Southern District of Texas Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Wage order

The chapter 13 trustee and the debtors must each submit a copy of the wage order to the employer.

The chapter 13 trustee and the debtors shall each submit a copy of this order to the employer.

CRITICALCivil cases

Applies to

Notice

Service

Mail

If the plan is filed after the petition date, the Debtor must mail a new notice with the Plan and Plan Summary on the day the plan is filed.

If the plan is not filed on the petition date, the Debtor will be responsible for mailing a new notice along with the Plan and the Plan Summary on the same day that the Debtor’s proposed plan is filed.

CRITICALCivil cases

An objection to the adequate protection order must be served on the debtor, debtor’s counsel, the chapter 13 trustee, and any vehicle lienholder.

The objection must be served on the Debtor, the Debtor’s counsel, the chapter 13 trustee, and any party holding security interest in the vehicle.

CRITICALCivil cases

Applies to

Motion for abandonment

The Rule 4001 motion for abandonment must be served on the affected creditor.

The plan will provide that abandonment may occur by a motion pursuant to Fed. R. Bankr. P. 4001 filed with the Court and served on the affected creditor thatCfollowing abandonmentCno further payments will be made to the secured creditor.

CRITICALCivil cases

Applies to

Proof of claim

Priority and secured proofs of claim must be served on the Debtor, the Debtor’s counsel, and the chapter 13 trustee, in addition to being filed on the proof of claim registry.

In addition to filing proofs of claim on the proof of claim registry, proofs of claim for priority claims and secured claims must be served on the Debtor, the Debtor’s counsel and the chapter 13 trustee.

CRITICALCivil cases

Deadline

20 calendar days

Responses and hearing requests for motions to dismiss must be filed within 20 days after service.

Responses and requests for hearings on motions to dismiss must be filed not later than 20 days after service.

CRITICALCivil cases

Applies to

Lodestar fee application

A copy of the lodestar fee application and its required attachments must be sent to the Court’s case manager.

A copy of the lodestar fee application, with required attachments, must be sent to the Court's case manager.

CRITICALCivil cases

Deadline

5 calendar days

Applies to

Confirmation objection

An objection to confirmation must be filed at least five days before the hearing and served on the debtor, debtor’s counsel, the Chapter 13 trustee, and parties requesting notice.

If you object to confirmation of the plan, you must file your objection at least five days before the confirmation hearing and serve a copy of the objection on the debtor, the debtor(s)’ counsel, the chapter 13 trustee, and parties requesting notice.

CRITICALCivil cases

If a filing fee or installment is late, the Clerk must issue a pending-dismissal notice and serve it on the debtors, their counsel, and the Chapter 13 Trustee.

b. If the filing fee or any installment is not timely paid, the Clerk shall issue a notice of pending dismissal of the case for failure to pay filing fees. The notice of pending dismissal shall be served on the debtor(s), debtor(s)'counsel and the chapter 13 Trustee.

CRITICALCivil cases

Applies to

Motion for extension of time

A motion to extend time to file the listed papers need be served only on the Chapter 13 Trustee and the U.S. Trustee.

b. A motion for extension of time to file the list of creditors, plan, schedules or statements need be served only on the chapter 13 Trustee and on the U.S. Trustee.

CRITICALCivil cases

The IRS must send the tax transcript to the trustee, debtors, and debtor’s counsel no later than 7 days before the initial § 341 meeting date.

The Internal Revenue Service must send a tax transcript to the chapter 13 trustee, the debtors and the debtor’s counsel, with delivery to occur not later than 7 days prior to the initial date set for the § 341 meeting of creditors.

CRITICALCivil cases

Service

Court service

The Clerk must promptly serve the Order on parties in interest, including the debtors, their counsel, and the IRS.

A copy of this Order shall promptly be served by the Clerk on parties in interest, including the debtor(s) and debtor(s)’ counsel and the United States Internal Revenue Service.

CRITICALCivil cases

Applies to

Motion for default judgment

Service

Mail to all parties

Default judgment movant must notify all parties by regular and certified mail with return receipt requested per Local Rule 5.5.

