Judge Keith P. Ellison
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
- 2 copies
- 3 copies
Deposition
- 1 copy • Before Trial
Emergency Motions
- 1 copy • Upon Filing
- Chambers Drop Off • Upon Filing
Filings > 50 pages
- Chambers Drop Off • Upon Filing
- Upon Filing
Binding: Tabbed Three Ring
Adjournments
- Parties requesting Real Time Transcription must notify the Court at least three weeks prior to trial.
- Discovery extension motions must be filed early enough for opposing counsel to respond before the discovery deadline.
- 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.
- Bona fide vacation requests will be respected.
- +5 more
Request must include
Communication
Clerk2 contacts
Page & Word Limits4 rules
Absent leave of Court for extended briefing, any brief or memorandum shall be limited to 25 pages.
- Brief
- Up to 25 pages
- Memorandum
Exception
More pages with leave of court
(B) The Reply must be ten (10) pages or fewer.
- Page limit
- Up to 10 pages
Absent leave of Court for extended briefing, any brief or memorandum shall be limited to 25 pages.
- Brief
- Up to 25 pages
Exception
More pages with leave of court
(B) The Reply must be ten (10) pages or fewer.
- Page limit
- Up to 10 pages
Document Format Requirements11 rules
Each appendix should contain a paginated table of contents and should be tabbed to locate easily the materials contained in the appendix.
- Appendix
Formatting
- •Tabbed
(i) One set of proposed jury instructions that have been agreed to by counsel should be submitted to the Court electronically (via email in a Word format) and in hard copy at least one business day before the first day of trial. These instructions should be in the most final form possible.
- File type
- Word
- Jury instructions
Formatting
- •Submit via email and hard copy
- •Most final form possible
Contested jury instructions must be submitted via separate disk/email (Word format) and hard copy, with changes in brackets and bold italic.
- File type
- Word
- Jury instructions
Formatting
- •Additions/deletions/revisions indicated in brackets and bold italic typeface
Court's wording
If counsel cannot agree on a particular instruction, the proponent of the contested instruction should submit, on a separate disk or email in a Word format and in hard copy, an additional set of proposed jury instructions with the requested addition, deletion, or revision clearly indicated in brackets and bold italic typeface.
contingent upon events that may occur during the trial (for example, an instruction to disregard testimony that has been ordered stricken from the record), the instruction should be clearly indicated in brackets and bold typeface.
- Jury instructions
Formatting
- •Contingent instructions must be indicated in brackets and bold typeface
- •Failure to follow jury instruction procedures waives objections to instructions
If the inclusion of any particular instruction is contingent upon events that may occur during the trial (for example, an instruction to disregard testimony that has been ordered stricken from the record), the instruction should be clearly indicated in brackets and bold typeface.
- Jury instructions
Formatting
- •Contingent instructions must be enclosed in brackets and formatted in bold typeface
the proponent of the contested instruction should submit, on a separate disk or email in a Word format and in hard copy, an additional set of proposed jury instructions with the requested addition, deletion, or revision clearly indicated in brackets and bold italic typeface.
- File type
- Word
- Proposed jury instructions
Formatting
- •Submit hard copy
If special master/expert appointed, nonmoving party must provide Responsive Brief on disk/CD plus hard copy tabbed/bound in notebook to them.
Formatting
- •Provide on disk or CD
Court's wording
If a special master or court- appointed expert has been appointed, the nonmoving party must supply a copy of its Response on disk or CD along with a hard copy, tabbed and bound in notebook format with exhibits, to the special master or court-appointed expert.
If special master/expert appointed, moving party must provide Opening Brief on disk/CD plus hard copy tabbed/bound in notebook to them.
Formatting
- •Provide on disk or CD
Court's wording
If a special master or court-appointed expert has been appointed, the moving party must provide the Opening Brief on disk or CD along with a hard copy, tabbed and bound in notebook format with exhibits, to the special master or court- appointed expert.
If special master/expert appointed, moving party must provide Reply Brief on disk/CD plus hard copy tabbed/bound in notebook to them.
Formatting
- •Provide on disk or CD
Court's wording
If a special master or court-appointed expert has been appointed, the moving party must provide the Reply Brief on disk or CD along with a hard copy, tabbed and bound in notebook format with exhibits, to the special master or court-appointed expert.
Parties to submit Claim Construction Chart in WordPerfect 8.0 (or higher) format in compliance with P.R. 4-5(d).
- File type
- WordPerfect
- Claim construction chart
Formatting
- •WordPerfect 8.0 or higher version
Depositions read into evidence must be edited to exclude irrelevant/repetitious testimony; only relevant portions allowed.
Court's wording
All depositions to be read into evidence as part of the parties’ case-in-chief must be EDITED (with notice to opposing parties) to exclude all unnecessary, repetitious, and irrelevant testimony. ONLY those portions relevant to the issues in controversy may be read into evidence.
Document Filing Requirements65 rules
Plaintiffs and removing parties must serve attached materials including the Order for Conference with summons/complaint or removal papers; proof of service must be filed with the Clerk.
Court's wording
THE ATTACHED MUST BE SERVED WITH THE SUMMONS AND COMPLAINT OR REMOVAL PAPERS Plaintiff must serve these materials, and the Order for Conference And Disclosure Of Interested Parties on all defendants with the summons and complaint. A party removing a case to this Court has the same obligation as a plaintiff filing an original complaint. Proof reflecting service of these materials must be filed with the Clerk.
Certificates of conference stating inability to reach agreement must specify opposing counsel's name, contact attempt details, and nature of disagreement.
Court's wording
A certificate stating that the moving party has been unable to reach agreement with another party will be sufficient only if it specifies: a. The name of the opposing counsel with whom movant’s counsel has conferred or attempted to confer; b. If counsel have not been able to confer, the date and time of all attempts to contact opposing counsel; and c. If counsel have conferred but have been unable to reach agreement, the precise nature of the disagreement.
