Judge Charles R. Eskridge III
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Mail • Promptly
Exhibits
- 3 copies • Simultaneously with Exhibit Lists
Joint Trial Notebook
- 3 copies • At Least Four Business Days Prior to Final Pretrial Conference or Docket Call
Sealed Document, Joint Pretrial Order, Trial Material
- 1 copy • Promptly
Adjournments
- A continuance will be granted only upon a showing of actual diligence and extraordinary cause, even if jointly requested.
- Plaintiff may request a reasonable continuance if service has not been perfected.
- Word limit extensions are rarely granted and must be sought well in advance of deadlines.
- +8 more
Request must include
Communication
Chambers
Phone
Chambers
Letter via ECF
Chambers
Clerk
Page & Word Limits5 rules
The opposing party should promptly submit a responsive letter of similar length identifying any disagreement.
Bring any request by letter not exceeding approximately three single-spaced pages.
- Letter
- Up to 3 pages
- Format
- Single-spaced
The brief must clearly state which (if any) party it supports and must not exceed 4,000 words without other permission.
- Word limit
- Up to 4,000 words
Exception
More words with leave of court
motion or response to 5,000 words (approximately twenty- five pages). Limit any reply to 2,000 words (approxi- mately ten pages).
Word limits don’t include the case caption, table of contents, table of authorities, signature block, and certificates.
Document Format Requirements27 rules
A producing party must produce each electronic document in single- page Tagged Image File Format. TIFF files must be single page
Use Form 11 to prepare draft proposed orders.
Use American letter-size paper, a minimum 13-point font, and a minimum of 1" margins. Double space except for lengthy quotations, headings, and footnotes.
- Font size
- At least 13 points
- Line spacing
- Double
- Margins
- At least 1 inch
- Paper size
- Letter
Exception
Lengthy quotations, headings, and footnotes
a. Form. Use Form 12 to prepare a Joint Pretrial Order. Adapt it within reason to accommodate the nature and complexity of the case.
- Joint pretrial order
Formatting
- •Use Form 12
Trial exhibit lists must use Form 13, exhibits marked with party name/case number/exhibit number, only good faith jury exhibits listed.
- Trial exhibit list
Formatting
- •Use Form 13
Court's wording
a. Form. Use Form 13 to prepare a trial exhibit list. Also refer to Section 14. Each offering party must mark its own exhibits with the party’s name, case number, and exhibit number. List only those exhibits intended in good faith for use before the jury during trial.
Seek agreement on the form of exchange. Absent agreement, exchange well-organized USB drives or provide for similar download.
Use Form 14 to prepare a witness list.
- Witness list
Formatting
- •Use Form 14
Use a condensed transcript (four pages to one) when available.
Include a cover sheet with concise summary of topics for each witness, the first deposition page, and at least two pages prior to and after any designation.
Use Form 15 to prepare deposition designations.
- Deposition designation
Formatting
- •Use Form 15
Highlight in contrasting colors to indicate all designated testimony, counter-designations, and objections.
For bench trials, also offer the entire deposition marked as an exhibit.
Identify by bold, italicized, or differently colored font any disputed language and which party requests each competing version;
c. Court copies. Follow Section 21 regarding submission of the charge. In civil cases, counsel for plaintiff must also jointly submit a Word version by email or USB drive. In criminal cases, counsel for prosecution and defense must each also submit a Word version by email or USB drive.
- File type
- Word
Formatting
- •Submit via email or USB drive
- •Follow Section 21 for charge submission
Use black font for all agreed findings and conclusions. Where the parties disagree, use different color font, with plaintiff submitted in red and defendant submitted in blue.
f. Court copies. Follow Section 21 regarding submission of these materials. Counsel for plaintiff must also jointly submit a Word version by email or USB drive.
- File type
- Word
Formatting
- •Submit via email or USB drive
If a document is more than one page, the unitization of the document and any attachments and/or affixed notes must be maintained as they existed in the original document.
TIFF files must be single page and named with a unique production number followed by the appropriate file extension.
Where such fields exist, ESI must include the date and time that a document was sent and received, as well as the complete distribution list.
Text-searchability is not generally required, but documents already in or converted to text-searchable format for the litigation must be produced in that format at no cost to the recipient.
