Judge Alfred H. Bennett
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Upon request
Courtesy copies
- 1 copy • Mail
- 2 copies • At Beginning Of Trial
- Not required
Emergency Expedited Motions
- 1 copy • Email • Upon Filing
Exhibits
- 1 copy • Mail • Upon Filing
- 2 copies • Hand Delivery • At Beginning Of Trial
Adjournments
- Parties may agree to discovery deadline extensions without court approval if they do not affect dispositive motion or docket call dates.
- Continuances of dispositive motion deadlines or docket call dates require a motion with explanation of case age/status and prejudice to opposing party; agreed continuances are not binding and need explanation.
- Lead counsel actively engaged in litigation may seek an automatic 120-day continuance of trial setting for birth or adoption of a child.
- +3 more
Request must include
- Continuance requests for hearings must be submitted at least 48 hours before the scheduled date, except in truly unavoidable circumstances.
- Continuance or settlement motions must be filed no later than 7 days before docket call.
Communication
Chambers, Clerk
Phone
Clerk
Page & Word Limits6 rules
Machine summary. Not checked yet.Mandatory?
Should additional briefing be allowed, such briefing and any response should not exceed ten (10) pages except with leave of Court.
Summary: Additional briefing on discovery disputes limited to 10 pages, except with leave of court.
Brief
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Absent leave of Court for extended briefing, any brief or memorandum shall be limited to twenty (20) pages, including the case style, any table of contents or authorities, and signature block.
Summary: Briefs and memoranda limited to 20 pages including case style, table of contents/authorities, and signature block, absent leave for extended briefing.
Brief
20 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Reply briefs must be submitted within seven (7) days of the filing of non-movant’s response to the motion and must not exceed five (5) pages in length, including the case style, any table of contents or authorities, and signature block.
Summary: Reply briefs must be submitted within 7 days of non-movant’s response and limited to 5 pages including case style, TOC/TOA, and signature block.
Reply Brief
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Should additional briefing be allowed, such briefing and any response must not exceed ten (10) pages absent leave of Court.
Summary: Additional briefing and responses in discovery disputes are limited to 10 pages unless the Court grants leave.
Brief
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Absent leave of Court, motions and responses are limited to twenty (20) pages, including the case style, any table of contents or authorities, and signature block.
Summary: Absent leave of court, motions and responses are limited to 20 pages, including case style, table of contents/authorities, and signature block.
Motion Response
20 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
A reply must not exceed five (5) pages in length, including the case style, any table of contents or authorities, and signature block.
Summary: Reply briefs are limited to 5 pages, including case style, table of contents/authorities, and signature block.
Reply Brief
5 pages
Applies to: Attorney
Document Format Requirements8 rules
Machine summary. Not checked yet.Mandatory?
Filings must be double-spaced in Times New Roman 12-point font. All footnotes must be in Times New Roman 12-point font.
Summary: All filings must use double-spaced Times New Roman 12-point font, including footnotes.
Machine summary. Not checked yet.Mandatory?
All authority must be cited within the body of the document and not footnoted;
Summary: All legal authority in motions must be cited within the document body, not in footnotes.
Machine summary. Not checked yet.Mandatory?
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;
Summary: Proposed orders must not include “Proposed” in the title and must use the format of the example order provided.
Machine summary. Not checked yet.Mandatory?
Prior to the docket call, each party must email the Case Manager a courtesy copy of the Proposed Jury Instructions in Microsoft Word format.
Summary: Proposed Jury Instructions must be submitted in Microsoft Word (DOCX) format.
DOCX
Machine summary. Not checked yet.Mandatory?
Attorneys should use numbers, not letters, for exhibits.
Summary: Exhibits must be identified with numbers, not letters.
Machine summary. Not checked yet.Mandatory?
Filings must be double-spaced in Times New Roman 12-point font. All footnotes must be in Times New Roman 12-point font.
Summary: All filings must be double-spaced in 12-point Times New Roman font, with footnotes in the same font.
Machine summary. Not checked yet.Mandatory?
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.
Summary: Proposed Jury Instructions courtesy copy must be in Microsoft Word (DOCX) format.
DOCX
Machine summary. Not checked yet.Note?
Attorneys should use numbers, not letters, for exhibits.