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

CRITICALCivil cases

Applies to

Court procedures and practices

Plaintiff must serve Court Procedures and Practices with initial complaint documents; proof of service must be filed with the Clerk.

The plaintiff must serve these Court Procedures and Practices on all defendants, along with the Order for Conference and Disclosure of Interested Parties, the summons, and the complaint. A party removing a case to this Court has the same obligations as a plaintiff filing an original complaint. Proof reflecting service of these materials must be filed with the Clerk.

CRITICALCivil cases

Applies to

Order

The party adding a new party must provide that party with this Order and all previously entered Orders.

The party causing the addition of a new party conference must provide copies of this Order and all previously entered Orders to the new party.

CRITICALCivil cases

Applies to

Order

Service

Mail to all parties

In removed actions, service of Court’s Order, Docket Control Order, and Court Procedures must be by certified mail on counsel of record and unrepresented parties.

On _______________________________, I served by certified mail counsel of record and unrepresented parties copies of the Court’s Order, Docket Control Order, and Court Procedures.

CRITICALCivil cases

Exhibit documents or copies must be made available to opposing counsel prior to trial.

Such documents or copies thereof shall be made available to opposing counsel prior to trial.

CRITICALCivil cases

Applies to

Order

Defendants removing cases from state court must serve the Order for Conference and Disclosure of Interested Parties on all other counsel.

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

CRITICALCivil cases

Applies to

Order

Plaintiffs must serve the Order for Conference and Disclosure of Interested Parties on defendants along with the summons and complaint.

Plaintiffs must serve a copy of the Order for Conference and Disclosure of Interested Parties on Defendants with the summons and complaint.

CRITICAL

Revised deposition designations must be provided to opposing counsel two days before intended use.

Provide revised designations to opposing counsel two days in advance of intended use.

CRITICAL

Plaintiff must serve the Court's standing procedures with the summons and complaint and file proof of service.

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

CRITICAL

Applies to

Trial exhibit

Trial exhibits must be exchanged; civil parties must exchange by the Joint Pretrial Order filing date, criminal schedule set by Court.

Seek agreement on the form of exchange. Absent agreement, exchange well-organized USB drives or provide for similar electronic transfer or download. In civil cases, exchange all exhibits no later than the date the Joint Pretrial Order is filed. In criminal cases, the Court sets the schedule for disclosure of exhibits.

CRITICAL

Applies to

Complaint

The Court may dismiss for want of prosecution any Defendant upon whom Plaintiff has not perfected service within ninety days after filing the complaint pursuant to Rule 4(m).

The Court may dismiss for want of prosecution any Defendant upon whom Plaintiff has not perfected service within ninety days after filing the complaint pursuant to Rule 4(m).

CRITICAL

Service

Electronic service to all parties

Filing via CM/ECF is sufficient service for represented parties; pro se parties must use formal service methods.

Service. For parties represented by counsel with CM/ECF credentials, filing through the CM/ECF system constitutes sufficient service on other parties. For other parties, provide formal service in compliance with applicable rules.

CRITICAL

In civil cases, by 8:00 p.m. two days in advance of the first day of trial, Plaintiff must notify all other parties as to the order of witnesses expected during the first two days of trial. Once trial commences, the parties must update one another at the end of each trial day on the order of witnesses expected during the next two trial days.

In civil cases, by 8:00 p.m. two days in advance of the first day of trial, Plaintiff must notify all other parties as to the order of witnesses expected during the first two days of trial. Once trial commences, the parties must update one another at the end of each trial day on the order of witnesses expected during the next two trial days.

CRITICAL

TRO/immediate relief applicants must attempt immediate informal service on opposing parties via mail/email.

In addition to service required by rule, the initiating party must in good faith attempt immediate informal service on the opposing party by any available means, including forwarding the application to the last-known mail and email addresses.

CRITICALCivil cases

Applies to

Order setting initial pretrial conference

The plaintiff filing suit or party removing the suit must serve the opposing parties with the order setting the initial pretrial conference.

The Plaintiff(s) filing this suit, or the party removing this suit from state court, SHALL SERVE THE OPPOSING PARTY OR PARTIES with copies of this ORDER SETTING INITIAL PRETRIAL CONFERENCE.