Every non-dispositive motion must contain a certificate of conference and a proposed order granting the relief sought. Failure to comply may result in the party’s pleadings being denied or stricken.
- Document
- Non-dispositive motion
Must include
- •Proposed order
- •Certificate of conference
All pretrial motions must contain a certificate of conference.
- Document
- Pretrial motion
Must include
- •Certificate of conference
Each motion, except motions pursuant to Fed. R. Civ. P. 56, must be accompanied by a separate proposed order granting or denying the relief requested.
- Document
- Motion
Must include
- •Proposed order
All briefs and memoranda must include a statement of the proceeding's nature and stage, and a statement of issues to be ruled upon, among other required items.
Court's wording
All briefs and memoranda must contain items (3), (4), (6), and (7). (3) A short statement of the nature and stage of the proceeding. (4) A statement of the issues to be ruled upon by the Court and, with respect to each issue, a short statement, supported by authority, of the
Briefs or memoranda with more than 10 pages of argument must include a table of contents and table of authorities.
Must include
- •Table of contents
Court's wording
Any brief or memorandum containing more than 10 pages of argument must contain the following items. (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. (2) A table of citations of cases, statutes, rules, textbooks, and other authorities, alphabetically arranged.
B. Copies of any affidavits, deposition testimony, or other discovery referred to should also be contained in the appendix. Each appendix should contain a paginated table of contents and should be tabbed to locate easily the materials contained in the appendix.
- Document
- Appendix
Should include
- •Table of contents
(6) An argument divided into sections with appropriate headings succinctly setting forth separate points.
(5) A short summary of the argument.
(7) A short conclusion stating the precise relief sought.
A. Joint Pretrial Order Counsel for the plaintiff is responsible for ensuring that the Joint Pretrial Order is filed on time one week prior to trial. The Joint Pretrial Order should include parties’ witness lists, exhibits lists, proposed JOINT jury instructions and objections to any. All counsel must sign the Joint Pretrial Order.
B. Other Required Documents With the filing of the Joint Pretrial Order, each party also must file as separate documents (captioned, signed by counsel, and including a certificate of service):
- Document
- Pretrial document
Must include
- •Caption
- •Certificate of service
For All Trials Memorandum of law
For Non-Jury Trials a. Proposed Findings of Fact. b. Proposed Conclusions of Law.
Exhibits in final pretrial order are admitted unless written objections with authority are filed 3 business days before trial.
Court's wording
The Court will admit all exhibits listed in the final pretrial order into evidence unless opposing counsel files written objections supported by authority at least three (3) business days before trial. See Local Rule 46 and CrLR55.2B.
Authentication requests for exhibits must be in writing within 5 business days of exhibit listing; failure to notify admits authenticity.
Court's wording
Any counsel requiring authentication of an exhibit must notify offering counsel in writing within five (5) business days after the exhibit is listed and made available to opposing counsel. Failure to do so is an admission of authenticity. See Local Rule 44.1 and CrLR55.2A.
All exhibits must be marked and exchanged among counsel prior to trial. The offering party must mark his or her own exhibits with the party's name, case number, and exhibit number.
3. If new parties are added or if additional persons who are financially interested in the outcome of the litigation are identified at any time during the pendency of the litigation, each counsel shall promptly file an amended certificate.
Counsel for non-governmental parties must file a certificate listing all financially interested entities within 30 days of first entry of appearance, using general descriptions for large groups and underlining publicly traded corporations.
Court's wording
1. Each counsel for non-governmental parties shall file, within thirty days after each counsel’s first entry of appearance, a certificate listing all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent corporations, or other legal entities that are financially interested in the outcome of the litigation. If a large group can be specified by a general description, individual listing is not necessary. Underline the name of each corporation whose securities are publicly traded.
Interested persons certificates must list all financially interested persons on all sides of the case, with counsel responsible for ascertaining and certifying the facts.
Court's wording
2. Each such certificate of counsel shall list all persons known to counsel to be so interested, in all sides of the case, whether represented by counsel furnishing the certificate or not. The burden is on counsel to ascertain and certify the true facts to the Court.
A Form of Certificate for Use in removed cases is attached.
Do not address substantive issues in letter form, because letters are not docketed or included in the appellate record.
Every non-dispositive motion must contain a certificate of conference and a proposed order granting the relief sought. Failure to comply may result in the party’s pleadings being denied or stricken.
- Document
- Non-dispositive motion
Must include
- •Proposed order
- •Certificate of conference
Each motion, except motions pursuant to Fed. R. Civ. P. 56, must be accompanied by a separate proposed order granting or denying the relief requested.
- Document
- Motion
Must include
- •Proposed order
Parties are expected to make a good faith effort to confer about the disposition of all pretrial motions. All pretrial motions must contain a certificate of conference.
- Document
- Pretrial motion
Must include
- •Certificate of conference
Certificates of conference claiming inability to reach agreement must specify opposing counsel name, contact attempt details, or nature of disagreement.
Court's wording
A certificate stating that the moving party has been unable to reach agreement with another party will be sufficient only if it specifies: a. The name of the opposing counsel with whom movant’s counsel has conferred or attempted to confer; b. If counsel have not been able to confer, the date and time of all attempts to contact opposing counsel; and c. If counsel have conferred but have been unable to reach agreement, the precise nature of the disagreement.
All briefs and memoranda must include a statement of the proceeding's nature and stage, statement of issues, and other specified items.
Court's wording
All briefs and memoranda must contain items (3), (4), (6), and (7). (3) A short statement of the nature and stage of the proceeding. (4) A statement of the issues to be ruled upon by the Court and, with respect to each issue, a short statement, supported by authority, of the
Briefs and memoranda with more than 10 pages of argument must include a table of contents and table of authorities.
