Judge Andrew S. Hanen

Electronic filings must comply with the Administrative Procedures for Electronic Filing in Civil and Criminal Cases.

Electronic filings shall be in accordance with Administrative Procedures for Electronic Filing in Civil and Criminal Cases.

Civil cases

Page 4 | 3. Electronic Filings

The Southern District of Texas requires electronic filing of all pleadings under Local Rule 5.1.

The Southern District of Texas requires electronic filing of all pleadings. LR 5.1.

Civil cases

Page 4 | 3. Electronic Filings

Conventional (paper) filing of documents greater than 25 pages requires leave of court, and such documents should be filed electronically when possible.

Leave of Court is required for the conventional filing of documents greater than 25 pages in length. Such documents should be filed electronically when possible.

Civil cases

Page 5 | 3. Electronic Filings

Conventional filing of over-sized or irregularly shaped documents that cannot be readily imaged requires leave of court, and such documents should be filed electronically when possible.

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

Civil cases

Page 5 | 3. Electronic Filings

Conventional filing of double-sided documents requires leave of court, and such documents should be filed electronically when possible.

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

Civil cases

Page 5 | 3. Electronic Filings

For proposed findings of fact and conclusions of law, counsel must e-file the originals, provide hard copies to the Case Manager, and email the Word version to the Case Manager.

Counsel must e-file the originals, provide hard copies to the Case Manager, and email the Word version to the Case Manager.

Civil cases

Page 15 | 11. Required Pretrial Materials - Non-Jury Trials

Memorandum of Law should be e-filed according to the prevailing rule. Hard copies need only be filed of those authorities not readily available.

Memorandum of Law should be e-filed according to the prevailing rule. Hard copies need only be filed of those authorities not readily available.

Civil cases

Page 15 | 11. Required Pretrial Materials - Non-Jury Trials

Each party must enter its exhibits on the Court's ECF system.

Each party is responsible for entering their exhibit on the Court's ECF system.

Civil cases

Page 16 | 13. Exhibits

Case-related correspondence must be addressed to and electronically filed with the United States District Clerk at the stated address.

2) Case-related correspondence must be addressed to and e-filed with: United States District Clerk 515 Rusk Street, Room 5300 Houston, Texas 77002

Criminal cases

Page 3 | CONTACT WITH COURT PERSONNEL — Correspondence

Filing oversized or irregularly shaped documents that cannot readily be imaged requires leave of Court, and electronic filing should be used when possible.

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

Criminal cases

Page 4 | ELECTRONIC FILINGS — Voluminous, double-sided, or irregular documents

All pleadings must be filed electronically in the Southern District of Texas.

A. The Southern District of Texas requires electronic filing of all pleadings. LR 5.1.

Criminal cases

Page 4 | ELECTRONIC FILINGS

Conventional filing of documents longer than 20 pages requires leave of Court, and electronic filing should be used when possible.

1) Leave of Court is required for the conventional filing of documents greater than 20 pages in length. Such documents should be filed electronically when possible.

Criminal cases

Page 4 | ELECTRONIC FILINGS — Voluminous, double-sided, or irregular documents

Conventional filing of double-sided documents requires leave of Court, and electronic filing should be used when possible.

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

Criminal cases

Page 4 | ELECTRONIC FILINGS — Voluminous, double-sided, or irregular documents

Counsel must electronically file copies of their exhibit and witness lists.

Counsel must provide electronically filed copies of their exhibit and witness lists

Criminal cases

Page 7 | REQUIRED PRETRIAL MATERIALS

Each party must enter its exhibit on the Court’s ECF system.

Each party is responsible for entering their exhibit on the Court’s ECF system.

Criminal cases

Page 8 | EXHIBITS

Electronic filings must comply with the Administrative Procedures for Electronic Filing in Civil and Criminal Cases; filing questions should be directed to the Clerk’s Office.

B. Electronic filings shall be in accordance with Administrative Procedures for Electronic Filing in Civil and Criminal Cases. Questions regarding electronic filing should be directed to the Clerk’s Office.

Criminal cases

Page 4 | ELECTRONIC FILINGS

Nondispositive motions must be filed at least 45 days before the final pretrial conference unless the Scheduling Order provides otherwise.

Unless otherwise indicated in the Scheduling Order entered at the Initial Pretrial Conference, dispositive motions must be filed at least 120 days, and nondispositive motions must be filed at least 45 days, before the date set for final pretrial conference (also referred to as docket call).

Civil cases

Page 7 | Motion Practice - B

Dispositive motions, including Daubert motions, must be filed at least 120 days before the final pretrial conference unless the Scheduling Order provides otherwise.

Unless otherwise indicated in the Scheduling Order entered at the Initial Pretrial Conference, dispositive motions must be filed at least 120 days, and nondispositive motions must be filed at least 45 days, before the date set for final pretrial conference (also referred to as docket call). A Daubert motion falls under the rule governing dispositive motions.

Civil cases

Page 7 | Motion Practice - B

Attempts to reach opposing counsel made less than two full business days before filing do not satisfy the conference requirement.

The Court will not consider the conference requirement to be satisfied by an unsuccessful attempt to reach opposing counsel occurring less than two full business days before a motion is filed.

Civil cases

Page 7 | Motion Practice - C

Replies must be filed within 10 days after the response and should only address new arguments, authority, or evidence presented in the response.

If the movant desires to file a reply, it must be filed within 10 days thereafter. The reply should not unnecessarily repeat arguments made in the motion and should only respond to any new arguments, authority, or evidence presented by the opposing party in the response.

