Judge Lee H. Rosenthal
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Exhibits
- 2 copies • Before or During Trial
Filings > 50 pages
- 1 copy
Urgent Motion
Adjournments
- Joint motions for continuances are not binding and are granted at the court's discretion.
- Vacation requests for court settings are respected if presented well in advance.
- Extension motions for discovery deadlines must be filed early enough for opposing counsel to respond before the original deadline.
- +6 more
Request must include
Communication
Chambers
Phone
Clerk
Phone
Chambers
Phone
Clerk
Fax
Clerk, Chambers
Page & Word Limits1 rule
Any brief or memorandum is limited to 25 pages unless counsel obtains leave of court for longer submissions.
- Brief for attorneys
- Up to 25 pages
Exception
More pages with leave of court
Document Format Requirements12 rules
The forms to be used for the Plan and Order are Attachments 1 and 2 to this document.
must be numbered and presented on a separate page.
Formatting
- •Numbered
- •Presented on separate page
Each disputed instruction, definition, or question is to be set out in bold type, or italics, or underlined, and identified as disputed.
- Jury instructions
Formatting
- •Disputed items identified as disputed
All exhibits must be marked and exchanged among counsel before trial.
- Exhibits
Formatting
- •Marked
- •Exchanged among counsel before trial
The charge must also be submitted on a CD compatible with Word.
Formatting
- •Submitted on CD compatible with Word
The offering party will mark his own exhibits with the party’s name, case number, and exhibit number on each exhibit to be offered.
exhibits in a notebook.
- Exhibits
Formatting
- •Organized in a notebook
The offering party will mark his own exhibits before trial to include the party’s name, case number, and exhibit number on each exhibit.
Disputed language in proposed jury charges must be bold, italicized, or underlined, and labeled with the requesting party.
Formatting
- •Disputed language must be set out in bold type, italics, or underlined
Court's wording
If there are instructions, definitions, or questions as to which the parties cannot agree, the disputed language is to be set out in bold type, italics, or underlined to identify it as disputed and labeled to indicate which party is requesting the disputed language.
The proposed charge must also be submitted on a CD compatible with Corel WordPerfect 11 word processing.
- File type
- WordPerfect
- Proposed jury charge
Documents containing Designated Material must be marked with the specified confidentiality designation, and nondocumentary material must be designated in a reasonably equivalent way.
Court's wording
Documents shall be designated by stamping or otherwise marking the documents with the words “CONFIDENTIAL” or “CONFIDENTIAL-FOR ATTORNEYS’ EYES ONLY” thus clearly identifying the category of Designated Material for which protection is sought under the terms of this Order. Designated Material not reduced to documentary form shall be designated by the producing party in a reasonably equivalent way.
The proposed charge must also be submitted on a CD compatible with Corel WordPerfect 11 word processing or Microsoft Word 2003 or later.
Document Filing Requirements73 rules
A memorandum of authorities addressing only these issues must accompany the Order.
The Witnesses section must include the stated language requiring prompt disclosure of other trial witnesses, with an exception for certain rebuttal or impeachment witnesses.
Court's wording
Include in this section the following statement: “If any other witnesses will be called at the trial, their names, addresses and the subject matter of their testimony will be reported to opposing counsel as soon as they are known. This restriction will not apply to rebuttal or impeachment witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial.”
A single, joint proposed jury charge, including all instructions, definitions, and questions, separately numbered and presented on a separate page, with authority. If there are instructions, definitions, or questions as to which the parties cannot agree, the disputed language is to be set out in bold type, italics, or underlined to identify it as disputed and labeled to indicate which party is requesting the disputed language.
The parties must discuss at the Rule 26(f) meeting, and include in the Plan filed with the court, the matters listed in Rule 26(f) that apply to the case.
The parties are to file with the court only one Plan and proposed Order. Both must be signed by counsel for all parties and by any unrepresented parties.
If the parties cannot agree on matters that must or should be addressed in the Plan or proposed Order, the disagreements must be set out clearly in the joint filing.
Joint Discovery/Case-Management Plan must include pertinent matters from Rule 26(f) discussion as listed on attached forms.
Court's wording
The parties must discuss in their Rule 26(f) meeting, and the Plan and proposed Order must include, the pertinent matters listed on the attached forms, including the following: i. dates for joining additional parties or amending pleadings; ii. any agreements on disclosures or discovery of electronically stored information;
Joint Discovery/Case-Management Plan must address listed pretrial and discovery matters.