Must include
- •Table of contents
Court's wording
Any brief or memorandum containing more than 10 pages of argument must contain the following items. (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. (2) A table of citations of cases, statutes, rules, textbooks, and other authorities, alphabetically arranged.
(6) An argument divided into sections with appropriate headings succinctly setting forth separate points.
(5) A short summary of the argument.
(7) A short conclusion stating the precise relief sought.
Any brief, memorandum, or motion that cites authorities not found in the United States Code, United States Supreme Court Reporter, Federal Reporter, Federal Rules Decisions, Federal Supplement, Southwestern Reporter Second, or Vernon's Revised Statutes and Codes Annotated should have appended to it copies of the relevant parts of such authorities other than cases, and complete copies of cases. Copies of any affidavits, deposition testimony, or other discovery referred to should also be contained in the appendix.
Each appendix should contain a paginated table of contents and should be tabbed to locate easily the materials contained in the appendix.
- Document
- Appendix
Should include
- •Table of contents
Plaintiff's counsel must file a Joint Pretrial Order one week before trial, including witness lists, exhibits lists, joint jury instructions, and objections, signed by all counsel.
Court's wording
Counsel for the plaintiff is responsible for ensuring that the Joint Pretrial Order is filed on time one week prior to trial. The Joint Pretrial Order should include parties’ witness lists, exhibits lists, proposed JOINT jury instructions and objections to any. All counsel must sign the Joint Pretrial Order.
With the filing of the Joint Pretrial Order, each party also must file as separate documents (captioned, signed by counsel, and including a certificate of service):
Must include
- •Caption
- •Certificate of service
All exhibits must be marked and exchanged among counsel prior to trial. The offering party must mark his or her own exhibits with the party's name, case number, and exhibit number.
- Document
- Exhibit
Must include
- •Case number
Counsel must jointly move for appointment of a guardian ad litem upon settling a minor plaintiff's case if parent-minor conflict exists; proposed ad litem names are optional.
Court's wording
Upon settlement of a suit involving a minor plaintiff, counsel must jointly move for appointment of a guardian ad litem if there is potential conflict of interest between the parent(s) and the minor. The parties may (but are not required to) submit the names of proposed ad litems upon whom they agree. The Court will consider any names submitted, but may appoint as guardian ad litem a person whose name has not been submitted by counsel.
2. Each such certificate of counsel shall list all persons known to counsel to be so interested, in all sides of the case, whether represented by counsel furnishing the certificate or not. The burden is on counsel to ascertain and certify the true facts to the Court.
3. If new parties are added or if additional persons who are financially interested in the outcome of the litigation are identified at any time during the pendency of the litigation, each counsel shall promptly file an amended certificate.
Non-governmental party counsel must file a certificate listing all financially interested persons/entities within 30 days of first entry of appearance, underlining publicly traded corporations.
Court's wording
1. Each counsel for non-governmental parties shall file, within thirty days after each counsel’s first entry of appearance, a certificate listing all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent corporations, or other legal entities that are financially interested in the outcome of the litigation. If a large group can be specified by a general description, individual listing is not necessary. Underline the name of each corporation whose securities are publicly traded.
As a standard practice in this court, we ask that parties try to agree to dates and deadlines and submit them in the form of a proposed scheduling order. If the parties are able to reach an agreement, the Court will dispense with the conference. I am attaching the standard form scheduling order, which can also be downloaded from the court's website: www.txs.uscourts.gov.
EXPERT WITNESSES for the DEFENDANT will be identified by a report listing the qualifications of each expert, each opinion that the expert will present, and the basis for it. DUE DATE:
EXPERT WITNESSES for the PLAINTIFF will be identified by a report listing the qualifications of each expert, each opinion that the expert will present, and the basis for it. DUE DATE:
Comply with P.R. 4-2: Parties’ exchange of preliminary claim constructions and extrinsic evidence.
Privilege Logs to be exchanged by parties (or a letter to the Court stating that there are no disputes as to claims of privileged documents).
Comply with P.R. 4-1: Parties’ exchange of proposed terms and claim elements needing construction.
Comply with P.R. 3-3 and 3-4: Parties to serve preliminary invalidity contentions and make document production.
Comply with P.R. 4-5(b): Responsive Brief and supporting evidence due to party claiming patent infringement.
Comply with P.R. 4-5(a): the party claiming patent infringement must serve and file a Claim Construction Opening Brief with its supporting evidence.
Parties to submit Claim Construction Chart in WordPerfect 8.0 (or higher) format in compliance with P.R. 4-5(d).
a Reply Brief and supporting evidence on claim construction.
Joint Pretrial Order must include all Local Rule and Court Procedure components, including witness/exhibit lists, trial-specific documents, and expected trial length.
- Document
- Joint pretrial order
Must include
- •Exhibit list
Court's wording
Joint Pretrial Order due including all components required by Local Rules and this Court’s Procedures (such as witness lists, exhibit lists and copies of exhibits (see # 29 below), and (a) in bench trials, proposed findings of fact and conclusions of law with citation to authority and (b) for jury trials, joint proposed jury instructions with citation to authority, and proposed verdict form). Statement of Expected Length of Trial: _____ days (~6 hours with jury per day).
The parties are directed to confer and advise the Court about (a) which limine requests the parties agree to. 6/17/06
4. Any motion should include a statement as to whether the defendant waives presence at any hearing to be held.
Filing & Service rules
Electronic Filing Rules
Any motion to reopen must be filed in the Court's electronic filing system.
3. Any motion to reopen must be filed in the Court's electronic filing system.
Criminal cases
Page 2 | Standing Order in Criminal Proceedings Before Judge Keith P. Ellison During Pendency of National Emergency
Parties are expected to file documents through the CM/ECF electronic filing system per Local Rule 5.1 and Administrative Procedures for CM/ECF.
The Court expects that parties will file documents through the District Court’s Case Management/Electronic Case Filing (“CM/ECF”) System. See Southern District Local Rule 5.1 (as amended in September 2004) and Administrative Procedures for CM/ECF.
