Judge Drew B. Tipton
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 2 copies • At Trial Hearing
- 2 copies • Ready for Court During Trial
Emergency Motion
- 1 copy • Email
Exhibit
- Within Seven Calendar Days
Exhibits
- Seven Calendar Days After Joint Pretrial Order Filed
Adjournments
- Motions to extend discovery deadlines must be filed sufficiently early to allow opposing counsel to respond before the original deadline.
- Extension requests must obtain court permission before submitting motion papers; lead counsel must personally confer on disputes prior to involving the court.
- Motions for extension of deadlines do not qualify as emergency motions.
- +10 more
Request must include
Communication
Clerk, Chambers
Phone
Chambers
Page & Word Limits6 rules
Do not submit a reply letter.
The opposing party should promptly submit a responsive letter of similar length identifying any disagreement.
two pages. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement.
- Letter
- Up to 2 pages
- Responsive letter
- Up to 2 pages
Bring any request by letter not to exceed approximately three single-spaced pages.
- Letter
- Up to 3 pages
- Format
- Single-spaced
If the Court asks for supplemental briefing, limit it to ten pages.
- Supplemental brief
- Up to 10 pages
If the Court asks for supplemental briefing, limit it to ten pages.
- Supplemental brief
- Up to 10 pages
Document Format Requirements33 rules
Use Form 4 on this Court’s home page. 1
Use the forms provided on the Court’s website. https://www.txs.uscourts.gov/Tipton.
Use Form 4 on this Court’s home page.
Use the forms provided on the Court’s website. https://www.txs.uscourts.gov/Tipton.
Courtesy copies must include hard and electronic copies, with hard copies tabbed, binder size limited to 4 inches, and marked with CM/ECF docket number unless urgent.
- Trial exhibit
- Trial deposition excerpt
Formatting
- •Provide both hard and electronic copies
- •Use smallest comfortable binders, max 4 inches
Court's wording
Form. Provide hard copies as well as electronic copies. When providing hard copies, organize exhibits and attachments by tab at the right margin. Use the smallest binders that comfortably hold the material. Do not use binders 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.
Use American letter-size paper, a minimum 12-point font, and a minimum of 1-inch margins with ½-inch margins for footnotes, page numbers and any headers or footers. Double space except for lengthy quotations, headings, and footnotes.
- Font size
- At least 12 points
- Line spacing
- Double
- Margins
- At least 1 inch
- Paper size
- Letter
Formatting
- •Single spacing permitted for lengthy quotations, headings, and footnotes
Do not make copies. Return all questionnaires on conclusion of jury selection.
- Juror questionnaire
Formatting
- •Do not make copies
Boilerplate objections or responses will not be considered.
- Objection
- Response
Formatting
- •Boilerplate language prohibited
Do not file boilerplate motions.
- Motion in limine
Formatting
- •Boilerplate language prohibited
Each side must provide supporting legal authority for all requested instructions, definitions, and questions.
Jury instruction court copies must be submitted in Word (DOCX) format.
- File type
- Word
Court's wording
In civil cases, counsel for Plaintiff must also submit a Word version by email to the Court’s Case Manager. In criminal cases, counsel for Prosecution and Defense must each also submit a Word version by email.
Civil joint proposed jury charges must meet specific content and formatting requirements including order, authority, and pattern instruction use.
- Jury instructions
Formatting
- •Each instruction, definition, and question must include supporting legal authority
Court's wording
Submit a complete joint charge with the proposed instructions in the order that you would like them read to the jury. Where the parties agree, say so in the heading of that proposed instruction. Where the parties disagree, each party should offer their own proposed instruction in order. Present each instruction, definition, and question with supporting legal authority; Use the Fifth Circuit Pattern Jury Instructions whenever possible; and Identify with legal support any deviations from the pattern instructions.
Agreed findings use black font; conflicting parties use red (plaintiff) and blue (defendant) font, with trial citations required for disagreements.
Formatting
- •For disagreeing findings: plaintiff uses red font, defendant uses blue font
- •Citations to specific trial testimony and evidence required for disagreeing findings
Court's wording
Use black font for all agreed findings and conclusions. Make it clear in the proposed findings that this means that the parties are agreed as to those. Where the parties disagree, use different color font. For example, if the parties do not agree on finding of fact number 7, plaintiff should submit their proposed number 7 in red and the defendant should submit their proposed number 7 in blue. Also, where the parties do not agree, provide citations to specific testimony and evidence from trial.
Hard copy courtesy copies must be tabbed at the right margin, in binders no larger than 4 inches, marked with CM/ECF docket number unless urgent.
- Trial exhibit
- Trial deposition excerpt
Formatting
- •Use smallest comfortable binders, maximum 4 inches
Court's wording
Form. Provide hard copies as well as electronic copies. When providing hard copies, organize exhibits and attachments by tab at the right margin. Use the smallest binders that comfortably hold the material. Do not use binders 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.
Style. Use American letter-size paper, a minimum 12-point font, and a minimum of 1-inch margins with ½-inch margins for footnotes, page numbers and any headers or footers. Double space except for lengthy quotations, headings, and footnotes.
- Font size
- At least 12 points
- Line spacing
- Double
- Margins
- At least 1 inch
- Paper size
- Letter
Formatting
- •Minimum 12-point font
Exception
Lengthy quotations, headings, and footnotes
Supporting evidence must be filed as separate exhibits with cover sheets and clearly identified on CM/ECF docket entries.