Court's wording
No party has an obligation to make its production searchable by text. But where a party’s documents already exist in such format independent of this litigation, or are converted to such format for use in this litigation (including for use by the producing party’s counsel), then such documents must be produced in the same format at no cost to the receiving party.
Each document image must contain a footer with a sequentially ascending production number.
Absent a showing of good cause, ESI need not include production of metadata.
After review, a receiving party may reasonably request a document in native format, and the producing party must provide it or raise burden concerns.
Court's wording
A party receiving a document produced in the format specified above may make a reasonable request after review to receive the document in its native format. Upon such request, the producing party must produce the document in its native format or bring concerns of burden to the requesting party’s attention.
Courtesy copies of filings exceeding 100 pages must be double-sided, bound in tabbed binders no larger than 4 inches, and marked with the ECF docket number unless urgent.
- Courtesy copy
- More than 100 pages
Formatting
- •Print double-sided
- •Use smallest binder comfortable, maximum 4 inches
- •Divide into multiple binders if necessary
Court's wording
When providing copies of filings over one hundred pages, print double-sided and submit in a binder. Organize exhibits and attachments by tab at the right margin. Use the smallest binders that comfortably hold the material, but not larger than four inches. Divide into multiple binders when necessary. Provide courtesy copies marked with the file-stamped CM/ECF system docket number unless submitted on an urgent basis.
Footnotes strongly disfavored; must use same font as main text, and evidence/argument in footnotes is disregarded.
Formatting
- •Footnotes strongly disfavored
Court's wording
Footnotes are strongly disfavored. Their use is discouraged by the setting of word limits rather than page limits. Use the same font as text for any footnote believed necessary. Evidence or argument raised only by footnote will be disregarded.
Pinpoint citations required for all legal authority; specific citation formats required for depositions, affidavits, pleadings, contracts; Bates numbers preferred.
Formatting
- •Depositions cited to page and line
- •Use Bates numbers for page references where available
Court's wording
Provide pinpoint citation for all legal authority. For evidence, cite to page and line for depositions, to page and paragraph number for affidavits and pleadings, and to page and section number for contracts and similar materials. Use Bates number as the page reference where available.
Don’t use footnotes to argue or explain disagreements.
Document Filing Requirements51 rules
Each party must file as a separate document and attach to this Joint Pretrial Order a list of all exhibits expected to be offered.
- Document
- Joint pretrial order
Must include
- •Exhibit list
Each offering party must mark its own exhibits before trial.
Include the party’s name, case number, and exhibit number on each exhibit.
A memorandum of law with authorities addressing only these issues must accompany this Order.
List in separate paragraphs the names and addresses of witnesses that each party intends in good faith to call in its case-in-chief. Include a brief statement of the subject matter and substance of the testimony of each.
The Joint Pretrial Order must include the specified statement about disclosure of additional witnesses and the exception for certain rebuttal or impeachment witnesses.
Court's wording
Include the following statement: “If any other witnesses will be called at the trial, their names, addresses, and the subject matter of their testimony will be reported to opposing counsel as soon as they are known. This restriction will not apply to rebuttal or impeachment witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial.”
Include a statement as to the status of any settlement negotiations.
State whether the trial will be jury or nonjury; the probable length of trial; and any foreseeable logistical problems, including the availability of witnesses or unusual exhibits.
Each party must also file as a separate document and attach to this Joint Pretrial Order any intended deposition designations. Prepare the designations as per Section 24 of the Court’s procedures.
For any jury trial, each party must file as a separate document and attach to this Joint Pretrial Order the following attachments.
The Joint Pretrial Order must briefly state each party’s position on the listed juror-comprehension initiatives.
Court's wording
Briefly state the position of each party as to the suitability at trial of: o Trial time limits; o Preliminary substantive jury instructions; o Notetaking by jurors; o Trial binders for jurors to include glossary of terms, cast of characters, chronology, and key exhibits; o Questions by jurors during trial; and o Interim statements or argument to jury by counsel.
Each party must file as a separate document and attach to this Joint Pretrial Order a list of all witnesses. Prepare the list as per Section 23 of the Court’s procedures.
For a bench trial, each party must separately file and attach proposed findings of fact and conclusions of law and a memorandum of law to the Joint Pretrial Order.
Court's wording
For any bench trial, each party must file as a separate document and attach to this Joint Pretrial Order the following attachments. o Proposed findings of facts and conclusions of law as per Section 28 of the Court’s Procedures; and o A memorandum of law.