Summary: Exhibits should be numbered, not lettered.
Document Filing Requirements28 rules
Machine summary. Not checked yet.Mandatory?
Proof reflecting service of these materials must be filed with the Clerk.
Summary: Proof of service of the Court Procedures and Practices, summons, complaint, and related materials must be filed with the Clerk.
Document Type
Certificate Of Service
Machine summary. Not checked yet.Mandatory?
Motions Pro Hac Vice and Notices of Appearance must be on file a week before counsel plans to appear.
Summary: Motions Pro Hac Vice must be filed at least one week before counsel's planned appearance.
Document Type
Motion Pro Hac Vice
Machine summary. Not checked yet.Mandatory?
If parties wish to have oral argument, a motion for hearing must be filed separately on the docket.
Summary: Parties wishing oral argument must file a separate motion for hearing on the docket.
Document Type
Motion For Hearing
Machine summary. Not checked yet.Mandatory?
The initial letter as well as all additional briefing must also include a proposed order.
Summary: Initial pre-motion letter and all additional briefing on discovery disputes must include a proposed order.
Document Type
Letter
Machine summary. Not checked yet.Mandatory?
A party may not file a motion and separate “Memorandum of Law.” The motion itself must include the party’s argument supporting the relief it seeks.
Summary: Separate memoranda of law are prohibited; motions must include all supporting argument.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
All motions must contain a certificate of conference stating that counsel and pro se parties have conferred regarding the substance of the relief requested, and stating whether the relief sought is opposed or unopposed. In circumstances where counsel has made at least two attempts to ascertain whether the relief is opposed and must state in the certificate of conference the number of attempts made to contact the opposing party, the method of those attempts (i.e., fax, e-mail, telephone call, postal mail), the date and time of the attempts, and the results obtained thereby. Even motions that may be unopposed, joint, or agreed by two or more parties require a certificate of conference stating that there is no opposition;
Summary: All motions must include a certificate of conference detailing prior conferring, opposition status, and if applicable, contact attempts; unopposed/joint motions also require the certificate.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
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.
Summary: Default judgment movants must notify all parties by regular and certified mail per Local Rule 5.5.
Document Type
Motion For Default Judgment
Machine summary. Not checked yet.Mandatory?
Except for dispositive motions, all motions should include a proposed order, pursuant to Local Rule 7.1(C).
Summary: All motions except dispositive motions must include a proposed order per Local Rule 7.1(C).
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Any exhibits provided on CDs, USBs, or other non-paper formats must be filed with the Clerk of Court and must include a cover letter clearly indicating the style of the case, the non-paper exhibit being filed, and, if applicable, the electronic filing associated with the exhibit.
Summary: Non-paper exhibits must include a cover letter with case style, exhibit details, and associated ECF filing if applicable.
Document Type
Non Paper Exhibit
Machine summary. Not checked yet.Mandatory?
For non-jury trials, each party must file (1) Proposed Findings of Facts, citing deposition testimony, expected witness testimony, exhibits, and other evidence, and (2) Proposed Conclusions of Law, citing legal authority to support each conclusion it seeks at trial, fourteen (14) days prior to the docket call.
Summary: Proposed Findings of Fact must cite deposition testimony, expected witness testimony, exhibits, and other evidence.
Document Type
Proposed Findings Of Fact
Machine summary. Not checked yet.Mandatory?
Following trial and at a time directed by the Court, each party must file Supplemental Proposed Findings of Fact and Proposed Conclusions of Law and provide citations to specific testimony and evidence from trial.
Summary: Supplemental Proposed Findings of Fact must cite specific trial testimony and evidence.
Document Type
Supplemental Proposed Findings Of Fact
Machine summary. Not checked yet.Mandatory?
Prior to filing Motions in Limine, the parties must confer and note for the Court which requests are unopposed. Motions in Limine should not be “form” motions, but rather specifically tailored to the evidence at issue in the case.
Summary: Motions in Limine must be tailored to case evidence, not form motions; parties must confer pre-filing and note unopposed requests.
Document Type
Motion In Limine
Machine summary. Not checked yet.Mandatory?
The Court requires strict compliance with the Local Rules.
Summary: Parties must strictly comply with the Local Rules of the Southern District of Texas.
