Court Rules

Southern District of Texas Service and Proof of Service Rules

108 rules from official source documents

20 of 108 checked against the court's document. Each rule says how far it was checked. A value with a question mark is not in the court's wording on its card.

E-service, mail, personal service, proof of service, certificate, and timing requirements. This page is scoped to Southern District of Texas; use the court rules overview to switch categories without leaving this court.

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

Civil cases

Applies to
Notice
Service
Mail

If the plan is filed after the petition date, the Debtor must mail a new notice with the Plan and Plan Summary on the day the plan is filed.

If the plan is not filed on the petition date, the Debtor will be responsible for mailing a new notice along with the Plan and the Plan Summary on the same day that the Debtor’s proposed plan is filed.

Bankruptcy Marvin Isgur

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

Civil cases

Applies to
Motion for abandonment

The Rule 4001 motion for abandonment must be served on the affected 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.

Bankruptcy Marvin Isgur

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

Civil cases

Applies to
Proof of claim

Priority and secured proofs of claim must be served on the Debtor, the Debtor’s counsel, and the chapter 13 trustee, in addition to being filed on the proof of claim registry.

In addition to filing proofs of claim on the proof of claim registry, proofs of claim for priority claims and secured claims must be served on the Debtor, the Debtor’s counsel and the chapter 13 trustee.

Bankruptcy Marvin Isgur

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

Civil cases

Deadline
20 calendar days

Responses and hearing requests for motions to dismiss must be filed within 20 days after service.

Responses and requests for hearings on motions to dismiss must be filed not later than 20 days after service.

Bankruptcy Marvin Isgur

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

Civil cases

Applies to
Lodestar fee application

A copy of the lodestar fee application and its required attachments must be sent to the Court’s case manager.

A copy of the lodestar fee application, with required attachments, must be sent to the Court's case manager.

Bankruptcy Marvin Isgur

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

Civil cases

Deadline
5 calendar days
Applies to
Confirmation objection

An objection to confirmation must be filed at least five days before the hearing and served on the debtor, debtor’s counsel, the Chapter 13 trustee, and parties requesting notice.

If you object to confirmation of the plan, you must file your objection at least five days before the confirmation hearing and serve a copy of the objection on the debtor, the debtor(s)’ counsel, the chapter 13 trustee, and parties requesting notice.

Bankruptcy Marvin Isgur

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

Civil cases

If a filing fee or installment is late, the Clerk must issue a pending-dismissal notice and serve it on the debtors, their counsel, and the Chapter 13 Trustee.

b. If the filing fee or any installment is not timely paid, the Clerk shall issue a notice of pending dismissal of the case for failure to pay filing fees. The notice of pending dismissal shall be served on the debtor(s), debtor(s)'counsel and the chapter 13 Trustee.

Bankruptcy Marvin Isgur

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

Civil cases

Applies to
Motion for extension of time

A motion to extend time to file the listed papers need be served only on the Chapter 13 Trustee and the U.S. Trustee.

b. A motion for extension of time to file the list of creditors, plan, schedules or statements need be served only on the chapter 13 Trustee and on the U.S. Trustee.

Bankruptcy Marvin Isgur

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

Civil cases

The IRS must send the tax transcript to the trustee, debtors, and debtor’s counsel no later than 7 days before the initial § 341 meeting date.

The Internal Revenue Service must send a tax transcript to the chapter 13 trustee, the debtors and the debtor’s counsel, with delivery to occur not later than 7 days prior to the initial date set for the § 341 meeting of creditors.

Bankruptcy Marvin Isgur

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

Civil cases

Service
Court service

The Clerk must promptly serve the Order on parties in interest, including the debtors, their counsel, and the IRS.

A copy of this Order shall promptly be served by the Clerk on parties in interest, including the debtor(s) and debtor(s)’ counsel and the United States Internal Revenue Service.

Bankruptcy Marvin Isgur

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

Civil cases

Applies to
Order

The party adding a new party must provide that party with this Order and all previously entered Orders.

The party causing the addition of a new party conference must provide copies of this Order and all previously entered Orders to the new party.

Judge Charles R. Eskridge III

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

Civil cases

Applies to
Order setting initial pretrial conference

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

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

Judge Fernando Rodriguez, Jr.

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

Civil cases

Deadline
90 calendar days

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

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

Judge Fernando Rodriguez, Jr.

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

Civil cases

The attorney adding new parties must provide them copies of this order and all previously entered orders.

The attorney causing the addition of new parties will provide copies of this order and all orders previously entered in the case to new parties.

Judge Jeffrey V. Brown

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

Criminal cases

Applies to
Motion to reopen

Copies of any motion to reopen must be served on Probation, the Court's case manager, and all other parties to the case.

5. Copies of any such motion to reopen must be served on Probation, the Court's case manager, and any other parties to the case.

Judge Keith P. Ellison

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

Civil cases

The IRS must be served at the addresses it periodically provides to the Clerk.

The Internal Revenue Service shall be served at the addresses provided by them from time-to-time to the Clerk.