CRITICALCivil cases

Deadline

90 calendar days

The plaintiff must serve the defendant within 90 days after filing the complaint.

The plaintiff must serve the defendant within 90 days of filing the complaint.

CRITICAL

Applies to

Rules of practice

Plaintiffs must serve a copy of the Galveston Division Rules of Practice on each defendant together with the summons and complaint.

Plaintiffs must serve a copy of these rules on each defendant with the summons and complaint.

CRITICAL

Applies to

Proof of service

Proof of service of the Galveston Division Rules of Practice must be filed with the U.S. District Clerk.

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

CRITICAL

Applies to

Docket control order

A party that causes new parties to be joined after entry of the docket-control order must provide them with copies of the operative docket-control order and these rules.

If new parties are joined after entry of the docket-control order, the party causing such joinder shall provide to the new parties copies of both the operative docket-control order and these rules.

CRITICAL

The amended pleading must be served on all parties under Fed. R. Civ. P. 5 within 14 days of the order granting leave to amend.

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.

CRITICAL

Applies to

Rules of practice

A removing party must serve a copy of these rules on all other parties along with the removal papers.

A party removing a case to this court must serve a copy of these rules on all other parties with the removal papers.

CRITICALCivil cases

The attorney adding new parties must provide them copies of this order and all previously entered orders.

The attorney causing the addition of new parties will provide copies of this order and all orders previously entered in the case to new parties.

CRITICALCivil cases

Exhibits must be marked and exchanged among counsel before trial.

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

CRITICALCriminal cases

Applies to

Motion to reopen

Copies of any motion to reopen must be served on Probation, the Court's case manager, and all other parties to the case.

5. Copies of any such motion to reopen must be served on Probation, the Court's case manager, and any other parties to the case.

CRITICALCriminal cases

If a detention hearing will be reopened, the government must notify any alleged victim and provide an opportunity to be heard.

2. If a hearing is to be reopened, the government must provide notice to any alleged victim and an opportunity to be heard.

CRITICAL

Applies to

Order to disclose interested persons

Counsel filing or removing an action must serve a copy of the Order to Disclose Interested Persons with the summons and complaint or notice of removal.

4. Counsel who file or remove an action must serve a copy of this Order with the summons and complaint or with the notice of removal.

CRITICAL

Applies to

Scheduling order

Attorneys who add new parties must provide copies of this scheduling order to the new parties.

The Attorney causing the addition of new parties will provide copies of this Order to new parties.

CRITICAL

Applies to

Complaint

Plaintiff must serve Court Procedures and Order for Conference And Disclosure Of Interested Parties with summons and complaint; removing parties have same obligation. Proof of service must be filed with Clerk.

THE ATTACHED MUST BE SERVED WITH THE SUMMONS AND COMPLAINT OR REMOVAL PAPERS. Plaintiff must serve these materials, and the Order for Conference And Disclosure Of Interested Parties on all defendants with the summons and complaint. A party removing a case to this Court has the same obligation as a plaintiff filing an original complaint. Proof reflecting service of these materials must be filed with the Clerk.

CRITICALCivil cases

Applies to

Notice of removal

Parties removing a case to this court must fulfill the same service obligations as plaintiffs filing original complaints.

A party removing a case to this Court has the same obligation as a plaintiff filing an Original Complaint.

CRITICALCivil cases

Applies to

Summons and complaint

Plaintiffs must serve the cover page and Order for Conference with the summons and complaint on all defendants.

The plaintiff must serve this cover page and the Order for Conference along with the summons and complaint on all defendants.

CRITICALCivil cases

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

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

CRITICALCivil cases

Applies to

Order for conference

Counsel must serve the Order for Conference with the summons/complaint or notice of removal.

Counsel who file or remove an action must serve a copy of the Order for Conference with the summons and complaint or with the notice of removal.

CRITICALCivil cases

All documentary exhibits must be exchanged before trial, with rebuttal exhibits exempt.

All documentary exhibits must be exchanged before trial, except for rebuttal exhibits.

CRITICALCivil cases

Applies to

Cover page

The attached cover page must be served with the summons and complaint or notice of removal.

