Southern District of Texas Document Filing Requirements

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

Civil cases

Applies to

Proposed order

Unless the debtor seeks relief from the wage-order or EFT-order requirement, the applicable information must be incorporated into a proposed order signed by the trustee and debtor and promptly submitted to the Court.

Unless the debtor has filed a motion seeking relief from the requirement of a wage order or an EFT order, the wage order information or EFT Order information shall be incorporated into a proposed form of order, signed by the trustee and debtor, and promptly submitted by the trustee to the Court.

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

Civil cases

Applies to

Chapter 13 plan and plan summary

Use of the uniform plan and plan summary is mandatory, subject to the stated exception.

Except as set forth in the following sentence, use of this form of plan and plan summary are mandatory.

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

Civil cases

Applies to

Motion for leave

A debtor seeking to use a plan or summary that varies from the uniform forms must file a motion for leave along with the petition.

Any debtor wishing to use a plan and plan summary that vary from the uniform plan and uniform plan summary must file a motion along with the petition seeking leave from this requirement.

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

Civil cases

Applies to

Motion to dismiss

If the debtor misses the applicable deadline to file a plan or completed plan summary, the trustee must move to dismiss for unreasonable delay to creditors.

If a debtor fails to file plan or a completed plan summary within the time allowed by the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure, the trustee must file a motion to dismiss the case for delay that is unreasonable to creditors pursuant to BLR 1017x.

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

Civil cases

Applies to

Plan

The plan will provide for abandonment by a Rule 4001 motion filed with the court and served on the affected creditor, after which no further payments will be made to the secured creditor.

The plan will provide that abandonment may occur by a motion pursuant to Fed. R. Bankr. P. 4001 filed with the Court and served on the affected creditor thatCfollowing abandonmentCno further payments will be made to the secured creditor.

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

Civil cases

Applies to

Certificate of service

Must include

certificate of service

A certificate of service reflecting service must be filed with a copy of the proof of claim attached.

A certificate of service reflecting service must be filed with a copy of the proof of claim attached to the certificate of service.

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Motion to modify confirmed plan

A motion to modify a confirmed plan must include a revised uniform plan and summary, a side-by-side payment comparison, specified descriptions of the reasons for modification and changes in fixed expenses, and current Schedules I and J.

8. Uniform Modification. Motions to modify a confirmed plan must include the following information: ===== PAGE 8 ===== A. A revised plan, in the form of the uniform plan. B. A revised plan summary, in the form of the uniform plan summary. C. A side-by-side comparison of payments under the prior plan and the proposed plan. D. A description of the following: i. The reason why the debtors= current plan must be modified. (a) If the debtors= plan must be modified because of a payment default to the trustee or to a creditor, a description of the reason why the payment default occurred. (b) If the reason was a temporary loss of employment, the motion must describe whether new employment was obtained. ii. The changes in the debtors= fixed expenses (e.g., whether an asset has been abandoned, a less expensive car has been purchased, or other events have occurred that affect the feasibility of the proposed modification). E. A copy of the debtors= current Schedules I and J must be attached to the motion to modify the plan.

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

Civil cases

Applies to

Proposed order

Every request for attorneys’ fees must include the specified certification on the proposed order and be reasonable under the circumstances.

All requests for attorneys= fees must (i) include a certification contained on the proposed order that the amount requested is less than or equal to the amount that will be paid by the holder of the lien to the holder=s counsel; and (ii) be reasonable under the facts and circumstances.

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

Civil cases

Applies to

Fixed fee agreement

Fixed-fee agreements must use the form promulgated by the Bankruptcy Court.

Fixed fee agreements must (i) be filed within 15 days of the petition date; and (ii) be in the form promulgated from time-to-time by the Bankruptcy Court.

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

Civil cases

Applies to

Lodestar application

Lodestar applications must include the prescribed cover sheet, detailed contemporaneous time records, retention-basis statement, and a narrative of unique, unusual, or time-consuming case issues.

Lodestar applications must include (i) a cover sheet in the form promulgated from time-to-time by the Bankruptcy Court; (ii) attached, detailed, contemporaneous time records; (iii) a statement setting forth the basis of the retention (i.e., whether the retention was on a fixed or hourly fee basis and any other pertinent details); and (iv) a narrative description setting forth any unique, unusual or time consuming issues particular to the chapter 13 case.

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

Civil cases

Applies to

Budget analysis

Debtors covered by this requirement must file a copy of a budget analysis using the form on the Court’s website.

The following debtors must file a copy of a budget analysis in the form contained on the Court's website.

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

Civil cases

Applies to

Motion to modify confirmed plan

Payments under a plan modification commence on the first due date after filing, regardless of whether the Court has approved the modification.

6. INTERIM PAYMENTS. Payments due under this modification will commence on the first due date after this modification is filed, whether or not the modification has yet been approved by the Court.

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

Civil cases

Applies to

Motion to dismiss

A qualifying trustee motion to dismiss need not include BLR 9013 language but must include the prescribed notice.

d. If either the U.S. Trustee or the chapter 13 Trustee files a motion to dismiss under subparagraph (c) above, the motion need not include BLR include BLR 9013 language but shall include the following notice: A hearing will be conducted on this matter on [insert date of next chapter 13 panel following expiration of 15 days] at _____ a.m. If the debtor(s) object to the requested relief, the debtor(s) and counsel must attend the hearing. If no party objects to the requested relief within (ten) 10 days after the date that the motion was served, the United States Trustee or the chapter 13 Trustee may file a certificate of non- compliance and the Court may dismiss this case without actually conducting a hearing. (Bankruptcy Code §102(1)(B).).

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

Civil cases

Applies to

Exhibits

Each party offering exhibits must mark its own exhibits before trial.

Each offering party must mark its own exhibits before trial.

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

Civil cases

Applies to

Exhibits

Each exhibit must include the party’s name, case number, and exhibit number.

Include the party’s name, case number, and exhibit number on each exhibit.

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

Civil cases

Applies to

Joint pretrial order

Each party must file a separate list of all exhibits expected to be offered and attach it to the Joint Pretrial Order.

Each party must file as a separate document and attach to this Joint Pretrial Order a list of all exhibits expected to be offered.

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

Civil cases

Applies to

Joint pretrial order

The Joint Pretrial Order must include the specified statement about disclosure of additional witnesses and the exception for certain rebuttal or impeachment witnesses.

Include the following statement: “If any other witnesses will be called at the trial, their names, addresses, and the subject matter of their testimony will be reported to opposing counsel as soon as they are known. This restriction will not apply to rebuttal or impeachment witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial.”

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

Civil cases

Applies to

Joint pretrial order

Each party must file a separate witness list, prepared under Section 23 of the Court’s procedures, and attach it to the Joint Pretrial Order.

Each party must file as a separate document and attach to this Joint Pretrial Order a list of all witnesses. Prepare the list as per Section 23 of the Court’s procedures.

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

Civil cases

Applies to

Joint pretrial order

Each party must file any intended deposition designations as a separate document, prepare them under Section 24 of the Court’s procedures, and attach them to the Joint Pretrial Order.

Each party must also file as a separate document and attach to this Joint Pretrial Order any intended deposition designations. Prepare the designations as per Section 24 of the Court’s procedures.

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

Civil cases

Applies to

Joint pretrial order

The Joint Pretrial Order must identify whether the trial is jury or nonjury, its probable length, and foreseeable logistical problems, including witness availability or unusual exhibits.

State whether the trial will be jury or nonjury; the probable length of trial; and any foreseeable logistical problems, including the availability of witnesses or unusual exhibits.

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

Civil cases

Applies to

Joint pretrial order

For a jury trial, each party must separately file and attach the specified additional attachments to the Joint Pretrial Order.

For any jury trial, each party must file as a separate document and attach to this Joint Pretrial Order the following attachments.

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

Civil cases

Applies to

Joint pretrial order

For a bench trial, each party must separately file and attach proposed findings of fact and conclusions of law and a memorandum of law to the Joint Pretrial Order.

For any bench trial, each party must file as a separate document and attach to this Joint Pretrial Order the following attachments. o Proposed findings of facts and conclusions of law as per Section 28 of the Court’s Procedures; and o A memorandum of law.

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

Civil cases

Applies to

Joint pretrial order

The Joint Pretrial Order must contain the pretrial disclosures required by Rule 26(a)(3).

The Joint Pretrial Order must contain the pretrial disclosures required by Rule 26(a)(3).

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

Civil cases

Applies to

Joint pretrial order

Each party must separately file and attach a Form 7 list of expected exhibits to the Joint Pretrial Order.

Each party must file as a separate document and attach to this Joint Pretrial Order a list of all exhibits expected to be offered. Use Form 7 to prepare the trial exhibit list.

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

Civil cases

Applies to

Witness list

The witness list must identify each intended case-in-chief witness by name and address and briefly describe the subject and substance of the testimony.

List in separate paragraphs the names and addresses of witnesses that each party intends in good faith to call in its case-in-chief. Include a brief statement of the subject matter and substance of the testimony of each.

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

Civil cases

Applies to

Joint pretrial order

Each party must separately file and attach a Form 8 witness list to the Joint Pretrial Order, prepared under Section 21 of the Court’s procedures.

Each party must file as a separate document and attach to this Joint Pretrial Order a list of all witnesses. Use Form 8 to prepare the trial witness list. Prepare the list as per Section 21 of the Court’s procedures.

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

Civil cases

Applies to

Joint pretrial order

Each party must separately file and attach intended deposition designations to the Joint Pretrial Order, prepared using Form 9 and Section 22 of the Court’s procedures.

Each party must also file as a separate document and attach to this Joint Pretrial Order any intended deposition designations. Prepare the designations as per Section 22 of the Court’s procedures. Use Form 9 to prepare the deposition designations.

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

Civil cases

Applies to

Joint pretrial order

For a jury trial, each party must separately file and attach any motion in limine, proposed prospective-juror topics and questions, and a proposed joint jury charge to the Joint Pretrial Order.

For any jury trial, each party must file as a separate document and attach to this Joint Pretrial Order the following additional attachments. • Any motion in limine as per Section 23 of the Court’s Procedures; • Proposed topics and questions for examination of prospective jurors as per Section 24 of the Court’s Procedures; and • A proposed joint jury charge as per Section 25 of the Court’s Procedures.

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

Civil cases

Applies to

Joint pretrial order

For a bench trial, each party must separately file and attach proposed findings of fact and conclusions of law to the Joint Pretrial Order under Section 26 of the Court’s procedures.

For any bench trial, each party must file as a separate document and attach to this Joint Pretrial Order the following additional attachment. • Proposed findings of facts and conclusions of law as per Section 26 of the Court’s Procedures.

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

Civil cases

Applies to

Joint pretrial order

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

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

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

Civil cases

Applies to

Exhibit authentication notice

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

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

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

Civil cases

Applies to

Exhibit objection

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

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

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

Civil cases

Applies to

Exhibit

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

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

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

Civil cases

Applies to

Joint pretrial order

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

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

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

Civil cases

Applies to

Statement of the case

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

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

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

Civil cases

Applies to

Statement of the case

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

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

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

Civil cases

Applies to

Jury trial attachments

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

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

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

Civil cases

Applies to

Nonjury trial attachments

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

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

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

Civil cases

Applies to

Discovery response

A responding party providing a partial or incomplete answer or production must state the reason it is incomplete.

If a partial or incomplete answer or production is provided, the responding party must state the reason that the answer or production is partial or incomplete.

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

Civil cases

Applies to

Exhibit notebook

Must include

exhibit list

Each party’s counsel must provide the Court a properly tabbed and indexed notebook containing a copy of every exhibit.

E. Counsel for each party is required to provide the Court with a properly tabbed and indexed notebook which contains a copy of each exhibit.

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

Civil cases

Applies to

Joint pretrial order

All counsel must sign the Joint Pretrial Order.

Joint Pretrial Orders must be signed by all counsel.

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

Civil cases

Applies to

Pretrial order

The Pretrial Order must have exhibit and witness lists attached.

Exhibit and witness lists are to be attached to the Pretrial Order.

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

Civil cases

Applies to

Jury trial pretrial materials

For jury trials, the required pretrial materials include proposed voir dire questions, jury instructions with definitions and authority citations (excluding customary prefatory instructions), proposed interrogatories, and a memorandum of law.

Jury Trials: - Proposed questions for voir dire examination - Proposed jury instructions, including definitions, with a citation of authority. Omit the customary, prefatory instructions as the Court will use its own. - Proposed interrogatories. - Memorandum of Law.

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

Civil cases

Applies to

Non jury trial pretrial materials

For non-jury trials, the required pretrial materials are proposed findings of fact and conclusions of law and a memorandum of law.

Non-Jury Trials: - Proposed Findings of Fact and Conclusions of Law. - Memorandum of Law.

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

Civil cases

Applies to

Joint pretrial order

The Joint Pretrial Order must include exhibit lists.

B. Exhibit lists are to be included in the Joint Pretrial Order.

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

Civil cases

Applies to

Joint pretrial order

Counsel must identify deposition portions to be read at trial by page and line citations in the Joint Pretrial Order.

C. Counsel will designate the portion of a deposition to be read by citing pages and lines in the Joint Pretrial Order.

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

Civil cases

Applies to

Pretrial order

The pretrial order must identify each party and its counsel in separate paragraphs and list counsel’s addresses, telephone numbers, and email addresses.

Identify in separate paragraphs each party and its respective counsel. List the addresses, telephone numbers, and e-mail addresses of counsel.

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

Civil cases

Applies to

Pretrial order

The pretrial order must identify pending motions other than motions in limine.

Identify any pending motions other than motions in limine.

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

Civil cases

Applies to

Joint pretrial order

Must include

exhibit list

Each party must file and attach a separate trial exhibit list using Form 7.

Each party must file as a separate document and attach to this Joint Pretrial Order a list of all exhibits expected to be offered. Use Form 7 to prepare the trial exhibit list.

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

Civil cases

Applies to

Joint pretrial order

The Joint Pretrial Order must include the specified witness-disclosure statement, including its rebuttal and impeachment exception.

Include the following statement: “If any other witnesses will be called at the trial, their names, addresses, and the subject matter of their testimony will be reported to opposing counsel as soon as they are known. This restriction will not apply to rebuttal or impeachment witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial.”

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

Civil cases

Applies to

Joint pretrial order

Each party must file and attach any intended deposition designations as a separate document, following Section 22 and using Form 9.

Each party must also file as a separate document and attach to this Joint Pretrial Order any intended deposition designations. Prepare the designations as per Section 22 of the Court’s procedures. Use Form 9 to prepare the deposition designations.

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

Civil cases

Applies to

Joint pretrial order

For a jury trial, each party must separately file and attach any motion in limine, proposed prospective-juror topics and questions, and a proposed joint jury charge, following the specified procedure sections.

For any jury trial, each party must file as a separate document and attach to this Joint Pretrial Order the following additional attachments. • Any motion in limine as per Section 23 of the Court’s Procedures; • Proposed topics and questions for examination of prospective jurors as per Section 24 of the Court’s Procedures; and • A proposed joint jury charge as per Section 25 of the Court’s Procedures.

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

Civil cases

Applies to

Joint pretrial order

For bench trials, each party must separately file proposed findings of fact and conclusions of law and attach them to the Joint Pretrial Order.

For any bench trial, each party must file as a separate document and attach to this Joint Pretrial Order the following additional attachment. • Proposed findings of facts and conclusions of law as per Section 26 of the Court’s Procedures.

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

Civil cases

Applies to

Discovery disclosure or request response objection

Disclosures and discovery requests, responses, and objections must be signed by counsel or an unrepresented party and include the signer’s contact information.