Civil cases

Page 8 | Motion Practice - D

Responses to opposed motions are due within 21 days after the motion is filed with the Clerk's Office, unless otherwise ordered.

Unless otherwise ordered, counsel must respond to an opposed motion within 21 days from the date the motion is filed with the Clerk's Office.

Civil cases

Page 8 | Motion Practice - D

Late-filed motions, responses, or replies must be accompanied by a motion for leave to file showing good cause; late filings without such a motion will not be considered.

Any motion, response, or reply filed after the time limits contained in these rules must be accompanied by a motion for leave to file that explains why the document was not timely filed. The Court will only grant a motion for leave to file a motion, response, or reply late if good cause is shown. A motion, response, or reply filed late, and not accompanied by a motion for leave, will not be considered.

Civil cases

Page 8 | Motion Practice - G

Failure to respond, or to respond timely, to a motion is treated as no opposition and as agreement to the motion and the relief requested.

Failure to respond to a motion will be taken as a representation of no opposition. Failure to file a timely response shall be taken as an indication that the opposing party agrees to the motion and the relief requested.

Civil cases

Page 8 | Motion Practice - D

Counsel must file a joint case management plan at least 14 days before the initial pretrial and scheduling conference.

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).

Civil cases

Page 12 | 10. Initial Pretrial and Scheduling Conference

Pretrial disclosures must be made at least 30 days before trial unless otherwise directed by the court.

Unless otherwise directed by the court, these disclosures must be made at least 30 days before trial. See FED. R. CIV. P. 26(a)(3).

Civil cases

Page 13 | 11. Required Pretrial Materials - A. Pretrial Disclosures

Objections to deposition designations must be filed at least three business days before the final pretrial conference, and objecting counsel bears the burden of securing a ruling before trial begins.

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. Counsel making such objection shall have the burden of securing a ruling from the Court either at the final pretrial conference or at some other time before the trial has begun.

Civil cases

Page 19 | 17. DEPOSITIONS

Within 15 days of receiving this order, counsel must file a list of all financially interested entities (including parent, subsidiary, and affiliated corporations and all known attorneys of record), with group descriptions permitted where effective disclosure.

Within 15 days of receiving this order, counsel must file a list of all entities that are financially interested in this litigation, including parent, subsidiary, and affiliated corporations as well as all known attorneys of record. When a group description is effective disclosure, an individual listing is not necessary.

Civil cases

Page 23 | Order Setting Conference

Counsel must file a joint case management plan at least 14 days before the initial pretrial conference.

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. See FED. R. CIV. P. 26(f).

Civil cases

Page 23 | Order Setting Conference

In employment cases subject to the Initial Discovery Protocols, the parties must exchange the protocol documents and information within 30 days after the defendant's submission of a responsive pleading or motion, superseding FRCP 26(a)(1) initial disclosures.

Within 30 days after the defendant’s submission of a responsive pleading or motion, the parties must provide to one another the documents and information described in the Initial Discovery Protocols for the relevant time period. This obligation supersedes the parties’ obligations to provide initial disclosures under FED. R. CIV. P. 26(a)(1).

Civil cases

Page 43 | Initial Discovery Protocols for Employment Cases Alleging Adverse Action

If any of the parties think that a protective order should be entered in this case, the part[y/ies] seeking the order should request an order from the court as soon as possible, but no later than 15 days after the defendant’s submission of a responsive pleading or motion.

If any of the parties think that a protective order should be entered in this case, the part[y/ies] seeking the order should request an order from the court as soon as possible, but no later than 15 days after the defendant’s submission of a responsive pleading or motion.

Civil cases

Page 44 | Initial Discovery Protocols for Employment Cases Alleging Adverse Action

Exhibit and witness lists must be electronically filed at least 24 hours before the hearing.

Exhibit and witness lists must be electronically filed at least 24 hours prior to the hearing.

Criminal cases

Page 6 | MOTION PRACTICE

Motions to dismiss, sever, or for separate trial must be specific and brought to the Court’s attention at least 30 days before jury selection.

All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and brought to the Court’s attention at least thirty (30) days before jury selection.

Criminal cases

Page 6 | MOTION PRACTICE

An opposition to discovery must be filed immediately, and responses must comply with the specified Local Rules.

If discovery is opposed, opposition must be filed immediately and response(s) must comply with the Local Rules for the Southern District of Texas, in particular SDTX CrLR 12.3.

Criminal cases

Page 12 | SCHEDULING ORDER

The specified motions must be filed with a hearing request at least 30 days before jury selection.

All Motions to Dismiss the Indictment, Motions to Sever or for Separate Trials, and any other motions, regardless of how styled, which challenge and/or collaterally attack a prior order of deportation [for example, those made pursuant to 28 U.S.C. § 2241] shall be filed together with a request for a hearing at least thirty (30) days before jury selection.

Criminal cases

Page 23 | APPENDIX “B”

The specified motions must be filed with a hearing request at least 30 days before jury selection.

All Motions to Dismiss the Indictment, Motions to Sever or for Separate Trials, and any other motions, regardless of how styled, which challenge and/or collaterally attack a prior order of deportation [for example, those made pursuant to 28 U.S.C. § 2241] shall be filed together with a request for a hearing at least thirty (30) days before jury selection.