Document Type
All Filings
Machine summary. Not checked yet.Mandatory?
If the parties agree that an emergency/expedited hearing is warranted, they must file an unopposed emergency motion on the docket. If only one party believes that emergency or expedited relief is warranted, that party may file an emergency motion. Note: all emergency motions must be styled as an “Emergency Motion” on the docket using the appropriate CM/ECF event.
Summary: Agreed emergency hearings require an unopposed emergency motion styled as “Emergency Motion” on the docket; single-party emergency motions are permitted with the same styling.
Document Type
Emergency Motion
Machine summary. Not checked yet.Mandatory?
Additionally, the parties must confer, complete, and electronically file the proposed scheduling order using the form attached to the Order for Conference.
Summary: Proposed scheduling orders must be filed electronically using the form attached to the Order for Conference, after party conference.
Document Type
Proposed Scheduling Order
Machine summary. Not checked yet.Mandatory?
The joint discovery/case management plan must be completed using the form available at http://www.txs.uscourts.gov/sites/txs/files/ahb_jdcmp.pdf.
Summary: Joint discovery/case management plans must use the court-provided form from the specified website.
Document Type
Joint Discovery Case Management Plan
Machine summary. Not checked yet.Mandatory?
The initial letter as well as all additional briefing must include a proposed order.
Summary: The initial discovery dispute letter and all additional briefing must include a proposed order.
Document Type
Discovery Letter Briefing
Machine summary. Not checked yet.Mandatory?
(b) Except for dispositive motions, all motions must include a proposed order, pursuant to Local Rule 7.1(C). Do not include “Proposed” in the title of the order. An example order can be found at the bottom of this document and should be used as a formatting guide.
Summary: All non-dispositive motions must include a proposed order (pursuant to Local Rule 7.1(C)), and the order title must not include “Proposed”.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Upon settlement of a suit involving a minor plaintiff, counsel must jointly move for appointment of a guardian ad litem if there is a potential conflict of interest between the parent(s) and the minor.
Summary: For settlements involving a minor plaintiff with potential parent-minor conflict of interest, counsel must jointly move for appointment of a guardian ad litem.
Document Type
Settlement Minor
Machine summary. Not checked yet.Mandatory?
(a) A party may not file a motion accompanied by a separate “Memorandum of Law.” The motion itself must include the party’s argument and all legal authority. All legal authority must be cited in the body of the motion and not footnoted;
Summary: Motions may not be accompanied by a separate Memorandum of Law; the motion must include all argument and legal authority, cited in the body not footnotes.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Any request for oral argument must be made by separate motion.
Summary: Requests for oral argument must be filed as a separate motion.
Document Type
Motion Oral Argument
Machine summary. Not checked yet.Mandatory?
(c) All motions must contain a certificate of conference stating that counsel, and any pro se parties, have conferred regarding the relief requested, and whether the relief sought is opposed or unopposed. In circumstances where opposition cannot be determined, the movant must make at least two attempts to ascertain the opposing party’s position and must describe in the certificate of conference the number of attempts made, the method of contact, the date and time of each attempt, and the results obtained thereby. A certificate of conference is required even for motions that are unopposed, joint, or agreed.
Summary: All motions must include a certificate of conference detailing conferral with opposing parties, opposition status, and (if opposition undetermined) at least two attempts to ascertain position with details of each attempt; required even for unopposed/joint/agreed motions.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Any exhibits provided on CDs, USBs, or other non-paper formats must be filed with the Clerk of Court and must include a cover letter clearly indicating the style of the case, the non-paper exhibit being filed, and, if applicable, the electronic filing associated with the exhibit.
Summary: Non-paper exhibits must be accompanied by a cover letter identifying case style, exhibit details, and related ECF filing.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
No later than fourteen (14) days before the docket call, each party must file (1) Proposed Findings of Facts, citing deposition testimony, expected witness testimony, exhibits, and other evidence, and (2) Proposed Conclusions of Law, citing legal authority to support each conclusion the party seeks at trial.
Summary: Proposed Findings of Fact must cite evidence; Proposed Conclusions of Law must cite legal authority.
Document Type
Proposed Findings Conclusions
Machine summary. Not checked yet.Mandatory?
