Court Rules
Judge

Judge Fernando Rodriguez, Jr.

Individual Rules, Standing Orders & Policies

Rules last changed:
Southern District of Texas

Limits & Logistics

Document Limits

Brief
30 pgs

Courtesy Copies

Urgent Document

  • Simultaneously With Filing

Adjournments

  • Extension requests for scheduling order deadlines should be made before the deadline expires; late requests are disfavored.
  • Continuances of trial dates are only granted for extraordinary circumstances; joint motions are not binding, and witness unavailability is not grounds.
  • Counsel may agree to extend discovery deadlines without court intervention; court will not grant discovery continuances for post-deadline discovered information absent exceptional circumstances.

Request must include

Reason For Request

Communication

Email

Clerk

balvina_espinoza@txs.uscourts.gov
Status Inquiries
Phone

Clerk

(956) 548-2500
Emergencies
No status inquiries
Letter via ECF

Clerk

Status Inquiries
Cases:
Filters:AllMandatoryFormattingExhibitsMemorandaTRO/InjunctionJuryJPTOEvidence/WitnessesConferencesECF Filing

Page & Word Limits2 rules

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

A party shall obtain leave of the Court to file a brief and legal memoranda that exceeds 30 pages, excluding exhibits.

Summary: Briefs and legal memoranda are limited to 30 pages excluding exhibits; leave of court required to exceed.

Brief

30 pages

Applies to: Attorney

F Rodriguez Civil Local Rules · p. 3
|SecMOTION PRACTICE AND BRIEFS
Page LimitsCriminal cases

Machine summary. Not checked yet.Mandatory?

Briefs and legal memoranda shall be limited to 20 pages, unless permitted by the Court to exceed this limit.

Summary: Briefs and legal memoranda limited to 20 pages, unless court permits extension.

Brief

20 pages

Applies to: Attorney

Document Format Requirements11 rules

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

Counsel for each party is required to provide the Court with a copy of that party's exhibits in a properly tabbed and indexed notebook.

Summary: Exhibit copies provided to the Court must be formatted in a properly tabbed and indexed notebook.

Layout & Binding
Binding Style
Tabbed Three Ring
FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

Parties must mark their exhibits to include the date and case number on each.

Summary: All exhibits must be marked with the date and case number.

F Rodriguez Civil Local Rules · p. 12
|SecREQUIRED CONTENTS OF THE JOINT PRETRIAL ORDER
FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

On a form like the one provided by the Clerk of the Court, each party will attach four lists of all exhibits expected to be offered and will make the exhibits available for opposing counsel’s examination. See sample at Appendix D-1.

Summary: Joint Pretrial Order must include four lists of expected exhibits per party on the Clerk of Court’s provided form.

F Rodriguez Civil Local Rules · p. 12
|SecREQUIRED CONTENTS OF THE JOINT PRETRIAL ORDER
FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

On a form similar to the one provided by the Clerk of the Court, each party will attach four lists with the names and addresses of witnesses who may be called with a brief statement of the nature of their testimony. See sample at Appendix D-2.

Summary: Witness lists must be on a form similar to the Clerk's provided form, include required witness details, and follow Appendix D-2 sample.

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

BROWNSVILLE DIVISION CIVIL ACTION NO. B- V. EXHIBIT LIST LIST OF: TYPE OF HEARING: JUDGE: CLERK: REPORTER: FERNANDO RODRIGUEZ, JR. BALVINA ESPINOZA SHEILA PERALES N O. DESCRIPTION OFR OBJ ADM DATE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. APPENDIX “D-1”

Summary: Exhibit lists must be filed on Appendix D-1 form with specified header information and columns for exhibit details.

F Rodriguez Civil Local Rules · p. 14
|SecAPPENDIX D-1 EXHIBIT LIST
FormattingCriminal cases

Machine summary. Not checked yet.Mandatory?

The Southern District of Texas requires the electronic filing of all pleadings. This reduces the burden on the District Clerk’s Office and increases the efficiency of the Court. Generally, all pleadings in this District must be filed through the Electronic Case Filing System (ECF).

Summary: All pleadings must be filed electronically through the ECF system.

FormattingCriminal cases

Machine summary. Not checked yet.Mandatory?

Applications for restraining orders or other applications for immediate relief must be made through the District Clerk’s office: U.S. District Clerk’s Office 600 E. Harrison Street, Suite 101 Brownsville, Texas 78520 (956) 548-2500

Summary: Applications for restraining orders or immediate relief must be filed through the District Clerk’s office at the specified address and phone number.

