Court Rules
Judge

Judge Kenneth M. Hoyt

Individual Rules, Standing Orders & Policies

Rules last changed:
Southern District of Texas

Limits & Logistics

Document Limits

Brief
25 pgs

Courtesy Copies

Courtesy copies

  • 2 copies • Upon Filing

Joint Pretrial Order

  • 1 copy

Letter, Brief

  • Mail • Immediately Upon Filing

Adjournments

  • Motions to extend deadlines or cut-off dates are not considered emergencies.
  • Joint continuance stipulations are not binding and granted only at court's discretion.
  • Vacation requests must be submitted by letter to Case Manager well in advance to be accommodated.
  • +4 more

Request must include

Reason For RequestOriginal Date

Communication

Email

Chambers, Clerk

cynthia_horace@txs.uscourts.gov
Scheduling
Phone

Chambers

(713) 250-5515
Scheduling
Phone

Clerk

(713) 250-5500
Letter via ECF

Clerk

Scheduling
Filters:AllMandatoryFormattingMemorandaExhibitsJPTOJuryTRO/InjunctionDiscoveryEvidence/WitnessesConferences

Page & Word Limits1 rule

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Without leave of Court, all briefs or memoranda are limited to 25 pages. A moving party may file a brief or memorandum of law in reply to a respondent=s brief. Without leave of the court, a reply brief is limited to 15 pages. However, without leave of the Court, no further briefs, including a sur-reply, may be filed.

Summary: Briefs/memoranda limited to 25 pages; reply briefs limited to 15 pages; sur-replies prohibited without leave.

Brief

25 pages

Applies to: Attorney

Reply Brief

15 pages

Applies to: Attorney

Document Format Requirements7 rules

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

No brief or motion shall be filed with the Court with a font or typeface smaller than twelve (12) point type. Footnotes may be in a font smaller than twelve (12) but not less than ten (10) point type.

Summary: Briefs and motions must use at least 12-point font; footnotes may be 10-point minimum.

Typography
Size12 pt
FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

A brief or memorandum of law must be on 81/2 by 11-inch paper. The text must be double-spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least one inch on all four sides

Summary: Briefs must use 8.5x11 paper, double-spaced text (exceptions for quotes, headings, footnotes), and 1-inch margins.

Typography
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

All appendices should contain a paginated table of contents and should be tabbed for easy location of the materials contained.

Summary: All appendices must contain a paginated table of contents and be tabbed for easy material location.

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

Proposed conclusions of law, electronically and by e-mail, to the Case Manager in Microsoft Word format. Each proposed conclusion of law should contain citation to legal authority supporting the conclusions;

Summary: Proposed conclusions of law must be in Microsoft Word format.

Required Format

DOCX

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

Proposed findings of fact, electronically and by e-mail, to the Case Manager in Microsoft Word format. Counsel should include references to testimony and exhibits that support each proposed finding;

Summary: Proposed findings of fact must be in Microsoft Word format.

Required Format

DOCX

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

The parties shall submit the proposed jury charge electronically and by e-mail to the Case Manager, in Microsoft Word format.

Summary: Proposed jury charges must be in Microsoft Word format.

Required Format

DOCX

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

Counsel is required to provide the Court with the original and one copy of the exhibits on the day of trial in properly tabbed notebook form.

Summary: Exhibits must be submitted in properly tabbed notebook form.

Layout & Binding
Binding Style
Tabbed Three Ring

Document Filing Requirements34 rules

Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Do not address substantive issues of law in letter form to the Court as they are not docketed or included in the appellate record.

Summary: Substantive legal issues must not be addressed in letters to the Court, as they are not docketed or part of the appellate record.

Document Type

Letter

Specific requirements detailed in rule text.
Judge Hoyt Procedures 2026 · Jan 2026 · p. 3
|SecContact with Court Personnel
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Summary: Extension requests for discovery or trial postponement must be signed by attorney and party.

Document Type

Extension Request

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

In order to curtail undue delay in the administration of justice, the Court will not hear discovery motions unless moving counsel advises the Court, in a motion, that counsel have conferred in good faith but are unable to reach an agreement. Counsel shall also include the date, time, and place of such conference and the names of all parties participating. If counsel has been unable to confer because of the unavailability or unwillingness of opposing counsel, the motion should set forth the attempts to confer.

Summary: Discovery motions must include a statement that counsel conferred in good faith, conference details, and attempts if opposing counsel was unavailable.

