Judge John D. Rainey
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion, Response
Urgent Document
- After Originals Filed
Communication
Phone
Clerk
Phone
Chambers
Document Format Requirements1 rule
E. Counsel for each party is required to provide the Court with a properly tabbed and indexed notebook which contains a copy of each exhibit.
- Exhibit notebook
Formatting
- •Properly tabbed and indexed
Document Filing Requirements9 rules
If the document was filed electronically, attach a copy of the Notice of Electronic Filing indicating the document number and date of filing.
- Document
- Courtesy copy
Include
- •Notice of electronic filing
Joint Pretrial Orders must be signed by all counsel.
Exhibit and witness lists are to be attached to the Pretrial Order.
Jury Trials: - Proposed questions for voir dire examination - Proposed jury instructions, including definitions, with a citation of authority. Omit the customary, prefatory instructions as the Court will use its own. - Proposed interrogatories. - Memorandum of Law.
Non-Jury Trials: - Proposed Findings of Fact and Conclusions of Law. - Memorandum of Law.
E. Counsel for each party is required to provide the Court with a properly tabbed and indexed notebook which contains a copy of each exhibit.
B. Exhibit lists are to be included in the Joint Pretrial Order.
- Document
- Joint pretrial order
Include
- •Exhibit list
C. Counsel will designate the portion of a deposition to be read by citing pages and lines in the Joint Pretrial Order.
D. Counsel are to ensure that all exhibits referred to in their briefs are in the record.
Filing & Service rules
Filing Timing and Cure Windows
Written objections with supporting authority must be filed at least three business days before trial to prevent admission of an exhibit listed in the Joint Pretrial Order.
C. Exhibits will be offered and admitted into evidence as the first item of business at the trial. The Court will admit all exhibits listed in the Joint Pretrial Order unless opposing counsel has filed written objections with supporting authority at least three (3) business days before trial.
Civil cases
Page 5 | 9. EXHIBITS
Counsel must submit closing papers within 30 days as directed by the order entered after settlement.
An order will be entered advising counsel to submit closing papers within 30 days.
Civil cases
Page 7 | 14. SETTLEMENTS AND ORDERS OF DISMISSAL
Objections to deposition portions, with page and line citations and supporting authority, must be filed three business days before trial.
Objections to those portions (citing pages and lines) with supporting authority must be filed three (3) business days before trial.
Civil cases
Page 7 | 13. DEPOSITIONS
Service and Proof of Service Rules
Exhibits must be marked and exchanged among counsel before trial.
A. All exhibits must be marked and exchanged among counsel before trial.
Civil cases
Page 5 | 9. EXHIBITS
Courtesy Copy Requirements
A courtesy copy of every opposed motion and its response must be forwarded to chambers.
C. A courtesy copy of all opposed motions and responses thereto shall be forwarded to chambers.
Civil cases
Page 3 | 5. MOTION PRACTICE
Courtesy copies of urgent documents may be sent to Chambers after the originals are filed with the Clerk.
G. Courtesy copies of urgent documents may be sent to Chambers after originals are filed with the Clerk of Court.
Civil cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
Adjournment & Extension Requirements
Witness unavailability is not grounds to continue trial; counsel should plan to present the testimony by deposition or stipulation.
B. A trial will not be continued because of the unavailability of a witness. Counsel are to anticipate such a possibility and present testimony by deposition or stipulation.
Civil cases
Page 2 | 3. CONTINUANCES
A joint motion for continuance does not bind the Court, which decides whether to grant it.
A. Joint Motions for Continuance are not binding and will be granted only at the Court's discretion.
Civil cases
Page 2 | 3. CONTINUANCES
Counsel may extend a motion submission date by agreement unless doing so violates a court-imposed deadline, and must notify the Case Manager in writing.
B. The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Notify the Case Manager, in writing, of an agreement.
Civil cases
Page 3 | 5. MOTION PRACTICE
An extension of the 30-day period for submitting closing papers may be granted upon written request.
An extension of the 30-day period may be granted upon written request.
Civil cases
Page 7 | 14. SETTLEMENTS AND ORDERS OF DISMISSAL
Chambers Communication Rules
Applications for restraining orders or other immediate relief must be made through the Clerk's Office.
A. Applications for restraining orders or other immediate relief must be made through the office of the Clerk.
Civil cases
Page 2 | 2. EMERGENCIES
Upon settlement of a case set for conference, hearing, or trial, counsel must immediately notify the Case Manager.
Upon the settlement of any case set for conference, hearing or trial, counsel will immediately notify the Case Manager.
Civil cases
Page 7 | 14. SETTLEMENTS AND ORDERS OF DISMISSAL
Law clerks may contact counsel at the Court's direction and may discuss only the subject of the call.
D. 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
Telephone inquiries about a case should go only to the Case Manager; inquiries about motions or case status should be made by letter unless there is a real emergency.
A. Case related telephone inquiries should be made only to the Case Manager in the Office of the Clerk of Court. B. The caseload will not allow the Case Manager to respond to telephone inquiries regarding motions and case status. Inquiries to the Case Manager should be made by letter unless a real emergency exists.
Civil cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
Counsel should contact the Case Manager at the U.S. District Clerk's Office about emergency matters.
B. Counsel should contact the Case Manager on emergency matters at the U.S. District Clerk's Office, 312 S. Main St., Room 406, Victoria, TX 77901.
Civil cases
Page 2 | 2. EMERGENCIES
Call the U.S. District Clerk's Office for information about document filings and entry of orders.
C. Information regarding the filing of documents and entry of orders can be obtained by calling the U.S. District Clerk's Office in Victoria, Texas as 361-788-5000.
Civil cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL