Southern District of Texas Document Format Requirements

Margins

1 in

Briefs and memoranda must use 12pt Times New Roman font, 1-inch margins; footnotes must use 10pt Times New Roman font.

Briefs and memoranda shall be in 12 point, Times New Roman Font, with one-inch margins. Footnote citations shall be in 10 point, Times New Roman Font.

All amended pleadings, proposed orders, documents, and briefs must mark changed content with a single red underline (redline).

Judge Rodriguez requires that this “mark” be in the form of redline—a single red underline denoting the amended portion—on not only petitions and their supporting documents, but as to all amended pleadings, proposed orders, documents, and briefs.

Proposed orders must include a blank signature space for the court and omit signature blocks/text.

THE PROPOSED ORDER MUST INCLUDE A BLANK SPACE FOR THE COURT’S SIGNATURE. DO NOT INCLUDE A SIGNATURE BLOCK OR SIGNATURE TEXT BLOCK.

Agreed Order forms from the court’s website cannot be altered without leave of court.

Submission of an Agreed Order utilizing a form from the court’s website may not be altered without first obtaining leave of court.

Witness and exhibit lists for evidentiary hearings/trials must use Form 1-100, failure to comply results in the noncomplying list being struck.

evidentiary hearings/trials in Chief Judge Rodriguez’s Court.1 Failure to use Form 1-100 will result in the Court striking the noncomplying list.

All exhibits must comply with General Order 2021-5 paragraph 4, requiring CM/ECF filing, separate witness/exhibit list, and each exhibit as a separate attachment.

All exhibits, whether hard copy or electronic, must comply with the United States Bankruptcy Court of the Southern District of Texas General Order 2021-5, paragraph 4, which states: If a party-in-interest intends to introduce documents into evidence at a remote or at an in-person hearing, the documents must be filed on CM/ECF. A witness and exhibit list should be filed as a document, with each exhibit being filed as a separate attachment to the witness and exhibit list. For example, if there are three exhibits, and the next CM/ECF document sequence is 101, the witness and exhibit list will be ECF document 101, exhibit 1 will be ECF document 101-1, exhibit 2 will be ECF document 101-2, and exhibit 3 will be ECF document 101-3.

Motions for relief from stay regarding exempt residences or vehicles must use the court's standard promulgated form.

Relief from stay must be sought, with respect to exempt residences or exempt vehicles, on a standard form of motion promulgated by the Court.

Proposed agreed or default orders for motions for relief from stay must use the court-promulgated form; no alterations are permitted without leave of court.

A proposed form of agreed or default order on a motion for relief must use the form promulgated by the Court, unless otherwise provided in the Local Rules. Parties are not authorized to alter the promulgated form of order without first obtaining leave of Court.

Motions for continuation or imposition of automatic stay must comply with Fed. R. Bankr. P. 9014, include verified specific facts, and not include relief other than the stay continuation/imposition.

A motion for continuation of the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B), or request for the imposition of the automatic stay pursuant to 11 U.S.C. § 362(c)(4)(B), shall be a contested matter commenced by the filing and service of a motion in accordance with FED. R. BANKR. P. 9014. The motion shall contain allegations of specific fact supporting the requested relief, verified by an affidavit or declaration under oath upon the declarant’s personal knowledge. Any relief sought by the movant or requesting party other than the continuation or imposition of the automatic stay shall not be included in the motion, but may be sought in a separate request for relief filed in accordance with FED. R. BANKR. P. 9014 and/or FED. R. BANKR. P. 7001, as applicable.

Means Test documents must be filed as a separate CM/ECF event in all cases requiring a Means Test.

All Means Test documents must be filed as a separate CM/ECF event in each case where a Means Test is required.

All amended documents must be submitted with redline changes.

All amended documents must be redlined.

Petitions and schedules must include electronic bookmarks when e-filed.

All petitions and schedules must be electronically bookmarked when e-filed.

Required

Always

E-filed documents must not have security settings that prevent editing.

E-Filed documents must be submitted without security settings/protection preventing editing.

Emergency motions must include the word 'Emergency' in the document title.

Emergency motion must contain the word “Emergency” in the title of the motion.

Motions and orders for stay relief on exempt residences and vehicles must use standardized forms, mandatory throughout Southern District of Texas.

Procedures adopt use of standardized forms for motions and orders. Use is mandatory throughout the Southern District of Texas.

Parties must use identical forms if an agreement is reached after initial filing of Form M-2.

If agreement is later reached, utilize identical forms as already displayed.

Proposed orders (Form O-1) must have no boxes marked.

Submit order with no boxes marked

Format

PAPER

Correspondence is prohibited from electronic filing.

Correspondence shall not be filed electronically.

Leave of Court required for conventional filing of documents over 50 pages; electronic filing encouraged.

Leave of Court is required for the conventional filing of documents greater than 50 pages in length. Such documents should be filed electronically when possible.

Required

Always

Leave of Court required for conventional filing of double-sided documents; electronic filing encouraged.

Leave of Court is required for the conventional filing of documents printed on both sides. Such documents should be filed electronically when possible.

Required

Always

Leave of Court required for filing over-sized or irregularly shaped documents not readily imagable; electronic filing encouraged.

Leave of Court is required for the filing of over-sized or irregularly shaped documents which are not capable of being readily imaged by court personnel and equipment. Such documents should be filed electronically when possible.

A bench copy of all documentary exhibits is required; voluminous exhibits may be provided on disc in PDF, DOC, or WPD formats.

A Bench copy of all documentary exhibits intended to be introduced. If voluminous, documents may be provided on disc in .pdf, .doc, or .wpd formats.

Proposed voir dire questions must be included in the Final Pretrial Order.

Proposed voir dire questions are to be included in the Final Pretrial Order.

Required

Always

All filed documents must be submitted via Court-compliant electronic means unless exempted.

Except as expressly provided or unless permitted by the presiding Judge, the Court requires documents being filed to be submitted, signed or verified by electronic means that comply with the procedures established by the Court.

Opposed motions must be in writing.

Opposed motions shall A. Be in writing;

Responses to motions must be in writing.

Must be written;

Filing papers must be 8½x11 inch letter paper, stapled at the top only, punched with two top holes, double-spaced, paginated, and not enclosed in covers.

LR10.2 Format. Papers offered for filing may not be in covers. They must be on 8½" x 11" paper, stapled at the top only, punched at the top with two holes, double spaced, and paginated.

Bar admission applications must be filed on the form prescribed by the Court.

C. Application. The lawyer shall file an application on a form prescribed by the Court.

Required

Always

Electronic filing and service rules for civil cases under LR5 apply to criminal cases.

The provisions of LR5 with respect to electronic filing and service in civil cases are applicable to criminal cases.

Exhibit lists must be prepared on a form similar to the clerk-provided template.

On a form similar to the one provided by the clerk, each party will attach two lists of all exhibits expected to be offered

Exhibits must be marked with date and case number as a formatting requirement.

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

Required

Always

All filings must be double-spaced in 12-point Times New Roman font, with footnotes in the same font.

Filings must be double-spaced in Times New Roman 12-point font. All footnotes must be in Times New Roman 12-point font.

Format

DOCX

Proposed Jury Instructions courtesy copy must be in Microsoft Word (DOCX) format.

Prior to the docket call or pretrial conference, each party must email the Case Manager a courtesy copy of the Proposed Jury Instructions in Microsoft Word format.

Required

Always

All filings must use double-spaced Times New Roman 12-point font, including footnotes.

Filings must be double-spaced in Times New Roman 12-point font. All footnotes must be in Times New Roman 12-point font.