Document Type

Discovery Motion

Content & Formatting
Certificate Of Conference
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Every non-dispositive motion must contain a certificate of conference and a proposed order granting the relief requested. Failure to comply may result in the party=s pleading being denied or stricken.

Summary: Non-dispositive motions must include a certificate of conference and a proposed order granting requested relief.

Document Type

Non Dispositive Motion

Content & Formatting
Certificate Of Conference
Proposed Order
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

All motions, except those filed pursuant to Fed. R. Civ. P. 56, must be accompanied by a separate proposed order granting or denying the relief requested.

Summary: All motions except Rule 56 motions must include a separate proposed order granting or denying relief.

Document Type

Motion

Content & Formatting
Proposed Order
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

4. A table of citations of cases, statutes, rules, textbooks and other authorities, alphabetically arranged; 5. A short statement of the nature and stage of the proceeding; 6. A statement of the issues to be ruled upon by the Court and, with respect to each issue, a short statement, supported by authority, of the standard of review; 7. A short summary of the argument; 8. Headings succinctly setting forth separate sections of the argument; and 9. A short conclusion stating the precise relief sought. 10. The Court may disregard or strike a brief or memorandum that does not comply with this rule.

Summary: Briefs and memoranda must include a table of authorities, proceeding nature/stage statement, issues with standard of review, argument summary, argument headings, and conclusion; non-compliant briefs may be struck.

Document Type

Brief

Content & Formatting
Table Of Authorities
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Any brief, memorandum or motion that cites authorities not found in the United States Code, United States Supreme Court Reporter, Federal Reporter, Federal Rules Decisions, Federal Supplement, Southwestern Reporter Second or Third, or Vernon=s Revised Statutes and Codes Annotated should have appended the relevant parts of such authorities (other than cases), and complete copies of cases. Copies of any affidavits, deposition testimony, or other discovery referred to should also be contained in the appendix.

Summary: Briefs, memoranda, or motions citing non-standard authorities must append relevant authority parts, complete cases, and referenced affidavits/discovery to the appendix.

Document Type

Appendix

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Proposed questions for voir dire examination of the jury panel;

Summary: Parties in jury trials must file proposed voir dire questions in captioned, counsel-signed form.

Document Type

Proposed Voir Dire

Content & Formatting
Caption
Judge Hoyt Procedures 2026 · Jan 2026 · p. 8
|SecRequired Pretrial Materials
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Proposed jury charge, which includes all necessary instructions.

Summary: Parties in jury trials must file proposed jury instructions including all necessary instructions in captioned, counsel-signed form.

Document Type

Jury Instructions

Content & Formatting
Caption
Judge Hoyt Procedures 2026 · Jan 2026 · p. 8
|SecRequired Pretrial Materials
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

A Pretrial Order will be approved by this Court, when signed by ALL parties even though the parties do not agree on every section.

Summary: Pretrial Orders are approved if signed by all parties, even without full agreement on all sections.

Document Type

Pretrial Order

Specific requirements detailed in rule text.
Judge Hoyt Procedures 2026 · Jan 2026 · p. 8
|SecRequired Pretrial Materials
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Proposed conclusions of law, electronically and by e-mail, to the Case Manager in Microsoft Word format. Each proposed conclusion of law should contain citation to legal authority supporting the conclusions;

Summary: Proposed conclusions of law must include citations to supporting legal authority.

Document Type

Proposed Conclusions Of Law

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

c. Memorandum of law.

Summary: Memorandum of law must be submitted for non-jury trials.

Document Type

Memorandum Of Law

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

a. Exhibit Lists;

Summary: Exhibit lists must be filed for all trial and evidentiary hearings.

Document Type

Exhibit List

Specific requirements detailed in rule text.
Judge Hoyt Procedures 2026 · Jan 2026 · p. 9
|SecAll Trial and Evidentiary Hearings
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Proposed findings of fact, electronically and by e-mail, to the Case Manager in Microsoft Word format. Counsel should include references to testimony and exhibits that support each proposed finding;

Summary: Proposed findings of fact must include references to supporting testimony and exhibits.

Document Type

Proposed Findings Of Fact

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

shall specifically include: (1) the prima facie elements of each cause of action and defense asserted: (2) legal definitions required by the jury; (3) items of damages; and (4) methods of calculation of damages. Customary prefatory instructions should be omitted.

Summary: Proposed jury charges must include specified elements and omit customary prefatory instructions.

