Court Rules
Judge

Judge Ewing Werlein, Jr.

Individual Rules, Standing Orders & Policies

Southern District of Texas

Limits & Logistics

Document Limits

Brief
25 pgs

Communication

Phone

Clerk

713-250-5500
Status Inquiries
Phone

Chambers

No status inquiries
Letter via ECF

Clerk

Scheduling
Letter via ECF

Chambers

Emergencies
Email

Clerk

Scheduling
Filters:AllMandatoryImportantMemorandaExhibitsJuryDiscoveryJPTOEvidence/WitnessesSettlementConferences

Page & Word Limits1 rule

Page LimitsCivil cases

The quote is in the court's document. The summary is not checked yet.Mandatory?

Without leave of Court any brief or memorandum shall be limited to 25 pages.

Summary: Without leave of Court, any brief or memorandum is limited to 25 pages.

Brief

25 pages

ew · p. 4
|SecBRIEFS

Document Filing Requirements24 rules

Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

Counsel requiring exhibit authentication must notify offering counsel in writing within five business days after the exhibit is made available, or authenticity is admitted.

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

Document Type

Exhibit Authentication Notice

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

Exhibits listed in the final pretrial order will be admitted unless opposing counsel files written objections with authorities at least three business days before trial.

The Court will admit all exhibits listed in the final pretrial order into evidence unless opposing counsel files written objections with authorities at least three business days before trial.

Document Type

Exhibit Objection

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

Each counsel must attach two copies of an exhibit list in the Attachment A or similar form to the joint pretrial order and make the exhibits available for opposing counsel’s examination.

Each counsel will attach to this joint pretrial order two copies of a list (in the form shown by Attachment A or a similar form) of all exhibits to be offered and will make all such exhibits available for examination by opposing counsel.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

Each counsel must attach two copies of a witness-name-only list to the joint pretrial order for Court personnel.

Each counsel will also attach to the joint pretrial order two copies of a list of witnesses' names only for use by Court personnel.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

The offering party must mark its exhibits before trial and place the party’s name, case number, and exhibit number on each exhibit.

The offering party will mark his own exhibits prior to trial and include the party's name, case number, and exhibit number on each exhibit to be offered.

Document Type

Exhibit

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

The trial paragraph must state whether the trial is jury or non-jury, its probable length, and witness availability.

Include in this paragraph the following: a. Whether the trial will be Jury or Non-Jury; b. Probable length of trial; and c. Availability of witnesses.

Document Type

Statement Of The Case

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

Nonjury-trial submissions must include proposed findings of fact, proposed conclusions of law, and a memorandum of law.

For a Nonjury trial: a. Proposed Findings of Fact. b. Proposed Conclusions of Law. c. Memorandum of Law.

Document Type

Nonjury Trial Attachments

Specific requirements detailed in rule text.
ewjoint pretrial order · p. 3
|SecAdditional Required Attachments
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

The statement must address exhausted settlement efforts, the current demand and offer, and the likelihood of settlement.

Include a statement that all settlement efforts have been exhausted, the current settlement demand and offer, and whether the case can reasonably be expected to settle.

Document Type

Statement Of The Case

Specific requirements detailed in rule text.
ewjoint pretrial order · p. 3
|SecStatement of the Case
Filing RequirementsCivil cases

Checked against the court's document on Oct 4, 2026Mandatory

Jury-trial submissions must include duplicate copies of proposed jury instructions, definitions, interrogatories, and a memorandum of law; each requested instruction, definition, and interrogatory must be numbered, on a separate sheet, and supported by cited authority.

For Jury Trials include the following IN DUPLICATE: a. Proposed jury instructions, definitions, and interrogatories. Each requested instruction, definition, and interrogatory must be numbered and presented on a separate sheet of paper with the citation and authority upon which counsel rely. b. Memorandum of Law.