THE ATTACHED COVER PAGE MUST BE SERVED WITH THE SUMMONS AND COMPLAINT OR NOTICE OF REMOVAL

CRITICALCriminal cases

Objections or statements of non-opposition to the PSI Report must be served on opposing counsel 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.

CRITICALCriminal cases

The Government's attorney must timely notify the U.S. Probation Office of any safety valve recommendations before the disclosure deadline.

The attorney for the Government shall timely notify the U.S. Probation Office of any recommendations prior to the disclosure deadline.

CRITICALCriminal cases

Service copies must be transmitted to all counsel of record simultaneously with (or prior to) and in the same manner as the document is transmitted to the Court.

Service copies must be transmitted to all counsel of record simultaneously with (or prior to) and in the same manner as the document is transmitted to the Court.

CRITICALCivil cases

All exhibits must be exchanged no later than the date the Joint Pretrial Order is filed.

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

CRITICALCivil cases

Parties must provide pretrial disclosures including witness identities, deposition testimony, documents/exhibits, and expert information to opposing parties.

Each party must provide the following information to any opposing parties: (1) The identity of witnesses, specifically identifying each witness the party intends to present at trial, rather than those that may be called on prospective rebuttal or if the need arises. (2) The identity of witnesses whose testimony will be presented by deposition, including a transcript of the pertinent portions of testimony to be presented. (3) Documents and exhibits, with identifying headings, that the party intends to present at trial, and those it may present if the need arises. (4) The name(s) of Plaintiff’s experts, and reports, 180 days before the discovery deadline.

CRITICALCivil cases

Defendant must be served within 90 days of complaint filing; failure leads to dismissal unless good cause shown.

In accordance with FRCP 4(m), if a defendant is not served within 90 days after the complaint is filed, the Court—on motion or on its own after notice to the plaintiff—will dismiss the action without prejudice against that defendant or order that service be made within a specified time. If the plaintiff shows good cause for the failure, the Court will extend the time for service for an appropriate period.

CRITICALCivil cases

Applies to

Complaint

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

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

CRITICALCivil cases

Applies to

Summons and complaint

Plaintiff must serve opposing party with order for conference, joint case management plan form, and proposed scheduling order/AI certificate along with summons and complaint.

Plaintiff(s), or the party removing a suit from state court, MUST SERVE THE OPPOSING PARTY OR PARTIES with copies of: A. This ORDER FOR CONFERENCE, B. The form for the JOINT DISCOVERY/CASE MANAGEMENT PLAN AS REQUIRED BY RULE 26(f). C. The form for the PROPOSED JOINT SCHEDULING ORDER and CERFICIATE REGARDING GENERATIVE ARTIFICIAL INTELLIGENCE The above documents MUST BE SERVED ALONG WITH THE SUMMONS AND COMPLAINT.

CRITICALCivil cases

Applies to

Exhibits

All listed exhibits must be made available for examination by opposing counsel.

make all listed exhibits available for examination by opposing counsel

CRITICALCivil cases

Applies to

Exhibits

Documentary exhibits must be exchanged on the date the Joint Pretrial Order is filed, except for rebuttal exhibits and exhibits whose use cannot be anticipated.

All documentary exhibits must be exchanged on the date the Joint Pretrial Order is filed, except for rebuttal exhibits and those whose use cannot be anticipated.

CRITICALCivil cases

Parties must provide a copy of the scheduling order to any new parties joined.

Furnish a copy of this scheduling order to new parties.

CRITICAL

Applies to

Court procedures

Plaintiffs must serve court materials and Order for Conference and Disclosure of Interested Parties on all defendants with summons and complaint.

Plaintiff must serve these materials and the Order for Conference and Disclosure of Interested Parties on all defendants with the summons and complaint.

CRITICAL

Proof of service for court materials must be filed with the Clerk.

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

CRITICAL

Exhibits must be made available for opposing counsel examination except unanticipatable rebuttal exhibits.

Each counsel will make all such exhibits available for examination by opposing counsel. This rule does not apply to rebuttal exhibits that cannot be anticipated.

CRITICAL

Applies to

Court procedures

Attached court materials must be served with summons and complaint or removal papers.