Bankruptcy Marvin Isgur

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

Civil cases

The attorney adding new parties must provide them with copies of the order.

The Attorney causing the addition of new parties will provide copies of this Order to new parties.

Judge Ewing Werlein, Jr.

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

Civil cases

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

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

Judge Fernando Rodriguez, Jr.

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

Civil cases

The party requesting joinder must furnish the Scheduling Order to the new parties.

Party requesting joinder will furnish copy of this Scheduling Order to new parties.

Magistrate Judge Richard W. Bennett

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

Criminal cases

Opposing counsel should receive copies of courtesy documents at the same time unless they are automatically copied electronically.

Obviously, opposing counsel should be copied at the same time unless they are automatically copied electronically.

Senior Judge Andrew S. Hanen

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

Applies to
Rules of practice ?
Service
Other to opposing party ?

Plaintiffs must serve a copy of these rules on each defendant with the summons and complaint.

Summary: Plaintiffs must serve a copy of the Galveston Division Rules of Practice on each defendant together with the summons and complaint.

Judge Jeffrey V. Brown

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

Applies to
Rules of practice ?
Service
Other to all parties ?

A party removing a case to this court must serve a copy of these rules on all other parties with the removal papers.

Summary: A removing party must serve a copy of these rules on all other parties along with the removal papers.

Judge Jeffrey V. Brown

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

Applies to
Proof of service ?
Service
Other to clerk ?

Proof reflecting service of these rules must be filed with the U.S. District Clerk.

Summary: Proof of service of the Galveston Division Rules of Practice must be filed with the U.S. District Clerk.

Judge Jeffrey V. Brown

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

Applies to
Docket control order
Service
Other to other ?

If new parties are joined after entry of the docket-control order, the party causing such joinder shall provide to the new parties copies of both the operative docket-control order and these rules.

Summary: A party that causes new parties to be joined after entry of the docket-control order must provide them with copies of the operative docket-control order and these rules.

Judge Jeffrey V. Brown

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

Deadline
14 calendar days ?
Service
Other to all parties ?

If granted or allowed, the amended pleading shall be filed, with redline formatting removed, and served on all parties under Fed. R. Civ. P. 5 within fourteen (14) days of the filing of the order granting leave to amend, unless the court orders otherwise.

Summary: The amended pleading must be served on all parties under Fed. R. Civ. P. 5 within 14 days of the order granting leave to amend.

Judge Jeffrey V. Brown

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

Criminal cases

Deadline
0 hours ?
Service
Other to all parties ?

Service copies must be transmitted to all counsel of record simultaneously with (or prior to) and in the same manner as the document is transmitted to the Court.

Judge Marina Garcia Marmolejo

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

Criminal cases

Deadline
14 calendar days ?
Service
Other to opposing party ?

The attorney for the Defendant and the attorney for the Government shall submit either written objections or a written statement of non-opposition to the U.S. Probation Office and serve the same on opposing counsel within fourteen (14) days of receiving the PSI Report.

Summary: Objections or statements of non-opposition to the PSI Report must be served on opposing counsel within 14 days of receiving the PSI Report.

Judge Marina Garcia Marmolejo

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

Criminal cases

Service
Other to agency ?

The attorney for the Government shall timely notify the U.S. Probation Office of any recommendations prior to the disclosure deadline.

Summary: The Government's attorney must timely notify the U.S. Probation Office of any safety valve recommendations before the disclosure deadline.

Judge Marina Garcia Marmolejo

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

Applies to
Exhibits
Service
Other to opposing party ?

Exhibits must be exchanged between the parties/counsel before the joint pretrial order is filed.

Magistrate Judge Yvonne Y. Ho

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

Applies to
Exhibits
Service
Other to opposing party ?

Counsel requiring authentication of an opposing party's exhibits must notify the opponent in writing within the time required by the Local Rules.

Summary: Counsel who require authentication of an opposing party's exhibits must give written notice to the opponent by the Local Rules deadline.

Magistrate Judge Yvonne Y. Ho

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

Deadline
7 calendar days ?
Service
Other to opposing party ?

All parties requiring authentication of an exhibit must notify the offering counsel in writing within 7 days after the exhibit is listed and made available to opposing parties. Failure to do so may be deemed an admission of authenticity. See S.D. Tex. L.R. 44.1.

Summary: A party requiring authentication of an exhibit must notify offering counsel in writing within 7 days after the exhibit is listed and made available, or the failure may be deemed an admission of authenticity.

Magistrate Judge Yvonne Y. Ho

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

Civil cases

Deadline
5 business days
Applies to
Written notice of exhibit authentication ?
Service
Other to opposing party ?

Any counsel requiring authentication of an exhibit must notify counsel in writing within five (5) business days after the exhibit is made available to opposing counsel for examination. Failure to do so is an admission of authenticity.

Summary: Counsel requiring authentication of an exhibit must notify opposing counsel in writing within 5 business days after the exhibit is made available, otherwise authenticity is deemed admitted.