Document Type

Jury Trial Attachments

Specific requirements detailed in rule text.
ewjoint pretrial order · p. 3
|SecAdditional Required Attachments
Filing RequirementsCivil cases

The quote is in the court's document. The summary is not checked yet.Mandatory?

all requests for extensions of deadlines for completion of discovery or for postponement of the trial [must] be signed by the attorney and the party making the request.

Summary: Requests for extensions of discovery deadlines or postponement of trial must be signed by both the attorney and the party making the request.

Document Type

Continuance Request

Specific requirements detailed in rule text.
ew · p. 3
|SecCONTINUANCES
Filing RequirementsCivil cases

The quote is in the court's document. The summary is not checked yet.Mandatory?

The Court will not hear discovery motions unless moving counsel advises the Court, in the motion, that counsel have conferred in a good faith effort to resolve the matters in dispute but are unable to reach an agreement. The statement shall recite the date, time, and place of such conferences, and the names of all parties participating therein. If counsel has been unable to confer because of unavailability or unwillingness of opposing counsel to do so, the statement shall recite the facts concerning attempts to confer.

Summary: The Court will not hear discovery motions unless the motion includes a statement that counsel conferred in good faith, reciting the date, time, place, and participants, or the facts of attempted conferral.

Document Type

Discovery Motion

Content & Formatting
Certificate Of Conference
ew · p. 4
|SecMOTION PRACTICE
Filing RequirementsCivil cases

The quote is in the court's document. The summary is not checked yet.Important?

Any brief or memorandum that has more than 10 pages of argument must contain the following items. All briefs and memoranda must contain items (3), (4), (6), and (7). (1) A table of contents setting forth the page number of each section, including all headings designated in the body of the brief or memorandum.

Summary: Briefs or memoranda with more than 10 pages of argument must include a table of contents with page numbers for each section and heading.

Document Type

Brief

Content & Formatting
Table Of Contents
ew · p. 4
|SecBRIEFS
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

Briefly set out why the Court has full and complete jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state the problem.

Summary: The Jurisdiction section must explain the basis for subject-matter and personal jurisdiction and identify any unresolved jurisdictional question.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

Give a brief statement of the case for the information of the Court and/or which the Court may read to the jury panel to see if the panel is acquainted with the facts of or parties to the case. Include names, dates and places.

Summary: The Statement of the Case must briefly describe the case and include names, dates, and places.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
ewjoint pretrial order · p. 1
|SecStatement of the Case
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

List each party, its counsel, and counsel's address and telephone number in separate paragraphs.

Summary: The Appearance of Counsel section must list each party, counsel, and counsel’s address and telephone number in separate paragraphs.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
ewjoint pretrial order · p. 1
|SecAppearance of Counsel
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

State concisely in separate paragraphs what each party claims.

Summary: The Contentions of the Parties section must concisely state each party’s claims in separate paragraphs.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
ewjoint pretrial order · p. 1
|SecContentions of the Parties
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

Identify any pending motions.

Summary: The Motion section must identify any pending motions.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

Delineate the legal propositions not in dispute.

Summary: The Agreed Applicable Propositions of Law section must identify the legal propositions that are not disputed.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
ewjoint pretrial order · p. 2
|SecAgreed Applicable Propositions of Law
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

State briefly the issues of law in dispute. A memorandum of authorities should be filed which addresses these issues.

Summary: The contested-law section must briefly identify disputed legal issues, and a memorandum of authorities should be filed addressing them.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
ewjoint pretrial order · p. 2
|SecContested Propositions of Law
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

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

Summary: Newly identified trial witnesses’ names, addresses, and testimony subject matter must be reported to opposing counsel as soon as known, except for rebuttal or impeachment witnesses whose need could not reasonably have been anticipated before trial.

Document Type

Witness Notice

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

List all facts which have been stipulated and admitted and require no proof.

Summary: The Admissions of Fact section must list stipulated and admitted facts that require no proof.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
ewjoint pretrial order · p. 2
|SecAdmissions of Fact
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

List all factual issues in controversy necessary to the final disposition of this case.