All legal authority in motions must be cited within the document body, not in footnotes.

All authority must be cited within the body of the document and not footnoted;

Proposed orders must not include “Proposed” in the title and must use the format of the example order provided.

Do not include “Proposed” in the title of the order. An example of an Order can be found at the bottom of this document. Please use the format featured in the example;

Format

DOCX

Proposed Jury Instructions must be submitted in Microsoft Word (DOCX) format.

Prior to the docket call, each party must email the Case Manager a courtesy copy of the Proposed Jury Instructions in Microsoft Word format.

Exhibits must be identified with numbers, not letters.

Attorneys should use numbers, not letters, for exhibits.

Deposition designations must be prepared using Form 15.

Use Form 15 to prepare deposition designations.

Draft proposed orders must be prepared using Form 11.

Use Form 11 to prepare draft proposed orders.

Margins

1 in

Motion papers must use letter-size paper, minimum 13-point font, 1-inch margins, and be double-spaced except for quotations, headings, and footnotes.

Use American letter-size paper, a minimum 13-point font, and a minimum of 1" margins. Double space except for lengthy quotations, headings, and footnotes.

Joint Pretrial Orders must use Form 12, adapted as needed for case complexity.

a. Form. Use Form 12 to prepare a Joint Pretrial Order. Adapt it within reason to accommodate the nature and complexity of the case.

Trial exhibit lists must use Form 13, exhibits marked with party name/case number/exhibit number, only good faith jury exhibits listed.

a. Form. Use Form 13 to prepare a trial exhibit list. Also refer to Section 14. Each offering party must mark its own exhibits with the party’s name, case number, and exhibit number. List only those exhibits intended in good faith for use before the jury during trial.

Exhibits must be exchanged via agreed form; absent agreement, use well-organized USB drives or similar download.

Seek agreement on the form of exchange. Absent agreement, exchange well-organized USB drives or provide for similar download.

Witness lists must be prepared using Form 14.

Use Form 14 to prepare a witness list.

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

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

Deposition designations must include a cover sheet with specified content for each witness.

Include a cover sheet with concise summary of topics for each witness, the first deposition page, and at least two pages prior to and after any designation.

Deposition designations must highlight designated testimony, counter-designations, and objections in contrasting colors.

Highlight in contrasting colors to indicate all designated testimony, counter-designations, and objections.

Condensed transcripts (four pages to one) must be used for deposition designations when available.

Use a condensed transcript (four pages to one) when available.

Disputed language in civil jury instructions must be marked with bold, italicized, or differently colored font, identifying the requesting party for each version.

Identify by bold, italicized, or differently colored font any disputed language and which party requests each competing version;

Format

DOCX

For jury instruction (charge) submissions, civil cases require plaintiff to submit a DOCX version via email/USB; criminal cases require prosecution and defense to each submit a DOCX version via email/USB.

c. Court copies. Follow Section 21 regarding submission of the charge. In civil cases, counsel for plaintiff must also jointly submit a Word version by email or USB drive. In criminal cases, counsel for prosecution and defense must each also submit a Word version by email or USB drive.

Format

DOCX

For bench trial proposed findings of fact and conclusions of law, plaintiff counsel must submit a DOCX version via email or USB drive.

f. Court copies. Follow Section 21 regarding submission of these materials. Counsel for plaintiff must also jointly submit a Word version by email or USB drive.

Agreed findings/conclusions use black font; plaintiff disagreements use red font, defendant disagreements use blue font.

Use black font for all agreed findings and conclusions. Where the parties disagree, use different color font, with plaintiff submitted in red and defendant submitted in blue.

Margins

1 in

All pleadings filed after the original complaint must be double-spaced, with at least 1-inch margins and 14-point font.

ALL PLEADINGS (SUBSEQUENT TO THE ORIGINAL COMPLAINT) FILED IN THE COURT MUST BE: DOUBLE SPACED, NOT LESS THAN ONE INCH MARGINS AND 14 POINT FONT.

Exhibits must be marked with the offering party's name, case number, and exhibit number.

The offering party shall mark its exhibits with the party’s name, case number, and exhibit number.

Proposed jury instructions must have citations of authority on a separate page.

proposed Jury Instructions (with citation of authority on a separate page)

Hard copy courtesy copies must be tabbed at the right margin, in binders no larger than 4 inches, marked with CM/ECF docket number unless urgent.

Form. Provide hard copies as well as electronic copies. When providing hard copies, organize exhibits and attachments by tab at the right margin. Use the smallest binders that comfortably hold the material. Do not use binders larger than four inches. Divide into multiple binders when necessary. Provide courtesy copies marked with the file-stamped CM/ECF system docket number unless submitted on an urgent basis.

Margins

1 in

Motion papers must use letter-size paper, minimum 12-point font, 1-inch margins (½-inch for footnotes/headers/footers), double-spaced except for quotations/headings/footnotes.

Style. Use American letter-size paper, a minimum 12-point font, and a minimum of 1-inch margins with ½-inch margins for footnotes, page numbers and any headers or footers. Double space except for lengthy quotations, headings, and footnotes.

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

Supply affidavits, deposition testimony excerpts, and supporting documents as separate exhibits to the filing. Provide a cover sheet to identify and separate each exhibit and identify them clearly on the CM/ECF docket entry when filing, e.g., “Exhibit A Declaration of John Doe.”

Legal authority not available on Westlaw or Lexis-Nexis must be filed as an appendix with a cover sheet.

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

Applies to

Joint pretrial order

Joint Pretrial Orders must be prepared using Form 6.

Use Form 6 to prepare a Joint Pretrial Order.

Applies to

Joint pretrial order

Section 19 pretrial filings must be filed as exhibits to the Joint Pretrial Order on CM/ECF.

When filing the Joint Pretrial Order on the CM/ECF system, file the pretrial filings set out in Section 19 as exhibits.

Applies to

Joint pretrial order

Joint Pretrial Orders must be signed by all lead counsel.

All lead counsel must sign the Joint Pretrial Order.

Each party must file required pretrial filings 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.

Applies to

Trial exhibit list

Trial exhibit lists must use Form 7 and be filed on the Joint Pretrial Order filing date.

Use Form 7 to prepare a trial exhibit list, which must be filed on the date the Joint Pretrial Order is filed.

Applies to

Trial exhibit

Trial exhibits must be marked with the offering party’s name, case number, and exhibit number.

Each offering party must mark its own exhibits with the party’s name, case number, and exhibit number.

Deposition designations must be prepared using Form 9 and filed on the Joint Pretrial Order filing date.

Use Form 9 to prepare deposition designations, which must be filed on the date the Joint Pretrial Order is filed.

Parties are prohibited from making copies of juror questionnaires.

Do not make copies.

Format

DOCX

Civil plaintiffs and criminal prosecution and defense must submit Word-format jury instructions via email to the Court’s Case Manager.

Court copies. In civil cases, counsel for Plaintiff must also submit a Word version by email to the Court’s Case Manager. In criminal cases, counsel for Prosecution and Defense must each also submit a Word version by email.

Agreed proposed findings and conclusions must be in black font.

Use black font for all agreed findings and conclusions. Make it clear in the proposed findings that this means that the parties are agreed as to those.

Disagreed proposed findings must be in red for plaintiff and blue for defendant.

Where the parties disagree, use different color font. For example, if the parties do not agree on finding of fact number 7, plaintiff should submit their proposed number 7 in red and the defendant should submit their proposed number 7 in blue.

Proposed scheduling order must use Form 4 from the Court’s home page.

