructions must be submitted via email (Word format) and hard copy at least 1 business day before trial.

One set of proposed jury instructions that have been agreed to by counsel should be submitted to the Court electronically (via email in a Word format) and in hard copy at least one business day before the first day of trial.

Deadline

3 business days

Written objections to exhibits in final pretrial order must be filed 3 business days before trial to prevent automatic admission.

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.

Deadline

3 business days

Objections to designated deposition portions must be filed at least 3 business days before trial.

Objections to those portions (citing pages and lines) with supporting authority must be filed at least three (3) business days before trial.

Deadline

7 calendar days

Applies to

Scheduling order

Submitting a completed scheduling order one week before the scheduled initial conference cancels the conference.

If you return the completed scheduling order one week prior to your scheduled hearing, the conference will be cancelled.

Leave of court is required to add inequitable conduct allegations to pleadings after the invalidity contentions deadline.

Add any inequitable conduct allegations to pleadings. Before this date, it is not necessary to file a motion for leave to add inequitable conduct allegations to pleadings. Thereafter, it is necessary to obtain leave of court to add inequitable conduct allegations to pleadings.

New parties must be joined by the date specified in paragraph 1 of the scheduling order.

NEW PARTIES shall be joined by:

All discovery must be completed by the date specified in paragraph 4 of the scheduling order.

DISCOVERY must be completed by:

Written discovery requests are untimely if filed too close to the discovery completion deadline to allow a timely response under the FRCP.

Written discovery requests are not timely if they are filed so close to this deadline that the recipient would not be required under the Federal Rules of Civil Procedure to respond until after the deadline.

Deadline

90 calendar days

Dispositive and non-dispositive motions (except motions in limine) must be filed 90 days prior to the trial date.

DISPOSITIVE AND NON-DISPOSITIVE MOTIONS (except motions in limine) will be filed by: (Due 90 Days Prior to Trial Date)

Deadline

7 calendar days

Joint pretrial orders must be filed on Monday one week prior to the trial date.

JOINT PRETRIAL ORDER and MOTIONS IN LIMINE (The Court will fill in this date) (Due Monday one week before trial)

Leave of court is required to add or amend infringement contentions after the initial disclosure deadline.

After this date, it is necessary to obtain leave of court to add and/or amend infringement contentions, pursuant to Patent Rule (P.R.) 3-7.

Leave of court is required to join additional parties after the initial infringement contention disclosure deadline.

Thereafter, it is necessary to obtain leave of court to join additional parties.

Leave of court is required to add new patents or claims after the initial infringement contention disclosure deadline.

Thereafter, it is necessary to obtain leave of court to add patents or claims.

Leave of court is required to add or amend invalidity contentions after the service deadline.

Thereafter, it is necessary to obtain leave of Court to add and/or amend invalidity contentions, pursuant to P.R.. 3-7.

Applies to

Video deposition designation

Video and Deposition Designations due 6/3/06; must identify line and page numbers of video depositions offered.

Video and Deposition Designations due. 6/3/06 Each party who proposes to offer a depositions by video must file a disclosure identifying the line and page numbers to be offered.

Deadline

7 calendar days

Applies to

Cross designation response

Responses requesting cross designation due 1 week (7 calendar days) after Video/Deposition Designations are filed.

All other parties will have 1 week to file a response requesting cross designation line and page numbers to be included.

Applies to

Motions in limine

Motions in Limine due 6/3/06 (same day as Joint Pretrial Order).

Motions in Limine due. 6/3/06

Applies to

Objections to evidence

Objections to opposing parties’ witnesses, exhibits, deposition testimony due 6/10/06 (1 week after Joint Pretrial Order).

Objections to opponents’ proposed witnesses, proposed exhibits, designated deposition testimony, and any other matters due. 6/10/06

Deadline

10 calendar days

Joint discovery/case management plans must be filed at least 10 days before the scheduling conference.

Counsel shall prepare and file not less than 10 days before the conference, a joint discovery/case management plan for the conference containing the information called for on the attached form, as required by Rule 26(f).

