Judge Fernando Rodriguez, Jr.
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Urgent Document
- Simultaneously with Filing
Communication
Clerk
Phone
Clerk
Page & Word Limits2 rules
A party shall obtain leave of the Court to file a brief and legal memoranda that exceeds 30 pages, excluding exhibits.
- Brief
- Up to 30 pages
- Legal memorandum
Excluded from page count
- •Exhibits
Briefs and legal memoranda shall be limited to 20 pages, unless permitted by the Court to exceed this limit.
- Brief
- Up to 20 pages
Document Format Requirements11 rules
Counsel for each party is required to provide the Court with a copy of that party's exhibits in a properly tabbed and indexed notebook.
- Exhibit
Formatting
- •Indexed
Parties must mark their exhibits to include the date and case number on each.
- Exhibit
Formatting
- •Mark with date and case number on each exhibit
Joint Pretrial Order must include four lists of expected exhibits per party on the Clerk of Court’s provided form.
Formatting
- •Exhibit lists must be on Clerk of Court provided form
- •Four exhibit lists per party
Court's wording
On a form like the one provided by the Clerk of the Court, each party will attach four lists of all exhibits expected to be offered and will make the exhibits available for opposing counsel’s examination. See sample at Appendix D-1.
Witness lists must be on a form similar to the Clerk's provided form, include required witness details, and follow Appendix D-2 sample.
- Witness list
Formatting
- •Include witness names, addresses, and brief statement of testimony nature
- •Reference Appendix D-2 sample
Court's wording
On a form similar to the one provided by the Clerk of the Court, each party will attach four lists with the names and addresses of witnesses who may be called with a brief statement of the nature of their testimony. See sample at Appendix D-2.
BROWNSVILLE DIVISION CIVIL ACTION NO. B- V. EXHIBIT LIST LIST OF: TYPE OF HEARING: JUDGE: CLERK: REPORTER: FERNANDO RODRIGUEZ, JR. BALVINA ESPINOZA SHEILA PERALES N O. DESCRIPTION OFR OBJ ADM DATE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. APPENDIX “D-1”
- Exhibit list
Formatting
- •Use Appendix D-1 form
- •Include header with judge, clerk, reporter names
- •Include columns: No., Description, OFR, OBJ, ADM, DATE
The Southern District of Texas requires the electronic filing of all pleadings. This reduces the burden on the District Clerk’s Office and increases the efficiency of the Court. B. Generally, all pleadings in this District must be filed through the Electronic Case Filing System (ECF).
Applications for restraining orders or other applications for immediate relief must be made through the District Clerk’s office: U.S. District Clerk’s Office 600 E. Harrison Street, Suite 101 Brownsville, Texas 78520 (956) 548-2500
Leave of Court required for filing over-sized/irregular documents not readily imaged; electronic filing preferred.
Formatting
- •Electronic filing preferred when possible
Court's wording
Leave of Court is required for the filing of over-sized or irregularly shaped documents which are not capable of being readily imaged by court personnel and equipment. Such documents should be filed electronically when possible.
Leave of Court is required for the conventional filing of documents printed on both sides. Such documents should be filed electronically when possible.
Formatting
- •Electronic filing preferred when possible
Leave of Court is required for the conventional filing of documents greater than 50 pages in length. Such documents should be filed electronically when possible.
- More than 50 pages
Formatting
- •Electronic filing preferred when possible
Exhibits must be marked with party identity, case number, and exhibit number prior to Final Pretrial Conference.
Court's wording
Prior to the Final Pretrial Conference, the offering party will mark each exhibit to be offered with the party's identity, case number, and exhibit copy of that party's exhibits in a properly tabbed and indexed notebook.
Document Filing Requirements33 rules
Joint Pretrial Order must include a list of all exhibits expected to be offered.
Must include
- •Exhibit list
Court's wording
A. On a form similar to the one provided by the Clerk of Court, each party will attach four lists of all exhibits expected to be offered and will make the exhibits available for examination by opposing counsel. See sample at Appendix D-1. All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated.
Contested Propositions of Law. State briefly the unresolved questions of law, with authorities to support each.
Parties must mark their exhibits to include the date and case number on each.
- Document
- Exhibit
Must include
- •Case number
Statement of the Case. Give a brief statement of the case, one that the Court can read to the jury panel for an introduction of the facts and parties; include names, dates, and places.
Each party must file as a separate document (captioned, signed by counsel, and with service certified) these required attachments in duplicate.