Page 3 | Contact with Court Personnel
Criminal jury instruction submissions must be made via hard copy and disk or email.
All submissions shall be by both hard copy and on a disk or via email.
Page 8 | Required Pretrial Materials
Filing Timing and Cure Windows
Motions for extension of discovery must be filed early enough to allow opposing counsel to respond before the discovery deadline.
Motions for extension of discovery must be filed sufficiently in advance of the discovery deadline that opposing counsel may respond prior to the deadline.
Page 5 | Local Civil Rule 7.1 and Local Criminal Rule 12.2
(A) The Reply should be filed within seven (7) days of the date the Response was filed.
(A) The Reply should be filed within seven (7) days of the date the Response was filed.
Page 7 | Replies to Responses
Joint Pretrial Orders must be filed one week prior to trial.
Counsel for the plaintiff is responsible for ensuring that the Joint Pretrial Order is filed on time one week prior to trial.
Page 8 | Initial Pretrial Conferences and Scheduling Orders
One set of proposed jury instructions that have been agreed to by counsel should be submitted to the Court electronically (via email in a Word format) and in hard copy at least one business day before the first day of trial.
One set of proposed jury instructions that have been agreed to by counsel should be submitted to the Court electronically (via email in a Word format) and in hard copy at least one business day before the first day of trial.
Page 8 | Required Pretrial Materials
Written objections to exhibits in final pretrial order must be filed 3 business days before trial to prevent automatic admission.
The Court will admit all exhibits listed in the final pretrial order into evidence unless opposing counsel files written objections supported by authority at least three (3) business days before trial. See Local Rule 46 and CrLR55.2B.
Page 10 | EXHIBITS
Objections to designated deposition portions must be filed at least 3 business days before trial.
Objections to those portions (citing pages and lines) with supporting authority must be filed at least three (3) business days before trial.
Page 12 | Depositions
Submitting a completed scheduling order one week before the scheduled initial conference cancels the conference.
If you return the completed scheduling order one week prior to your scheduled hearing, the conference will be cancelled.
Page 20 | NOTICE REGARDING INITIAL CONFERENCE
All discovery must be completed by the date specified in paragraph 4 of the scheduling order.
DISCOVERY must be completed by:
Page 21 | Scheduling/Docket Control Order
Dispositive and non-dispositive motions (except motions in limine) must be filed 90 days prior to the trial date.
DISPOSITIVE AND NON-DISPOSITIVE MOTIONS (except motions in limine) will be filed by: (Due 90 Days Prior to Trial Date)
Page 21 | Scheduling/Docket Control Order
Written discovery requests are untimely if filed too close to the discovery completion deadline to allow a timely response under the FRCP.
Written discovery requests are not timely if they are filed so close to this deadline that the recipient would not be required under the Federal Rules of Civil Procedure to respond until after the deadline.
Page 21 | Scheduling/Docket Control Order
Joint pretrial orders must be filed on Monday one week prior to the trial date.
JOINT PRETRIAL ORDER and MOTIONS IN LIMINE (The Court will fill in this date) (Due Monday one week before trial)
Page 21 | Scheduling/Docket Control Order
NEW PARTIES shall be joined by:
NEW PARTIES shall be joined by:
Page 21 | Scheduling/Docket Control Order
Leave of court is required to add or amend invalidity contentions after the service deadline.
Thereafter, it is necessary to obtain leave of Court to add and/or amend invalidity contentions, pursuant to P.R.. 3-7.
Page 22 | Patent Scheduling Order
Leave of court is required to add or amend infringement contentions after the initial disclosure deadline.
After this date, it is necessary to obtain leave of court to add and/or amend infringement contentions, pursuant to Patent Rule (P.R.) 3-7.
Page 22 | Patent Scheduling Order
Leave of court is required to add new patents or claims after the initial infringement contention disclosure deadline.
Thereafter, it is necessary to obtain leave of court to add patents or claims.
Page 22 | Patent Scheduling Order
Leave of court is required to join additional parties after the initial infringement contention disclosure deadline.
Thereafter, it is necessary to obtain leave of court to join additional parties.
Page 22 | Patent Scheduling Order
Leave of court is required to add inequitable conduct allegations to pleadings after the invalidity contentions deadline.
Add any inequitable conduct allegations to pleadings. Before this date, it is not necessary to file a motion for leave to add inequitable conduct allegations to pleadings. Thereafter, it is necessary to obtain leave of court to add inequitable conduct allegations to pleadings.
Page 22 | Patent Scheduling Order
Written notice of request for daily transcript or real time reporting due 6/3/06 (same day as Joint Pretrial Order).
Written notice due for request for daily transcript or real time reporting of trial proceedings.
Page 25 | Scheduling Order #26
Video and Deposition Designations due 6/3/06; must identify line and page numbers of video depositions offered.
Video and Deposition Designations due. 6/3/06 Each party who proposes to offer a deposition by video must file a disclosure identifying the line and page numbers to be offered.
Page 25 | Scheduling Order #27
Objections to opposing parties’ witnesses, exhibits, deposition testimony due 6/10/06 (1 week after Joint Pretrial Order).
Objections to opponents’ proposed witnesses, proposed exhibits, designated deposition testimony, and any other matters due. 6/10/06
Page 25 | Scheduling Order #29
Motions in Limine due 6/3/06 (same day as Joint Pretrial Order).
Motions in Limine due. 6/3/06
Page 25 | Scheduling Order #28
Responses requesting cross designation due 1 week (7 calendar days) after Video/Deposition Designations are filed.
All other parties will have 1 week to file a response requesting cross designation line and page numbers to be included.
Page 25 | Scheduling Order #27
Service and Proof of Service Rules
Copies of any motion to reopen must be served on Probation, the Court's case manager, and all other parties to the case.