Every disclosure under FRCP 26(a)(1) or (a)(3) and every discovery request, response, or objection must be signed by at least one attorney of record in the attorney's own name — or by the party personally, if unrepresented — and must state the signer's address, email address, and telephone number. See FRCP 26(g).

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

Civil cases

Applies to

Motion to compel

Must include

certificate of conference

A motion to compel disclosure or discovery must certify that the movant in good faith conferred or tried to confer to obtain the disclosure or discovery without court action.

Additionally, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or tried to confer with the person or party failing to make disclosure or discovery to help obtain it without court action. See FRCP 37(a)(1).

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

Civil cases

Applies to

Joint pretrial order

For trials estimated to last more than five business days, each party must provide specific, itemized time limits for each JPO witness.

If the estimated length of trial is more than five business days, each party must provide specific and itemized time limits for each witness listed in the Joint Pretrial Order (“JPO”).

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

Civil cases

Applies to

Joint pretrial order

In 8 U.S.C. § 1503 cases, every testifying witness must execute an affidavit, and the parties must submit all affidavits as part of the JPO.

The following applies only to 8 U.S.C. § 1503 cases: Any testifying witness must execute an affidavit; the parties will submit all affidavits as part of the joint pretrial order. See Exhibits A, B.

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

Civil cases

Applies to

Discovery response

A responding party providing a partial or incomplete answer or production must state the reason it is incomplete.

b. If a partial or incomplete answer or production is provided, the responding party must state the reason that the answer or production is partial or incomplete.

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

Civil cases

Applies to

Exhibits

Each party offering exhibits must mark its own exhibits before trial.

Each offering party must mark its own exhibits before trial.

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

Civil cases

Applies to

Exhibit

Each exhibit must display the party’s name, case number, and exhibit number.

Include the party’s name, case number, and exhibit number on each exhibit.

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

Civil cases

Applies to

Joint pretrial order

Each party must separately file and attach to the Joint Pretrial Order a list of all exhibits expected to be offered.

Each party must file as a separate document and attach to this Joint Pretrial Order a list of all exhibits expected to be offered.

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

Civil cases

Applies to

Joint pretrial order

The Joint Pretrial Order must include the specified statement about reporting additional witnesses, with an exception for certain rebuttal or impeachment witnesses.

Include the following statement: “If any other witnesses will be called at the trial, their names, addresses, and the subject matter of their testimony will be reported to opposing counsel as soon as they are known. This restriction will not apply to rebuttal or impeachment witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial.”

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

Civil cases

Applies to

Joint pretrial order

Each party must separately file and attach a list of all witnesses to the Joint Pretrial Order.

Each party must file as a separate document and attach to this Joint Pretrial Order a list of all witnesses.

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

Civil cases

Applies to

Joint pretrial order

Each party must separately file and attach any intended deposition designations to the Joint Pretrial Order.

Each party must also file as a separate document and attach to this Joint Pretrial Order any intended deposition designations.

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

Civil cases

Applies to

Joint pretrial order

For a jury trial, each party must separately file and attach the specified documents to the Joint Pretrial Order.

For any jury trial, each party must file as a separate document and attach to this Joint Pretrial Order the following attachments.

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

Civil cases

Applies to

Joint pretrial order

For a bench trial, each party must separately file and attach the specified documents to the Joint Pretrial Order.

For any bench trial, each party must file as a separate document and attach to this Joint Pretrial Order the following attachments.

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

Civil cases

Applies to

Plaintiff initial discovery

The Plaintiff must produce documents recording wages or other compensation paid or unpaid by the Defendant that the Plaintiff created or maintained.

b. Documents created or maintained by the Plaintiff recording wages or other compensation paid or unpaid by the Defendant.

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

Civil cases

Applies to

Plaintiff initial discovery

The Plaintiff must provide the Plaintiff’s title or position and briefly describe job duties during the relevant period.

c. The Plaintiff’s title or position and a brief description of the Plaintiff’s job duties for the relevant time period.

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

Civil cases

Applies to

Plaintiff initial discovery

The Plaintiff must provide Initial Discovery within 30 days after the Defendant submits a responsive pleading or motion, unless the court orders otherwise.

The Plaintiff’s Initial Discovery must be provided within 30 days after the Defendant has submitted a responsive pleading or motion, unless the court rules otherwise.

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

Civil cases

Applies to

Plaintiff initial discovery

The Plaintiff must produce documents recording time worked that the Plaintiff created or maintained.

a. Documents created or maintained by the Plaintiff recording time worked.

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

Civil cases

Applies to

Plaintiff initial discovery

The Plaintiff must produce documents relied on to support a claim of willful violation.

f. Documents that the Plaintiff relies on to support a claim of willful violation.

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

Civil cases

Applies to

Plaintiff initial discovery

The Plaintiff must produce all other documents relied on to support the Plaintiff’s FLSA claims.

g. All other documents that the Plaintiff relies on to support the Plaintiff’s FLSA Claim(s).

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

Civil cases

Applies to

Plaintiff initial discovery

The Plaintiff must identify persons believed to know facts concerning the FLSA claims or defenses and briefly describe their knowledge.

a. Identify persons the Plaintiff believes to have knowledge of the facts concerning the FLSA Claim(s) or defenses, and a brief description of that knowledge.

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

Civil cases

Applies to

Plaintiff initial discovery

The Plaintiff must compute each claimed damages category, stating applicable dates, unpaid-wage amounts, and the computation method, including applicable rates and hours.

e. A computation of each category of damages claimed by the Plaintiff, including a) applicable dates, b) amounts of claimed unpaid wages, and c) the method used for computation (including applicable rates and hours).

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

Civil cases

Applies to

Plaintiff initial discovery

The Plaintiff must provide the names of the Plaintiff’s supervisors during the relevant period.

f. The names of the Plaintiff’s supervisors during the relevant time period.

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

Civil cases

Applies to

Plaintiff initial discovery

If the Plaintiff complained to a government agency about the FLSA claims, the Plaintiff must identify each agency, report or complaint dates, and each report’s or complaint’s outcome or status.

g. If the Plaintiff reported or complained about the FLSA Claim(s) to any government agency, the identity of each such agency, the date(s) or such reports or complaints, and the outcome or status of each report or complaint.

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

Civil cases

Applies to

Plaintiff initial discovery

If the Plaintiff complained to the Defendant about an FLSA claim, the Plaintiff must state whether it was written or oral, when and to whom it was made, and any Defendant response.

h. If the Plaintiff reported or complained to the Defendant (including but not limited to supervisors or administrative departments such as human resources, payroll, timekeeping or benefits) about the any FLSA Claim(s), state whether the report or complaint was written or oral, when the report or complaint(s) was made, to whom any report or complaint(s) were made, and any response provided by the Defendant.

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

Civil cases

Applies to

Defendant initial discovery

The Defendant must provide Initial Discovery within 30 days after submitting a responsive pleading or motion, unless the court orders otherwise.

The Defendant’s Initial Discovery must be provided within 30 days after the Defendant has submitted a responsive pleading or motion, unless the court rules otherwise.

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

Civil cases

Applies to

Defendant initial discovery

The Defendant must produce time and pay records created or maintained for the Plaintiff.

a. Time and pay records created or maintained by the Defendant for the Plaintiff.

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

Civil cases

Applies to

Defendant initial discovery

The Defendant must produce documents relied on to support a claim that an alleged violation was in good faith.

d. Documents that the Defendant relies on to support a claim that any alleged violation was in good faith.

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

Civil cases

Applies to

Defendant initial discovery

The Defendant must produce any offer letters, employment agreements, or compensation agreements for the Plaintiff.

e. Any offer letters, employment agreements, or compensation agreements for the Plaintiff.

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

Criminal cases

Applies to

Motion

Must include

proposed order, certificate of service, certificate of conference

Each covered motion must include a hearing request, certificate of conference, certificate of service, and proposed order.

The motion shall be accompanied with a request for a hearing, certificate of conference, certificate of service, and proposed order.

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

Criminal cases

Applies to

Motion

Motions must state any applicable Speedy Trial Act exceptions.

All motions shall set out any applicable exception(s) to the Speedy Trial Act.

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

Criminal cases

Applies to

Motion

Motions must state relevant Speedy Trial Act exceptions where applicable.

All motions shall set out the relevant exception(s) to the Speedy Trial Act, where applicable.

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

Criminal cases

Applies to

Motion

Must include

proposed order, certificate of service, certificate of conference

Every motion must include a certificate of conference, certificate of service, and an appropriate order.

Motions must contain a certificate of conference, certificate of service, and an appropriate order.

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

Criminal cases

Applies to

Motion

Must include

proposed order

All motions should be accompanied by a proposed order stating the specific relief sought.

A proposed order containing the specific relief sought should accompany all motions.

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

Criminal cases

Applies to

Motion to suppress

Motions to suppress must be specific and comply with local rules or they will be struck.

Motions to Suppress must be specific and must be in compliance with the local rules. Motions not in conformity therewith will be struck.

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

Criminal cases

Applies to

Proposed voir dire questions and jury instructions

Counsel must file proposed voir dire questions and jury instructions before final pretrial.

Prior to final pretrial, Counsel must file proposed voir dire questions and proposed jury instructions.

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

Criminal cases

Applies to

Exhibits

Before final pretrial, the offering party must mark each exhibit with the party’s identity, case number, and exhibit number.

The offering party will mark its exhibits with the party’s identity, case number, and exhibit number on each exhibit to be offered. Each exhibit must be marked prior to final pretrial.

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

Criminal cases

Applies to

Pretrial motion

All pretrial motions, including motions to suppress, must comply with Local Criminal Rule 12; noncompliant suppression motions are waived and unsupported pretrial motions will not be entertained.

All pretrial motions, including motions to suppress, must comply with Local Criminal Rule 12 (Criminal Pretrial Motion Practice). Motions to suppress not complying with Local Rule 12 will be considered waived. The Court will not entertain unsupported pretrial motions.

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

Criminal cases

Applies to

Pretrial motion

A pretrial motion must be written, state its specific basis, include supporting authority, and, if it raises factual issues, include an affidavit or declaration detailing the material facts.

A pretrial motion shall be in writing and state specifically the basis for the motion. The motion shall be supported by a statement of authority .... If the motion presents issues of fact, it shall be supported by affidavit or declaration which sets forth with particularity the material facts at issue.

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

Criminal cases

Applies to

Motion to suppress

Motions to suppress must allege specific facts.

Fifth Circuit precedent and the Local Rules establish that motions to suppress must allege specific facts.

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

Criminal cases

Applies to

Motion

Must include

proposed order, certificate of service, certificate of conference

All motions should include certificates of conference and service, and a proposed order.

All motions should include certificates of conference, certificates of service, and a proposed order.

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

Criminal cases

Applies to

Motion

Each covered motion must specifically state its grounds and the alleged facts supporting them.

Each motion shall specifically state the grounds, therefore, and the alleged facts supporting those grounds.

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

Criminal cases

Applies to

Motion

Failing to timely file a covered motion, request a hearing, or provide specific and supported objections waives those claims.

Failure to timely file such a motion, to request a hearing, or to comply with the requirement of specific and supported objections shall be considered a waiver of those claims.

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

Criminal cases

Applies to

Motion

Each motion must specifically state its grounds and the alleged facts supporting them.

Each motion shall specifically state the grounds, therefore, and the alleged facts supporting those grounds.

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

Criminal cases

Applies to

Motion

Non-specific form motions, multifarious motions or objections, and ambiguous or unsupported challenges are unacceptable and will be denied.

Non-specific form motions, multifarious motions or objections, and ambiguous or unsupported challenges shall not be acceptable, and all such motions will be denied.

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

Criminal cases

Applies to

Motion

Must include

proposed order, certificate of service, certificate of conference

Each motion must be accompanied by a hearing request, certificate of conference, certificate of service, and proposed order.

The motion shall be accompanied with a request for a hearing, certificate of conference, certificate of service, and proposed order.

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

Criminal cases

Applies to

Motion

Failure to timely file the motion, request a hearing, or provide specific and supported objections waives those claims.

Failure to timely file such a motion, to request a hearing, or to comply with the requirement of specific and supported objections shall be considered a waiver of those claims.

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

Civil cases

Applies to

Agreed order

Must include

proposed order

For the specified creditors’ motions, agreed orders may provide fees and costs up to $650; amounts above $650 require fee statements reflecting actual time incurred.

With respect to motions by oversecured creditors or by home lenders filing post-confirmation motions governed by ' 1322(b)(2), the Court will approve agreed orders (i) providing for attorneys= fees and costs not to exceed $650.00; and (ii) providing for attorneys= fees and costs exceeding $650.00 only upon a submission of fee statements reflecting actual time incurred.

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

Civil cases

Applies to

Motion to modify confirmed plan

The optional fixed-fee paragraph may not be used if the modification is first filed within 120 days of confirmation, regardless of counsel’s compensation arrangement.

8. ATTORNEYS’ FEES (Optional Paragraph. This paragraph may not be utilized if the modification is first filed within 120 days of confirmation regardless of whether counsel is compensated on a fixed or an hourly basis.) Debtor(s)’ counsel shall be paid $400.00 as a fixed fee for this modification.

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

Civil cases

Applies to

Exhibit list

The exhibit list must use a form similar to the one made available with the Court’s Procedures.

Prepare the list in a form similar to that made available with the Court’s Procedures.

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

Civil cases

Applies to

Electronic document production

Producing parties must provide load files identifying the location and unitization of the TIFF files.

Load files must be provided to indicate the location and unitization of the TIFF files.

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

Civil cases

Applies to

Attorney fee submission

Issues regarding attorney fees are to be submitted by affidavit after liability and damages are resolved.

The parties agree to submit issues regarding attorney fees by affidavit after resolution of liability and damages.

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

Civil cases

Applies to

Exhibit list

Exhibit lists may not be amended or supplemented after filing the Joint Pretrial Order without agreement.

Exhibit lists may not be amended or supplemented after the date the Joint Pretrial Order is filed unless by agreement.

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

Civil cases

Applies to

Exhibit

Each offering party must mark its exhibits with the party’s name, case number, and exhibit number.

Each offering party must mark its own exhibits. Include the party’s name, case number, and exhibit number on each exhibit.

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

Civil cases

Applies to

Exhibit

Parties must not provide the Court with copies of all exhibits.

Do not provide copies of all exhibits to the Court.

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

Civil cases

Applies to

Witness list

The witness-related filing must include the specified statement about notifying opposing counsel of additional witnesses, subject to the rebuttal and impeachment exception.

Include the following statement: “If any other witnesses will be called at the trial, their names, addresses, and the subject matter of their testimony will be reported to opposing counsel as soon as they are known. This restriction will not apply to rebuttal or impeachment witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial.”

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

Civil cases

Applies to

Brief

Counsel must ensure that every exhibit cited in a brief is in the record.

D. Counsel are to ensure that all exhibits referred to in their briefs are in the record.

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

Civil cases

Applies to

Exhibit list

Exhibit lists may not be amended or supplemented after filing the Joint Pretrial Order without agreement.

Exhibit lists may not be amended or supplemented after the date the Joint Pretrial Order is filed unless by agreement.

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

Civil cases

Applies to

Discovery response

Initial Discovery is subject to the supplementation and response-certification requirements of Federal Rules of Civil Procedure 26(e) and 26(g).

c. This Initial Discovery is subject to Federal Rule of Civil Procedure 26(e) on supplementation and Federal Rule of Civil Procedure 26(g) on certification of responses.

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

Civil cases

Applies to

Exhibit list

The exhibit list must use a form similar to the one made available with the Court’s Procedures.

Prepare the list in a form similar to that made available with the Court’s Procedures.

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

Civil cases

Applies to

Exhibits

Exhibits must comply with Section 20 of the Court’s Procedures, including its rules on objections and admission.