FormattingCriminal cases

Machine summary. Not checked yet.Mandatory?

Leave of Court is required for the filing of over-sized or irregularly shaped documents which are not capable of being readily imaged by court personnel and equipment. Such documents should be filed electronically when possible.

Summary: Leave of Court required for filing over-sized/irregular documents not readily imaged; electronic filing preferred.

FormattingCriminal cases

Machine summary. Not checked yet.Mandatory?

Leave of Court is required for the conventional filing of documents printed on both sides. Such documents should be filed electronically when possible.

Summary: Leave of Court required for conventional filing of double-sided documents; electronic filing preferred.

FormattingCriminal cases

Machine summary. Not checked yet.Mandatory?

Leave of Court is required for the conventional filing of documents greater than 50 pages in length. Such documents should be filed electronically when possible.

Summary: Leave of Court required for conventional filing of documents over 50 pages; electronic filing preferred.

Applies When:Page Threshold > 50
FormattingCriminal cases

Machine summary. Not checked yet.Mandatory?

Prior to the Final Pretrial Conference, the offering party will mark each exhibit to be offered with the party's identity, case number, and exhibit copy of that party's exhibits in a properly tabbed and indexed notebook.

Summary: Exhibits must be marked with party identity, case number, and exhibit number prior to Final Pretrial Conference.

Document Filing Requirements33 rules

Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

A. On a form similar to the one provided by the Clerk of Court, each party will attach four lists of all exhibits expected to be offered and will make the exhibits available for examination by opposing counsel. See sample at Appendix D-1. All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated.

Summary: Joint Pretrial Order must include a list of all exhibits expected to be offered.

Document Type

Joint Pretrial Order

Content & Formatting
Exhibit List
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Contested Propositions of Law. State briefly the unresolved questions of law, with authorities to support each.

Summary: Joint Pretrial Order must include unresolved legal questions with supporting authorities.

Document Type

Joint Pretrial Order

Content & Formatting
Legal Argument
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Parties must mark their exhibits to include the date and case number on each.

Summary: Exhibits must be marked with the date and case number on each.

Document Type

Exhibit

Content & Formatting
Case Number
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Statement of the Case. Give a brief statement of the case, one that the Court can read to the jury panel for an introduction of the facts and parties; include names, dates, and places.

Summary: Joint Pretrial Order must include a brief statement of the case (statement of facts).

Document Type

Joint Pretrial Order

Content & Formatting
Statement Of Facts
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Each party must file as a separate document (captioned, signed by counsel, and with service certified) these required attachments in duplicate.

Summary: Required attachments must be captioned and include a certificate of service.

Document Type

Attachment

Content & Formatting
Caption
Certificate Of Service
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

At least 3 business days before the Initial Pretrial Conference, counsel must file a Joint Discovery and Case Management Plan, using the form Appendix C (sample Joint Discovery and Case Management Plan).

Summary: Counsel must file a Joint Discovery and Case Management Plan using Appendix C form at least 3 business days before the Initial Pretrial Conference.

Document Type

Joint Discovery And Case Management Plan

Specific requirements detailed in rule text.
F Rodriguez Civil Local Rules · p. 3
|SecINITIAL PRETRIAL CONFERENCE AND SCHEDULING CONFERENCES
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

A movant unable to comply with L.R. 7.1(D) shall describe in the Certificate of Conference the efforts made to confer with the opposing party(ies).

Summary: Motions must include a Certificate of Conference detailing efforts to confer if unable to comply with L.R. 7.1(D).

Document Type

Motion

Content & Formatting
Certificate Of Conference
F Rodriguez Civil Local Rules · p. 3
|SecMOTION PRACTICE AND BRIEFS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

References to evidence in support of or in opposition to a motion must be specific, citing page and line numbers for depositions, or page and paragraph number for any other type of exhibit.

Summary: Evidence references in briefs must cite specific page/line or page/paragraph numbers.

Document Type

Brief

Specific requirements detailed in rule text.
F Rodriguez Civil Local Rules · p. 4
|SecMOTION PRACTICE AND BRIEFS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

of the Issue(s), which consists of a brief statement summarizing the issue(s) before the Court, with the standard of review and supporting authority for each issue.

Summary: Briefs must include a Statement of the Issue(s) summarizing each issue, standard of review, and supporting authority.

Document Type

Brief

Specific requirements detailed in rule text.
F Rodriguez Civil Local Rules · p. 4
|SecMOTION PRACTICE AND BRIEFS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Any brief or memorandum with more than ten pages of argument must also contain the following: • Table of Contents • Table of Authorities • Summary of the Argument • Relief Sought: A short recitation of the precise relief requested

Summary: Briefs or memoranda with over 10 pages of argument must include Table of Contents, Table of Authorities, Summary of Argument, and Relief Sought.