5. Copies of any such motion to reopen must be served on Probation, the Court's case manager, and any other parties to the case.
Criminal cases
Page 2 | Standing Order in Criminal Proceedings Before Judge Keith P. Ellison During Pendency of National Emergency
If a detention hearing will be reopened, the government must notify any alleged victim and provide an opportunity to be heard.
2. If a hearing is to be reopened, the government must provide notice to any alleged victim and an opportunity to be heard.
Criminal cases
Page 2 | Standing Order in Criminal Proceedings Before Judge Keith P. Ellison During Pendency of National Emergency
Plaintiff must serve Court Procedures and Order for Conference And Disclosure Of Interested Parties with summons and complaint; removing parties have same obligation. Proof of service must be filed with Clerk.
THE ATTACHED MUST BE SERVED WITH THE SUMMONS AND COMPLAINT OR REMOVAL PAPERS. Plaintiff must serve these materials, and the Order for Conference And Disclosure Of Interested Parties on all defendants with the summons and complaint. A party removing a case to this Court has the same obligation as a plaintiff filing an original complaint. Proof reflecting service of these materials must be filed with the Clerk.
Page 1 | Service Requirements
Counsel filing or removing an action must serve a copy of the Order to Disclose Interested Persons with the summons and complaint or notice of removal.
4. Counsel who file or remove an action must serve a copy of this Order with the summons and complaint or with the notice of removal.
Page 14 | ORDER TO DISCLOSE INTERESTED PERSONS
Attorneys who add new parties must provide copies of this scheduling order to the new parties.
The Attorney causing the addition of new parties will provide copies of this Order to new parties.
Page 21 | Scheduling/Docket Control Order
Counsel requiring exhibit authentication must notify offering counsel in writing within 5 business days of exhibit listing.
Any counsel requiring authentication of an exhibit must notify offering counsel in writing within five (5) business days after the exhibit is listed and authenticity. See Local Rule 44.1 and CrLR55.2A.
Page 9 | EXHIBITS
Courtesy Copy Requirements
Emergency motions require a courtesy copy to Chambers Room 3716 on the day of filing, with double-sided printing recommended.
A. All emergency motions should be sent to Chambers Room 3716 the day of filing. Double sided printing for the courtesy copy is recommended.
Page 7 | COURTESY COPIES
B. Any document with an appendix or set of exhibits that totals more than 50 pages should be sent to Chambers Room 3716 the day of filing. The document and exhibits should be hole punched, bound, and tabbed in a binder type notebook. Double sided printing is recommended.
B. Any document with an appendix or set of exhibits that totals more than 50 pages should be sent to Chambers Room 3716 the day of filing. The document and exhibits should be hole punched, bound, and tabbed in a binder type notebook. Double sided printing is recommended.
Page 7 | COURTESY COPIES
Counsel for each party is required to provide the Court with three (3) copies of that party's exhibits in a properly tabbed and indexed notebook.
Counsel for each party is required to provide the Court with three (3) copies of that party's exhibits in a properly tabbed and indexed notebook.
Page 10 | Exhibits
Pleadings submitted by counsel during the course of a trial should be presented in duplicate (original for filing and copy for the Court) to the Case Manager.
Pleadings submitted by counsel during the course of a trial should be presented in duplicate (original for filing and copy for the Court) to the Case Manager.
Page 11 | Filing of Documents
Counsel must provide the Case Manager with a copy of any deposition to be used at trial before trial begins.
Before trial, counsel must provide the Case Manager with a copy of any deposition to be used at trial.
Page 12 | Depositions
All emergency motions should be sent to Chambers Room 3716 the day of filing. Double sided printing for the courtesy copy is recommended.
All emergency motions should be sent to Chambers Room 3716 the day of filing. Double sided printing for the courtesy copy is recommended.
Page 7 | Courtesy Copies
Any document with an appendix or set of exhibits that totals more than 50 pages should be sent to Chambers Room 3716 the day of filing. The document and exhibits should be hole punched, bound, and tabbed in a binder type notebook. Double sided printing is recommended.
Any document with an appendix or set of exhibits that totals more than 50 pages should be sent to Chambers Room 3716 the day of filing. The document and exhibits should be hole punched, bound, and tabbed in a binder type notebook. Double sided printing is recommended.
Page 7 | Courtesy Copies
Three tabbed copies of each party's exhibits in an indexed notebook must be provided to the Court.
Counsel for each party is required to provide the Court with three (3) copies of that party's exhibits in a properly tabbed and indexed notebook.
Page 10 | EXHIBITS
Moving party must provide 2 courtesy copies of Responsive Brief and exhibits to the Court.
The moving party is to provide the Court with two (2) courtesy copies of the Responsive Brief and exhibits.
Page 23 | Briefs
Moving party must provide 2 copies of Opening Brief and exhibits binders to the Court.
The moving party is to provide the Court with 2 copies of the binders containing their Opening Brief and exhibits.
Page 23 | Briefs
Moving party must provide 2 copies of Reply Brief and exhibits to the Court.
The moving party is to provide the Court with two (2) copies of the Reply Brief and exhibits.
Page 24 | Replies
Each party must provide the Court with a courtesy copy of exhibits and exhibit lists. The presiding judge’s preferred format for Exhibit Lists is available on the Court’s website at www.txs.uscourts.gov under Court Procedures.
Each party must provide the Court with a courtesy copy of exhibits and exhibit lists. The presiding judge’s preferred format for Exhibit Lists is available on the Court’s website at www.txs.uscourts.gov under Court Procedures.
Page 26 | Other Requirements and Limitations (d)(i)
Voluminous exhibits require two courtesy copies with only relevant pages; original agreed exhibits tendered to Clerk at trial start.
If exhibits are voluminous, provide only specific pages that pertain to the issues on the two courtesy copies. The original exhibits that are agreed upon by the parties, should be ready to be tendered to the Clerk of the Court at the beginning of trial.