Senior Judge Andrew S. Hanen

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

Civil cases

Deadline
90 calendar days ?
Applies to
Complaint
Service
Other to opposing party ?

Any cause of action in which service upon defendant has not been perfected within 90 days after filing of the complaint will be dismissed for want of prosecution in accordance with FED. R. CIV. P. 4(m).

Summary: Service on the defendant must be perfected within 90 days after the complaint is filed, or the claim will be dismissed for want of prosecution under Fed. R. Civ. P. 4(m).

Senior Judge Andrew S. Hanen

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

Civil cases

Deadline
90 calendar days ?
Applies to
Complaint
Service
Other to opposing party ?

The plaintiff must serve the defendant within 90 days of filing the complaint. The plaintiff's failure to file proof of service within that time may result in dismissal by the court on its own initiative. See FED. R. CIV. P. 4(m).

Summary: The plaintiff must serve the defendant within 90 days of filing the complaint, and failure to file proof of service within that time may result in dismissal under FRCP 4(m).

Senior Judge Andrew S. Hanen

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

Civil cases

Applies to
Order for conference and rule 26f joint report form ?
Service
Other to opposing party ?

The Plaintiff(s) filing this suit, or the party removing this suit from state court, SHALL SERVE THE OPPOSING PARTY OR PARTIES with copies of: A. this ORDER FOR CONFERENCE, B. the form for the JOINT REPORT ON MEETING REQUIRED BY RULE 26(f) AND JOINT DISCOVERY/CASE MANAGEMENT PLAN. These papers SHALL BE SERVED CONTEMPORANEOUSLY WITH THE SUMMONS AND COMPLAINT.

Summary: The plaintiff or removing party must serve the order for conference and the Rule 26(f) joint report/case management plan form on opposing parties contemporaneously with the summons and complaint.

Senior Judge Andrew S. Hanen

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

Civil cases

Applies to
Order
Service
Other to all parties ?

All parties receiving this order shall copy all other parties with a copy of this order.

Summary: Any party receiving the order must provide a copy of the order to all other parties.

Senior Judge Andrew S. Hanen

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

Civil cases

Deadline
5 calendar days ?
Service
Other to opposing party ?

B. A party requiring authentication of an exhibit must notify the offering counsel in writing within five days after the exhibit is listed and made available; failure to object in writing in advance of the trial concedes authenticity.

Summary: A party requiring authentication of an exhibit must notify offering counsel in writing within five days after the exhibit is listed and made available, and failure to object in writing before trial concedes authenticity.

Senior Judge Andrew S. Hanen

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

Civil cases

Deadline
3 business days ?
Service
Other to court ?

C. Within reason, other objections to admissibility of exhibits must be made at least three business days before trial; the Court will be notified in writing of disputes, with copies of the disputed exhibit and authority.

Summary: Other objections to exhibit admissibility must be made at least three business days before trial, with written notice to the Court including copies of the disputed exhibit and authority.

Senior Judge Andrew S. Hanen

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

Civil cases

Deadline
90 calendar days ?
Service
Other to opposing party ?

The plaintiff must serve the defendant within 90 days of filing the complaint. The plaintiff’s failure to file proof of service within that time may result in dismissal by the court on its own initiative. See FED. R. CIV. P. 4(m).

Summary: Plaintiff must serve the defendant within 90 days of filing the complaint and file proof of service, or risk dismissal.

Senior Judge Andrew S. Hanen

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

Deadline
7 calendar days ?
Service
Other to opposing party ?

The parties should exchange proposed motions in limine, exhibit lists, and deposition designations at least one week before docket call.

Summary: Parties must exchange proposed motions in limine, exhibit lists, and deposition designations at least one week before docket call.

Judge Jeffrey V. Brown

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

Criminal cases

Required
Always ?
Applies to
Email correspondence
Service
Email to all parties ?

Email correspondence with the Court should copy all other counsel appearing in the case and will be docketed at the Court's discretion.

Summary: Email correspondence with the Court should copy all other counsel of record and may be docketed at the Court's discretion.

Judge Marina Garcia Marmolejo

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

Criminal cases

Deadline
0 hours ?
Service
Other to all parties ?

Letters to the Court may be hand-delivered, sent by First Class Mail to Chambers, or transmitted by email, with copies to all parties served prior to or at the time of filing.

Summary: Copies of letters to the Court must be served on all parties prior to or at the time of filing.

Judge Marina Garcia Marmolejo

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

Criminal cases

Service
Other to agency ?

Attorneys must also furnish Probation with both the request and documentary proof within the same five (5) business day timeframe, ensuring adequate time for Probation to verify and assess the request's merits.

Summary: Attorneys must furnish Probation with the travel request and documentary proof within the same five business day timeframe before the controlling deadline.

Judge Marina Garcia Marmolejo

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

Service
Other to all parties ?

Copies of any such documents must be transmitted to all counsel of record.

Summary: Copies of urgent documents hand-delivered or emailed to the Court must be transmitted to all counsel of record.

Magistrate Judge Yvonne Y. Ho

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

Applies to
Scheduling order
Service
Other to other ?