Document Type

Proposed Jury Charge

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

b. Marked objections to opposing counsel=s exhibits on opposing counsel=s list;

Summary: Marked objections to opposing exhibits must be filed for all trial and evidentiary hearings.

Document Type

Exhibit Objections

Specific requirements detailed in rule text.
Judge Hoyt Procedures 2026 · Jan 2026 · p. 9
|SecAll Trial and Evidentiary Hearings
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

c. Witness lists.

Summary: Witness lists must be filed for all trial and evidentiary hearings.

Document Type

Witness List

Specific requirements detailed in rule text.
Judge Hoyt Procedures 2026 · Jan 2026 · p. 9
|SecAll Trial and Evidentiary Hearings
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

At the conclusion of trial, each attorney shall withdraw his/her exhibits and maintain them for safekeeping in the event of an appeal. The Case Manager will provide a form for the attorneys to certify that they have withdrawn the exhibits.

Summary: Attorneys must withdraw exhibits post-trial and certify withdrawal using provided form.

Document Type

Certification Form

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

In the event of a bench trial, the portions of the deposition offered shall not be read but simply offered as exhibits for admission.

Summary: In bench trials, deposition portions are offered as exhibits rather than read.

Document Type

Deposition

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

If a portion of any deposition is to be read, counsel will designate such by citing pages and lines as required by the Joint Pretrial Order. Opposing counsel will file objections to such portions (citing pages and lines) with supporting authority in advance of trial. The Court will rule on the objections as soon as possible. Use of video depositions is permitted when counsel edits the video and resolves objections.

Summary: Deposition portions to be read must be designated by page/line citations; objections must include page/line citations and authority in advance of trial.

Document Type

Deposition Designation

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Prior to the conference, counsel will furnish to the Court a copy of the proposed final judgment and any additional information that counsel determines to be helpful in approving the settlement. Any motion by the guardian ad litem requesting that funds be placed in the registry of the Court must be filed prior to the conference and approved by the Finance Section of the Clerk=s Office.

Summary: Counsel must provide proposed final judgment to Court prior to settlement conference.

Document Type

Proposed Final Judgment

Specific requirements detailed in rule text.
Judge Hoyt Procedures 2026 · Jan 2026 · p. 12
|SecXI. Settlements and Orders of Dismissal A.3.c
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Upon settlement of a suit involving a minor, counsel will jointly move for appointment of a guardian ad litem where there is a potential conflict of interest between the parent(s) and the minor.

Summary: Joint motion for guardian ad litem required in minor settlements with parent-minor conflict.

Document Type

Motion

Specific requirements detailed in rule text.
Judge Hoyt Procedures 2026 · Jan 2026 · p. 12
|SecXI. Settlements and Orders of Dismissal A.3
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Please restate each instruction before furnishing the applicable information.

Summary: Joint Discovery/Case Management Plans under Rule 26(f) must restate each instruction before providing corresponding information.

Document Type

Joint Discovery Case Management Plan

Content & Formatting
Caption
Case Number
Judge Hoyt Procedures 2026 · Jan 2026 · p. 14
|SecJOINT DISCOVERY/CASE MANAGEMENT PLAN UNDER RULE 26(f)
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

6. Witnesses. List the names and addresses of all witnesses who may be called, separately identifying those witnesses whom the party expects to present and those whom the party may call if the need arises. Include a brief statement of the nature of their testimony. If a witness is to appear by deposition, cite the inclusive pages and lines to be read. With regard to expert witnesses, a brief statement of the nature of their testimony and their qualifications is required.

Summary: Joint Pretrial Order must list all potential witnesses, testimony details, deposition citations, and expert qualifications.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

7. Trial. State probable length of trial and logistical problems, including availability of witnesses, out-of-state people, bulky exhibits, and demonstrations.

Summary: Joint Pretrial Order must state probable trial length and logistical issues.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

4. The Parties= Contentions. Concisely state in separate paragraphs the contentions that are necessary to the relief sought in the case. Only those contentions that are an essential basis for resolving the case are necessary.

Summary: Joint Pretrial Order must concisely state essential party contentions in separate paragraphs.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

1. Appearance of Counsel. List each party, its counsel, and counsel=s address and telephone number in separate paragraphs.