Deadline

3 calendar days

Exhibits are offered and admitted as the first trial item if no objection is filed at least 3 days before trial.

All exhibits will be OFFERED and ADMITTED into evidence as the FIRST ITEM OF BUSINESS at trial where no objection is lodged at least three (3) days before trial. See applicable Local Rule; see also supra Section IX(B)(3)(b).

Exhibits must be provided to the Court on the day of trial.

Counsel is required to provide the Court with the original and one copy of the exhibits on the day of trial in properly tabbed notebook form.

Deposition objections must be filed in advance of trial.

If a portion of any deposition is to be read, counsel will designate such by citing pages and lines as required by the Joint Pretrial Order. Opposing counsel will file objections to such portions (citing pages and lines) with supporting authority in advance of trial. The Court will rule on the objections as soon as possible. Use of video depositions is permitted when counsel edits the video and resolves objections.

Deadline

30 calendar days

Motion for dismissal must be filed within 30 days of settlement announcement.

The parties= announcement of settlement must be followed by a motion for dismissal within thirty (30) days. Upon receipt of the parties= written settlement announcement, the Court will enter a 90-day conditional Order of Dismissal, which permits a party to move to reopen the case if final settlement cannot be completed within the allotted time.

Guardian ad litem motions to place funds in court registry must be filed prior to settlement conference.

Prior to the conference, counsel will furnish to the Court a copy of the proposed final judgment and any additional information that counsel determines to be helpful in approving the settlement. Any motion by the guardian ad litem requesting that funds be placed in the registry of the Court must be filed prior to the conference and approved by the Finance Section of the Clerk=s Office.

Deadline

120 calendar days

Defendants not served within 120 days of complaint filing may be dismissed under Fed. R. Civ. P. 4(m).

Any defendant upon whom service has not been perfected within 120 days after the complaint is filed may be dismissed in accordance with Fed. R. Civ. P. 4(m).

Deadline

7 calendar days

Filings with 50 or more pages (including attachments) must submit a hard copy to the District Clerk’s Office within 7 days of electronic filing.

If a filing, including attachments, contains 50 pages or more, the party must submit the filing electronically and submit a hard copy to the District Clerk’s Office. The hard-copy filing must be submitted to the District Clerk’s Office within seven days after the electronic

Deadline

21 calendar days

Opposed motion responses must be filed within 21 calendar days of the motion's filing date.

Be filed within 21 days from the date the motion was filed with the District Clerk’s Office.

Failure to respond to an opposed motion constitutes no opposition; court rules on motions when ripe regardless of response.

Failure to respond to an opposed motion will be deemed as a representation of no opposition. The Court will rule on any motion once it becomes ripe no matter if a response has been filed.

Deadline

10 calendar days

Reply briefs must be filed no more than 10 calendar days after the response is filed.

If the movant elects to reply, it must be filed no more than 10 days after the response was filed with the District Clerk’s Office.

Deadline

10 calendar days

Surreplies must be filed no more than 10 calendar days after the reply is filed.

Surreplies must be filed no more than 10 days after the reply was filed with the District Clerk’s Office.

Deadline

15 calendar days

Objections to deposition excerpts must be filed within 15 days after the JPO deadline.

Objections to deposition excerpts must be filed within 15 days after the JPO deadline.

Joint Pretrial Order must be filed by the deadline set in the Scheduling Order.

Counsel must ensure that the JPO is filed by the date listed on the Scheduling Order.

Deadline

60 calendar days

If the case is continued or abated, a supplemental JPO must be filed at least 60 days before the revised Final Pretrial Conference.

If a JPO is filed, but the case is later continued or abated, a supplemental JPO must be filed at least 60 days before the revised Final Pretrial Conference.

Deadline

15 calendar days

Objections to exhibits/witnesses must be filed 15 days after JPO deadline; responses 30 days after objections.

Objections to any exhibits or witnesses must be filed 15 days after the JPO deadline; objections must include copies of the disputed exhibit and legal authority. Responses to objections must be filed 30 days after the objections are filed.