Formatting
- •Supporting evidence must be supplied as separate exhibits to the filing
- •Each exhibit must have a cover sheet identifying and separating it
- •Exhibits must be clearly identified on CM/ECF docket entry when filing
Court's wording
Supply affidavits, deposition testimony excerpts, and supporting documents as separate exhibits to the filing. Provide a cover sheet to identify and separate each exhibit and identify them clearly on the CM/ECF docket entry when filing, e.g., “Exhibit A Declaration of John Doe.”
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.
Formatting
- •Non-Westlaw/Lexis-Nexis legal authority must be supplied as an appendix to any filing
Use Form 7 to prepare a trial exhibit list, which must be filed on the date the Joint Pretrial Order is filed.
Use Form 6 to prepare a Joint Pretrial Order.
Each party must file required pretrial filings on the date the Joint Pretrial Order is filed.
Court's wording
Unless otherwise set by Court order, on the date the Joint Pretrial Order is filed each party must file: • An exhibit list as per Section 20; • A witness list as per Section 21; • Designation of deposition excerpts as per Section 22; • Motions in limine as per Section 23; • Proposed topics and questions for voir dire as per Section 24; • In jury trials, a proposed joint jury charge as per Section 25; and • In bench trials, proposed findings of fact and conclusions of law as per Section 26.
When filing the Joint Pretrial Order on the CM/ECF system, file the pretrial filings set out in Section 19 as exhibits.
Each offering party must mark its own exhibits with the party’s name, case number, and exhibit number.
All lead counsel must sign the Joint Pretrial Order.
Use Form 9 to prepare deposition designations, which must be filed on the date the Joint Pretrial Order is filed.
Do not make copies.
Formatting
- •Do not make copies of juror questionnaires
Use black font for all agreed findings and conclusions. Make it clear in the proposed findings that this means that the parties are agreed as to those.
Disagreed proposed findings must be in red for plaintiff and blue for defendant.
Court's wording
Where the parties disagree, use different color font. For example, if the parties do not agree on finding of fact number 7, plaintiff should submit their proposed number 7 in red and the defendant should submit their proposed number 7 in blue.
Court copies. In civil cases, counsel for Plaintiff must also submit a Word version by email to the Court’s Case Manager. In criminal cases, counsel for Prosecution and Defense must each also submit a Word version by email.
- File type
- Word
Pinpoint citations are required for all legal authority and evidence, with specific formatting per document type, and Bates numbers where available.
Formatting
- •Provide pinpoint citations for all evidence
- •Citations to depositions must include page and line
- •Citations to affidavits and pleadings must include page and paragraph number
- •Citations to contracts must include page and section number
Court's wording
Provide pinpoint citation for all legal authority. Do the same for evidence. For instance, 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 numbers as the page reference where available.
The Court disfavors footnotes. The Court disregards evidence or argument raised only in footnotes.
Formatting
- •Court disfavors footnotes
Exhibit lists may not be amended or supplemented after this date unless by agreement.
List only those exhibits intended in good faith for use during trial.
Document Filing Requirements115 rules
Counsel and pro se parties must file a certificate of interested parties with the Clerk at least 15 days before the Scheduling Conference, listing all financially interested entities and underlining corporation names.
Court's wording
Counsel and all unrepresented parties must also file with the Clerk, at least 15 days before the Scheduling Conference, a certificate listing all persons, associations, firms, partnerships, corporations, affiliates, parent corporations, or other entities, including any unincorporated entities such as LLCs or LLPs, that are financially interested in the outcome of this litigation. Underline the name of each corporation
Amended certificate of interested parties must be filed promptly if new interested parties are identified; unincorporated entity certificates must state all members' citizenship.
Court's wording
persons or entities financially interested in the outcome of the litigation are identified during this litigation, an amended certificate must be filed promptly with the Clerk. If an unincorporated entity is named as a party, the certificate must state the citizenship of every member of that entity.
State where and when the parties held the meeting required by Rule 26(f).
Identify the counsel who attended for each party.
Any such party must also attach to this filing an affidavit or declaration establishing the citizenship of every member.
Describe any class-action or collective-action issues. Provide the proposed definition of the class. Identify the basis for any opposition.
List any unserved parties. State a date certain by which that party will be served.
Briefly describe what this case is about. In addition, state the elements of each cause of action, defense, and counterclaim.
If the case involves an unincorporated entity as a party (such as an LLC, LLP, or partnership), state the citizenship of every member or partner.
Specify the basis of federal jurisdiction. Identify any parties who disagree and the reasons.
List all related cases pending in any other state or federal court. Identify the court and case number. Describe how it relates to this case.
For jurisdiction based on diversity, identify any disagreement about the amount in controversy.
State whether the parties considered conducting discovery in phases.
Describe any issues about preservation of discoverable information.
Indicate the parties’ joint position on referral of this case for all purposes, including trial, to a Magistrate Judge.
Describe any requested change to limitations set by the Federal Rules of Civil Procedure as to interrogatories, depositions, or other matters.
State whether each party has completed its Rule 26(a) initial disclosures. If not, specify the date by which each party will do so.
Discuss the possibility for prompt, agreed resolution of the case at the Rule 26(f) meeting. State whether the parties are amenable to early mediation or other settlement attempt.
Specify any discovery already underway or accomplished.
seeking to add them, briefly explain why, and indicate a date by which to do so.
Certify that all parties have filed the Disclosure of Interested Persons as directed in the Order for Conference and Disclosure of Interested Persons.
Identify any party that has made a jury demand and whether it was timely.
State whether the parties will request a protective order. Describe any issues about confidentiality.
Specify any discovery disputes.