Failure to file proof of service may result in dismissal by the Court on its own initiative. See FRCP 4(m).
Include
- •Certificate of service
At least 14 days before the initial pretrial conference, counsel and all parties appearing pro se must complete and file the Joint Discovery/Case Management Plan using the form attached to the Court's procedures. See FRCP 26(f).
Joint proposed scheduling and docket control order must be filed as an attachment to the Joint Discovery/Case Management Plan using the court's referenced form when no scheduling order is entered or a different schedule is requested, with parties conferring in good faith and identifying disagreements.
Court's wording
Prior to the conference, the Court will typically enter a scheduling and docket control order. If none is entered, or if the parties will request a schedule different from one that has been entered, counsel must complete and file as an attachment to the Joint Discovery/Case Management Plan a joint proposed scheduling and docket control order using the form referenced in the Court's procedures. The parties must confer in good faith to seek agreement on deadlines for completion of all pretrial matters. Clearly identify any disagree- ments with reasons in support of the requests made.
Disclosure of interested parties must list all financially interested persons/entities, allow effective group descriptions, underline publicly traded corporation names, and be promptly amended when new parties or interested persons are identified.
Court's wording
attorneys of record and all persons or entities that are financially interested in this litigation, including parent, subsidiary, and affiliated corporations. An individual listing is not necessary when a group description is effective disclosure. Underline the names of corporations with publicly traded securities. Promptly amend the list whenever new parties or counsel are added or additional interested persons or entities are identified.
Within ten days of entry of this Order, the removing party or parties must file the certificate of service in removed action and the statement of information in removed action, as indicated in the attached forms. A copy of both must also be served on all other parties.
CERTIFICATE OF SERVICE IN REMOVED ACTION I certify compliance with the Order of the Court entered upon filing of the petition for removal of this action. On , I served on all other parties copies of (1) the Order For Conference and Disclosure of Interested Parties, and (2) the Court’s Procedures and Forms. Respectfully submitted, Date [Signature Block]
STATEMENT OF INFORMATION IN REMOVED ACTION Restate each instruction in bold and furnish the requested information. 1. State the date(s) on which defendant(s) or their representative(s) first received a copy of the summons and complaint in the removed state court action. If different, the date on which each defendant was served with a copy of the summons and complaint. 2. In actions removed based on diversity jurisdiction, list the citizenship of all parties, including the citizenship of each member of a partnership or other type of business association such as LLCs and LLPs. Specifically identify whether any defendants who have been served are citizens of Texas. 3. In actions removed based on diversity jurisdiction, state the amount alleged in controversy and the basis for this amount. 4. In actions removed based on diversity jurisdiction pending more than one year in state court, specify why the case should not be summarily remanded. 5. Identify any defendant that did not join in the notice of removal and explain why. Respectfully submitted, Date [Defendant Signature Block]
with a title and designation of “SEALED” on the CM/ECF System (for example, “Motion for Summary Judgment (SEALED),” and not simply “SEALED DOCUMENT”).
The Joint Pretrial Order must contain the pretrial disclosures required by Rule 26(a)(3).
If a partial or incomplete answer or production is provided, the responding party must state the reason that the answer or production is partial or incomplete.
The removing party must make certificate of service and provide the additional information within ten days of removal.
- Document
- Notice of removal
Must include
- •Certificate of service
Use Form 2 to give consent to proceed before the Magistrate Judge. Follow the instructions. Don’t alter the form.
Include the applicant’s averment of familiarization with these procedures and the Local Rules with any application for pro hac vice admission.
All counsel who wish to receive CM/ECF notices must file a notice of appearance. Inclusion of names in the signature block of a pleading doesn’t constitute notice of appearance.
All parties must sign and counsel for plaintiff must file a single, completed joint plan. Follow Rule 26(f) in all respects.
Include a certificate of conference addressing positions of all parties.
Include
- •Certificate of conference
All motions, including dispositive motions, must include a certificate of conference or be subject to denial or striking.
Court's wording
Make serious, timely, good faith efforts to seek agreement on all disputed matters and requests for relief. This includes dispositive motions. Motions that don’t include a certificate of conference may be denied or stricken.
Include a proposed order granting or denying the requested relief with all nondispositive motions and oppositions.