Summary: The Contested Issues of Fact section must list all disputed factual issues necessary to the case’s final disposition.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
ewjoint pretrial order · p. 2
|SecContested Issues of Fact
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

List the names and addresses of witnesses who will or may be called and include a brief statement of the subject matter and substance of their testimony. If a witness is to appear by deposition, cite the inclusive pages and lines to be read. Objectinos to those portions (citing pages and lines) with supporting authority must be filed at least three business days before trial.

Summary: The Witnesses section must provide witness names and addresses, testimony summaries, and deposition page-and-line citations; objections to deposition portions with supporting authority must be filed at least three business days before trial.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Important?

This rule does not apply to rebuttal exhibits which cannot be anticipated.

Summary: The exhibit-list and availability requirement does not apply to rebuttal exhibits that cannot be anticipated.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.

Filing & Service rules

Filing Timing and Cure Windows

Instruments filed within seven days before docket call will not be considered at docket call.

No instrument filed within 7 days before the at 4:00 p.m. Docket Call will be considered at Docket Call.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 1 | AMENDED DOCKET CONTROL ORDER

Service and Proof of Service Rules

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.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 1 | AMENDED DOCKET CONTROL ORDER

Pre-Motion Conference Requirements

Applications for restraining orders or immediate relief must be made through the Case Manager and require an in-chambers conference; ex parte applications are not entertained unless Rule 65(b) is satisfied.

Applications for restraining orders or for other immediate relief shall be made through the Case Manager. Such applications shall be presented to the Court by the Case Manager following counsel's affirmation that the opposing party has been contacted and that both parties can be available for an in-chambers conference before the Court. Ex parte applications for restraining orders will not be entertained by the Court unless the requirements of Fed. R. Civ. P. 65(b) have been satisfied.

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 2 | 2. EMERGENCIES

Adjournment & Extension Requirements

Motions for extension of discovery must be filed far enough in advance of the deadline to allow opposing counsel to respond before the deadline.

Motions for extension of discovery must be filed far enough in advance of the deadline so that opposing counsel may respond prior to the deadline.

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 4 | MOTION PRACTICE

Joint motions for continuance are not binding and are granted only at the Court's discretion.

Joint motions for continuance are not binding, and they will be granted only at the Court's discretion.

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 3 | CONTINUANCES

The motion submission date may be extended by agreement of counsel unless it violates a court-imposed deadline, and the Case Manager must be notified in writing.

The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Counsel should immediately notify the Case Manager, in writing of such an agreement.

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 4 | MOTION PRACTICE

Motions for extension of deadlines or cut-off dates are not treated as emergencies.

Motions for extension of deadlines or cut-off dates are not emergencies.

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 2 | 2. EMERGENCIES

Bona fide vacation requests will be respected.

Bona fide vacation requests will be respected.

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 3 | CONTINUANCES

Chambers Communication Rules

Substantive issues must not be raised in letter form because letters are not docketed or included in the appellate record.

Do not address substantive issues in letter form because they are not docketed or included in the appellate record.

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 2 | 1. CONTACT WITH COURT PERSONNEL

Case-related telephone inquiries must be directed only to the Case Manager, not to the Court's secretary or law clerk.

Case-related telephone inquiries should be made only to the Case Manager. Inquiries should not be made to the Court's secretary or law clerk.

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 2 | 1. CONTACT WITH COURT PERSONNEL

Case-related correspondence must be addressed to the United States District Clerk at the specified Houston address.

Case related correspondence must be addressed to: United States District Clerk Post Office Box 61010 Houston, Texas 77208

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 2 | 1. CONTACT WITH COURT PERSONNEL

Counsel must immediately notify the Case Manager of the resolution of any matter set for trial or hearing.

Counsel will notify the Case Manager immediately of the resolution of any matter that is set for trial or hearing.

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 3 | APPEARANCES

The Case Manager will not respond to casual telephone inquiries about motions and case status.

The case load will not allow the Case Manager to respond to casual telephone inquiries about motions and case status generally.

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 2 | 1. CONTACT WITH COURT PERSONNEL

Copies of urgent documents, including letters, may be sent to chambers.