Summary: Joint Pretrial Order must list each party, counsel, address, and telephone number in separate paragraphs.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

3. Jurisdiction. Briefly specify the jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state it.

Summary: Joint Pretrial Order must include jurisdiction details and note unresolved jurisdictional questions.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Summary: Joint Pretrial Order must include a brief case statement with names, dates, and places for jury introduction.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

5. Exhibits. On a form similar to the one provided by the Clerk, each party will attach two lists of all exhibits expected to be offered and make the exhibits available for examination by opposing counsel.

Summary: Joint Pretrial Order must include two exhibit lists per party on Clerk-provided form, with exhibits available to opposing counsel.

Document Type

Joint Pretrial Order

Content & Formatting
Exhibit List
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

b. For non-jury trials include: (1) Proposed findings of fact and conclusions of law. (2) Memorandum of law.

Summary: Non-jury trial Joint Pretrial Orders must include proposed findings of fact/ conclusions of law and memorandum of law.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

a. For jury trials include: (1) Proposed questions for voir dire examination. (2) Proposed jury charge, including instructions, definitions and special interrogatories with authority.

Summary: Jury trial Joint Pretrial Orders must include proposed voir dire questions and jury charge.

Document Type

Joint Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION __________________________________, ' ' Plaintiff(s), ' ' v. ' CIVIL ACTION NO. H-____________ ' __________________________________, ' ' Defendant(s). ' CERTIFICATE OF SERVICE IN REMOVED ACTION I certify compliance with the Court=s Procedures. On ________________________, 20__, I served copies of the Order for Conference and Court Procedures= Cover Sheet on all other parties. Date: _____________________________________ Attorney for Defendant(s)

Summary: Certificate of Service in Removed Action must include court header, case caption, certification of compliance with Court's Procedures, service date, list of served documents, statement of service on all parties, date, and attorney signature.

Document Type

Certificate Of Service

Content & Formatting
Caption
Case Number
Certificate Of Service
Judge Hoyt Procedures 2026 · Jan 2026 · p. 19
|SecCertificate of Service in Removed Action
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ' ' CA/CR NO. ' ' KENNETH M. HOYT vs. ' Judge ' ' C. Horace ' Case Manager Court Reporter ' ' Proceeding EXHIBIT LIST OF No. Description Offr Obj. Admit N/Adm

Summary: Exhibit lists must include columns for Number, Description, Offeror, Objection, Admit, and Not Admitted.

Document Type

Exhibit List

Content & Formatting
Exhibit List

Filing & Service rules

Electronic Filing Rules

All parties are expected to file documents via CM/ECF; counsel must register to use the system.

All parties are expected to file documents through the District Court=s Case Management/Electronic Case Filing (ACM/ECF@) system. See S. D. Tex. Local R. 5.1 (as amended on September 7, 2004) and Administrative Procedures for CM/ECF. Counsel is required to register to use the Court=s CM/ECF system

Machine summary. Not checked yet. · Civil cases

Page 3 | Contact with Court Personnel

Restraining order and immediate relief applications must be filed electronically via CM/ECF; related communications to Case Manager.

Applications for restraining orders or for other immediate relief shall be filed electronically through the CM/ECF system and all related communications with the Court must be made by contacting the Case Manager.

Machine summary. Not checked yet. · Civil cases

Page 4 | Emergency Matters

Proposed findings of fact must be submitted electronically and via email to the Case Manager.

Proposed findings of fact, electronically and by e-mail, to the Case Manager in Microsoft Word format. Counsel should include references to testimony and exhibits that support each proposed finding;

Machine summary. Not checked yet. · Civil cases

Page 9 | Non-Jury Trials

Proposed jury charges must be submitted electronically and via email to the Case Manager.

The parties shall submit the proposed jury charge electronically and by e-mail to the Case Manager, in Microsoft Word format.

Machine summary. Not checked yet. · Civil cases

Page 9 | Jury Trials

Proposed conclusions of law must be submitted electronically and via email to the Case Manager.

Proposed conclusions of law, electronically and by e-mail, to the Case Manager in Microsoft Word format. Each proposed conclusion of law should contain citation to legal authority supporting the conclusions;

Machine summary. Not checked yet. · Civil cases

Page 9 | Non-Jury Trials

Filing Timing and Cure Windows

Joint discovery/case management plans must be filed at least 10 days before the scheduling conference.

Counsel shall prepare and file not less than 10 days before the conference, a joint discovery/case management plan for the conference containing the information called for on the attached form, as required by Rule 26(f).

Machine summary. Not checked yet. · Civil cases

Page 5 | V. PRETRIAL CONFERENCES

Exhibits must be provided to the Court on the day of trial.