THE ATTACHED MUST BE SERVED WITH THE SUMMONS AND COMPLAINT OR REMOVAL PAPERS

CRITICAL

Applies to

Court procedures

Parties removing cases to this court must comply with the same service obligations as plaintiffs filing original complaints.

A party removing a case to this court has the same obligation as a plaintiff filing an original complaint.

CRITICAL

Applies to

Exhibits

Exhibits must be exchanged between the parties/counsel before the joint pretrial order is filed.

Exhibits must be exchanged between the parties/counsel before the joint pretrial order is filed.

CRITICAL

Applies to

Exhibits

Counsel who require authentication of an opposing party's exhibits must give written notice to the opponent by the Local Rules deadline.

Counsel requiring authentication of an opposing party's exhibits must notify the opponent in writing within the time required by the Local Rules.

CRITICAL

A party requiring authentication of an exhibit must notify offering counsel in writing within 7 days after the exhibit is listed and made available, or the failure may be deemed an admission of authenticity.

All parties requiring authentication of an exhibit must notify the offering counsel in writing within 7 days after the exhibit is listed and made available to opposing parties. Failure to do so may be deemed an admission of authenticity. See S.D. Tex. L.R. 44.1.

CRITICALCriminal cases

Opposing counsel must receive notice when exhibit and witness lists are provided.

with notice to opposing counsel.

CRITICALCivil cases

Plaintiff must serve the defendant within 90 days of filing the complaint and file proof of service, or risk dismissal.

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

CRITICALCivil cases

Applies to

Complaint

Service on the defendant must be perfected within 90 days after the complaint is filed, or the claim will be dismissed for want of prosecution under Fed. R. Civ. P. 4(m).

Any cause of action in which service upon defendant has not been perfected within 90 days after filing of the complaint will be dismissed for want of prosecution in accordance with FED. R. CIV. P. 4(m).

CRITICALCivil cases

Applies to

Complaint

The plaintiff must serve the defendant within 90 days of filing the complaint, and failure to file proof of service within that time may result in dismissal under FRCP 4(m).

The plaintiff must serve the defendant within 90 days of filing the complaint. The plaintiff's failure to file proof of service within that time may result in dismissal by the court on its own initiative. See FED. R. CIV. P. 4(m).

CRITICALCivil cases

Applies to

Order

Any party receiving the order must provide a copy of the order to all other parties.

All parties receiving this order shall copy all other parties with a copy of this order.

CRITICALCivil cases

Applies to

Order for conference and rule 26f joint report form

The plaintiff or removing party must serve the order for conference and the Rule 26(f) joint report/case management plan form on opposing parties contemporaneously with the summons and complaint.

The Plaintiff(s) filing this suit, or the party removing this suit from state court, SHALL SERVE THE OPPOSING PARTY OR PARTIES with copies of: A. this ORDER FOR CONFERENCE, B. the form for the JOINT REPORT ON MEETING REQUIRED BY RULE 26(f) AND JOINT DISCOVERY/CASE MANAGEMENT PLAN. These papers SHALL BE SERVED CONTEMPORANEOUSLY WITH THE SUMMONS AND COMPLAINT.

CRITICALCivil cases

A party requiring authentication of an exhibit must notify offering counsel in writing within five days after the exhibit is listed and made available, and failure to object in writing before trial concedes authenticity.

B. A party requiring authentication of an exhibit must notify the offering counsel in writing within five days after the exhibit is listed and made available; failure to object in writing in advance of the trial concedes authenticity.

CRITICALCivil cases

Deadline

5 business days

Applies to

Written notice of exhibit authentication

Counsel requiring authentication of an exhibit must notify opposing counsel in writing within 5 business days after the exhibit is made available, otherwise authenticity is deemed admitted.

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

CRITICALCivil cases

Deadline

3 business days

C. Within reason, other objections to admissibility of exhibits must be made at least three business days before trial; the Court will be notified in writing of disputes, with copies of the disputed exhibit and authority.

C. Within reason, other objections to admissibility of exhibits must be made at least three business days before trial; the Court will be notified in writing of disputes, with copies of the disputed exhibit and authority.

CRITICAL

Counsel must notify offering counsel in writing within 7 days of exhibit identification to require authentication, or risk admission of authenticity.