Use Form 4 on this Court’s home page. 1

Joint Pretrial Orders must use the forms provided on the Court’s website.

Use the forms provided on the Court’s website. https://www.txs.uscourts.gov/Tipton.

Courtesy copies must include hard and electronic copies, with hard copies tabbed, binder size limited to 4 inches, and marked with CM/ECF docket number unless urgent.

Form. Provide hard copies as well as electronic copies. When providing hard copies, organize exhibits and attachments by tab at the right margin. Use the smallest binders that comfortably hold the material. Do not use binders larger than four inches. Divide into multiple binders when necessary. Provide courtesy copies marked with the file-stamped CM/ECF system docket number unless submitted on an urgent basis.

Margins

1 in

Motion papers must use letter-size paper, minimum 12-point font, 1-inch margins (½-inch for footnotes/headers), double spacing except for specified sections.

Use American letter-size paper, a minimum 12-point font, and a minimum of 1-inch margins with ½-inch margins for footnotes, page numbers and any headers or footers. Double space except for lengthy quotations, headings, and footnotes.

Boilerplate objections or responses to deposition designations will not be considered by the Court.

Boilerplate objections or responses will not be considered.

Boilerplate motions in limine are prohibited.

Do not file boilerplate motions.

Juror questionnaires may not be copied and must be returned after jury selection concludes.

Do not make copies. Return all questionnaires on conclusion of jury selection.

Civil joint proposed jury charges must meet specific content and formatting requirements including order, authority, and pattern instruction use.

Submit a complete joint charge with the proposed instructions in the order that you would like them read to the jury. Where the parties agree, say so in the heading of that proposed instruction. Where the parties disagree, each party should offer their own proposed instruction in order. Present each instruction, definition, and question with supporting legal authority; Use the Fifth Circuit Pattern Jury Instructions whenever possible; and Identify with legal support any deviations from the pattern instructions.

Criminal parties must provide supporting legal authority for all requested jury instructions, definitions, and questions.

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

Format

DOCX

Jury instruction court copies must be submitted in Word (DOCX) format.

In civil cases, counsel for Plaintiff must also submit a Word version by email to the Court’s Case Manager. In criminal cases, counsel for Prosecution and Defense must each also submit a Word version by email.

Agreed findings use black font; conflicting parties use red (plaintiff) and blue (defendant) font, with trial citations required for disagreements.

Use black font for all agreed findings and conclusions. Make it clear in the proposed findings that this means that the parties are agreed as to those. Where the parties disagree, use different color font. For example, if the parties do not agree on finding of fact number 7, plaintiff should submit their proposed number 7 in red and the defendant should submit their proposed number 7 in blue. Also, where the parties do not agree, provide citations to specific testimony and evidence from trial.

Proposed scheduling order must use Form 4 from the Court’s home page.

Use Form 4 on this Court’s home page.

Joint Pretrial Orders must use the forms provided on the Court’s website and contain Rule 26(a)(3) disclosures.

Use the forms provided on the Court’s website. https://www.txs.uscourts.gov/Tipton.

Proposed orders are prohibited from containing a bare signature block.

Do not submit a proposed order that contains a bare signature block.

Proposed orders must use the Court's form and exclude system codes and billing numbers.

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

Append copies of cited authorities only if not in commonly used resources or easily accessible on Westlaw/Lexis.

Please append copies of cases and the relevant parts of authorities that are cited only if the authorities are not found in commonly used resources such as the United States Code, United States Supreme Court Reporter, Federal Reporters, Federal Rules Decisions, Federal Supplement, Southwestern Reporter Second or Third, or Vernon=s Revised Statutes and Codes Annotated. Unpublished authorities that are easily available on Westlaw or Lexis also do not need to be provided to the Court.

Evidence relied on in motions/briefs/memoranda must be filed in separate appendices.

Copies of supporting affidavits, deposition testimony excerpts, and other evidence relied upon in the motion, brief, or memorandum should be separately filed in one or more appendices.

Defendants must file their Joint Pretrial Order portions in proper format if plaintiffs fail to file timely.

If the plaintiff fails to file the Joint Pretrial Order, then the defendant is responsible for filing the defendant=s portions of the Proposed Pretrial Order in the Joint Pretrial Order format.

Format

DOCX

For non-jury trials, Proposed Conclusions of Law must be filed in Microsoft Word format.

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

Disputed jury charge items must be formatted in bold, underline, or italics.

Each disputed instruction, definition, or question should be set out in bold type, underlined or italics and identified as disputed.

Format

DOCX

Proposed jury charge must be submitted in Microsoft Word format via email to the Case Manager prior to trial.

d. Prior to the start of trial, the parties shall also submit the proposed charge electronically in Microsoft Word, by emailing it to the Case Manager.

Format

DOCX

For non-jury trials, Proposed Findings of Fact must be filed in Microsoft Word format.

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

Offering parties should mark exhibits pre-trial with party name, case number, and exhibit number.

The offering party should mark its own exhibits prior to trial and include the party=s name, case number, and exhibit number on each exhibit to be offered. (Example: Smith Construction, 3:10-cv-0010, Ex. 1.)

Jury instructions must be numbered, on separate sheets, with citations and authority.

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

Joint Discovery/Case Management Plan must be in the form on Judge Brown’s homepage and filed 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.

Required

Always

All filings must be double-spaced with 13-point or larger font.

Filings must be double-spaced and in 13-point or larger font.

Required

Always

Filings must comply with Bluebook, Greenbook, and Redbook citation rules, with Greenbook prevailing over Bluebook conflicts.

Filings should substantially comply with The Bluebook: A Uniform System of Citation, the Texas Law Review’s The Greenbook: Texas Rules of Form and Manual on Usage & Style (a.k.a. “The Whitebook”), and Bryan Garner’s The Redbook: A Manual on Legal Style. Conflicts between The Bluebook and The Greenbook should be resolved in The Greenbook’s favor. Any citation to these rules should follow this example: Gal. Div. R. Prac. 5.

Sound and video exhibits must be submitted on USB thumb drives, not CDs.

Exhibits consisting of sound or video files should be sent to the court in USB thumb drives—not on CDs.

Format

PDF

All responses, briefs, and pleadings must be filed in text-searchable PDF format, not scanned images.

responses, other briefs, and pleadings—must be filed in text-searchable PDF format, not as scanned images, so the court can search the text.

Format

DOCX

Proposed orders in ex parte admiralty matters must be in Word (DOCX) format.

Plaintiffs/petitioners in ex parte admiralty matters should email Word versions of all proposed orders to Judge Edison’s Case Manager at ruben castro@txs.uscourts.gov.

Designated documents must be marked with CONFIDENTIAL or CONFIDENTIAL—FOR ATTORNEYS’ EYES ONLY; non-documentary material must be designated equivalently.

10. Documents shall be designated by stamping or otherwise marking the documents with the words “CONFIDENTIAL” or “CONFIDENTIAL—FOR ATTORNEYS’ EYES ONLY,” thus clearly identifying the category of Designated Material for which protection is sought under the terms of this Order. Designated Material not reduced to documentary form shall be designated by the producing party in a reasonably equivalent way.

Deposition transcripts may be designated when recorded or by written notice to counsel; counsel must mark copies as directed, and exhibits must have the same confidentiality designation as the original material.

