Judge Kenneth M. Hoyt
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 2 copies
Joint Pretrial Order
- 1 copy
Letter, Brief
Adjournments
- The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Counsel are to notify the Case Manager, in writing, of an agreement and submit an appropriate order.
- Counsel must comply with docket control orders unless granted relief via motion and good cause showing.
- Trials are not automatically continued for expert or medical witness unavailability; counsel must use depositions or stipulations.
- +4 more
Request must include
Communication
Chambers, Clerk
Phone
Chambers
Phone
Clerk
Phone
Page & Word Limits1 rule
Briefs/memoranda limited to 25 pages; reply briefs limited to 15 pages; sur-replies prohibited without leave.
- Brief
- Up to 25 pages
- Reply brief
- Up to 15 pages
Exception
More pages with leave of court
Court's wording
Without leave of Court, all briefs or memoranda are limited to 25 pages. A moving party may file a brief or memorandum of law in reply to a respondent=s brief. Without leave of the court, a reply brief is limited to 15 pages. However, without leave of the Court, no further briefs, including a sur-reply, may be filed.
Document Format Requirements7 rules
No brief or motion shall be filed with the Court with a font or typeface smaller than twelve (12) point type. Footnotes may be in a font smaller than twelve (12) but not less than ten (10) point type.
- Font size
- 12 points
- Brief
- Motion
Briefs must use 8.5x11 paper, double-spaced text (exceptions for quotes, headings, footnotes), and 1-inch margins.
- Line spacing
- Double
- Margins
- At least 1 inch
- Paper size
- Letter
- Brief
- Memorandum
Court's wording
A brief or memorandum of law must be on 81/2 by 11-inch paper. The text must be double-spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least one inch on all four sides
All appendices should contain a paginated table of contents and should be tabbed for easy location of the materials contained.
- Appendix
Formatting
- •Paginated table of contents
- •Tabbed
Proposed conclusions of law must be in Microsoft Word format.
- File type
- Word
- Proposed conclusions of law
Court's wording
Proposed conclusions of law, electronically and by e-mail, to the Case Manager in Microsoft Word format. Each proposed conclusion of law should contain citation to legal authority supporting the conclusions;
Proposed findings of fact, electronically and by e-mail, to the Case Manager in Microsoft Word format. Counsel should include references to testimony and exhibits that support each proposed finding;
- File type
- Word
- Proposed findings of fact
The parties shall submit the proposed jury charge electronically and by e-mail to the Case Manager, in Microsoft Word format.
- File type
- Word
- Proposed jury charge
Counsel is required to provide the Court with the original and one copy of the exhibits on the day of trial in properly tabbed notebook form.
Document Filing Requirements34 rules
Do not address substantive issues of law in letter form to the Court as they are not docketed or included in the appellate record.
all requests for extensions of deadlines for completion of discovery or for postponement of trial [must] be signed by the attorney and the party making the request.
Discovery motions must include a statement that counsel conferred in good faith, conference details, and attempts if opposing counsel was unavailable.
Court's wording
In order to curtail undue delay in the administration of justice, the Court will not hear discovery motions unless moving counsel advises the Court, in a motion, that counsel have conferred in good faith but are unable to reach an agreement. Counsel shall also include the date, time, and place of such conference and the names of all parties participating. If counsel has been unable to confer because of the unavailability or unwillingness of opposing counsel, the motion should set forth the attempts to confer.
Every non-dispositive motion must contain a certificate of conference and a proposed order granting the relief requested. Failure to comply may result in the party=s pleading being denied or stricken.
- Document
- Non-dispositive motion
Must include
- •Proposed order
- •Certificate of conference
All motions, except those filed 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
Briefs and memoranda must include a table of authorities, proceeding nature/stage statement, issues with standard of review, argument summary, argument headings, and conclusion; non-compliant briefs may be struck.
Court's wording
4. A table of citations of cases, statutes, rules, textbooks and other authorities, alphabetically arranged; 5. A short statement of the nature and stage of the proceeding; 6. 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 standard of review; 7. A short summary of the argument; 8. Headings succinctly setting forth separate sections of the argument; and 9. A short conclusion stating the precise relief sought. 10. The Court may disregard or strike a brief or memorandum that does not comply with this rule.
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 Third, or Vernon=s Revised Statutes and Codes Annotated should have appended 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.