Court's wording
of trial-preparation protection after production; iv. whether discovery can be initially focused on information relevant to the most important issues, available from readily accessible sources; v. whether discovery should be conducted in phases, or initially limited to certain issues; vi. the date or dates when the parties will disclose information and exchange documents under Rule 26(a)(1); vii. whether expert witnesses are needed on issues other than attorney’s fees and, if so, the dates by which each party can disclose its expert witnesses’ identities and reports, dates by which each party’s experts can be deposed, and whether serial or simultaneous disclosure is appropriate; viii. whether the parties agree to submit attorney’s fees issues to the court by affidavit after liability and damages are resolved; ix. whether the Rule 30(a)(2)(A) presumptive limit of 10 depositions per side and the Rule 33(a) limit of 25 interrogatories per party should apply and, if not, the reasons why; x. the depositions that need to be taken, and in what sequence; xi. the dates by which initial focused or targeted discovery will be completed, and by which fact discovery and expert discovery will be completed; xii. whether the case is likely to generate a motion to dismiss, a motion for summary judgment, or other dispositive motion; the best dates for filing and responding to those motions; and how those motions should affect the pretrial schedule and discovery plan; xiii. the most promising approach and timing for settlement efforts; xiv. any other matters pertinent to completing discovery; xv. when the case will be ready for trial; xvi. how long the trial is likely to take; and xvii. any other matters appropriately addressed in the Joint Discovery/Case-Management Plan and proposed Scheduling and Docket Control Order.
Discovery requests must meet Rule 26(b)(1) relevance/proportionality; objections must be specific, with no boilerplate or general objections permitted.
Court's wording
All parties are expected to frame their interrogatories, document requests, deposition notices, and requests for admission to meet the relevance and proportionality requirements of Rule 26(b)(1). Parties may not ask for more than what is needed for the case, or object and refuse to produce what is needed for the case, for strategic or tactical reasons. Boilerplate objections in response to discovery requests are prohibited. Parties may not simply raise or list rote or general objections. Parties may not include a “Preamble” or a “General Objections” section stating that the party objects to the discovery request “to the extent that” it is vague, ambiguous, overly broad, or unduly burdensome. Instead, as the 2015 Civil Rule amendments make clear, objections to discovery requests must be specific
Briefs must include a table of contents, table of citations, proceeding stage statement, issues and standard of review, argument summary, informative headings, and conclusion with relief sought.
- Document
- Brief
Must include
- •Table of contents
Court's wording
All briefs and memoranda must contain items (3), (4), pages of argument must contain all of the following: 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; 3. a short statement of the nature and stage of the proceeding; 4. a statement of the issues to be ruled on by the court and a short statement, supported by authority, of the standard of review for each issue; 5. a short summary of the argument; 6. informative headings identifying separate sections of the argument; and 7. a short conclusion stating the precise relief sought.
A party requesting oral argument or a hearing on a motion must do so in writing and explain why it would be helpful.
This ban on boilerplate or general objections is so useful for proportional discovery, it applies to all forms of discovery requests, not only Rule 34 requests for production.
Discovery responses must identify any information withheld based on objections and provide details about such withheld information.
Court's wording
A party may not object and state, “Subject to these objections and without waiving them, the response is as follows . . . .” Instead, the response must also specifically identify whether any information is withheld based on the objections and, if so, provide enough information about what is not produced to enable further inquiry if appropriate.
Discovery responses must state whether additional information will be produced later and provide the production date.
Court's wording
Similarly, a party may not merely state that some of the information is produced and more will be provided later. Instead, the party must state whether more information will be produced later, and when—either by the requested date or by another specified reasonable date.
Parties objecting to discovery requests and responding 'subject to objections' must indicate if the response is complete.
Court's wording
A party who objects to a discovery request and also responds “subject to the objections” must also indicate whether the response is complete, that is, whether additional information or documents would have been provided but for the objections.
Copies of any affidavits, deposition testimony, or other discovery referred to must be contained in the appendix.
For Jury Trials a. The parties must file a single proposed jury charge, including all instructions, definitions, and questions, with disputed items indicated and authority provided.
Joint Pretrial Orders must be signed by all counsel and unrepresented parties.
For All Trials and Evidentiary Hearings: a. exhibit list; b. objections to exhibits; and c. witness list.
Include
- •Exhibit list
For Nonjury Trials a. Proposed findings of fact and conclusions of law.
Even if the parties, in good faith, cannot agree on all instructions, definitions, or questions, the parties will nonetheless submit a single proposed charge.
Each disputed item is to be labeled to show which party is requesting the disputed language and authority relating to the disputed language should be provided.
The court will not consider ex parte applications for restraining orders unless the requirements of Rule 65(b) of the Federal Rules of Civil Procedures have been satisfied.
Joint discovery plan must certify all parties filed Disclosure of Interested Persons with filing dates.
Court's wording
Certify that all parties have filed the Disclosure of Interested Persons as directed in the Order for Conference and Disclosure of Interested Persons, listing the date of filing for original and any amendments.
If medical experts are needed, whether they are only treating physicians or also designated on other issues.
Any experts needed on issues other than attorneys’ fees.
When and to whom the defendant anticipates it may send interrogatories and requests for production.
Joint discovery plan must state expert designation and report deadlines for all parties.
Court's wording
When the plaintiff (or the party with the burden of proof on an issue) will be able to designate experts and provide the reports required by Rule 26(a)(2)(B), and when the opposing party will be able to designate responsive experts and to provide their reports.
Any threshold issues—such as limitations, jurisdiction, or immunity—that should be scheduled for early resolution, what discovery targeted to those issues may need to occur early, and how long this targeted discovery will take.
Joint discovery plans involving unincorporated entities must state every member's citizenship.
Include
- •State the citizenship of every member
Court's wording
In a case involving parties that are unincorporated entities, such as an LLC or LLP, state the citizenship of every member and file an affidavit or declaration setting out the citizenship of every member.
Of whom and by when the defendant anticipates taking oral depositions, and whether they can be done by remote means, such as by zoom.
Joint discovery plan must list plaintiff's anticipated expert depositions, completion dates, and remote feasibility.
Court's wording
List expert depositions the plaintiff (or the party with the burden of proof on an issue) anticipates taking and their anticipated completion date, and whether they can be done by remote means, such as by zoom. See Rule 26(a)(2)(B) (expert report).
State the date the planned discovery can reasonably be completed.
Describe the possibilities for a prompt settlement or resolution of the case that were discussed in your Rule 26(f) meeting or have emerged since then.
Of whom and by when the plaintiff anticipates taking oral depositions, and whether they can be done by remote means, such as by zoom.
If the parties are not agreed on a part of the discovery plan, describe the separate views and proposals of each party.
List expert depositions the opposing party anticipates taking and their anticipated completion date, and whether they can be done by remote means, such as by zoom. See Rule 26(a)(2)(B) (expert report).
Specify the discovery beyond initial disclosures that has been undertaken to date.
When and to whom the defendant anticipates sending interrogatories and requests for production.
List issues or matters, including discovery, that should be addressed at the conference.
Specify the number of hours it will likely take to present the evidence.
State whether a jury demand has been made and if it was made on time.
List the names, bar numbers, addresses, telephone numbers, and emails of all counsel and unrepresented parties.
Indicate the parties’ joint position on a trial before Judge Sam Sheldon.
List pending motions that may be ruled on at the initial pretrial and scheduling conference.
List other pending motions.
Include
- •List other pending motions
Joint Pretrial Orders must include Rule 26(a)(3) pretrial disclosures, plaintiff must file timely, and late filing may result in dismissal or sanctions.
Court's wording
The Joint Pretrial Order will contain the pretrial disclosures required by Rule 26(a)(3) of the Federal Rules of Civil Procedure. Plaintiff is responsible for timely filing the complete Joint Pretrial Order. Failure to file a Joint Pretrial Order timely may lead to dismissal or other sanction in accordance with the applicable rules.
Joint Pretrial Order must concisely list essential parties' contentions in separate paragraphs.
Court's wording
State concisely in separate paragraphs the contentions that are necessary to the relief sought in the case. A lengthy list of every “contention” is not helpful; include only those that are an essential basis for resolving the case.
Briefly set out why the court has jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state the problem.
List only those admitted facts necessary to the disposition and relief sought in the case, which require no proof.
List only those disputed facts necessary to the disposition and relief sought in the case.
List the parties, their respective counsel, and the addresses and telephone numbers of counsel (including e-mail addresses) in separate paragraphs.
List any pending motions.
Joint Pretrial Order must include a brief case statement with names, dates, places, parties' contentions, and issues to be resolved.
Court's wording
Give a brief statement of the case. The court may read this statement to the jury panel during the voir dire examination. Include names, dates, and places, and a brief statement of the parties’ contentions and the issues to be resolved at trial.
Include a statement as to the status of any settlement negotiations.
