Judge Sim Lake
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Filings > 15 pages
- 1 copy • Chambers Drop Off • Within Three Days Of Filing
Instrument
- 1 copy • Chambers Drop Off • Before Conference Or Hearing
Trial Filing
- 2 copies • Hand Delivery • Upon Filing
Communication
Clerk
Phone
Clerk
Phone
Clerk
Fax
Clerk
Chambers
Page & Word Limits1 rule
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Without leave of court no motion, memorandum of law, or brief may exceed 25 total pages. This 25-page limitation includes all statements of fact and all factual and legal arguments.
Summary: Motions, memoranda of law, and briefs are limited to 25 pages total without leave of court; limit includes all factual and legal arguments.
Brief
25 pages
Applies to: Attorney
Document Format Requirements7 rules
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All exhibits submitted in support of a motion, memorandum of law, or brief must be tabbed at the right margin. A party who submits more than five exhibits shall include a table of contents describing each exhibit and listing the tab where it is located. All citations to an exhibit must refer to the letter or number of its tab.
Summary: Exhibits supporting motions/briefs must be tabbed at the right margin; more than 5 exhibits require a TOC with tab numbers.
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Citations to deposition or affidavit testimony must include the appropriate page or paragraph numbers. Citations to other documents or materials with three or more pages must include some sort of pinpoint citation. For example, a contract may be cited by section number, an employee handbook may be cited by page number, and a document without internal divisions may be Bates-stamped or otherwise marked and cited accordingly.
Summary: Deposition/affidavit citations must include page/paragraph numbers; documents over 3 pages require pinpoint citations.
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Follow the form distributed by the court, adapting it within reason to the size and type of case.
Summary: Joint pretrial orders must use the court-distributed form, adapted reasonably to the case.
Machine summary. Not checked yet.Mandatory?
thumb-drive compatible with Corel WordPerfect X9.
Summary: Proposed jury charge must be submitted on a thumb-drive compatible with Corel WordPerfect X9.
Word Perfect
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Each requested instruction, definition, and question must be numbered and presented on a separate sheet of paper with authority. If the parties, in good faith, cannot agree on all instructions, definitions, and questions, they will submit a single, unified charge. Each disputed instruction, definition, and question is to be underlined and identified as disputed. Each disputed item should be labeled to show which party is requesting the disputed language. Accompanying the charge will be the authority on which the offering party relies and on which the opposing party relies.
Summary: Proposed joint jury charge must have numbered items on separate sheets with authority; disputed items underlined, labeled, with both parties' authority.
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Counsel for each party is required to provide the court with a copy of that party’s exhibits in a properly tabbed and indexed notebook.
Summary: Parties must provide the court with a copy of their exhibits in a properly tabbed and indexed notebook.
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The offering party will mark his own exhibits with the party’s name, case number, and exhibit number on each exhibit to be offered.
Summary: Offering parties must mark each exhibit with their name, case number, and exhibit number.
Document Filing Requirements22 rules
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Motions, memoranda of law, and briefs that are 10 pages or less must contain items (3), (4), (5), (6), (7), and (8) listed below. Any motion, memorandum of law, or brief of more than 10 pages must contain all items listed below. (1) A table of contents setting forth the page number of each section, including all headings designated in the body of the motion or brief. (2) A table of citations of cases, statutes, rules, textbooks, and other authorities, alphabetically. (3) A short statement of the nature and stage of the proceeding. (4) A short statement of relevant facts. (5) A statement of the issues to be ruled upon by the court and with respect to each issue a short statement, supported by authority, of the standard of review. (6) A short summary of the argument. (7) The argument shall be divided under appropriate headings succinctly setting forth separate points. (8) A short conclusion stating the precise relief sought.
Summary: Motions/briefs over 10 pages must include TOC, TOA, nature of proceeding, relevant facts, issues, argument summary, argument with headings, and conclusion; briefs 10 pages or less must include items (3)-(8).