Party requesting joinder will furnish a copy of this scheduling order to new parties.

Summary: A party requesting joinder must furnish a copy of the scheduling order to any newly added parties.

Magistrate Judge Yvonne Y. Ho

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

Service
Other to opposing party ?

If any other witnesses are to be called at trial, their names, addresses, and the subject matter of their testimony must be reported to opposing counsel as soon as they are known. This restriction does not apply to a purely rebuttal or impeaching witness, but only if that witness's necessity or testimony could not reasonably have been anticipated before trial.

Summary: Additional trial witnesses must be reported to opposing counsel with names, addresses, and testimony subject matter as soon as known, except purely rebuttal or impeaching witnesses whose necessity or testimony could not reasonably have been anticipated before trial.

Magistrate Judge Yvonne Y. Ho

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

Civil cases

Service
Other to all parties ?

All counsel of record should be copied.

Summary: All counsel of record should be copied on case-related correspondence.

Senior Judge Andrew S. Hanen

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

Civil cases

Service
Other to opposing party ?

Obviously, opposing counsel should be copied at the same time unless they are automatically copied electronically.

Summary: Opposing counsel should be copied at the same time courtesy copies of urgent documents are sent to Chambers, unless they are automatically copied electronically.

Senior Judge Andrew S. Hanen

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

Civil cases

Required
Always ?
Service
Electronic service ?

All counsel are advised to keep their email addresses current in CM/ECF as the Clerk of the Court provides transmission of orders and motions through that interface.

Summary: Counsel must keep their email addresses current in CM/ECF because the Clerk transmits orders and motions through that interface.

Senior Judge Andrew S. Hanen

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

Civil cases

Service
Other to opposing party ?

B. If other witnesses to be called at the trial become known, their names, addresses, and subject of their testimony will be reported to opposing counsel in writing as soon as they are known; this does not apply to rebuttal or impeachment witnesses.

Summary: Newly identified trial witnesses must be reported to opposing counsel in writing as soon as they are known, except rebuttal or impeachment witnesses.

Senior Judge Andrew S. Hanen

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

Civil cases

Applies to
Order for conference
Service
Other to opposing party ?

The Plaintiff(s) filing this suit, or the party removing this suit from state court, SHALL SERVE THE OPPOSING PARTY OR PARTIES with copies of: A. this ORDER FOR CONFERENCE, B. the form for the JOINT REPORT ON MEETING REQUIRED BY RULE 26(f) AND JOINT DISCOVERY/CASE MANAGEMENT PLAN. These papers SHALL BE SERVED CONTEMPORANEOUSLY WITH THE SUMMONS AND COMPLAINT.

Summary: The plaintiff or removing party must serve the opposing party with copies of the order and joint report form contemporaneously with the summons and complaint.

Senior Judge Andrew S. Hanen

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

Civil cases

The objection must be served on the Debtor, the Debtor’s counsel, the chapter 13 trustee, and any party holding security interest in the vehicle.

Summary: An objection to the adequate protection order must be served on the debtor, debtor’s counsel, the chapter 13 trustee, and any vehicle lienholder.

Bankruptcy Marvin Isgur

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

Civil cases

Applies to
Wage order ?

The chapter 13 trustee and the debtors shall each submit a copy of this order to the employer.

Summary: The chapter 13 trustee and the debtors must each submit a copy of the wage order to the employer.

Bankruptcy Marvin Isgur

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Court procedures and practices
Service
Other to all parties ?

The plaintiff must serve these Court Procedures and Practices on all defendants, along with the Order for Conference and Disclosure of Interested Parties, the summons, and the complaint. A party removing a case to this Court has the same obligations as a plaintiff filing an original complaint. Proof reflecting service of these materials must be filed with the Clerk.

Summary: Plaintiff must serve Court Procedures and Practices with initial complaint documents; proof of service must be filed with the Clerk.

Judge Alfred H. Bennett

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Motion for default judgment ?
Service
Mail to all parties ?

The party seeking the default judgment must notify all parties by regular and certified mail (return receipt requested) in accordance with Local Rule 5.5 of the Southern District of Texas.

Summary: Default judgment movant must notify all parties by regular and certified mail with return receipt requested per Local Rule 5.5.

Judge Alfred H. Bennett

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Order
Service
Other to opposing party ?

Plaintiffs must serve a copy of the Order for Conference and Disclosure of Interested Parties on Defendants with the summons and complaint.

Summary: Plaintiffs must serve the Order for Conference and Disclosure of Interested Parties on defendants along with the summons and complaint.

Judge David Hittner

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Order
Service
Other to all parties ?

Defendants removing cases from state court must serve a copy of the Order for Conference and Disclosure of Interested Parties on all other counsel and file a Certificate of Service with the Clerk of this Court.

Summary: Defendants removing cases from state court must serve the Order for Conference and Disclosure of Interested Parties on all other counsel.

Judge David Hittner

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Order
Service
Mail to all parties ?