Document Type

Brief

Content & Formatting
Table Of Authorities
Table Of Contents
F Rodriguez Civil Local Rules · p. 4
|SecMOTION PRACTICE AND BRIEFS
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Prior to the Final Pretrial Conference, the offering party will mark each exhibit to be offered with the party's identity, case number, and exhibit number.

Summary: Exhibits must be marked with party identity, case number, and exhibit number prior to the Final Pretrial Conference.

Document Type

Exhibit

Content & Formatting
Case Number
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

A party offering an exhibit that is not easily stored in a file folder (such as posters or tangible objects) must also provide a photograph or digital reproduction of the exhibit.

Summary: Parties offering exhibits not easily stored in a file folder must provide a photograph or digital reproduction.

Document Type

Exhibit

Specific requirements detailed in rule text.
F Rodriguez Civil Local Rules · p. 5
|SecK. Disposition of Exhibits Following Trial
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

A party using videotaped depositions must edit the video to incorporate the Court’s rulings on objections.

Summary: Parties using videotaped depositions at trial must edit the video to include the Court’s rulings on objections.

Document Type

Videotaped Deposition

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Upon the settlement of any case, counsel shall file a Stipulation of Dismissal under Federal Rule of Civil Procedure 41, or a Joint Notice informing the Court of the settlement and an estimated time for the parties to submit appropriate dismissal documents.

Summary: Upon settlement, counsel must file a Stipulation of Dismissal under FRCP 41.

Document Type

Stipulation Of Dismissal

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

At least three business days before the Initial Pretrial Conference, counsel must file a Joint Discovery and Case Management Plan, pursuant to Federal Rule of Civil Procedure 26(f).

Summary: Counsel must file a Joint Discovery and Case Management Plan at least three business days before the Initial Pretrial Conference.

Document Type

Joint Discovery Case Management Plan

Specific requirements detailed in rule text.
F Rodriguez Civil Local Rules · p. 8
|SecOrder Setting Initial Pretrial Conference
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Within 15 days of receiving this order, counsel must file a list of all entities that are financially interested in this litigation, including parent, subsidiary, and affiliated corporations, as well as all known attorneys of record. When a group description is effective disclosure, an individual listing is not necessary. Underline the names of corporations with publicly traded securities. Counsel must promptly amend the list when parties are added or additional interested parties are identified.

Summary: Counsel must file a list of financially interested entities within 15 days of receiving this order and amend it promptly when changes occur.

Document Type

Interested Party List

Specific requirements detailed in rule text.
F Rodriguez Civil Local Rules · p. 8
|SecOrder Setting Initial Pretrial Conference
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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).

Summary: Plaintiff must file proof of service within 90 days of filing the complaint, with failure leading to possible dismissal.

Document Type

Proof Of Service

Content & Formatting
Certificate Of Service
F Rodriguez Civil Local Rules · p. 8
|SecOrder Setting Initial Pretrial Conference
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

REQUIRED CONTENTS OF THE JOINT PRETRIAL ORDER 1. Appearance of Counsel. List each party, its counsel, and counsel’s address and telephone number in separate paragraphs. 2. Statement of the Case. Give a brief statement of the case that the Court can read to the jury panel for an introduction of the facts and parties; include names, dates, and places. 3. Jurisdiction. Briefly specify the basis for the Court’s jurisdiction of the subject matter and the parties. If an unresolved jurisdictional question exists, state it. 4. Motions. List pending motions. 5. Contentions of the Parties. State concisely in separate paragraphs each party’s claims. 6. Admissions of Fact. List all facts that require no proof. 7. Contested Issues of Fact. List all material facts in bona fide controversy. 8. Agreed Propositions of Law. List the legal propositions that are not in dispute. 9. Contested Propositions of Law. State briefly the unresolved questions of law, with authorities to support each. 10. Exhibits.

Summary: Joint Pretrial Order must include required sections for Appearance of Counsel, Statement of the Case, Jurisdiction, Motions, Contentions of Parties, Admissions of Fact, Contested Issues of Fact, Agreed Propositions of Law, Contested Propositions of Law, and Exhibits.

Document Type

Joint Pretrial Order

Content & Formatting
Exhibit List
Statement Of Facts
Legal Argument
F Rodriguez Civil Local Rules · p. 12
|SecREQUIRED CONTENTS OF THE JOINT PRETRIAL ORDER
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Trial. State estimated length of trial and logistical problems, including availability of witnesses, out-of-state people, bulky exhibits, and documentation.