Criminal cases

Page 1 | ORDER

Motions in limine may be filed with the Final Pretrial Order, but counsel are cautioned not to try to utilize a limine motion in lieu of a motion that should have been filed as a dispositive or Daubert motion.

Motions in limine may be filed with the Final Pretrial Order, but counsel are cautioned not to try to utilize a limine motion in lieu of a motion that should have been filed as a dispositive or Daubert motion.

Civil cases

Page 7 | Motion Practice - B

Failure to designate material as confidential at production is not a waiver, provided the material is designated no later than the later of 14 days after the close of discovery or 14 days after production.

The disclosure of a document or information without designating it as “confidential” shall not constitute a waiver of the right to designate such document or information as Confidential Information provided that the material is designated pursuant to the procedures set forth herein no later than that latter of fourteen (14) days after the close of discovery or fourteen (14) days after the document or information’s production.

Civil cases

Page 51 | Stipulation and Order Regarding Confidential Information, Paragraph 7

Counsel must file a list of financially interested entities within 15 days of receiving the order and amend it as parties are added.

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

Civil cases

Page 1 | Order Setting Conference

Counsel must file a joint case management plan at least 14 days before the conference.

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. See FED. R. CIV. P. 26(f).

Civil cases

Page 1 | Order Setting Conference

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.

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.

Civil cases

Page 16 | 13. Exhibits

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).

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).

Civil cases

Page 21 | 18. Settlement and Orders of Dismissal

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).

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).

Civil cases

Page 23 | Order Setting Conference

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.

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.

Civil cases

Page 24 | Order Setting Conference

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

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

Civil cases

Page 25

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.

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.

Civil cases

Page 32 | REQUIRED CONTENTS OF THE JOINT PRETRIAL ORDER - Exhibits

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.

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.

Civil cases

Page 32 | REQUIRED CONTENTS OF THE JOINT PRETRIAL ORDER - Exhibits

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

with notice to opposing counsel.

Criminal cases

Page 7 | REQUIRED PRETRIAL MATERIALS

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

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).

Civil cases

Page 1 | Order Setting Conference

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

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

Civil cases

Page 3 | 1. Contact with Court Personnel

All counsel of record should be copied.

All counsel of record should be copied.

Civil cases

Page 3 | 1. Contact with Court Personnel

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.

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.

Civil cases

Page 3 | 1. Contact with Court Personnel

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

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.

Civil cases

Page 32 | REQUIRED CONTENTS OF THE JOINT PRETRIAL ORDER - Witnesses

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.

Criminal cases

Page 3 | CONTACT WITH COURT PERSONNEL

3) All counsel of record should be copied.

3) All counsel of record should be copied.

Criminal cases

Page 3 | CONTACT WITH COURT PERSONNEL — Correspondence

Counsel should give opposing counsel appropriate notice.

Appropriate notice should be given to opposing counsel.

Criminal cases

Page 6 | MOTION PRACTICE

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.

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.

Civil cases

Page 2 | Order Setting Conference

Nevertheless, parties should submit courtesy hard copies to the Case Manager if any part of a filing is sealed.

Nevertheless, parties should submit courtesy hard copies to the Case Manager if any part of a filing is sealed.

Civil cases

Page 4 | 3. Electronic Filings

In addition to physical or electronic filing, counsel must send a file-stamped courtesy hard copy of emergency motions directly to the Case Manager.

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

Civil cases

Page 4 | 2. Emergencies

Where a courtesy copy is required, the courtesy hard copy and the electronic filing must both be filed on the same day.

In cases where a courtesy copy is required, both the courtesy hard copy and the electronic filing must be filed on the same day.

Civil cases

Page 5 | 3. Electronic Filings

For any deposition proffers and counter-proffers, the party making the proffer will provide a copy of the proffer, counter-proffer and a complete copy of the deposition

For any deposition proffers and counter-proffers, the party making the proffer will provide a copy of the proffer, counter-proffer and a complete copy of the deposition

Civil cases

Page 15 | 12. Trial Settings

Parties must provide the Court a copy of all potential exhibits at the Pretrial Conference.

The parties are to provide the Court a copy of all potential exhibits at the Pretrial Conference.

Civil cases

Page 15 | 12. Trial Settings

Each party must provide the Court a copy of its exhibits in a properly tabbed and indexed notebook, in addition to the original exhibits.

In addition to the original exhibits, 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.

Civil cases

Page 16 | 13. Exhibits

Two copies of documents filed immediately prior to and during the trial should be submitted to the Case Manager.

Two copies of documents filed immediately prior to and during the trial should be submitted to the Case Manager.

Civil cases

Page 17 | 15. Courtroom Procedures - D. Filing Documents

Counsel must send a file-stamped courtesy hard copy of each emergency motion directly to the Case Manager in addition to filing it physically or electronically.

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

Criminal cases

Page 4 | EMERGENCIES

A file-stamped courtesy hard copy of any filing, including attachments, longer than 20 pages must be submitted to the Case Manager.

The parties shall submit a file-stamped courtesy hard copy to the Case Manager of all filings, including any attachments, that are greater than 20 pages in length.

Criminal cases

Page 4 | ELECTRONIC FILINGS

A courtesy copy must be made available to the Court for documents exceeding 25 pages.

A courtesy copy must be made available to the Court if it exceeds 25 pages.

Criminal cases

Page 12 | SCHEDULING ORDER

Filings over 20 pages require a file-stamped hard copy courtesy copy sent to the Case Manager.

The parties shall submit a file-stamped courtesy hard copy to the Case Manager of all filings, including any attachments, that are greater than 20 pages in length.

