Judge Ewing Werlein, Jr.
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Communication
Phone
Clerk
Phone
Chambers
Page & Word Limits1 rule
Without leave of Court any brief or memorandum shall be limited to 25 pages.
- Brief
- Up to 25 pages
Exception
More pages with leave of court
Document Filing Requirements24 rules
Briefly set out why the Court has full and complete jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state the problem.
The Statement of the Case must briefly describe the case and include names, dates, and places.
Court's wording
Give a brief statement of the case for the information of the Court and/or which the Court may read to the jury panel to see if the panel is acquainted with the facts of or parties to the case. Include names, dates and places.
List each party, its counsel, and counsel's address and telephone number in separate paragraphs.
State concisely in separate paragraphs what each party claims.
Identify any pending motions.
Include
- •Identify any pending motions
Any counsel requiring authentication of an exhibit must so notify the offering counsel in writing within five business days after the exhibit is made available to opposing counsel for examination. Failure to do so is an admission of authenticity.
Delineate the legal propositions not in dispute.
The Court will admit all exhibits listed in the final pretrial order into evidence unless opposing counsel files written objections with authorities at least three business days before trial.
State briefly the issues of law in dispute. A memorandum of authorities should be filed which addresses these issues.
In the event there are any other witnesses to be called at the trial, their names, addresses, and subject matter of their testimony will be reported to opposing counsel as soon as they are known. This restriction shall not apply to rebuttal or impeachment witnesses, the necessity of whose testimony cannot reasonably be anticipated before the time of trial.
Each counsel will attach to this joint pretrial order two copies of a list (in the form shown by Attachment A or a similar form) of all exhibits to be offered and will make all such exhibits available for examination by opposing counsel.
Each counsel will also attach to the joint pretrial order two copies of a list of witnesses' names only for use by Court personnel.
The offering party will mark his own exhibits prior to trial and include the party's name, case number, and exhibit number on each exhibit to be offered.
List all facts which have been stipulated and admitted and require no proof.
List all factual issues in controversy necessary to the final disposition of this case.
List the names and addresses of witnesses who will or may be called and include a brief statement of the subject matter and substance of their testimony. If a witness is to appear by deposition, cite the inclusive pages and lines to be read. Objectinos to those portions (citing pages and lines) with supporting authority must be filed at least three business days before trial.
Include in this paragraph the following: a. Whether the trial will be Jury or Non-Jury; b. Probable length of trial; and c. Availability of witnesses.
For a Nonjury trial: a. Proposed Findings of Fact. b. Proposed Conclusions of Law. c. Memorandum of Law.
Include a statement that all settlement efforts have been exhausted, the current settlement demand and offer, and whether the case can reasonably be expected to settle.
For Jury Trials include the following IN DUPLICATE: a. Proposed jury instructions, definitions, and interrogatories. Each requested instruction, definition, and interrogatory must be numbered and presented on a separate sheet of paper with the citation and authority upon which counsel rely. b. Memorandum of Law.
all requests for extensions of deadlines for completion of discovery or for postponement of the trial [must] be signed by the attorney and the party making the request.
The Court will not hear discovery motions unless the motion includes a statement that counsel conferred in good faith, reciting the date, time, place, and participants, or the facts of attempted conferral.
- Document
- Discovery motion
Must include
- •Certificate of conference
Court's wording
The Court will not hear discovery motions unless moving counsel advises the Court, in the motion, that counsel have conferred in a good faith effort to resolve the matters in dispute but are unable to reach an agreement. The statement shall recite the date, time, and place of such conferences, and the names of all parties participating therein. If counsel has been unable to confer because of unavailability or unwillingness of opposing counsel to do so, the statement shall recite the facts concerning attempts to confer.
This rule does not apply to rebuttal exhibits which cannot be anticipated.
Briefs or memoranda with more than 10 pages of argument must include a table of contents with page numbers for each section and heading.
Must include
- •Table of contents
Court's wording
Any brief or memorandum that has more than 10 pages of argument must contain the following items. All briefs and memoranda must contain items (3), (4), (6), and (7). (1) A table of contents setting forth the page number of each section, including all headings designated in the body of the brief or memorandum.
