Court Rules

Southern District of Texas Filing Timing and Cure Windows

207 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Cutoffs and deemed-filed rules

CRITICALCivil cases

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.

Judge David Hittner

CRITICALCivil cases

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.

Judge David Hittner

CRITICAL

Original documents offered must be filed as soon as practicable.

File all original documents as soon as practicable.

Judge Drew B. Tipton

CRITICAL

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.

Judge Keith P. Ellison

CRITICAL

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 deposition by video must file a disclosure identifying the line and page numbers to be offered.

Judge Keith P. Ellison

CRITICAL

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.

Judge Keith P. Ellison

CRITICAL

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.

Judge Keith P. Ellison

CRITICAL

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

Judge Keith P. Ellison

CRITICAL

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

Judge Keith P. Ellison

CRITICALCivil cases

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.

Judge Kenneth M. Hoyt

CRITICALCivil cases

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.

Judge Kenneth M. Hoyt

CRITICALCriminal cases

Counsel will be generally allowed fifteen (15) to thirty (30) minutes (depending on the complexity of the case) to conduct an examination of the venire, provided that the proposed voir dire questions are submitted in advance to the Court.

Counsel will be generally allowed fifteen (15) to thirty (30) minutes (depending on the complexity of the case) to conduct an examination of the venire, provided that the proposed voir dire questions are submitted in advance to the Court.

Judge Marina Garcia Marmolejo

CRITICALCivil cases

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.

Judge Rolando Olvera

CRITICALCivil cases

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

Proposed voir dire questions must be filed with the JPO.

Judge Rolando Olvera

CRITICAL

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.

Magistrate Judge Nadia S. Medrano

CRITICAL

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.

Senior Judge Lee H. Rosenthal

WARNING

Urgent documents delivered or transmitted after 5:00 p.m. may not be reviewed until the next business day.

Documents delivered or transmitted after 5:00 p.m. may not be reviewed until the next business day.

Magistrate Judge Yvonne Y. Ho

INFO

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

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

Senior Judge Lee H. Rosenthal

INFO

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

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

Senior Judge Lee H. Rosenthal

Filing deadlines

CRITICALCivil cases

Fixed-fee agreements must be filed within 15 days of the petition date and use the Bankruptcy Court’s promulgated form.

Fixed fee agreements must (i) be filed within 15 days of the petition date; and (ii) be in the form promulgated from time-to-time by the Bankruptcy Court.

Bankruptcy Marvin Isgur

CRITICALCivil cases

Deadline
20 calendar days

Debtors must file a response to a tax-return-based motion to dismiss within 20 days after the trustee files it.

Within 20 days after the trustee has filed a motion to dismiss a case based on delinquent tax returns, the debtors must file a response to the motion.

Bankruptcy Marvin Isgur

CRITICALCivil cases

Deadline
3 business days

The debtor must provide the budget analysis at the § 341 meeting and file it with the Court within three business days after the meeting concludes.

A copy of the budget analysis must be provided by the debtor at the § 341 meeting of creditors, and must be filed with the Court not later than 3 business days following the conclusion of the § 341 meeting:

Bankruptcy Marvin Isgur

CRITICALCivil cases

Debtors must file delinquent returns and provide copies to the trustee and IRS, or file one of the specified responses, within 20 days of the motion; the IRS copy must bear an original signature and be sent to the correct IRS stop address.

1. FILE ALL DELINQUENT RETURNS WITHIN 20 DAYS OF THE DATE ON THIS MOTION AND PROVIDE A COPY TO THE CHAPTER 13 TRUSTEE AND TO THE INTERNAL REVENUE SERVICE. THE COPY PROVIDED TO THE INTERNAL REVENUE SERVICE MUST CONTAIN AN ORIGINAL SIGNATURE AND MUST BE SENT TO: INSERT CORRECT IRS STOP ADDRESS 2. FILE A RESPONSE WITHIN 20 DAYS THAT SHOWS THAT YOUR RETURNS ARE CURRENT. 3. FILE A RESPONSE WITHIN 20 DAYS THAT SHOWS THAT THE COURT SHOULD ALLOW YOU ADDITIONAL TIME TO FILE YOUR TAX RETURNS.

Bankruptcy Marvin Isgur

CRITICALCivil cases

An application for allowance of an administrative expense must be filed within 20 days of entry of the order.

3. Any application for allowance of an administrative expense in this case must be filed within 20 days of entry of this order.

Bankruptcy Marvin Isgur

CRITICALCivil cases

Deadline
10 calendar days

If debtors neither pay the filing fee nor request a hearing within 10 days after service of the notice, the case may be dismissed without further notice.

c. If the debtor(s) do not pay the filing fee or request a hearing within 10 days after the notice is served, the case may be dismissed without further notice.

Bankruptcy Marvin Isgur

CRITICALCivil cases

Fixed-fee agreements must be filed within 15 days of the petition date and use the Bankruptcy Court’s promulgated form.

Fixed fee agreements must (i) be filed within 15 days of the petition date; and (ii) be in the form promulgated from time-to-time by the Bankruptcy Court.

Bankruptcy Marvin Isgur

CRITICALCivil cases

Deadline
20 calendar days

Debtors must file a response to a tax-return-based motion to dismiss within 20 days after the trustee files it.

Within 20 days after the trustee has filed a motion to dismiss a case based on delinquent tax returns, the debtors must file a response to the motion.

Bankruptcy Marvin Isgur

CRITICALCivil cases

Deadline
3 business days

The debtor must provide the budget analysis at the § 341 meeting and file it with the Court within three business days after the meeting concludes.