On _______________________________, I served by certified mail counsel of record and unrepresented parties copies of the Court’s Order, Docket Control Order, and Court Procedures.

Summary: In removed actions, service of Court’s Order, Docket Control Order, and Court Procedures must be by certified mail on counsel of record and unrepresented parties.

Judge David Hittner

Machine summary. Not checked yet.CRITICAL?

Civil cases

Service
Other to opposing party ?

Such documents or copies thereof shall be made available to opposing counsel prior to trial.

Summary: Exhibit documents or copies must be made available to opposing counsel prior to trial.

Judge David Hittner

Machine summary. Not checked yet.CRITICAL?

Service
Other to opposing party ?

Service. Plaintiff must formally serve these procedures with the summons and complaint and file proof of service.

Summary: Plaintiff must serve the Court's standing procedures with the summons and complaint and file proof of service.

Judge Drew B. Tipton

Machine summary. Not checked yet.CRITICAL?

Service
Electronic service to all parties ?

Service. For parties represented by counsel with CM/ECF credentials, filing through the CM/ECF system constitutes sufficient service on other parties. For other parties, provide formal service in compliance with applicable rules.

Summary: Filing via CM/ECF is sufficient service for represented parties; pro se parties must use formal service methods.

Judge Drew B. Tipton

Machine summary. Not checked yet.CRITICAL?

Deadline
0 calendar days ?
Applies to
Letter
Service
Email to all parties ?

Prior to or with delivery of any letter or email to the Court, use the same means to provide a copy to all other parties.

Summary: Serve all parties with a copy of any letter or email sent to the Court using the same delivery method.

Judge Drew B. Tipton

Machine summary. Not checked yet.CRITICAL?

Deadline
90 calendar days ?
Applies to
Complaint
Service
Other to defendant ?

The Court may dismiss for want of prosecution any Defendant upon whom Plaintiff has not perfected service within ninety days after filing the complaint pursuant to Rule 4(m).

Summary: Service of the complaint on defendants must be perfected within 90 days of filing to avoid dismissal for want of prosecution.

Judge Drew B. Tipton

Machine summary. Not checked yet.CRITICAL?

Deadline
0 calendar days ?
Applies to
Trial exhibit ?
Service
Other to all parties ?

Seek agreement on the form of exchange. Absent agreement, exchange well-organized USB drives or provide for similar electronic transfer or download. In civil cases, exchange all exhibits no later than the date the Joint Pretrial Order is filed. In criminal cases, the Court sets the schedule for disclosure of exhibits.

Summary: Trial exhibits must be exchanged; civil parties must exchange by the Joint Pretrial Order filing date, criminal schedule set by Court.

Judge Drew B. Tipton

Machine summary. Not checked yet.CRITICAL?

Deadline
2 calendar days ?
Service
Other to all parties ?

In civil cases, by 8:00 p.m. two days in advance of the first day of trial, Plaintiff must notify all other parties as to the order of witnesses expected during the first two days of trial. Once trial commences, the parties must update one another at the end of each trial day on the order of witnesses expected during the next two trial days.

Summary: In civil cases, plaintiff must notify parties of witness order two days before trial, and update daily during trial.

Judge Drew B. Tipton

Machine summary. Not checked yet.CRITICAL?

Deadline
2 calendar days ?
Service
Other to opposing party ?

Provide revised designations to opposing counsel two days in advance of intended use.

Summary: Revised deposition designations must be provided to opposing counsel two days before intended use.

Judge Drew B. Tipton

Machine summary. Not checked yet.CRITICAL?

Service
Other to opposing party ?

In addition to service required by rule, the initiating party must in good faith attempt immediate informal service on the opposing party by any available means, including forwarding the application to the last-known mail and email addresses.

Summary: TRO/immediate relief applicants must attempt immediate informal service on opposing parties via mail/email.

Judge Drew B. Tipton

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

Civil cases

A. All exhibits must be marked and exchanged among counsel before trial.

Summary: Exhibits must be marked and exchanged among counsel before trial.

Judge John D. Rainey

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

Criminal cases

2. If a hearing is to be reopened, the government must provide notice to any alleged victim and an opportunity to be heard.

Summary: If a detention hearing will be reopened, the government must notify any alleged victim and provide an opportunity to be heard.

Judge Keith P. Ellison

Machine summary. Not checked yet.CRITICAL?

Deadline
5 business days
Applies to
Exhibit
Service
Mail to opposing party ?

Any counsel requiring authentication of an exhibit must notify offering counsel in writing within five (5) business days after the exhibit is listed and authenticity. See Local Rule 44.1 and CrLR55.2A.

Summary: Counsel requiring exhibit authentication must notify offering counsel in writing within 5 business days of exhibit listing.

Judge Keith P. Ellison

Machine summary. Not checked yet.CRITICAL?

Applies to
Order to disclose interested persons ?
Service
Personal service to opposing party ?

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

Summary: Counsel filing or removing an action must serve a copy of the Order to Disclose Interested Persons with the summons and complaint or notice of removal.

Judge Keith P. Ellison

Machine summary. Not checked yet.CRITICAL?