Counsel is required to provide the Court with the original and one copy of the exhibits on the day of trial in properly tabbed notebook form.

Machine summary. Not checked yet. · Civil cases

Page 11 | I. Exhibits 4

Deposition objections must be filed in advance of trial.

If a portion of any deposition is to be read, counsel will designate such by citing pages and lines as required by the Joint Pretrial Order. Opposing counsel will file objections to such portions (citing pages and lines) with supporting authority in advance of trial. The Court will rule on the objections as soon as possible. Use of video depositions is permitted when counsel edits the video and resolves objections.

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Page 11 | J. Depositions 1

Exhibits are offered and admitted as the first trial item if no objection is filed at least 3 days before trial.

All exhibits will be OFFERED and ADMITTED into evidence as the FIRST ITEM OF BUSINESS at trial where no objection is lodged at least three (3) days before trial. See applicable Local Rule; see also supra Section IX(B)(3)(b).

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Page 11 | I. Exhibits 2

Motion for dismissal must be filed within 30 days of settlement announcement.

The parties= announcement of settlement must be followed by a motion for dismissal within thirty (30) days. Upon receipt of the parties= written settlement announcement, the Court will enter a 90-day conditional Order of Dismissal, which permits a party to move to reopen the case if final settlement cannot be completed within the allotted time.

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Page 12 | XI. Settlements and Orders of Dismissal A.2

Guardian ad litem motions to place funds in court registry must be filed prior to settlement conference.

Prior to the conference, counsel will furnish to the Court a copy of the proposed final judgment and any additional information that counsel determines to be helpful in approving the settlement. Any motion by the guardian ad litem requesting that funds be placed in the registry of the Court must be filed prior to the conference and approved by the Finance Section of the Clerk=s Office.

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Page 12 | XI. Settlements and Orders of Dismissal A.3.c

Defendants not served within 120 days of complaint filing may be dismissed under Fed. R. Civ. P. 4(m).

Any defendant upon whom service has not been perfected within 120 days after the complaint is filed may be dismissed in accordance with Fed. R. Civ. P. 4(m).

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Page 12 | XI. Settlements and Orders of Dismissal B

Service and Proof of Service Rules

The attached cover page must be served with the summons and complaint or notice of removal.

THE ATTACHED COVER PAGE MUST BE SERVED WITH THE SUMMONS AND COMPLAINT OR NOTICE OF REMOVAL

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Page 1 | Cover Page Requirements

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

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

Machine summary. Not checked yet. · Civil cases

Page 1 | Service Requirements

Plaintiffs must serve the cover page and Order for Conference with the summons and complaint on all defendants.

The plaintiff must serve this cover page and the Order for Conference along with the summons and complaint on all defendants.

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Page 1 | Service Requirements

Parties removing a case to this court must fulfill the same service obligations as plaintiffs filing original complaints.

A party removing a case to this Court has the same obligation as a plaintiff filing an Original Complaint.

Machine summary. Not checked yet. · Civil cases

Page 1 | Service Requirements

Counsel must serve the Order for Conference with the summons/complaint or notice of removal.

Counsel who file or remove an action must serve a copy of the Order for Conference with the summons and complaint or with the notice of removal.

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Page 5 | V. PRETRIAL CONFERENCES

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

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

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Page 17 | JOINT PRETRIAL ORDER

Courtesy Copy Requirements

Joint Pretrial Order due per docket call or 10 days before trial; plaintiff's counsel must deliver courtesy copy to Case Manager.

The Joint Pretrial Order is due per docket call instructions or 10 days prior to trial. Plaintiff=s counsel is responsible for insuring that a Joint Pretrial Order is timely prepared and a courtesy copy delivered to the Case Manager. A form Joint Pretrial Order is attached. The form Order may be modified as needed for a particular case.

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Page 8 | Required Pretrial Materials

Documents filed during trial must be submitted to the Case Manager in duplicate.

C. Filing of Documents. Documents submitted for filing during the course of trial will be submitted to the Case Manager in duplicate.

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Page 9 | COURTROOM PROCEDURES - Filing of Documents

Urgent letters or briefs may be sent to Chambers with a cover letter explaining the need for prompt attention.

Copies of urgent letters or briefs may be sent to Judge Hoyt=s Chambers with a cover letter that specifies why the Court=s prompt attention is required.