Counsel must provide Deposition Designations and Objections with the Pretrial Filings.
Summary: Pretrial Filings must include Deposition Designations and Objections.
Document Type
Pretrial Filing
Machine summary. Not checked yet.Mandatory?
Below is the proper form of the signature block for proposed orders.
Summary: Proposed orders must include required caption elements and use the specified signature block format.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
CERTIFICATE OF SERVICE IN REMOVED ACTION I certify compliance with the Order for Conference and Disclosure of Interested Parties, which was entered upon filing of the petition for removal of this action. On ____________________, I served copies of Judge Alfred H. Bennett’s Court Procedures and Practices and the Order for Conference and Disclosure of Interested Parties on all other parties.
Summary: Removed actions must include a Certificate of Service conforming to the specified form and language.
Document Type
Certificate Of Service
Machine summary. Not checked yet.Important?
Sur-replies are rarely considered. Should a party think one is necessary, the party must seek leave of Court.
Summary: Sur-replies are rarely considered and require leave of court to file.
Document Type
Sur Reply
Filing & Service rules
Electronic Filing Rules
All parties must file documents electronically through the CM/ECF system per Local Rule 5.1.
The Court requires that parties file documents through the District Court’s Case Management/Electronic Case Filing (“CM/ECF”) System. See Local Rule 5.1 and Administrative Procedures for CM/ECF (as amended and available at www.txs.uscourts.gov).
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Page 3 | A. GENERAL PROCEDURES 4. Electronic Filing
Motions must be filed as standalone documents on separate CM/ECF docket entries, not as exhibits or attachments to other filings.
Each motion must be filed as a separate docket entry, with only one motion per filing. A motion must be filed as its own, standalone document on CM/ECF and may not be filed as an exhibit or attachment to another filing.
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Page 6 | Most motions are ruled on by submission.
Non-paper exhibits must be filed with Clerk of Court in paper format with a required cover letter.
Any exhibits provided on CDs, USBs, or other non-paper formats must be filed with the Clerk of Court and must include a cover letter clearly indicating the style of the case, the non-paper exhibit being filed, and, if applicable, the electronic filing associated with the exhibit.
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Page 7 | 9. Non-Paper Exhibits
Filing Timing and Cure Windows
Pro Hac Vice motions and Notices of Appearance must be filed at least 7 days before counsel's planned appearance.
Motions to Appear Pro Hac Vice and Notices of Appearance must be on file a week before counsel plans to appear.
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Page 3 | A. GENERAL PROCEDURES 5. Appearances
Joint discovery/case management plans must be filed 10 days before the scheduling conference, using the required form, after a Rule 26(f) conference.
counsel and/or the parties must confer (in person or by telephone) as required by Federal Rule of Civil Procedure 26(f) and must prepare and file a joint discovery/case management plan containing the information required by Rule 26(f) no later than ten (10) days before the scheduling conference. The joint discovery/case management plan must be completed using the form available at http://www.txs.uscourts.gov/sites/txs/files/ahb_jdcmp.pdf.
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Page 4 | B. PRETRIAL PRACTICE 1. Initial Scheduling Conferences
Responses to motions must be filed within 21 days per Local Rule 7.4, unless the Court orders an expedited response.
Pursuant to Local Rule 7.4, responses must be filed within twenty-one (21) days unless the Court orders an expedited response;
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Page 6 | All motions must comply with the following requirements:
Reply briefs must be filed within 7 days of the response to the motion.
A reply must be filed within seven (7) days of the response.
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Page 6 | All motions must comply with the following requirements:
Service must be perfected within 120 days of complaint filing, or defendant may be dismissed per Rule 4(m).
Any defendant upon whom service has not been perfected within 120 days of the filing of the complaint may be dismissed for want of prosecution in accordance with FED. R. CIV. P. 4(m).
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Page 7 | A. GENERAL PROCEDURES
Jury trial parties must file pretrial filings 14 days before docket call/pretrial conference, plus Joint Pretrial Order in civil cases.
No later than fourteen (14) days before the docket call or pretrial conference, each party must file (1) an Exhibit List, (2) a Witness List, (3) Deposition Designations, (4) Objections to Exhibits, Witnesses, and Deposition Designations, (5) Proposed Jury Instructions, and (6) Motions in Limine. In civil cases, the parties must also file a Joint Pretrial Order.