Applies to
Scheduling order ?
Service
Other to other ?

The Attorney causing the addition of new parties will provide copies of this Order to new parties.

Summary: Attorneys who add new parties must provide copies of this scheduling order to the new parties.

Judge Keith P. Ellison

Machine summary. Not checked yet.CRITICAL?

Applies to
Complaint

THE ATTACHED MUST BE SERVED WITH THE SUMMONS AND COMPLAINT OR REMOVAL PAPERS. Plaintiff must serve these materials, and the Order for Conference And Disclosure Of Interested Parties on all defendants with the summons and complaint. A party removing a case to this Court has the same obligation as a plaintiff filing an original complaint. Proof reflecting service of these materials must be filed with the Clerk.

Summary: Plaintiff must serve Court Procedures and Order for Conference And Disclosure Of Interested Parties with summons and complaint; removing parties have same obligation. Proof of service must be filed with Clerk.

Judge Keith P. Ellison

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Cover page
Service
Other ?

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

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

Judge Kenneth M. Hoyt

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Summons and complaint
Service
Other to opposing party ?

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

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

Judge Kenneth M. Hoyt

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Notice of removal ?
Service
Other to opposing party ?

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

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

Judge Kenneth M. Hoyt

Machine summary. Not checked yet.CRITICAL?

Civil cases

Service
Other to clerk ?

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

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

Judge Kenneth M. Hoyt

Machine summary. Not checked yet.CRITICAL?

Civil cases

Service
Other to opposing party ?

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

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

Judge Kenneth M. Hoyt

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Order for conference

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

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

Judge Kenneth M. Hoyt

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

Civil cases

Exchange all exhibits no later than the date the Joint Pretrial Order is filed.

Summary: All exhibits must be exchanged no later than the date the Joint Pretrial Order is filed.

Judge Nicholas Jon Ganjei

Machine summary. Not checked yet.CRITICAL?

Civil cases

Service
Other to all parties ?

Furnish a copy of this scheduling order to new parties.

Summary: Parties must provide a copy of the scheduling order to any new parties joined.

Judge Rolando Olvera

Machine summary. Not checked yet.CRITICAL?

Civil cases

Service
Other to opposing party ?

Each party must provide the following information to any opposing parties: (1) The identity of witnesses, specifically identifying each witness the party intends to present at trial, rather than those that may be called on prospective rebuttal or if the need arises. (2) The identity of witnesses whose testimony will be presented by deposition, including a transcript of the pertinent portions of testimony to be presented. (3) Documents and exhibits, with identifying headings, that the party intends to present at trial, and those it may present if the need arises. (4) The name(s) of Plaintiff’s experts, and reports, 180 days before the discovery deadline.

Summary: Parties must provide pretrial disclosures including witness identities, deposition testimony, documents/exhibits, and expert information to opposing parties.

Judge Rolando Olvera

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline
90 calendar days ?
Service
Other to opposing party ?

In accordance with FRCP 4(m), if a defendant is not served within 90 days after the complaint is filed, the Court—on motion or on its own after notice to the plaintiff—will dismiss the action without prejudice against that defendant or order that service be made within a specified time. If the plaintiff shows good cause for the failure, the Court will extend the time for service for an appropriate period.

Summary: Defendant must be served within 90 days of complaint filing; failure leads to dismissal unless good cause shown.

Judge Rolando Olvera

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline
90 calendar days ?
Applies to
Complaint
Service
Other to opposing party ?

The plaintiff must serve defendant within 90 days of filing the complaint. The plaintiff’s failure to file proof of service within that time may result in dismissal by the Court on its own initiative. See Fed. R. Civ. P. 4(m).

Summary: Plaintiff must serve defendant within 90 days of filing the complaint; proof of service must be filed within that time to avoid dismissal.

Judge Rolando Olvera

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline
0 calendar days ?
Applies to
Summons and complaint
Service
Other to opposing party ?

Plaintiff(s), or the party removing a suit from state court, MUST SERVE THE OPPOSING PARTY OR PARTIES with copies of: A. This ORDER FOR CONFERENCE, B. The form for the JOINT DISCOVERY/CASE MANAGEMENT PLAN AS REQUIRED BY RULE 26(f). C. The form for the PROPOSED JOINT SCHEDULING ORDER and CERFICIATE REGARDING GENERATIVE ARTIFICIAL INTELLIGENCE. The above documents MUST BE SERVED ALONG WITH THE SUMMONS AND COMPLAINT.

Summary: Plaintiff must serve opposing party with order for conference, joint case management plan form, and proposed scheduling order/AI certificate along with summons and complaint.

Judge Rolando Olvera

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Exhibits
Service
Other to opposing party ?

make all listed exhibits available for examination by opposing counsel

Summary: All listed exhibits must be made available for examination by opposing counsel.

Judge Rolando Olvera

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline
0 calendar days ?
Applies to
Exhibits
Service
Other to opposing party ?

All documentary exhibits must be exchanged on the date the Joint Pretrial Order is filed, except for rebuttal exhibits and those whose use cannot be anticipated.