A copy of the budget analysis must be provided by the debtor at the § 341 meeting of creditors, and must be filed with the Court not later than 3 business days following the conclusion of the § 341 meeting:

Bankruptcy Marvin Isgur

CRITICALCivil cases

Debtors must file delinquent returns and provide copies to the trustee and IRS, or file one of the specified responses, within 20 days of the motion; the IRS copy must bear an original signature and be sent to the correct IRS stop address.

1. FILE ALL DELINQUENT RETURNS WITHIN 20 DAYS OF THE DATE ON THIS MOTION AND PROVIDE A COPY TO THE CHAPTER 13 TRUSTEE AND TO THE INTERNAL REVENUE SERVICE. THE COPY PROVIDED TO THE INTERNAL REVENUE SERVICE MUST CONTAIN AN ORIGINAL SIGNATURE AND MUST BE SENT TO: INSERT CORRECT IRS STOP ADDRESS 2. FILE A RESPONSE WITHIN 20 DAYS THAT SHOWS THAT YOUR RETURNS ARE CURRENT. 3. FILE A RESPONSE WITHIN 20 DAYS THAT SHOWS THAT THE COURT SHOULD ALLOW YOU ADDITIONAL TIME TO FILE YOUR TAX RETURNS.

Bankruptcy Marvin Isgur

CRITICALCivil cases

An application for allowance of an administrative expense must be filed within 20 days of entry of the order.

3. Any application for allowance of an administrative expense in this case must be filed within 20 days of entry of this order.

Bankruptcy Marvin Isgur

CRITICALCivil cases

Deadline
10 calendar days

If debtors neither pay the filing fee nor request a hearing within 10 days after service of the notice, the case may be dismissed without further notice.

c. If the debtor(s) do not pay the filing fee or request a hearing within 10 days after the notice is served, the case may be dismissed without further notice.

Bankruptcy Marvin Isgur

CRITICALCivil cases

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.

Judge Alfred H. Bennett

CRITICALCivil cases

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.

Judge Alfred H. Bennett

CRITICALCivil cases

Documents filed within seven (or ~ 30 days of docket call will not be considered.

Documents filed within seven (or ~ 30 days of docket call will not be considered.

Judge Charles R. Eskridge III

CRITICALCivil cases

Documents filed within seven days of docket call will not be considered.

Documents filed within seven (7) days of docket call will not be considered.

Judge Charles R. Eskridge III

CRITICALCivil cases

Deadline
3 business days

Exhibit objections must be filed within three business days after the Joint Pretrial Order is filed.

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

Judge Drew B. Tipton

CRITICALCivil cases

All exhibits must be exchanged no later than the filing date of the Joint Pretrial Order.

Exchange all exhibits no later than the date the Joint Pretrial Order is filed.

Judge Drew B. Tipton

CRITICALCivil cases

Deadline
6 business days

Responses to exhibit objections must be filed within six 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.

Judge Drew B. Tipton

CRITICALCivil cases

Deadline
7 calendar days

Provide the Court only copies of exhibits subject to objections, no later than seven calendar days after the Joint Pretrial Order is filed.

Instead, provide only copies of exhibits to which objections are lodged no later than seven calendar days after the Joint Pretrial Order is filed.

Judge Drew B. Tipton

CRITICALCivil cases

Deadline
3 business days

Objections to deposition designations must be filed within three 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.

Judge Drew B. Tipton

CRITICAL

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.

Judge Drew B. Tipton

CRITICAL

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.

Judge Drew B. Tipton

CRITICAL

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.

Judge Drew B. Tipton

CRITICAL

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.

Judge Drew B. Tipton

CRITICAL

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.

Judge Drew B. Tipton

CRITICAL

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.

Judge Drew B. Tipton

CRITICAL

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.

Judge Drew B. Tipton

CRITICAL

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

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

Judge Drew B. Tipton

CRITICAL

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.

Judge Drew B. Tipton

CRITICAL

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.

Judge Drew B. Tipton

CRITICAL

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.

Judge Drew B. Tipton

CRITICALCivil cases

Deadline
3 business days

Exhibit objections must be filed within three business days after the Joint Pretrial Order is filed.

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

Judge Drew B. Tipton

CRITICALCivil cases

All exhibits must be exchanged no later than the filing date of the Joint Pretrial Order.

Exchange all exhibits no later than the date the Joint Pretrial Order is filed.

Judge Drew B. Tipton

CRITICALCivil cases

Deadline
6 business days

Responses to exhibit objections must be filed within six 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.

Judge Drew B. Tipton

CRITICALCivil cases

Deadline
7 calendar days

Provide the Court only copies of exhibits subject to objections, no later than seven calendar days after the Joint Pretrial Order is filed.

Instead, provide only copies of exhibits to which objections are lodged no later than seven calendar days after the Joint Pretrial Order is filed.

Judge Drew B. Tipton

CRITICALCivil cases

Deadline
3 business days

Objections to deposition designations must be filed within three 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.

Judge Drew B. Tipton

CRITICALCivil cases

The Insurer must provide its Initial Discovery responses within 45 days after submitting a responsive pleading or motion, unless the court orders otherwise.

The Insurer’s Initial Discovery responses must be provided within 45 days after the Insurer has submitted a responsive pleading or motion, unless the court rules otherwise.

Judge George C. Hanks Jr.

CRITICAL

Replies are due within 7 days after the response is filed.