Follow Section 20 of the Court’s Procedures in all respects, including as to objection and admission of exhibits.

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

Civil cases

Applies to

Witness list

The witness list must be prepared according to Section 21 of the Court’s Procedures.

Prepare the list as per Section 21 of the Court’s procedures.

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

Civil cases

Applies to

Deposition designations

Deposition designations must be prepared according to Section 22 of the Court’s Procedures.

Prepare the designations as per Section 22 of the Court’s procedures.

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

Criminal cases

Applies to

Motion

Motions should be tailored to the case; rote motions are inappropriate.

Rote motions are inappropriate. All motions should be tailored to the case.

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

Criminal cases

Applies to

Courtesy copy

Courtesy copies should identify the docket number of the filed document.

Courtesy copies should designate the docket number of the filed document.

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

Criminal cases

Applies to

Motion

The Court will not grant a motion to blanketly adopt another party’s motions, and such motions should not be filed.

The Court will not grant a motion to blanketly adopt another party’s motions and such a motion should not be filed.

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

Criminal cases

Applies to

Proposed voir dire questions

Each proposed voir dire question must be written in question form.

Each proposed voir dire question must be in question form.

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

Criminal cases

Applies to

Jury instructions

Jury instructions must be concise, numbered, presented separately, and include supporting authority citations.

Jury instructions must be short, simple, and concise. Each should be numbered and presented on a separate sheet of paper with the citation of authority upon which counsel rely.

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Civil cases

Applies to

Continuance request ?

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

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

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Civil cases

Applies to

Discovery motion

Must include

certificate of conference ?

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

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

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Applies to

Non dispositive motion

Must include

certificate of conference

The court will strike non-dispositive motions that do not include a certificate of conference. See Southern District Local Rule 7.1.

Summary: Non-dispositive motions must include a certificate of conference or the court will strike them.

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Applies to

Amended pleading ?

Any party filing or moving to file an amended complaint, counterclaim, third-party complaint, or answer or reply thereto shall reproduce the entire pleading as amended and may not incorporate any part of a prior pleading by reference, except with leave of court.

Summary: Amended pleadings must reproduce the entire pleading as amended and may not incorporate any part of a prior pleading by reference except with leave of court.

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Applies to

Motion to amend pleading ?

A motion or stipulation to amend a pleading shall be accompanied by the proposed amended pleading in redline format, which must indicate in every respect how the proposed amended pleading differs from the pleading that it amends, by striking through the text to be deleted and underlining the text to be added.

Summary: A motion or stipulation to amend a pleading must include the proposed amended pleading in redline format showing deletions by strike-through and additions by underlining.

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Applies to

Non dispositive motion

Must include

proposed order

All non-dispositive motions must include a proposed order. Proposed orders must relate to the substance of the filed motion, be more than a mere “Grant/Deny” form, and include Judge Brown’s or Judge Edison’s signature block, as applicable.

Summary: All non-dispositive motions must include a proposed order that relates to the substance of the motion, goes beyond a mere Grant/Deny form, and includes the applicable judge's signature block.

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Applies to

Filing

A filing that contains more than 10 pages of argument must contain a short statement of the nature and stage of the proceeding, a short summary of the argument, and a table of authorities.

Summary: Filings containing more than 10 pages of argument must include a short statement of the nature and stage of the proceeding, a short summary of the argument, and a table of authorities.

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Applies to

Late filing

Any late filing must be accompanied by a motion for leave to file, or the court may strike it. The motion must provide an adequate excuse for why the party failed to request an extension of time in advance of the relevant deadline.

Summary: Late filings must be accompanied by a motion for leave to file with an adequate excuse for not requesting an extension in advance, or the court may strike them.

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Applies to

Proposed findings conclusions ?

Whether post-trial briefs are filed or not, the parties must file proposed findings of fact and conclusions of law. On a cases-by-case basis, the court may require proposed findings and conclusions to be filed before trial.

Summary: In bench trials, parties must file proposed findings of fact and conclusions of law regardless of whether post-trial briefs are filed, and the court may require them before trial on a case-by-case basis.

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Applies to

Social security appeal

Must include

caption ?

all social security appeals filed in the Galveston Division must be opened using only the claimants' first and last initials (e.g., A.Z. v. Commissioner) in the last name field

Summary: Social security appeals must be opened using only the claimant's first and last initials (e.g., A.Z. v. Commissioner) in the last name field to protect privacy.

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Applies to

Pleading motion or other paper

Must include

ai disclosure ?

Every pleading, motion, or other paper filed with the court must cite only legal authorities that the filing attorney or party has verified to exist. A paper that cites a nonexistent judicial decision or attributes fabricated language or a fabricated legal proposition to an authority will be struck from the record.

Summary: Every filing must cite only legal authorities verified to exist, and papers citing nonexistent decisions or fabricated language/propositions will be struck from the record.

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Criminal cases

Applies to

Motion

Must include

certificate of conference ?

Motions must conform with CrLR 12.2 and contain a certificate verifying that opposing counsel was consulted but no agreement could be reached.

Summary: Motions must conform with CrLR 12.2 and include a certificate verifying that opposing counsel was consulted but no agreement could be reached.

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Criminal cases

Applies to

Motion

If the motion presents issues of fact, it shall be supported by affidavit or declaration that sets forth with particularity the material facts at issue.

Summary: Motions presenting issues of fact must be supported by an affidavit or declaration setting forth the material facts with particularity.

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Criminal cases

Applies to

Brief ?

All memoranda of law must contain items 3, 4, 6, and 7 below.

Summary: All memoranda of law must contain items 3, 4, 6, and 7 (statement of the issues with standard of review, succinct headings, and a short conclusion; item 3 is not shown in the provided excerpt).

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Criminal cases

Applies to

Brief ?

Must include

proposed order ?

Any memorandum that has more than ten (10) pages of argument must contain the following eight (8) items.

Summary: Memoranda with more than 10 pages of argument must contain eight items: a table of contents, a table of citations, a statement of the issues with standard of review, a summary of the argument, succinct headings, a short conclusion, and proposed orders (item 3 is not shown in the provided excerpt).

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Criminal cases

Applies to

Motion to suppress

Motions to Suppress must be pleaded with specificity and not filed solely for discovery. They must also be in compliance with the Local Rules. Motions not in conformity therewith will be struck.

Summary: Motions to suppress must be pleaded with specificity, not filed solely for discovery, and comply with the Local Rules, or they will be struck.

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Criminal cases

Applies to

Filing

Attorneys and self-represented litigants must ensure that any filing prepared with the assistance of generative artificial intelligence (e.g., ChatGPT, Harvey.AI, or similar tools) is thoroughly reviewed for factual and legal accuracy prior to submission.

Summary: Any filing prepared with the assistance of generative AI must be thoroughly reviewed for factual and legal accuracy before submission.

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Criminal cases

Applies to

Proposed jury instructions ?

Each requested instruction must be numbered and supported by authority.

Summary: Each proposed jury instruction must be numbered and supported by authority.

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Criminal cases

Applies to

Motion in limine

Additionally, if counsel harbors doubt as to whether his or her anticipated conduct at trial will violate the rules or expectations, counsel must seek permission to take that action in a motion in limine, Failure to ask permission prior to taking a potentially prohibited action may result in sanctions.

Summary: Counsel who doubt whether planned trial conduct is permitted must seek permission via a motion in limine, and failure to ask first may result in sanctions.

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Criminal cases

Applies to

Proposed conclusions of law

Each proposed conclusion of law will contain citation to legal authority supporting the conclusions.

Summary: Each proposed conclusion of law must contain citation to supporting legal authority.

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Criminal cases

Applies to

Proposed voir dire questions

Counsel will be generally allowed fifteen (15) to thirty (30) minutes (depending on the complexity of the case) to conduct an examination of the venire, provided that the proposed voir dire questions are submitted in advance to the Court.

Summary: Counsel generally get 15 to 30 minutes for voir dire examination, provided their proposed voir dire questions are submitted to the Court in advance.

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Criminal cases

Applies to

Jers evidence files ?

This is the only method by which evidence may be submitted, and the parties must submit all files on a single storage device to the Judicial Assistant by noon on the day before trial.

Summary: All trial evidence must be submitted via JERS on a single storage device to the Judicial Assistant by noon the day before trial.

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Criminal cases

Applies to

Exhibits

All exhibits must be marked and exchanged among counsel prior to trial. The offering party will mark each of his/her own exhibits with the party=s name, case number, and exhibit number.

Summary: All exhibits must be marked and exchanged among counsel before trial, with the offering party marking each exhibit with party name, case number, and exhibit number.

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Criminal cases

Applies to

Objections to psi report ?

Legal objections to the PSI Report require citations to supporting and contrary authority. When filing objections, counsel must note if the issue has been decided by binding or non-binding precedent and/or if the objection is being filed merely to preserve the issue for further appellate review.

Summary: Legal objections to the PSI Report must cite supporting and contrary authority and note whether the issue has been decided by binding or non-binding precedent or is filed merely to preserve the issue for appellate review.

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Criminal cases

Applies to

Variance request ?

Requests for variances must be supported by a factual basis and cite supporting legal authority.

Summary: Variance requests must be supported by a factual basis and cite supporting legal authority.

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Criminal cases

Applies to

Paroline memorandum ?

The Government must confer with the defendant’s counsel on restitution requests and clearly denote the amount, if any, the defendant offered for each identifiable victim.

Summary: The Government must confer with defense counsel on restitution requests and clearly denote the amount, if any, the defendant offered for each identifiable victim.

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Criminal cases

Applies to

Notice of prior bad acts ?

The Government shall not introduce prior bad acts without giving the Defendant proper notice and obtaining a ruling from the Court. See Fed. R. Evid. 404(b)(3).

Summary: The Government must give the Defendant proper notice and obtain a court ruling before introducing prior bad acts evidence.

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Criminal cases

Applies to

Notice of affirmative defenses ?

The Defendant must provide the Government proper notice of the affirmative defenses he or she wishes to raise. See, e.g., Fed. R. Crim. P. 12.1–12.3.

Summary: The Defendant must provide the Government proper notice of any affirmative defenses the Defendant intends to raise.

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Criminal cases

Applies to

Expert witness notice ?

All parties must provide proper notice of expert witness testimony. See Fed. R. Crim. P. 16.

Summary: All parties must provide proper notice of expert witness testimony before trial.

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Criminal cases

Applies to

Pro hac vice motion ?

Has applicant been sanctioned by any bar association or court? Yes No On a separate sheet for each sanction, please supply the full particulars.

Summary: A pro hac vice admission motion must disclose whether the applicant has been sanctioned by any bar association or court, with full particulars of each sanction supplied on a separate sheet.

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Criminal cases

Applies to

Pro hac vice motion ?

*I understand that the Court requires strict compliance with the Local Rules for the Southern District of Texas and the Court Procedures for District Judge Garcia Marmolejo, which are applicable to cases assigned to Judge Garcia Marmolejo. The rules are available by visiting the Court's website.

Summary: The pro hac vice motion must bear a signed attestation acknowledging strict compliance with the Local Rules for the Southern District of Texas and Judge Garcia Marmolejo's Court Procedures.

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Applies to

Telephone conference request ?

Telephone conferences are allowable, but only in limited circumstances. Requests for telephone conferences shall be made by motion form. The request shall indicate the agreement of all parties to appear by telephone.

Summary: Telephone conferences are allowed only in limited circumstances, and requests must be made by motion form indicating the agreement of all parties to appear by telephone.

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Applies to

Motion

Must include

certificate of conference

All motions must contain a certificate of conference stating that counsel and pro se parties have conferred regarding the substance of the relief requested, stating whether the relief is opposed or unopposed.

Summary: Every motion must include a certificate of conference stating that the parties conferred on the substance of the relief requested and whether the relief is opposed or unopposed.

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Applies to

Motion

Must include

proposed order

All motions must be accompanied by a separate proposed order.

Summary: Every motion must be accompanied by a separate proposed order.

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Applies to

Application for immediate relief

Must include

certificate of conference ?

Applications for immediate relief will be presented to the Court by the Case Manager only after counsel has either (1) affirmed that the opposing party has been contacted, and that both parties can be available for a conference before the Court, or (2) provided an explanation of why such contact has not been made.

Summary: Emergency applications will be presented to the Court only after counsel affirms the opposing party was contacted and both parties can attend a conference, or explains why contact was not made.

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Applies to

Pro hac vice motion ?

Must include

local rule certificate ?

Motions for admission pro hac vice must include an averment that counsel have familiarized themselves with the Local Rules of the Southern District of Texas and these Procedures.

Summary: Pro hac vice admission motions must include an averment that counsel have familiarized themselves with the Local Rules of the Southern District of Texas and these Procedures.

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Applies to

Motion

No separate memorandum of law. All motions must include the arguments and relief sought. Do not file a separate memorandum of law.

Summary: Motions must contain the arguments and relief sought; a separate memorandum of law must not be filed.

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Applies to

Motion

Must include

proposed order

Proposed order. All motions, except those for summary judgment, must be accompanied by a separate proposed order.

Summary: Every motion except summary judgment motions must be accompanied by a separate proposed order.

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Applies to

Brief ?

Except for habeas corpus/prisoner petitions and Social Security appeals, all following sections, and in the following order: • table of contents; • table of authorities; • statement of issues; • standard of review; • summary of the argument; • argument, complete with descriptive headings; • a short conclusion stating the precise relief sought; and • certificates, see § 5(a)(v), infra.

Summary: Except in habeas corpus/prisoner petitions and Social Security appeals, briefs must contain, in order, a table of contents, table of authorities, statement of issues, standard of review, summary of the argument, headed argument, a short conclusion stating the precise relief sought, and certificates.

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Applies to

Motion

Must include

certificate of conference

Except for summary judgment motions, all motions must contain a certificate of conference stating that counsel and pro se parties have conferred regarding the substance of the relief requested, and stating whether the requested relief is opposed. If the movant was unable to obtain a response, the certificate of conference must reflect that the movant made at least two attempts to ascertain whether the relief is opposed and detail the specific attempts to obtain a response (i.e., number of attempts, method of communication used, and date and time of attempts).

Summary: All motions except summary judgment motions must include a certificate of conference stating that counsel and pro se parties conferred and whether the relief is opposed; if no response was obtained, the certificate must detail at least two documented attempts to confer.

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Applies to

All filings

Must include

certificate of service

All filings must include a certificate of service stating the manner that the filing was served on all other parties.

Summary: Every filing must include a certificate of service stating how the filing was served on all other parties.

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Applies to

Brief

Must include

word count

All briefs must include a certificate of compliance that states the number of words in the filing, including headings and footnotes, but excluding the portions of the filing exempted from the word-count limitation.

Summary: All briefs must include a certificate of compliance stating the word count, which counts headings and footnotes but excludes portions exempted from the word-count limitation.

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Applies to

All filings ?

A filing that does not include all required certificates will be stricken.

Summary: Any filing missing a required certificate will be stricken.

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Applies to

Joint discovery case management plan ?

Must include

proposed order ?

Use the form available at https://www.txs.uscourts.gov/sites/txs/files/jdcmp.pdf. All parties must sign the plan, which the plaintiff must file. Include a proposed scheduling order that uses Form A attached to these procedures.

Summary: The joint discovery/case management plan must use the court's JDCMP form, be signed by all parties, be filed by the plaintiff, and include a proposed scheduling order using Form A.

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Applies to

Joint pretrial order

Plaintiff must file the joint pretrial order. If the plaintiff fails to do so, then the defendant must file the defendant's portions of the document in the prescribed format.

Summary: The plaintiff must file the joint pretrial order; if the plaintiff fails, the defendant must file the defendant's portions in the prescribed format.