13. Deposition transcripts or portions thereof may be designated either (a) when the testimony is recorded, or (b) by written notice to all counsel of record, 3 ===== PAGE 4 ===== transcript, in which case all counsel receiving such notice shall be responsible for marking the copies of the designated transcript or portion thereof in their possession or control as directed by the Designating Party. Pending expiration of the 10 business days, the deposition transcript shall be treated as designated. When testimony is designated at a deposition, the Designating Party may exclude from the deposition all persons other than those to whom the Designated Material may be disclosed under paragraph 5 of this Order. Any party may mark Designated Material as a deposition exhibit, provided the deposition witness is one to whom the exhibit may be disclosed under paragraph 5 of this Order, and the exhibit and related transcript pages receive the same confidentiality designation as the original Designated Material.

Sealed documents must include 'SEALED' in the title, be docketed with '(SEALED)' suffix, and cannot be docketed as 'SEALED DOCUMENT' without court permission.

identified as “SEALED” in the title of the document. For example, a motion for summary judgment filed under seal must be docketed as “MOTION for Summary Judgment (SEALED).” No pleading may be filed for docketing simply as “SEALED DOCUMENT” without advance permission of the Court.

Required

Always

Counsel must include their email addresses in all filings.

Counsel shall include in their filings their email addresses.

Format

DOCX

Proposed jury instructions must be submitted on a CD in Microsoft Word format.

The proposed charges must also be submitted electronically on a CD in Microsoft Word.

Format

DOCX

Proposed Findings of Fact for Non-Jury Trials must be filed in Microsoft Word (DOCX) format.

Proposed Findings of Fact (electronically in Microsoft Word).

Format

DOCX

Proposed Conclusions of Law for Non-Jury Trials must be filed in Microsoft Word (DOCX) format.

Proposed Conclusions of Law (electronically in Microsoft Word).

Format

PAPER

Parties must provide the Court with a complete printed set of exhibits in a tabbed, indexed notebook for trial use.

The parties must provide the Court with a complete printed set of exhibits for use at trial in a properly tabbed and indexed notebook.

Format

DOCX

Proposed Findings of Fact must be filed electronically in Microsoft Word format.

Proposed Findings of Fact (electronically in Microsoft Word).

Format

DOCX

Proposed Conclusions of Law must be filed electronically in Microsoft Word format.

Proposed Conclusions of Law (electronically in Microsoft Word).

Exhibit copies provided to the Court must be formatted in a properly tabbed and indexed notebook.

Counsel for each party is required to provide the Court with a copy of that party's exhibits in a properly tabbed and indexed notebook.

All exhibits must be marked with the date and case number.

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

Joint Pretrial Order must include four lists of expected exhibits per party on the Clerk of Court’s provided form.

On a form like the one provided by the Clerk of the Court, each party will attach four lists of all exhibits expected to be offered and will make the exhibits available for opposing counsel’s examination. See sample at Appendix D-1.

Witness lists must be on a form similar to the Clerk's provided form, include required witness details, and follow Appendix D-2 sample.

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

Exhibit lists must be filed on Appendix D-1 form with specified header information and columns for exhibit details.

BROWNSVILLE DIVISION CIVIL ACTION NO. B- V. EXHIBIT LIST LIST OF: TYPE OF HEARING: JUDGE: CLERK: REPORTER: FERNANDO RODRIGUEZ, JR. BALVINA ESPINOZA SHEILA PERALES N O. DESCRIPTION OFR OBJ ADM DATE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. APPENDIX “D-1”

Applications for restraining orders or immediate relief must be filed through the District Clerk’s office at the specified address and phone number.

Applications for restraining orders or other applications for immediate relief must be made through the District Clerk’s office: U.S. District Clerk’s Office 600 E. Harrison Street, Suite 101 Brownsville, Texas 78520 (956) 548-2500

All pleadings must be filed electronically through the ECF system.

The Southern District of Texas requires the electronic filing of all pleadings. This reduces the burden on the District Clerk’s Office and increases the efficiency of the Court. Generally, all pleadings in this District must be filed through the Electronic Case Filing System (ECF).

Leave of Court required for conventional filing of documents over 50 pages; electronic filing preferred.

Leave of Court is required for the conventional filing of documents greater than 50 pages in length. Such documents should be filed electronically when possible.

Leave of Court required for conventional filing of double-sided documents; electronic filing preferred.

Leave of Court is required for the conventional filing of documents printed on both sides. Such documents should be filed electronically when possible.

Leave of Court required for filing over-sized/irregular documents not readily imaged; electronic filing preferred.

Leave of Court is required for the filing of over-sized or irregularly shaped documents which are not capable of being readily imaged by court personnel and equipment. Such documents should be filed electronically when possible.

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

Prior to the Final Pretrial Conference, the offering party will mark each exhibit to be offered with the party's identity, case number, and exhibit copy of that party's exhibits in a properly tabbed and indexed notebook.

Appendices must be tabbed to easily locate contained materials.

Each appendix should contain a paginated table of contents and should be tabbed to locate easily the materials contained in the appendix.

Format

DOCX

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

(i) 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. These instructions should be in the most final form possible.

Contingent jury instructions must be marked in brackets and bold typeface.

contingent upon events that may occur during the trial (for example, an instruction to disregard testimony that has been ordered stricken from the record), the instruction should be clearly indicated in brackets and bold typeface.

Format

DOCX

Contested jury instructions must be submitted via separate disk/email (Word format) and hard copy, with changes in brackets and bold italic.

If counsel cannot agree on a particular instruction, the proponent of the contested instruction should submit, on a separate disk or email in a Word format and in hard copy, an additional set of proposed jury instructions with the requested addition, deletion, or revision clearly indicated in brackets and bold italic typeface.

Contingent civil jury instructions must be enclosed in brackets and formatted in bold typeface.

If the inclusion of any particular instruction is contingent upon events that may occur during the trial (for example, an instruction to disregard testimony that has been ordered stricken from the record), the instruction should be clearly indicated in brackets and bold typeface.

Applies to

Proposed jury instructions

Format

DOCX

Proponents of contested jury instructions must submit an additional set in Word format (via disk or email) and hard copy, with changes marked in brackets and bold italic.

the proponent of the contested instruction should submit, on a separate disk or email in a Word format and in hard copy, an additional set of proposed jury instructions with the requested addition, deletion, or revision clearly indicated in brackets and bold italic typeface.

If special master/expert appointed, moving party must provide Opening Brief on disk/CD plus hard copy tabbed/bound in notebook to them.

If a special master or court-appointed expert has been appointed, the moving party must provide the Opening Brief on disk or CD along with a hard copy, tabbed and bound in notebook format with exhibits, to the special master or court-appointed expert.

If special master/expert appointed, nonmoving party must provide Responsive Brief on disk/CD plus hard copy tabbed/bound in notebook to them.

If a special master or court-appointed expert has been appointed, the nonmoving party must supply a copy of its Response on disk or CD along with a hard copy, tabbed and bound in notebook format with exhibits, to the special master or court-appointed expert.

If special master/expert appointed, moving party must provide Reply Brief on disk/CD plus hard copy tabbed/bound in notebook to them.

If a special master or court-appointed expert has been appointed, the moving party must provide the Reply Brief on disk or CD along with a hard copy, tabbed and bound in notebook format with exhibits, to the special master or court-appointed expert.

Format

WORD_PERFECT

Claim Construction Chart must be submitted in WordPerfect 8.0 or higher format per P.R. 4-5(d).

Parties to submit Claim Construction Chart in WordPerfect 8.0 (or higher) format in compliance with P.R. 4-5(d).

Depositions read into evidence must be edited to exclude irrelevant/repetitious testimony; only relevant portions allowed.

All depositions to be read into evidence as part of the parties’ case-in-chief must be EDITED (with notice to opposing parties) to exclude all unnecessary, repetitious, and irrelevant testimony. ONLY those portions relevant to the issues in controversy may be read into evidence.