Replies must be filed within 7 days of the date the response is filed.

Judge Jeffrey V. Brown

CRITICAL

Responses to motions are due within 21 days unless the court orders otherwise.

Responses to motions must be filed within 21 days unless the court orders otherwise.

Judge Jeffrey V. Brown

CRITICAL

In criminal cases, a motion to suppress must be filed before the pretrial conference unless the court orders otherwise.

A motion to suppress in a criminal case must be filed before the pretrial conference unless otherwise ordered by the court. See Fed. R. Crim. P. 12.

Judge Jeffrey V. Brown

CRITICAL

If leave to amend is granted, the amended pleading (with redline formatting removed) must be filed within 14 days of the order granting leave, unless the court orders otherwise.

If granted or allowed, the amended pleading shall be filed, with redline formatting removed, and served on all parties under Fed. R. Civ. P. 5 within fourteen (14) days of the filing of the order granting leave to amend, unless the court orders otherwise.

Judge Jeffrey V. Brown

CRITICAL

The Joint Discovery/Case Management Plan must be filed at least 10 days before the Rule 16 conference.

A Joint Discovery/Case Management Plan, in the form found on Judge Brown's homepage, must be filed at least 10 days before the Rule 16 conference.

Judge Jeffrey V. Brown

CRITICAL

The Joint Discovery/Case Management Plan must be filed at least 10 days before the Rule 16 conference.

A Joint Discovery/Case Management Plan, in the form found on Judge Brown's homepage, must be filed at least 10 days before the Rule 16 conference.

Judge Jeffrey V. Brown

CRITICALCivil cases

Written discovery requests must be filed early enough for the recipient’s response to be due by the discovery-completion deadline.

Written discovery requests ===== PAGE 2 ===== 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.

Judge Jeffrey V. Brown

CRITICALCivil cases

Rule 10 pretrial filings must be filed at least one day before docket call.

All Pretrial Filings (exhibit list, witness list, etc.) required under Rule 10 of the Galveston District Court Rules of Practice must be filed at least one day before this date.

Judge Jeffrey V. Brown

CRITICALCivil cases

Deadline
3 business days

Written objections with supporting authority must be filed at least three business days before trial to prevent admission of an exhibit listed in the Joint Pretrial Order.

C. Exhibits will be offered and admitted into evidence as the first item of business at the trial. The Court will admit all exhibits listed in the Joint Pretrial Order unless opposing counsel has filed written objections with supporting authority at least three (3) business days before trial.

Judge John D. Rainey

CRITICALCivil cases

Deadline
3 business days

Objections to deposition portions, with page and line citations and supporting authority, must be filed three business days before trial.

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

Judge John D. Rainey

CRITICALCivil cases

Counsel must submit closing papers within 30 days as directed by the order entered after settlement.

An order will be entered advising counsel to submit closing papers within 30 days.

Judge John D. Rainey

CRITICALCivil cases

Deadline
3 business days

Written objections with supporting authority must be filed at least three business days before trial to prevent admission of an exhibit listed in the Joint Pretrial Order.

C. Exhibits will be offered and admitted into evidence as the first item of business at the trial. The Court will admit all exhibits listed in the Joint Pretrial Order unless opposing counsel has filed written objections with supporting authority at least three (3) business days before trial.

Judge John D. Rainey

CRITICALCivil cases

Deadline
3 business days

Objections to deposition portions, with page and line citations and supporting authority, must be filed three business days before trial.

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

Judge John D. Rainey

CRITICALCivil cases

Counsel must submit closing papers within 30 days as directed by the order entered after settlement.

An order will be entered advising counsel to submit closing papers within 30 days.

Judge John D. Rainey

CRITICAL

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.

Judge Keith P. Ellison

CRITICAL

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

DISCOVERY must be completed by:

Judge Keith P. Ellison

CRITICAL

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.

Judge Keith P. Ellison

CRITICAL

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)

Judge Keith P. Ellison

CRITICAL

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

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

Judge Keith P. Ellison

CRITICAL

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.

Judge Keith P. Ellison

CRITICAL

Deadline
1 business days

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.

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.

Judge Keith P. Ellison

CRITICAL

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.

Judge Keith P. Ellison

CRITICAL

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.

Judge Keith P. Ellison

CRITICAL

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.

Judge Keith P. Ellison

CRITICAL

NEW PARTIES shall be joined by:

NEW PARTIES shall be joined by:

Judge Keith P. Ellison

CRITICAL

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.

Judge Keith P. Ellison

CRITICAL

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)

Judge Keith P. Ellison

CRITICAL

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.

Judge Keith P. Ellison

CRITICAL

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.

Judge Keith P. Ellison

CRITICAL

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.

Judge Keith P. Ellison

CRITICALCivil cases

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).

Judge Kenneth M. Hoyt

CRITICALCivil cases

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).

Judge Kenneth M. Hoyt

CRITICALCivil cases

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.

Judge Kenneth M. Hoyt

CRITICALCivil cases

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.

Judge Kenneth M. Hoyt

CRITICALCivil cases

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).

Judge Kenneth M. Hoyt

CRITICALCriminal cases

The Government has 14 days to file a response to motions to suppress evidence, an exception to the general 7-day response deadline.

An exception to the general response deadline is made for motions to suppress evidence. The Government shall have fourteen (14) days to file a response.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Deadline
7 calendar days

Objections to exhibits must be filed within 7 calendar days after the exhibit is listed and made available and at least 7 days before trial, and failure to object in writing in advance of trial concedes authenticity.