Page 26 | Other Requirements and Limitations (d)(ii)
Filing Bundling Requirements
Opening Brief and exhibits must be bound in binders for court copies.
The moving party is to provide the Court with 2 copies of the binders containing their Opening Brief and exhibits.
Page 23 | Briefs
Pre-Motion Conference Requirements
Applications for restraining orders/immediate relief must be submitted via Case Manager with affirmation of opposing party contact and availability for in-chambers conference; ex parte TROs require Rule 65(b) compliance.
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.
Page 3 | Emergencies
Unsuccessful conference attempts less than two full business days before motion filing do not satisfy the conference requirement; parties should begin conferring at least two full business days before motion deadlines.
The Court will not consider the conference requirement to be satisfied by an unsuccessful attempt to reach opposing counsel occurring less than two full business days before a motion is filed.1 Accordingly, a moving party should begin efforts to confer with other parties at least two full business days before any motion deadline.
Page 5 | Local Civil Rule 7.1 and Local Criminal Rule 12.2
Replies must be filed within 7 days of the response filing date.
(A) The Reply should be filed within seven (7) days of the date the Response was filed.
Page 7 | REPLIES TO RESPONSES
Government and defense counsel must confer to determine whether they can reach agreement before reopening a detention hearing.
1. Counsel for the government and the accused must confer to see if they can reach agreement.
Criminal cases
Page 2 | Standing Order in Criminal Proceedings Before Judge Keith P. Ellison During Pendency of National Emergency
Applications for restraining orders or immediate relief must be submitted via Case Manager with affirmation of opposing party contact and availability for in-chambers conference; ex parte TROs only allowed if Rule 65(b) 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.
Page 3 | Emergencies
Court follows local rules for written motion practice; most motions decided without oral hearing, considered after submission date.
The Court follows the written motion practice described in the Local Rules. Since most motions will be ruled on without an oral hearing, brief, clear motion papers are very important. The Court will consider the motion and response after the submission date.
Page 4 | Motion Practice
Unsuccessful attempts to confer with opposing counsel less than two full business days before motion filing do not satisfy the conference requirement; parties should begin conferral at least two business days before deadlines.
The Court will not consider the conference requirement to be satisfied by an unsuccessful attempt to reach opposing counsel occurring less than two full business days before a motion is filed. Accordingly, a moving party should begin efforts to confer with other parties at least two full business days before any motion deadline.
Page 5 | Local Civil Rule 7.1 and Local Criminal Rule 12.2
Counsel for criminal jury trials must confer on non-pattern jury instructions, submit agreed parts and competing versions if unable to agree.
If counsel believe the case does require jury instructions not included in the Fifth Circuit’s Pattern Jury Instructions, all counsel shall confer and seek to agree on the proposed wording. If the parties cannot agree, counsel shall identify those parts of the requested jury instructions upon which they can agree and submit competing versions of the instructions as to which they cannot agree.
Page 8 | Required Pretrial Materials
Counsel who repeatedly fail to return phone calls related to the conference requirement may face sanctions.
Counsel who repeatedly fail to return phone calls relating to the conference requirement will be asked to explain this behavior to the Court. In extreme cases, sanctions may be imposed.
Page 5 | Local Civil Rule 7.1 and Local Criminal Rule 12.2
Oral argument requests are not required; the Court will notify counsel if oral argument is deemed beneficial.
Requests for oral argument on motions are not necessary. The Case Manager will notify counsel should the Court determine that oral argument would be beneficial.
Page 5 | Local Civil Rule 7.1 and Local Criminal Rule 12.2
Oral argument requests are not required; the Court will notify counsel via the Case Manager if oral argument is deemed beneficial.
Requests for oral argument on motions are not necessary. The Case Manager will notify counsel should the Court determine that oral argument would be beneficial.
Page 5 | Local Civil Rule 7.1 and Local Criminal Rule 12.2
Adjournment & Extension Requirements
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.
Page 4 | Motion Practice
Discovery extension motions must be filed early enough for opposing counsel to respond before the discovery deadline.
Motions for extension of discovery must be filed sufficiently in advance of the discovery deadline that opposing counsel may respond prior to the deadline.
Page 5 | Local Civil Rule 7.1 and Local Criminal Rule 12.2
Parties requesting Real Time Transcription must notify the Court at least three weeks prior to trial.
Parties requesting Real Time Transcription must notify the Court at least three weeks prior to trial.
Page 10 | Equipment
Pending motions, attorney conflicts, and incomplete discovery (without good faith showing) are invalid excuses for continuances or discovery deadline failures.
The following excuses will neither warrant a continuance nor justify a failure to comply with the discovery deadline: (i) the fact that there are motions for summary judgment or motions to dismiss pending; (ii) the fact that one or more of the attorneys is set for trial in another court on the same day, unless the other setting was made prior to the date of this order or was made as a special provision for the parties in the other case; (iii) the failure to complete discovery prior to trial, unless the parties can demonstrate that it was impossible to complete discovery despite their good faith effort to do so.
Page 26 | Other Requirements and Limitations (c)
Joint continuance motions 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.
Page 4 | 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.
Page 4 | Motion Practice
Joint continuance motions are not binding and will only be granted at the court's discretion.
Joint motions for continuance are not binding, and they will be granted only at the Court's discretion.
Page 4 | Continuances
Continuances are disfavored if counsel do not promptly notify the Court of scheduling difficulties.
If no such communication is promptly received by the Court, continuances are disfavored.
Page 9 | TRIAL SETTINGS
Bona fide vacation requests will be respected.
Bona fide vacation requests will be respected.
Page 4 | Continuances
Bona fide vacation requests for continuances will be respected by the court.
Bona fide vacation requests will be respected.
Page 4 | Continuances
Trial dates rescheduled if prompt notice of scheduling difficulties; continuances disfavored without prompt communication.