- Document
- Nondispositive motion
Include
- •Proposed order
Don’t file a separately designated Memorandum of Law. Include necessary factual support, legal argument, and requested relief in the motion itself.
- Document
- Motion
Include
- •Legal argument
All motions must include specified sections: nature/stage, facts, issues, standard of review, argument, conclusion, and succinct headings.
- Document
- Motion
Must include
- •Legal argument
- •Statement of facts
Court's wording
All motions or similar filings must contain: o A short statement of the nature and stage of the proceeding; o A statement of the facts necessary to resolution of the motion; o A statement of the issues requiring resolution; o A short statement of and authority for the standard of review for each issue; o An argument devoted to relevant, persuasive legal authority; o A short conclusion stating the precise relief sought; and o Succinct headings dividing the motion into the above parts.
Provide a certificate of word count following the signature block. Reliance on word-processor register is sufficient in this regard.
- Placement
- Certificate section
Include
- •Word count
Briefs with argument section over 10 pages must include cover sheet, table of authorities, introduction, argument summary, and point headings.
- Document
- Brief
Must include
- •Table of authorities
Court's wording
Submissions with an argument section more than ten pages must also contain: o A separate cover sheet for the case caption and title of the filing; o A table of authorities organizing in categories and arranging alphabetically all cited cases, statutes, rules, textbooks, and other authorities; o A brief introduction of the dispute; o A concise summary of the argument immediately prior to the argument in full; and o Succinct point headings dividing the argument into separate components.
If a party revises an exhibit list prior to the start of trial, file an amended exhibit list that restates the complete list and includes any additions or deletions.
Each party must file required pretrial filings including exhibit list, witness list, deposition designations, motions in limine, jury examination topics, jury charge (jury trials), proposed findings (bench trials), and trial memorandum.
Court's wording
a. Required filings. Unless determined otherwise by order, on the date established by rule each party must file: o An exhibit list (Section 22); o A witness list (Section 23); o Designation of deposition excerpts (Section 24); o Motions in limine (Section 25); o Proposed topics and questions for examination of prospective jurors (Section 26); o In jury trials, a proposed jury charge (Section 27); o In bench trials, proposed findings of fact and conclusions of law (Section 28); and o A trial memorandum of law identifying and addressing the legal propositions that are necessary to the disposition and relief sought in the case, with indication of those which aren’t in dispute.
The parties must jointly prepare and provide written certification of completeness.
- Document
- Certification
Must include
- •Certification of completeness
Filing & Service rules
Filing Timing and Cure Windows
Documents filed within seven (or ~ 30 days of docket call will not be considered.
Documents filed within seven (or ~ 30 days of docket call will not be considered.
Civil cases
Page 3 | DOCKET CALL
Documents filed within seven days of docket call will not be considered.
Documents filed within seven (7) days of docket call will not be considered.
Civil cases
Page 7
Service and Proof of Service Rules
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.
Civil cases
Page 2 | Scheduling and Docket Control Order
Courtesy Copy Requirements
Courtesy copies are required promptly for sealed documents, Joint Pretrial Orders, and trial material; all other filings require courtesy copies only upon request.
Promptly submit a courtesy copy of: o Documents filed under seal regardless of length; and o Joint Pretrial Orders and other trial material. Don’t submit a courtesy copy of any other filing except upon request, regardless of length.
Page 6 | Court copies
Courtesy copies must be mailed or hand-delivered to the Case Manager with a transmittal letter, which must be served on all parties without attachments and not filed with the Court.
Mail or hand-deliver courtesy copies to the attention of the Case Manager with a transmittal letter specifying the content. Don’t file transmittal letters. Mail or email a copy of such letters without attachments to all other parties.
Page 6 | Court copies
Three copies of joint trial notebook must be delivered by plaintiff/prosecution counsel at least four business days before final pretrial conference or docket call.
Counsel to plaintiff or prosecution must deliver three copies at least four business days prior to the final pretrial conference or docket call in the manner directed in Section 6.
Page 22 | Required pretrial filings
Parties must submit exhibits on a well-organized USB drive plus three hard copies simultaneously with exhibit lists.
In addition to the lists, each party must simultaneously submit all exhibits on a well-organized USB drive together with three copies in the manner directed in Section 6.
Page 23 | 22. Exhibits c. Court copies
A copy of the witness list must be furnished to the court reporter before trial.