Objections to Exhibits, if any, must be filed within seven (7) calendar days after the exhibit is listed and made available and at least seven (7) days before trial. Failure to object in advance of trial in writing concedes authenticity. See CrLR55.2(A) and (B).

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

The Court sets a deadline for completion of the PSI Report; counsel, not the U.S. Probation Office, is responsible for obtaining it and will not be further notified of its completion.

The Court will set a deadline for completion of the Presentence Investigation ("PSI") Report by the U.S. Probation Office. It is the responsibility of counsel to obtain the PSI Report. The U.S. Probation Office is not required to further advise counsel of the completion of the PSI Report.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Defense and government counsel must submit written objections or a written statement of non-opposition to the U.S. Probation Office within 14 days of receiving the PSI Report.

The attorney for the Defendant and the attorney for the Government shall submit either written objections or a written statement of non-opposition to the U.S. Probation Office and serve the same on opposing counsel within fourteen (14) days of receiving the PSI Report.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Failure to timely file PSI objections triggers a show cause hearing, and while late objections will not be held against defendants, the Court may impose monetary sanctions on counsel.

The Court admonishes counsel that the failure to timely file objections will result in a show cause hearing where counsel will be asked to explain why the Court's deadline could not be met and why a motion to extend time to file objections was not filed. While late-filed objections will not be held against the Defendant(s), the Court may impose monetary sanctions against counsel for not complying with the rules.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Absent clear good cause, failure to timely respond to a non-frivolous PSI objection concedes the issue; no response is required for objections foreclosed by binding precedent and filed merely to preserve the issue.

Absent a clear demonstration of good cause, a party's failure to timely respond and dispute the objections filed by opposing counsel concedes the issue so long as the objection is non-frivolous. An objection is frivolous, for example, if it is foreclosed by binding precedent, unless it is merely filed to preserve the issue for further review. A party is not required to respond to objections foreclosed by binding precedent and filed to preserve the issue.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

In child sexual abuse material cases, the Government has 90 days from the date of conviction to identify victims seeking restitution using the CIR, VIR, or other investigative tools.

In child sexual abuse material cases, the Government shall be afforded ninety (90) days from the date of the defendant’s conviction to identify victims seeking restitution using the Child Identification Report (CIR) or the Victim Identification Report (VIR), which are prepared by the National Center for Missing and Exploited Children (NCMEC), or any other investigative tools at its disposal.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

The U.S. Probation Office must incorporate the Paroline findings into the defendant's PSI within 14 days of the Government's filing of its Paroline memorandum.

The U.S. Probation Office must incorporate the Paroline findings into the defendant’s PSI within fourteen (14) days of the Government’s filing of the memorandum.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Motions to dismiss, sever, and for separate trial must be specific and brought to the Court's attention at least 30 days before jury selection.

All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and brought to the Court's attention at least thirty (30) days before jury selection.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Failure to file a timely response is deemed a concession of the issue presented absent a clear demonstration of good cause.

Absent a clear demonstration of good cause, the failure to file a timely response will be deemed a concession of the issue presented.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Applies to
Paroline memorandum

The Government must file its Paroline restitution memorandum within 30 days of receipt of the identifiable victims requesting restitution.

Upon receipt of the identifiable victims requesting restitution, the Government must file its Paroline v. United States, 572 U.S. 434 (2014) memorandum within thirty 30 days.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Deadline
5 business days

Travel requests must be submitted to Chambers at least five business days before the controlling deadline (exceptions only for verifiable medical emergencies or funerals), and failure to comply absent good cause results in denial.

Travel requests must be submitted to Chambers a minimum of five (5) business days before the controlling deadline, with exceptions only for verifiable medical emergencies or funerals. Attorneys must also furnish Probation with both the request and documentary proof within the same five (5) business day timeframe, ensuring adequate time for Probation to verify and assess the request's merits. Requests will be granted at the Court's discretion. Failure to comply with this rule, absent good cause, will result in the request being denied.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Deadline
14 calendar days
Applies to
Sentencing memorandum

Sentencing memoranda with pertinent attachments (e.g., letters and photographs) for § 3553(a) variance consideration must be filed within 14 calendar days of receiving the PSI Report.

(14) calendar days of receiving the PSI Report, any sentencing memorandum with any pertinent attachments—such as letters and photographs—for consideration of variances under 18 U.S.C. § 3553(a).

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Safety valve debriefs in applicable drug offenses must be completed no later than one week before the PSI Report disclosure date.

“Safety Valve” Debriefs in applicable drug offenses pursuant to 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2, must be completed no later than one week prior to the PSI Report disclosure date.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

The opposing party must file a response within 7 days to any opposed filing requesting relief, regardless of how it is styled.

Any opposed filing requesting relief from the Court—whether styled as a motion, notice, advisory, or otherwise— triggers a duty for the opposing party to file a response within seven (7) days of filing.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Deadline
14 calendar days

Opposing counsel must file a written response to PSI Report objections within 14 calendar days of receiving them.

No later than fourteen (14) calendar days after receiving a party's objections to the PSI Report, opposing counsel shall file a written response to the objections.

Judge Marina Garcia Marmolejo

CRITICALCivil cases

Deadline
3 business days

Exhibit objections must be filed within three business days after the Joint Pretrial Order is filed.

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

Judge Nicholas Jon Ganjei

CRITICALCivil cases

Deadline
6 business days

Responses to exhibit objections must be filed within six 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.