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Page 8 | C. TRIAL PRACTICE 2. Pretrial Filings
Bench trial parties must file Proposed Findings of Fact and Conclusions of Law 14 days before docket call with required citations.
No later than fourteen (14) days before the docket call, each party must file (1) Proposed Findings of Facts, citing deposition testimony, expected witness testimony, exhibits, and other evidence, and (2) Proposed Conclusions of Law, citing legal authority to support each conclusion the party seeks at trial.
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Page 8 | C. TRIAL PRACTICE 2. Pretrial Filings
Parties must file supplemental proposed findings/conclusions post-trial as directed by court, citing trial evidence.
Following trial, and at a time directed by the Court, each party must file Supplemental Proposed Findings of Fact and Proposed Conclusions of Law, with citations to specific trial testimony and admitted evidence.
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Page 8 | C. TRIAL PRACTICE 2. Pretrial Filings
Court will rule on default judgment motion no sooner than 21 days after filing if no hearing is needed.
If no hearing is necessary, the Court will rule on the Motion for Default Judgment no sooner than twenty-one (21) days after the filing of the motion.
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Page 7 | 7. Default Judgment
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.
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.
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Page 1 | Introductory Instructions
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.
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Page 7 | 7. Default Judgment
Courtesy Copy Requirements
Counsel filing a sole-emergency motion must email a courtesy copy to the Case Manager upon filing.
If only one side feels it is an emergency, please file a motion for an emergency/expedited hearing. Email a courtesy copy to the Case Manager, who will then provide it to Judge for consideration.
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Page 3 | A. GENERAL PROCEDURES
Physical courtesy copies are prohibited unless requested; only expedited or sealed documents may have courtesy copies emailed to the Case Manager.
Do not submit physical courtesy copies to the Court unless requested. The court will request courtesy copies if needed. Courtesy copies of expedited or sealed documents only may be emailed to the Case Manager.
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Page 4 | A. GENERAL PROCEDURES
Upon settlement, parties must file a Notice of Settlement and email a courtesy copy to the Case Manager.
If the parties have settled the case, they must file a Notice of Settlement on the record and email a courtesy copy to the Case Manager.
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Page 6 | 6. Settlements and Orders of Dismissal
Courtesy copy of non-paper exhibit must be mailed to the Court's specified address.
A courtesy copy of the non-paper exhibit must be mailed to the Court at the following address: Law Clerk to Judge Alfred H. Bennett United States District Court 515 Rusk St., Room 8624 Houston, TX 77002
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Page 7 | 8. Non-Paper Exhibits
Courtesy copy of Proposed Jury Instructions must be emailed to the Case Manager prior to docket call.
Prior to the docket call, each party must email the Case Manager a courtesy copy of the Proposed Jury Instructions in Microsoft Word format.
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Page 7 | C.2. Pretrial Filings
Two copies of each party’s exhibits in notebooks must be provided to the court at trial start.
Counsel for each party shall provide the court with two (2) copies of that party’s exhibits in notebooks at the beginning of trial.
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Page 8 | C.2. Pretrial Filings
Physical courtesy copies are prohibited unless specifically requested by the Court.
Do not submit physical courtesy copies to the Court unless requested.
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Page 3 | A. GENERAL PROCEDURES 3. Courtesy Copies
Upon settlement, parties must file a Notice of Settlement and email a courtesy copy to the Case Manager.
If the parties have settled the case, they must file a Notice of Settlement on the record and email a courtesy copy to the Case Manager.
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Page 6 | 6. Settlements and Orders of Dismissal
Courtesy copy of non-paper exhibit must be mailed to Chambers upon filing.
A courtesy copy of the non-paper exhibit must be mailed to the Court at the following address: Law Clerk to Judge Alfred H. Bennett United States District Court 515 Rusk St., Room 8624 Houston, TX 77002
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Page 7 | 9. Non-Paper Exhibits
Each party must provide two copies of exhibits in notebooks to the court at trial start.
Counsel for each party shall provide the court with two (2) copies of that party’s exhibits in notebooks at the beginning of trial.