Civil cases

Page 4 | ELECTRONIC FILINGS

Emergency motions require a file-stamped hard copy courtesy copy sent to the Case Manager upon filing.

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

Civil cases

Page 4 | EMERGENCIES

Courtesy hard copies and electronic filings must be filed on the same day when possible.

If possible, both the courtesy hard copy and the electronic filing must be filed on the same day.

Civil cases

Page 5 | ELECTRONIC FILINGS

Counsel must provide the Court with a tabbed, indexed notebook copy of their exhibits.

In addition to the original exhibits, 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.

Civil cases

Page 16 | EXHIBITS

Two copies of documents filed immediately before or during trial should be submitted to the Case Manager.

Two copies of documents filed immediately prior to and during the trial should be submitted to the Case Manager.

Civil cases

Page 17 | COURTROOM PROCEDURES

Courtesy copy required for proposed voir dire questions and jury instructions exceeding 25 pages.

A courtesy copy must be made available to the Court if it exceeds 25 pages.

Criminal cases

Page 1 | 4. Docket call and Final Pretrial Conference

File-stamped courtesy copies of urgent documents may be sent to Chambers (via the Case Manager) after the originals are filed with the Clerk of the Court. Courtesy copies should designate the docket number of the filed document. They should include all exhibits and should not be redacted even if the filed motion is.

File-stamped courtesy copies of urgent documents may be sent to Chambers (via the Case Manager) after the originals are filed with the Clerk of the Court. Courtesy copies should designate the docket number of the filed document. They should include all exhibits and should not be redacted even if the filed motion is.

Civil cases

Page 3 | 1. Contact with Court Personnel

The Court may request a courtesy hard copy from any party at any time, and parties should promptly deliver the copy to Chambers.

Additionally, the Court may request a courtesy hard copy of any party at any time and the parties should promptly deliver the copy to Chambers.

Civil cases

Page 4 | 3. Electronic Filings

Parties generally should not submit courtesy hard copies to the Case Manager, except when a filing is sealed or the Court requests one.

Generally, parties should not submit courtesy hard copies to the Case Manager.

Civil cases

Page 4 | 3. Electronic Filings

File-stamped courtesy copies of urgent documents may be sent to Chambers through the Case Manager after the originals are filed.

E. File-stamped courtesy copies of urgent documents may be sent to Chambers (via the Case Manager) after the originals are filed with the Clerk of the Court.

Criminal cases

Page 3 | CONTACT WITH COURT PERSONNEL

If possible, file the courtesy hard copy on the same day as the electronic filing.

D. If possible, both the courtesy hard copy and the electronic filing must be filed on the same day.

Criminal cases

Page 5 | ELECTRONIC FILINGS

Two copies of documents filed immediately prior to and during the trial should be submitted to the Case Manager.

Two copies of documents filed immediately prior to and during the trial should be submitted to the Case Manager.

Criminal cases

Page 9 | COURTROOM PROCEDURES

Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court.

Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court.

Civil cases

Page 52 | Stipulation and Order Regarding Confidential Information, Paragraph 8

Confidential information filed with the Court must be filed under seal to the extent permitted by law and remain sealed until further order; the producing party must satisfy any additional court preconditions, and only confidential portions should be sealed where possible.

All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court. To the extent the Court requires any further act by the parties as a precondition to the filing of documents under seal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it shall be the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. Where possible, only confidential portions of filings with the Court shall be filed under seal.

Civil cases

Page 8

Counsel must comply with Fed. R. Civ. P. 5.2(a) to protect minor plaintiffs' identities and privileged information.

Counsel shall keep in mind and comply with FED. R. CIV. P. 5.2(a) to protect the identities and other privileged information of minors.

Civil cases

Page 20 | 18. SETTLEMENT AND ORDERS OF DISMISSAL

Counsel must comply with FRCP 5.2(a) to protect the identities and privileged information of minors in filings.

Counsel shall keep in mind and comply with FED. R. CIV. P. 5.2(a) to protect the identities and other privileged information of minors.

Civil cases

Page 20 | 18. SETTLEMENT AND ORDERS OF DISMISSAL

Only the confidential portions of court filings should be placed under seal where possible, with non-confidential portions remaining public.

Where possible, only confidential portions of filings with the Court shall be filed under seal.

Civil cases

Page 52 | Stipulation and Order Regarding Confidential Information, Paragraph 8

If the Court requires any further preconditions to sealing beyond submission of the Stipulation and Order, the producing party of the documents must satisfy those preconditions.

To the extent the Court requires any further act by the parties as a precondition to the filing of documents under seal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it shall be the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition.

Civil cases

Page 52 | Stipulation and Order Regarding Confidential Information, Paragraph 8

Counsel may not combine two different and unrelated pleadings (motions, responses, replies, or exhibits) into a single electronically filed document.

Counsel shall not combine two different and unrelated pleadings (motions, responses, replies, or exhibits) into the same electronically filed document.

Civil cases

Page 5 | 3. Electronic Filings

All motions should incorporate supporting briefs or authority and pertinent exhibits. Motions are not to exceed twenty pages. Briefs must be filed together with or incorporated within a motion, response, or reply.

All motions should incorporate supporting briefs or authority and pertinent exhibits. Motions are not to exceed twenty pages. Briefs must be filed together with or incorporated within a motion, response, or reply.

Civil cases

Page 9 | 7. Motion Practice

Required pretrial order attachments must be filed as separate documents rather than bundled with the joint pretrial order.