Judge Nicholas Jon Ganjei

CRITICALCivil cases

Deadline
3 business days

Objections to deposition designations must be filed within three 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.

Judge Nicholas Jon Ganjei

CRITICALCivil cases

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 See FRCP 26(a)(2)(D); Local Rule 9(A)(4).

Judge Rolando Olvera

CRITICALCivil cases

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.

Judge Rolando Olvera

CRITICALCivil cases

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

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

Judge Rolando Olvera

CRITICALCivil cases

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

Judge Rolando Olvera

CRITICALCivil cases

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

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

Judge Rolando Olvera

CRITICALCivil cases

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

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

Judge Rolando Olvera

CRITICALCivil cases

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.

Judge Rolando Olvera

CRITICALCivil cases

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.

Judge Rolando Olvera

CRITICALCivil cases

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.

Judge Rolando Olvera

CRITICALCivil cases

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.

Judge Rolando Olvera

CRITICALCivil cases

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.

Judge Rolando Olvera

CRITICALCivil cases

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.

Judge Rolando Olvera

CRITICALCivil cases

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.

Judge Rolando Olvera

CRITICALCivil cases

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.

Judge Rolando Olvera

CRITICALCivil cases

Mediation and status reports due 30 days after JPO filing.

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

Judge Rolando Olvera

CRITICALCivil cases

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

Discovery completion deadline: 90 days before JPO deadline

Judge Rolando Olvera

CRITICALCivil cases

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

Responses to motions in limine deadline: 30 days after JPO

Judge Rolando Olvera

CRITICALCivil cases

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

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

Judge Rolando Olvera

CRITICALCivil cases

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

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

Judge Rolando Olvera

CRITICALCivil cases

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 See FRCP 26(a)(2)(D); Local Rule 9(A)(5).

Judge Rolando Olvera

CRITICALCivil cases

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

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

Judge Rolando Olvera

CRITICALCivil cases

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

Judge Rolando Olvera

CRITICALCivil cases

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).

Judge Rolando Olvera

CRITICALCivil cases

Motions in limine due 15 days after JPO filing.

Motions in limine deadline: 15 days after JPO

Judge Rolando Olvera

CRITICALCivil cases

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

Non-dispositive motions deadline: 30 days after discovery deadline

Judge Rolando Olvera

CRITICALCivil cases

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.

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.

Judge Rolando Olvera

CRITICALCivil cases

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).

Judge Rolando Olvera

CRITICALCivil cases

Motions in limine due 15 days after JPO filing.

Motions in limine deadline: 15 days after JPO

Judge Rolando Olvera

CRITICALCivil cases

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

Non-dispositive motions deadline: 30 days after discovery deadline

Judge Rolando Olvera

CRITICALCivil cases

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.

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.

Judge Rolando Olvera

CRITICALCivil cases

Deadline
45 calendar days

The Insured must provide Initial Discovery responses within 45 days after the Insurer submits a responsive pleading or motion, unless the court orders otherwise.

The Insured’s Initial Discovery responses must be provided within 45 days after the Insurer has submitted a responsive pleading or motion, unless the court orders otherwise.

Magistrate Judge Andrew M. Edison

CRITICALCivil cases

Deadline
45 calendar days

The Insured must provide Initial Discovery responses within 45 days after the Insurer submits a responsive pleading or motion, unless the court orders otherwise.

The Insured’s Initial Discovery responses must be provided within 45 days after the Insurer has submitted a responsive pleading or motion, unless the court orders otherwise.

Magistrate Judge Andrew M. Edison

CRITICALCivil cases

Deadline
30 calendar days

Borrower must provide responses within 30 days after the earlier of the filing of a responsive pleading or motion to dismiss, or the filing of a notice of removal, unless the court orders otherwise.

Borrower’s responses to these Initial Discovery Protocols must be provided within the earlier of 30 days after: (i) a responsive pleading or motion to dismiss has been filed; or (ii) a notice of removal has been filed, unless the court orders otherwise.

Magistrate Judge Andrew M. Edison

CRITICAL

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.

Magistrate Judge Nadia S. Medrano

CRITICALCivil cases

The Joint Pretrial Order must be filed by its deadline even if a motion for continuance is pending.

The JOINT PRETRIAL ORDER shall be filed on or before this date even if a motion for continuance is pending.

Magistrate Judge Richard W. Bennett

CRITICALCivil cases

The Joint Pretrial Order must be filed by its deadline even if a motion for continuance is pending.

The JOINT PRETRIAL ORDER shall be filed on or before this date even if a motion for continuance is pending.

Magistrate Judge Richard W. Bennett

CRITICALCivil cases

Borrower must provide responses within 30 days after the earlier of filing a responsive pleading or motion to dismiss or filing a notice of removal, unless the court orders otherwise.

Borrower’s responses to these Initial Discovery Protocols must be provided within the earlier of 30 days after: (i) a responsive pleading or motion to dismiss has been filed; or (ii) a notice of removal has been filed, unless the court orders otherwise.

Magistrate Judge Richard W. Bennett

CRITICAL

The joint pretrial order must be filed by the deadline specified in the Court's scheduling order.

The joint pretrial order must be filed by the deadline specified in the Court's scheduling order.

Magistrate Judge Yvonne Y. Ho

CRITICAL

Responses to motions in limine are due no later than seven days after the joint pretrial order is filed.

Responses to motions in limine must be filed no later than seven days after the joint pretrial order is filed.

Magistrate Judge Yvonne Y. Ho

CRITICAL

Written objections to exhibits, supported by authority, must be filed at least 7 days before trial or listed exhibits may be offered in evidence.