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Applies to

Joint pretrial order

Failure to timely file a joint pretrial order will subject counsel and parties to sanctions that could include dismissal for want of prosecution, other relief, or both. This includes parties appearing pro se.

Summary: Failure to timely file a joint pretrial order exposes counsel and parties, including pro se parties, to sanctions that can include dismissal for want of prosecution.

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Applies to

Trial preparation documents ?

On the same day that the joint pretrial order is filed, each party must file a separate copy of the following documents: exhibit list; objections to another party's proposed exhibits, explaining the basis for the objection; witness list; designations of deposition excerpts; memorandum of law on all contested legal issues; proposed questions for the jury panel; and motions in limine.

Summary: On the same day the joint pretrial order is filed, each party must separately file an exhibit list, exhibit objections, witness list, deposition designations, memorandum of law on contested legal issues, proposed jury panel questions, and motions in limine.

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Applies to

Proposed jury charge

Jury charge and verdict form. For jury trials, the parties must file a single, joint proposed jury charge and separate

Summary: For jury trials, the parties must file a single, joint proposed jury charge (sentence continues beyond the excerpt; the section also covers the verdict form).

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Applies to

Proposed jury charge ?

Every requested instruction, definition, and question must be numbered and substantiated (in footnotes) with authority. Identify any modifications to language from pattern jury charges.

Summary: Every requested jury instruction, definition, and question must be numbered, substantiated with authority in footnotes, and identify modifications from pattern jury charges.

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Applies to

Proposed findings conclusions ?

Non-jury trials. Each party must file proposed findings of fact and conclusions of law with the joint pretrial order. This document must, at minimum, address (a) the facts and evidence relevant to each cause of action and asserted defense; and (b) the legal authority, complete with citations, supporting the party's positions.

Summary: In non-jury trials, each party must file proposed findings of fact and conclusions of law with the joint pretrial order, addressing the facts and evidence for each claim and defense and supporting legal authority with citations.

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Applies to

Trial notebooks and exhibit binders ?

At least four days before the start of trial, the parties must jointly submit two sets of each of the following, printed double-sided, placed in binders of 4-inches or less, and complete with an index and corresponding tabs: the joint pretrial order; the parties' exhibit lists, witness lists, deposition designations, and the joint proposed jury charge and verdict form or proposed findings of fact or conclusions of law, whichever is applicable

Summary: At least four days before trial, the parties must jointly submit two sets of trial notebooks and exhibit binders containing the joint pretrial order, exhibit lists, witness lists, deposition designations, and the proposed jury charge/verdict form or findings and conclusions (list continues beyond the excerpt).

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Applies to

Memorandum of law

Separately, each party (or side) must file a memorandum of law that addresses these issues in greater depth.

Summary: Each party (or side) must separately file a memorandum of law addressing the contested legal issues in greater depth.

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Applies to

Exhibit list ?

Each party must attach two copies of a list (see Attachment A for sample form) of all exhibits expected to be offered. Each party must make the exhibits available for examination by the opposing parties.

Summary: Each party must attach two copies of an exhibit list (using the Attachment A sample form) for all expected exhibits and make the exhibits available for examination by opposing parties.

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Applies to

Jury trial attachments ?

Jury trials. For jury trials, submit the following: (a) proposed questions for the venire panel; (b) proposed jury instructions, definitions—with each instruction and definition numbered, presented on a separate page, and supported by citations to authority—and a separate proposed verdict form; and (c) memorandum of law.

Summary: For jury trials, parties must submit proposed venire questions, proposed jury instructions and definitions with a separate proposed verdict form, and a memorandum of law.

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Applies to

Proposed findings conclusions ?

Non-jury trials. For bench trials, submit proposed findings of fact and conclusions of law.

Summary: For bench trials, parties must submit proposed findings of fact and conclusions of law.

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Civil cases

Applies to

Proposed voir dire questions

Proposed voir dire questions must be filed with the clerk with the Joint Pretrial Order.

Summary: Proposed voir dire questions must be filed with the clerk together with the Joint Pretrial Order.

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Civil cases

Applies to

Deposition designation ?

Counsel will designate the portion of any deposition to be read by citing page and line numbers in the Joint Pretrial Order.

Summary: Deposition designations for portions to be read at trial must cite page and line numbers in the Joint Pretrial Order.

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Civil cases

Applies to

Pretrial motion

Must include

certificate of conference

Parties are expected to make a good faith effort to confer about the disposition of all pretrial motions. All pretrial motions must contain a certificate of conference.

Summary: All pretrial motions must contain a certificate of conference, and parties must make a good faith effort to confer before filing.

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Civil cases

Applies to

Certificate of conference ?

A certificate stating that the moving party has been unable to reach agreement with another party will be sufficient only if it specifies: a. The name of the opposing counsel with whom movant's counsel has conferred or attempted to confer; b. If counsel have not been able to confer, the date and time of all attempts to contact opposing counsel; and c. If counsel have conferred but have been unable to reach agreement, the precise nature of the disagreement.

Summary: A certificate of conference stating that no agreement was reached is sufficient only if it identifies the opposing counsel contacted, the date and time of all contact attempts (if conferral failed), and the precise nature of any disagreement.

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Civil cases

Applies to

Response

Responses, replies, and sur-replies must reference the docket entry number of the motion being responded to, preferably in the first paragraph.

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Civil cases

Applies to

Supplemental filing

After the motion, response, reply, and sur-reply are filed, the Court will not entertain any additional or supplemental filings unless they are accompanied by a motion for leave to file. The motion for leave to file must explain why the argument, evidence, or legal authority contained in the additional filing was not included in earlier documents already in the record and state a specific reason why the Court should grant the motion for leave in the interests of justice.

Summary: After briefing is complete, additional or supplemental filings require a motion for leave to file explaining why the material was not included earlier and why leave should be granted in the interests of justice.

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Civil cases

Applies to

Brief

Any brief or memorandum with more than 10 pages of argument must also contain the following items: Table of Contents: setting forth the page number of each section, including all headings designated in the body of the brief or memorandum. Table of Authorities: listing cases, statutes, rules, textbooks, and other authorities, arranged alphabetically by category. Statement of the Nature and Stage of the Proceeding.

Summary: Briefs or memoranda with more than 10 pages of argument must also include a Table of Contents, a Table of Authorities, and a Statement of the Nature and Stage of the Proceeding.

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Civil cases

Applies to

Motion

Must include

proposed order

All motions should be accompanied by a proposed order stating the exact relief sought.

Summary: Every motion must be accompanied by a proposed order stating the exact relief sought.

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Civil cases

Applies to

Motion to dismiss 12b6 or judgment on pleadings 12c ?

Must include

certificate of conference ?

No motion to dismiss for failure to state a claim or counterclaim under FED. R. CIV. P. 12(b)(6), or motion for judgment on the pleadings on a claim or counterclaim under FED. R. CIV. P. 12(c), will be considered or decided unless the moving party includes a certification that, before filing the motion, the movant notified the opposing party of the issues asserted in the motion and the parties tried but could not agree that the pleading deficiency could be cured in any part by a permissible amendment offered by the pleading party. The movant may comply with this rule

Summary: Rule 12(b)(6) motions to dismiss and Rule 12(c) motions for judgment on the pleadings must include a certification that the movant notified the opposing party of the issues and the parties tried but could not agree on a curative amendment, or the motion will not be considered.

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Civil cases

Applies to

Motion to dismiss

motion to dismiss. A motion that does not contain the required certification may be stricken without further notice.

Summary: Motions to dismiss must contain the required certification, and motions lacking it may be stricken without further notice.

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Civil cases

Applies to

Proposed conclusions of law

Each proposed conclusion of law must cite supporting authority.

Summary: Each proposed conclusion of law submitted for non-jury trial must cite supporting authority.

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Civil cases

Applies to

Discovery motion

Must include

certificate of conference ?

hear discovery motions unless moving counsel has advised the Court, in the motion, that counsel have conferred in a good faith effort to resolve the matters in dispute but are unable to reach an agreement. If counsel have been unable to confer because of unavailability or unwillingness of opposing counsel to do so, the statement shall recite the facts concerning attempts to confer.

Summary: Discovery motions must include a statement that counsel conferred in good faith to resolve the disputes but could not reach agreement, and if conferral was impossible due to opposing counsel's unavailability or unwillingness, the statement must recite the facts of the attempts to confer.

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Civil cases

Applies to

Pretrial disclosure ?

Each party must provide the following information to the other side: a. The identity of witnesses, including separately identifying which witnesses the party intends to present and those that it may call if the need arises. b. The designation of those witnesses whose testimony is expected to be presented by deposition, including a transcript of the pertinent portions of testimony to be presented. Use of depositions will be governed by the Federal Rules, unless leave of Court is obtained. c. The appropriate identification of each document or exhibit to be represented, including any summaries, separately identifying which documents the party expects to present and those that the party may present if the need arises.

Summary: Pretrial disclosures must identify the party's witnesses (separately marking will-present and may-call witnesses), deposition designations with the pertinent transcript portions, and each document or exhibit to be presented, including summaries.

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Civil cases

Applies to

Joint pretrial order

Follow the form distributed by the Court, adapting it within reason to the size and type of case. The Joint Pretrial Order must be signed by all counsel.

Summary: The Joint Pretrial Order must follow the Court's distributed form and be signed by all counsel.

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Civil cases

Applies to

Pretrial documents ?

Must include

caption, certificate of service ?

With the filing of the Joint Pretrial Order, each party must file the following documents separately (captioned, signed by counsel, and with service certified):

Summary: Documents filed with the Joint Pretrial Order must be filed separately, captioned, signed by counsel, and with service certified.

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Civil cases

Applies to

Jury trial documents ?

Jury Trials: a. Proposed voir dire questions, proposed jury instructions, definitions, and interrogatories.

Summary: In jury trials, each party must file proposed voir dire questions, proposed jury instructions, definitions, and interrogatories with the Joint Pretrial Order.

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Civil cases

Applies to

Trial and hearing filings ?

Parties must file their exhibit list, objections to the exhibits and their witness list for all trials and hearings. (See attached form).

Summary: Parties must file their exhibit list, objections to exhibits, and witness list for all trials and hearings using the attached form.

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Civil cases

Applies to

Written objections to exhibits ?

Subject to Section 11A which controls, the Court will admit all exhibits listed in the Final Joint Pretrial Order into evidence unless opposing counsel files written objections supported by authority pursuant to the requirements of Rule 26(3)(B). Counsel are expected to be prepared to address the admission exhibits at the pretrial conference.

Summary: Exhibits listed in the Final Joint Pretrial Order will be admitted unless opposing counsel files written objections supported by authority under Rule 26(3)(B), and counsel must be prepared to address admission exhibits at the pretrial conference.

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Civil cases

Applies to

Deposition objection ?

Objections to those portions, citing page and line numbers, with supporting authority must be filed at least three (3) business days before the final pretrial conference.

Summary: Objections to deposition designations must cite page and line numbers and include supporting authority.

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Civil cases

Applies to

Deposition exhibit list ?

In a non-jury trial, counsel shall provide a list of the portions of the depositions offered as an exhibit, citing page and line numbers and an edited portion of the deposition for the Court's use and the judge will read all deposition evidence.

Summary: In non-jury trials, counsel must provide a list of deposition portions offered as exhibits (citing page and line numbers) plus an edited portion of the deposition for the Court's use.

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Civil cases

Applies to

Settlement announcement ?

Announcements must be received in writing and shall always include how the court costs are to be divided.

Summary: Settlement announcements must always state how the court costs are to be divided.

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Civil cases

Applies to

Joint motion for attorney ad litem ?

Upon settlement of a lawsuit or prior to any mediation or other ADR procedure of a case involving a minor plaintiff, counsel will jointly move for appointment of an attorney ad litem if there is potential conflict of interest between the parent(s) and the minor.

Summary: In minor-plaintiff cases with a potential conflict of interest between parents and the minor, counsel must jointly move for appointment of an attorney ad litem upon settlement or before any mediation/ADR.

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Civil cases

Applies to

Proposed attorneys ad litem

If counsel cannot agree on an attorney ad litem, each counsel will submit the names of three proposed attorneys ad litem, and the Court will appoint one.

Summary: If counsel cannot agree on an attorney ad litem, each counsel must submit the names of three proposed attorneys ad litem and the Court will appoint one.

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Civil cases

Applies to

Joint case management plan

At least 14 days before the conference, counsel must file a joint case management plan listing the identities and purposes of witnesses, sources and types of documents, and other requirements for a prompt and inexpensive preparation of this case for disposition by motion or trial.

Summary: The joint case management plan must list the identities and purposes of witnesses, sources and types of documents, and other requirements for prompt and inexpensive preparation of the case for disposition by motion or trial.

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Civil cases

Applies to

Motion to appear

Counsel in charge of a case must appear at all hearings or conferences. A motion to appear on behalf of the attorney-in-charge will be granted only upon showing of good cause, and only if the attorney to be substituted is familiar with the case and has authority to bind the client. The motion to appear must be ruled on in advance of the hearing or conference date.

Summary: Counsel in charge must appear at all hearings or conferences, and a motion to appear will be granted only upon good cause with a qualified substitute attorney and must be ruled on in advance of the hearing or conference date.

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Civil cases

Applies to

Joint discovery case management plan ?

State where and when the meeting of the parties required by Rule 26(f) was held and identify the counsel who attended for each party.

Summary: The joint discovery/case management plan must state where and when the Rule 26(f) meeting was held and identify the counsel who attended for each party.

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Civil cases

Applies to

Joint discovery case management plan ?

List the cases related to this one that are pending in any state or federal court with the case number and court.

Summary: The joint discovery/case management plan must list related cases pending in any state or federal court, with case numbers and courts.

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Civil cases

Applies to

Joint discovery case management plan ?

Specify the allegation of federal jurisdiction.

Summary: The joint discovery/case management plan must specify the allegation of federal jurisdiction.

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Civil cases

Applies to

Joint discovery case management plan ?

Name the parties who disagree and the reasons.

Summary: The joint discovery/case management plan must name the parties who disagree and the reasons for their disagreement.

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Civil cases

Applies to

Joint discovery case management plan ?

List anticipated additional parties that should be included, when they can be added, and by whom they are wanted.

Summary: The joint discovery/case management plan must list anticipated additional parties, when they can be added, and by whom they are wanted.

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Civil cases

Applies to

Joint discovery case management plan ?

List anticipated interventions.

Summary: The joint discovery/case management plan must list anticipated interventions.

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Civil cases

Applies to

Joint discovery case management plan ?

Describe class-action issues.

Summary: The joint discovery/case management plan must describe class-action issues.

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Civil cases

Applies to

Joint pretrial order ?

7. Contested Issues of Fact. List all material facts in bona fide controversy.

Summary: The joint pretrial order must list all material facts in bona fide controversy.

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Civil cases

Applies to

Joint discovery case management plan ?

State whether each party represents that it has made the initial disclosures required by Rule 26(a). If not, describe the arrangements that have been made to complete the disclosures.

Summary: The joint discovery/case management plan must state whether each party has made its Rule 26(a) initial disclosures and, if not, describe the arrangements made to complete them.

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Civil cases

Applies to

Joint discovery case management plan ?

Describe the proposed agreed discovery plan, including: A. Responses to all the matters raised in Rule 26(f).

Summary: The joint discovery/case management plan must describe the proposed agreed discovery plan, including responses to all matters raised in Rule 26(f).

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Civil cases

Applies to

Discovery plan ?