Summary: Pretrial filings must state estimated trial length and logistical issues including witness availability, out-of-state participants, bulky exhibits, and documentation.

Document Type

Pretrial Conference Statement

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Settlements. State that all settlement efforts have been exhausted and that the case will have to be tried.

Summary: Pretrial filings must state that all settlement efforts are exhausted and the case must proceed to trial.

Document Type

Pretrial Conference Statement

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

For a Jury Trial: (1) Proposed questions for the voir dire examination (2) Proposed charge, including instructions, definitions, and special interrogatories, with authority

Summary: Jury trial attachments must include proposed voir dire questions and proposed charge with instructions, definitions, special interrogatories, and supporting authority.

Document Type

Jury Trial Attachment

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

On a form similar to the one provided by the Clerk of the Court, each party will attach four lists with the names and addresses of witnesses who may be called with a brief statement of the nature of their testimony. See sample at Appendix D-2.

Summary: Witness lists must include names, addresses, and brief statement of testimony nature for each potential witness.

Document Type

Witness List

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Each party must file as a separate document (captioned, signed by counsel, and with service certified) these required attachments in duplicate.

Summary: Required trial attachments must be filed as separate, captioned, service-certified documents in duplicate.

Document Type

Trial Attachment

Content & Formatting
Caption
Certificate Of Service
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

For a Non-Jury Trial: (1) Proposed findings of fact with agreed and contested ones separated (2) Conclusions of law with authority

Summary: Non-jury trial attachments must include proposed findings of fact (separated into agreed and contested) and conclusions of law with authority.

Document Type

Non Jury Trial Attachment

Specific requirements detailed in rule text.
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

Do not address substantive issues in letter form addressed to the Court because they may not be docketed or included in the appellate record.

Summary: Substantive issues must not be addressed in letter correspondence to the Court, as such letters are not docketed.

Document Type

Correspondence

Specific requirements detailed in rule text.
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

Briefs must be filed together with or incorporated within a motion, response or reply.

Summary: Briefs must be filed with or incorporated into a motion, response, or reply.

Document Type

Brief

Specific requirements detailed in rule text.
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

All briefs and memoranda exceeding five pages must contain an initial Statement of the Issues, which consists of a brief statement highlighting the issues before the Court, with the standard of review and supporting authority for each issue.

Summary: Briefs/memoranda over 5 pages must include Statement of the Issues with standard of review and authority.

Document Type

Brief

Specific requirements detailed in rule text.
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

Any brief or memorandum with more than 10 pages of argument must also contain the following: Table of Contents, Table of Authorities, Summary of the Argument, Relief Sought: a short recitation of the precise relief requested.

Summary: Briefs/memoranda with over 10 pages of argument must include TOC, TOA, Summary of Argument, and Relief Sought.

Document Type

Brief

Content & Formatting
Table Of Authorities
Table Of Contents
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

Upon a defendant entering a plea of guilty or nolo contendere in front of a Magistrate Judge, the Court will adopt the Magistrate Judge’s Report and Recommendation and “accept” the defendant’s guilty plea, unless: (1) the defendant timely files within 14 days from the plea hearing a written motion pursuant to Federal Rules of Criminal Procedure 11(d)(1); or (2) the defendant timely files written objections within 14 days from the date of execution of the Magistrate Judge’s Report and Recommendation. It is the defendant’s responsibility to schedule a hearing within 30 days from the filing of either pleading. In the event a defendant does not timely exercise either of the above referenced options, the sole basis for withdrawal of a guilty or nolo contendere plea would be the demonstration of a fair and just reason pursuant to Federal Rules of Criminal Procedure 11(d)(2)(B).

Summary: Defendant has 14 days to file Rule 11 motion or objections to Magistrate Report; hearing must be scheduled within 30 days of filing; untimely filing limits plea withdrawal to Rule 11(d)(2)(B).

Document Type

Motion

Specific requirements detailed in rule text.
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

References to evidence in support of or in opposition to a motion must be specific, citing page and line numbers for depositions, or page and paragraph number for any other type of exhibit.

Summary: Evidence references in motions must cite specific page/line (depositions) or page/paragraph (other exhibits).

Document Type

Motion

Specific requirements detailed in rule text.
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

Objections to the Presentence Investigation Report must be filed within 14 days after receipt of the Presentence Investigation Report. Failure to timely object may waive counsel’s right to formally object to the Presentence Investigation Report at the sentencing hearing.