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

Civil cases

Page 32 | REQUIRED CONTENTS OF THE JOINT PRETRIAL ORDER - Attachments

Counsel should NOT attempt to avoid this requirement by unnecessarily separating a motion, brief, and attachments or exhibits into separate submissions.

Counsel should NOT attempt to avoid this requirement by unnecessarily separating a motion, brief, and attachments or exhibits into separate submissions.

Civil cases

Page 4 | ELECTRONIC FILINGS

Prohibited from combining unrelated pleadings into a single electronically filed document.

Counsel shall not combine two different and unrelated pleadings (motions, responses, replies, or exhibits) into the same electronically filed document.

Civil cases

Page 5 | ELECTRONIC FILINGS

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

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

Civil cases

Page 9 | MOTION_PRACTICE

Counsel should NOT attempt to avoid this requirement by unnecessarily separating a motion, brief, and attachments or exhibits into separate submissions.

Counsel should NOT attempt to avoid this requirement by unnecessarily separating a motion, brief, and attachments or exhibits into separate submissions.

Criminal cases

Page 4 | ELECTRONIC FILINGS

Counsel must not combine different, unrelated pleadings in one electronically filed document.

Counsel shall not combine two different and unrelated pleadings (motions, responses, replies, or exhibits) into the same electronically filed document.

Criminal cases

Page 5 | ELECTRONIC FILINGS

Applications for restraining orders or immediate relief must be presented to the Court via the Case Manager only after counsel affirms that the opposing party has been contacted and both parties can be available for a conference.

Applications shall be presented to the Court via 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.

Civil cases

Page 4 | 2. Emergencies

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

Ex parte applications for restraining orders are discouraged and will not be entertained by the Court unless the requirements of FED. R. CIV. P. 65(b) have been satisfied.

Civil cases

Page 4 | 2. Emergencies

The party seeking the pre-motion conference must submit a one- to two-page letter (copies to all counsel and unrepresented parties) identifying the disputes and issues, and the letters must include a written statement that counsel conferred in good faith without agreement; opposing parties must respond in similar fashion before the conference.

The party seeking the conference must submit a one- to two-page letter to the Court with copies to all counsel and unrepresented parties, identifying the disputes and setting out the issues to be addressed. This is not a brief and need not set out case law or argument. Instead, the letter is an agenda for the pre-motion conference and should simply set out the dispute. Opposing parties must respond in similar fashion before the Conference, with the same limitations. The letters must include a written statement that counsel have actually conferred in a good-faith effort to resolve the issues but are unable to reach an agreement.

Civil cases

Page 11 | 8. Discovery and Other Pretrial Disputes

Before arranging the pre-motion conference, the parties must actually confer (speak) to attempt to resolve the issues; an email or phone call alone is not a valid conferral.

Prior to arranging for this conference, the parties must have actually conferred in an attempt to work out the issues. Merely sending an e- mail or making a phone call is not a valid attempt to work out the dispute. The attorneys must have actually talked. See Section 7C above.

Civil cases

Page 11 | 8. Discovery and Other Pretrial Disputes

Parties must arrange a pre-motion conference with the Court (by emailing the Case Manager and opposing counsel) before filing any motion, brief, or accompanying material on disputed discovery or other pretrial matters.

Any party wishing to raise disputed discovery or other pretrial matters must arrange for a conference with the Court before filing any motion, brief, or accompanying material. The party must email the Case Manager and opposing counsel to arrange for a pre-motion conference.

Civil cases

Page 11 | 8. Discovery and Other Pretrial Disputes

Restraining order applications are presented to the Court by the Case Manager after counsel affirms opposing party contact and both parties' availability for conference.

Applications shall be presented to the Court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the Court.

Civil cases

Page 4 | EMERGENCIES

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

Ex parte applications for restraining orders are discouraged and will not be entertained by the Court unless the requirements of FED. R. CIV. P. 65(b) have been satisfied.

Civil cases

Page 4 | EMERGENCIES

Opposed motions require response within 21 days, reply within 10 days after response; sur-replies allowed per local rules, and court may rule when motion is ripe.

Unless otherwise ordered, counsel must respond to an opposed motion within 21 days from the date the motion is filed with the Clerk’s Office. If the movant desires to file a reply, it must be filed within 10 days thereafter. A sur-reply may be filed as per the local rules; but the Court will not wait on a sur-reply to rule. The Court may rule on any motion once it becomes ripe regardless of whether a response, reply, or sur-reply has been filed.

Civil cases

Page 7 | D. Motion Response and Reply Deadlines

Pre-motion conference is required before filing motions or briefs related to disputed discovery or pretrial matters.

Any party wishing to raise disputed discovery or other pretrial matters must arrange for a conference with the Court before filing any motion, brief, or accompanying material.

Civil cases

Page 11 | DISCOVERY AND OTHER PRETRIAL DISPUTES

The Court will schedule the pre-motion conference as soon as practicable commensurate to the demands of its docket, generally within a few days after the request is made. Unless otherwise directed, counsel may participate only by a land- based telephone.

The Court will schedule the pre-motion conference as soon as practicable commensurate to the demands of its docket, generally within a few days after the request is made. Unless otherwise directed, counsel may participate only by a land- based telephone.

Civil cases

Page 11 | 8. Discovery and Other Pretrial Disputes

Disputed discovery/pretrial issues are resolved at the pre-motion conference when possible, and written submissions and a filing schedule are set at the conference only if the Court cannot resolve the issues without them.