Margins

1 in

Briefs must use 8.5x11 paper, double-spaced text (exceptions for quotes, headings, footnotes), and 1-inch margins.

A brief or memorandum of law must be on 81/2 by 11-inch paper. The text must be double-spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least one inch on all four sides

Briefs and motions must use at least 12-point font; footnotes may be 10-point minimum.

No brief or motion shall be filed with the Court with a font or typeface smaller than twelve (12) point type. Footnotes may be in a font smaller than twelve (12) but not less than ten (10) point type.

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

All appendices should contain a paginated table of contents and should be tabbed for easy location of the materials contained.

Format

DOCX

Proposed jury charges must be in Microsoft Word format.

The parties shall submit the proposed jury charge electronically and by e-mail to the Case Manager, in Microsoft Word format.

Format

DOCX

Proposed findings of fact must be in Microsoft Word format.

Proposed findings of fact, electronically and by e-mail, to the Case Manager in Microsoft Word format. Counsel should include references to testimony and exhibits that support each proposed finding;

Format

DOCX

Proposed conclusions of law must be in Microsoft Word format.

Proposed conclusions of law, electronically and by e-mail, to the Case Manager in Microsoft Word format. Each proposed conclusion of law should contain citation to legal authority supporting the conclusions;

Exhibits must be submitted in properly tabbed notebook form.

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.

Conventionally filed (non-electronic) appendices must be tabbed at the right margin.

Conventionally filed (i.e., not electronically) appendices and all courtesy copies should be tabbed at the right margin to facilitate location of the materials cited.

Format

WORD_PERFECT

Proposed Findings of Fact must be filed electronically in Corel WordPerfect X3+ or Microsoft Word, with references to supporting testimony and exhibits.

Proposed Findings of Fact (electronically in Corel WordPerfect X3 or higher, or Microsoft Word). Counsel are strongly encouraged to include references to testimony and exhibits that support each proposed finding;

Format

WORD_PERFECT

Proposed Conclusions of Law must be filed electronically in Corel WordPerfect X3+ or Microsoft Word, with citations to supporting legal authority.

Proposed Conclusions of Law (electronically in Corel WordPerfect, X3 or higher, or Microsoft Word). Each proposed conclusion of law shall contain citation to legal authority supporting the conclusions;

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

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

Margins

1 in

Memoranda of law must use 12-point font, double spacing, and 1-inch margins.

12-point font, double-spaced, with 1” margins

Proposed Findings of Fact must be electronic in Corel WordPerfect X3+ or Microsoft Word; encourage referencing supporting testimony and exhibits.

Proposed Findings of Fact (electronically in Corel WordPerfect X3 or higher, or Microsoft Word). The Court strongly encourages counsel to reference testimony and exhibits that support each proposed finding of fact;

Proposed Conclusions of Law must be electronic in Corel WordPerfect X3 or higher, or Microsoft Word.

Proposed Conclusions of Law (electronically in Corel WordPerfect X3 or higher, or Microsoft Word).

Exhibits must be submitted via JERS on single storage device to Case Manager by noon day before trial; JERS is only allowed method.

The Court will use the Jury Evidence Recording System (JERS) to capture evidence electronically during the trial. This is the only method by which evidence may be submitted, and the parties must submit all files on a single storage device to the Case Manager by noon on the day before trial. For further instructions on the proper use of JERS, including the acceptable storage devices, file formats, and naming conventions, refer to the Court’s JERS information page on the Court’s website.

Conventionally filed appendices and all courtesy copies must be tabbed at the right margin.

Conventionally filed (i.e., not electronically) appendices and all courtesy copies should be tabbed at the right margin to facilitate location of the materials cited.

Proposed Findings of Fact must be filed electronically in Corel WordPerfect X3 or higher or Microsoft Word.

Proposed Findings of Fact (electronically in Corel WordPerfect X3 or higher, or Microsoft Word). Counsel are strongly encouraged to include references to testimony and exhibits that support each proposed finding;

Proposed Conclusions of Law must be filed electronically in Corel WordPerfect X3 or higher or Microsoft Word, with citations to legal authority.

Proposed Conclusions of Law (electronically in Corel WordPerfect, X3 or higher, or Microsoft Word). Each proposed conclusion of law shall contain citation to legal authority supporting the conclusions;

Format

WORD_PERFECT

Proposed Findings of Fact must be electronic in Corel WordPerfect X3+ or Microsoft Word; counsel encouraged to reference supporting testimony/exhibits.

Proposed Findings of Fact (electronically in Corel WordPerfect X3 or higher, or Microsoft Word). The Court strongly encourages counsel to reference testimony and exhibits that support each proposed finding of fact;

Format

WORD_PERFECT

Proposed Conclusions of Law must be electronic in Corel WordPerfect X3+ or Microsoft Word.

Proposed Conclusions of Law (electronically in Corel WordPerfect X3 or higher, or Microsoft Word).

JERS is the only accepted method for electronic evidence submission; files must be submitted on single storage device to Judicial Assistant by noon day before trial.

The Court will use the Jury Evidence Recording System (JERS) to capture evidence electronically during the trial. This is the only method by which evidence may be submitted, and the parties must submit all files on a single storage device to the Judicial Assistant by noon on the day before trial. For further instructions on the proper use of JERS, including the acceptable storage devices, file formats, and naming conventions, refer to the Court’s JERS information page on the Court’s website.

Joint Pretrial Orders must use the forms provided on the Court’s website.

Use the forms provided on the Court’s website: https://www.txs.uscourts.gov/page/district-magistrate- judges-procedures-schedules.

Trial deposition excerpts with objections must have the objections and corresponding questions/answers highlighted.

Trial Deposition excerpts when objections have been lodged. Highlight the objections and the questions/answers to which those objections are directed.

Hard copy courtesy copies must be tabbed at the right margin, stored in binders no larger than 4 inches, and marked with the CM/ECF docket number unless urgent.

When providing hard copies, organize exhibits and attachments by tab at the right margin. Use the smallest binders that comfortably hold the material. Do not use binders larger than four inches. Divide into multiple binders when necessary. Provide courtesy copies marked with the file-stamped CM/ECF system docket number unless submitted on an urgent basis.

All draft proposed orders must be prepared using Form 5.

Use Form 5 to prepare draft proposed orders.

Margins

1 in

Motion papers must use letter-size paper, 1-inch margins (0.5 inches for footnotes/headers/footers), double spacing (with exceptions), and specified fonts/sizes.

b. Style: Use American letter-size paper, and a minimum of 1-inch margins with ½-inch margins for footnotes, page numbers and any headers or footers. Double space except for lengthy quotations, headings, and footnotes. Acceptable fonts are Times New Roman size 13 or larger, Book Antiqua size 12 or larger, and Century Schoolbook size 12 or larger.

Supporting evidence must be filed as separate exhibits with cover sheets; numerous exhibits require a table of contents; exhibits must be uploaded as separate CM/ECF attachments.

g. Supporting Evidence: Supply affidavits, deposition testimony excerpts, and supporting documents as separate exhibits to the filing. Provide a cover sheet to identify and separate each exhibit. Prepare and submit a table of contents when attachments are numerous. Upload exhibits as separate attachments during filing on the CM/ECF system.

Civil Joint Pretrial Orders must be prepared using Form 6, adaptable within reason for case complexity.

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

Deposition designations must be prepared using Form 9.

Use Form 9 to prepare deposition designations.

Trial exhibit lists must use Form 7; exhibits must be marked with party name, case number, exhibit number, and only list exhibits intended for trial use.