C. When and to whom the defendant anticipates it may send interrogatories. D. Of whom and by when the plaintiff anticipates taking oral depositions. E. Of whom and by when the defendant anticipates taking oral depositions. F. When the plaintiff (or the party with the burden of proof on an issue) will be able to designate experts and provide the reports required by Rule 26(a)(2)(B) and when the opposing party will be able to designate responsive experts and provide their reports. G. List expert depositions the plaintiff (or the party with the burden of proof on an issue) anticipates taking and their anticipated completion date. See Rule 26(a)(2)(B) (expert report). H. List expert depositions the opposing party anticipates taking and their anticipated completion date. See Rule 26(a)(2)(B) (expert report).

Summary: The discovery plan must describe planned interrogatories, oral depositions for each party, expert designations and Rule 26(a)(2)(B) reports, and anticipated expert depositions with completion dates.

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Civil cases

Applies to

Discovery plan

10. If the parties are not agreed on a part of the discovery plan, describe the separate views and proposals of each party. 11. Specify the discovery beyond initial disclosures that has been undertaken to date. 12. State the date the planned discovery can reasonably be completed.

Summary: The discovery plan must describe any disagreements between the parties, discovery undertaken to date, and the date planned discovery can reasonably be completed.

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Civil cases

Applies to

Discovery plan ?

13. Describe the possibilities for a prompt settlement or resolution of the case that were discussed in your Rule 26(f) meeting. 14. Describe what each party has done or agreed to do to bring about a prompt resolution. 15. From the attorneys' discussion with the client, state the alternative dispute resolution techniques that are reasonably suitable and state when such a technique may be effectively used in this case.

Summary: The discovery plan must describe settlement possibilities discussed at the Rule 26(f) meeting, each party's steps toward prompt resolution, and suitable ADR techniques with their effective timing.

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Civil cases

Applies to

Discovery plan ?

16. Magistrate judges may now hear jury and non-jury trials. Indicate the parties' joint position on a trial before a magistrate judge. 17. State whether a jury demand has been made and if it was made on time. 18. Specify the number of hours it will take to present the evidence in this case.

Summary: The discovery plan must state the parties' joint position on trial before a magistrate judge, whether a timely jury demand was made, and the number of hours needed to present the evidence.

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Civil cases

Applies to

Discovery plan ?

19. List pending motions that could be ruled on at the initial pretrial and scheduling conference. 20. List other motions pending.

Summary: The discovery plan must list all pending motions, identifying those that could be ruled on at the initial pretrial and scheduling conference.

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Civil cases

Applies to

Discovery plan ?

22. List the names, bar numbers, addresses and telephone numbers of all counsel.

Summary: The discovery plan must list the names, bar numbers, addresses, and telephone numbers of all counsel.

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Civil cases

Applies to

Discovery plan ?

Counsel for Plaintiff(s)_________________________ Date____________________ Counsel for Defendant(s)_______________________ Date_____________________

Summary: The discovery plan must be signed and dated by counsel for the plaintiffs and counsel for the defendants.

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Civil cases

Applies to

Joint pretrial order ?

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

Summary: The joint pretrial order must list each party, its counsel, and counsel's address and telephone number in separate paragraphs.

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Civil cases

Applies to

Joint pretrial order ?

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 of the facts and parties; include names, dates, and places.

Summary: The joint pretrial order must include a brief statement of the case suitable for reading to the jury panel, including names, dates, and places.

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Civil cases

Applies to

Joint pretrial order ?

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

Summary: The joint pretrial order must briefly specify the basis for the Court's jurisdiction and state any unresolved jurisdictional question.

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Civil cases

Applies to

Joint pretrial order ?

4. Motions. List pending motions.

Summary: The joint pretrial order must list all pending motions.

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Civil cases

Applies to

Joint pretrial order ?

5. Contention of the Parties. State concisely in separate paragraphs each party's claims.

Summary: The joint pretrial order must state each party's claims concisely in separate paragraphs.

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Civil cases

Applies to

Joint pretrial order ?

6. Admission of Fact. List all facts that require no proof.

Summary: The joint pretrial order must list all facts that require no proof.

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Civil cases

Applies to

Joint pretrial order ?

8. Agreed Propositions of Law. List the legal propositions that are not in dispute.

Summary: The joint pretrial order must list the legal propositions that are not in dispute.

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Civil cases

Applies to

Joint pretrial order ?

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

Summary: The joint pretrial order must briefly state the unresolved questions of law with supporting authorities for each.

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Civil cases

Applies to

Exhibit list ?

A. On a separate form similar to the one provided by the Clerk, each party will attach four lists of all exhibits expected to be offered and will make the exhibits available before trial, except for rebuttal exhibits or those whose use cannot be anticipated.

Summary: Each party must attach four exhibit lists on a separate form similar to the Clerk's form and make the exhibits available before trial, except rebuttal exhibits or those whose use cannot be anticipated.

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Civil cases

Applies to

Witness list ?

A. On a separate form, 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.

Summary: Each party must attach four witness lists on a separate form with names, addresses, and a brief statement of the nature of each witness's testimony.

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Civil cases

Applies to

Joint pretrial order ?

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

Summary: The joint pretrial order must state that all settlement efforts have been exhausted and the case will have to be tried.

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Civil cases

Applies to

Pretrial order attachments ?

Must include

caption, certificate of service ?

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

Summary: Pretrial order attachments must be captioned, signed by counsel, filed with service certified, and submitted in duplicate.

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Civil cases

Applies to

Jury trial attachments ?

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

Summary: For a jury trial, the required attachments include proposed voir dire questions and a proposed charge with instructions, definitions, and special interrogatories, with authority.

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Civil cases

Applies to

Proposed findings of fact

(1) Proposed findings of fact with agreed and contested ones separated.

Summary: Proposed findings of fact must be submitted with agreed findings separated from contested findings.

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Civil cases

Applies to

Conclusions of law

(2) Conclusions of law with authority.

Summary: Proposed conclusions of law must be submitted with supporting cited authority.

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Civil cases

Applies to

Pretrial order ?

Approved: _______________________________________ Date:_______________________ Attorney-in-Charge, Plaintiff _______________________________________ Date:_______________________ Attorney-in-Charge, Defendant

Summary: The pretrial submission must include approval signature and date blocks for the attorney-in-charge of both plaintiff and defendant.

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Civil cases

Applies to

Exhibit list

Must include

caption, judge name, case number ?

HOUSTON DIVISION versus CIVIL ACTION NO. H- EXHIBIT LIST LIST OF: COUNSEL: TYPE OF HEARING: JUDGE: CLERK: REPORTER: ANDREW S. HANEN RHONDA HAWKINS NO. 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.

Summary: Exhibit lists must be submitted on the court's prescribed form, which requires a caption with civil action number, fields for list of/counsel/type of hearing/judge/clerk/reporter, and numbered rows showing each exhibit's description with offered, objection, admitted, and date columns.

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Civil cases

Applies to

Witness list ?

Manager, marshal, and court reporter with a list of witnesses showing the order in which they are likely to be called.

Summary: A witness list showing the order in which witnesses are likely to be called must be provided to the Case Manager, marshal, and court reporter.

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Civil cases

Applies to

Confidentiality agreement ?

The Confidential Information may be displayed to and discussed with the persons identified in Paragraphs 4(c) and (d) only on the condition that prior to any such display or discussion, each such person shall be asked to sign an agreement to be bound by this Order in the form attached hereto as Exhibit A.

Summary: Before displaying or discussing Confidential Information with consultants, experts, or deposition witnesses, each such person must be asked to sign an agreement to be bound by the Order in the form of Exhibit A.

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Civil cases

Applies to

Brief

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

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

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Applies to

Joint discovery case management plan

A Joint Discovery/Case Management Plan, in the form found on Judge Brown's homepage, must be filed at least 10 days before the Rule 16 conference.

Summary: The Joint Discovery/Case Management Plan must be in the form found on Judge Brown's homepage.

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Applies to

Proposed order ex parte admiralty ?

Must include

judge name ?

Proposed orders in ex parte admiralty matters should include a signature block for Judge Edison.

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Criminal cases

Applies to

Agreed motion for continuance ?

Must include

proposed order

Agreements or joint motions among counsel for continuance are not binding on the Court. Parties must notify the Court of agreed continuances by submitting an agreed motion and proposed order.

Summary: Agreements or joint motions for continuance are not binding on the Court; parties must notify the Court of agreed continuances by submitting an agreed motion and proposed order.

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Criminal cases

Applies to

Motion pro hac vice ?

Must include

local rule certificate ?

Motions for admission pro hac vice shall include the attorney-applicant's averment that he or she has familiarized him/herself with the Local Rules of the Southern District of Texas and these Procedures applicable to criminal cases before Judge Garcia Marmolejo.

Summary: Motions for admission pro hac vice must include the attorney-applicant's averment of familiarity with the Local Rules of the Southern District of Texas and these criminal procedures.

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Criminal cases

Applies to

Unopposed motion

An unopposed motion and its order must be indicated prominently in the caption.

Summary: Unopposed motions and their orders must be prominently indicated in the caption.

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Criminal cases

Applies to

Motion in limine

Motions in limine are not required but may be filed when a party seeks the Court's ruling on a unique or novel evidentiary dispute. The Court strongly discourages and may strike motions in limine that simply seek to have the Court admonish the other party to follow the Federal Rules of Evidence and Criminal Procedure or other well-known rules of jury trial practice, all of which counsel must understand and follow. See Attachment A, which enumerates a non-exhaustive list of basic trial rules and expectations that should not be included in a motion in limine.

Summary: Motions in limine are optional and reserved for unique or novel evidentiary disputes, and the Court may strike boilerplate motions in limine.

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Criminal cases

Applies to

Exhibits

Exhibits that are not easily stored in a file folder (e.g., posters, parts, or models) must be withdrawn after the completion of the trial and substituted with reduced reproductions or photographs.

Summary: Bulky exhibits that cannot be stored in a file folder must be withdrawn after trial and substituted with reduced reproductions or photographs.

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Applies to

Proposed order

Do not include the word “proposed” in the title of your proposed order.

Summary: The title of a proposed order must not include the word “proposed.”

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Applies to

Joint pretrial order

A template for the joint pretrial order is attached as Form B. Include all materials and information specified in that form.

Summary: The joint pretrial order must follow the Form B template and include all materials and information specified in that form.

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Applies to

Proposed jury charge ?

For all disputed items, include footnotes that identify (a) which party is requesting them; and (b) the opposing party's basis for disputing their inclusion.

Summary: All disputed jury charge items must include footnotes identifying the requesting party and the opposing party's basis for disputing their inclusion.

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Applies to

Joint pretrial order ?

List the parties and their respective counsel. Include the addresses, email address, and telephone numbers of counsel or any pro se parties.

Summary: The pretrial order's Appearance of Counsel section must list parties and their counsel with addresses, email addresses, and telephone numbers, including any pro se parties.

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Applies to

Joint pretrial order ?

Include a brief agreed statement of the case that the Court may read to the jury panel to ascertain whether the panel is acquainted with the facts or parties to the case. Include names, dates, and places.

Summary: The pretrial order must include a brief agreed statement of the case, with names, dates, and places, that the Court can read to the jury panel.

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Applies to

Joint pretrial order ?

Briefly explain why the Court has jurisdiction over the subject matter of the case and the parties. Identify any unresolved jurisdictional questions.

Summary: The pretrial order must briefly explain the Court's jurisdiction over the subject matter and the parties and identify any unresolved jurisdictional questions.

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Applies to

Joint pretrial order ?

List any pending motions, as well as the responses, replies, or objections.

Summary: The pretrial order must list all pending motions along with any responses, replies, or objections.

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Applies to

Joint pretrial order ?

In separate paragraphs, state concisely what each party claims.

Summary: The pretrial order must state each party's claims concisely in separate paragraphs.

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Applies to

Joint pretrial order ?

List all facts that the parties stipulate and agree are undisputed.

Summary: The Joint Pretrial Order must list all facts that the parties stipulate and agree are undisputed.

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Applies to

Joint pretrial order ?

List all disputed factual issues that are necessary to the final disposition of this case.

Summary: The Joint Pretrial Order must list all disputed factual issues necessary to the final disposition of the case.

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Applies to

Joint pretrial order ?

List all legal propositions that are not in dispute.

Summary: The Joint Pretrial Order must list all legal propositions that are not in dispute.

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Applies to

Joint pretrial order ?

Briefly state the disputed legal issues.

Summary: The Joint Pretrial Order must briefly state the disputed legal issues.

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Applies to

Witness list ?

List separately the names and addresses of witnesses who will be called and those who may be called and include a brief description of the subject matter and substance of their testimony to be presented and indicate whether the testimony will be offered in video form.

Summary: The pretrial submission must separately list the names and addresses of witnesses who will and may be called, with a brief description of their testimony and an indication of whether the testimony will be offered in video form.

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Applies to

Objections to video designations ?

Objections to the proposed designations (citing pages and lines) must include supporting authority must be filed at least 7 days before trial.

Summary: Objections to proposed video designations must cite pages and lines and include supporting authority.

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Applies to

Joint pretrial order ?

Include a statement explaining whether all settlement efforts have been exhausted and whether the case can reasonably be expected to settle.

Summary: The Joint Pretrial Order must include a statement on whether all settlement efforts have been exhausted and whether the case can reasonably be expected to settle.

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Applies to

Joint pretrial order ?

Provide the following information: (a) whether this is a jury or non-jury trial; (b) the probable length of trial; and (c) the availability of witnesses.

Summary: The Joint Pretrial Order must state whether the trial is jury or non-jury, the probable length of trial, and the availability of witnesses.

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Applies to

Joint pretrial order ?

Motions in limine. State whether any party is filing a motion in limine.

Summary: The Joint Pretrial Order must state whether any party is filing a motion in limine.

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Civil cases

Applies to

Motion for continuance

Must include

proposed order

Any motions for continuances should include a proposed order with the specific relief requested.

Summary: Motions for continuances should include a proposed order containing the specific relief requested.

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Civil cases

Applies to

Brief ?

Statement of the Issues to be Ruled upon by the Court: a short statement highlighting the issues before the Court with supporting authority and standard of review for each issue. Summary of the Argument: a short summary divided under appropriate headings and succinctly setting forth separate points. Conclusion: a short conclusion stating the precise relief sought.

Summary: Briefs must include a Statement of the Issues (with supporting authority and standard of review), a Summary of the Argument under appropriate headings, and a Conclusion stating the precise relief sought.

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Civil cases

Applies to

Motion

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 cited in support of or opposition to a motion must be referenced with specific pinpoint citations: page and line numbers for depositions, or page and paragraph numbers for other exhibits.

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Civil cases

Applies to

Brief memorandum motion ?

Please append copies of cases and the relevant portions of authorities that are cited in a brief, memorandum, or motion if the authorities are not found in the Federal Rules of Civil Procedure, United States Code, United States Supreme Court Reporter, Federal Reporter, Federal Rules Decisions, Federal Supplement, Southwestern Reporter Third, Vernon’s Revised Statutes and Codes Annotated, or through Westlaw.

Summary: Briefs, memoranda, and motions must append copies of cited cases and relevant portions of authorities unless they are found in the specified standard sources or Westlaw.

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Civil cases

Applies to

Appendix

Copies of any affidavits, exhibits, deposition testimony, or other discovery referenced should also be contained in the appendix.

Summary: The appendix must also contain copies of any referenced affidavits, exhibits, deposition testimony, or other discovery.

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Civil cases

Applies to

Appendix ?

All appendices should contain a paginated table of contents and should be tabbed such that the Court can locate the materials more readily.

Summary: All appendices must contain a paginated table of contents.

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Civil cases

Applies to

Joint case management plan

At least 14 days before the conference, counsel must file a joint case management plan including the identity and purpose of witnesses, sources and types of documents, and other requirements for a prompt and inexpensive preparation of the case for disposition by motion or trial. See FED. R. CIV. P. 26(f).

Summary: The joint case management plan must include the identity and purpose of witnesses, sources and types of documents, and other requirements for prompt and inexpensive preparation of the case.