To the extent possible, the disputed issues will be resolved at the pre-motion conference, without the need for a formal motion or response. If the Court cannot resolve all or part of the issues raised without a written submission and response, the issues to be addressed and a filing schedule will be set during the conference.

Civil cases

Page 11 | 8. Discovery and Other Pretrial Disputes

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

Counsel are reminded that, as required by The Civil Justice Reform Act of 1990, 28 U.S.C. § 473(b)(3), the Cost and Delay Reduction Plan, “all requests for extensions of deadlines from completion of discovery or for postponement of the trial [must] be signed by the attorney and the party making the request.”

Civil cases

Page 5 | 4. CONTINUANCES

Once a trial is scheduled, a continuance will be granted only in extraordinary circumstances.

once a trial is scheduled, a continuance will only be granted in extraordinary circumstances.

Civil cases

Page 6 | 4. CONTINUANCES

Motions to extend discovery deadlines must be filed far enough in advance of the deadline to allow opposing counsel to respond before it expires.

Motions for extension of discovery deadlines must be filed far enough in advance of the deadline so that opposing counsel may respond prior to the deadline.

Civil cases

Page 12 | 8. Discovery and Other Pretrial Disputes

Other case management plan deadlines may be changed only if all parties agree and a letter signed by all counsel memorializing the change is filed with the Court.

Counsel may change other deadlines, if all parties agree and a letter memorializing the change signed by counsel for all the parties is filed with the Court.

Civil cases

Page 13 | Scheduling Order / Case Management Plan

Agreements between counsel cannot change deadlines for dispositive motions, replies thereto, the final pretrial order, the final pretrial conference, or jury selection.

Counsel are advised to give these dates careful consideration as the Court will not automatically honor agreements between counsel to alter such dates in the case management plan. Agreements between counsel changing deadlines for dispositive motions, replies thereto, final pretrial order, final pretrial conference, and jury selection will not be honored.

Civil cases

Page 13 | Scheduling Order / Case Management Plan

The Court will not grant a continuance based on information obtained from discovery conducted after the discovery deadline.

No continuance will be granted because of information acquired in post-deadline discovery.

Civil cases

Page 29 | Scheduling Order - 5. Discovery must be completed by

A motion requesting a continuance must state the requested length of the continuance.

All motions shall set out the length of time for which the continuance is requested.

Criminal cases

Page 6 | CONTINUANCES

A trial will not be continued because a witness, expert, or other party is unavailable.

Trial will not be continued because a witness, expert, or other party is unavailable.

Criminal cases

Page 6 | CONTINUANCES

Continuance motions must be filed at least three business days before the court setting; same-day motions require good cause and remain subject to the Court’s discretion.

Motions for continuance must be filed at least three (3) business days prior to the date of the court setting and will be granted only at the Court’s discretion. Motions for continuance made on the day the matter is set will not be granted absent a showing of good cause.

Criminal cases

Page 13 | CONTINUANCES

Extensions of Scheduling and Docket Control Order deadlines are not considered emergencies.

Motions for extension of deadlines in the Scheduling and Docket Control Order are not emergencies.

Civil cases

Page 4 | CONTINUANCES

Extension and trial postponement requests must be signed by the attorney and party making the request.

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

Civil cases

Page 5 | CONTINUANCES

Continuances not granted for expert or medical witness unavailability; use depositions or stipulations instead.

A trial will not be continued because an expert or medical witness is unavailable. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Civil cases

Page 5 | CONTINUANCES

Continuances granted only in extraordinary circumstances once trial is scheduled.

Once a trial is scheduled, a continuance will only be granted in extraordinary circumstances.

Civil cases

Page 6 | CONTINUANCES

Late motions, responses, or replies must include a motion for leave explaining the delay; only granted for good cause, and late filings without leave will not be considered.

Any motion, response, or reply filed after the time limits contained in these rules must be accompanied by a motion for leave to file that explains why the document was not timely filed. The Court will only grant a motion for leave to file a motion, response, or reply late if good cause is shown. A motion, response, or reply filed late, and not accompanied by a motion for leave, will not be considered.

Civil cases

Page 8 | G. Late Filings

Extensions of certain pretrial deadlines are prohibited, while other deadlines may be extended with all parties' agreement and a filed signed letter.

Agreements between counsel changing deadlines for dispositive motions, replies thereto, final pretrial order, final pretrial conference, and jury selection will not be honored. Counsel may change other deadlines, if all parties agree and a letter memorializing the change signed by counsel for all the parties is filed with the Court.

Civil cases

Page 13 | PRETRIAL CONFERENCE

Continuance motions require 3 business days' notice; same-day motions need good cause.

Motions for continuance must be filed at least three (3) business days prior to the date of the court setting and will be granted only at the Court’s discretion. Motions for continuance made on the day the matter is set will not be granted absent a showing of good cause.

Criminal cases

Page 2 | 7. Motions for continuance

Motions for extension of deadlines in the Scheduling and Docket Control Order are not emergencies and may not be treated as such.

Motions for extension of deadlines in the Scheduling and Docket Control Order are not emergencies.

Civil cases

Page 4 | 2. Emergencies

A trial will not be continued because an expert or medical witness is unavailable. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

A trial will not be continued because an expert or medical witness is unavailable. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Civil cases

Page 5 | 4. CONTINUANCES

Joint motions for continuances are not binding on the Court and will be granted only at the Court's discretion.