If a witness is to appear by deposition, cite the inclusive pages and lines to be read.
For jury trials include: Proposed questions for the voir dire examination.
Filing & Service rules
Electronic Filing Rules
Electronic filing is required in most cases, and counsel must register for the CM/ECF system.
Electronic filing is required in most cases. Counsel must register to use the court CM/ECF system.
Page 12 | Contact with Court Personnel
Exhibits must be filed on the court CM/ECF electronic filing system.
Two copies of exhibits must be provided to the case manager before or during trial, as well as filed on the court CM/ECF system.
Page 14 | 18. Courtroom Procedures
Filing Timing and Cure Windows
Objections to deposition testimony portions must cite the pages and lines and include supporting authority, and must be filed at least 7 days before trial.
Objections to those portions (citing pages and lines) with supporting authority must be filed at least 7 days before trial.
Civil cases
Page 2 | Witnesses
Exhibits listed in the final Joint Pretrial Order will be admitted unless opposing parties file written objections with authorities at least 7 days before trial.
The court will admit all exhibits listed in the final Joint Pretrial Order into evidence unless the opposing parties file written objections with authorities at least 7 days before trial.
Civil cases
Page 2 | Exhibits
Joint Discovery/Case-Management Plan must be filed 14 days before the Rule 16 Initial Pretrial Conference.
Before the date for filing the Joint Discovery/Case-Management Plan with the court, which is 14 days before the Rule 16 Initial Pretrial Conference is set, counsel and any unrepresented parties must meet to discuss the case and prepare the Joint Discovery/Case- Management Plan and Proposed Scheduling and Docket Control Order.
Page 4 | The Parties’ Rule 26(f) Meeting
Parties must file the Joint Discovery/Case-Management Plan and proposed Docket Control and Scheduling Order no later than 14 days before the scheduled Rule 16 Conference.
No later than 14 days before the Rule 16 Conference is scheduled, the parties must file the Joint Discovery/Case-Management Plan and the proposed Docket Control and Scheduling Order.
Page 6 | The Joint Discovery/Case-Management Plan and Proposed Scheduling and Docket Control Order > a. Timing
Docket call serves as the final pretrial conference unless counsel are notified otherwise.
Unless counsel are notified otherwise, the court will use docket call as a final pretrial conference.
Page 11 | Trial Settings
Exhibits in Joint Pretrial Order are admitted into evidence unless written objections are filed 7 days before trial.
The court will admit all exhibits listed in the Joint Pretrial Order into evidence unless opposing counsel files written objections supported by authority at least 7 days before trial.
Page 11 | Exhibits
Cases on the two-week trailing docket are subject to trial call on 48 hours notice.
The court maintains a two-week trailing docket during which a case is subject to call to trial on 48-hours notice.
Page 11 | Trial Settings
Objections to deposition portions must be filed at least 7 days before trial.
Objections to those portions (citing pages and lines) with supporting authority must be filed at least 7 days before trial.
Page 15 | 20. Depositions C
Closing papers must be filed within 30 days after settlement announcement.
Announcement of settlement must be followed by the closing papers within 30 days.
Page 16 | A. Settlements 2
Documents submitted within 7 calendar days of Docket Call will not be considered by the court.
No documents filed within 7 days of the Docket Call will be considered.
Page 23 | DOCKET CALL
Exhibits in final Joint Pretrial Order are admitted unless written objections with authorities are filed at least 7 days before trial.
The court will admit all exhibits listed in the final Joint Pretrial Order into evidence unless the opposing parties file written objections with authorities at least 7 days before trial.
Page 28 | Exhibits
The court holds docket call on the last Friday of each month.
The court generally holds docket call the last Friday of each month.
Page 11 | Trial Settings
Pending motions may be ruled on before or during docket call.
All pending motions may be ruled on before or at docket call.
Page 11 | Trial Settings
Service and Proof of Service Rules
A party requiring exhibit authentication must notify offering counsel in writing within 7 days after the exhibit is listed and made available, or authenticity may be deemed admitted.
All parties requiring authentication of an exhibit must notify the offering counsel in writing within 7 days after the exhibit is listed and made available to opposing parties. Failure to do so may be deemed an admission of authenticity.
Civil cases
Page 2 | Exhibits
Plaintiffs must serve these Procedures and the Rule 16 scheduling order on all defendants and parties with the summons and complaint.
The plaintiff must serve these Procedures and the Order Scheduling Rule 16 Conference on all defendants and other parties, along with the summons and complaint.