Unless the Court otherwise directs, a party may offer in evidence any exhibits listed in the joint pretrial order unless the opposing party has filed specific written objections supported by authority at least 7 days before trial.

Magistrate Judge Yvonne Y. Ho

CRITICAL

The plaintiff is responsible for filing the joint pretrial order by the court-set deadline.

The plaintiff is responsible for filing the pretrial order on this date.

Magistrate Judge Yvonne Y. Ho

CRITICAL

Motions in limine must be filed by the same deadline as the joint pretrial order.

Motions in limine must also be filed by this date.

Magistrate Judge Yvonne Y. Ho

CRITICAL

All dispositive and non-dispositive motions, except motions in limine, must be filed by the motions deadline set in the scheduling order.

All dispositive and non-dispositive motions (except motions in limine) are due by this date

Magistrate Judge Yvonne Y. Ho

CRITICAL

Exhibits listed in the final Joint Pretrial Order may be admitted at the Court's discretion unless written objections supported by authority are filed at least 7 days before trial.

At the Court's discretion, exhibits listed in the final Joint Pretrial Order may be admitted into evidence unless the opposing party files written objections, supported by authority, at least 7 days before trial.

Magistrate Judge Yvonne Y. Ho

CRITICAL

Objections to proposed video designations must be filed at least 7 days before trial.

Objections to the proposed designations (citing pages and lines) must include supporting authority must be filed at least 7 days before trial.

Magistrate Judge Yvonne Y. Ho

CRITICAL

Trial notebooks and exhibit binders must be jointly submitted at least four days before the start of trial.

At least four days before the start of trial, the parties must jointly submit two sets of each of the following

Magistrate Judge Yvonne Y. Ho

CRITICALCriminal cases

Motions to dismiss, sever, or for separate trial must be specific and brought to the Court’s attention at least 30 days before jury selection.

All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and brought to the Court’s attention at least thirty (30) days before jury selection.

Senior Judge Andrew S. Hanen

CRITICALCriminal cases

Deadline
24 hours

Exhibit and witness lists must be electronically filed at least 24 hours before the hearing.

Exhibit and witness lists must be electronically filed at least 24 hours prior to the hearing.

Senior Judge Andrew S. Hanen

CRITICALCriminal cases

An opposition to discovery must be filed immediately, and responses must comply with the specified Local Rules.

If discovery is opposed, opposition must be filed immediately and response(s) must comply with the Local Rules for the Southern District of Texas, in particular SDTX CrLR 12.3.

Senior Judge Andrew S. Hanen

CRITICALCriminal cases

Deadline
30 calendar days

The specified motions must be filed with a hearing request at least 30 days before jury selection.

All Motions to Dismiss the Indictment, Motions to Sever or for Separate Trials, and any other motions, regardless of how styled, which challenge and/or collaterally attack a prior order of deportation [for example, those made pursuant to 28 U.S.C. § 2241] shall be filed together with a request for a hearing at least thirty (30) days before jury selection.

Senior Judge Andrew S. Hanen

CRITICALCriminal cases

The specified motions must be filed with a hearing request at least 30 days before jury selection.

All Motions to Dismiss the Indictment, Motions to Sever or for Separate Trials, and any other motions, regardless of how styled, which challenge and/or collaterally attack a prior order of deportation [for example, those made pursuant to 28 U.S.C. § 2241] shall be filed together with a request for a hearing at least thirty (30) days before jury selection.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Dispositive motions, including Daubert motions, must be filed at least 120 days before the final pretrial conference unless the Scheduling Order provides otherwise.

Unless otherwise indicated in the Scheduling Order entered at the Initial Pretrial Conference, dispositive motions must be filed at least 120 days, and nondispositive motions must be filed at least 45 days, before the date set for final pretrial conference (also referred to as docket call). A Daubert motion falls under the rule governing dispositive motions.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Nondispositive motions must be filed at least 45 days before the final pretrial conference unless the Scheduling Order provides otherwise.

Unless otherwise indicated in the Scheduling Order entered at the Initial Pretrial Conference, dispositive motions must be filed at least 120 days, and nondispositive motions must be filed at least 45 days, before the date set for final pretrial conference (also referred to as docket call).

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Deadline
2 business days

Attempts to reach opposing counsel made less than two full business days before filing do not satisfy the conference requirement.

The Court will not consider the conference requirement to be satisfied by an unsuccessful attempt to reach opposing counsel occurring less than two full business days before a motion is filed.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Replies must be filed within 10 days after the response and should only address new arguments, authority, or evidence presented in the response.

If the movant desires to file a reply, it must be filed within 10 days thereafter. The reply should not unnecessarily repeat arguments made in the motion and should only respond to any new arguments, authority, or evidence presented by the opposing party in the response.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Failure to respond, or to respond timely, to a motion is treated as no opposition and as agreement to the motion and the relief requested.

Failure to respond to a motion will be taken as a representation of no opposition. Failure to file a timely response shall be taken as an indication that the opposing party agrees to the motion and the relief requested.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Late-filed motions, responses, or replies must be accompanied by a motion for leave to file showing good cause; late filings without such a motion will not be considered.