Summary: PSI Report objections due 14 days after receipt; untimely filing waives objection right at sentencing.

Document Type

Objection

Specific requirements detailed in rule text.
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

At least 10 days before trial, counsel must file proposed voir dire questions and proposed jury instructions.

Summary: Counsel must file proposed voir dire questions at least 10 days before trial.

Document Type

Proposed Voir Dire Questions

Specific requirements detailed in rule text.
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

Counsel will provide supporting authority for each proposed jury instruction, using the Fifth Circuit Pattern Jury Instructions, as modified by case law or statutory amendments, when possible, and identifying any deviations with legal authority for the proposed deviations.

Summary: Proposed jury instructions must include supporting authority, use Fifth Circuit Pattern Jury Instructions, and identify deviations with legal authority.

Document Type

Proposed Jury Instructions

Specific requirements detailed in rule text.

Filing & Service rules

Service and Proof of Service Rules

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

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

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

Page 1 | Order Setting Initial Pretrial Conference

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

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

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 1 | Order Setting Initial Pretrial Conference

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

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

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 1 | Order Setting Initial Pretrial Conference

Courtesy Copy Requirements

Counsel must send a hard copy courtesy copy of emergency motions directly to the Case Manager in addition to electronic filing.

In addition to any filing or electronic filing of emergency motions, counsel shall send a courtesy hard copy of emergency motions directly to the Case Manager so that they quickly reach the Court’s attention.

Machine summary. Not checked yet. · Criminal cases

Page 2 | EMERGENCIES

Courtesy hard copy required for all filings 20+ pages, filed same day as electronic filing to District Clerk's Office.

The parties shall submit a courtesy hard copy to the District Clerk’s Office of all filings, including any attachments, that are 20 pages or longer. Stated differently, any single submission containing a motion, brief, and attachments that together contain a total of 20 pages or more must be filed both electronically and in courtesy hard copy directly to the District Clerk’s Office. Both the courtesy hard copy and the electronic filing must be filed on the same day.

Machine summary. Not checked yet. · Criminal cases

Page 3 | ELECTRONIC FILINGS

Courtesy copies of urgent documents may be sent to the Case Manager at the time of filing with the Clerk.

Courtesy copies of urgent documents may be sent to the Case Manager simultaneously with the originals being filed with the Clerk of the Court.

Machine summary. Not checked yet. · Civil cases

Page 2 | CONTACT WITH COURT PERSONNEL

Filing Bundling Requirements

Required attachments must be filed as separate documents, not bundled with the Joint Pretrial Order.

Each party must file as a separate document (captioned, signed by counsel, and with service certified) these required attachments in duplicate.

Machine summary. Not checked yet. · Civil cases

Page 2 | Attachments

Briefs are required to be filed together with or incorporated within a motion, response, or reply.

Briefs must be filed together with or incorporated within a motion, response, or reply.

Machine summary. Not checked yet. · Civil cases

Page 3 | MOTION PRACTICE AND BRIEFS

Counsel must provide the Court with a tabbed and indexed notebook copy of their exhibits prior to the Final Pretrial Conference.

Counsel for each party is required to provide the Court with a copy of that party's exhibits in a properly tabbed and indexed notebook.

Machine summary. Not checked yet. · Civil cases

Page 5 | J. Trial Exhibits

Prior to Final Pretrial Conference, offering party must provide copy of exhibits in properly tabbed and indexed notebook.

Prior to the Final Pretrial Conference, the offering party will mark each exhibit to be offered with the party's identity, case number, and exhibit copy of that party's exhibits in a properly tabbed and indexed notebook.

Machine summary. Not checked yet. · Criminal cases

Page 6 | G. Trial Exhibits

Pre-Motion Conference Requirements

Ex parte restraining order applications are only permitted if they meet Federal Rule of Civil Procedure 65(b) requirements.

The Court will not entertain ex parte applications for restraining orders unless the requirements of Fed. R. Civ. P. 65(b) have been satisfied.

Machine summary. Not checked yet. · Civil cases

Page 2 | EMERGENCIES

In settled minor plaintiff cases with no conflict, counsel must jointly move to appoint attorney ad litem for the settlement hearing.

If no conflict of interest exists between the parent(s)/guardian(s) and the minor, and the suit is settled, counsel will jointly move to appoint an attorney ad litem to represent the minor at the settlement hearing.

Machine summary. Not checked yet. · Civil cases

Page 6 | B. Settlement in Cases involving Minor Plaintiffs

In minor plaintiff cases with potential conflict of interest, counsel must jointly move to appoint attorney ad litem prior to mediation or ADR.