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Civil cases

Applies to

Exhibit list ?

Counsel are advised to plan on the Court admitting only admissible, relevant, and needed exhibits. Wholesale listing of documents is burdensome to the Court and the jury and will not be allowed.

Summary: Counsel should list only admissible, relevant, and needed exhibits; wholesale listing of documents will not be allowed.

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Civil cases

Applies to

Receipt for withdrawal of exhibits

All exhibits must be withdrawn at the conclusion of the trial by the party that submitted the exhibit. Each party will sign a "Receipt for Withdrawal of Exhibits," after which all admitted exhibits will be returned to the appropriate party.

Summary: Parties must withdraw their exhibits at the conclusion of trial and sign a Receipt for Withdrawal of Exhibits, after which admitted exhibits are returned.

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Civil cases

Applies to

Corporate disclosure list ?

Counsel must promptly amend the list when parties are added or additional interested parties are identified.

Summary: Counsel must promptly amend the financial-interest disclosure list when parties are added or additional interested parties are identified.

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Civil cases

Applies to

Joint discovery case management plan ?

Please restate the instruction before furnishing the information.

Summary: When completing the joint discovery/case management plan, parties must restate each instruction before furnishing the requested information.

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Civil cases

Applies to

Exhibits

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

Summary: Parties must mark each exhibit with the date and case number.

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Civil cases

Applies to

Joint pretrial order ?

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

Summary: The joint pretrial order must state the estimated trial length and any logistical problems, including witness availability, out-of-state people, bulky exhibits, and documentation.

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Civil cases

Applies to

Motion to appear

Counsel in charge of a case must appear at all hearings or conferences. A motion to appear on behalf of the attorney-in-charge will be granted only upon showing of good cause, and only if the attorney to be substituted is familiar with the case and has authority to bind the client. The motion to appear must be ruled on in advance of the hearing or conference date.

Summary: A motion to appear on behalf of the attorney-in-charge requires good cause, familiarity with the case, and authority to bind the client.

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Criminal cases

Applies to

Proposed findings of fact

The Court strongly encourages counsel to reference testimony and exhibits that support each proposed finding of fact;

Summary: Counsel are strongly encouraged to reference supporting testimony and exhibits in their proposed findings of fact.

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Civil cases

Applies to

Proposed findings of fact

Counsel are strongly encouraged to include references to testimony and exhibits that support each proposed finding of fact.

Summary: Counsel are strongly encouraged (but not required) to include references to testimony and exhibits supporting each proposed finding of fact.

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Civil cases

Applies to

Motion for protective order ?

Must include

proposed order

If the parties seek a protective order, the part[y/ies] seeking the order are encouraged to submit a proposed order that selects provisions the part[y/ies] believe[s] are appropriate.

Summary: Parties seeking a protective order are encouraged (not required) to submit a proposed order selecting the provisions they believe are appropriate.

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Applies to

Emergency motion

Motions that require consideration prior to the standard 25-day review may be styled as an “Emergency Motion for _______.” Emergency motions should be filed using the “Emergency” CM/ECF event code. When filing an emergency motion, (i) please identify the date by which emergency relief is needed just below the language required by Local Bankruptcy Rule 9013(b);

Summary: Emergency motions must be styled as 'Emergency Motion for _______' and include the date relief is needed below Local Bankruptcy Rule 9013(b) language.

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Applies to

Motion

Must include

proposed order ?

Bankruptcy Procedure 9019, the 9019 motion should be filed in the main case only. A proposed form of order in the main case and a proposed form of judgment or order in the adversary proceeding should be attached to the 9019 motion.

Summary: 9019 motions must include attached proposed orders for the main case and adversary proceeding.

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Applies to

Fee application ?

Must include

proposed order ?

Applications must (i) include a narrativedescription of the services performed and the benefits of those services and (ii) attach copies of all fee statements and a proposed form of order.

Summary: Chapter 7 fee applications must include a narrative description of services, copies of all fee statements, and a proposed order.

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Applies to

Fee application ?

Applications for compensation and reimbursement in cases under chapters 11 or 12 must include a table containing the following information on the first page of the application: Name of Applicant: Applicant’s Role in Case: Date Order of Employment Signed: mm/dd/yy [Docket No. __] Beginning of Period End of Period Time period covered by this Application: mm/dd/yy mm/dd/yy Time period(s) covered by prior Applications: mm/dd/yy mm/dd/yy Total amounts awarded in all prior Applications: Total fees requested in this Application: Total professional fees requested in this Application: Total actual professional hours covered by this Application: Average hourly rate for professionals: Total paraprofessional fees requested in this Application: Total actual paraprofessional hours covered by this Application: Average hourly rate for paraprofessionals: Reimbursable expenses sought in this application: Total to be Paid to Priority Unsecured Creditors: Anticipated % Dividend to Priority Unsecured Creditors: Total to be Paid to General Unsecured Creditors: Anticipated % Dividend to General Unsecured Creditors: Indicate whether plan has been confirmed: Y/N (Docket No. __)

Summary: Chapter 11/12 fee applications must include a specified table on the first page of the application.

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Applies to

Fee application ?

Must include

proposed order ?

Applications must (i) include a narrative description of the services performed and the benefits of those services and (ii) attach copies of all fee statements and a proposed form of order.

Summary: Chapter 11/12 fee applications must include a narrative description of services, copies of all fee statements, and a proposed order.

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Applies to

Fee application

Pursuant to the local rules on fee applications, approved fixed fee applications do not require the filing of subsequent applications.

Summary: Approved fixed fee applications in chapter 13 cases do not require subsequent filings.

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Applies to

Fee application ?

Otherwise, applications for compensation and reimbursement in cases under chapter 13 must include a table containing the following information on the first page of the application: Name of Applicant: Applicant’s Role in Case: Pre-Confirmation Services [_____] Post-Confirmation Services [_____] Beginning of Period End of Period Time period covered by this Application: mm/dd/yy mm/dd/yy Time period(s) covered by prior Applications: mm/dd/yy mm/dd/yy Total amounts awarded in all prior Applications: Amount of retainer received in this case: Total fees requested in this Application: Total professional fees requested in this Application: Total actual professional hours covered by this Application: Average hourly rate for professionals: Total paraprofessional fees requested in this Application: Total actual paraprofessional hours covered by this Application: Average hourly rate for paraprofessionals: Reimbursable expenses sought in this application: Amount of Attorney Fees provided in Plan: Total to be Paid to General Unsecured Creditors: Anticipated % Dividend to General Unsecured Creditors:

Summary: Chapter 13 fee applications must include a specified table on the first page of the application.

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Applies to

Proposed order

The proposed order must include the following decretal paragraph: It is ordered that [name of applicant], is awarded fees and expenses as an administrative expense for the period _______________ through ___________________ as follows: Fees: $____________________________ Expenses: $____________________________ Total: $____________________________

Summary: Proposed orders accompanying fee applications must include a specific decretal paragraph detailing the fee period, fees, expenses, and total amount.

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Applies to

Emergency motion

Motions that require consideration prior to the standard 25-day review may be styled as an “Emergency Motion for _______.” Emergency motions should be filed using the “Emergency” CM/ECF event code. When filing an emergency motion, (i) please identify the date by which emergency relief is needed just below the language required by Local Bankruptcy Rule 9013(b) and (ii) include an explanation in the body of the motion setting forth why emergency consideration is required and the harm that will be suffered if emergency relief is not obtained.

Summary: Emergency motions must be styled as “Emergency Motion for _______”, filed with “Emergency” CM/ECF code, include required date and explanation of emergency need and harm.

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Applies to

Motion

Must include

proposed order ?

If a settlement is in an adversary proceeding and requires approval pursuant to Federal Rule of Bankruptcy Procedure 9019, the 9019 motion should be filed in the main case only. A proposed form of order in the main case and a proposed form of judgment or order in the adversary proceeding should be attached to the 9019 motion.

Summary: 9019 motions for adversary proceeding settlements must be filed in the main case with attached proposed orders for both the main case and adversary proceeding.

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Applies to

Fee application ?

Applications for compensation and reimbursement in cases under chapter 7 must include a table containing the following information on the first page of the application: Name of Applicant: Applicant’s Role in Case: Date Order of Appointment Signed: __/__/__ (Docket No. ___) Beginning of Period End of Period Time period covered by this Application: __/__/__ __/__/__ Time period(s) covered by prior Applications: __/__/__ __/__/__ Total amounts awarded in all prior Applications: Total fees requested in this Application and in all prior Applications: Total fees requested in this Application: Total professional fees requested in this Application: Total actual professional hours covered by this Application:

Summary: Chapter 7 fee applications must include a specified table with required information on the first page of the application.

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Applies to

Fee application ?

Must include

proposed order ?

Applications must (i) include a narrative description of the services performed and the benefits of those services and (ii) attach copies of all fee statements and a proposed form of order.

Summary: All fee applications must include a narrative description of services and benefits, attach all fee statements, and include a proposed order.

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Applies to

Fee application ?

Applications for compensation and reimbursement in cases under chapters 11 or 12 must include a table containing the following information on the first page of the application: Name of Applicant: Applicant’s Role in Case: Date Order of Employment Signed: mm/dd/yy [Docket No. __] Beginning of Period End of Period Time period covered by this Application: mm/dd/yy mm/dd/yy Time period(s) covered by prior Applications: mm/dd/yy mm/dd/yy Total amounts awarded in all prior Applications: Total fees requested in this Application:

Summary: Fee applications in chapters 11 or 12 must include a specified table on the first page of the application.

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Applies to

Fee application

Pursuant to the local rules on fee applications, approved fixed fee applications do not require the filing of subsequent applications.

Summary: Approved fixed fee applications in chapter 13 cases are exempt from filing subsequent fee applications.

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Applies to

Fee application ?

Otherwise, applications for compensation and reimbursement in cases under chapter 13 must include a table containing the following information on the first page of the application: Name of Applicant: Applicant’s Role in Case: Pre-Confirmation Services [_____] Post-Confirmation Services [_____] Beginning of Period End of Period Time period covered by this Application: mm/dd/yy mm/dd/yy Time period(s) covered by prior Applications: mm/dd/yy mm/dd/yy Total amounts awarded in all prior Applications: Amount of retainer received in this case: Total fees requested in this Application:

Summary: Chapter 13 fee applications (except approved fixed fee) must include a specified table on the first page of the application.

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Applies to

Proposed order

The proposed order must include the following decretal paragraph: It is ordered that [name of applicant], is awarded fees and expenses as an administrative expense for the period _______________ through ___________________ as follows: Fees: $____________________________ Expenses: $____________________________ Total: $____________________________

Summary: Proposed orders filed with fee applications must contain a specific decretal paragraph detailing the applicant, period, fees, expenses, and total amount.

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Applies to

Motion

Must include

proposed order ?

Attach proposed forms of order to all motions.

Summary: All motions must be accompanied by a proposed form of order.

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Applies to

Notice of hearing ?

Must include

certificate of service

Notice of the date of a hearing must be provided by the movant and a certificate of service

Summary: Notice of hearing must include a certificate of service provided by the movant.

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Applies to

Motion

Must include

certificate of service

provided when the motion is served and a certificate of service must be included with the motion. If the date is set by the Court, notice must be given within two business days and a certificate of service must be filed.

Summary: Motions must include a certificate of service; if the court sets the hearing date, notice must be given within two business days with a certificate of service filed.

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Applies to

Continuance motion ?

Must include

proposed order ?

In addition, to obtain a continuance of a hearing before Judge Rodriguez: F. a proposed form of order granting the continuance must be uploaded when the motion is filed;

Summary: Continuance motions before Judge Rodriguez must include a proposed order uploaded when the motion is filed.

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Applies to

Brief

When such leave is granted, a table of contents containing a summary of all points raised shall be included with the brief or memorandum.

Summary: Briefs or memoranda granted leave to exceed 20 pages must include a table of contents summarizing all points raised.

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Applies to

Amended document

The marked amended document must be filed as an attachment to the unmarked version of the amended document.

Summary: Marked amended documents must be filed as an attachment to the corresponding unmarked amended document.

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Applies to

Emergency motion

Must include

local rule certificate ?

Emergency Motions should be filed using the CM/ECF event code for an “emergency motion.” You must identify the date by which emergency relief is needed just below the language required by BLR 9013(b).

Summary: Emergency motions must use the CM/ECF emergency motion event code and include the date emergency relief is needed below BLR 9013(b) language.

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Applies to

Expedited motion

Motions that are not an emergency, but which require consideration prior to the standard 23 day review may be styled as “Expedited Motion for ____.”

Summary: Expedited motions must be styled as “Expedited Motion for ____”.

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Applies to

Expedited motion

Must include

local rule certificate ?

When filing an expedited motion, please identify the date by which the expedited relief is needed just below the language required by BLR 9013(b) and include an explanation in the body of the motion setting forth why expedited consideration is required, and the harm that will be suffered if expedited relief is not obtained.

Summary: Expedited motions must include the needed relief date below BLR 9013(b) language, explanation of expedited need, and harm if relief is not granted.

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Applies to

Motion

Must include

proposed order ?

Proposed forms of orders must be submitted along with all motions and with all oppositions to motions.

Summary: Proposed orders must be submitted with all motions.

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Applies to

Discovery motion ?

Must include

certificate of conference ?

Such motions shall be accompanied by supporting memorandum and an affidavit of counsel setting forth what extrajudicial means have been attempted to resolve the discovery dispute, including a statement that the movant has met in person or by telephone with opposing counsel, or has offered in writing to meet in person or by telephone with opposing counsel on one or more specific dates, and the offer has been refused, or that the movant has not received a written response to the offer. Only those specific portions of the discovery requests, or materials reasonably necessary to a resolution of the motion, shall be included with the motion.

Summary: Discovery motions must include supporting memorandum, affidavit of counsel detailing extrajudicial attempts, and only necessary materials.

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Applies to

Motion for continuation or imposition of stay ?

Must include

certificate of service ?

In addition to any requirements under applicable law, the Federal Rules of Bankruptcy Procedure, and the Local Rules, with respect to a party against which the continuation or imposition of the automatic stay is sought, notice and copies of a motion made in accordance with Court Procedure VII § (b) shall be served upon (1) any attorney that represented such party in any bankruptcy case pending in connection with the debtor within one year before the filing of the petition commencing the case, and (2) any attorney that represented such party in any foreclosure, repossession, or other action to enforce a claim against property of the debtor within one year before the filing of the petition commencing the case.

Summary: Motions for continuation or imposition of automatic stay must serve notice and copies on certain attorneys representing the opposing party within one year of the case petition filing.

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Applies to

Fee application ?

Must include

proposed order ?

A proposed form of order which specifically recites the amounts requested in fees and in expenses.

Summary: Fee applications must include a proposed order that recites the requested fees and expenses.

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Applies to

Fee application ?

Attached copies of all fee statements which shall be sufficiently detailed to allow the Court to determine whether all the time, or any portion thereof, is actual, reasonable and necessary.

Summary: Fee applications must include sufficiently detailed copies of all fee statements for Court review of time expended.

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Applies to

Fee application ?

If total fees and expenses for applicant from this and all prior applications exceed $2,000, a narrative description of the services performed and the benefits of those services.

Summary: Fee applications with total fees and expenses over $2,000 must include a narrative description of services and their benefits.

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Applies to

Fee application ?

Must include

proposed order ?

A proposed form of order that contains the following decretal paragraph: It is ordered that [name of applicant], is awarded fees and costs as an administrative expense for the period mm/dd/yy through mm/dd/yy as follows: Fees: $_________ Expenses: $_________ Total: $_________ [Name of applicant] is authorized to apply its retainer in the amount of $_________ against the awarded compensation.