- Document
- Attachment
Must include
- •Caption
At least 3 business days before the Initial Pretrial Conference, counsel must file a Joint Discovery and Case Management Plan, using the form Appendix C (sample Joint Discovery and Case Management Plan).
A movant unable to comply with L.R. 7.1(D) shall describe in the Certificate of Conference the efforts made to confer with the opposing party(ies).
Must include
- •Certificate of conference
References to evidence in support of or in opposition to a motion must be specific, citing page and line numbers for depositions, or page and paragraph number for any other type of exhibit.
of the Issue(s), which consists of a brief statement summarizing the issue(s) before the Court, with the standard of review and supporting authority for each issue.
Briefs or memoranda with over 10 pages of argument must include Table of Contents, Table of Authorities, Summary of Argument, and Relief Sought.
- Document
- Brief
Must include
- •Table of contents
- •Table of authorities
Court's wording
Any brief or memorandum with more than ten pages of argument must also contain the following: • Table of Contents • Table of Authorities • Summary of the Argument • Relief Sought: A short recitation of the precise relief requested
Prior to the Final Pretrial Conference, the offering party will mark each exhibit to be offered with the party's identity, case number, and exhibit number.
- Document
- Exhibit
Include
- •Case number
A party offering an exhibit that is not easily stored in a file folder (such as posters or tangible objects) must also provide a photograph or digital reproduction of the exhibit.
A party using videotaped depositions must edit the video to incorporate the Court’s rulings on objections.
Upon the settlement of any case, counsel shall file a Stipulation of Dismissal under Federal Rule of Civil Procedure 41, or a Joint Notice informing the Court of the settlement and an estimated time for the parties to submit appropriate dismissal documents.
At least three business days before the Initial Pretrial Conference, counsel must file a Joint Discovery and Case Management Plan, pursuant to Federal Rule of Civil Procedure 26(f).
Counsel must file a list of financially interested entities within 15 days of receiving this order and amend it promptly when changes occur.
Court's wording
Within 15 days of receiving this order, counsel must file a list of all entities that are financially interested in this litigation, including parent, subsidiary, and affiliated corporations, as well as all known attorneys of record. When a group description is effective disclosure, an individual listing is not necessary. Underline the names of corporations with publicly traded securities. Counsel must promptly amend the list when parties are added or additional interested parties are identified.
The plaintiff must serve the defendant within 90 days of filing the complaint. The plaintiff’s failure to file proof of service within that time may result in dismissal by the Court on its own initiative. See Fed. R. Civ. P. 4(m).
- Document
- Proof of service
Must include
- •Certificate of service
Joint Pretrial Order must include required sections for Appearance of Counsel, Statement of the Case, Jurisdiction, Motions, Contentions of Parties, Admissions of Fact, Contested Issues of Fact, Agreed Propositions of Law, Contested Propositions of Law, and Exhibits.
Court's wording
REQUIRED CONTENTS OF THE JOINT PRETRIAL ORDER 1. Appearance of Counsel. List each party, its counsel, and counsel’s address and telephone number in separate paragraphs. 2. Statement of the Case. Give a brief statement of the case that the Court can read to the jury panel for an introduction of the facts and parties; include names, dates, and places. 3. Jurisdiction. Briefly specify the basis for the Court’s jurisdiction of the subject matter and the parties. If an unresolved jurisdictional question exists, state it. 4. Motions. List pending motions. 5. Contentions of the Parties. State concisely in separate paragraphs each party’s claims. 6. Admissions of Fact. List all facts that require no proof. 7. Contested Issues of Fact. List all material facts in bona fide controversy. 8. Agreed Propositions of Law. List the legal propositions that are not in dispute. 9. Contested Propositions of Law. State briefly the unresolved questions of law, with authorities to support each. 10. Exhibits.
Trial. State estimated length of trial and logistical problems, including availability of witnesses, out-of-state people, bulky exhibits, and documentation.
Settlements. State that all settlement efforts have been exhausted and that the case will have to be tried.
For a Jury Trial: (1) Proposed questions for the voir dire examination (2) Proposed charge, including instructions, definitions, and special interrogatories, with authority
Witness lists must include names, addresses, and brief statement of testimony nature for each potential witness.
Court's wording
On a form similar to the one provided by the Clerk of the Court, each party will attach four lists with the names and addresses of witnesses who may be called with a brief statement of the nature of their testimony. See sample at Appendix D-2.
Each party must file as a separate document (captioned, signed by counsel, and with service certified) these required attachments in duplicate.