Deadline

30 calendar days

If there is no appeal, the offering party must remove exhibits within 30 days after disposition of the case.

(1) If there is no appeal, exhibits must be removed by the offering party within 30 days after disposition of the case.

Deadline

10 calendar days

When there is an appeal, the offering party must remove exhibits within 10 days after written notice from the District Clerk.

(2) When there is an appeal, exhibits returned to the Court by the Court of Appeals must be removed by the offering party within 10 days after written notice from the District Clerk.

Proposed voir dire questions must be filed with the Joint Pretrial Order (JPO).

Proposed voir dire questions must be filed with the JPO.

Deadline

30 calendar days

Notices of Settlement must include a separate Agreed Judgment or Stipulation of Dismissal within 30 days of the notice.

must include a separate Agreed Judgment or Stipulation of Dismissal within 30 days of the Notice of Settlement.

Deadline

15 calendar days

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

Within 15 days of receiving this order, counsel must file a list of all entities that are financially interested, 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 unnecessary. 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.

Deadline

14 calendar days

Joint case management plan must be filed at least 14 days before the initial pretrial conference.

At least 14 days before the initial pretrial conference, counsel must file a joint case management plan listing the identities and purposes of witnesses, sources, and types of documents, and other requirements for a prompt and inexpensive preparation of this case for disposition by motion or trial. See Fed R. Civ. P. Rule 26(f).

Deadline

5 calendar days

Joint proposed scheduling order must be filed at least 5 days before initial pretrial conference.

At least 5 days before the initial pretrial conference, counsel must file a joint proposed scheduling order using the Court’s template and the certificate regarding generative artificial intelligence. expert designation dates and discovery deadlines, as well as dates for exchanging of initial disclosures if they have not already been completed.

Deadline

180 calendar days

Plaintiff's expert designations and reports due 180 days before discovery deadline.

The plaintiff’s expert designation and expert report deadline: 180 days before discovery deadline. See FRCP 26(a)(2)(D); Local Rule 9(A)(4).

Deadline

180 calendar days

New parties must be joined within 180 days of complaint filing or notice of removal.

New party joinder deadline: 180 days from complaint or, in a removed case, notice of removal.

Deadline

120 calendar days

Defendant's expert designations and reports due 120 days before discovery deadline.

The defendant’s expert designation and expert report deadline: 120 days before discovery deadline. See FRCP 26(a)(2)(D); Local Rule 9(A)(5).

Deadline

90 calendar days

All discovery must be completed 90 days before Joint Pretrial Order deadline.

Discovery completion deadline: 90 days before JPO deadline

Deadline

30 calendar days

Mediation and status reports due 30 days after JPO filing.

The parties’ mediation and status report deadline: 30 days after JPO deadline

Deadline

30 calendar days

Non-dispositive motions must be filed 30 days after discovery deadline.

Non-dispositive motions deadline: 30 days after discovery deadline

Deadline

21 calendar days

Responses to dispositive and non-dispositive motions due 21 days after filing.

Responses to dispositive and non-dispositive motions are due 21 days after the motions are filed. See Local Rule 6(C)(2)

Deadline

60 calendar days

Daubert and expert exclusion motions due 60 days before JPO deadline.

Daubert motions/motions to exclude expert deadline: 60 days before JPO

Deadline

60 calendar days

Joint Pretrial Order with witness and exhibit lists due 60 days before Final Pretrial Conference.

Joint pretrial order (“JPO”) (including witness/exhibit lists) deadline: 60 days before FPC

Deadline

15 calendar days

Objections to exhibit or witness lists due 15 days after JPO filing.

Objections to exhibit or witness lists deadline: 15 days after JPO

Deadline

30 calendar days

Responses to exhibit/witness list objections due 30 days after JPO filing.

Responses to objections to exhibit and witness lists deadline: 30 days after JPO

Deadline

15 calendar days

Motions in limine due 15 days after JPO filing.

Motions in limine deadline: 15 days after JPO

Deadline

30 calendar days

Responses to motions in limine due 30 days after JPO filing.