Use Form 7 to prepare a trial exhibit list. Also refer to Section 12. Each offering party must mark its own exhibits with the party’s name, case number, and exhibit number. List only those exhibits intended in good faith for use during trial.

Trial witness lists must be prepared using Form 8.

Use Form 8 to prepare the trial witness list.

Deposition designations must include a cover sheet with required contents, use contrasting colors for designations/objections, and use condensed transcripts when available.

Include a cover sheet with concise summary of topics for each witness, the first deposition page, and at least two pages prior to and after any designation. Highlight in contrasting colors to indicate all designated testimony, counter-designations, and objections. Use a condensed transcript (four pages to one) when available.

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

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

Juror questionnaires must not be copied and must be returned after jury selection concludes.

Do not make copies. Return all questionnaires on conclusion of jury selection.

Disputed language in joint proposed jury charge must be marked with bold, italic, or different color font, noting the requesting party.

Identify by bold, italicized, or differently colored font any disputed language and which party requests each competing version.

Format

DOCX

Civil cases require plaintiff's counsel to submit Word version of jury charge by email to Court's Case Manager.

In civil cases, counsel for Plaintiff must also submit a Word version by email to the Court’s Case Manager.

Agreed post-trial findings and conclusions must use black font; disagreed items must use different color font per party.

Use black font for all agreed findings and conclusions. Make it clear in the proposed findings that this means that the parties are agreed as to those. Where the parties disagree, use different color font. For example, if the parties do not agree on finding of fact number 7, plaintiff should submit their proposed number 7 in red and the defendant should submit their proposed number 7 in blue.

Format

DOCX

Civil cases require plaintiff's counsel to submit a Word version of documents via email to the Case Manager.

In civil cases, counsel for Plaintiff must also submit a Word version by email to the Case Manager.

Format

DOCX

Criminal cases require prosecution and defense counsel to each submit a Word version of documents via email.

In criminal cases, counsel for Prosecution and Defense must each submit a Word version by email.

All exhibits must be provided to the Court and opposing counsel in tabbed, indexed binders.

Copies of all exhibits must be provided to the Court and to opposing counsel in tabbed, indexed binders.

Exhibits, witness lists, and expert reports must be provided to the Court and opposing counsel in tabbed, indexed binders for jury trials.

A copy of all exhibits, witness lists, and expert or agent reports must be provided to the Court and to opposing counsel in tabbed, indexed binders.

Proposed voir dire questions must be filed electronically at least 10 days before trial.

At least 10 days before trial, proposed voir dire questions must be filed electronically.

Proposed jury instructions must be filed electronically at least 10 days before trial.

At least 10 days before trial, proposed jury instructions must be filed electronically.

Exhibits must be provided to opposing counsel in tabbed, indexed binders.

Exhibits must be provided to opposing counsel in tabbed, indexed binders.

Format

PAPER

Notices of Settlement must be submitted in writing.

Notices of Settlement must be received in writing

Counsel must provide hard copies of exhibits in a tabbed and indexed binder by the Final Pretrial Conference.

E. Providing Exhibits to the Court. Counsel for each party must provide the Court with a hard copy of its exhibits in a tabbed and indexed binder by the Final Pretrial Conference.

Discovery disclosures, requests, responses, and objections must be signed by the attorney of record (or party if pro se) and include the signer's address, email, and phone number.

Every disclosure under FRCP 26(a)(1) or (a)(3) and every discovery request, response, or objection must be signed by at least one attorney of record in the attorney's own name — or by the party personally, if unrepresented — and must state the signer's address, email address, and telephone number. See FRCP 26(g).

Restraining order and immediate relief applications must be filed with the District Clerk’s Office at the specified address.

A. Applications for restraining orders and other applications for immediate relief must be filed with the District Clerk’s Office: U.S. District Clerk’s Office 600 E. Harrison Street, Suite 101 Brownsville, Texas 78520 (956) 548-2500

All pleadings must be electronically filed through ECF, following Administrative Procedures for Electronic Filing; FAQ answers from District Clerk’s Office.

A. All pleadings are to be electronically filed through the Electronic Case Filing System (“ECF”). Electronic filings must follow the “Administrative Procedures for Electronic Filing in Civil and Criminal Cases.” Answers to frequently asked questions about electronic filing may be obtained from the District Clerk’s Office.

Filings with 50 or more pages (including attachments) require electronic filing plus hard copy to District Clerk’s Office within seven days of electronic filing.

B. 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

Joint proposed scheduling order must use the Court’s template.

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.

Exhibits must be marked with party name, case number, and exhibit number; exchanged and e-filed by JPO deadline.

All exhibits and witness lists must be marked and exchanged between counsel on the same date as the JPO deadline. The offering party will mark each of his/her own exhibits with the party’s name, case number, and exhibit number. All exhibits and witness lists must be filed electronically by the JPO deadline.

Parties must submit hard copy exhibits in tabbed, indexed binders to the Court by the Final Pretrial Conference.

Counsel for each party must provide the Court with a hard copy of its exhibits in a tabbed and indexed binder by the Final Pretrial Conference.

Format

PAPER

Stipulations of Dismissal must be received in writing.

Stipulations of Dismissal, under FRCP 41(a)(1)(A)(ii), must be received in writing and must be signed by all parties who have appeared.

Format

PAPER

Notices of Settlement must be received in writing.

Notices of Settlement must be received in writing and must include a separate Agreed Judgment or Stipulation of Dismissal within 30 days of the Notice of Settlement.

All exhibits must be marked with the date and case number.

Parties must mark each exhibit with the date and case number.

Exhibits supporting motions/briefs must be tabbed at the right margin; more than 5 exhibits require a TOC with tab numbers.

All exhibits submitted in support of a motion, memorandum of law, or brief must be tabbed at the right margin. A party who submits more than five exhibits shall include a table of contents describing each exhibit and listing the tab where it is located. All citations to an exhibit must refer to the letter or number of its tab.

Deposition/affidavit citations must include page/paragraph numbers; documents over 3 pages require pinpoint citations.

Citations to deposition or affidavit testimony must include the appropriate page or paragraph numbers. Citations to other documents or materials with three or more pages must include some sort of pinpoint citation. For example, a contract may be cited by section number, an employee handbook may be cited by page number, and a document without internal divisions may be Bates-stamped or otherwise marked and cited accordingly.

Joint pretrial orders must use the court-distributed form, adapted reasonably to the case.

Follow the form distributed by the court, adapting it within reason to the size and type of case.

Format

WORD_PERFECT

Proposed jury charge must be submitted on a thumb-drive compatible with Corel WordPerfect X9.

thumb-drive compatible with Corel WordPerfect X9.

Proposed joint jury charge must have numbered items on separate sheets with authority; disputed items underlined, labeled, with both parties' authority.

Each requested instruction, definition, and question must be numbered and presented on a separate sheet of paper with authority. If the parties, in good faith, cannot agree on all instructions, definitions, and questions, they will submit a single, unified charge. Each disputed instruction, definition, and question is to be underlined and identified as disputed. Each disputed item should be labeled to show which party is requesting the disputed language. Accompanying the charge will be the authority on which the offering party relies and on which the opposing party relies.

Offering parties must mark each exhibit with their name, case number, and exhibit number.

The offering party will mark his own exhibits with the party’s name, case number, and exhibit number on each exhibit to be offered.

Parties must provide the court with a copy of their exhibits in a properly tabbed and indexed notebook.

Counsel for each party is required to provide the court with a copy of that party’s exhibits in a properly tabbed and indexed notebook.