Page 1 | These Procedures Must Be Served With The Summons And Complaint Or Removal Papers
Parties removing a case to this court must comply with the same service requirements as plaintiffs.
A party removing a case to this court has the same obligation as a plaintiff filing an original complaint.
Page 1 | These Procedures Must Be Served With The Summons And Complaint Or Removal Papers
Proof of service for these Procedures and Rule 16 order must be filed with the court.
Proof of service of these materials must be filed.
Page 1 | These Procedures Must Be Served With The Summons And Complaint Or Removal Papers
These Procedures must be served alongside the summons and complaint or removal papers.
These Procedures Must Be Served With The Summons And Complaint Or Removal Papers
Page 1 | These Procedures Must Be Served With The Summons And Complaint Or Removal Papers
Counsel must notify offering counsel in writing within 7 days of exhibit identification to require authentication, or risk admission of authenticity.
Any counsel requiring authentication of an exhibit must notify offering counsel in writing within 7 days after the exhibit is identified as a trial exhibit and made available for examination. Failure to do so may be deemed an admission of authenticity.
Page 11 | Exhibits
Emergency motions for immediate relief must be filed and emailed to the case manager, who must be informed of opposing party contact and availability.
Applications for restraining orders or for other immediate relief are to be filed and a copy emailed to the case manager. Counsel must inform the case manager if the opposing party has been contacted and whether and when all parties can be available for a conference before the court.
Page 12 | Emergencies
Any defendant who has not been served within 120 days after the complaint is filed may be dismissed, in accordance with Fed. R. Civ. P. 4.
Any defendant who has not been served within 120 days after the complaint is filed may be dismissed, in accordance with Fed. R. Civ. P. 4.
Page 16 | B. Orders of Dismissal
Parties must make all expected exhibits available for examination by opposing parties.
Each party will make the exhibits available for examination by the opposing parties.
Page 28 | Exhibits
Parties must notify offering counsel in writing within 7 days of exhibit listing if authentication is required, or risk admission of authenticity.
All parties requiring authentication of an exhibit must notify the offering counsel in writing within 7 days after the exhibit is listed and made available to opposing parties. Failure to do so may be deemed an admission of authenticity.
Page 28 | Exhibits
Deposition transcripts or portions thereof may be designated either (a) when the testimony is recorded, or (b) by written notice to all counsel of record, given within ten business days after the Designating Person’s receipt of the transcript in which case all counsel receiving such notice shall be responsible for marking the copies of the designated transcript or portion thereof in their possession or control as directed by the Designating Person.
Deposition transcripts or portions thereof may be designated either (a) when the testimony is recorded, or (b) by written notice to all counsel of record, given within ten business days after the Designating Person’s receipt of the transcript in which case all counsel receiving such notice shall be responsible for marking the copies of the designated transcript or portion thereof in their possession or control as directed by the Designating Person.
Civil cases
Page 9
Courtesy Copy Requirements
A courtesy copy of a filing longer than 50 pages should be sent to chambers.
A courtesy copy of a filing longer than 50 pages should be sent to chambers.
Page 9 | Courtesy Copies
Copies of urgent motions or matters that require prompt court attention may be sent to chambers, as well as filed with CM/ECF, with a transmittal letter stating why the court’s prompt attention is required.
Copies of urgent motions or matters that require prompt court attention may be sent to chambers, as well as filed with CM/ECF, with a transmittal letter stating why the court’s prompt attention is required.
Page 12 | Contact with Court Personnel
Two copies of exhibits must be provided to the case manager before or during trial, as well as filed on the court CM/ECF system.
Two copies of exhibits must be provided to the case manager before or during trial, as well as filed on the court CM/ECF system.
Page 14 | 18. Courtroom Procedures
Sealing & Redaction Procedures
Designated Material filed with the Court or made part of an official judicial proceeding is public and is not automatically sealed; a party must move to file it under seal, consistent with applicable law.
Any Designated Material which becomes part of an official judicial proceeding or which is filed with the Court is public. Such Designated Material will be sealed by the Court only upon motion and in accordance with applicable law. This Protective Order does not provide for the automatic sealing of such Designated Material. If it becomes necessary to file Designated Material with the Court, a party must move to file the Designated Material under seal.
Civil cases
Page 10
Confidential information filed with the Court must be filed and kept under seal to the extent permitted by law; the producing party must satisfy any additional court-required preconditions, and only confidential portions should be sealed when possible.