If a potential conflict of interest exists between the parent(s)/guardian(s) and the minor, counsel will jointly move to appoint an attorney ad litem prior to any mediation or other Alternative Dispute Resolution procedure.

Machine summary. Not checked yet. · Civil cases

Page 6 | B. Settlement in Cases involving Minor Plaintiffs

Emergency applications are presented to the Court only after counsel confirms the opposing party is contacted and both parties are available for a conference.

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 a conference before the Court.

Machine summary. Not checked yet. · Criminal cases

Page 2 | EMERGENCIES

Responses to opposed motions due 21 days after filing; replies due 10 days after response; no response deemed consent.

Unless the Court orders differently, counsel must respond to an opposed motion within twenty-one days from the date the motion is filed with the District Clerk’s Office. Failure to file a timely response shall be taken as an indication that the opposing party agrees to the motion and the relief requested. If the movant files a reply, it must be filed within ten days after the filing of the response.

Machine summary. Not checked yet. · Criminal cases

Page 3 | MOTION PRACTICE AND BRIEFS

Motions to Dismiss, Sever, and Separate Trial must be specific and filed 30+ days before jury selection.

All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and must be filed at least 30 days before jury selection.

Machine summary. Not checked yet. · Criminal cases

Page 3 | MOTION PRACTICE AND BRIEFS

All pending motions are considered at the Final Pretrial Conference.

All pending motions will be considered at the Final Pretrial Conference.

Machine summary. Not checked yet. · Criminal cases

Page 3 | MOTION PRACTICE AND BRIEFS

Adjournment & Extension Requirements

Continuances of trial dates are only granted for extraordinary circumstances; joint motions are not binding, and witness unavailability is not grounds.

Once the Court sets a date for trial, the Court will grant a continuance only for extraordinary circumstances. Joint motions for continuances are not binding on the Court. Trial will not be continued because of one or more witnesses’ unavailability.

Machine summary. Not checked yet. · Civil cases

Page 2 | EXTENSIONS OF TIME AND CONTINUANCES OF TRIAL SETTINGS

Counsel may agree to extend discovery deadlines without court intervention; court will not grant discovery continuances for post-deadline discovered information absent exceptional circumstances.

Counsel may agree to continue discovery beyond the deadline, but the Court will not intervene. Absent exceptional circumstances, the Court will not grant a continuance because of information acquired in post-deadline discovery.

Machine summary. Not checked yet. · Civil cases

Page 9 | Preliminary Scheduling Order

Joint continuance motions not binding; continuances not granted for witness unavailability, counsel must use depositions/stipulations.

Joint motions for continuances are not binding on the Court. Trial will not be continued because of the unavailability of one or more witnesses. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Machine summary. Not checked yet. · Criminal cases

Page 3 | CONTINUANCES

Continuance motions must include applicable Speedy Trial Act exceptions and requested continuance length.

A Motion for Continuance must set out the relevant exception(s) to the Speedy Trial Act, where applicable, and set out the length of time for which the continuance is requested.

Machine summary. Not checked yet. · Criminal cases

Page 3 | CONTINUANCES

Unopposed/joint continuance motions for sentencing must be presented to Case Manager before hearing.

Unopposed or joint motions for continuance should be presented to the Case Manager prior to the scheduled sentencing hearing.

Machine summary. Not checked yet. · Criminal cases

Page 4 | COURT SETTINGS

Extension requests for scheduling order deadlines should be made before the deadline expires; late requests are disfavored.

A party should present a request for an extension of a deadline in the Scheduling Order before the expiration of the deadline. The Court will look with disfavor upon a request for an extension after the deadline has passed.

Machine summary. Not checked yet. · Civil cases

Page 2 | EXTENSIONS OF TIME AND CONTINUANCES OF TRIAL SETTINGS

Chambers Communication Rules

Applications for restraining orders or other immediate relief must be submitted through the District Clerk’s Office.

Applications for restraining orders or other immediate relief must be made through the District Clerk’s office: United States District Clerk’s Office 600 E. Harrison Street, Suite 101 Brownsville, Texas 78520-7114 (956) 548-2500

Machine summary. Not checked yet. · Civil cases

Page 2 | EMERGENCIES

Counsel must contact the Case Manager upon filing a restraining order or emergency relief application.

Upon filing an application for a restraining order or other emergency relief, counsel shall contact the Case Manager.

Machine summary. Not checked yet. · Civil cases

Page 2 | EMERGENCIES

All case-related correspondence must be addressed to and e-filed with the District Clerk’s Office.