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Page 8 | C. TRIAL PRACTICE 3. Exhibits
Courtesy copy of Proposed Jury Instructions must be emailed to Case Manager before docket call/pretrial conference.
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.
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Page 8 | C. TRIAL PRACTICE 2. Pretrial Filings
Sealing & Redaction Procedures
Parties filing pleadings, motions, or exhibits under seal must first file a Motion to File under Seal.
If a party wishes to file a pleading, motion, or exhibit under seal, the party must first file a Motion to File under Seal. The Court will then consider whether the pleading, motion, or exhibit shall be admitted under seal;
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Page 6 | 5. Motion Practice (d)
To file a pleading, motion, or exhibit under seal, a party must first file a Motion to File under Seal for the Court to review.
(d) If a party wishes to file a pleading, motion, or exhibit under seal, the party must first file a Motion to File under Seal. The Court will then consider whether the pleading, motion, or exhibit shall be admitted under seal;
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Page 6 | All motions must comply with the following requirements:
Filing Bundling Requirements
Motions must be filed as separate CM/ECF documents, not as exhibits or attachments to other documents.
A motion must be filed as its own, separate document on CM/ECF and not as an exhibit or attachment to any other document.
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Page 5 | 5. Motion Practice
Pre-Motion Conference Requirements
Pre-motion letter (max 2 pages) required before filing discovery dispute motions, emailed to Case Manager and Law Clerks with opposing counsel included; opposing counsel has 3 days to respond.
Before filing a motion regarding a discovery dispute, the complaining party must email the Case Manager and Law Clerks a letter—not to exceed two (2) pages—explaining the nature of the dispute and detailing the date, time, and place of the parties’ prior out-of-court discovery or scheduling discussions and the names of all counsel participating therein. The email should include opposing counsel. Opposing counsel has three (3) days to file a response, if any, to the original letter.
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Page 5 | 4. Discovery Disputes
Motion responses must be filed within 21 days per Local Rule 7.4, unless the Court orders an expedited response.
Pursuant to Local Rule 7.4, responses must be filed within twenty-one (21) days unless the Court orders an expedited response;
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Page 6 | 5. Motion Practice (e)
Sur-replies are rarely considered and require leave of court to file.
Sur-replies are rarely considered. Should a party think one is necessary, the party must seek leave of Court.
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Page 6 | 5. Motion Practice (f)
Reply briefs must be submitted within 7 days of non-movant’s response to the motion.
Reply briefs must be submitted within seven (7) days of the filing of non-movant’s response to the motion and must not exceed five (5) pages in length, including the case style, any table of contents or authorities, and signature block.
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Page 6 | 5. Motion Practice (f)
Default judgment seekers must first file Request for Entry of Default per Rule 55(a), then Motion for Default Judgment upon default entry.
A party seeking a default judgment shall first file a Request for an Entry of Default from the Clerk of the Court in accordance with Rule 55(a) of the Federal Rules of Civil Procedure. Upon entry of said default, the party may then file a Motion for Default Judgment with the Court.
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Page 6 | 7. Default Judgment
Before filing a discovery dispute motion, the complaining party must submit a maximum 2-page letter to the Case Manager and Law Clerks including a certificate of conference with specified good-faith resolution effort details.
Before filing a motion regarding a discovery dispute, the complaining party must email the Case Manager and Law Clerks a letter—not to exceed two (2) pages—explaining the nature of the dispute. The letter must include a certificate of conference describing the parties’ good-faith efforts to resolve the dispute, including the date, time, and place of the discovery conference and the names of all participating counsel. A discovery letter that does not include this information will not be considered.
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Page 5 | 4. Discovery Disputes
Default judgment requires first filing Request for Entry of Default, then Motion for Default Judgment after default entry.
A party seeking a default judgment shall first file a Request for an Entry of Default from the Clerk of the Court in accordance with Rule 55(a) of the Federal Rules of Civil Procedure. Upon entry of said default, the party may then file a Motion for Default Judgment with the Court.
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Page 7 | 7. Default Judgment
Parties must confer and identify unopposed requests before filing Motions in Limine.
Prior to filing Motions in Limine, the parties must confer and note which requests are unopposed.