Any counsel requiring authentication of an exhibit must notify offering counsel in writing within 7 days after the exhibit is identified as a trial exhibit and made available for examination. Failure to do so may be deemed an admission of authenticity.

CRITICAL

Parties must make all expected exhibits available for examination by opposing parties.

Each party will make the exhibits available for examination by the opposing parties.

CRITICAL

Applies to

Complaint

Any defendant who has not been served within 120 days after the complaint is filed may be dismissed, in accordance with Fed. R. Civ. P. 4.

Any defendant who has not been served within 120 days after the complaint is filed may be dismissed, in accordance with Fed. R. Civ. P. 4.

CRITICAL

Applies to

Exhibit authentication notice

Parties must notify offering counsel in writing within 7 days of exhibit listing if authentication is required, or risk admission of authenticity.

All parties requiring authentication of an exhibit must notify the offering counsel in writing within 7 days after the exhibit is listed and made available to opposing parties. Failure to do so may be deemed an admission of authenticity.

CRITICAL

Applies to

Procedures

These Procedures must be served alongside the summons and complaint or removal papers.

These Procedures Must Be Served With The Summons And Complaint Or Removal Papers

CRITICAL

Applies to

Procedures and rule 16 order

Plaintiffs must serve these Procedures and the Rule 16 scheduling order on all defendants and parties with the summons and complaint.

The plaintiff must serve these Procedures and the Order Scheduling Rule 16 Conference on all defendants and other parties, along with the summons and complaint.

CRITICAL

Applies to

Procedures and rule 16 order

Parties removing a case to this court must comply with the same service requirements as plaintiffs.

A party removing a case to this court has the same obligation as a plaintiff filing an original complaint.

CRITICAL

Proof of service for these Procedures and Rule 16 order must be filed with the court.

Proof of service of these materials must be filed.

CRITICAL

Service

Email

Emergency motions for immediate relief must be filed and emailed to the case manager, who must be informed of opposing party contact and availability.

Applications for restraining orders or for other immediate relief are to be filed and a copy emailed to the case manager. Counsel must inform the case manager if the opposing party has been contacted and whether and when all parties can be available for a conference before the court.

CRITICALCivil cases

A party requiring exhibit authentication must notify offering counsel in writing within 7 days after the exhibit is listed and made available, or authenticity may be deemed admitted.

All parties requiring authentication of an exhibit must notify the offering counsel in writing within 7 days after the exhibit is listed and made available to opposing parties. Failure to do so may be deemed an admission of authenticity.

WARNINGCivil cases

The IRS must be served at the addresses it periodically provides to the Clerk.

The Internal Revenue Service shall be served at the addresses provided by them from time-to-time to the Clerk.

WARNINGCivil cases

The attorney adding new parties must provide them with copies of the order.

The Attorney causing the addition of new parties will provide copies of this Order to new parties.

WARNINGCivil cases

The Court may dismiss the case on its own initiative if the plaintiff fails to file proof of service within that time.

The plaintiff’s failure to file proof of service within that time may result in dismissal by the Court on its own initiative.

WARNING

The parties should exchange proposed motions in limine, exhibit lists, and deposition designations at least one week before docket call.

The parties should exchange proposed motions in limine, exhibit lists, and deposition designations at least one week before docket call.

WARNINGCriminal cases

Applies to

Email correspondence

Service

Email to all parties

Email correspondence with the Court should copy all other counsel of record and may be docketed at the Court's discretion.

Email correspondence with the Court should copy all other counsel appearing in the case and will be docketed at the Court's discretion.

WARNINGCriminal cases

Attorneys must furnish Probation with the travel request and documentary proof within the same five business day timeframe before the controlling deadline.

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.

WARNINGCriminal cases

Copies of letters to the Court must be served on all parties prior to or at the time of filing.

Letters to the Court may be hand-delivered, sent by First Class Mail to Chambers, or transmitted by email, with copies to all parties served prior to or at the time of filing.

WARNINGCivil cases

Parties should agree on the form of exhibit exchange; absent agreement, use well-organized USB drives or a similar electronic transfer or download.