Proposed questions for voir dire examination of the jury panel;
Proposed jury charge, which includes all necessary instructions,
A Pretrial Order will be approved by this Court, when signed by ALL parties even though the parties do not agree on every section.
Proposed conclusions of law, electronically and by e-mail, to the Case Manager in Microsoft Word format. Each proposed conclusion of law should contain citation to legal authority supporting the conclusions;
c. Memorandum of law.
a. Exhibit Lists;
Proposed findings of fact, electronically and by e-mail, to the Case Manager in Microsoft Word format. Counsel should include references to testimony and exhibits that support each proposed finding;
Proposed jury charges must include specified elements and omit customary prefatory instructions.
Court's wording
shall specifically include: (1) the prima facie elements of each cause of action and defense asserted: (2) legal definitions required by the jury; (3) items of damages; and (4) methods of calculation of damages. Customary prefatory instructions should be omitted.
b. Marked objections to opposing counsel=s exhibits on opposing counsel=s list;
c. Witness lists.
Attorneys must withdraw exhibits post-trial and certify withdrawal using provided form.
Court's wording
At the conclusion of trial, each attorney shall withdraw his/her exhibits and maintain them for safekeeping in the event of an appeal. The Case Manager will provide a form for the attorneys to certify that they have withdrawn the exhibits.
In the event of a bench trial, the portions of the deposition offered shall not be read but simply offered as exhibits for admission.
Deposition portions to be read must be designated by page/line citations; objections must include page/line citations and authority in advance of trial.
Court's wording
If a portion of any deposition is to be read, counsel will designate such by citing pages and lines as required by the Joint Pretrial Order. Opposing counsel will file objections to such portions (citing pages and lines) with supporting authority in advance of trial. The Court will rule on the objections as soon as possible. Use of video depositions is permitted when counsel edits the video and resolves objections.
Counsel must provide proposed final judgment to Court prior to settlement conference.
Court's wording
Prior to the conference, counsel will furnish to the Court a copy of the proposed final judgment and any additional information that counsel determines to be helpful in approving the settlement. Any motion by the guardian ad litem requesting that funds be placed in the registry of the Court must be filed prior to the conference and approved by the Finance Section of the Clerk=s Office.
Upon settlement of a suit involving a minor, counsel will jointly move for appointment of a guardian ad litem where there is a potential conflict of interest between the parent(s) and the minor.
Please restate each instruction before furnishing the applicable information.
Joint Pretrial Order must list all potential witnesses, testimony details, deposition citations, and expert qualifications.
Must include
- •Witnesses
Court's wording
6. Witnesses. List the names and addresses of all witnesses who may be called, separately identifying those witnesses whom the party expects to present and those whom the party may call if the need arises. Include a brief statement of the nature of their testimony. If a witness is to appear by deposition, cite the inclusive pages and lines to be read. With regard to expert witnesses, a brief statement of the nature of their testimony and their qualifications is required.
7. Trial. State probable length of trial and logistical problems, including availability of witnesses, out-of-state people, bulky exhibits, and demonstrations.
Include
- •Trial
Joint Pretrial Order must concisely state essential party contentions in separate paragraphs.
Include
- •The Parties= Contentions
Court's wording
4. The Parties= Contentions. Concisely state in separate paragraphs the contentions that are necessary to the relief sought in the case. Only those contentions that are an essential basis for resolving the case are necessary.
1. Appearance of Counsel. List each party, its counsel, and counsel=s address and telephone number in separate paragraphs.
Include
- •Appearance of Counsel
3. Jurisdiction. Briefly specify the jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state it.
Include
- •Jurisdiction
2. Statement of the Case. Give a brief statement of the case, one that the judge could read to the jury panel for an introduction to the facts and parties; include names, dates, and places.
Include
- •Statement of the Case
5. Exhibits. On a form similar to the one provided by the Clerk, each party will attach two lists of all exhibits expected to be offered and make the exhibits available for examination by opposing counsel.
Include
- •Exhibit list
- •Exhibits
b. For non-jury trials include: (1) Proposed findings of fact and conclusions of law. (2) Memorandum of law.
a. For jury trials include: (1) Proposed questions for voir dire examination. (2) Proposed jury charge, including instructions, definitions and special interrogatories with authority.
FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION __________________________________, ' ' Plaintiff(s), ' ' v. ' CIVIL ACTION NO. H-____________ ' __________________________________, ' ' Defendant(s). ' CERTIFICATE OF SERVICE IN REMOVED ACTION I certify compliance with the Court=s Procedures. On ________________________, 20__, I served copies of the Order for Conference and Court Procedures= Cover Sheet on all other parties. Date: _____________________________________ Attorney for Defendant(s)
Exhibit lists must include columns for Number, Description, Offeror, Objection, Admit, and Not Admitted.
Court's wording
FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ' ' CA/CR NO. ' ' KENNETH M. HOYT vs. ' Judge ' ' C. Horace ' Case Manager Court Reporter ' ' Proceeding EXHIBIT LIST OF No. Description Offr Obj. Admit N/Adm
Filing & Service rules
Electronic Filing Rules
All parties are expected to file documents via CM/ECF; counsel must register to use the system.
All parties are expected to file documents through the District Court=s Case Management/Electronic Case Filing (ACM/ECF@) system. See S. D. Tex. Local R. 5.1 (as amended on September 7, 2004) and Administrative Procedures for CM/ECF. Counsel is required to register to use the Court=s CM/ECF system
Civil cases
Page 3 | Contact with Court Personnel
Restraining order and immediate relief applications must be filed electronically via CM/ECF; related communications to Case Manager.
Applications for restraining orders or for other immediate relief shall be filed electronically through the CM/ECF system and all related communications with the Court must be made by contacting the Case Manager.
Civil cases
Page 4 | Emergency Matters
Proposed findings of fact must be submitted electronically and via email to the Case Manager.
Proposed findings of fact, electronically and by e-mail, to the Case Manager in Microsoft Word format. Counsel should include references to testimony and exhibits that support each proposed finding;
Civil cases
Page 9 | Non-Jury Trials
Proposed jury charges must be submitted electronically and via email to the Case Manager.
The parties shall submit the proposed jury charge electronically and by e-mail to the Case Manager, in Microsoft Word format.
Civil cases
Page 9 | Jury Trials
Proposed conclusions of law must be submitted electronically and via email to the Case Manager.
Proposed conclusions of law, electronically and by e-mail, to the Case Manager in Microsoft Word format. Each proposed conclusion of law should contain citation to legal authority supporting the conclusions;
Civil cases
Page 9 | Non-Jury Trials
Filing Timing and Cure Windows
Joint discovery/case management plans must be filed at least 10 days before the scheduling conference.
Counsel shall prepare and file not less than 10 days before the conference, a joint discovery/case management plan for the conference containing the information called for on the attached form, as required by Rule 26(f).
Civil cases
Page 5 | V. PRETRIAL CONFERENCES
Exhibits must be provided to the Court on the day of trial.
Counsel is required to provide the Court with the original and one copy of the exhibits on the day of trial in properly tabbed notebook form.
Civil cases
Page 11 | I. Exhibits 4
Deposition objections must be filed in advance of trial.
If a portion of any deposition is to be read, counsel will designate such by citing pages and lines as required by the Joint Pretrial Order. Opposing counsel will file objections to such portions (citing pages and lines) with supporting authority in advance of trial. The Court will rule on the objections as soon as possible. Use of video depositions is permitted when counsel edits the video and resolves objections.
Civil cases
Page 11 | J. Depositions 1
Exhibits are offered and admitted as the first trial item if no objection is filed at least 3 days before trial.
All exhibits will be OFFERED and ADMITTED into evidence as the FIRST ITEM OF BUSINESS at trial where no objection is lodged at least three (3) days before trial. See applicable Local Rule; see also supra Section IX(B)(3)(b).
Civil cases
Page 11 | I. Exhibits 2
Motion for dismissal must be filed within 30 days of settlement announcement.
The parties= announcement of settlement must be followed by a motion for dismissal within thirty (30) days. Upon receipt of the parties= written settlement announcement, the Court will enter a 90-day conditional Order of Dismissal, which permits a party to move to reopen the case if final settlement cannot be completed within the allotted time.
Civil cases
Page 12 | XI. Settlements and Orders of Dismissal A.2
Guardian ad litem motions to place funds in court registry must be filed prior to settlement conference.
Prior to the conference, counsel will furnish to the Court a copy of the proposed final judgment and any additional information that counsel determines to be helpful in approving the settlement. Any motion by the guardian ad litem requesting that funds be placed in the registry of the Court must be filed prior to the conference and approved by the Finance Section of the Clerk=s Office.