- Document
- Trial attachment
Must include
- •Caption
For a Non-Jury Trial: (1) Proposed findings of fact with agreed and contested ones separated (2) Conclusions of law with authority
Do not address substantive issues in letter form addressed to the Court because they may not be docketed or included in the appellate record.
Briefs must be filed together with or incorporated within a motion, response or reply.
Briefs/memoranda over 5 pages must include Statement of the Issues with standard of review and authority.
Court's wording
All briefs and memoranda exceeding five pages must contain an initial Statement of the Issues, which consists of a brief statement highlighting the issues before the Court, with the standard of review and supporting authority for each issue.
Briefs/memoranda with over 10 pages of argument must include TOC, TOA, Summary of Argument, and Relief Sought.
- Document
- Brief
Must include
- •Table of contents
- •Table of authorities
Court's wording
Any brief or memorandum with more than 10 pages of argument must also contain the following: Table of Contents Table of Authorities Summary of the Argument Relief Sought: a short recitation of the precise relief requested.
Defendant has 14 days to file Rule 11 motion or objections to Magistrate Report; hearing must be scheduled within 30 days of filing; untimely filing limits plea withdrawal to Rule 11(d)(2)(B).
Court's wording
Upon a defendant entering a plea of guilty or nolo contendere in front of a Magistrate Judge, the Court will adopt the Magistrate Judge’s Report and Recommendation and “accept” the defendant’s guilty plea, unless: (1) the defendant timely files within 14 days from the plea hearing a written motion pursuant to Federal Rules of Criminal Procedure 11(d)(1); or (2) the defendant timely files written objections within 14 days from the date of execution of the Magistrate Judge’s Report and Recommendation. It is the defendant’s responsibility to schedule a hearing within 30 days from the filing of either pleading. In the event a defendant does not timely exercise either of the above referenced options, the sole basis for withdrawal of a guilty or nolo contendere plea would be the demonstration of a fair and just reason pursuant to Federal Rules of Criminal Procedure 11(d)(2)(B).
References to evidence in support of or in opposition to a motion must be specific, citing page and line numbers for depositions, or page and paragraph number for any other type of exhibit.
PSI Report objections due 14 days after receipt; untimely filing waives objection right at sentencing.
Court's wording
Objections to the Presentence Investigation Report must be filed within 14 days after receipt of the Presentence Investigation Report. Failure to timely object may waive counsel’s right to formally object to the Presentence Investigation Report at the sentencing hearing.
At least 10 days before trial, counsel must file proposed voir dire questions and proposed jury instructions.
Counsel will provide supporting authority for each proposed jury instruction, using the Fifth Circuit Pattern Jury Instructions, as modified by case law or statutory amendments, when possible, and identifying any deviations with legal authority for the proposed deviations.
Filing & Service rules
Service and Proof of Service Rules
The plaintiff filing suit or party removing the suit must serve the opposing parties with the order setting the initial pretrial conference.
The Plaintiff(s) filing this suit, or the party removing this suit from state court, SHALL SERVE THE OPPOSING PARTY OR PARTIES with copies of this ORDER SETTING INITIAL PRETRIAL CONFERENCE.
Civil cases
Page 1 | Order Setting Initial Pretrial Conference
The plaintiff must serve the defendant within 90 days after filing the complaint.
The plaintiff must serve the defendant within 90 days of filing the complaint.
Civil cases
Page 1 | Order Setting Initial Pretrial Conference
The Court may dismiss the case on its own initiative if the plaintiff fails to file proof of service within that time.
The plaintiff’s failure to file proof of service within that time may result in dismissal by the Court on its own initiative.
Civil cases
Page 1 | Order Setting Initial Pretrial Conference
Courtesy Copy Requirements
Counsel must send a hard copy courtesy copy of emergency motions directly to the Case Manager in addition to electronic filing.
In addition to any filing or electronic filing of emergency motions, counsel shall send a courtesy hard copy of emergency motions directly to the Case Manager so that they quickly reach the Court’s attention.
Criminal cases
Page 2 | EMERGENCIES
Courtesy hard copy required for all filings 20+ pages, filed same day as electronic filing to District Clerk's Office.
The parties shall submit a courtesy hard copy to the District Clerk’s Office of all filings, including any attachments, that are 20 pages or longer. Stated differently, any single submission containing a motion, brief, and attachments that together contain a total of 20 pages or more must be filed both electronically and in courtesy hard copy directly to the District Clerk’s Office. Both the courtesy hard copy and the electronic filing must be filed on the same day.
Criminal cases
Page 3 | ELECTRONIC FILINGS
Courtesy copies of urgent documents may be sent to the Case Manager at the time of filing with the Clerk.