Filing & Service rules
Filing Timing and Cure Windows
Instruments filed within seven days before docket call will not be considered at docket call.
No instrument filed within 7 days before the at 4:00 p.m. Docket Call will be considered at Docket Call.
Civil cases
Page 1 | AMENDED DOCKET CONTROL ORDER
Service and Proof of Service Rules
The attorney adding new parties must provide them with copies of the order.
The Attorney causing the addition of new parties will provide copies of this Order to new parties.
Civil cases
Page 1 | AMENDED DOCKET CONTROL ORDER
Pre-Motion Conference Requirements
Applications for restraining orders or immediate relief must be made through the Case Manager and require an in-chambers conference; ex parte applications are not entertained unless Rule 65(b) is satisfied.
Applications for restraining orders or for other immediate relief shall be made through the Case Manager. Such applications shall be presented to the Court by the Case Manager following counsel's affirmation that the opposing party has been contacted and that both parties can be available for an in-chambers conference before the Court. Ex parte applications for restraining orders will not be entertained by the Court unless the requirements of Fed. R. Civ. P. 65(b) have been satisfied.
Civil cases
Page 2 | 2. EMERGENCIES
Adjournment & Extension Requirements
Motions for extension of discovery must be filed far enough in advance of the deadline to allow opposing counsel to respond before the deadline.
Motions for extension of discovery must be filed far enough in advance of the deadline so that opposing counsel may respond prior to the deadline.
Civil cases
Page 4 | MOTION PRACTICE
Joint motions for continuance are not binding and are granted only at the Court's discretion.
Joint motions for continuance are not binding, and they will be granted only at the Court's discretion.
Civil cases
Page 3 | CONTINUANCES
The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Counsel should immediately notify the Case Manager, in writing of such an agreement.
The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Counsel should immediately notify the Case Manager, in writing of such an agreement.
Civil cases
Page 4 | MOTION PRACTICE
Motions for extension of deadlines or cut-off dates are not treated as emergencies.
Motions for extension of deadlines or cut-off dates are not emergencies.
Civil cases
Page 2 | 2. EMERGENCIES
Bona fide vacation requests will be respected.
Bona fide vacation requests will be respected.
Civil cases
Page 3 | CONTINUANCES
Chambers Communication Rules
Substantive issues must not be raised in letter form because letters are not docketed or included in the appellate record.
Do not address substantive issues in letter form because they are not docketed or included in the appellate record.
Civil cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
Case-related telephone inquiries should be made only to the Case Manager. Inquiries should not be made to the Court's secretary or law clerk.
Case-related telephone inquiries should be made only to the Case Manager. Inquiries should not be made to the Court's secretary or law clerk.
Civil cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
Case-related correspondence must be addressed to the United States District Clerk at the specified Houston address.
Case related correspondence must be addressed to: United States District Clerk Post Office Box 61010 Houston, Texas 77208
Civil cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
Counsel must immediately notify the Case Manager of the resolution of any matter set for trial or hearing.
Counsel will notify the Case Manager immediately of the resolution of any matter that is set for trial or hearing.
Civil cases
Page 3 | APPEARANCES
The Case Manager will not respond to casual telephone inquiries about motions and case status.
The case load will not allow the Case Manager to respond to casual telephone inquiries about motions and case status generally.
Civil cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
Copies of urgent documents, including letters, may be sent to chambers.
Copies of urgent documents (including letters) may be sent to chambers.
Civil cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
Information about filings, orders, and docket entries may be obtained from the Clerk's Office at 713-250-5500 or the Court's website.
Information about the filing of documents, entry of orders, or docket entries may be obtained from the Clerk's Office at 713-250-5500 or from the Court's website at www.txs.uscourts.gov.
Civil cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
Law clerks may contact counsel at the Court's direction but will only discuss the subject of the call.
At the Court's direction, law clerks may contact counsel; however, they will not discuss matters other than the subject of the call.
Civil cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
If out-of-town counsel desire to appear by telephone, a written request should be made to the Case Manager as far as reasonably possible in advance of the conference.
If out-of-town counsel desire to appear by telephone, a written request should be made to the Case Manager as far as reasonably possible in advance of the conference.
Civil cases
Page 3 | APPEARANCES