Summary: Fee applications must include a proposed order containing the specified decretal paragraph with fee, expense, total, and retainer fields.

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Applies to

Proposed order ?

It is ordered that [name of applicant], is awarded fees and costs as an administrative expense for the period mm/dd/yy through mm/dd/yy as follows: Fees: $_________ Expenses: $_________ Total: $_________ [Name of applicant] is authorized to apply its retainer in the amount of $_________ against the awarded compensation.

Summary: Proposed orders for fee applications must include the specified decretal paragraph detailing awarded fees, expenses, and retainer application.

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Applies to

Employment application ?

Judge Rodriguez generally does not approve the following items frequently found in retainer/employment agreements unless the professional has convincingly justified them in the application itself: attorneys' liens (or other liens) for unpaid bills; late charges/interest; exculpation or limitation/waiver of liability; mandatory arbitration of fee disputes or malpractice claims; provisions that state payment is due upon invoicing; and provisions that allow counsel to withdraw as counsel for debtors-in-possession without court approval

Summary: Retainer/employment agreements for estate professionals must justify listed items (attorneys' liens, late charges, etc.) or they will not be approved.

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Applies to

Employment order

Employment orders should reflect that fees and expenses are subject to court approval and any request for allowance and payment of such fees is subject to the Court’s Guidelines for Compensation and Expense Reimbursement of Professionals and Trustees.

Summary: Employment orders must state that fees and expenses are subject to court approval and requests are governed by the Court’s Compensation Guidelines.

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Applies to

Employment application ?

Judge Rodriguez will normally not allow auctioneers to recover labor costs or to charge a buyers’ premium. Any application to employ an auctioneer should reflect the specify that no such premium is permitted.

Summary: Auctioneer employment applications must specify no buyers’ premium is permitted, as such premiums and labor cost recovery are normally not allowed.

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Applies to

Employment application ?

Judge Rodriguez will normally not allow real estate professionals representing the estate (as seller) to represent buyers.2 Any application to employ a real estate professional should reflect the agreement of the professional that they will not represent the buyer, and the proposed form of order should likewise reflect the prohibition against dual agency.

Summary: Real estate professional employment applications must include an agreement not to represent buyers, and proposed orders must reflect the dual agency prohibition.

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Applies to

Proposed order ?

the proposed form of order should likewise reflect the prohibition against dual agency.

Summary: Proposed orders for real estate professional employment must reflect the prohibition against dual agency.

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Applies to

Objection to proof of claim ?

In addition to the requirements of BLR 3007-1, when an objection to a Proof of Claim is filed, a copy of the Proof of Claim must be attached to the objection.

Summary: Objections to Proof of Claim must attach a copy of the Proof of Claim, in addition to BLR 3007-1 requirements.

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Applies to

Fee application ?

Applications for compensation and reimbursement in cases under chapter 11 or 12 must contain the following information. If additional information is required, the Court will request a supplement. A numbered table containing the following information, which shall begin on the first page of the application: Name of applicant: Applicant’s professional role in case: Indicate whether this is an interim or final application: Date Order of Employment Signed: mm/dd/yy [ECF No. ____] Beginning of Period Ending of Period Total period covered in application: mm/dd/yy mm/dd/yy Time periods covered by any prior applications mm/dd/yy mm/dd/yy Total amounts awarded in all prior applications $ Amount of retainer received in the case $ Total fees applied for in this application and in all prior $ applications (including any retainer amounts applied or to be applied) Total fees applied for in this application (including any retainer $ amounts to be applied) Total professional fees requested in this application $ Total professional hours covered by this application

Summary: Chapter 11 and 12 fee applications must include a numbered table with specified information starting on the first page of the application.

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Applies to

Fee application ?

Attached copies of all fee statements which shall be sufficiently detailed to allow the Court to determine whether all the time, or any portion thereof, is actual, reasonable, and necessary.

Summary: Fee applications must attach detailed copies of all fee statements.

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Applies to

Proposed confirmation order

Must include

proposed order ?

To provide notice of this process, Judge Rodriguez expects that proposed confirmation orders should be filed, and as revisions are made, that such revisions be circulated to the Court, counsel for any official committees, the Office of the United States Trustee, and any parties having objected to the plan or in active negotiations regarding provisions of the plan.

Summary: Proposed confirmation orders must be filed and revisions circulated to relevant parties.

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Applies to

Omnibus objection

When filing omnibus objections, please remember to comply with Bankruptcy Rules 3007(d), (e).

Summary: Omnibus objections must comply with Bankruptcy Rules 3007(d) and (e).

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Applies to

Cash collateral motion

Must include

proposed order ?

As required by FED. R. BANKR. P. 4001(b)(1)(A), cash collateral motions (including emergency motions), should be accompanied by a proposed form of order, which ordinarily should be attached as an exhibit to the motion. The motion and/or order should include, as an attachment, a summary of projected revenue and a line item expense budget during the proposed cash collateral period. The budget ordinarily should be weekly for emergency motions and monthly for other motions.

Summary: Cash collateral motions must include a proposed order and attachments summarizing projected revenue and line item expense budgets (weekly for emergency motions, monthly for other motions).

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Applies to

Cash collateral motion ?

If a motion seeks entry of an order containing any of the above provisions, the notice of the motion should specifically disclose that the motion seeks such relief.

Summary: Cash collateral motions seeking certain order provisions must specifically disclose such relief in the motion notice.

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Applies to

Notice of removal

Upon filing a Notice of Removal, pursuant to FED. R. BANKR. P. 9027 and BLR 9027-1, 9027-2, the Court requires that an index of the state court documents attached to the Notice of Removal be included in a particular format in order to appropriately organize and allow the Court and other parties to easily access state court documents. The state court documents must be in chronological and ascending order and track the state court docket numbers. The state court docket must be attached as Exhibit No. 1 to the Notice of Removal. Exhibit No. 2 of the Notice of Removal should be the first document filed in state court, so forth and so on. The Index must be filed as a separate CM/ECF document and clearly identify each exhibit and title of each of the state court documents attached to the Notice of Removal. In the Index, the state court docket must be labeled as Exhibit No. 1 to the Notice of Removal.

Summary: Notice of Removal must include a formatted index filed as separate CM/ECF document, with state court documents in chronological order and state docket as Exhibit 1.

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Applies to

Pleading

Sign and date pleadings.

Summary: All pleadings must be signed and dated.

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Applies to

Proposed order ?

Do not submit a proposed form of order without a motion. (Exception: Chapter 13 wage orders may be submitted without a motion, but must bear the signature of the Debtor).

Summary: Proposed forms of order must not be filed without a motion, except Chapter 13 wage orders which require the Debtor's signature.

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Applies to

Proposed order ?

Forms of order (e.g. motions to modify, motions to reinstate, motions to sell) should not allow attorney fees as to which there has been no fee application.

Summary: Proposed orders for motions to modify, reinstate, or sell must not include attorney fees not applied for.

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Applies to

Chapter 13 plan

Chapter 13 Plans must have month and year for each payment, e.g. (Jan. 2016).

Summary: Chapter 13 Plans must specify the month and year for each payment.

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Applies to

Motion for agreed entry

Must include

proposed order ?

The parties must file a motion for agreed entry with an accompanying agreed order. The order must designate a mediator and set forth any specific conditions the parties have agreed to and want included in the order.

Summary: Mediation requires filing a motion for agreed entry with an accompanying order designating the mediator and agreed conditions.

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Applies to

Mediation order ?

The order must have, at a minimum, the following language: The Honorable Eduardo V. Rodriguez is appointed as mediator in this case. At all times in the performance of his mediation duties, Judge Rodriguez will be acting in his official capacity as a United States Bankruptcy Judge, with all of the privileges and immunities of a United States Bankruptcy Judge.

Summary: Mediation orders must include specific language appointing Judge Rodriguez and outlining his official capacity and immunities.

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Applies to

Chapter 11 status conference statement

Not later than fourteen (14) days prior to the status conference set by the Order, Debtor must file a Chapter 11 Status Conference Statement with the Clerk of Court that addresses the following: a. the efforts the debtor has undertaken and will undertake to attain a consensual reorganization plan; b. any complications the debtor anticipates in promptly proposing and confirming a plan, including any need for discovery, valuation, motion practice, claim adjudication, or adversary proceeding litigation; c. an outline of the proposed plan; d. a description of the nature of the debtor’s business or occupation, the primary place of business, the number of locations from which it operates, and the number of employees or independent contractors it utilizes in its normal business operations and the goals of the reorganization plan; e. any motions that the debtor contemplates filing or expects to file before confirmation; f. any objections to any claims or interests the debtor expects to file before confirmation and any potential need to estimate claims for voting purposes; g. the business, financial, and other problems that prompted the filing of this case; h. attendance at a meeting of creditors pursuant to 11 U.S.C. § 341(a); i. the estate’s need for professionals (e.g., attorneys, accountants, brokers, etc.); j. whether the debtor is current on the filing of all required tax returns; k. unique issues concerning secured debt, employees, cash collateral, executory contracts, and existing management; l. postpetition operations and revenue; m. status of any litigation pending in or outside this Court; n. compliance with requests for information from the United States Trustee including, but not limited to, requests made in the initial debtor interview; o. type and adequacy of insurance coverage; p. Debtor-In-Possession Bank Account; q. any other matters that might materially affect the administration of this case.

Summary: Debtor must file Chapter 11 Status Conference Statement 14 days prior to status conference, addressing specified topics a through q.

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Applies to

Master service list

The Master Service List should initially include: (a) the Office of the United States Trustee for the Southern District of Texas; (b) the debtor; (c) the attorneys for the debtor; (d) the Subchapter V Trustee, (e) the debtor’s secured lenders; (f) the debtor’s twenty (20) largest unsecured creditors; (g) those persons who have formally appeared in the chapter 11 case and requested service pursuant to Federal Bankruptcy Rule 2002; (h) all applicable government agencies to the extent required by the Bankruptcy Rules and the Local Rules; and (i) any known counsel for (d) – (h). Any party in interest that files a Notice of Appearance must be added to the Master Service List.

Summary: Master Service List must initially include specified parties and add any party filing a Notice of Appearance.

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Applies to

Certificate of service ?

Must include

certificate of service ?

Each certificate/affidavit of service must include the actual e-mail or regular mail address for each party that is served under this section unless otherwise ordered.

Summary: Certificates/affidavits of service for parties served under this section must include actual email or regular mail address for each served party.

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Applies to

Motion

27. On motion by the Debtor, a hearing will be conducted as a First Day hearing to consider either interim cash collateral use and/or interim debtor-in-possession financing. The Debtor’s motion must contain a summary of all parties that hold a pre-petition lien or security interest in the Debtor’s accounts or proceeds (including any liens of the Internal Revenue Service or other taxing authorities). The Debtor must introduce a detailed, line-item budget/cash flow projection showing sources of cash and uses of cash necessary for ongoing operations on a weekly basis for not less than the first four (4) weeks (thirty (30) days) of the Subchapter V case including adequate protection payments (if any), insurance, taxes, professional fees, and Subchapter V Trustee deposits. Financing motions shall also include in the body of the motion and in an attached summary all terms and provisions including: amount, rate, payment, adequate protection, cross-collateralization, default provisions, carve-outs, roll-ups, releases, limits on the Debtor’s rights, priming liens, and any other term or provision that impacts the rights, duties, or obligations of the Debtor, the Bankruptcy Estate, the Subchapter V Trustee, the U.S. Trustee, the Court, any secured creditor, and/or any other parties.

Summary: Debtor’s interim cash collateral/DIP financing motions must include pre-petition lien summary, 4-week line-item budget, and all financing terms.

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Applies to

Budget cash flow projection

28. At least five (5) days prior to the final hearing on cash collateral and/or financing, the Debtor must file a detailed, line-item budget/cash flow projection showing sources of cash and uses of cash necessary for ongoing operations for one hundred twenty (120) days of the Subchapter V case including adequate protection payments (if any), insurance, taxes, professional fees, and Subchapter V Trustee deposits and file a proposed form of final order along with a redline showing edits compared to the interim order.

Summary: Debtor must file 120-day line-item budget/cash flow projection at least 5 days prior to final cash collateral/financing hearing.

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Applies to

Ucc lien search

29. Simultaneously with the filing of any motion to use cash collateral and/or motion for debtor-in-possession financing, the Debtor must file with the Court a UCC Lien Search from the applicable state filing office conducted within ten (10) days prior to the Petition date.

Summary: UCC Lien Search conducted within 10 days prior to petition date must be filed with any cash collateral or DIP financing motion.

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Applies to

Professional employment motion ?

30. Under § 327, the debtor and, in appropriate circumstances, the trustee may employ professionals, including attorneys, accountants, appraisers or auctioneers to assist the debtor or the trustee in performing trustee duties under title 11. Those professionals may be awarded compensation for actual and necessary services and reimbursement for actual and necessary expenses, pursuant to § 330. The employment of professionals must be approved by the court, and court approval should be requested prior to the commencement of work.18

Summary: Court approval for professional employment must be requested prior to commencement of work.

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Applies to

Final fee application ?

31. Pursuant to § 330, after notice and a hearing, and subject to § 328, the court may award a professional person employed pursuant to § 327 reasonable compensation for actual, necessary services.19 Unless otherwise permitted by the court, a professional may apply for interim compensation and reimbursement of expenses not more than once every 120 days.20 Professionals also are required to file final applications for compensation. Pursuant to Bankruptcy Rule 2016(a), each application for interim or final fees and expenses must include the following: (i) a detailed statement of services rendered, time expended, and expenses incurred; (ii) a statement of the amount of fees and expenses requested; (iii) a statement of payments received or promised for services rendered or to be rendered in any capacity in connection with the case; (iv) a statement of the source of compensation paid or promised; and (v) a statement of whether an agreement or understanding exists for the sharing of compensation received or to be received.

Summary: Professionals must file final applications for compensation.

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Applies to

Fee application

Must include

certificate of service

Fee Applications of not more than $1,000.00 must contain a certificate of service showing service on both the debtor(s) and Trustee if the Trustee is not the applicant. This includes fee applications for accountants and appraisers.

Summary: Fee applications not exceeding $1,000 must include a certificate of service on the debtor(s) and Trustee (if the Trustee is not the applicant).

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Applies to

Motion to continue

Must include

certificate of conference ?

Motion to Continue Hearing must include an affidavit of conference.

Summary: Motions to Continue Hearing must include an affidavit of conference.

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Applies to

Motion, application, objection, response ?

Must include

proposed order

Each motion, application, objection, and response filed with the court must be accompanied by a proposed order pursuant to BLR 9013-1(h). Failure to file a proposed order can be grounds for denial of the motion.

Summary: All motions, applications, objections, and responses must include a proposed order, with failure risking motion denial.

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Applies to

Emergency motion

The motion must include a detailed statement why an emergency exists and the date relief is needed to avoid the consequences of the emergency. The motion seeking an emergency hearing must be certified for its accuracy by the party seeking the emergency relief or by its counsel. Emergency motions must include the language required by BLR 9013-1.

Summary: Emergency motions must contain a detailed emergency statement, relief date, accuracy certification, and BLR 9013-1 required language.

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Applies to

Pleading

rules require pleadings state with particularity the relief requested and the grounds for such relief, and require the pleadings be served in the same manner as a summons and complaint under Fed. R. Bank. P. 7004.

Summary: Pleadings must state with particularity the relief requested and grounds for relief.

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Applies to

Motion

All motions, except those made at trial, must be made in writing and state with particularity the grounds supporting the motion and the relief or order sought. Motions should address each issue presented and follow with the pertinent facts, statutory framework, legal arguments, and the specific relief requested.

Summary: All non-trial motions must be written, state particularity grounds and relief, and include facts, statutory framework, legal arguments, and specific relief.