Responses to motions in limine deadline: 30 days after JPO

Deadline

21 calendar days

Responses to dispositive and non-dispositive motions must be filed within 21 days of the motion's filing.

Responses to dispositive and non-dispositive motions are due 21 days after the motions are filed. See Local Rule 6(C)(2)

Required

Always

Submission dates may be extended by counsel agreement unless violating a court deadline; notify Case Manager immediately in writing of any extension agreement.

The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Counsel should immediately notify the Case Manager, in writing, of such an agreement.

Deadline

3 calendar days

Instruments filed within 3 days of docket call are not considered for docket call proceedings.

No instrument filed within 2:30 P.M. three days of docket call will be considered.

Deadline

3 business days

Deposition objections must be filed at least 3 business days before trial.

Objections to those portions (citing pages and lines) with supporting authority must be filed at least three business days before trial.

Deadline

21 calendar days

Opposed motions may be considered 21 days after filing without further notice.

Pursuant to the Local Rules, opposed motions may be considered by the Court after expiration of 21 days from the motion filing date, without notice from the Court.

Deadline

1 calendar days

Waivers of hearings must be filed by 3:00 PM the day before the hearing.

All Waivers of Hearings must be filed by 3:00 pm the day prior to the Hearing.

Deadline

14 calendar days

Joint Discovery/Case-Management Plan must be filed 14 days before the Rule 16 Initial Pretrial Conference.

Before the date for filing the Joint Discovery/Case-Management Plan with the court, which is 14 days before the Rule 16 Initial Pretrial Conference is set, counsel and any unrepresented parties must meet to discuss the case and prepare the Joint Discovery/Case-Management Plan and Proposed Scheduling and Docket Control Order.

Deadline

14 calendar days

Parties must file the Joint Discovery/Case-Management Plan and proposed Docket Control and Scheduling Order no later than 14 days before the scheduled Rule 16 Conference.

No later than 14 days before the Rule 16 Conference is scheduled, the parties must file the Joint Discovery/Case-Management Plan and the proposed Docket Control and Scheduling Order.

Docket call serves as the final pretrial conference unless counsel are notified otherwise.

Unless counsel are notified otherwise, the court will use docket call as a final pretrial conference.

Deadline

48 hours

Cases on the two-week trailing docket are subject to trial call on 48 hours notice.

The court maintains a two-week trailing docket during which a case is subject to call to trial on 48-hours notice.

Deadline

7 calendar days

Exhibits in Joint Pretrial Order are admitted into evidence unless written objections are filed 7 days before trial.

The court will admit all exhibits listed in the Joint Pretrial Order into evidence unless opposing counsel files written objections supported by authority at least 7 days before trial.

Deadline

7 calendar days

Applies to

Objection

Objections to deposition portions must be filed at least 7 days before trial.

Objections to those portions (citing pages and lines) with supporting authority must be filed at least 7 days before trial.

Deadline

30 calendar days

Applies to

Closing papers

Closing papers must be filed within 30 days after settlement announcement.

Announcement of settlement must be followed by the closing papers within 30 days.

Deadline

7 calendar days

Required

Always

Documents submitted within 7 calendar days of Docket Call will not be considered by the court.

No documents filed within 7 days of the Docket Call will be considered.

Deadline

7 calendar days

Exhibits in final Joint Pretrial Order are admitted unless written objections with authorities are filed at least 7 days before trial.

The court will admit all exhibits listed in the final Joint Pretrial Order into evidence unless the opposing parties file written objections with authorities at least 7 days before trial.

Deadline

15 calendar days

Counsel must file a list of financially interested entities within 15 days of receiving the order and amend it as parties are added.

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.

Deadline

14 calendar days

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

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

Deadline

21 calendar days

Court will rule on default judgment motion no sooner than 21 days after filing if no hearing is needed.

If no hearing is necessary, the Court will rule on the Motion for Default Judgment no sooner than twenty-one (21) days after the filing of the motion.

The court holds docket call on the last Friday of each month.

The court generally holds docket call the last Friday of each month.

Pending motions may be ruled on before or during docket call.

All pending motions may be ruled on before or at docket call.