- Document
- Joint discovery case management plan
Include
- •Specify any discovery disputes
State whether the parties will request an electronic discovery order. Describe any issues about disclosure or discovery of electronically stored information.
List and briefly explain any anticipated interventions.
Complete and attach a joint proposed scheduling order.
3. Case background. a. General description. Briefly describe what this case is about. In addition, state the elements of each cause of action, defense, and counterclaim.
d. Interested persons. Certify that all parties have filed the Disclosure of Interested Persons as directed in the Order for Conference and Disclosure of Interested Persons.
Complete and attach a joint proposed scheduling order.
- Document
- Joint discovery case management plan
Include
- •Joint proposed scheduling order
Clearly indicate any disagreements with reasons in support of the requests made.
The joint pretrial order must include a brief agreed case statement with specified factual details, contentions, and trial issues.
Court's wording
Set forth a brief, agreed statement of the case. In a jury trial, the Court will read this statement to the jury panel during voir dire examination. Include names, dates, and relevant places. Briefly state the parties’ contentions and the issues requiring resolution at trial.
Filing & Service rules
Electronic Filing Rules
All parties must electronically file all documents through the CM/ECF system, following local administrative procedures.
E-filing required. All parties must file documents through the Case Management/Electronic Case Filing System pursuant to LR5.1 and CrLR49. All parties must also obtain and follow the Administrative Procedures for Electronic Filing in Civil and Criminal Cases from the website of the Southern District of Texas.
Page 3 | ELECTRONIC FILING AND SERVICE
Applications for restraining orders or immediate relief must be e-filed via CM/ECF.
File any application for restraining orders or other immediate relief through the CM/ECF system.
Page 4 | Ex parte applications in civil cases
Emergency motions must be e-filed via CM/ECF.
Emergency motions. File emergency motions on the CM/ECF system.
Page 4 | Emergency motions
Do not file copies of letters or emails on CM/ECF; the Court will docket or direct filing as needed.
Do not file copies of letters or email on the CM/ECF system. The Court dockets or directs filing as determined advisable.
Page 5 | Informal communication with the Court
Initial disclosures must not be filed with the court.
Do not file initial disclosures.
Page 8 | INITIAL DISCLOSURES AND COMMENCEMENT OF DISCOVERY IN CIVIL CASES
Physical delivery of documents to the Court or Case Manager does not satisfy filing requirements.
Handing documents to the Court or Case Manager does not constitute filing.
Page 20 | COURTROOM PROCEDURES AND CONDUCT
Filing Timing and Cure Windows
Provide the Court only copies of exhibits subject to objections, no later than seven calendar days after the Joint Pretrial Order is filed.
Instead, provide only copies of exhibits to which objections are lodged no later than seven calendar days after the Joint Pretrial Order is filed.
Civil cases
Page 3 | Exhibits
All exhibits must be exchanged no later than the filing date of the Joint Pretrial Order.
Exchange all exhibits no later than the date the Joint Pretrial Order is filed.
Civil cases
Page 3 | Exhibits
Responses to exhibit objections must be filed within six business days after the Joint Pretrial Order is filed.
Responses to those objections shall be filed no later than six business days after the date the Joint Pretrial Order is filed.
Civil cases
Page 3 | Exhibits
Exhibit objections must be filed within three business days after the Joint Pretrial Order is filed.
Objections to any exhibit shall be filed no later than three business days after the date the Joint Pretrial Order is filed.
Civil cases
Page 3 | Exhibits
Objections to deposition designations must be filed within three business days after the Joint Pretrial Order is filed.
Objections to any deposition designation shall be filed no later than three business days after the date the Joint Pretrial Order is filed.
Civil cases
Page 4 | Witnesses
Removing parties must file certificate of service and required information within 10 days of removal, with possible summary remand for non-compliance.
The removing party must file the certificate of service and provide the additional information within ten days of removal. The Court may summarily remand for failure of compliance.
Page 3 | Applicability and compliance
Submit any letter at least sixty days before the end of discovery or promptly upon
Submit any letter at least sixty days before the end of discovery or promptly upon
Page 10 | PRIVILEGE LOGS
Each party must file required pretrial filings (exhibit list, witness list, etc.) on the date the Joint Pretrial Order is filed.
Unless otherwise set by Court order, on the date the Joint Pretrial Order is filed each party must file: • An exhibit list as per Section 20; • A witness list as per Section 21; • Designation of deposition excerpts as per Section 22; • Motions in limine as per Section 23; • Proposed topics and questions for voir dire as per Section 24; • In jury trials, a proposed joint jury charge as per Section 25; and • In bench trials, proposed findings of fact and conclusions of law as per Section 26.
Page 14 | Required Pretrial Filings
Exhibit objections must be filed with authority no later than three business days after the Joint Pretrial Order is filed.
The Court supersedes time limits set in LR44.1, LR46, and CrLR55.2.B and requires filing of any objections with authority no later than three business days after the date the Joint Pretrial Order is filed.
Page 15 | Depositions and exhibits in civil cases
Responses to exhibit objections must be filed no later than six business days after the Joint Pretrial Order is filed.
File any response to objections no later than six business days after the date the Joint Pretrial Order is filed.
Page 15 | Depositions and exhibits in civil cases
Witness objections must be filed with authority no later than three business days after the Joint Pretrial Order is filed.
File any objections with authority no later than three business days after the date the Joint Pretrial Order is filed.
Page 16 | 21. WITNESS LISTS
Objections to deposition designations must be filed within 3 business days after the Joint Pretrial Order is filed.
Objections to any deposition designation shall be filed no later than three business days after the date the Joint Pretrial Order is filed.