All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, must be filed under seal to the extent permitted by law (including without limitation any applicable rules of ===== PAGE 12 ===== court) and kept under seal until further order of the Court. To the extent the Court requires any further act by the parties as a precondition to the filing of documents underseal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it is the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. When possible, only confidential portions of filings with the Court are to be filed under seal
Civil cases
Page 12 | Paragraph 8
Documents subject to confidential treatment or disclosing Confidential Information must be filed under seal, kept sealed until court order, with only confidential parts sealed if possible.
Documents or information filed with the court that is subject to confidential treatment under this Order, and any pleadings, motions, or other papers filed with the court disclosing any Confidential Information, must be filed under seal to the extent permitted by the law, rules, or court orders, and must be kept under seal until the court orders otherwise. To the extent the court requires any further act by the parties as a precondition to filing the documents or information under seal, the party filing the document or information is responsible for satisfying the requirements. If possible, only the confidential parts of documents of information filed with the court will be filed under seal.
Civil cases
Page 14
Filing Bundling Requirements
Proposed voir dire questions must be bundled with the Joint Pretrial Order.
Proposed voir dire questions must be submitted as part of the Joint Pretrial Order.
Page 15 | 19. Voir Dire
Pre-Motion Conference Requirements
Parties challenging Confidential Information designations must attempt good-faith dispute resolution before seeking court intervention.
If a party challenges another party’s Confidential Information designation, counsel must make a good-faith effort to resolve the dispute. If that is unsuccessful, the challenging party may seek resolution by the court.
Civil cases
Page 13
Pre-motion conference with court required before filing motions for disputed discovery or other pretrial matters, with 1-2 page agenda letter required.
Any party wishing to raise disputed discovery or other pretrial matters must arrange for a conference with the court before filing any motion, briefs, or accompanying materials. The party must email or fax the case manager, Glenda Hassan, and opposing counsel to arrange for a pre-motion conference. The email address is Glenda_Hassan@txs.uscourts.gov; the fax number is (713) 250-5213; and the telephone number is (713) 250-5516. The court will promptly schedule the pre-motion conference, generally within a few days after the request is made. The court may order counsel, and counsel may ask, to participate by Zoom or by other virtual link or telephone. The party seeking the conference must submit a one-to-two page letter to the court with copies to all counsel and unrepresented parties, identifying the disputes and setting out the issues to be addressed. This is not a brief and may not set out case law or argument. Instead, the letter is an agenda for the pre-motion conference. Opposing parties must respond in similar fashion before the Conference, with the same limits. The letters must include a written statement that counsel have conferred in a good-faith effort to resolve the issues but are unable to reach an agreement, or state the reason that the parties could not confer. To the extent possible, the disputed issues will be resolved at the pre-motion conference, without the need for a formal motion or response. If the court cannot resolve all or part of the issues raised without a written submission and response, the issues to be addressed and a filing schedule will be set in the conference.
Page 8 | Pre-Motion Conferences Required for Discovery and Other Pretrial Disputes
Any party wishing to make any discovery motions should arrange for a pre-motion conference with the court before the preparation and submission of any motion papers. That includes a motion to compel, to quash, or for protection.
Any party wishing to make any discovery motions should arrange for a pre-motion conference with the court before the preparation and submission of any motion papers. That includes a motion to compel, to quash, or for protection.
Page 23 | Additional orders relating to disclosures, discovery, or pretrial motions
Adjournment & Extension Requirements
Extension motions for discovery deadlines must be filed early enough for opposing counsel to respond before the original deadline.
Motions for extension of a discovery deadline must be filed far enough in advance of the deadline to enable opposing counsel to respond before the deadline.
Page 8 | Pre-Motion Conferences Required for Discovery and Other Pretrial Disputes
If a motion is pending and requires decision on an expedited basis or by a certain date, please advise the court in writing, setting out the reasons the motion requires prompt attention, such as an approaching docket call.
If a motion is pending and requires decision on an expedited basis or by a certain date, please advise the court in writing, setting out the reasons the motion requires prompt attention, such as an approaching docket call.
Page 9 | Agreements to Extend Submission Dates for Motions
Parties may agree to extend a motion-submission date without the court’s leave except when the extension violates a deadline imposed by a court order in the case (as opposed to the submission-date deadline set by applying the Local Rules). Counsel should immediately notify the case manager, in writing, of an agreement.
Parties may agree to extend a motion-submission date without the court’s leave except when the extension violates a deadline imposed by a court order in the case (as opposed to the submission-date deadline set by applying the Local Rules). Counsel should immediately notify the case manager, in writing, of an agreement.