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Page 8 | C. TRIAL PRACTICE 2. Pretrial Filings
Court will rule on default judgment motions with no hearing no sooner than 21 days after filing.
If no hearing is necessary, the Court will rule on the Motion for Default Judgment no sooner than twenty-one (21) days after the filing of the motion.
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Page 6 | 7. Default Judgment
Adjournment & Extension Requirements
Parties may agree to discovery deadline extensions without court approval if they do not affect dispositive motion or docket call dates.
The parties may agree to extensions of discovery deadlines without seeking court approval, so long as the extension does not affect the dispositive motion deadline or docket call date.
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Page 5
Lead counsel actively engaged in litigation may seek an automatic 120-day continuance of trial setting for birth or adoption of a child.
Thus, any lead counsel who has been actively engaged in the litigation of a matter may seek an automatic continuance of a trial setting for up to 120 days for the birth or adoption of a child.
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Page 5
Continuances of dispositive motion deadlines or docket call dates require a motion with explanation of case age/status and prejudice to opposing party; agreed continuances are not binding and need explanation.
To continue the dispositive motion deadline or docket call date, the parties must submit a motion detailing a reasonable explanation that takes into consideration the current age and status of the case and whether the opposing party is prejudiced by further delay. Agreed motions for continuance are not binding on the Court and should also include an explanation as to why the parties feel a continuance is necessary.
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Page 5
Continuance requests for hearings must be submitted at least 48 hours before the scheduled date, except in truly unavoidable circumstances.
Any motion or request to continue a hearing must be submitted no later than forty-eight (48) hours before the scheduled setting, absent truly unavoidable circumstances. Requests made outside this timeframe may not be granted. If you do not receive notice of re-setting, please attend as scheduled.
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Page 3 | A. GENERAL PROCEDURES 2. Requests to Continue Hearings
To continue a dispositive motion deadline or docket call date, parties must submit a motion with a reasonable explanation considering case age/status and prejudice to opposing party; agreed continuances are not binding and require an explanation of necessity.
To continue the dispositive motion deadline or docket call date, the parties must submit a motion detailing a reasonable explanation that takes into consideration the current age and status of the case and whether the opposing party is prejudiced by further delay. Agreed motions for continuance are not binding on the Court and should also include an explanation as to why the parties feel a continuance is necessary.
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Page 5 | 3. Continuances
Continuance or settlement motions must be filed no later than 7 days before docket call.
If the parties have settled the case or seek a continuance of the trial setting, they must file an appropriate motion no later than seven (7) days before docket call.
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Page 8 | C. TRIAL PRACTICE 1. Trial Settings
Parties may agree to extend discovery deadlines without court approval if the extension does not affect the dispositive motion deadline or docket call date.
The parties may agree to extensions of discovery deadlines without seeking court approval, so long as the extension does not affect the dispositive motion deadline or docket call date.
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Page 5 | 3. Continuances
Lead counsel actively engaged in the litigation may seek an automatic continuance of up to 120 days for the birth or adoption of a child.
Thus, any lead counsel who has been actively engaged in the litigation of a matter may seek an automatic continuance of a trial setting for up to 120 days for the birth or adoption of a child.
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Page 5 | 3. Continuances
Chambers Communication Rules
Counsel seeking to appear by telephone at a conference or hearing must email the Case Manager at least three business days in advance.
All counsel wishing to appear at a conference or hearing by telephone shall send a request to the Case Manager by email at least three business days prior to the hearing.
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Page 3 | A. GENERAL PROCEDURES
Lawyers are prohibited from calling law clerks except to return a call; law clerks will only discuss the subject of their call.
At the Court’s direction, law clerks may contact counsel; however, they will not discuss matters other than the subject of the call. Lawyers must not call the Court’s law clerks unless they are returning a call.
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Page 3 | A. GENERAL PROCEDURES
Parties agreeing to an emergency/expedited hearing must email the Case Manager to schedule a phone conference or hearing with the Judge.
If both sides agree to an emergency/expedited hearing, please e-mail the Case Manager to set up a phone conference or hearing with Judge.
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Page 3 | A. GENERAL PROCEDURES
Case-related inquiries must be emailed to Case Manager Lisa Edwards, CC'ing opposing counsel unless the issue is sealed.