Printed copy of power-point presentation used in oral argument must be provided to court and opposing counsel at the hearing.

If a power-point presentation is used during oral argument, provide a printed copy of the presentation to the court and opposing counsel at the hearing.

Video or audio exhibits must be provided on a thumb drive or disc labeled with the exhibit number.

Provide video or audio exhibits on a thumb drive or disc labeled with the exhibit number.

Format

PDF

Exhibits over 50 pages provided as PDF must include bookmarks for each exhibit and cited portions, and highlight small referenced portions.

The .pdf document must contain bookmarks identifying each exhibit and bookmarks set to the portions of the document cited or referenced in the motion or brief. Further, when a motion or brief refers only to a small portion of a voluminous exhibit, the party should highlight the referenced portion of the exhibit.

Joint Pretrial Orders must follow the form specified in Local Rule 16.2, Appendix B.

The Joint Pretrial Order shall follow the form set forth in Local Rule 16.2, Appendix B.

Format

DOCX

Findings of fact and conclusions of law must be submitted as electronic Word documents.

Parties must submit Findings of Fact and Conclusions of Law to the court in an electronic Word document.

Format

DOCX

Joint proposed jury charge must be submitted as Word document to Case Manager.

The parties shall submit the proposed charge to the Case Manager in an electronic Word document.

Counsel must provide tabbed, indexed exhibit notebooks to court and witness.

Counsel for each party shall provide a tabbed and indexed notebook of exhibits for the court and the witness.

Deposition excerpts must use color-coded highlighting for party designations.

Counsel must provide the court with a single copy of any deposition from which excerpts will be used at trial and should use color-coded highlighting to represent each parties’ requested deposition excerpts.

Margins

1 in

Motion papers must use letter-size paper, minimum 12-point font, 1-inch margins (½ inch for footnotes/headers/footers), double-spaced except as noted.

Style. Use American letter-size paper, a minimum 12-point font, and a minimum of 1inch margins with ½ inch margins for footnotes, page numbers and any headers or footers. Double space except for lengthy quotations, headings, and footnotes.

All legal authority and evidence must have pinpoint citations; specific citation formats required for different evidence types; use Bates numbers where available.

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

Appendix of Westlaw or Lexis-Nexis authorities must include a cover sheet identifying and separating each authority.

through Westlaw or Lexis-Nexis as an appendix to any filing. Provide a cover sheet to identify and separate each authority.

Joint Pretrial Orders must be prepared using Form 6, adaptable within reason for case complexity.

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

Joint trial notebooks must include each party’s materials paired in order, with Joint Pretrial Order first in civil cases.

Confer and prepare a joint trial notebook to provide the Court. Include each party’s materials paired together in the order listed above. In civil cases, include the Joint Pretrial Order as the first item.

Trial exhibit lists must be prepared using Form 7.

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

Each party must mark their exhibits with their name, the case number, and the exhibit number.

Each offering party must mark its own exhibits with the party’s name, case number, and exhibit number.

Trial exhibit lists must only include exhibits intended in good faith for use before the jury during trial.

List only those exhibits intended in good faith for use before the jury during trial.

Deposition designations must include a cover sheet, required pages, highlighted designations, and condensed transcripts when available.

The designator must prepare and have ready at the Court’s request each designated deposition. Include a cover sheet with concise summary of topics for each witness, the first deposition page, and at least two pages prior to and after any designation. Highlight in contrasting colors to indicate all designated testimony, counter-designations, and objections. Use a condensed transcript (four pages to one) when available.

Disputed language in civil jury instructions must be marked with bold or italic font, and the requesting party must be identified.

Identify by bold or italicized font any disputed language and which party requests each competing version;

Footnotes may not be used to argue or explain disagreements in civil jury instructions.

Do not use footnotes to argue or explain disagreements.

Format

DOCX

Civil jury instruction filings must be submitted in Word (DOCX) format.

In civil cases, counsel for Plaintiff must also jointly submit a Word version by email or USB drive.

Format

DOCX

Criminal jury instruction filings must be submitted in Word (DOCX) format by each party.

In criminal cases, counsel for Prosecution and Defense must each also submit a Word version by email or USB drive.

Format

DOCX

Civil bench trial filings (proposed findings, conclusions, memorandum) must be submitted in Word (DOCX) format.

In civil cases, counsel for Plaintiff must also submit a Word version by email or USB drive.

Interested party certificates must underline the names of corporations with publicly traded securities.

Underline the name of each corporation whose securities are publicly traded.

Margins

1 in

All motions must be double-spaced, 13-point font, 1-inch margins unless leave of court is granted.

Without leave of court, all motions are limited to 25 double-spaced pages with 13-point font and 1” margins.

Format

DOCX

Parties must submit Findings of Fact and Conclusions of Law as electronic Word documents.

Parties must submit Findings of Fact and Conclusions of Law to the court in an electronic Word document.

Format

DOCX

Proposed jury charge must be submitted to the Case Manager as an electronic Word document.

The parties shall submit the proposed charge to the Case Manager in an electronic Word document.

Deposition excerpts should use color-coded highlighting for each party's designations.

Counsel must provide the court with a single copy of any deposition from which excerpts will be used at trial and should use color-coded highlighting to represent each parties’ requested deposition excerpts.

Applies to

Proposed jury charge

Joint proposed jury charge must be separately numbered and presented on a separate page.

A single, joint proposed jury charge, including all instructions, definitions, and questions, separately numbered and presented on a separate page, with authority.

Applies to

Proposed jury charge

Disputed language in joint proposed jury charge must be bold/italic/underlined and labeled with requesting party.

If there are instructions, definitions, or questions as to which the parties cannot agree, the disputed language is to be set out in bold type, italics, or underlined to identify it as disputed and labeled to indicate which party is requesting the disputed language.

Applies to

Proposed jury charge

Proposed jury charge must be submitted on CD compatible with Corel WordPerfect 11 or Microsoft Word 2003 or later.

The proposed charge must also be submitted on a CD compatible with Corel WordPerfect 11 word processing or Microsoft Word 2003 or later.

Margins

1 in

All briefs must use 13-point proportionally spaced text, 12-point footnotes, double spacing, 1-inch margins, full justification; citations to authorities/exhibits must be in document body, not footnotes.

All briefs must be in 13-point proportionately spaced font for text, with 12-point font for footnotes, double-spaced with one-inch margins, and full-justified. Minimize your use of footnotes. Do not put citations to authorities or exhibits in footnotes. Those must be in the body of the document.

All requested jury instructions must be numbered, substantiated with authority in footnotes, and note pattern jury charge modifications.

Every requested instruction, definition, and question must be numbered and substantiated (in footnotes) with authority. Identify any modifications to language from pattern jury charges.

Disputed jury instructions must be formatted in bold, underline, or italics (no contrasting color) and include footnotes identifying requesting party and opposition basis.

Every disputed instruction, definition, or question must be set out in bold type, underlined text, or italics (not in a contrasting font color). For all disputed items, include footnotes that identify (a) which party is requesting them; and (b) the opposing party’s basis for disputing their inclusion.

Format

DOCX

Proposed jury charge and verdict form must be in Microsoft Word (DOCX) format.

Email the Case Manager electronic copies of the proposed jury charge and verdict form, in Microsoft Word. See supra § 1(e).

Trial materials must be printed double-sided, in binders of 4 inches or less, with index and corresponding tabs.

printed double-sided, placed in binders of 4-inches or less, and complete with an index and corresponding tabs

Trial exhibits must be pre-marked with the party's name, case number, and exhibit number.

All exhibits must be pre-marked with the party’s name, case number, and exhibit number.