Exact trial dates will be given. The Court will reschedule a trial date within the first few days after it has been set, if counsel become aware of scheduling difficulties among themselves, their clients, or witnesses. If no such communication is promptly received by the Court, continuances are disfavored.
Page 9 | Trial Settings
Chambers Communication Rules
ALL inquiries regarding ANY case, please contact: Arturo Rivera, Case Manager To United States District Judge Keith P. Ellison United States District Clerk 515 Rusk Avenue, Room 3716 Houston, Texas 77002 Telephone: 713-250-5181 Facsimile: 713-250-5503 Email: Arturo_Rivera@txs.uscourts.gov
ALL inquiries regarding ANY case, please contact: Arturo Rivera, Case Manager To United States District Judge Keith P. Ellison United States District Clerk 515 Rusk Avenue, Room 3716 Houston, Texas 77002 Telephone: 713-250-5181 Facsimile: 713-250-5503 Email: Arturo_Rivera@txs.uscourts.gov
Page 1 | Contact with Court Personnel
Emergency applications for restraining orders or immediate relief must be submitted through Case Manager Arturo Rivera.
Applications for restraining orders or for other immediate relief shall be made through the Case Manager.
Page 3 | Emergencies
Counsel must notify the Case Manager immediately of the resolution of any matter.
Counsel must notify the Case Manager immediately of the resolution of any matter.
Page 4 | Appearances
Exhibits cannot be passed to jury during trial without advance court permission; admitted exhibits go to jury during deliberations.
Counsel may not pass exhibits to the jury during trial without obtaining permission in advance from the Court. All admitted exhibits will go to the jury during its deliberations.
Page 10 | Exhibits
Judge’s staff do not accept telephone messages; counsel are prohibited from requesting use of telephones in chambers.
The Judge’s staff will not take telephone messages, and counsel shall refrain from requesting use of telephones in chambers.
Page 11 | Telephones
The order should be e-mailed to my Case Manager, Arturo Rivera at Arturo_Rivera@txs.uscourts.gov.
The order should be e-mailed to my Case Manager, Arturo Rivera at Arturo_Rivera@txs.uscourts.gov.
Page 20 | NOTICE REGARDING INITIAL CONFERENCE
Proposed scheduling orders can be faxed to Case Manager Arturo Rivera at 713-250-5503 to cancel the initial conference.
Alternatively, you can fax it to him at 713-250-5503.
Page 20 | NOTICE REGARDING INITIAL CONFERENCE
All case-related correspondence must be addressed to the specified Houston court address.
Case-related correspondence must be addressed to: United States District Court 515 Rusk Street 3rd Floor, Room 3716 Houston, Texas 77002
Page 3 | Contact with Court Personnel
Counsel must immediately notify the Case Manager when any matter is resolved.
Counsel must notify the Case Manager immediately of the resolution of any matter.
Page 4 | Appearances
Counsel may appear by telephone for all non-evidentiary hearings, counsel will need to call Judge Ellison’s conference dial-in number, 669-254-5252 at the scheduled time, enter Meeting ID: 160 7362 7986#, followed by Passcode: 3716. Parties should use a land line, not cellular or speaker telephones. Telephonic appearances are disfavored in evidentiary hearings.
Counsel may appear by telephone for all non-evidentiary hearings, counsel will need to call Judge Ellison’s conference dial-in number, 669-254-5252 at the scheduled time, enter Meeting ID: 160 7362 7986#, followed by Passcode: 3716. Parties should use a land line, not cellular or speaker telephones. Telephonic appearances are disfavored in evidentiary hearings.
Page 4 | Appearances
Counsel must arrange with Case Manager in advance for courtroom access outside normal hours.
Counsel needing access to the courtroom to set up equipment or exhibits before or after normal hours of court must arrange in advance with the Case Manager to have the courtroom open.
Page 10 | COURTROOM PROCEDURES
Refrain from requesting use of telephones in chambers.
shall refrain from requesting use of telephones in chambers.
Page 11 | Contact with Court Personnel
Counsel must notify the Case Manager by letter requesting a settlement conference when filing a motion for appointment of guardian ad litem.
Contemporaneously with the motion for appointment, counsel must notify the Case Manager by letter requesting a settlement conference.
Page 13 | Settlements
(1) If the parties are seriously contemplating settlement, they should advise the Court by calling chambers and indicating that the Court should postpone consideration of pending motions until the parties advise the Court as to whether a settlement has been reached. If the parties succeed in settling the case, they should inform the Court immediately.
(1) If the parties are seriously contemplating settlement, they should advise the Court by calling chambers and indicating that the Court should postpone consideration of pending motions until the parties advise the Court as to whether a settlement has been reached. If the parties succeed in settling the case, they should inform the Court immediately.
Page 13 | Settlements
If the parties are able to resolve a pending motion without Court intervention, they should advise the Court immediately. The parties may do so by calling chambers at (713) 250-5806 and stating that all parties agree that the motion has been resolved. The Court will then deny the motion as moot.
If the parties are able to resolve a pending motion without Court intervention, they should advise the Court immediately. The parties may do so by calling chambers at (713) 250-5806 and stating that all parties agree that the motion has been resolved. The Court will then deny the motion as moot.
Page 13 | Motions That Have been Resolved
Proposed scheduling orders may be faxed to the Case Manager at the provided fax number.
Alternatively, you can fax it to him at 713-250-5503.
Page 20 | NOTICE REGARDING INITIAL CONFERENCE
Proposed scheduling orders may be emailed to the Case Manager at the provided email address.
The order should be e-mailed to my Case Manager, Arturo Rivera at Arturo_Rivera@txs.uscourts.gov.
Page 20 | NOTICE REGARDING INITIAL CONFERENCE
Case Manager will not respond to casual telephone inquiries about motions/case status; email inquiries preferred unless time does not permit.
The Court’s caseload will not allow the Case Manager to respond to casual telephone inquiries about motions and case status generally. Inquiries to the Case Manager should be by email, unless time does not permit.