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
The court will not hear discovery motions unless moving counsel advises the court, in the motion, that counsel have conferred in a good faith effort to resolve the matters in dispute but are unable to reach an agreement. If counsel have been unable to confer because of the 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, or if not, facts of attempts to confer; court will not hear motions without this statement.
Document Type
Discovery Motion
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If a party cites legal authority not found in the United States Code, Supreme Court Reporter, Federal Reporter, Federal Rules Decisions, Federal Supplement, Southwestern Reporter, or Vernon’s Revised Statutes and Codes Annotated, the relevant parts of such authority must be submitted as an exhibit. If the authority is a case, the entire case must be included.
Summary: Citations to non-standard legal authority must be submitted as an exhibit; entire case must be included if authority is a case.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
Memorandum of Law
Summary: Memorandum of Law is required for non-jury trials.
Document Type
Memorandum Of Law
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Joint pretrial orders must be signed by all counsel and parties appearing pro se.
Summary: Joint pretrial orders must be signed by all counsel and pro se parties.
Document Type
Joint Pretrial Order
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Proposed Findings of Fact and Conclusions of Law. Each proposed conclusion of law will contain citation to the legal authority supporting the conclusion. Counsel are strongly encouraged to include in proposed findings of fact references to testimony and exhibits that support each proposed finding.
Summary: Non-jury trials require Proposed Findings of Fact and Conclusions of Law, with mandatory legal citations for conclusions and encouraged testimony/exhibit references for findings.
Document Type
Proposed Findings Conclusions
Machine summary. Not checked yet.Mandatory?
Memorandum of Law.
Summary: Memorandum of Law is required for jury trials.
Document Type
Memorandum Of Law
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Witness List
Summary: Witness List is required for all trials and evidentiary hearings.
Document Type
Witness List
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Objections to Exhibits
Summary: Objections to Exhibits are required for all trials and evidentiary hearings.
Document Type
Objections To Exhibits
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Exhibit List (form attached)
Summary: Exhibit List (using court-attached form) is required for all trials and evidentiary hearings.
Document Type
Exhibit List
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Plaintiff is responsible for timely filing the complete joint pretrial order. The court will not accept separate versions of the pretrial order.
Summary: Plaintiff must file a complete joint pretrial order; court rejects separate versions of pretrial orders.
Document Type
Joint Pretrial Order
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the case will be set for trial if the complete joint pretrial order has been filed.
Summary: Trial will only be set if a complete joint pretrial order has been filed.
Document Type
Joint Pretrial Order
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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.
Summary: Exhibits must be marked with party name, case number, and exhibit number prior to trial.
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
Each counsel will attach to this joint pretrial order two copies of a list of all exhibits to be offered (form attached)
Summary: Joint pretrial orders must include two copies of the exhibit list.
Document Type
Joint Pretrial Order
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State briefly the issues of law in dispute.
Summary: Joint pretrial orders must briefly state contested legal issues.
Document Type
Joint Pretrial Order
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Each counsel will also attach to the joint pretrial order two copies of a list of witnesses’ names for use only by court personnel.
Summary: Joint pretrial orders must include two copies of witness names for court personnel.
Document Type
Joint Pretrial Order
Machine summary. Not checked yet.Mandatory?
List all factual issues in controversy necessary to the final disposition of this case.
Summary: Joint pretrial orders must list all factual issues in controversy necessary for final case disposition.
Document Type
Joint Pretrial Order
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Delineate those legal propositions not in dispute.
Summary: Joint pretrial orders must delineate agreed legal propositions not in dispute.
Document Type
Joint Pretrial Order
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If a witness is to appear by deposition, cite the inclusive pages and lines to be read.
Summary: Deposition witnesses require citation of inclusive pages and lines to be read.
Document Type
Joint Pretrial Order
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List the names and addresses of witnesses who will or may be called and include a brief statement of the subject matter and substance of their testimony.
Summary: Joint pretrial orders must list witness names, addresses, and testimony subject matter.
Document Type
Joint Pretrial Order
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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.
Summary: Joint pretrial orders must include settlement status statement.
