Southern District of Texas Service and Proof of Service Rules

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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

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

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

Source text: Furnish a copy of this scheduling order to new parties.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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).

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.

Source text: 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.

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

Source text: make all listed exhibits available for examination by opposing counsel

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.

Source text: 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.