Page 17 | 22. Deposition designations
Motions in limine must be filed on the same date as the Joint Pretrial Order.
File separate motions in limine with a matching proposed order on the same date the Joint Pretrial Order is filed.
Page 17 | 23. MOTIONS IN LIMINE
Responses to contested motions in limine must be filed within 3 business days after the Joint Pretrial Order is filed.
File a response to any motion in limine that is contested no later than three business days after the date the Joint Pretrial Order is filed.
Page 17 | 23. MOTIONS IN LIMINE
Responses to deposition designation objections must be filed within 6 business days after the Joint Pretrial Order is filed.
Responses to those objections shall be filed no later than six business days after the date the Joint Pretrial Order is filed.
Page 17 | 22. Deposition designations
Criminal prosecution and defense must file jury instruction documents 3 working days before the Final Pretrial Conference.
The Prosecution must file a proposed jury charge based on the Fifth Circuit Pattern Jury Instructions and supported modifications. The Defense must file objections or its own supported modifications. These must be filed three working days before the Final Pretrial Conference.
Page 18 | 25. JURY INSTRUCTIONS
Original documents offered must be filed as soon as practicable.
File all original documents as soon as practicable.
Page 20 | COURTROOM PROCEDURES AND CONDUCT
Service and Proof of Service Rules
Plaintiff must serve the Court's standing procedures with the summons and complaint and file proof of service.
Service. Plaintiff must formally serve these procedures with the summons and complaint and file proof of service.
Page 3 | Applicability and compliance
Filing via CM/ECF is sufficient service for represented parties; pro se parties must use formal service methods.
Service. For parties represented by counsel with CM/ECF credentials, filing through the CM/ECF system constitutes sufficient service on other parties. For other parties, provide formal service in compliance with applicable rules.
Page 3 | ELECTRONIC FILING AND SERVICE
TRO/immediate relief applicants must attempt immediate informal service on opposing parties via mail/email.
In addition to service required by rule, the initiating party must in good faith attempt immediate informal service on the opposing party by any available means, including forwarding the application to the last-known mail and email addresses.
Page 4 | Ex parte applications in civil cases
The Court may dismiss for want of prosecution any Defendant upon whom Plaintiff has not perfected service within ninety days after filing the complaint pursuant to Rule 4(m).
The Court may dismiss for want of prosecution any Defendant upon whom Plaintiff has not perfected service within ninety days after filing the complaint pursuant to Rule 4(m).
Page 7 | Joint Discovery/Case Management Plan and Proposed Scheduling Order
Trial exhibits must be exchanged; civil parties must exchange by the Joint Pretrial Order filing date, criminal schedule set by Court.
Seek agreement on the form of exchange. Absent agreement, exchange well-organized USB drives or provide for similar electronic transfer or download. In civil cases, exchange all exhibits no later than the date the Joint Pretrial Order is filed. In criminal cases, the Court sets the schedule for disclosure of exhibits.
Page 14 | Trial Exhibit Lists
In civil cases, by 8:00 p.m. two days in advance of the first day of trial, Plaintiff must notify all other parties as to the order of witnesses expected during the first two days of trial. Once trial commences, the parties must update one another at the end of each trial day on the order of witnesses expected during the next two trial days.
In civil cases, by 8:00 p.m. two days in advance of the first day of trial, Plaintiff must notify all other parties as to the order of witnesses expected during the first two days of trial. Once trial commences, the parties must update one another at the end of each trial day on the order of witnesses expected during the next two trial days.
Page 16 | 21. WITNESS LISTS
Revised deposition designations must be provided to opposing counsel two days before intended use.
Provide revised designations to opposing counsel two days in advance of intended use.
Page 17 | 22. Deposition designations
Serve all parties with a copy of any letter or email sent to the Court using the same delivery method.
Prior to or with delivery of any letter or email to the Court, use the same means to provide a copy to all other parties.
Page 5 | Informal communication with the Court
Courtesy Copy Requirements
Courtesy copies are required only for trial exhibits or deposition excerpts with objections, which must be highlighted.
Do not provide courtesy copies to the Court except for the following: • Trial Exhibits to which objections have been lodged; and • Trial Deposition excerpts when objections have been lodged. Highlight the objections and the questions/answers to which those objections are directed.
Page 5 | Court copies
Delivery. Electronic copies should be sent to the Court’s case manager via email. Hard copies should be mailed or hand-delivered to the attention of the Case Manager with a transmittal letter specifying the content.
Delivery. Electronic copies should be sent to the Court’s case manager via email. Hard copies should be mailed or hand-delivered to the attention of the Case Manager with a transmittal letter specifying the content.
Page 5 | Court copies
Only copies of exhibits with objections must be provided to the Court within seven calendar days of the Joint Pretrial Order being filed.
Do not provide copies of all exhibits to the Court. Instead, provide only copies of exhibits to which objections are lodged no later than seven calendar days after the Joint Pretrial Order is filed.
Page 15 | Depositions and exhibits in civil cases
Civil plaintiffs and criminal prosecution/defense must submit Word versions of jury instructions by email to the Case Manager.
Court copies. In civil cases, counsel for Plaintiff must also submit a Word version by email to the Court’s Case Manager. In criminal cases, counsel for Prosecution and Defense must each also submit a Word version by email.
Page 18 | 25. JURY INSTRUCTIONS
Counsel must submit a Word version of proposed findings to the Case Manager by email, with requirements varying by case type.
Court copies. In civil cases, counsel for Plaintiff must also submit a Word version by email to the Case Manager. In criminal cases, counsel for Prosecution and Defense must each submit a Word version by email.