Document Type
Joint Pretrial Order
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Include in this paragraph the following: (a) whether trial will be Jury or Non-Jury, (b) probable length of trial, and (c) availability of witnesses.
Summary: Joint pretrial orders must include trial type, length, and witness availability.
Document Type
Joint Pretrial Order
Filing & Service rules
Filing Timing and Cure Windows
Submission dates may be extended by counsel agreement unless violating a court deadline; notify Case Manager immediately in writing of any extension agreement.
The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Counsel should immediately notify the Case Manager, in writing, of such an agreement.
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Page 4 | Motion Practice
Instruments filed within 3 days of docket call are not considered for docket call proceedings.
No instrument filed within 2:30 P.M. three days of docket call will be considered.
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Page 15 | DOCKET CALL
Deposition objections must be filed at least 3 business days before trial.
Objections to those portions (citing pages and lines) with supporting authority must be filed at least three business days before trial.
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Page 17 | Witnesses
Service and Proof of Service Rules
Attached court materials must be served with summons and complaint or removal papers.
THE ATTACHED MUST BE SERVED WITH THE SUMMONS AND COMPLAINT OR REMOVAL PAPERS
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Page 1
Plaintiffs must serve court materials and Order for Conference and Disclosure of Interested Parties on all defendants with summons and complaint.
Plaintiff must serve these materials and the Order for Conference and Disclosure of Interested Parties on all defendants with the summons and complaint.
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Parties removing cases to this court must comply with the same service obligations as plaintiffs filing original complaints.
A party removing a case to this court has the same obligation as a plaintiff filing an original complaint.
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Proof of service for court materials must be filed with the Clerk.
Proof reflecting service of these materials must be filed with the Clerk.
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Additional witness info must be reported to opposing counsel as soon as known, except unanticipatable witnesses.
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.
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Page 17 | Witnesses
Exhibits must be made available for opposing counsel examination except unanticipatable rebuttal exhibits.
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.
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Page 17 | Exhibits
Courtesy Copy Requirements
Counsel and pro se parties must deliver chambers copies of all instruments filed within 3 days of a conference or hearing; non-compliance results in the instrument not being considered.
Counsel and all parties appearing pro se will deliver to chambers copies of all instruments filed within 3 days of any conference or hearing. Unless this rule is complied with the court will not consider any instrument filed within 3 days of any court appearance.
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Page 5 | Motion Practice
Chambers copies of all instruments exceeding 15 pages must be delivered within three days of filing.
Copies of all instruments exceeding 15 pages must be delivered to chambers within three days of filing.
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Page 5 | Motion Practice
Submit two copies of documents filed immediately before or during trial to the Case Manager or courtroom law clerk.
Two copies of documents filed immediately prior to and during trial should be submitted to the Case Manager or the law clerk present in the courtroom.
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Page 10 | COURTROOM PROCEDURES
Pre-Motion Conference Requirements
Ex parte restraining order applications are only allowed if the requirements of Federal Rule of Civil Procedure 65(b) are met.
Ex parte applications for restraining orders will not be entertained by the court unless the requirements of Fed. R. Civ. P. 65(b) have been satisfied.
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Page 3 | Emergencies
Applications for restraining orders or immediate relief must be submitted through the Case Manager, who will present them after counsel confirms opposing party contact and availability for conference.
Applications for restraining orders or for other immediate relief shall be made through the Case Manager. Applications shall be presented to the court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the court.
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Page 3 | Emergencies
Dispositive motions are due 30 days after mediation/settlement conference impasse; such conference with magistrate judge is required before filing dispositive motions.
MEDIATION or SETTLEMENT CONFERENCE BEFORE THE MAGISTRATE JUDGE Dispositive motions will be due thirty (30) days after the mediator or magistrate judge declares an impasse.
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Page 15 | MEDIATION or SETTLEMENT CONFERENCE BEFORE THE MAGISTRATE JUDGE
Court follows Local Rules written motion practice; most motions are decided without oral hearing and are considered after the submission date.
The court follows the written motion practice described in the Local Rules. Since most motions will be ruled on without an oral hearing, concise, clear motions and briefs are very important. The motion will be considered by the court after the submission date.