Copies of urgent documents (including letters) may be sent to chambers.

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 2 | 1. CONTACT WITH COURT PERSONNEL

Information about filings, orders, and docket entries may be obtained from the Clerk's Office at 713-250-5500 or the Court's website.

Information about the filing of documents, entry of orders, or docket entries may be obtained from the Clerk's Office at 713-250-5500 or from the Court's website at www.txs.uscourts.gov.

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 2 | 1. CONTACT WITH COURT PERSONNEL

Law clerks may contact counsel at the Court's direction but will only discuss the subject of the call.

At the Court's direction, law clerks may contact counsel; however, they will not discuss matters other than the subject of the call.

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 2 | 1. CONTACT WITH COURT PERSONNEL

Out-of-town counsel seeking to appear by telephone must submit a written request to the Case Manager as far in advance as reasonably possible.

If out-of-town counsel desire to appear by telephone, a written request should be made to the Case Manager as far as reasonably possible in advance of the conference.

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 3 | APPEARANCES

About United States District Judge Ewing Werlein, Jr.

**Senior United States District Judge Ewing Werlein, Jr.** was appointed to the Southern District of Texas by President George H.W. Bush in 1992, assuming senior status on January 1, 2006. Born September 14, 1936, Judge Werlein received his Bachelor of Arts from Southern Methodist University in 1958 and his Bachelor of Laws from the University of Texas School of Law in 1961. He entered private practice in Houston in 1961, then served as a first lieutenant Judge Advocate in the United States Air Force Judge Advocate General Corps from 1961 to 1964, continuing as a U.S. Air Force Reserve captain from 1964 to 1971. He returned to private practice in Houston from 1964 until his federal appointment in 1992. **Education** - University of Texas School of Law, LL.B., 1961 - Southern Methodist University, B.A., 1958 **Career** - Senior United States District Judge, Southern District of Texas, Houston Division (1992–present; senior status 2006) - Private practice, Houston (1964–1992) - First Lieutenant, U.S. Air Force Judge Advocate General Corps (1961–1964) - U.S. Air Force Reserve Captain (1964–1971) - Private practice, Houston (1961)

**Division:** Houston **Courthouse:** Bob Casey United States Courthouse, 515 Rusk Street, Houston, Texas 77002 **Phone:** (713) 250-5533 **Chambers Staff** - Case Manager: Marilyn Flores, (713) 250-5533

Common questions about Judge Ewing Werlein, Jr.'s rules

Does Judge Ewing Werlein, Jr. require a pre-motion conference or letter before filing a motion?

Judge Ewing Werlein, Jr.'s rules set a pre-motion procedure for tro and preliminary injunction. Applications for restraining orders or immediate relief must be made through the Case Manager and require an in-chambers conference; ex parte applications are not entertained unless Rule 65(b) is satisfied.

View ruleSource: page 2, section 2. EMERGENCIES

What page or word limits apply to brief before Judge Ewing Werlein, Jr.?

Judge Ewing Werlein, Jr.'s rule states these limits: 25 pages. Without leave of Court, any brief or memorandum is limited to 25 pages.

View ruleSource: page 4, section BRIEFS

What must be included with joint pretrial order filings before Judge Ewing Werlein, Jr.?

The rule identifies required filing content or certificates. The Appearance of Counsel section must list each party, counsel, and counsel’s address and telephone number in separate paragraphs.

View ruleSource: page 1, section Appearance of Counsel

What must be included with exhibit authentication notice filings before Judge Ewing Werlein, Jr.?

The rule identifies required filing content or certificates. Counsel requiring exhibit authentication must notify offering counsel in writing within five business days after the exhibit is made available, or authenticity is admitted.

View ruleSource: page 2, section Exhibits

How may parties contact Judge Ewing Werlein, Jr.'s chambers?

The rule addresses phone communications with Judge Ewing Werlein, Jr.'s chambers. Case-related telephone inquiries must be directed only to the Case Manager, not to the Court's secretary or law clerk.