Page 9 | Agreements to Extend Submission Dates for Motions
Continuances are not granted after trial is set unless the attorney has begun trial in another court.
Unless an attorney has actually begun trial in another court, prior trial settings will not cause a case to be continued or passed after the court has set it for trial.
Page 11 | Trial Settings
A trial will generally not be continued because a witness is unavailable. Counsel are expected to anticipate such possibilities and should be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.
A trial will generally not be continued because a witness is unavailable. Counsel are expected to anticipate such possibilities and should be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.
Page 13 | Continuances
Joint motions for continuances are not binding and are granted at the court's discretion.
Joint motions for continuances are not binding and will be granted at the court’s discretion.
Page 13 | Continuances
Cases not reached on their trial date will be reset as soon as practicable.
If a case is not reached for trial when set, it will be reset as soon as practicable.
Page 11 | Trial Settings
Motions to extend deadlines are not typically considered emergencies.
Motions to extend deadlines are generally not emergencies.
Page 12 | Emergencies
Vacation requests for court settings are respected if presented well in advance.
Vacation requests will be respected if presented well in advance of a court setting.
Page 13 | Continuances
Chambers Communication Rules
Counsel must email Judge Rosenthal’s case manager at least two business days before Rule 16 Conference to arrange virtual attendance; in-person may be required for substantive issues.
If counsel wants to attend the Rule 16 Conference by telephone, Zoom, or other virtual link, they must notify Judge Rosenthal’s case manager by email at Glenda_Hassan@txs.uscourts.gov. at least two business days before the Conference date to arrange. An in-person Rule 16 Conference may be required if substantive issues will be addressed.
Page 4 | The Court’s Requirements for Initial Pretrial Work
Counsel may not pass exhibits to the jury during trial without prior court permission.
Counsel will not pass exhibits to the jury during trial without obtaining permission in advance from the court.
Page 11 | Exhibits
Case-management correspondence must be addressed to case manager Glenda Hassan at the provided address or email.
Case-management correspondence or inquiries should be addressed to: Glenda Hassan Case Manager to Judge Lee H. Rosenthal United States District Clerk Post Office Box 61010 Houston, Texas 77208 E-mail: Glenda_Hassan@txs.uscourts.gov.
Page 12 | Contact with Court Personnel
Case-related telephone or e-mail inquiries should be made to the case manager, Glenda_Hassan. The telephone number is 713-250-5516; the e-mail address is Glenda_Hassan@txs.uscourts.gov. Inquiries should not be made to Judge Rosenthal’s secretary or law clerks.
Case-related telephone or e-mail inquiries should be made to the case manager, Glenda_Hassan. The telephone number is 713-250-5516; the e-mail address is Glenda_Hassan@txs.uscourts.gov. Inquiries should not be made to Judge Rosenthal’s secretary or law clerks.
Page 12 | Contact with Court Personnel
Inquiries about motions and the case status should be in writing unless time does not permit.
Inquiries about motions and the case status should be in writing unless time does not permit.
Page 12 | Contact with Court Personnel
Substantive issues may not be argued in letters to the court; such letters may be docketed.
Do not argue substantive issues in letters sent to the court. However, letters may be docketed and included in the record.
Page 12 | Contact with Court Personnel
If out-of-town counsel want to participate in a conference by telephone, a written request should be made to the case manager well in advance of the hearing or conference date, with notice to other counsel of record and any unrepresented parties. The court will attempt to accommodate these requests. Telephone conferences are generally fine for scheduling conferences but often inadequate if substantive or complex issues must be addressed.
If out-of-town counsel want to participate in a conference by telephone, a written request should be made to the case manager well in advance of the hearing or conference date, with notice to other counsel of record and any unrepresented parties. The court will attempt to accommodate these requests. Telephone conferences are generally fine for scheduling conferences but often inadequate if substantive or complex issues must be addressed.
Page 13 | 16. Appearances
Judge's staff will not take telephone messages; cell phones must be silenced in court.
Telephone messages will not be taken by the judge’s staff. Cell phones must be silenced in the courtroom.
Page 14 | 18. Courtroom Procedures
Attorney conference rooms are available via request to case manager; counsel must return keys and clear materials post-trial.
Attorney conference rooms are available on request to the judge’s case manager. A key will be given to counsel by the court’s case manager for use throughout the trial, and counsel will be responsible for clearing the room of all materials and returning the key at the end of the trial.
Page 14 | 18. Courtroom Procedures
Counsel must arrange with case manager and security in advance to bring additional equipment.