Courtesy copies of urgent documents may be sent to the Case Manager simultaneously with the originals being filed with the Clerk of the Court.
Civil cases
Page 2 | CONTACT WITH COURT PERSONNEL
Filing Bundling Requirements
Required attachments must be filed as separate documents, not bundled with the Joint Pretrial Order.
Each party must file as a separate document (captioned, signed by counsel, and with service certified) these required attachments in duplicate.
Civil cases
Page 2 | Attachments
Briefs are required to be filed together with or incorporated within a motion, response, or reply.
Briefs must be filed together with or incorporated within a motion, response, or reply.
Civil cases
Page 3 | MOTION PRACTICE AND BRIEFS
Counsel for each party is required to provide the Court with a copy of that party's exhibits in a properly tabbed and indexed notebook.
Counsel for each party is required to provide the Court with a copy of that party's exhibits in a properly tabbed and indexed notebook.
Civil cases
Page 5 | J. Trial Exhibits
Prior to Final Pretrial Conference, offering party must provide copy of exhibits in properly tabbed and indexed notebook.
Prior to the Final Pretrial Conference, the offering party will mark each exhibit to be offered with the party's identity, case number, and exhibit copy of that party's exhibits in a properly tabbed and indexed notebook.
Criminal cases
Page 6 | G. Trial Exhibits
Pre-Motion Conference Requirements
Ex parte restraining order applications are only permitted if they meet Federal Rule of Civil Procedure 65(b) requirements.
The Court will not entertain ex parte applications for restraining orders unless the requirements of Fed. R. Civ. P. 65(b) have been satisfied.
Civil cases
Page 2 | EMERGENCIES
In settled minor plaintiff cases with no conflict, counsel must jointly move to appoint attorney ad litem for the settlement hearing.
If no conflict of interest exists between the parent(s)/guardian(s) and the minor, and the suit is settled, counsel will jointly move to appoint an attorney ad litem to represent the minor at the settlement hearing.
Civil cases
Page 6 | B. Settlement in Cases involving Minor Plaintiffs
In minor plaintiff cases with potential conflict of interest, counsel must jointly move to appoint attorney ad litem prior to mediation or ADR.
If a potential conflict of interest exists between the parent(s)/guardian(s) and the minor, counsel will jointly move to appoint an attorney ad litem prior to any mediation or other Alternative Dispute Resolution procedure.
Civil cases
Page 6 | B. Settlement in Cases involving Minor Plaintiffs
Emergency applications are presented to the Court only after counsel confirms the opposing party is contacted and both parties are available for a conference.
Applications shall be presented to the Court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the Court.
Criminal cases
Page 2 | EMERGENCIES
Responses to opposed motions due 21 days after filing; replies due 10 days after response; no response deemed consent.
Unless the Court orders differently, counsel must respond to an opposed motion within twenty-one days from the date the motion is filed with the District Clerk’s Office. Failure to file a timely response shall be taken as an indication that the opposing party agrees to the motion and the relief requested. If the movant files a reply, it must be filed within ten days after the filing of the response.
Criminal cases
Page 3 | MOTION PRACTICE AND BRIEFS
Motions to Dismiss, Sever, and Separate Trial must be specific and filed 30+ days before jury selection.
All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and must be filed at least 30 days before jury selection.
Criminal cases
Page 3 | MOTION PRACTICE AND BRIEFS
All pending motions are considered at the Final Pretrial Conference.
All pending motions will be considered at the Final Pretrial Conference.
Criminal cases
Page 3 | MOTION PRACTICE AND BRIEFS
Adjournment & Extension Requirements
Continuances of trial dates are only granted for extraordinary circumstances; joint motions are not binding, and witness unavailability is not grounds.
Once the Court sets a date for trial, the Court will grant a continuance only for extraordinary circumstances. Joint motions for continuances are not binding on the Court. Trial will not be continued because of one or more witnesses’ unavailability.
Civil cases
Page 2 | EXTENSIONS OF TIME AND CONTINUANCES OF TRIAL SETTINGS
Counsel may agree to extend discovery deadlines without court intervention; court will not grant discovery continuances for post-deadline discovered information absent exceptional circumstances.
Counsel may agree to continue discovery beyond the deadline, but the Court will not intervene. Absent exceptional circumstances, the Court will not grant a continuance because of information acquired in post-deadline discovery.
Civil cases
Page 9 | Preliminary Scheduling Order
Joint motions for continuances are not binding on the Court. Trial will not be continued because of the unavailability of one or more witnesses. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.