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Page 3 | Contact with Court Personnel

Pre-Motion Conference Requirements

Restraining order applications require affirmation of opposing party contact/availability or explanation of why contact is not required.

All applications of this type 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 are available for a conference before the Court, or an explanation of why such contact is not legally required.

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Page 4 | Emergency Matters

Ex parte restraining order applications are only allowed if Fed. R. Civ. P. 65(b) requirements are met.

Ex parte applications for restraining orders will not be entertained by the Court unless the requirements of Fed. R. Civ. P. 65(b) are satisfied.

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Page 4 | Emergency Matters

Adjournment & Extension Requirements

Counsel must comply with docket control orders unless granted relief via motion and good cause showing.

Counsel shall comply with the docket control order unless relieved from its terms by court order following motion and a showing of good cause.

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Page 7 | Trial Settings

Trials are not automatically continued for expert or medical witness unavailability; counsel must use depositions or stipulations.

A trial will NOT automatically be continued because of the unavailability of an expert or medical witness. Counsel are expected to anticipate such possibilities and prepare to present such testimony by deposition or stipulation.

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Page 8 | Trial Settings

Counsel must appear telephonically at docket call if no ruling received on pending continuance motion.

Where counsel have NOT been advised of a ruling on a motion for continuance, personal appearance is required telephonically or as deemed by the Court.

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Page 8 | Trial Settings

Joint continuance stipulations are not binding and granted only at court's discretion.

Agreements, stipulations or joint motions for continuances among counsel are NOT binding on the Court and will be granted at the Court=s discretion.

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Page 4 | Continuances

Submission date extensions require written notice to Case Manager and an order; extensions cannot violate court deadlines.

The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Counsel are to notify the Case Manager, in writing, of an agreement and submit an appropriate order.

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Page 6 | VI. MOTION PRACTICE

Vacation requests must be submitted by letter to Case Manager well in advance to be accommodated.

The Court will attempt to accommodate vacation requests provided that they are submitted, by letter, to the Case Manager well in advance of the applicable court setting.

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Page 4 | Continuances

Motions to extend deadlines or cut-off dates are not considered emergencies.

Motions to extend filing deadlines or Acut-off@ dates are not emergencies.

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Page 4 | Emergency Matters

Chambers Communication Rules

Case-related telephone inquiries must be directed only to Case Manager Cynthia Horace at (713) 250-5515.

Case-related telephone and e-mail inquiries should be made only to the Judge=s Case Manager, Cynthia Horace, at (713) 250-5515 or cynthia_horace@txs.uscourts.gov.

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Page 3 | Contact with Court Personnel

Counsel must notify the Case Manager by letter of prior commitments immediately or in advance of docket call.

Counsel shall have already notified the Case Manager by letter of prior commitments (vacations paid in advance, preferential trial settings in other courts, etc.) immediately and/or in advance of docket call.

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Page 8 | Trial Settings

Telephonic personal appearance required at docket call unless alternative arrangements are made.

Personal appearance by counsel telephonically is required at docket call unless arrangements are otherwise made for an announcement. Generally, the Court conducts a telephonic conference in lieu of a formal docket call to set the case for trial without further appearance.

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Page 8 | Trial Settings

Chambers staff will not take counsel phone messages; counsel may not request use of chambers telephones.

B. Telephone Use. Telephone messages for counsel will NOT be taken by the Judge=s staff. Counsel shall refrain from requesting use of Chambers telephones.

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Page 9 | COURTROOM PROCEDURES - Telephone Use

Counsel must notify Case Manager of settlement conference request when filing guardian ad litem motion.

Contemporaneous with the motion for appointment, counsel will notify the Case Manager by letter or email requesting a settlement conference.

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Page 12 | XI. Settlements and Orders of Dismissal A.3.b

Counsel and pro se litigants must immediately notify Case Manager of settlement via email or written letter.

Upon the settlement of any case set for conference, hearing or trial, it shall be the duty of counsel and/or the pro se litigant to notify the Case Manager immediately in writing or by e-mail at cynthia_horace@txs.uscourts.gov.

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Page 12 | XI. Settlements and Orders of Dismissal A.1

Case Manager does not respond to casual status inquiries; filing info available via Clerk's Office at (713) 250-5500 or PACER.

The caseload will not allow the Case Manager to respond to casual telephone inquiries regarding motions and case status. Therefore, information regarding the filing of documents, entry of orders, or docket entries may be obtained by contacting the United States District Clerk=s Office at (713) 250-5500, or online through PACER. Counsel should refrain from seeking information that may be obtained by reviewing the Docket Control Order, Local Rules or Federal Rules of Civil Procedure.

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Page 3 | Contact with Court Personnel

Law clerks may contact counsel only to discuss the subject matter of the call.

At the Court=s direction, law clerks may contact counsel; however, they will not discuss matters beyond the subject matter of the call.

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Page 3 | Contact with Court Personnel

Out-of-town counsel must submit written telephonic appearance requests to Case Manager in advance with notice to other parties.

Out-of-town counsel wishing to appear telephonically at a conference or hearing must submit a written request to the Case Manager well in advance of the applicable conference or hearing, with notice to the other counsel of record and any pro se parties. The Court will attempt to accommodate such requests.

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Page 4 | Appearances at Settings

Notify the Court of settled cases immediately in writing or by email to cynthia_horace@txs.uscourts.gov.

the Court that has been resolved immediately in writing or by e-mail at cynthia_horace@txs.uscourts.gov. Upon receipt of notice that a case has been settled, the Court may enter a conditional Order of Dismissal.

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Page 5 | Settlements and Orders of Dismissal

About United States District Judge Kenneth M. Hoyt

**Senior United States District Judge Kenneth M. Hoyt** was appointed to the Southern District of Texas by President Ronald Reagan in 1988, assuming senior status on March 2, 2013. Born in San Augustine County, Texas, Judge Hoyt graduated from Texas Southern University in 1969 and received his Juris Doctor from the Thurgood Marshall School of Law at Texas Southern University in 1972. He was in private practice in Houston from 1972 to 1985, also serving as city attorney for the Cities of Kendleton and Prairie View, Texas from 1975 to 1981, and as a faculty member for the South Texas College Trial Advocacy Program. He served as Judge for the 125th Civil District Court of Texas from 1981 to 1982, then as an adjunct professor at Thurgood Marshall School of Law from 1983 to 1984. He was a justice of the First District Court of Appeals of Texas from 1985 to 1988 before his federal appointment. **Education** - Thurgood Marshall School of Law, Texas Southern University, J.D., 1972 - Texas Southern University, A.B., 1969 **Career** - Senior United States District Judge, Southern District of Texas, Houston Division (1988–present; senior status 2013) - Justice, First District Court of Appeals of Texas (1985–1988) - Adjunct Professor, Thurgood Marshall School of Law (1983–1984) - Judge, 125th Civil District Court of Texas (1981–1982) - City Attorney, Cities of Kendleton and Prairie View, Texas (1975–1981) - Faculty, South Texas College Trial Advocacy Program - Private practice, Houston (1972–1985)

**Division:** Houston **Courthouse:** Bob Casey United States Courthouse, 515 Rusk Street, Courtroom 11A, Houston, Texas 77002 **Phone:** (713) 250-5515 **Chambers Staff** - Case Manager: Cynthia Horace

Common questions about Judge Kenneth M. Hoyt's rules

Are courtesy copies required for Judge Kenneth M. Hoyt?

Courtesy-copy rule applies for joint pretrial orders. Details: 1 copy. Joint Pretrial Order due per docket call or 10 days before trial; plaintiff's counsel must deliver courtesy copy to Case Manager.

View ruleSource: page 8, section Required Pretrial Materials

Does Judge Kenneth M. Hoyt require a pre-motion conference or letter before filing a motion?

Yes. A pre-motion letter is required for application for restraining orders. Restraining order applications require affirmation of opposing party contact/availability or explanation of why contact is not required.

View ruleSource: page 4, section Emergency Matters

What page or word limits apply to brief before Judge Kenneth M. Hoyt?

Judge Kenneth M. Hoyt's rule states these limits: attorney: 25 pages; attorney: 15 pages. Briefs/memoranda limited to 25 pages; reply briefs limited to 15 pages; sur-replies prohibited without leave.

View ruleSource: page 6, section VII. BRIEFS

What formatting rules apply to filings before Judge Kenneth M. Hoyt?

Judge Kenneth M. Hoyt's formatting rule includes double spacing, letter paper, margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches, quotations over two lines may be indented and single-spaced, and headings and footnotes may be single-spaced. Briefs must use 8.5x11 paper, double-spaced text (exceptions for quotes, headings, footnotes), and 1-inch margins.

View ruleSource: page 6, section VII. BRIEFS

What must be included with joint pretrial order filings before Judge Kenneth M. Hoyt?

The rule identifies required filing content or certificates. Joint Pretrial Order must include jurisdiction details and note unresolved jurisdictional questions.

View ruleSource: page 17, section JOINT PRETRIAL ORDER

What must be included with letter filings before Judge Kenneth M. Hoyt?

The rule identifies required filing content or certificates. Substantive legal issues must not be addressed in letters to the Court, as they are not docketed or part of the appellate record.

View ruleSource: page 3, section Contact with Court Personnel

How may parties contact Judge Kenneth M. Hoyt's chambers?

The rule addresses phone communications with Judge Kenneth M. Hoyt's chambers. The rule lists phone (713) 250-5515. Case-related telephone inquiries must be directed only to Case Manager Cynthia Horace at (713) 250-5515.

View ruleSource: page 3, section Contact with Court Personnel

How do I request an adjournment or extension before Judge Kenneth M. Hoyt?

Advance notice is not fully stated in the structured details. The request must include reason for request. Counsel must comply with docket control orders unless granted relief via motion and good cause showing.

View ruleSource: page 7, section Trial Settings

Is electronic filing required before Judge Kenneth M. Hoyt?

Yes. Electronic filing is required for the covered filings. All parties are expected to file documents via CM/ECF; counsel must register to use the system.

View ruleSource: page 3, section Contact with Court Personnel

What filing deadlines apply to joint discovery case management plan filings before Judge Kenneth M. Hoyt?

Joint discovery/case management plans must be filed at least 10 days before the scheduling conference.

View ruleSource: page 5, section V. PRETRIAL CONFERENCES

What rule applies to service for cover page before Judge Kenneth M. Hoyt?

The rule addresses service method, recipient, or timing requirements. The attached cover page must be served with the summons and complaint or notice of removal.

View ruleSource: page 1, section Cover Page Requirements
Complete rules summary for Judge Kenneth M. Hoyt

The attached cover page must be served with the summons and complaint or notice of removal.

Joint Pretrial Order must include jurisdiction details and note unresolved jurisdictional questions.

Substantive legal issues must not be addressed in letters to the Court, as they are not docketed or part of the appellate record.

Extension requests for discovery or trial postponement must be signed by attorney and party.

Marked objections to opposing exhibits must be filed for all trial and evidentiary hearings.

Plaintiffs must serve the cover page and Order for Conference with the summons and complaint on all defendants.

Parties removing a case to this court must fulfill the same service obligations as plaintiffs filing original complaints.

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

All parties are expected to file documents via CM/ECF; counsel must register to use the system.

Case-related telephone inquiries must be directed only to Case Manager Cynthia Horace at (713) 250-5515.

Law clerks may contact counsel only to discuss the subject matter of the call.

Case Manager does not respond to casual status inquiries; filing info available via Clerk's Office at (713) 250-5500 or PACER.

Urgent letters or briefs may be sent to Chambers with a cover letter explaining the need for prompt attention.

Restraining order and immediate relief applications must be filed electronically via CM/ECF; related communications to Case Manager.

Restraining order applications require affirmation of opposing party contact/availability or explanation of why contact is not required.

Ex parte restraining order applications are only allowed if Fed. R. Civ. P. 65(b) requirements are met.

Motions to extend deadlines or cut-off dates are not considered emergencies.

Joint continuance stipulations are not binding and granted only at court's discretion.

Vacation requests must be submitted by letter to Case Manager well in advance to be accommodated.

Out-of-town counsel must submit written telephonic appearance requests to Case Manager in advance with notice to other parties.

Notify the Court of settled cases immediately in writing or by email to cynthia_horace@txs.uscourts.gov.

Joint discovery/case management plans must be filed at least 10 days before the scheduling conference.

Discovery motions must include a statement that counsel conferred in good faith, conference details, and attempts if opposing counsel was unavailable.

Non-dispositive motions must include a certificate of conference and a proposed order granting requested relief.

Witness lists must be filed for all trial and evidentiary hearings.

All motions except Rule 56 motions must include a separate proposed order granting or denying relief.

Submission date extensions require written notice to Case Manager and an order; extensions cannot violate court deadlines.

Briefs/memoranda limited to 25 pages; reply briefs limited to 15 pages; sur-replies prohibited without leave.

Briefs must use 8.5x11 paper, double-spaced text (exceptions for quotes, headings, footnotes), and 1-inch margins.

Briefs and motions must use at least 12-point font; footnotes may be 10-point minimum.

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