Summary: Documentary exhibits must be exchanged on the date the Joint Pretrial Order is filed, except for rebuttal exhibits and exhibits whose use cannot be anticipated.

Judge Rolando Olvera

Machine summary. Not checked yet.CRITICAL?

Applies to
Court procedures ?
Service
Other to other ?

THE ATTACHED MUST BE SERVED WITH THE SUMMONS AND COMPLAINT OR REMOVAL PAPERS

Summary: Attached court materials must be served with summons and complaint or removal papers.

Judge Sim Lake

Machine summary. Not checked yet.CRITICAL?

Applies to
Court procedures ?
Service
Other to other ?

Plaintiff must serve these materials and the Order for Conference and Disclosure of Interested Parties on all defendants with the summons and complaint.

Summary: Plaintiffs must serve court materials and Order for Conference and Disclosure of Interested Parties on all defendants with summons and complaint.

Judge Sim Lake

Machine summary. Not checked yet.CRITICAL?

Applies to
Court procedures ?
Service
Other to other ?

A party removing a case to this court has the same obligation as a plaintiff filing an original complaint.

Summary: Parties removing cases to this court must comply with the same service obligations as plaintiffs filing original complaints.

Judge Sim Lake

Machine summary. Not checked yet.CRITICAL?

Service
Other ?

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

Summary: Proof of service for court materials must be filed with the Clerk.

Judge Sim Lake

Machine summary. Not checked yet.CRITICAL?

Service
Other to opposing party ?

Each counsel will make all such exhibits available for examination by opposing counsel. This rule does not apply to rebuttal exhibits that cannot be anticipated.

Summary: Exhibits must be made available for opposing counsel examination except unanticipatable rebuttal exhibits.

Judge Sim Lake

Machine summary. Not checked yet.CRITICAL?

Service
Other to opposing party ?

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

Summary: Additional witness info must be reported to opposing counsel as soon as known, except unanticipatable witnesses.

Judge Sim Lake

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

Criminal cases

with notice to opposing counsel.

Summary: Opposing counsel must receive notice when exhibit and witness lists are provided.

Senior Judge Andrew S. Hanen

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Civil cases

All parties requiring authentication of an exhibit must notify the offering counsel in writing within 7 days after the exhibit is listed and made available to opposing parties. Failure to do so may be deemed an admission of authenticity.

Machine summary

A party requiring exhibit authentication must notify offering counsel in writing within 7 days after the exhibit is listed and made available, or authenticity may be deemed admitted.

Machine summary. Not checked yet.CRITICAL?

Applies to
Procedures
Service
Other to all parties ?

These Procedures Must Be Served With The Summons And Complaint Or Removal Papers

Summary: These Procedures must be served alongside the summons and complaint or removal papers.

Senior Judge Lee H. Rosenthal

Machine summary. Not checked yet.CRITICAL?

Applies to
Procedures and rule 16 order ?
Service
Other to all parties ?

The plaintiff must serve these Procedures and the Order Scheduling Rule 16 Conference on all defendants and other parties, along with the summons and complaint.

Summary: Plaintiffs must serve these Procedures and the Rule 16 scheduling order on all defendants and parties with the summons and complaint.

Senior Judge Lee H. Rosenthal

Machine summary. Not checked yet.CRITICAL?

Applies to
Procedures and rule 16 order ?
Service
Other to all parties ?

A party removing a case to this court has the same obligation as a plaintiff filing an original complaint.

Summary: Parties removing a case to this court must comply with the same service requirements as plaintiffs.

Senior Judge Lee H. Rosenthal

Machine summary. Not checked yet.CRITICAL?

Service
Other ?

Proof of service of these materials must be filed.

Summary: Proof of service for these Procedures and Rule 16 order must be filed with the court.

Senior Judge Lee H. Rosenthal

Machine summary. Not checked yet.CRITICAL?

Deadline
7 calendar days ?
Service
Mail ?

Any counsel requiring authentication of an exhibit must notify offering counsel in writing within 7 days after the exhibit is identified as a trial exhibit and made available for examination. Failure to do so may be deemed an admission of authenticity.

Summary: Counsel must notify offering counsel in writing within 7 days of exhibit identification to require authentication, or risk admission of authenticity.

Senior Judge Lee H. Rosenthal

Machine summary. Not checked yet.CRITICAL?

Service
Email to case manager ?

Applications for restraining orders or for other immediate relief are to be filed and a copy emailed to the case manager. Counsel must inform the case manager if the opposing party has been contacted and whether and when all parties can be available for a conference before the court.

Summary: Emergency motions for immediate relief must be filed and emailed to the case manager, who must be informed of opposing party contact and availability.

Senior Judge Lee H. Rosenthal

Machine summary. Not checked yet.CRITICAL?

Deadline
120 calendar days ?
Applies to
Complaint
Service
Other to opposing party ?

Any defendant who has not been served within 120 days after the complaint is filed may be dismissed, in accordance with Fed. R. Civ. P. 4.