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Applies to

Motion

When all parties do not agree to a non-evidentiary status conference, a request for conference may only be requested by motion, and such motion requires an affidavit indicating the efforts the parties took to obtain consent to the conference.

Summary: If not all parties agree to non-evidentiary status conference for proof of claim objections, request must be by motion with affidavit of consent efforts.

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Applies to

Motion

A motion for authorization to use cash collateral must consist of a concise statement of the relief requested and must include: (i) the name of each entity with an interest in the cash collateral; (ii) the purposes for the use of the cash collateral; (iii) the material terms, including duration, of the use of the cash collateral; and (iv) any liens, cash payments, or other adequate protection that will be provided to each entity with an interest in the cash collateral or, if no additional adequate protection is proposed, an explanation of why each entity’s interest is adequately protected [i.e., why additional protection is not required]. (v) Any relationship of the creditor to the debtor, the nature and source of the cash collateral, and budgets or cash flow projections.

Summary: Cash collateral motions must include concise relief statement and specified details on interested entities, purpose, terms, adequate protection, creditor relationship, and budgets.

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Applies to

Cash collateral order ?

Orders 1. That debtor has complied with all applicable service requirements. 2. That the secured creditor asserts a lien or interest in cash collateral, the priority of any such lien or the nature of any such interest, and the amount of indebtedness allegedly secured by the cash collateral or the extent of such interest. 3. Identification of the assets that are generating or will generate cash collateral. 4. That debtor has an immediate need for the use of cash collateral or debtor in possession financing, as applicable, including the reason for that immediate need (e.g. to preserve assets of the estate, to fund business operations, to purchase inventory, etc.). 5. That debtor reaffirms the existing terms and conditions of financing documents with secured creditor or other applicable documents establishing an interest in cash collateral.

Summary: Cash collateral orders must include five specific findings regarding service, liens, assets, debtor need, and financing terms.

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Applies to

Sub v chapter 11 plan

There is no required form Sub V Chapter 11 Plan, however, the Court requires that the plan include Financial Projections [Exhibit A] and a Liquidation Analysis [Exhibit B], suggested forms are available for download on the Court’s website.

Summary: Sub V Chapter 11 plans must include Financial Projections (Exhibit A) and Liquidation Analysis (Exhibit B).

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Applies to

Application

g. Attached to the application shall be a chronological listing of all the time for which the application is requesting compensation,

Summary: Applications for compensation must include a chronological listing of all requested compensation time.

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Applies to

Application ?

h. An itemization of expenses.

Summary: Applications for compensation must include an itemization of expenses.

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Applies to

Exhibit

Exhibits that are to be entered as evidence must be filed on CM/ECF with an exhibit list prior to the hearing.

Summary: Exhibits to be entered into evidence must be filed on CM/ECF with an exhibit list before the hearing.

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Applies to

Motion for default judgment

Must include

proposed order ?

After entry of default by the Clerk, the plaintiff may file a Motion for Default Judgment pursuant to Federal Rule of Civil Procedure 55(b)(2), accompanied by a proposed form of Default Judgment.

Summary: Motion for Default Judgment must be accompanied by a proposed form of Default Judgment.

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Applies to

Exhibit list

Exhibit lists must be filed and exchanged prior to hearings pursuant to BLR 9013-2.

Summary: Exhibit lists must be filed and exchanged prior to hearings per BLR 9013-2.

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Applies to

Witness and exhibit list

A witness and exhibit list should be filed as a document, with each exhibit being filed as a separate attachment to the witness and exhibit list.

Summary: Witness and exhibit lists must be filed as a single document with each exhibit as a separate attachment.

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Applies to

9019 motion ?

If a settlement is in an adversary proceeding and requires approval pursuant to Fed. R. Bank. P. 9019, such motion should be filed in the main case only.

Summary: 9019 motions for adversary proceeding settlements must be filed in the main case.

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Applies to

9019 motion

Must include

proposed order ?

A proposed form of order in the main case and a proposed form of judgment or order in the adversary proceeding must be attached to the 9019 motion.

Summary: 9019 motions must include attached proposed main case order and adversary proceeding judgment/order.

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Applies to

Consent or agreed order

Consent or agreed orders in Chapter 12 or 13 cases require the signature of the Chapter 12 or 13 Trustee.

Summary: Consent or agreed orders in Chapter 12 or 13 cases must include the Chapter 12 or 13 Trustee's signature.

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Applies to

Motion to amend order ?

Must include

proposed order ?

The motion to amend should be filed with the proposed amended order.

Summary: Motions to amend signed orders must be filed with the proposed amended order.

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Applies to

Motion to amend order ?

The motion should also state the exact factual or legal grounds for an amended order.

Summary: Motions to amend signed orders must state the exact factual or legal grounds for the amendment.

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Applies to

Motion for agreed entry

Must include

proposed order ?

The parties should file a motion for agreed entry with an accompanying agreed order.

Summary: Motions for agreed entry must be filed with an accompanying agreed order.

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Applies to

Agreed order ?

The order must designate a mediator and set forth any specific conditions the parties have agreed to and want included in the order.

Summary: Agreed orders must designate the mediator and include all agreed-upon specific conditions.

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Civil cases

Applies to

Objection

The objecting party must state the date that the hearing will be conducted, which date will be the next chapter 13 panel after the expiration of 15 days from the date of the objection.

Summary: An objection to the adequate protection order must state a hearing date set for the next chapter 13 panel after 15 days have expired from the objection date.

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Civil cases

Applies to

Motion

Parties who file motions for relief from the stay onexempt residences or exempt vehicles in chapter 7 and chapter 13 cases must comply with this BLR 4001(f) and must use the forms promulgated by the court from time to time.

Summary: Parties filing motions for relief from stay on exempt residences/vehicles in chapter 7/13 cases must comply with BLR 4001(f) and use court-promulgated forms.

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Civil cases

Applies to

Motion

Must include

certificate of conference

Certificate of conference included with motion.

Summary: Motion must include a certificate of conference.

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Civil cases

Applies to

Response

Answers must comply with FRBP 9011. Responses must be based on reasonable investigation and must not be filed for delay or other improper purpose. A response stating that the debtors’ attorney has not been able to contact the debtors or a general denial not based on reasonable investigation may not be sufficient to prevent default relief.

Summary: Answers and responses must comply with FRBP 9011, be based on reasonable investigation, not filed for improper purposes, and certain deficient responses cannot prevent default relief.

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Civil cases

Applies to

Motion ?

Must include

proposed order ?

If a sufficient response has not been timely filed, the movant must submit a proposed form of default order with a certification of default. The proposed form of default order and certification must comply with the Court’s Form O-3 as promulgated from time to time.

Summary: Movants must submit a proposed default order with certification of default complying with Form O-3 if no sufficient timely response is filed.

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Civil cases

Applies to

Motion ?

Payment history is mandatory

Summary: Payment history is mandatory for Form M-2 motions.

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Civil cases

Applies to

Form O-3

(Form O-3) Submit only IF AND AFTER default. Counsel certifies default only after review of file and of docket sheet

Summary: Form O-3 must be submitted only after default, with counsel certifying default only after reviewing the case file and docket sheet.

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Civil cases

Applies to

Corporate ownership statement

For the purpose of evaluating possible recusals, Judge Isgur orders that Rule 7007.1 Corporate Ownership Statements be filed in certain Contested Matters assigned to Judge Isgur. This Order only applies to Contested Matters in which A. A party to the contested matter has (i) a parent corporation or (ii) in which a publicly held corporation owns 10% or more of party’s stock; and B. The parent corporation or publicly held corporation described above is listed on Exhibit “A”. Corporate Ownership Statements must be filed using the CM/ECF Docketing Event “Corporate Ownership Statement (Rule 7007.1).”

Summary: Corporate Ownership Statements under Rule 7007.1 must be filed in certain contested matters where a party has a parent corporation or a publicly held corporation owns 10% or more of the party's stock and that entity is listed on Exhibit A, using the CM/ECF docketing event 'Corporate Ownership Statement (Rule 7007.1)'.

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Civil cases

Applies to

Schedule j

Mortgage payment (for defaulted mortgages) should NOT be on schedule J.

Summary: Defaulted mortgage payments are prohibited from inclusion on Schedule J.

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Civil cases

Applies to

Tax return or transcript ?

New Bankruptcy Act requires tax returns or tax transcripts to be provided at least 7 days before § 341 meeting.

Summary: Tax returns or tax transcripts must be provided at least 7 days before the § 341 meeting.

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Civil cases

Applies to

IRS Form 4506-T

Complete 2 IRS Forms 4506-T when client signs petition and mail them to IRS. chapter 13 trustee’s name and address as recipient and 1 with your name and address as recipient. Must have original signature by debtor and spouse

Summary: Two IRS Forms 4506-T must be completed when the client signs the petition, mailed to the IRS with one copy to the chapter 13 trustee and one to the debtor, and must bear original signatures by the debtor and spouse.

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Civil cases

Applies to

Certification

File certification with Court that 4506-T has been mailed to IRS.

Summary: A certification confirming that Form 4506-T was mailed to the IRS must be filed with the Court.

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Applies to

Amended scheduling order

Must include

proposed order

Requests for an Amended Scheduling Order should include a proposed Order in this form with proposed dates included.

Summary: Requests for Amended Scheduling Order should include a proposed order in the required form with proposed dates.

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Applies to

Application for restraining order

Must include

certificate of conference ?

Applications for restraining orders or other immediate relief 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.

Summary: Restraining order/immediate relief applications must include counsel’s affirmation of opposing party contact and both parties’ availability for a court conference.

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Applies to

Motion

(1) Any motion REQUIRING expedited consideration shall contain “Emergency” in the caption.

Summary: Motions requiring expedited consideration must include the word “Emergency” in the caption.

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Applies to

Joint pretrial order

Exhibit lists are to be included in the Joint Pretrial Order.

Summary: Exhibit lists must be included in the Joint Pretrial Order.

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Applies to

Exhibit

Must include

case number

All exhibits must be marked and exchanged among counsel before trial. The offering party shall mark its name, the case number, and the exhibit number on each exhibit to be offered.

Summary: Exhibits must be marked with offering party's name, case number, and exhibit number, and exchanged among counsel before trial.

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Applies to

Certificate of interested parties

A. The parties are required to file with the Court a Certificate of Interested Parties at least 10 days prior to the Initial Pretrial Conference.

Summary: Parties must file a Certificate of Interested Parties at least 10 days before the Initial Pretrial Conference.

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Applies to

Opposed motion

Opposed motions shall B. Include or be accompanied by authority;

Summary: Opposed motions must include or be accompanied by legal authority.

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Applies to

Paper

Must include

certificate of service ?

Papers must have at the end a certificate reflecting how and when service has been made or why service is not required. Federal Rule of Civil Procedure 5(b).

Summary: All papers must include a certificate of service at the end.

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Applies to

Opposed motion

Must include

proposed order

Opposed motions shall C. Be accompanied by a separate proposed order granting the relief requested and setting forth information sufficient to communicate the nature of the relief granted;

Summary: Opposed motions must be accompanied by a separate proposed order granting the requested relief.

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Applies to

Motion

Must include

certificate of conference ?

contain an averment that (1) The movant has conferred with the respondent and (2) Counsel cannot agree about the disposition of the motion.

Summary: Motions under Rule 12(e), 12(f), and 56 must include an averment of conferral and lack of agreement.

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Applies to

Unopposed motion ?

Must include

caption

Motions without opposition and their proposed orders must bear in their caption “unopposed.” They will be considered as soon as it is practicable.

Summary: Unopposed motions must display 'unopposed' in the caption.

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Applies to

Response to motion ?

Must include or be accompanied by authority;

Summary: Responses to motions must include or be accompanied by legal authority.

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Applies to

Response to motion ?

Must include

proposed order ?

Must be accompanied by a separate form order denying the relief sought.

Summary: Responses to motions must be accompanied by a separate form order denying the requested relief.

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Applies to

Motion to consolidate ?

Must include

caption, judge name, case number ?

Contain in the caption of the motion (1) The case numbers; (2) Full styles; and (3) Judge to whom each of the cases is assigned.

Summary: Motions to consolidate must include case numbers, full styles, and assigned judges in the caption.

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Applies to

Papers

Must include

caption

LR10.1 Caption. Papers must have a caption, including the name and party designation of the party filing it and a statement of its character, like “Defendant John Doe’s Motion for Partial Summary Judgment.” Federal Rule of Civil Procedure 10(a).

Summary: All papers must include a caption containing the filing party's name, designation, and document character.

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Applies to

Pleadings

LR11.1 Designation. On first appearance through counsel, each party shall designate an attorney-in-charge. Signing the pleading effects designation.

Summary: Parties appearing through counsel must designate an attorney-in-charge, with designation effected by signing the pleading.

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Applies to

Filed document ?

LR11.3 Signing of Pleadings. Every document filed must be signed by, or by permission of, the attorney-in-charge.

Summary: All filed documents must be signed by or with permission from the attorney-in-charge.

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Applies to

Filed document ?

11.3.A. Required Information. Under the signature shall appear: (1) attorney’s individual name, (2) designation “attorney-in-charge,” (3) State bar number, (4) Southern District of Texas bar number, (5) office address including zip code, and (6) telephone and facsimile numbers with area codes.

Summary: Signatures on filed documents must be accompanied by the attorney's name, attorney-in-charge designation, state bar number, SDTX bar number, office address, and phone/fax numbers.

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Applies to

Discovery response ?

Every answer, objection, or other response to any interrogatory, request for admission, or to produce shall be preceded by the question or request to which the response pertains.

Summary: Discovery responses must be preceded by the corresponding interrogatory, request, or question.

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Applies to

Deposition notice or subpoena ?

The notice or subpoena must indicate that the deposition is to be by video-tape to allow anyone desiring stenographic recordation to arrange for it.

Summary: Notices or subpoenas for video-taped depositions must indicate the deposition is by video-tape.

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Applies to

Pleading

Pleadings in which a jury is demanded shall bear the word “jury” at the top, immediately below the case number.

Summary: Pleadings demanding a jury trial must display the word 'jury' at the top of the first page below the case number.

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Applies to

Oath

I. Oath. On admission, the lawyer will take this oath before any judicial officer of the United States: I do solemnly swear [affirm] that I will discharge the duties of attorney and counselor of this court faithfully, that I will demean myself uprightly under the law and the highest ethics of our profession, and that I will support and defend the Constitution of the United States.

Summary: Admitted lawyers must take a specific oath before a U.S. judicial officer.

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Applies to

Address change notice ?

Must include

case number

LR83.4. Change of Address. Notices will be sent only to the address on file. A lawyer or pro se litigant is responsible for keeping the clerk advised in writing of the current address. Counsel of record and pro se litigants must include in this advice the case numbers of all pending cases in which they are participants in this district.

Summary: Notices are sent to the address on file; written address change notices must include all pending district case numbers.

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Applies to

Admiralty case paper ?

Papers in cases arising within the admiralty or maritime jurisdiction shall bear the word “admiralty” at the top, immediately below the case number.

Summary: Papers in admiralty or maritime jurisdiction cases must include the word 'admiralty' immediately below the case number at the top of the document.

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Applies to

Application for stay execution ?

A. Application Requirements. A party who seeks to stay the execution of a Texas death warrant shall include in the application: (1) A copy of each state court opinion and judgment in the matter; (2) A description of the relief sought from any United States Court, including action number and court name; (3) The reasons for denying relief given by the courts that have considered the matter, by written opinion or portions of the transcript; and (4) An explanation why issues urged in the application have not been raised or exhausted in state court.

Summary: Applications to stay execution of a Texas death warrant must include specified state court documents, relief descriptions, prior denial reasons, and exhaustion explanations.