Joint motions for continuances are not binding on the Court. Trial will not be continued because of the unavailability of one or more witnesses. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.
Criminal cases
Page 3 | CONTINUANCES
Continuance motions must include applicable Speedy Trial Act exceptions and requested continuance length.
A Motion for Continuance must set out the relevant exception(s) to the Speedy Trial Act, where applicable, and set out the length of time for which the continuance is requested.
Criminal cases
Page 3 | CONTINUANCES
Unopposed or joint motions for continuance should be presented to the Case Manager prior to the scheduled sentencing hearing.
Unopposed or joint motions for continuance should be presented to the Case Manager prior to the scheduled sentencing hearing.
Criminal cases
Page 4 | COURT SETTINGS
Extension requests for scheduling order deadlines should be made before the deadline expires; late requests are disfavored.
A party should present a request for an extension of a deadline in the Scheduling Order before the expiration of the deadline. The Court will look with disfavor upon a request for an extension after the deadline has passed.
Civil cases
Page 2 | EXTENSIONS OF TIME AND CONTINUANCES OF TRIAL SETTINGS
Chambers Communication Rules
Applications for restraining orders or other immediate relief must be submitted through the District Clerk’s Office.
Applications for restraining orders or other immediate relief must be made through the District Clerk’s office: United States District Clerk’s Office 600 E. Harrison Street, Suite 101 Brownsville, Texas 78520-7114 (956) 548-2500
Civil cases
Page 2 | EMERGENCIES
Counsel must contact the Case Manager upon filing a restraining order or emergency relief application.
Upon filing an application for a restraining order or other emergency relief, counsel shall contact the Case Manager.
Civil cases
Page 2 | EMERGENCIES
All case-related correspondence must be addressed to and e-filed with the District Clerk’s Office.
A party’s case-related correspondence must be addressed to and e-filed with: United States District Clerk’s Office 600 East Harrison Street, Suite 101 Brownsville, Texas 78520-7114
Civil cases
Page 2 | CONTACT WITH COURT PERSONNEL
Counsel must contact the Case Manager at (956) 548-2756 for matters requiring immediate attention.
Counsel shall contact the Case Manager at (956) 548-2756 for matters requiring immediate attention.
Criminal cases
Page 2 | EMERGENCIES
Case-related correspondence must be e-filed with the United States District Clerk at the specified address.
Case-related correspondence must be addressed to and e-filed with: United States District Clerk 600 East Harrison Street, Suite 101 Brownsville, Texas 78520-7114
Criminal cases
Page 2 | CONTACT WITH COURT PERSONNEL
Case-related inquiries must be sent via email only to the Case Manager, with copies to all opposing counsel and pro se parties.
Case-related inquiries should be made by email only to the Case Manager, with a copy to all opposing counsel and pro se parties.
Criminal cases
Page 2 | CONTACT WITH COURT PERSONNEL
Information about the filing of documents, entry of orders, or docket entries should be obtained from the CM/ECF or Pacer Systems.
Information about the filing of documents, entry of orders, or docket entries should be obtained from the CM/ECF or Pacer Systems.
Criminal cases
Page 2 | CONTACT WITH COURT PERSONNEL
Telephone inquiries to court personnel are only permitted for emergencies.
Telephone inquiries are permitted only in an emergency.
Criminal cases
Page 2 | CONTACT WITH COURT PERSONNEL
Telephone inquiries to the Case Manager are only permitted for emergencies.
Telephone inquiries are permitted only in an emergency.
Civil cases
Page 2 | CONTACT WITH COURT PERSONNEL
Parties should retrieve filing, order, and docket information from CM/ECF, Pacer, or the District Clerk’s Office.
Parties should obtain information about the filing of documents, entry of orders, or docket entries from the Case Management/Electronic Case Files (CM/ECF) or Pacer systems, or from the District Clerk’s Office.
Civil cases
Page 2 | CONTACT WITH COURT PERSONNEL
Parties may email case-related inquiries to the Case Manager, must copy all opposing counsel and pro se parties.
Parties may make case-related inquiries by email to the Case Manager, with a copy to all opposing counsel and pro se parties.
Civil cases
Page 2 | CONTACT WITH COURT PERSONNEL
At the Court’s direction, law clerks may occasionally contact counsel; however, they will not discuss matters other than the subject of the communication.
At the Court’s direction, law clerks may occasionally contact counsel; however, they will not discuss matters other than the subject of the communication.
Civil cases
Page 2 | CONTACT WITH COURT PERSONNEL