Page 19 | BENCH TRIALS
Two copies of documents filed during or within seven days prior to trial must be ready for the Court.
Have ready for the Court two copies of documents filed during or within seven days prior to trial or hearing.
Page 20 | COURTROOM PROCEDURES AND CONDUCT
For emergency motions, file via CM/ECF then email a copy to the Case Manager immediately; extension motions are not emergencies.
Emergency motions. File emergency motions on the CM/ECF system. Then send a copy by email directly to the Case Manager so that it quickly reaches the Court’s attention. Motions for extension of deadlines are not emergencies.
Page 4 | Emergencies
Delivery. Electronic copies should be sent to the Court’s case manager via email. Hard copies should be mailed or hand-delivered to the attention of the Case Manager with a transmittal letter specifying the content.
Delivery. Electronic copies should be sent to the Court’s case manager via email. Hard copies should be mailed or hand-delivered to the attention of the Case Manager with a transmittal letter specifying the content.
Page 5 | Court copies
Courtesy copies are required only for trial exhibits with objections and trial deposition excerpts with objections, with objections highlighted.
When required. Do not provide courtesy copies to the Court except for the following: • Trial Exhibits to which objections have been lodged; and • Trial Deposition excerpts when objections have been lodged. Highlight the objections and the questions/answers to which those objections are directed.
Page 5 | Court copies
Only copies of exhibits to which objections are lodged must be provided to the Court within seven calendar days after the Joint Pretrial Order is filed.
Do not provide copies of all exhibits to the Court. Instead, provide only copies of exhibits to which objections are lodged no later than seven calendar days after the Joint Pretrial Order is filed.
Page 15 | Exhibit Lists
Witness lists must be submitted per Section 19 and a copy furnished to the court reporter before trial.
Court copies. Follow Section 19 regarding submission of witness lists. Also furnish a copy to the court reporter before trial.
Page 16 | 21. WITNESS LISTS
Two copies of documents filed during or within seven days prior to trial must be ready for the Court.
Have ready for the Court two copies of documents filed during or within seven days prior to trial or hearing.
Page 20 | COURTROOM PROCEDURES AND CONDUCT
Sealing & Redaction Procedures
Motions to seal are disfavored; parties must follow Section 10 procedures for sealed filings.
Motions to seal. The Court disfavors but will consider filings under seal. Proceed as directed under Section 10.
Page 11 | 15. MOTION PRACTICE AND HEARINGS
Sealing a pleading or brief requires a motion to seal filed on the public docket with a redacted version attached, and the unredacted material filed under seal.
Motion required to seal. A presumption exists as to public access to judicial records. The Court disfavors the filing of any pleading, brief, or supporting follows. 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 of the material suitable to and proposed for filing on the public docket. In the alternative, establish cause why redaction is not possible.
Page 7 | PROTECTIVE ORDERS AND FILINGS UNDER SEAL
Sealing requires a motion to seal filed on public docket with redacted material; unredacted material filed under seal on ECF with SEALED designation and informative title.
Motion required to seal. A presumption exists as to public access to judicial records. The Court disfavors the filing of any pleading, brief, or supporting follows. 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 of the material suitable to and proposed for filing on the public docket. In the alternative, establish cause why redaction is not 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 permission, do not simply identify a document as SEALED DOCUMENT without explanation.
Page 7 | PROTECTIVE ORDERS AND FILINGS UNDER SEAL
Filing Bundling Requirements
Section 19 pretrial filings must be filed as exhibits with the Joint Pretrial Order on CM/ECF.
When filing the Joint Pretrial Order on the CM/ECF system, file the pretrial filings set out in Section 19 as exhibits.
Page 14 | Joint Pretrial Orders in Civil Cases
Pre-Motion Conference Requirements
Pre-motion letter (max 2 pages) required to seek permission to file discovery/scheduling dispute motions, must include specified content and copy all parties.
Do not bring a motion on discovery and scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties.
Page 4 | 5. Pre-motion Conferences Required for Discovery and Other Pretrial Disputes
Lead counsel must personally confer on all discovery and scheduling disputes before involving the Court.
Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court.
Page 4 | 5. Pre-motion Conferences Required for Discovery and Other Pretrial Disputes
Discovery and scheduling motions require prior permission and lead counsel conference before filing.
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. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the
Page 12 | 9. Additional orders relating to disclosures, discovery, or pretrial motions
two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter. The foregoing letters should be sent by email to the Court’s case manager, Kellie Papaioannou at Kellie_Papaioannou@txs.uscourts.gov.
two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter. The foregoing letters should be sent by email to the Court’s case manager, Kellie Papaioannou at Kellie_Papaioannou@txs.uscourts.gov.
Page 13 | 5. Pre-motion Conferences Required for Discovery and Other Pretrial Disputes
Discovery, scheduling, compel, quash, protection, and extension motions require court permission before submission; lead counsel must personally confer prior to involving the court.
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. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court.
Civil cases
Page 6 | Additional orders relating to disclosures, discovery, or pretrial motions
two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.
two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.
Civil cases
Page 7
Ex parte restraining order applications will only be considered if the initiating party complies with Rule 65(b) requirements.
Ex parte applications in civil cases. The Court does not entertain ex parte applications for restraining orders unless the initiating party satisfies the requirements of Rule 65(b).
Page 4 | Ex parte applications in civil cases
Pre-motion letter (max 2 single-spaced pages) required before filing discovery or scheduling dispute motions; responsive letters allowed, no replies.