Also furnish a copy to the court reporter before trial.
Page 25 | Witness Lists
Sealing & Redaction Procedures
Court filings subject to confidential treatment or disclosing Confidential Information must be filed under seal to the extent permitted and remain sealed until further court order; if possible, only confidential portions should be sealed.
Documents or information filed with the court that is subject to confidential treatment under this Order, and any pleadings, motions, or other papers filed with the court disclosing any Confidential Information, must be filed under seal to the extent permitted by the law, rules, or court orders, and must be kept under seal until the court orders otherwise. To the extent the court requires any further act by the parties as a precondition to filing the documents or information under seal, the party filing the document or information is responsible for satisfying the requirements. If possible, only the confidential parts of documents of information filed with the court will be filed under seal.
Civil cases
Page 15
Parties must obtain court permission to seal filings containing confidential information, requiring a sealed motion, unredacted filing, and redacted public version.
8. Any party seeking to file under seal any pleading, brief, or supporting material containing Confidential Information must obtain permission of the Court. The Court allows such filing only on showing of exceptional circumstances. Any party seeking to seal Confidential Information must: a. File a sealed motion explaining to the Court the justification for preventing public disclosure of the information; b. Attach the filing proposed for permanent seal on the docket; c. Attach a redacted version suitable to and proposed for filing on the public docket or explanation why redaction is not possible; and
Page 4 | STANDARD PROTECTIVE ORDER
Confidential information and filings disclosing it must be filed under seal until further court order, with producing parties responsible for any additional preconditions required by the court.
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, must 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 underseal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it is the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. When possible, only confidential portions of filings with the Court are to be filed under seal
Civil cases
Page 13 | Stipulation and Order Regarding Confidential Information
Confidential information filed with the Court must be filed under seal to the extent permitted by law, 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 17 | 8
Sealed filings are disfavored; follow Section 12 procedures if sealing is necessary.
Filings under seal are disfavored. Proceed under Section 12 if believed necessary.
Page 17 | Motion practice and hearings
Filing documents under seal requires a motion establishing good cause, with redacted versions filed publicly, unredacted versions filed under seal, and proper SEALED designation on CM/ECF.
Motion required to seal. A presumption exists as to public access to judicial records. The filing of any pleading, brief, or supporting material under seal is disfavored. Seek alternate permission by motion establishing good cause as follows. Refer to Le v Exeter Finance Corp, 990 F3d 410, 417–21 (5th Cir 2021). Under seal, file the at-issue pleading, brief, or other material. On the public record, separately file a motion to seal. Prepare and attach to the motion a redacted version public docket. In the alternative, establish cause why redaction isn’t possible. Identify all under-seal filings on the CM/ECF system with an informative title and designation of SEALED. For example, Motion for Summary Judgment (SEALED). Absent alternate permission, don’t simply identify a document as SEALED DOCUMENT without explanation.
Page 11 | Protective orders and filings under seal
Filing Bundling Requirements
Non-Westlaw/Lexis authorities must be appended as single attachment on CM/ECF; cover sheets and table of contents required.
Supply all cases or other authority not readily available through Westlaw or Lexis- Nexis as an appendix to any filing. Provide a cover sheet to identify and separate each authority. Prepare and submit a table of contents. Separately upload any appendix as a single attachment during filing on the CM/ECF system.
Page 20 | h. Copies of legal authority
Exhibits must be uploaded as a single attachment on CM/ECF; cover sheets required for each exhibit, table of contents for numerous attachments.
Supply affidavits, deposition testimony excerpts, and supporting documents as exhibits to any filing. Provide a cover sheet to identify and separate each exhibit. Prepare and submit a table of contents when attachments are numerous. Separately upload these exhibits together as a single attachment during filing on the CM/ECF system.
Page 20 | g. Supporting evidence
When filing Joint Pretrial Order on CM/ECF, attach all pretrial filings listed in Section 21.
b. Same-day filings. When filing the Joint Pretrial Order on the CM/ECF system, attach the pretrial filings set out in Section 21.
Page 21 | Joint pretrial orders in civil cases
Joint trial notebook required, materials paired in order listed; JPO first item in civil cases.
Confer, prepare, and provide a joint trial notebook. Include each party’s materials paired together in the order listed above. In civil cases, include the Joint Pretrial Order as the first item.