A party’s case-related correspondence must be addressed to and e-filed with: United States District Clerk’s Office 600 East Harrison Street, Suite 101 Brownsville, Texas 78520-7114

Machine summary. Not checked yet. · Civil cases

Page 2 | CONTACT WITH COURT PERSONNEL

Counsel must contact the Case Manager at (956) 548-2756 for matters requiring immediate attention.

Counsel shall contact the Case Manager at (956) 548-2756 for matters requiring immediate attention.

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Page 2 | EMERGENCIES

Case-related correspondence must be e-filed with the United States District Clerk at the specified address.

Case-related correspondence must be addressed to and e-filed with: United States District Clerk 600 East Harrison Street, Suite 101 Brownsville, Texas 78520-7114

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Page 2 | CONTACT WITH COURT PERSONNEL

Case-related inquiries must be sent via email only to the Case Manager, with copies to all opposing counsel and pro se parties.

Case-related inquiries should be made by email only to the Case Manager, with a copy to all opposing counsel and pro se parties.

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Page 2 | CONTACT WITH COURT PERSONNEL

Information on filings, orders, or docket entries must be obtained from CM/ECF or Pacer Systems, not court personnel.

Information about the filing of documents, entry of orders, or docket entries should be obtained from the CM/ECF or Pacer Systems.

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Telephone inquiries to court personnel are only permitted for emergencies.

Telephone inquiries are permitted only in an emergency.

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Page 2 | CONTACT WITH COURT PERSONNEL

Telephone inquiries to the Case Manager are only permitted for emergencies.

Telephone inquiries are permitted only in an emergency.

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Page 2 | CONTACT WITH COURT PERSONNEL

Parties should retrieve filing, order, and docket information from CM/ECF, Pacer, or the District Clerk’s Office.

Parties should obtain information about the filing of documents, entry of orders, or docket entries from the Case Management/Electronic Case Files (CM/ECF) or Pacer systems, or from the District Clerk’s Office.

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Page 2 | CONTACT WITH COURT PERSONNEL

Parties may email case-related inquiries to the Case Manager, must copy all opposing counsel and pro se parties.

Parties may make case-related inquiries by email to the Case Manager, with a copy to all opposing counsel and pro se parties.

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Page 2 | CONTACT WITH COURT PERSONNEL

Law clerks may only discuss the specific subject of their communication with counsel, no other matters.

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

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Page 2 | CONTACT WITH COURT PERSONNEL

About United States District Judge Fernando Rodriguez, Jr.

**United States District Judge Fernando Rodriguez, Jr.** was appointed to the Southern District of Texas by President Donald Trump in 2018. Judge Rodriguez serves in the Brownsville Division of the Southern District of Texas. **Career** - United States District Judge, Southern District of Texas, Brownsville Division (2018–present)

**Division:** Brownsville **Courthouse:** United States Courthouse, 600 East Harrison Street, Room 301, Brownsville, Texas 78520 **Phone:** (956) 548-2755 **Chambers Staff** - Judicial Assistant: Adalia Mora - Deputy-In-Charge: Rosalinda D'Venturi, (956) 548-2500, 600 East Harrison Street, Room 101 - Law Clerk: Craig P. Smith (Career Law Clerk) - Law Clerk: William M. Rocci - Case Manager: Balvina Espinoza, (956) 548-2756, Balvina_Espinoza@txs.uscourts.gov

Common questions about Judge Fernando Rodriguez, Jr.'s rules

Are courtesy copies required for Judge Fernando Rodriguez, Jr.?

Courtesy-copy rule applies for emergency motions. Details: 1 copy, delivery upon filing, by hand delivery. Counsel must send a hard copy courtesy copy of emergency motions directly to the Case Manager in addition to electronic filing.

View ruleSource: page 2, section EMERGENCIES

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

Judge Fernando Rodriguez, Jr.'s rules set a pre-motion procedure for tro. Ex parte restraining order applications are only permitted if they meet Federal Rule of Civil Procedure 65(b) requirements.

View ruleSource: page 2, section EMERGENCIES

What page or word limits apply to brief before Judge Fernando Rodriguez, Jr.?

Judge Fernando Rodriguez, Jr.'s rule states these limits: attorney: 30 pages. Excludes exhibits. Briefs and legal memoranda are limited to 30 pages excluding exhibits; leave of court required to exceed.

View ruleSource: page 3, section MOTION PRACTICE AND BRIEFS

What formatting rules apply to filings before Judge Fernando Rodriguez, Jr.?

Judge Fernando Rodriguez, Jr.'s formatting rule includes binding tabbed 3-ring and indexed. Exhibit copies provided to the Court must be formatted in a properly tabbed and indexed notebook.