Joint motions for continuances are not binding on the Court, and they will be granted only at the Court’s discretion.

Civil cases

Page 5 | 4. CONTINUANCES

The Court will not recess so counsel can call a missing witness unless that witness was subpoenaed and failed to appear.

Counsel should bear in mind the Court's hours and arrange for witnesses accordingly. The Court will not recess to permit counsel to call a missing witness unless he or she has been subpoenaed and has failed to appear.

Civil cases

Page 18 | 15. Courtroom Procedures - F. Witnesses

Counsel may extend the discovery deadline by agreement, but the Court will not intervene in or approve such extensions.

Counsel may agree to continue discovery beyond the deadline, but there will be no intervention by the Court.

Civil cases

Page 29 | Scheduling Order - 5. Discovery must be completed by

Joint continuance motions are not binding and are granted only at the Court’s discretion.

Joint motions for continuances are not binding, and they will be granted only at the Court’s discretion.

Criminal cases

Page 5 | CONTINUANCES

Except as permitted under Section 8A, parties must not address substantive issues in letter form to the Court because such letters may not be docketed or included in the appellate record.

Unless pursuant to Section 8A, do not address substantive issues in letter form addressed to the Court because they may not be docketed or included in the appellate record.

Civil cases

Page 3 | 1. Contact with Court Personnel

Case-related correspondence must be addressed to and e-filed with the United States District Clerk, 515 Rusk Street, Room 5300, Houston, Texas 77002.

Case-related correspondence must be addressed to and e-filed with: United States District Clerk 515 Rusk Street, Room 5300 Houston, Texas 77002

Civil cases

Page 3 | 1. Contact with Court Personnel

Counsel shall email or call the Case Manager at (713) 250-5518 for matters requiring immediate attention.

Counsel shall email or contact the Case Manager at (713) 250-5518 for matters requiring immediate attention.

Civil cases

Page 4 | 2. Emergencies

Applications for restraining orders or other immediate relief must be made through the Clerk's Office at 515 Rusk Street, Room 5300, Houston, Texas 77002, (713) 250-5500.

Applications for restraining orders or other applications for immediate relief must be made through the Clerk’s Office: U.S. District Clerk’s Office, 515 Rusk Street, Room 5300, Houston, Texas 77002, (713) 250-5500.

Civil cases

Page 4 | 2. Emergencies

Counsel must immediately notify the Case Manager by e-mail when any case settles.

Counsel shall immediately notify the Case Manager via e-mail upon settlement of any case.

Civil cases

Page 20 | 18. SETTLEMENT AND ORDERS OF DISMISSAL

All contact with law clerks is ex parte contact with the Court and must be made through the Case Manager.

Contact with the law clerks is ex parte contact with the Court. Contact must be through the Case Manager.

Page 1 | Courtroom Etiquette

For matters requiring immediate attention, counsel must email or contact the Case Manager at the stated number.

A. Counsel shall email or contact the Case Manager at (713) 250-5518 for matters requiring immediate attention.

Criminal cases

Page 4 | EMERGENCIES

Contact with law clerks is ex parte contact with the Court, and contact must occur only through the Case Manager.

I. Contact with the law clerks is ex parte contact with the Court. Contact must only be through the Case Manager.

Criminal cases

Page 24 | APPENDIX “C”

All counsel of record should be copied.

All counsel of record should be copied.

Civil cases

Page 3 | CONTACT WITH COURT PERSONNEL

Information about the filing of documents, entry of orders, or docket entries should be obtained by logging into CM/ECF or PACER, or from the Clerk’s Office at (713) 250-5500.

Information about the filing of documents, entry of orders, or docket entries should be obtained by logging into CM/ECF or PACER, or from the Clerk’s Office at (713) 250-5500.

Civil cases

Page 3 | CONTACT WITH COURT PERSONNEL

Substantive issues must not be addressed in letters to the Court unless permitted by Section 8A.

Unless pursuant to Section 8A, do not address substantive issues in letter form addressed to the Court because they may not be docketed or included in the appellate record.

Civil cases

Page 3 | CONTACT WITH COURT PERSONNEL

The case load may not always allow the Case Manager to respond to calls or emails about motion and case status. Inquiries to the Case Manager should be by letter unless it is a setting in the next 14 days, a criminal case, an emergency hearing, a bona fide emergency, or a matter covered by Section 8A. In those instances, contact by email is appropriate.

The case load may not always allow the Case Manager to respond to calls or emails about motion and case status. Inquiries to the Case Manager should be by letter unless it is a setting in the next 14 days, a criminal case, an emergency hearing, a bona fide emergency, or a matter covered by Section 8A. In those instances, contact by email is appropriate.

Civil cases

Page 3 | CONTACT WITH COURT PERSONNEL

Case-related telephone inquiries must be directed to the Case Manager (intake unit), not to the Court, judicial assistant, or law clerks.

Case-related telephone inquiries are to be made to the Case Manager only. Inquiries should not be made to the Court, the Court’s judicial assistant, or law clerks.

Civil cases

Page 3 | CONTACT WITH COURT PERSONNEL

All case-related correspondence must be e-filed with the U.S. District Clerk at 515 Rusk Street, Room 5300, Houston, Texas 77002.

Case-related correspondence must be addressed to and e-filed with: United States District Clerk 515 Rusk Street, Room 5300 Houston, Texas 77002

Civil cases

Page 3 | CONTACT WITH COURT PERSONNEL

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.

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.