Page 22 | Required pretrial filings
Joint filing of parties’ exchanges for deposition designations is required 24 hours before intended use.
As to each intended deposition designation, the designator must make a joint filing comprehending the parties’ exchanges twenty-four hours in advance of intended use.
Page 26 | Deposition designations in civil cases
Joint proposed findings of fact and conclusions of law must be submitted as a single document with an agreed outline.
Submit the proposed findings and conclusions as a single document according to an agreed outline that the parties believe makes the most sense.
Page 30 | Bench trials - Joint supplementation
Pre-Motion Conference Requirements
The parties must confer in good faith before bringing a dispute to the Court’s attention.
The parties must confer in good faith before bringing any dispute to the attention of the Court.
Civil cases
Page 5 | Disputes
Anticipate and seek resolution of such motion in advance of filing deadlines.
Anticipate and seek resolution of such motion in advance of filing deadlines.
Page 5 | STANDARD PROTECTIVE ORDER
A party must obtain permission before submitting papers for a discovery or scheduling motion.
Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers.
Civil cases
Page 3
Motions to compel, quash, for protection, or for extension are subject to the prior-permission requirement.
This includes any motion to compel, to quash, for protection, or for extension.
Civil cases
Page 3
A Rule 56 motion requires permission at docket call and abatement of trial.
Motions under Rule 56 are allowed only upon permission received at docket call together with abatement of trial.
Civil cases
Page 7
Permission must be obtained before submitting papers for a discovery or scheduling motion.
Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers.
Civil cases
Page 7
The prior-permission requirement applies to motions to compel, quash, for protection, and for extension.
This includes any motion to compel, to quash, for protection, or for extension.
Civil cases
Page 7
A party wishing to bring a dispositive motion must first seek permission by motion.
Any party wishing to bring a dispositive motion must seek advance permission by motion.
Civil cases
Page 11
A party must obtain permission before submitting papers for a discovery or scheduling motion, including motions to compel, quash, for protection, or extension.
Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers. This includes any motion to compel, to quash, for protection, or for extension. Follow Section 15 of the Court’s procedures.
Civil cases
Page 11
Parties must confer in good faith before filing a motion for a protective order differing from the standard Form 9.
If any party believes the matter requires a different form of protective order, jointly confer in good faith regarding appropriate terms and file either a joint or opposed motion for entry.
Page 11 | Protective orders and filings under seal
The parties must confer on any request for continuance.
The parties must confer on any request for continuance.
Page 11 | Continuances
Parties must jointly confer in good faith before filing a motion for a different ESI order.
If any party believes the matter requires a different form of order, jointly confer in good faith regarding appropriate terms and file either a joint or opposed motion for entry.
Page 13 | Initial disclosures and start of civil discovery
Lead counsel must personally confer on all discovery and scheduling disputes before involving the Court.
Conference between lead counsel required. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court.
Page 14 | 15. Discovery and scheduling disputes
To obtain permission, the party seeking relief must submit a letter not exceeding approximately two single-spaced pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Specify the conference between lead counsel and summarize the results. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Don’t submit a reply letter.
To obtain permission, the party seeking relief must submit a letter not exceeding approximately two single-spaced pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Specify the conference between lead counsel and summarize the results. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Don’t submit a reply letter.
Page 15 | Discovery and scheduling disputes
Rule 12(b)(6) and 12(c) motions require pre-filing good faith conference with opposing party identifying issues, and certificate of conference must reference this.
Before filing a motion to dismiss for failure to state a claim or counterclaim under Rule 12(b)(6), or a motion for judgment on the pleadings on a claim or counterclaim under Rule 12(c), identify such issues to the opposing party and confer in good faith to resolve them. Motions that don’t include this in the certificate of conference may be denied or stricken.
Page 16 | Motion practice and hearings
Criminal case motion submission and briefing deadlines follow CrLR12 and Federal Rule of Criminal Procedure 12.
Proceed according to CrLR12 and Rule 12 of the Federal Rules of Criminal Procedure.
Page 17 | Motion practice and hearings
Civil case motion responses due 21 calendar days after motion filing, replies due 10 calendar days after response; surreplies prohibited without advance permission.
File any response within twenty-one calendar days of the motion. File any reply within ten calendar days of the response. Don’t file a surreply absent advance permission.