Civil cases
Page 12 | XI. Settlements and Orders of Dismissal A.3.c
Defendants not served within 120 days of complaint filing may be dismissed under Fed. R. Civ. P. 4(m).
Any defendant upon whom service has not been perfected within 120 days after the complaint is filed may be dismissed in accordance with Fed. R. Civ. P. 4(m).
Civil cases
Page 12 | XI. Settlements and Orders of Dismissal B
Service and Proof of Service Rules
The attached cover page must be served with the summons and complaint or notice of removal.
THE ATTACHED COVER PAGE MUST BE SERVED WITH THE SUMMONS AND COMPLAINT OR NOTICE OF REMOVAL
Civil cases
Page 1 | Cover Page Requirements
Proof of service of these materials must be filed with the Clerk.
Proof of service of these materials must be filed with the Clerk.
Civil cases
Page 1 | Service Requirements
Plaintiffs must serve the cover page and Order for Conference with the summons and complaint on all defendants.
The plaintiff must serve this cover page and the Order for Conference along with the summons and complaint on all defendants.
Civil cases
Page 1 | Service Requirements
Parties removing a case to this court must fulfill the same service obligations as plaintiffs filing original complaints.
A party removing a case to this Court has the same obligation as a plaintiff filing an Original Complaint.
Civil cases
Page 1 | Service Requirements
Counsel must serve the Order for Conference with the summons/complaint or notice of removal.
Counsel who file or remove an action must serve a copy of the Order for Conference with the summons and complaint or with the notice of removal.
Civil cases
Page 5 | V. PRETRIAL CONFERENCES
All documentary exhibits must be exchanged before trial, with rebuttal exhibits exempt.
All documentary exhibits must be exchanged before trial, except for rebuttal exhibits.
Civil cases
Page 17 | JOINT PRETRIAL ORDER
Courtesy Copy Requirements
Joint Pretrial Order due per docket call or 10 days before trial; plaintiff's counsel must deliver courtesy copy to Case Manager.
The Joint Pretrial Order is due per docket call instructions or 10 days prior to trial. Plaintiff=s counsel is responsible for insuring that a Joint Pretrial Order is timely prepared and a courtesy copy delivered to the Case Manager. A form Joint Pretrial Order is attached. The form Order may be modified as needed for a particular case.
Civil cases
Page 8 | Required Pretrial Materials
Documents filed during trial must be submitted to the Case Manager in duplicate.
C. Filing of Documents. Documents submitted for filing during the course of trial will be submitted to the Case Manager in duplicate.
Civil cases
Page 9 | COURTROOM PROCEDURES - Filing of Documents
Urgent letters or briefs may be sent to Chambers with a cover letter explaining the need for prompt attention.
Copies of urgent letters or briefs may be sent to Judge Hoyt=s Chambers with a cover letter that specifies why the Court=s prompt attention is required.
Civil cases
Page 3 | Contact with Court Personnel
Pre-Motion Conference Requirements
Restraining order applications require affirmation of opposing party contact/availability or explanation of why contact is not required.
All applications of this type 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 are available for a conference before the Court, or an explanation of why such contact is not legally required.
Civil cases
Page 4 | Emergency Matters
Ex parte restraining order applications are only allowed if Fed. R. Civ. P. 65(b) requirements are met.
Ex parte applications for restraining orders will not be entertained by the Court unless the requirements of Fed. R. Civ. P. 65(b) are satisfied.
Civil cases
Page 4 | Emergency Matters
Adjournment & Extension Requirements
Counsel must comply with docket control orders unless granted relief via motion and good cause showing.
Counsel shall comply with the docket control order unless relieved from its terms by court order following motion and a showing of good cause.
Civil cases
Page 7 | Trial Settings
Trials are not automatically continued for expert or medical witness unavailability; counsel must use depositions or stipulations.
A trial will NOT automatically be continued because of the unavailability of an expert or medical witness. Counsel are expected to anticipate such possibilities and prepare to present such testimony by deposition or stipulation.
Civil cases
Page 8 | Trial Settings
Counsel must appear telephonically at docket call if no ruling received on pending continuance motion.
Where counsel have NOT been advised of a ruling on a motion for continuance, personal appearance is required telephonically or as deemed by the Court.
Civil cases
Page 8 | Trial Settings
Joint continuance stipulations are not binding and granted only at court's discretion.
Agreements, stipulations or joint motions for continuances among counsel are NOT binding on the Court and will be granted at the Court=s discretion.