Any motion, response, or reply filed after the time limits contained in these rules must be accompanied by a motion for leave to file that explains why the document was not timely filed. The Court will only grant a motion for leave to file a motion, response, or reply late if good cause is shown. A motion, response, or reply filed late, and not accompanied by a motion for leave, will not be considered.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

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

Senior Judge Andrew S. Hanen

CRITICALCivil cases

If any of the parties think that a protective order should be entered in this case, the part[y/ies] seeking the order should request an order from the court as soon as possible, but no later than 15 days after the defendant’s submission of a responsive pleading or motion.

If any of the parties think that a protective order should be entered in this case, the part[y/ies] seeking the order should request an order from the court as soon as possible, but no later than 15 days after the defendant’s submission of a responsive pleading or motion.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Deadline
3 business days

Objections to deposition designations must be filed at least three business days before the final pretrial conference, and objecting counsel bears the burden of securing a ruling before trial begins.

Objections to those portions, citing page and line numbers, with supporting authority must be filed at least three (3) business days before the final pretrial conference. Counsel making such objection shall have the burden of securing a ruling from the Court either at the final pretrial conference or at some other time before the trial has begun.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

In employment cases subject to the Initial Discovery Protocols, the parties must exchange the protocol documents and information within 30 days after the defendant's submission of a responsive pleading or motion, superseding FRCP 26(a)(1) initial disclosures.

Within 30 days after the defendant’s submission of a responsive pleading or motion, the parties must provide to one another the documents and information described in the Initial Discovery Protocols for the relevant time period. This obligation supersedes the parties’ obligations to provide initial disclosures under FED. R. CIV. P. 26(a)(1).

Senior Judge Andrew S. Hanen

CRITICALCivil cases

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

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

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Responses to opposed motions are due within 21 days after the motion is filed with the Clerk's Office, unless otherwise ordered.

Unless otherwise ordered, counsel must respond to an opposed motion within 21 days from the date the motion is filed with the Clerk's Office.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Pretrial disclosures must be made at least 30 days before trial unless otherwise directed by the court.

Unless otherwise directed by the court, these disclosures must be made at least 30 days before trial. See FED. R. CIV. P. 26(a)(3).

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Within 15 days of receiving this order, counsel must file a list of all financially interested entities (including parent, subsidiary, and affiliated corporations and all known attorneys of record), with group descriptions permitted where effective disclosure.

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.

Senior Judge Andrew S. Hanen

CRITICAL

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.

Senior Judge Lee H. Rosenthal

CRITICAL

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.

Senior Judge Lee H. Rosenthal

CRITICAL

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.

Senior Judge Lee H. Rosenthal

CRITICAL

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.

Senior Judge Lee H. Rosenthal

CRITICAL

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.

Senior Judge Lee H. Rosenthal

CRITICAL

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.

Senior Judge Lee H. Rosenthal

CRITICAL

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.

Senior Judge Lee H. Rosenthal

CRITICAL

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.

Senior Judge Lee H. Rosenthal

CRITICALCivil cases

Objections to deposition testimony portions must cite the pages and lines and include supporting authority, and 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.

Senior Judge Lee H. Rosenthal

CRITICALCivil cases

Exhibits listed in the final Joint Pretrial Order will be admitted unless opposing parties file written objections with authorities 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.

Senior Judge Lee H. Rosenthal

WARNINGCivil cases

Deadline
25 calendar days

Except in truly exceptional circumstances, the Court will not extend the time to file the plan, schedules, or statements beyond 25 days.

Because the FRBP require a creditor’s meeting within 50 days, except for truly exceptional circumstances, the Court will not grant an extension beyond 25 days for filing the plan, schedules or statements.

Bankruptcy Marvin Isgur

WARNINGCivil cases

Deadline
25 calendar days

Except in truly exceptional circumstances, the Court will not extend the time to file the plan, schedules, or statements beyond 25 days.

Because the FRBP require a creditor’s meeting within 50 days, except for truly exceptional circumstances, the Court will not grant an extension beyond 25 days for filing the plan, schedules or statements.

Bankruptcy Marvin Isgur

WARNINGCivil cases

Instruments filed within seven days before docket call will not be considered at docket call.

No instrument filed within 7 days before the at 4:00 p.m. Docket Call will be considered at Docket Call.

Judge Ewing Werlein, Jr.

WARNINGCivil cases

Instruments filed within seven days before docket call will not be considered at docket call.

No instrument filed within 7 days before the at 4:00 p.m. Docket Call will be considered at Docket Call.

Judge Ewing Werlein, Jr.

WARNING

Deadline
72 hours

The parties should exchange these materials at least 72 hours before the hearing and confer beforehand to narrow evidentiary objections.

The parties should exchange these materials at least 72 hours before the hearing and confer beforehand to narrow evidentiary objections.

Judge Jeffrey V. Brown

WARNING

Following the Court's examination, each side usually will be allowed to examine the panel briefly, provided that the proposed voir dire questions were properly and timely submitted on the same date as the joint pretrial order. See supra § 7(b)(i).

Following the Court's examination, each side usually will be allowed to examine the panel briefly, provided that the proposed voir dire questions were properly and timely submitted on the same date as the joint pretrial order. See supra § 7(b)(i).

Magistrate Judge Yvonne Y. Ho

WARNINGCivil cases

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.

Senior Judge Andrew S. Hanen

WARNINGCivil cases

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).

Senior Judge Andrew S. Hanen

WARNINGCivil cases

Failure to designate material as confidential at production is not a waiver, provided the material is designated no later than the later of 14 days after the close of discovery or 14 days after production.

The disclosure of a document or information without designating it as “confidential” shall not constitute a waiver of the right to designate such document or information as Confidential Information provided that the material is designated pursuant to the procedures set forth herein no later than that latter of fourteen (14) days after the close of discovery or fourteen (14) days after the document or information’s production.