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

WARNINGCivil cases

The party requesting joinder must furnish the Scheduling Order to the new parties.

Party requesting joinder will furnish copy of this Scheduling Order to new parties.

WARNING

Copies of urgent documents hand-delivered or emailed to the Court must be transmitted to all counsel of record.

Copies of any such documents must be transmitted to all counsel of record.

WARNING

Additional trial witnesses must be reported to opposing counsel with names, addresses, and testimony subject matter as soon as known, except purely rebuttal or impeaching witnesses whose necessity or testimony could not reasonably have been anticipated before trial.

If any other witnesses are to be called at trial, their names, addresses, and the subject matter of their testimony must be reported to opposing counsel as soon as they are known. This restriction does not apply to a purely rebuttal or impeaching witness, but only if that witness's necessity or testimony could not reasonably have been anticipated before trial.

WARNING

Applies to

Scheduling order

A party requesting joinder must furnish a copy of the scheduling order to any newly added parties.

Party requesting joinder will furnish a copy of this scheduling order to new parties.

WARNINGCriminal cases

Opposing counsel should receive copies of courtesy documents at the same time unless they are automatically copied electronically.

Obviously, opposing counsel should be copied at the same time unless they are automatically copied electronically.

WARNINGCriminal cases

Counsel should give opposing counsel appropriate notice.

Appropriate notice should be given to opposing counsel.

WARNINGCriminal cases

3) All counsel of record should be copied.

3) All counsel of record should be copied.

WARNINGCivil cases

Applies to

Order for conference

The plaintiff or removing party must serve the opposing party with copies of the order and joint report form contemporaneously with the summons and complaint.

The Plaintiff(s) filing this suit, or the party removing this suit from state court, SHALL SERVE THE OPPOSING PARTY OR PARTIES with copies of: A. this ORDER FOR CONFERENCE, B. the form for the JOINT REPORT ON MEETING REQUIRED BY RULE 26(f) AND JOINT DISCOVERY/CASE MANAGEMENT PLAN. These papers SHALL BE SERVED CONTEMPORANEOUSLY WITH THE SUMMONS AND COMPLAINT.

WARNINGCivil cases

All counsel of record should be copied.

All counsel of record should be copied.

WARNINGCivil cases

Service

Electronic service

All counsel are advised to keep their email addresses current in CM/ECF as the Clerk of the Court provides transmission of orders and motions through that interface.

All counsel are advised to keep their email addresses current in CM/ECF as the Clerk of the Court provides transmission of orders and motions through that interface.

WARNINGCivil cases

Opposing counsel should be copied at the same time courtesy copies of urgent documents are sent to Chambers, unless they are automatically copied electronically.

Obviously, opposing counsel should be copied at the same time unless they are automatically copied electronically.

WARNINGCivil cases

Newly identified trial witnesses must be reported to opposing counsel in writing as soon as they are known, except rebuttal or impeachment witnesses.

B. If other witnesses to be called at the trial become known, their names, addresses, and subject of their testimony will be reported to opposing counsel in writing as soon as they are known; this does not apply to rebuttal or impeachment witnesses.

WARNINGCivil cases

Deadline

10 business days

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, given within ten business days after the Designating Person’s receipt of the 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 Person.

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, given within ten business days after the Designating Person’s receipt of the 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 Person.

CRITICAL

Applies to

Letter

Serve all parties with a copy of any letter or email sent to the Court using the same delivery method.

Prior to or with delivery of any letter or email to the Court, use the same means to provide a copy to all other parties.

CRITICAL

Deadline

5 business days

Applies to

Exhibit

Counsel requiring exhibit authentication must notify offering counsel in writing within 5 business days of exhibit listing.

Any counsel requiring authentication of an exhibit must notify offering counsel in writing within five (5) business days after the exhibit is listed and authenticity. See Local Rule 44.1 and CrLR55.2A.

CRITICAL

Additional witness info must be reported to opposing counsel as soon as known, except unanticipatable witnesses.

In the event there are any other witnesses to be called at the trial, their names, addresses, and the subject matter of their testimony shall be reported to opposing counsel as soon as they are known. This restriction shall not apply to whose testimony cannot reasonably be anticipated before the time of trial.