Southern District of Texas Service and Proof of Service Rules

Applies to

Court procedures and practices

Service

Other to all parties

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.

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.

Applies to

Order

Service

Other to opposing party

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.

Applies to

Order

Service

Other to all parties

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.

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.

Service

Other to opposing party

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.

Service

Other to opposing party

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.

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.

Deadline

0 hours

Service

Other to opposing party

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.

Deadline

0 calendar days

Applies to

Letter

Service

Email to all parties

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.

Deadline

90 calendar days

Applies to

Complaint

Service

Other to defendant

Service of the complaint on defendants must be perfected within 90 days of filing to avoid dismissal for want of prosecution.

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).

Deadline

0 calendar days

Applies to

Trial exhibit

Service

Other to all parties

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.

Deadline

2 calendar days

Service

Other to all parties

In civil cases, plaintiff must notify parties of witness order two days before trial, and update daily during trial.

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.

Deadline

2 calendar days

Service

Other to opposing party

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.

Deadline

0 calendar days

Applies to

Complaint

Service

Other to all parties

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.

Deadline

5 business days

Applies to

Exhibit

Service

Mail to opposing party

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.

Applies to

Order to disclose interested persons

Service

Personal service to opposing party

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.

Applies to

Scheduling order

Service

Other to other

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.

Applies to

Cover page

Service

Other

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

Applies to

Summons and complaint

Service

Other to opposing party

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.

Applies to

Notice of removal

Service

Other to opposing party

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.

Service

Other to clerk

Proof of service for the cover page, Order for Conference, summons, complaint, and notice of removal must be filed with the Clerk.

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

Deadline

0 calendar days

Applies to

Order for conference

Service

Other to opposing party

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.

Service

Other to opposing party

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

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

Service

Other to all parties

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

Furnish a copy of this scheduling order to new parties.

Service

Other to opposing party

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.

Deadline

90 calendar days

Service

Other to opposing party

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.

Deadline

90 calendar days

Applies to

Complaint

Service

Other to opposing party

Plaintiff must serve defendant within 90 days of filing the complaint; proof of service must be filed within that time to avoid dismissal.

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).

Deadline

0 calendar days

Applies to

Summons and complaint

Service

Other to opposing party

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.

Applies to

Exhibits

Service

Other to opposing party

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

make all listed exhibits available for examination by opposing counsel

Deadline

0 calendar days

Applies to

Exhibits

Service

Other to opposing party

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.

Applies to

Court procedures

Service

Other to other

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

Applies to

Court procedures

Service

Other to other

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.

Applies to

Court procedures

Service

Other to other

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.

Service

Other

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

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

Service

Other to opposing party

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.

Service

Other to opposing party

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.

Deadline

90 calendar days

Service

Other to opposing party

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).

Applies to

Procedures

Service

Other to all parties

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

Applies to

Procedures and rule 16 order

Service

Other to all parties

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.

Applies to

Procedures and rule 16 order

Service

Other to all parties

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.

Service

Other

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.

Deadline

7 calendar days

Service

Mail

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.

Service

Email to case manager

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.

Deadline

120 calendar days

Applies to

Complaint

Service

Other to opposing party

Defendants must be served within 120 days after complaint filing to avoid dismissal.

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.

Service

Other to opposing party

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.

Deadline

7 calendar days

Applies to

Exhibit authentication notice

Service

Other to opposing party

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.

Applies to

Order for conference

Service

Other to opposing party

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.