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Page 4 | Motion Practice
Oral argument requests are not required; court will notify counsel if oral argument is beneficial. Counsel must be prepared to discuss pending motions at all conferences, hearings, and docket calls.
Requests for oral argument on motions are not necessary. The court will notify counsel if the court determines that oral argument would be beneficial. Counsel should be prepared at all conferences, hearings, and docket call to respond to questions from the court about all pending motions.
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Page 5 | Motion Practice
Adjournment & Extension Requirements
Joint continuance motions are not binding and will be granted only at the court's discretion.
Joint motions for continuance are not binding, and they will be granted at the court’s discretion.
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Page 3 | Continuances
Motions to extend Docket Control Order deadlines are not classified as emergencies.
Motions for extension of deadlines in the Docket Control Order are not emergencies.
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Page 3 | Emergencies
Trial continuances are not granted for witness unavailability; counsel must use depositions or stipulations to present testimony.
A trial will not be continued because of the unavailability of a witness. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.
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Page 4 | Continuances
Cases set for trial will not be adjourned due to prior trial settings unless the attorney has actually commenced trial in another court.
Unless an attorney has actually commenced trial in another court, prior trial settings will not cause a case to be passed after the court has set it for trial.
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Page 8 | TRIAL SETTINGS - B
Chambers Communication Rules
All case-related correspondence must be addressed to the District Clerk at the specified Houston PO Box.
Case-related correspondence must be addressed to: United States District Clerk Post Office Box 61010 Houston, Texas 77208
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Page 3 | Contact with Court Personnel
Case Manager will not respond to casual telephone inquiries about motions or case status; inquiries to the Case Manager must be via email or letter.
The case load will not allow the Case Manager to respond to casual telephone inquiries about motions and case status generally. Inquiries to the Case Manager should be by email or letter.
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Page 3 | Contact with Court Personnel
Filing, order entry, and docket information must be obtained from the District Clerk's Office via phone at 713/250-5500.
Information about the filing of documents, entry of orders, or docket entries should be obtained from the United States District Clerk’s Office (713/250-5500).
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Page 3 | Contact with Court Personnel
Case-related telephone inquiries must be directed only to the Case Manager, not the court's secretary or law clerks.
Case-related telephone inquiries should be made only to the Case Manager. Inquiries should not be made to the court’s secretary or law clerks.
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Page 3 | Contact with Court Personnel
Substantive issues are prohibited in emails and letters, as they are not docketed or part of the appellate record.
Do not address substantive issues in emails or letters because they are not docketed or included in the appellate record.
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Page 3 | Contact with Court Personnel
Out-of-town counsel seeking telephone appearance must submit a written request with direct phone number to the Case Manager as early as possible before the hearing.
If out-of-town counsel wish to appear by telephone, a written request, including the attorney’s direct telephone number, should be made to the Case Manager as far as reasonably possible before the date of the conference or hearing. The court will attempt to accommodate such requests.
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Page 4 | Appearances
Counsel must immediately notify the Case Manager via email when a scheduled conference, hearing, or trial matter is resolved.
Counsel will notify the Case Manager immediately by email of the resolution of any matter that is set for conference, hearing, or trial.
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Page 4 | Appearances
Judge’s staff and counsel must refrain from requesting use of telephones in chambers.
Judge’s staff, and counsel shall refrain from requesting use of telephones in chambers.
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Page 10 | COURTROOM PROCEDURES
Contact information for Case Manager Sheila R. Anderson is provided for court-related communications.
Sheila R. Anderson Case Manager United States District Clerk Post Office Box 61010 Houston, Texas 77208 Telephone: Ofc. (713) 250-5514 Cell (832) 370-4142 Facsimile: (713) 250-5010 Email: Sheila_R_Anderson@txs.uscourts.gov
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Page 2
Copies of urgent documents, including letters, may be sent to chambers.
Copies of urgent documents (including letters) may be sent to chambers.
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Page 3 | Contact with Court Personnel