Initiating letter required. Do not bring a motion on discovery or scheduling disputes without permission. 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. Do not submit a reply letter.
Page 10 | DISCOVERY AND SCHEDULING DISPUTES
Opposed motions are submitted to the Court twenty- one calendar days from filing. The Court may rule on the motion at that time. Accordingly, file any response no later than twenty-one calendar days of the motion. There is no right to file a reply. The Court may consider a reply if it is filed prior to the Court ruling on the motion. Any reply must be filed no later than seven days after the response is filed. Do not file a sur-reply absent permission.
Opposed motions are submitted to the Court twenty- one calendar days from filing. The Court may rule on the motion at that time. Accordingly, file any response no later than twenty-one calendar days of the motion. There is no right to file a reply. The Court may consider a reply if it is filed prior to the Court ruling on the motion. Any reply must be filed no later than seven days after the response is filed. Do not file a sur-reply absent permission.
Page 11 | 15. MOTION PRACTICE AND HEARINGS
Discovery or scheduling dispute motions may not be filed without prior permission under Section 13.c.
Do not bring a motion on discovery or scheduling disputes absent permission obtained under Section 13.c.
Page 11 | 15. MOTION PRACTICE AND HEARINGS
Criminal case motion briefing follows CrLR12 and Federal Rule of Criminal Procedure 12.
Submission date and briefing deadline in criminal cases. The Court proceeds according to CrLR12 and Rule 12 of the Federal Rules of Criminal Procedure.
Page 12 | 15. MOTION PRACTICE AND HEARINGS
Confer in good faith so that only disputed motions remain for the Court to resolve.
Confer in good faith so that only disputed motions remain for the Court to resolve.
Page 17 | 23. MOTIONS IN LIMINE
Motions in limine are prohibited in bench trials.
Do not bring motions in limine in bench trials.
Page 17 | 23. MOTIONS IN LIMINE
Motions in limine may not raise topics already resolved under Daubert or summary judgment.
Do not raise or re-urge topics resolved under Daubert or summary judgment practice.
Page 17 | 23. MOTIONS IN LIMINE
In camera review available. When a party believes an opponent has misused its privilege log, it may request that the Court make in camera inspection of not more than twenty documents. Bring any request by letter not to exceed approximately three single-spaced pages. Lead counsel must confer in good faith to resolve the dispute prior to any letter. In the letter, identify the documents for review, state the grounds for challenge, specify the conference between lead counsel, and summarize the results. This letter establishes consent to ex parte contact between the Court and the party’s opponent regarding the nature and verity of the asserted privilege. Each party may freely submit only a single letter requesting in camera inspection. Submit any letter at least sixty days before the end of discovery or promptly upon
In camera review available. When a party believes an opponent has misused its privilege log, it may request that the Court make in camera inspection of not more than twenty documents. Bring any request by letter not to exceed approximately three single-spaced pages. Lead counsel must confer in good faith to resolve the dispute prior to any letter. In the letter, identify the documents for review, state the grounds for challenge, specify the conference between lead counsel, and summarize the results. This letter establishes consent to ex parte contact between the Court and the party’s opponent regarding the nature and verity of the asserted privilege. Each party may freely submit only a single letter requesting in camera inspection. Submit any letter at least sixty days before the end of discovery or promptly upon
Page 10 | PRIVILEGE LOGS
Pre-motion initiating letter (max ~2 single-spaced pages) required to obtain permission to file motions on discovery or scheduling disputes.
Initiating letter required. Do not bring a motion on discovery or scheduling disputes without permission. 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. Do not submit a reply letter.
Page 10 | DISCOVERY AND SCHEDULING DISPUTES
Civil motion responses due 21 calendar days after filing; replies due 7 days after response, no sur-replies without permission.
Submission date and briefing deadlines in civil cases. The Court follows the deadlines set forth in LR7.3. Opposed motions are submitted to the Court twenty- one calendar days from filing. The Court may rule on the motion at that time. Accordingly, file any response no later than twenty-one calendar days of the motion. There is no right to file a reply. The Court may consider a reply if it is filed prior to the Court ruling on the motion. Any reply must be filed no later than seven days after the response is filed. Do not file a sur-reply absent permission.
Page 11 | 15. MOTION PRACTICE AND HEARINGS
Before filing Rule 12(b)(6) or 12(c) motions in civil cases, counsel must identify pleading issues and confer in good faith; certificate of conference must confirm this.
Motions to dismiss or for judgment on the pleadings in civil cases. Pleading deficiencies of a claim or counterclaim are often cured in whole or in part by a permissible amendment to the subject pleading. 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. The Court will strike motions that do not include this in the certificate of conference.
Page 11 | 15. MOTION PRACTICE AND HEARINGS
Discovery or scheduling dispute motions may only be filed with prior permission under Section 13.c.
Motions on discovery and scheduling. Do not bring a motion on discovery or scheduling disputes absent permission obtained under Section 13.c.
Page 11 | 15. MOTION PRACTICE AND HEARINGS
Parties must confer in good faith before filing motions in limine to resolve undisputed issues.
Confer in good faith so that only disputed motions remain for the Court to resolve.
Page 17 | Motions in limine
Court may resolve discovery/scheduling disputes via letters or telephonic/video conference, and set briefing schedule if motion is allowed.
The Court may dispose of the dispute on the letters. When determined advisable, the Court may schedule a telephonic or video conference as soon as practicable. The Court will dispose of disputes at the conference to the extent possible and establish the issues and briefing schedule of any written motion allowed.