Civil cases

Page 3 | CONTACT WITH COURT PERSONNEL

Questions regarding electronic filing should be directed to the Clerk’s Office.

Questions regarding electronic filing should be directed to the Clerk’s Office.

Civil cases

Page 4 | ELECTRONIC FILINGS

Restraining order and immediate relief applications must be submitted through the Clerk’s Office.

Applications for restraining orders or other applications for immediate relief must be made through the Clerk’s Office: U.S. District Clerk’s Office, 515 Rusk Street, Room 5300, Houston, Texas 77002, (713) 250-5500.

Civil cases

Page 4 | EMERGENCIES

Counsel must email or phone the Case Manager at (713) 250-5518 for immediate matters.

Counsel shall email or contact the Case Manager at (713) 250-5518 for matters requiring immediate attention.

Civil cases

Page 4 | EMERGENCIES

Court staff will not take telephone messages for counsel, and counsel are prohibited from requesting use of telephones in chambers.

Telephone messages for counsel will not be taken by the Court’s staff, and counsel shall refrain from requesting use of telephones in chambers.

Civil cases

Page 17 | COURTROOM PROCEDURES

Case-related inquiries must go only to the Case Manager at (713) 250-5518 or Rhonda_Hawkins@txs.uscourts.gov (email preferred), and not to the Court, the judicial assistant, or law clerks.

Case-related inquiries are to be made to the Case Manager only at (713) 250-5518 or to Rhonda_Hawkins@txs.uscourts.gov. E-mail is the preferred method of communication with the Case Manager. Inquiries should not be made to the Court, the Court’s judicial assistant, or law clerks.

Civil cases

Page 3 | 1. Contact with Court Personnel

Court staff will not take telephone messages for counsel, and counsel may not request use of telephones in chambers.

Telephone messages for counsel will not be taken by the Court's staff, and counsel shall refrain from requesting use of telephones in chambers.

Civil cases

Page 17 | 15. Courtroom Procedures - C. Telephones

Do not raise substantive issues in letters addressed to the Court.

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

Criminal cases

Page 3 | CONTACT WITH COURT PERSONNEL — Correspondence

The Court strongly encourages giving lawyers with less than seven years' experience primary speaking roles in conferences, trials, and evidentiary presentations, and will consider such participation in deciding whether to grant oral argument on motions it would otherwise decide on the papers.

Young Lawyers. Today there are fewer opportunities for lawyers to speak in court. This is particularly true for lawyers with less than seven years of experience. The Court strongly encourages more experienced senior or supervisory lawyers and their clients to allow less experienced lawyers to have the primary or only speaking roles in pretrial or motion conferences, and in trials and other proceedings when evidence and arguments are presented. This opportunity is particularly important and appropriate when the less experienced lawyer has drafted or contributed significantly to the underlying motion or response or to the trial or hearing preparation. The Court understands that, in some circumstances, it may not be appropriate to allow a less experienced lawyer such a prominent role. If the only lawyer who drafted or substantially prepared the motion, brief, or evidentiary presentation is the senior lawyer, or if the motion is dispositive in a "bet-the-company" case, litigants may justifiably want the senior lawyer to do all or most of the in-court presentation. Excluding these rare cases, it is crucial to provide substantive speaking opportunities to less experienced lawyers. The Court strongly encourages all lawyers and their clients to do so. The Court will take this into consideration in deciding whether to grant requests for oral argument on motions or issues that the Court would usually or otherwise decide on the papers.

Civil cases

Page 9 | 7. Motion Practice

Counsel may indicate in motion papers whether the movant's lawyer who actually researched and drafted the motion qualifies as a young lawyer under Paragraph K.

While requests for hearings are not needed, counsel may indicate if the movant's lawyer is the one who actually researched and drafted the motion and if that lawyer is qualified as a young lawyer as defined in Paragraph K.

Civil cases

Page 9 | 7. Motion Practice

Lawyers with less than 7 years of experience are young lawyers; court encourages them to have primary speaking roles and considers this when granting oral argument requests.

2) While requests for hearings are not needed, counsel may indicate if the movant’s lawyer is the one who actually researched and drafted the motion and if that lawyer is qualified as a young lawyer as defined in Paragraph K. J. If counsel anticipate the need to offer evidence and testimony, leave to do so must be obtained from the Court in advance. K. Young Lawyers. Today there are fewer opportunities for lawyers to speak in court. This is particularly true for lawyers with less than seven years of experience. The Court strongly encourages more experienced senior or supervisory lawyers and their clients to allow less experienced lawyers to have the primary or only speaking roles in pretrial or motion conferences, and in trials and other proceedings when evidence and arguments are presented. This opportunity is particularly important and appropriate when the less experienced lawyer has drafted or contributed significantly to the underlying motion or response or to the trial or hearing preparation. The Court understands that, in some circumstances, it may not be appropriate to allow a less experienced lawyer such a prominent role. If the only lawyer who drafted or substantially prepared the motion, brief, or evidentiary presentation is the senior lawyer, or if the motion is dispositive in a “bet-the-company” case, litigants may justifiably want the senior lawyer to do all or most of the in-court presentation. Excluding these rare cases, it is crucial to provide substantive speaking opportunities to less experienced lawyers. The Court strongly encourages all lawyers and their clients to do so. The Court will take this into consideration in deciding whether to grant requests for oral argument on motions or issues that the Court would usually or otherwise decide on the papers.

Civil cases

Page 9 | MOTION_PRACTICE