Summary: Defendants must be served within 120 days after complaint filing to avoid dismissal.

Senior Judge Lee H. Rosenthal

Machine summary. Not checked yet.CRITICAL?

Service
Other to opposing party ?

Each party will make the exhibits available for examination by the opposing parties.

Summary: Parties must make all expected exhibits available for examination by opposing parties.

Senior Judge Lee H. Rosenthal

Machine summary. Not checked yet.CRITICAL?

Deadline
7 calendar days ?
Applies to
Exhibit authentication notice ?
Service
Other to opposing party ?

All parties requiring authentication of an exhibit must notify the offering counsel in writing within 7 days after the exhibit is listed and made available to opposing parties. Failure to do so may be deemed an admission of authenticity.

Summary: Parties must notify offering counsel in writing within 7 days of exhibit listing if authentication is required, or risk admission of authenticity.

Senior Judge Lee H. Rosenthal

We could not find this wording in the court's document. Open the source before relying on it.WARNING?

Civil cases

Seek agreement on the form of exchange. Absent agreement, exchange well-organized USB drives or provide for similar electronic transfer or download.

Machine summary

Parties should agree on the form of exhibit exchange; absent agreement, use well-organized USB drives or a similar electronic transfer or download.

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

Criminal cases

3) All counsel of record should be copied.

Summary: All counsel of record should receive copies of case-related correspondence.

Senior Judge Andrew S. Hanen

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

Criminal cases

Appropriate notice should be given to opposing counsel.

Summary: Counsel should give opposing counsel appropriate notice.

Senior Judge Andrew S. Hanen

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

Civil cases

Deadline
10 business days ?

Deposition transcripts or portions thereof may be designated either (a) when the testimony is recorded, or (b) by written notice to all counsel of record, given within ten business days after the Designating Person’s receipt of the transcript in which case all counsel receiving such notice shall be responsible for marking the copies of the designated transcript or portion thereof in their possession or control as directed by the Designating Person.

Summary: A deposition transcript may be designated during the testimony or by written notice to all counsel within ten business days after the designating person receives the transcript; counsel receiving notice must mark their copies as directed.

Senior Judge Lee H. Rosenthal
Common questions about Southern District of Texas service and proof of service rules

What rule applies to service for order in Southern District of Texas?

Judge Charles R. Eskridge III: The rule addresses service method, recipient, or timing requirements. The party adding a new party must provide that party with this Order and all previously entered Orders.

View ruleOfficial source Source: page 2, section Scheduling and Docket Control Order

Senior Judge Andrew S. Hanen: The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties. Any party receiving the order must provide a copy of the order to all other parties. Machine summary, not yet verified; check the linked order.

Judge David Hittner: Proof of service is not required by this specific service rule. Details: recipient: the opposing party. Plaintiffs must serve the Order for Conference and Disclosure of Interested Parties on defendants along with the summons and complaint. Machine summary, not yet verified; check the linked order.

View ruleOfficial source Source: page 1, section To Counsel for Plaintiff or Defendant Removing Case

2 more rules answer this question in the list above.

What rule applies to service for order setting initial pretrial conference in Southern District of Texas?

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

View ruleOfficial source Source: page 1, section Order Setting Initial Pretrial Conference

What rule applies to serving the opposing party in Southern District of Texas?

Judge Fernando Rodriguez, Jr.: The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party, timing: 90 calendar days after filing. The plaintiff must serve the defendant within 90 days after filing the complaint.

View ruleOfficial source Source: page 1, section Order Setting Initial Pretrial Conference

Senior Judge Andrew S. Hanen: The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party. Opposing counsel should receive copies of courtesy documents at the same time unless they are automatically copied electronically.

View ruleOfficial source Source: page 3, section CONTACT WITH COURT PERSONNEL

Judge David Hittner: The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party, timing: before trial. Exhibit documents or copies must be made available to opposing counsel prior to trial. Machine summary, not yet verified; check the linked order.

View ruleOfficial source Source: page 13, section Exhibits

20 more rules answer this question in the list above.

What rule applies to service for notice in Southern District of Texas?

Bankruptcy Marvin Isgur: The rule addresses service method, recipient, or timing requirements. Details: method: service by mail, timing: at filing. If the plan is filed after the petition date, the Debtor must mail a new notice with the Plan and Plan Summary on the day the plan is filed.

View ruleOfficial source Source: page 1, section Early Confirmation

What rule applies to service for motion for abandonment in Southern District of Texas?

Bankruptcy Marvin Isgur: The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party. The Rule 4001 motion for abandonment must be served on the affected creditor.

View ruleOfficial source Source: page 6, section Events Subsequent to Confirmation

What rule applies to service for proof of claim in Southern District of Texas?

Bankruptcy Marvin Isgur: The rule addresses service method, recipient, or timing requirements. Priority and secured proofs of claim must be served on the Debtor, the Debtor’s counsel, and the chapter 13 trustee, in addition to being filed on the proof of claim registry.

View ruleOfficial source Source: page 7, section Payments