Page 4 | 5. Pre-motion Conferences Required for Discovery and Other Pretrial Disputes
Criminal motion briefing deadlines follow CrLR12 and Rule 12 of the Federal Rules of Criminal Procedure.
Submission date and briefing deadline in criminal cases. The Court proceeds according to CrLR12 and Rule 12 of the Federal Rules of Criminal Procedure.
Page 12 | 15. MOTION PRACTICE AND HEARINGS
Adjournment & Extension Requirements
Motions to extend discovery deadlines must be filed sufficiently early to allow opposing counsel to respond before the original deadline.
Motions for extension of discovery must be filed far enough in advance of the deadline to enable opposing counsel to respond before the deadline.
Page 5
Extension requests must obtain court permission before submitting motion papers; lead counsel must personally confer on disputes prior to involving the court.
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. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court.
Civil cases
Page 6 | Additional orders relating to disclosures, discovery, or pretrial motions
Modifying scheduling orders requires a motion showing good cause; continuance agreements are not binding, and must include adjusted dates for all subsequent deadlines.
Approval required. The Court will modify the Scheduling Order only upon a motion establishing good cause. Agreements on continuance of deadlines do not bind the Court but are given due consideration. Requested changes must include recommended dates to adjust all deadlines following the first modification.
Page 7 | CONTINUANCES
Agreed extensions of submission dates must be communicated via letter or email, with a proposed order maintaining other deadlines.
Advise by letter or email of any agreed extension of the submission date. Provide a proposed order for any agreed extension that maintains other deadlines set by the Court.
Page 12 | 15. MOTION PRACTICE AND HEARINGS
Continuances for missing witnesses are only granted if the witness was subpoenaed and failed to appear.
The Court will not recess to permit counsel to call a missing witness unless a witness fails to appear on subpoena.
Page 20 | COURTROOM PROCEDURES AND CONDUCT
Continuances for interpreter issues are only granted if a scheduled interpreter fails to appear.
The Court will not recess to permit counsel to obtain an interpreter unless a scheduled interpreter fails to appear.
Page 20 | COURTROOM PROCEDURES AND CONDUCT
Modification of the Scheduling Order requires a motion establishing good cause.
The Court will modify the Scheduling Order only upon a motion establishing good cause.
Page 7 | CONTINUANCES
certain. Provide reasons justifying prompt attention. Advise by letter or email of any agreed extension of the submission date. Provide a proposed order for any agreed extension that maintains other deadlines set by the Court.
certain. Provide reasons justifying prompt attention. Advise by letter or email of any agreed extension of the submission date. Provide a proposed order for any agreed extension that maintains other deadlines set by the Court.
Page 12 | 15. MOTION PRACTICE AND HEARINGS
Motions for extension of deadlines do not qualify as emergency motions.
Motions for extension of deadlines are not emergencies.
Page 4 | Emergency motions
Plaintiff may request a reasonable continuance of the scheduling conference if service has not been perfected.
Plaintiff may request a reasonable continuance if it has not perfected service.
Page 7 | Joint Discovery/Case Management Plan and Proposed Scheduling Order
The court accommodates vacation and family-related continuance requests if made well in advance of hearings or trials.
Vacation requests. The Court respects and seeks to accommodate vacation and family requests if made well in advance of a hearing or trial setting.
Page 7 | CONTINUANCES
Agreed extensions of discovery deadlines require no approval if they do not affect the Scheduling Order or other court-set deadlines.
Parties may agree to extension of discovery deadlines without seeking approval when the extension does not affect the Scheduling Order or other deadlines set by the Court.
Page 7 | CONTINUANCES
Vacation and family-related continuance requests are accommodated if submitted well in advance of the hearing or trial.
The Court respects and seeks to accommodate vacation and family requests if made well in advance of a hearing or trial setting.
Page 7 | CONTINUANCES
Chambers Communication Rules
Pre-motion letters must be sent by email to the Court’s case manager Kellie Papaioannou at Kellie_Papaioannou@txs.uscourts.gov.
two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter. The foregoing letters should be sent by email to the Court’s case manager, Kellie Papaioannou at Kellie_Papaioannou@txs.uscourts.gov.
Page 13 | 5. Pre-motion Conferences Required for Discovery and Other Pretrial Disputes
The foregoing letters should be sent by email to the Court’s case manager, Kellie Papaioannou at Kellie_Papaioannou@txs.uscourts.gov.
The foregoing letters should be sent by email to the Court’s case manager, Kellie Papaioannou at Kellie_Papaioannou@txs.uscourts.gov.
Civil cases
Page 7
Emergency motions must be emailed directly to the Case Manager after e-filing.
Then send a copy by email directly to the Case Manager so that it quickly reaches the Court’s attention.
Page 4 | Emergency motions
Counsel must immediately email chambers to notify of pending motion resolution before court ruling.
Immediately advise by email of resolution of a pending motion prior to the Court’s ruling.
Page 12 | 15. MOTION PRACTICE AND HEARINGS
Parties must immediately notify the Court by email upon reaching a settlement in civil cases.
Immediately notify the Court by email of settlement.
Page 22 | Mediation and settlements in civil cases
Direct inquiries regarding any case assigned to Judge Tipton to: Kellie Papaioannou Case Manager to Judge Drew B. Tipton 515 Rusk Street, Room 5300 Houston, Texas 77002 (361) 693-6403 Email: Kellie_Papaioannou@txs.uscourts.gov
Direct inquiries regarding any case assigned to Judge Tipton to: Kellie Papaioannou Case Manager to Judge Drew B. Tipton 515 Rusk Street, Room 5300 Houston, Texas 77002 (361) 693-6403 Email: Kellie_Papaioannou@txs.uscourts.gov
Page 1 | Informal communication with the Court
Do not initiate contact with Law Clerks unless returning a message; only discuss the specific subject of their inquiry.