Page 17 | Motion practice and hearings
Mediation or settlement conference with Magistrate Judge required within 45 days of Rule 56 summary judgment motion filing; joint report of success/impasse required before motion is considered.
Private mediation or settlement conference before the Magistrate Judge is required within forty-five days of the filing of a summary judgment motion under Rule 56. Proceed as directed under Section 32. Failure to participate in good faith may subject a party to sanctions under Rule 16(f). Immediately submit a joint report verifying either success or declaration of impasse by the mediator or Magistrate Judge. Motions for summary judgment won’t be considered before submission of this joint report.
Page 17 | Motion practice and hearings
Motions on discovery or scheduling disputes require alternate permission under Section 15 before filing.
Don’t bring a motion on discovery or scheduling disputes absent alternate permission obtained under Section 15.
Page 17 | Motion practice and hearings
Amicus briefs require leave by motion with the brief attached as an exhibit; party responses to amicus briefing are freely allowed.
Seek leave to file any such brief by motion with the brief attached as an exhibit. The brief must clearly state which (if any) party it supports and must not exceed 4,000 words without other permission. Limited response by any party to such briefing is freely allowed.
Page 18 | Motion practice and hearings
Prior permission required to file a surreply.
Seek permission to file a surreply.
Page 19 | Briefing requirements
Responses to motions in limine must be filed within 7 days of the motion; optional replies within 4 days.
File any response with authority within seven days of motion. Reply is optional within four days.
Page 27 | 25. Motions in limine
Parties seeking discovery or scheduling motions must follow Section 15 of the Court’s procedures.
Follow Section 15 of the Court’s procedures.
Civil cases
Page 3
Lead counsel must confer in good faith to resolve privilege log disputes before submitting in camera inspection request letters, and letter must identify conference and results.
Lead counsel must confer in good faith to resolve the dispute prior to any letter. In the letter, identify the specify the conference between lead counsel, and summarize the results.
Page 16 | Privilege logs
Adjournment & Extension Requirements
A continuance will be granted only upon a showing of actual diligence and extraordinary cause, even if jointly requested.
The parties are ADVISED that (i) no continuance will be granted, even upon joint motion, absent a showing of actual diligence and extraordinary cause, and (ii) discovery failures may result, at the appropriate time, in dismissal of claims or the striking of evidence or defenses.
Civil cases
Page 2 | Scheduling and Docket Control Order
Continuances of Scheduling and Docket Control Orders require showing of actual diligence and extraordinary circumstances; continuances in Section 10 matters only permitted for health exigencies or emergencies.
The Scheduling and Docket Control Order will be modified only upon a showing of actual diligence and extraordinary circumstances. It’s unlikely that any continuance will be allowed in matters under Section 10, absent genuine health exigencies or other emergency.
Page 10 | 11. Continuances
Scheduling orders cannot be altered solely by party agreement; court approval is required for continuances.
The scheduling order isn’t altered simply by agreement between the parties on continuance of deadlines.
Page 10 | 11. Continuances a. Approval required
Agreed extensions of motion submission dates must be notified via letter or email; proposed orders must account for other pending deadlines.
Advise by letter or email of any agreed extension of the submission date. Any proposed order for an agreed extension must also account for other pending deadlines.
Page 17 | Motion practice and hearings
Deadlines remain in effect when extension motions are filed; extension motions must be submitted well before impending deadlines.
Deadlines established by order remain in effect even upon the filing of a motion for extension. Submit such motions well in advance of any impending deadline.
Page 17 | Motion practice and hearings
Continuances of firm trial dates disfavored absent exigent circumstances; motions must establish good cause, other court trial settings not good cause unless counsel commenced trial there.
c. Continuances. Continuance of firm trial dates is disfavored absent exigent circumstances. Establish good cause in any motion seeking continuance. A trial setting in another court isn’t good cause unless lead or other primary counsel has commenced trial.
Page 21 | Continuances
Word limit extensions are rarely granted and must be sought well in advance of deadlines.
Word limits are rarely extended. Anticipate and seek resolution of any motion for extension well in advance of filing deadlines.
Page 19 | Briefing requirements
Continuances of trial settings unlikely in civil cases for witness unavailability; use stipulations or depositions for testimony.