View ruleSource: page 2, section 1. CONTACT WITH COURT PERSONNEL

How do I request an adjournment or extension before Judge Ewing Werlein, Jr.?

Advance notice is not fully stated in the structured details. Motions for extension of discovery must be filed far enough in advance of the deadline to allow opposing counsel to respond before the deadline.

View ruleSource: page 4, section MOTION PRACTICE

What filing deadlines does Judge Ewing Werlein, Jr. set?

Instruments filed within seven days before docket call will not be considered at docket call.

View ruleSource: page 1, section AMENDED DOCKET CONTROL ORDER

What service or proof of service rules apply before Judge Ewing Werlein, Jr.?

The rule addresses service method, recipient, or timing requirements. The attorney adding new parties must provide them with copies of the order.

View ruleSource: page 1, section AMENDED DOCKET CONTROL ORDER
Complete rules summary for Judge Ewing Werlein, Jr.

The Appearance of Counsel section must list each party, counsel, and counsel’s address and telephone number in separate paragraphs.

The Statement of the Case must briefly describe the case and include names, dates, and places.

The Jurisdiction section must explain the basis for subject-matter and personal jurisdiction and identify any unresolved jurisdictional question.

The Motion section must identify any pending motions.

The Contentions of the Parties section must concisely state each party’s claims in separate paragraphs.

The Admissions of Fact section must list stipulated and admitted facts that require no proof.

The Contested Issues of Fact section must list all disputed factual issues necessary to the case’s final disposition.

The Agreed Applicable Propositions of Law section must identify the legal propositions that are not disputed.

The contested-law section must briefly identify disputed legal issues, and a memorandum of authorities should be filed addressing them.

Each counsel must attach two copies of an exhibit list in the Attachment A or similar form to the joint pretrial order and make the exhibits available for opposing counsel’s examination.

The exhibit-list and availability requirement does not apply to rebuttal exhibits that cannot be anticipated.

Counsel requiring exhibit authentication must notify offering counsel in writing within five business days after the exhibit is made available, or authenticity is admitted.

Exhibits listed in the final pretrial order will be admitted unless opposing counsel files written objections with authorities at least three business days before trial.

The offering party must mark its exhibits before trial and place the party’s name, case number, and exhibit number on each exhibit.

The Witnesses section must provide witness names and addresses, testimony summaries, and deposition page-and-line citations; objections to deposition portions with supporting authority must be filed at least three business days before trial.

Each counsel must attach two copies of a witness-name-only list to the joint pretrial order for Court personnel.

Newly identified trial witnesses’ names, addresses, and testimony subject matter must be reported to opposing counsel as soon as known, except for rebuttal or impeachment witnesses whose need could not reasonably have been anticipated before trial.

The statement must address exhausted settlement efforts, the current demand and offer, and the likelihood of settlement.

The trial paragraph must state whether the trial is jury or non-jury, its probable length, and witness availability.

Jury-trial submissions must include duplicate copies of proposed jury instructions, definitions, interrogatories, and a memorandum of law; each requested instruction, definition, and interrogatory must be numbered, on a separate sheet, and supported by cited authority.

Nonjury-trial submissions must include proposed findings of fact, proposed conclusions of law, and a memorandum of law.

Case-related telephone inquiries must be directed only to the Case Manager, not to the Court's secretary or law clerk.

The Case Manager will not respond to casual telephone inquiries about motions and case status.

Information about filings, orders, and docket entries may be obtained from the Clerk's Office at 713-250-5500 or the Court's website.

Law clerks may contact counsel at the Court's direction but will only discuss the subject of the call.

Case-related correspondence must be addressed to the United States District Clerk at the specified Houston address.

Substantive issues must not be raised in letter form because letters are not docketed or included in the appellate record.

Copies of urgent documents, including letters, may be sent to chambers.

Applications for restraining orders or immediate relief must be made through the Case Manager and require an in-chambers conference; ex parte applications are not entertained unless Rule 65(b) is satisfied.

Motions for extension of deadlines or cut-off dates are not treated as emergencies.

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