Page 3 | Contact with Court Personnel
Counsel may appear by telephone for non-evidentiary hearings via judge's conference line using a land line; telephonic appearances disfavored for evidentiary hearings.
Counsel may appear by telephone for all non-evidentiary hearings, counsel will need to call Judge Ellison’s conference dial-in number, 713-250-5238 at the scheduled time, enter Conference ID: 45238, followed by ID: 13579. Parties should use a land line, not cellular or speaker telephones. Telephonic appearances are disfavored in evidentiary hearings.
Page 4 | Appearances
Urgent documents may be sent to chambers and clerk’s office with a transmittal letter explaining the need for prompt attention.
Copies of urgent documents (including letters) may be sent to chambers, as well as to the clerk’s office, with a transmittal letter that states why the Court’s prompt attention is required.
Page 3 | Contact with Court Personnel
The Court’s caseload will not allow the Case Manager to respond to casual telephone inquiries about motions and case status generally. Inquiries to the Case Manager should be by email, unless time does not permit.
The Court’s caseload will not allow the Case Manager to respond to casual telephone inquiries about motions and case status generally. Inquiries to the Case Manager should be by email, unless time does not permit.
Page 3 | Contact with Court Personnel
Case-related telephone and email inquiries regarding any case should be made to Arturo Rivera, Case Manager and Court Coordinator at 713-250-5181 or Arturo_Rivera@txs.uscourts.gov.
Case-related telephone and email inquiries regarding any case should be made to Arturo Rivera, Case Manager and Court Coordinator at 713-250-5181 or Arturo_Rivera@txs.uscourts.gov.
Page 3 | Contact with Court Personnel
At the Court's direction, law clerks may contact counsel; however, they will not discuss matters other than 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.
Page 3 | Contact with Court Personnel
Status of documents, orders, or docket entries should be obtained from CM/ECF/Pacer first, or Clerk's office at (713) 250-5500 if necessary.
Information about the status of documents, entry of orders, or docket entries should be obtained from the CM/ECF or Pacer Systems or, if absolutely necessary, from the United States District Clerk’s Offices, (713) 250-5500.
Page 3 | Contact with Court Personnel
Counsel may, however, request a settlement or pretrial conference by letter addressed to the Case Manager with copies to all counsel. The Court prefers that such letters set forth the agreement of all counsel that a conference is necessary and the reasons therefor.
Counsel may, however, request a settlement or pretrial conference by letter addressed to the Case Manager with copies to all counsel. The Court prefers that such letters set forth the agreement of all counsel that a conference is necessary and the reasons therefor.
Page 9 | Trial Settings
Equipment training sessions are arranged by contacting the Case Manager at 713-250-5181.
Training and familiarization sessions can be set up by contacting the Court’s Case Manager 713-250-5181.
Page 10 | Equipment
If the parties are seriously contemplating settlement, they should advise the Court by calling chambers and indicating that the Court should postpone consideration of pending motions until the parties advise the Court as to whether a settlement has been reached. If the parties succeed in settling the case, they should inform the Court immediately.
If the parties are seriously contemplating settlement, they should advise the Court by calling chambers and indicating that the Court should postpone consideration of pending motions until the parties advise the Court as to whether a settlement has been reached. If the parties succeed in settling the case, they should inform the Court immediately.
Page 13 | Settlements
If the parties are able to resolve a pending motion without Court intervention, they should advise the Court immediately. The parties may do so by calling chambers at (713) 250-5806 and stating that all parties agree that the motion has been resolved. The Court will then deny the motion as moot.
If the parties are able to resolve a pending motion without Court intervention, they should advise the Court immediately. The parties may do so by calling chambers at (713) 250-5806 and stating that all parties agree that the motion has been resolved. The Court will then deny the motion as moot.
Page 13 | Motions That Have been Resolved
Judge Keith P. Ellison's chambers phone number is 713-250-5806.
713-250-5806
Page 20 | NOTICE REGARDING INITIAL CONFERENCE
Judge Keith P. Ellison's chambers fax number is 713-250-5503.
713-250-5503 Fax
Page 20 | NOTICE REGARDING INITIAL CONFERENCE
ALL inquiries regarding ANY case, please contact: Arturo Rivera, Case Manager To United States District Judge Keith P. Ellison United States District Clerk 515 Rusk Avenue, Room 3716 Houston, Texas 77002 Telephone: 713-250-5181 Facsimile: 713-250-5503 Email: Arturo_Rivera@txs.uscourts.gov
ALL inquiries regarding ANY case, please contact: Arturo Rivera, Case Manager To United States District Judge Keith P. Ellison United States District Clerk 515 Rusk Avenue, Room 3716 Houston, Texas 77002 Telephone: 713-250-5181 Facsimile: 713-250-5503 Email: Arturo_Rivera@txs.uscourts.gov
Page 1 | Contact Information
Case-related telephone inquiries should be directed to Case Manager Arturo Rivera at 713-250-5181.
Case-related telephone and email inquiries regarding any case should be made to Arturo Rivera, Case Manager and Court Coordinator at 713-250-5181 or Arturo_Rivera@txs.uscourts.gov.
Page 3 | Contact with Court Personnel
Document status, order entry, or docket entry information should be obtained from CM/ECF, Pacer, or clerk's office phone if necessary.
Information about the status of documents, entry of orders, or docket entries should be obtained from the CM/ECF or Pacer Systems or, if absolutely necessary, from the United States District Clerk’s Offices, (713) 250-5500.
Page 3 | Contact with Court Personnel
Law clerks may contact counsel but will only discuss the specific 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.
Page 3 | Contact with Court Personnel
Contact Case Manager at 713-250-5181 to schedule equipment training sessions.
Training and familiarization sessions can be set up by contacting the Court’s Case Manager 713-250-5181.
Page 10 | EQUIPMENT