Civil cases
Page 4 | Continuances
The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Counsel are to notify the Case Manager, in writing, of an agreement and submit an appropriate order.
The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Counsel are to notify the Case Manager, in writing, of an agreement and submit an appropriate order.
Civil cases
Page 6 | VI. MOTION PRACTICE
The Court will attempt to accommodate vacation requests provided that they are submitted, by letter, to the Case Manager well in advance of the applicable court setting.
The Court will attempt to accommodate vacation requests provided that they are submitted, by letter, to the Case Manager well in advance of the applicable court setting.
Civil cases
Page 4 | Continuances
Motions to extend deadlines or cut-off dates are not considered emergencies.
Motions to extend filing deadlines or Acut-off@ dates are not emergencies.
Civil cases
Page 4 | Emergency Matters
Chambers Communication Rules
Case-related telephone and e-mail inquiries should be made only to the Judge=s Case Manager, Cynthia Horace, at (713) 250-5515 or cynthia_horace@txs.uscourts.gov.
Case-related telephone and e-mail inquiries should be made only to the Judge=s Case Manager, Cynthia Horace, at (713) 250-5515 or cynthia_horace@txs.uscourts.gov.
Civil cases
Page 3 | Contact with Court Personnel
Counsel must notify the Case Manager by letter of prior commitments immediately or in advance of docket call.
Counsel shall have already notified the Case Manager by letter of prior commitments (vacations paid in advance, preferential trial settings in other courts, etc.) immediately and/or in advance of docket call.
Civil cases
Page 8 | Trial Settings
Telephonic personal appearance required at docket call unless alternative arrangements are made.
Personal appearance by counsel telephonically is required at docket call unless arrangements are otherwise made for an announcement. Generally, the Court conducts a telephonic conference in lieu of a formal docket call to set the case for trial without further appearance.
Civil cases
Page 8 | Trial Settings
Chambers staff will not take counsel phone messages; counsel may not request use of chambers telephones.
B. Telephone Use. Telephone messages for counsel will NOT be taken by the Judge=s staff. Counsel shall refrain from requesting use of Chambers telephones.
Civil cases
Page 9 | COURTROOM PROCEDURES - Telephone Use
Counsel must notify Case Manager of settlement conference request when filing guardian ad litem motion.
Contemporaneous with the motion for appointment, counsel will notify the Case Manager by letter or email requesting a settlement conference.
Civil cases
Page 12 | XI. Settlements and Orders of Dismissal A.3.b
Counsel and pro se litigants must immediately notify Case Manager of settlement via email or written letter.
Upon the settlement of any case set for conference, hearing or trial, it shall be the duty of counsel and/or the pro se litigant to notify the Case Manager immediately in writing or by e-mail at cynthia_horace@txs.uscourts.gov.
Civil cases
Page 12 | XI. Settlements and Orders of Dismissal A.1
Case Manager does not respond to casual status inquiries; filing info available via Clerk's Office at (713) 250-5500 or PACER.
The caseload will not allow the Case Manager to respond to casual telephone inquiries regarding motions and case status. Therefore, information regarding the filing of documents, entry of orders, or docket entries may be obtained by contacting the United States District Clerk=s Office at (713) 250-5500, or online through PACER. Counsel should refrain from seeking information that may be obtained by reviewing the Docket Control Order, Local Rules or Federal Rules of Civil Procedure.
Civil cases
Page 3 | Contact with Court Personnel
Law clerks may contact counsel only to discuss the subject matter of the call.
At the Court=s direction, law clerks may contact counsel; however, they will not discuss matters beyond the subject matter of the call.
Civil cases
Page 3 | Contact with Court Personnel
Out-of-town counsel must submit written telephonic appearance requests to Case Manager in advance with notice to other parties.
Out-of-town counsel wishing to appear telephonically at a conference or hearing must submit a written request to the Case Manager well in advance of the applicable conference or hearing, with notice to the other counsel of record and any pro se parties. The Court will attempt to accommodate such requests.
Civil cases
Page 4 | Appearances at Settings
Notify the Court of settled cases immediately in writing or by email to cynthia_horace@txs.uscourts.gov.
the Court that has been resolved immediately in writing or by e-mail at cynthia_horace@txs.uscourts.gov. Upon receipt of notice that a case has been settled, the Court may enter a conditional Order of Dismissal.
Civil cases
Page 5 | Settlements and Orders of Dismissal