Proposed jury instructions must be numbered, on separate pages, with citations to authority.

proposed jury instructions, definitions—with each instruction and definition numbered, presented on a separate page, and supported by citations to authority

All pleadings must be electronically filed per Local Rule 5.1.

The Southern District of Texas requires electronic filing of all pleadings. LR 5.1.

Format

PAPER

Leave of Court required for conventional filing of documents over 30 pages, with electronic filing preferred.

Leave of Court is required for the conventional filing of documents greater than 30 pages in length. Such documents should be filed electronically when possible.

Required

Always

Leave of Court required for conventional double-sided filing, with electronic filing preferred.

Leave of Court is required for the conventional filing of documents printed on both sides. Such documents should be filed electronically when possible.

Required

Always

Leave required for over-sized/irregular documents not readily imaged, with electronic filing preferred.

Leave of Court is required for the filing of over-sized or irregularly shaped documents which are not capable of being readily imaged by court personnel and equipment. Such documents should be filed electronically when possible.

Joint Pretrial Order must follow the court-provided form, adapted reasonably for the case size and type.

Follow the form distributed by the Court, adapting it within reason to the size and type of case.

All requested jury instructions, definitions, and interrogatories must be numbered, placed on separate sheets, and include supporting authority citations.

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

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

All exhibits must be marked and exchanged among counsel prior to trial. The offering party will mark his own exhibits with the party’s name, case number, and exhibit number on each exhibit to be offered.

Joint Discovery/Case-Management Plan must use Attachment 1 form.

The forms to be used for the Plan and Order are Attachments 1 and 2 to this document.

Jury instructions must be numbered and presented on a separate page.

must be numbered and presented on a separate page.

Disputed jury instructions must be formatted in bold, italics, or underlined and marked as disputed.

Each disputed instruction, definition, or question is to be set out in bold type, or italics, or underlined, and identified as disputed.

Proposed jury charge must be submitted on a CD compatible with Microsoft Word.

The charge must also be submitted on a CD compatible with Word.

All trial exhibits must be marked and exchanged between counsel before trial.

All exhibits must be marked and exchanged among counsel before trial.

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

The offering party will mark his own exhibits with the party’s name, case number, and exhibit number on each exhibit to be offered.

Trial exhibits must be organized in a notebook.

exhibits in a notebook.

Offering parties must mark exhibits with party name, case number, and exhibit number before trial.

The offering party will mark his own exhibits before trial to include the party’s name, case number, and exhibit number on each exhibit.

Disputed language in proposed jury charges must be bold, italicized, or underlined, and labeled with the requesting party.

If there are instructions, definitions, or questions as to which the parties cannot agree, the disputed language is to be set out in bold type, italics, or underlined to identify it as disputed and labeled to indicate which party is requesting the disputed language.

Format

WORD_PERFECT

Proposed jury charges must be submitted on a CD compatible with Corel WordPerfect 11.

The proposed charge must also be submitted on a CD compatible with Corel WordPerfect 11 word processing.

Courtesy copies of filings exceeding 100 pages must be double-sided, bound in tabbed binders no larger than 4 inches, and marked with the ECF docket number unless urgent.

When providing copies of filings over one hundred pages, print double-sided and submit in a binder. Organize exhibits and attachments by tab at the right margin. Use the smallest binders that comfortably hold the material, but not larger than four inches. Divide into multiple binders when necessary. Provide courtesy copies marked with the file-stamped CM/ECF system docket number unless submitted on an urgent basis.

Footnotes strongly disfavored; must use same font as main text, and evidence/argument in footnotes is disregarded.

Footnotes are strongly disfavored. Their use is discouraged by the setting of word limits rather than page limits. Use the same font as text for any footnote believed necessary. Evidence or argument raised only by footnote will be disregarded.

Pinpoint citations required for all legal authority; specific citation formats required for depositions, affidavits, pleadings, contracts; Bates numbers preferred.

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

Footnotes may not be used to argue or explain disagreements in civil jury instructions.

Don’t use footnotes to argue or explain disagreements.

The Court disfavors footnotes and disregards evidence or argument raised solely in footnotes.

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

Pinpoint citations are required for all legal authority and evidence, with specific formatting per document type, and Bates numbers where available.

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

Applies to

Trial exhibit list

Trial exhibit lists cannot be amended or supplemented after filing unless parties agree.

Exhibit lists may not be amended or supplemented after this date unless by agreement.

Applies to

Trial exhibit list

Only exhibits intended in good faith for trial may be listed on trial exhibit lists.

List only those exhibits intended in good faith for use during trial.

Applies to

Trial exhibit

Exhibits must be exchanged via agreed method, or USB/electronic transfer if no agreement is reached.

Seek agreement on the form of exchange. Absent agreement, exchange well-organized USB drives or provide for similar electronic transfer or

Counsel must use a numbering system for documents during discovery and pretrial process.

Counsel should use a numbering system during the discovery process to allow for the orderly discussion of documents during the discovery and pretrial process.

Do not append copies of cited authorities to briefs/motions unless they are unpublished or unavailable via Westlaw or Lexis-Nexis.

Do not append copies of cases and the relevant parts of authorities that are cited in a brief, memorandum, or motion unless the authorities are not published or reasonably available through Westlaw or Lexis-Nexis.

Pinpoint citations required for all legal authority; specific citation formats required for evidence; Bates numbers required where available.

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

Legal authorities not on Westlaw or Lexis must be appended as an appendix with a cover sheet.

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

Joint Pretrial Order must use the Court-provided form.

Counsel must adapt the “Joint Pretrial Order form” provided by the Court.

Courtesy copies of filings over 50 pages must be double-sided, submitted in a three-ring binder no larger than four inches, with exhibits tabbed at the right margin.

When providing copies of filings over fifty pages, print double-sided and submit in a binder. Organize exhibits and attachments by tab at the right margin. Use the smallest binders that comfortably hold the material. Do not use binders larger than four inches. Divide into multiple binders when necessary.

Courtesy copies must be marked with the file-stamped CM/ECF docket number unless submitted urgently.

Provide courtesy copies marked with the file-stamped CM/ECF system docket number unless submitted on an urgent basis.

Footnotes are disfavored; the court disregards any evidence or argument raised only in footnotes.

The Court disfavors footnotes and discourages their use by setting word limits rather than page limits. The Court disregards evidence or argument raised only by footnote.

Appendices must include a paginated table of contents and be tabbed for easy navigation.

All appendices should contain a paginated table of contents and should be tabbed such that the Court can locate the materials more readily.

Applies to

Proposed confirmation order

Most recent draft of proposed confirmation order with redline changes should be filed before hearing.

Prior to a hearing, Judge Rodriguez would like the most recent draft to be filed on the docket, with a “redline” demonstrating whatever changes have been made since the original proposed order was filed.

Joint Pretrial Order form should be followed, with reasonable adaptations allowed for case size and nature.

The form for the Joint Pretrial Order should be followed, but may be adapted within reason to accommodate the size and nature of the case.

Pretrial orders required by judges may use the form provided in Appendix B.

LR16.2. Pretrial Order. The form of the pretrial order in Appendix B is acceptable to the judges who require one.

Exhibits should be numbered, not lettered.

Attorneys should use numbers, not letters, for exhibits.

Joint Pretrial Orders should use the Court's attached form, with reasonable adaptations allowed.

A form Joint Pretrial Order is attached. It should be followed, but may be adapted, within reason, to accommodate the size and nature of the case.

Recorded depositions should be edited to remove dead air.

Recorded depositions should be edited to remove “dead air”.