Senior Judge Andrew S. Hanen

WARNINGCivil cases

Motions in limine may be filed with the Final Pretrial Order, but counsel are cautioned not to try to utilize a limine motion in lieu of a motion that should have been filed as a dispositive or Daubert motion.

Motions in limine may be filed with the Final Pretrial Order, but counsel are cautioned not to try to utilize a limine motion in lieu of a motion that should have been filed as a dispositive or Daubert motion.

Senior Judge Andrew S. Hanen

INFO

On settlement announcements the court enters conditional dismissal, and any party may move to reinstate within 60 days.

The court will order conditional dismissal—without prejudice to the right of any party to move to reinstate within 60 days—on all settlement announcements.

Judge Jeffrey V. Brown

INFOCriminal cases

Deadline
14 calendar days

The U.S. Probation Office must submit the final PSI report, with an addendum of unresolved objections and the officer's comments, to the Sentencing Judge within 14 calendar days of receiving the parties' responses.

No later than fourteen (14) calendar days after receiving the responses from the parties, the U.S. Probation Office shall complete and submit to the Sentencing Judge the final report, together with an addendum describing any objections that have not been resolved, and the officer's comments thereon.

Judge Marina Garcia Marmolejo

INFO

Opposed motions may be considered by the Court after 21 days from the motion filing date without any notice from the Court.

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.

Magistrate Judge Juan F. Alanis

INFOCivil cases

Sur-replies are permitted under the local rules, but the Court may rule on a motion once it is ripe without waiting for a sur-reply or any filing.

A sur-reply may be filed as per the local rules; but the Court will not wait on a sur-reply to rule. The Court may rule on any motion once it becomes ripe regardless of whether a response, reply, or sur-reply has been filed.

Senior Judge Andrew S. Hanen

INFOCivil cases

Motions will be decided without a hearing once the non-movant has had 21 days to respond, unless the Court sets a hearing.

Unless a motion hearing is set by the Court, all motions to which the non-movant has had 21 days to respond will be decided without the necessity of a hearing.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

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.

Judge David Hittner

CRITICALCivil cases

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.

Judge David Hittner

CRITICALCivil cases

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.

Judge Rolando Olvera

CRITICALCivil cases

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.

Judge Rolando Olvera

WARNING

Deadline
24 hours

Each party must file its pretrial filings—exhibit list, witness list, proposed voir dire questions, proposed jury instructions, motions in limine, and deposition designations and objections—at least 24 hours before docket call.

Instead, at least 24 hours document: exhibit list, witness list, proposed voir dire questions, proposed jury instructions, motions in limine, and deposition designations and objections.

Judge Jeffrey V. Brown

WARNING

Deadline
24 hours

Each party must file its pretrial filings—exhibit list, witness list, proposed voir dire questions, proposed jury instructions, motions in limine, and deposition designations and objections—at least 24 hours before docket call.

Instead, at least 24 hours document: exhibit list, witness list, proposed voir dire questions, proposed jury instructions, motions in limine, and deposition designations and objections.

Judge Jeffrey V. Brown
Common questions about Southern District of Texas filing timing and cure windows rules

What filing deadlines apply to expert designation and expert report filings in Southern District of Texas?

Judge Rolando Olvera: Plaintiff's expert designations and reports due 180 days before discovery deadline.

View ruleOfficial source Source: page 19, section Item 4

1 more rule answers this question.

What filing deadlines does Southern District of Texas set?

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

View ruleOfficial source Source: page 8, section 9. REQUIRED PRETRIAL MATERIALS B. Joint Pretrial Order (“JPO”)

Bankruptcy Marvin Isgur: Fixed-fee agreements must be filed within 15 days of the petition date and use the Bankruptcy Court’s promulgated form.

View ruleOfficial source Source: page 11, section 16. Debtors= Attorneys= fees

Magistrate Judge Nadia S. Medrano: Opposed motions may be considered 21 days after filing without further notice.

View ruleOfficial source Source: page 2, section 3. MOTION PRACTICE

95 more rules answer this question.

What filing deadlines apply to joint pretrial order filings in Southern District of Texas?

Judge Rolando Olvera: Joint Pretrial Order with witness and exhibit lists due 60 days before Final Pretrial Conference.

View ruleOfficial source Source: page 20, section Item 11

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

View ruleOfficial source Source: page 17, section 23. MOTIONS IN LIMINE

Judge Keith P. Ellison: Joint pretrial orders must be filed on Monday one week prior to the trial date.

View ruleOfficial source Source: page 21, section Scheduling/Docket Control Order

4 more rules answer this question.

What filing deadlines apply to opposition filings in Southern District of Texas?

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

View ruleOfficial source Source: page 4, section MOTION PRACTICE AND BRIEFS

What filing deadlines apply to sur reply filings in Southern District of Texas?

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

View ruleOfficial source Source: page 4, section MOTION PRACTICE AND BRIEFS

Senior Judge Andrew S. Hanen: Sur-replies are permitted under the local rules, but the Court may rule on a motion once it is ripe without waiting for a sur-reply or any filing.

View ruleOfficial source Source: page 8, section Motion Practice - D

What filing deadlines apply to objection to deposition excerpts filings in Southern District of Texas?

Judge Rolando Olvera: Objections to deposition excerpts must be filed within 15 days after the JPO deadline.

View ruleOfficial source Source: page 11, section Use of Depositions at Trial