View ruleSource: page 5, section J. Trial Exhibits

What must be included with joint pretrial order filings before Judge Fernando Rodriguez, Jr.?

The rule requires statement of facts. Joint Pretrial Order must include a brief statement of the case (statement of facts).

View ruleSource: page 1, section Statement of the Case

What must be included with exhibit filings before Judge Fernando Rodriguez, Jr.?

The rule requires case number. Exhibits must be marked with the date and case number on each.

View ruleSource: page 1, section Exhibits

How may parties contact Judge Fernando Rodriguez, Jr.'s chambers?

The rule addresses letter ecf communications with Judge Fernando Rodriguez, Jr.'s clerk. All case-related correspondence must be addressed to and e-filed with the District Clerk’s Office.

View ruleSource: page 2, section CONTACT WITH COURT PERSONNEL

How do I request an adjournment or extension before Judge Fernando Rodriguez, Jr.?

Advance notice is not fully stated in the structured details. The request must include reason for request. Continuances of trial dates are only granted for extraordinary circumstances; joint motions are not binding, and witness unavailability is not grounds.

View ruleSource: page 2, section EXTENSIONS OF TIME AND CONTINUANCES OF TRIAL SETTINGS

Does Judge Fernando Rodriguez, Jr. require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. Required attachments must be filed as separate documents, not bundled with the Joint Pretrial Order.

View ruleSource: page 2, section Attachments

What rule applies to service for order setting initial pretrial conference before Judge Fernando Rodriguez, Jr.?

The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party. The plaintiff filing suit or party removing the suit must serve the opposing parties with the order setting the initial pretrial conference.

View ruleSource: page 1, section Order Setting Initial Pretrial Conference
Complete rules summary for Judge Fernando Rodriguez, Jr.

Joint Pretrial Order must include a brief statement of the case (statement of facts).

Joint Pretrial Order must include a list of all exhibits expected to be offered.

Exhibits must be marked with the date and case number on each.

Required attachments must be captioned and include a certificate of service.

Required attachments must be filed as separate documents, not bundled with the Joint Pretrial Order.

Joint Pretrial Order must include unresolved legal questions with supporting authorities.

Parties may email case-related inquiries to the Case Manager, must copy all opposing counsel and pro se parties.

Parties should retrieve filing, order, and docket information from CM/ECF, Pacer, or the District Clerk’s Office.

Law clerks may only discuss the specific subject of their communication with counsel, no other matters.

All case-related correspondence must be addressed to and e-filed with the District Clerk’s Office.

Courtesy copies of urgent documents may be sent to the Case Manager at the time of filing with the Clerk.

Applications for restraining orders or other immediate relief must be submitted through the District Clerk’s Office.

Ex parte restraining order applications are only permitted if they meet Federal Rule of Civil Procedure 65(b) requirements.

Extension requests for scheduling order deadlines should be made before the deadline expires; late requests are disfavored.

Continuances of trial dates are only granted for extraordinary circumstances; joint motions are not binding, and witness unavailability is not grounds.

Counsel must file a Joint Discovery and Case Management Plan using Appendix C form at least 3 business days before the Initial Pretrial Conference.

Motions must include a Certificate of Conference detailing efforts to confer if unable to comply with L.R. 7.1(D).

Briefs are required to be filed together with or incorporated within a motion, response, or reply.

Briefs and legal memoranda are limited to 30 pages excluding exhibits; leave of court required to exceed.

Briefs must include a Statement of the Issue(s) summarizing each issue, standard of review, and supporting authority.

Briefs or memoranda with over 10 pages of argument must include Table of Contents, Table of Authorities, Summary of Argument, and Relief Sought.

Evidence references in briefs must cite specific page/line or page/paragraph numbers.

Parties using videotaped depositions at trial must edit the video to include the Court’s rulings on objections.

Exhibits must be marked with party identity, case number, and exhibit number prior to the Final Pretrial Conference.

Exhibit copies provided to the Court must be formatted in a properly tabbed and indexed notebook.

Parties offering exhibits not easily stored in a file folder must provide a photograph or digital reproduction.

Upon settlement, counsel must file a Stipulation of Dismissal under FRCP 41.

In minor plaintiff cases with potential conflict of interest, counsel must jointly move to appoint attorney ad litem prior to mediation or ADR.

Plaintiff must file proof of service within 90 days of filing the complaint, with failure leading to possible dismissal.

Counsel must file a list of financially interested entities within 15 days of receiving this order and amend it promptly when changes occur.

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