Law Clerks. A Law Clerk may contact counsel with a specific inquiry at the Court’s direction. Do not initiate contact with the Law Clerks unless returning a message. Do not discuss matters beyond the indicated subject.
Page 5 | Informal communication with the Court
Counsel must immediately notify chambers via email of any motion resolution before the Court rules.
Resolution by agreement. Immediately advise by email of resolution of a pending motion prior to the Court’s ruling. The Court will then deny the motion as moot or have the clerk terminate the motion.
Page 12 | 15. MOTION PRACTICE AND HEARINGS
Notify the Court by letter or email whenever serious settlement discussions are underway.
Notify the Court by letter or email whenever serious settlement discussions are underway.
Page 22 | 29. MEDIATION AND SETTLEMENTS IN CIVIL CASES
Parties must immediately notify the Court by email upon settlement.
Immediately notify the Court by email of settlement.
Page 22 | 29. MEDIATION AND SETTLEMENTS IN CIVIL CASES
Do not initiate contact with Law Clerks unless returning a message; only discuss specified subjects.
Law Clerks. A Law Clerk may contact counsel with a specific inquiry at the Court’s direction. Do not initiate contact with the Law Clerks unless returning a message. Do not discuss matters beyond the indicated subject.
Page 5 | Informal communication with the Court
The foregoing letters should be sent by email to the Court’s case manager, Kellie Papaioannou at Kellie_Papaioannou@txs.uscourts.gov.
The foregoing letters should be sent by email to the Court’s case manager, Kellie Papaioannou at Kellie_Papaioannou@txs.uscourts.gov.
Page 4 | 5. Pre-motion Conferences Required for Discovery and Other Pretrial Disputes
Direct inquiries regarding any case assigned to Judge Tipton to: Kellie Papaioannou Case Manager to Judge Drew B. Tipton 515 Rusk Street, Room 5300 Houston, Texas 77002 (361) 693-6403 Email: Kellie_Papaioannou@txs.uscourts.gov
Direct inquiries regarding any case assigned to Judge Tipton to: Kellie Papaioannou Case Manager to Judge Drew B. Tipton 515 Rusk Street, Room 5300 Houston, Texas 77002 (361) 693-6403 Email: Kellie_Papaioannou@txs.uscourts.gov
Page 1
Communication. Make all related communications through the Case Manager via telephone or email.
Communication. Make all related communications through the Case Manager via telephone or email.
Page 4 | Ex parte applications in civil cases
The Court disfavors informal communication; substantive issues must be addressed via written filings or in-person hearings.
Informal communication disfavored. The Court disfavors informal communication about cases except as stated in these procedures. Do not address substantive issues in informal communication. Address such issues only through written filings and in-person conferences and hearings.
Page 4 | INFORMAL COMMUNICATION WITH THE COURT
Court staff (Case Manager, Law Clerks, etc.) do not provide legal advice or predict case outcomes.
Neither the Case Manager, the Law Clerks, nor other personnel provide legal advice or predict what the Court will do on a given matter.
Page 4 | INFORMAL COMMUNICATION WITH THE COURT
Contact the Court through the Case Manager using specified methods based on communication purpose.
the Court through the Case Manager. Unless stated otherwise below, use the following: • Letters to initiate discovery and scheduling disputes under Section 13; • Letters or email for other minor procedural questions; and • Email or telephone for matters requiring prompt attention.
Page 5 | Informal communication with the Court
Status inquiries. Seek answers when possible from the District Court’s website. Review information on the 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.
Status inquiries. Seek answers when possible from the District Court’s website. Review information on the 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 5 | Informal communication with the Court
Counsel may jointly or individually advise by email of any request for oral argument together with circumstances to justify it.
Counsel may jointly or individually advise by email of any request for oral argument together with circumstances to justify it.
Page 12 | 15. MOTION PRACTICE AND HEARINGS
Courtroom access outside normal hours must be arranged in advance via email with the Case Manager.
Arrange in advance by email with the Case Manager for any necessary access before or after normal hours.
Page 20 | COURTROOM PROCEDURES AND CONDUCT
Contact the Court through the Case Manager using specified methods for different inquiry types.
the Court through the Case Manager. Unless stated otherwise below, use the following: • Letters to initiate discovery and scheduling disputes under Section 13; • Letters or email for other minor procedural questions; and • Email or telephone for matters requiring prompt attention.
Page 5 | Informal communication with the Court
Status inquiries. Seek answers when possible from the District Court’s website. Review information on the 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.
Status inquiries. Seek answers when possible from the District Court’s website. Review information on the 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 5 | Informal communication with the Court
All filing questions must be directed to the Office of the Clerk.
Direct filing questions to the Office of the Clerk.
Page 5 | Informal communication with the Court
Counsel may request oral argument via email, providing justification; Court sets oral argument at its discretion.
Oral argument. Adequate motion papers are particularly important. The Court rules on most motions on the papers and sets oral argument when determined advisable. Counsel may jointly or individually advise by email of any request for oral argument together with circumstances to justify it.
Page 12 | 15. MOTION PRACTICE AND HEARINGS
After-hours courtroom access must be arranged in advance via email with the Case Manager.
Courtroom access. Arrange in advance by email with the Case Manager for any necessary access before or after normal hours.
Page 20 | COURTROOM PROCEDURES AND CONDUCT