Counsel must make advance arrangements with the case manager and the courthouse security to bring in additional equipment.
Page 14 | 17. Equipment
fax her at 713-250-5213 to arrange for a pre-motion conference.
fax her at 713-250-5213 to arrange for a pre-motion conference.
Page 23 | Additional orders relating to disclosures, discovery, or pretrial motions
Glenda Hassan, Case Manager to Judge Rosenthal, can be contacted at (713) 250-5516 (phone) or (713) 250-5213 (fax).
Glenda Hassan Case Manager United States District Clerk Post Office Box 61010 Houston, Texas 77208 (713) 250-5516 (Telephone) (713) 250-5213 (Fax)
Page 2 | COURT PROCEDURES
Judge Lee H. Rosenthal can be contacted at (713) 250-5980 (phone) or (713) 250-5213 (fax) at the Houston courthouse.
United States District Judge United States Courthouse 515 Rusk Street, Room 11535 Houston, Texas 77002 (713) 250-5980 (Telephone) (713) 250-5213 (Fax)
Page 2 | COURT PROCEDURES
Email case manager Glenda Hassan to schedule pre-motion conference.
The party must email or fax the case manager, Glenda Hassan, and opposing counsel to arrange for a pre-motion conference. The email address is Glenda_Hassan@txs.uscourts.gov; the fax number is (713) 250-5213; and the telephone number is (713) 250-5516.
Page 8 | Pre-Motion Conferences Required for Discovery and Other Pretrial Disputes
All admitted exhibits are provided to the jury during deliberations.
All admitted exhibits will go to the jury during its deliberations.
Page 11 | Exhibits
Filed documents and docket entries can be obtained via PACER or the District Clerk's Office at (713) 250-5500.
Information about filed documents, orders, or docket entries should be obtained online through PACER or from the United States District Clerk's Office at telephone number (713) 250-5500.
Page 12 | Contact with Court Personnel
Email Mrs. Hassan at the provided address to schedule pre-motion conferences.
Email Mrs. Hassan at Glenda_Hassan@txs.uscourts.gov. to arrange for a pre-motion conference.
Page 23 | Additional orders relating to disclosures, discovery, or pretrial motions
Junior Lawyer Participation Incentives
Today there are fewer opportunities for lawyers to speak in court. This is particularly true for lawyers with less than five to seven years of experience. The court strongly encourages every more experienced senior or supervisory lawyer and their clients to allow less experienced lawyers to have the primary or only speaking roles in pretrial conferences, arguments on motions or in pre-motion conferences, and in trials and other proceedings when evidence and arguments are presented. This opportunity is particularly important and appropriate when the less experienced lawyer has drafted or contributed significantly to the underlying motion or response or to the trial or hearing preparation. The court understands that in some circumstances, it is not appropriate to allow a less experienced lawyer such a prominent role. If the only lawyer who drafted or substantially prepared the motion, brief, or evidentiary presentation is the senior lawyer, or if the motion is dispositive in a “bet-the-company” case, litigants may justifiably want the senior lawyer to do all or most of the in-court talking. But in all but these cases, it is crucial to provide substantive speaking opportunities to less experienced lawyers. The court strongly encourages all lawyers and their clients to do so. The court will take this into consideration in deciding whether to grant requests for oral argument on motions or issues that the court would usually or otherwise decide on the papers.
Today there are fewer opportunities for lawyers to speak in court. This is particularly true for lawyers with less than five to seven years of experience. The court strongly encourages every more experienced senior or supervisory lawyer and their clients to allow less experienced lawyers to have the primary or only speaking roles in pretrial conferences, arguments on motions or in pre-motion conferences, and in trials and other proceedings when evidence and arguments are presented. This opportunity is particularly important and appropriate when the less experienced lawyer has drafted or contributed significantly to the underlying motion or response or to the trial or hearing preparation. The court understands that in some circumstances, it is not appropriate to allow a less experienced lawyer such a prominent role. If the only lawyer who drafted or substantially prepared the motion, brief, or evidentiary presentation is the senior lawyer, or if the motion is dispositive in a “bet-the-company” case, litigants may justifiably want the senior lawyer to do all or most of the in-court talking. But in all but these cases, it is crucial to provide substantive speaking opportunities to less experienced lawyers. The court strongly encourages all lawyers and their clients to do so. The court will take this into consideration in deciding whether to grant requests for oral argument on motions or issues that the court would usually or otherwise decide on the papers.
Page 13 | 16. Appearances