Continuance of a trial setting is unlikely in civil cases due to witness unavailability. Anticipate testimony by stipulation or by oral or written deposition under Rules 27, 30, and 31.
Page 21 | Continuances
Motions for extension of deadlines and discovery disputes are not considered emergencies.
Motions for extension of deadlines aren’t emergencies. Neither are discovery disputes. See Section 15.
Page 5 | Emergencies
Plaintiff may request a reasonable continuance if service has not been perfected.
Plaintiff may also request reasonable continuance if it hasn’t perfected service.
Page 9 | 9. e. Initial pretrial conference
Parties may agree to extend discovery deadlines without court approval if the extension does not affect the scheduling order or other ordered deadlines.
Parties may agree to extension of discovery deadlines without seeking approval when the extension doesn’t affect the scheduling order or other ordered deadline.
Page 11 | Continuances
Chambers Communication Rules
All inquiries regarding cases assigned to Judge Eskridge must be directed to Case Manager Jennelle Gonzalez via the provided contact information.
Direct inquiries regarding any case assigned to Judge Eskridge to: Jennelle Gonzalez Case Manager to Hon. Charles Eskridge 515 Rusk Street, Room 9015 Houston, Texas 77002 Telephone: (713) 250–5257 Email: Jennelle_Gonzalez@txs.uscourts.gov
Page 1 | Court Procedures
Make all related communications through the Case Manager via telephone or email.
Make all related communications through the Case Manager via telephone or email.
Page 4 | Emergencies
Informal case-related communication is disfavored, substantive issues must be raised via written filings or in-person hearings, and court personnel may not provide legal advice.
Except as stated in these procedures, informal communication about cases is disfavored. Don’t address substantive issues in informal communication. Address such issues only through written filings and in-person conferences and hearings. Court personnel will not provide legal advice or predict what may happen either procedurally or substantively on any given matter.
Page 5 | Informal communication with the Court
All case-related informal communications must go through the Case Manager, with specific approved methods for different inquiry types.
Direct all case-related, informal communications through the Case Manager. Unless stated otherwise below, use the following: o Letters to initiate discovery and scheduling disputes under Section 15; o Letters or email for other minor procedural questions; o Email or telephone for matters requiring prompt attention; and o Fax only with prior permission.
Page 5 | Informal communication with the Court
Pro se and attorney contact with Law Clerks is prohibited unless returning a message, and must be limited to the stated subject.
Don’t initiate contact with the Law Clerks unless returning a message. Don’t discuss matters beyond the indicated subject.
Page 5 | Informal communication with the Court
Letters and emails to the Court must be served on all parties via the same method prior to delivery, and are not to be filed on CM/ECF unless the Court determines otherwise.
Prior to or with delivery of any letter or email, use the same means to provide a copy to all other parties. Don’t file copies of letters or email on the CM/ECF system. They will be docketed as determined advisable.
Page 6 | Informal communication with the Court
Immediately email chambers upon resolution of a pending motion; the motion will be denied as moot.
Immediately advise by email of resolution of a pending motion. The motion will then be denied as moot.
Page 18 | Motion practice and hearings
Obtain answers where possible from the website of the Southern District of Texas or the personnel listed on its directory. See Attachment 1. Review information on status of documents, entry of orders, and docket entries on the CM/ECF system prior to contacting the Court. Direct filing questions to the Office of the Clerk.
Obtain answers where possible from the website of the Southern District of Texas or the personnel listed on its directory. See Attachment 1. Review information on status of documents, entry of orders, and docket entries on the CM/ECF system prior to contacting the Court. Direct filing questions to the Office of the Clerk.
Page 6 | Informal communication with the Court
Parties may request reinstatement of the initial pretrial conference via email, providing an explanation of necessity.
Any party may by joint or individual email request reinstatement with explanation why the conference remains necessary.
Page 9 | 9. e. Initial pretrial conference
Opposed civil motions are considered after briefing closes; email chambers to request expedited decision with justification.
Opposed motions are considered upon the close of briefing. Promptly advise by email of need for decision on an expedited basis or date certain. Provide reasons justifying prompt attention.
Page 17 | Motion practice and hearings
Oral argument is set at the court's discretion; requests for oral argument may be sent via email with justification.
Counsel may jointly or individually advise by email of any request for oral argument together with circumstances to justify it. Oral argument will be set when determined advisable.
Page 18 | Motion practice and hearings