Case-related inquiries regarding any case must be made by e-mail to the Case Manager, Lisa Edwards, at Lisa_Edwards@txs.uscourts.gov. Please ensure opposing counsel is CC’d unless it is regarding a sealed issue.
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Page 3 | A. GENERAL PROCEDURES
Law clerks may only contact counsel per court direction to discuss the communication subject; lawyers may not call law clerks unless returning a call or email.
At the Court’s direction, law clerks may contact counsel; however, they will not discuss matters other than the subject of the call or e-mail. Lawyers must not call the Court’s law clerks unless they are returning a call or e-mail.
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Page 3 | A. GENERAL PROCEDURES 1. Contact with Court Personnel
Case-related inquiries must be emailed to Case Manager Lisa Edwards, CC'ing opposing counsel unless the issue is sealed.
Case-related inquiries regarding any case must be made by e-mail to the Case Manager, Lisa Edwards, at Lisa_Edwards@txs.uscourts.gov. Please ensure opposing counsel is CC’d unless it is regarding a sealed issue.
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Page 3 | A. GENERAL PROCEDURES 1. Contact with Court Personnel
Counsel seeking to appear by telephone must email the Case Manager at least 3 business days before the hearing, with such leave only granted in special circumstances.
All counsel wishing to appear at a conference or hearing by telephone shall send a request to the Case Manager by email at least three (3) business days prior to the hearing. The Court prefers for counsel to attend in person. As such, leave for appearing at a conference or hearing by telephone will be granted only in special circumstances.
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Page 3 | A. GENERAL PROCEDURES 5. Appearances
Parties must notify the Case Manager via email when requesting to call a remote witness.
The party must also notify the Case Manager of the request via email.
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Page 9 | 4. Witnesses
Counsel must contact the Case Manager via email at least 1 week before trial to arrange technology needs and in-person appointments.
Counsel should consult with the Case Manager about technology needs at least one (1) week in advance of trial. Please reach out to the Case Manager via email to set up an in-person appointment.
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Page 10 | 8. Courtroom Technology
Contact Case Manager Lisa Edwards via email only after reviewing all Court Procedures and Practices in their entirety.
Please review these Court Procedures and Practices in their entirety before contacting the Case Manager: Lisa Edwards, Case Manager To United States District Judge Alfred H. Bennett United States District Court 515 Rusk St., Room 8624 Houston, TX 77002 Telephone: 713-250-5850 Email: Lisa_Edwards@txs.uscourts.gov
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Page 1
All questions about initial scheduling conferences must be directed to the assigned Magistrate Judge's chambers.
The initial scheduling conference will be conducted by the assigned Magistrate Judge. All questions related to the initial conference, including scheduling or rescheduling, should be directed to the assigned Magistrate Judge’s chambers.
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Page 4 | B. PRETRIAL PRACTICE 1. Initial Scheduling Conferences
Junior Lawyer Participation Incentives
Court encourages opportunities for lawyers with fewer than 7 years of experience to conduct hearings, especially those who contributed to the underlying motion or response.
The Court strongly encourages litigants to be mindful of opportunities for young lawyers (i.e., lawyers practicing for fewer than seven (7) years) to conduct hearings before the Court, particularly when the young lawyer drafted or contributed significantly to the underlying motion or response. The Court believes that it is crucial to provide substantive speaking opportunities to young lawyers and that the benefits of doing so will accrue to young lawyers, to clients, and to the profession generally. Thus, the Court encourages all lawyers practicing before it to keep this goal in mind.
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Page 3 | A. GENERAL PROCEDURES
Young lawyers (fewer than 7 years experience) are encouraged to conduct hearings, with priority for those who drafted or contributed to the underlying motion/response.
The Court strongly encourages litigants to be mindful of opportunities for young lawyers (i.e., lawyers practicing for fewer than seven (7) years) to conduct hearings before the Court, particularly when the young lawyer drafted or contributed significantly to the underlying motion or response. The Court believes that it is crucial to provide substantive speaking opportunities to young lawyers and that the benefits of doing so will accrue to young lawyers, to clients, and to the profession generally. Thus, the Court encourages all lawyers practicing before it to keep this goal in mind.
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Page 4 | A. GENERAL PROCEDURES 7. Young Lawyers