Judge Marina Garcia Marmolejo
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Exhibit
- 2 copies
Exhibits
- 2 copies
Filings > 10 pages
- Hand Delivery • Promptly
- Promptly
Joint Pretrial Order
- 1 copy • Upon Filing
Adjournments
- Motions for continuance must be filed at least THREE (3) business days prior to the date of the controlling deadline and will be granted only at the Court’s discretion. Motions for continuance filed on the date of the deadline, absent a showing of good cause, will not be granted.
- Continuance motions require 3 business days notice; joint motions are not binding and require agreed motion and proposed order.
- A trial will not be continued because of the unavailability of a witness. Counsel are expected to anticipate such possibilities and should be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.
- Scheduling Order deadlines may only be modified by leave of court upon showing good cause, and parties must submit recommendations for adjusting all subsequent dates when requesting a change.
- Parties may agree to extend motion submission deadlines with prompt written notice and proposed order; extensions violating court deadlines require approval.
- +4 more
Request must include
Communication
Chambers
Phone
Clerk
Phone
Chambers
Fax
Chambers
Page & Word Limits7 rules
Without leave of Court, all memoranda of law are limited to 25 pages, 12-point type font, double-spaced, with 1" margins.
- Memorandum of law
- Up to 25 pages
- Format
- Double-spaced; 12-point; 1-inch margins
Exception
More pages with leave of court
Copies of supporting affidavits, deposition testimony excerpts, and other discovery referred to in the briefs should be separately filed in one or more appendices of no more than 40 pages each.
- Appendix
- Up to 40 pages
Without leave of Court, all memoranda of law are limited to 25 pages
- Page limit
- Up to 25 pages
Exception
More pages with leave of court
Without leave of Court, all memoranda of law are limited to 25 pages, 12-point font, double-spaced, with 1" margins.
- Page limit
- Up to 25 pages
- Format
- Double-spaced; 12-point; 1-inch margins
- Brief
Exception
More pages with leave of court
Without leave of Court, all memoranda of law are limited to 25 pages, 12-point font, double-spaced, with 1” margins.
- Page limit
- Up to 25 pages
- Format
- Double-spaced; 12-point; 1-inch margins
Exception
More pages with leave of court
Without leave of Court, all memoranda of law are limited to 25 pages, 12-point type font, double-spaced, with 1" margins.
- Memorandum of law
- Up to 25 pages
- Format
- Double-spaced; 12-point; 1-inch margins
Exception
More pages with leave of court
Copies of supporting affidavits, deposition testimony excerpts, and other discovery referred to in the briefs should be separately filed in one or more appendices of no more than 40 pages each.
- Appendix
- Up to 40 pages
Document Format Requirements16 rules
Conventionally filed (i.e., not electronically) appendices and all courtesy copies should be tabbed at the right margin to facilitate location of the materials cited.
- Appendix
Formatting
- •Conventionally filed (non-electronic) only
- •Tabbed at right margin
Proposed Findings of Fact (electronically in Corel WordPerfect X3 or higher, or Microsoft Word). Counsel are strongly encouraged to include references to testimony and exhibits that support each proposed finding;
- File type
- WordPerfect
- Proposed findings of fact
Proposed Conclusions of Law (electronically in Corel WordPerfect, X3 or higher, or Microsoft Word). Each proposed conclusion of law shall contain citation to legal authority supporting the conclusions;
- File type
- WordPerfect
- Proposed conclusions of law
Parties must mark their exhibits to include the date and case number on each.
- Exhibits
Formatting
- •Mark each exhibit with date and case number
12-point font, double-spaced, with 1” margins
- Font size
- 12 points
- Line spacing
- Double
- Margins
- 1 inch
Proposed Conclusions of Law (electronically in Corel WordPerfect X3 or higher, or Microsoft Word).
Proposed Findings of Fact (electronically in Corel WordPerfect X3 or higher, or Microsoft Word). The Court strongly encourages counsel to reference testimony and exhibits that support each proposed finding of fact;
Exhibits must be submitted via JERS on single storage device to Case Manager by noon day before trial; JERS is only allowed method.
Court's wording
The Court will use the Jury Evidence Recording System (JERS) to capture evidence electronically during the trial. This is the only method by which evidence may be submitted, and the parties must submit all files on a single storage device to the Case Manager by noon on the day before trial. For further instructions on the proper use of JERS, including the acceptable storage devices, file formats, and naming conventions, refer to the Court’s JERS information page on the Court’s website.
For Non-Jury Trials, each party must file: 1) Proposed Findings of Fact (electronically in Corel WordPerfect X3 or higher, or Microsoft Word).
- File type
- WordPerfect
- Proposed findings of fact
Formatting
- •Microsoft Word format also accepted
- •Must be submitted electronically
Proposed Conclusions of Law (electronically in Corel WordPerfect X3 or higher, or Microsoft Word).
- File type
- WordPerfect
- Proposed conclusions of law
Proposed Findings of Fact (electronically in Corel WordPerfect X3 or higher, or Microsoft Word). The Court strongly encourages counsel to reference testimony and exhibits that support each proposed finding of fact;
- File type
- WordPerfect
- Proposed findings of fact
JERS is the only accepted method for electronic evidence submission; files must be submitted on single storage device to Judicial Assistant by noon day before trial.
Court's wording
The Court will use the Jury Evidence Recording System (JERS) to capture evidence electronically during the trial. This is the only method by which evidence may be submitted, and the parties must submit all files on a single storage device to the Judicial Assistant by noon on the day before trial. For further instructions on the proper use of JERS, including the acceptable storage devices, file formats, and naming conventions, refer to the Court’s JERS information page on the Court’s website.
Conventionally filed (i.e., not electronically) appendices and all courtesy copies should be tabbed at the right margin to facilitate location of the materials cited.
- Appendix
- Courtesy copy
Formatting
- •Tabbed at right margin
Proposed Findings of Fact must be filed electronically in Corel WordPerfect X3 or higher or Microsoft Word.
- Proposed findings of fact
Formatting
- •Allowed file formats: Corel WordPerfect X3 or higher, Microsoft Word
Court's wording
Proposed Findings of Fact (electronically in Corel WordPerfect X3 or higher, or Microsoft Word). Counsel are strongly encouraged to include references to testimony and exhibits that support each proposed finding;
Proposed Conclusions of Law (electronically in Corel WordPerfect, X3 or higher, or Microsoft Word). Each proposed conclusion of law shall contain citation to legal authority supporting the conclusions;
- Proposed conclusions of law
Formatting
- •Allowed file formats: Corel WordPerfect X3 or higher, Microsoft Word
- •Each proposed conclusion must include citation to legal authority supporting the conclusion
Each proposed voir dire question must be in question form.
Document Filing Requirements132 rules
Parties must file copies of all letters.
Restraining order applications require counsel’s affirmation of opposing party contact or explanation of why contact is not legally required.
Court's wording
Such applications shall be presented to the Court by the Judicial Assistant following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the Court, or an explanation of why such contact is not legally required.
Parties must notify the Court of agreed continuances by submitting an agreed motion and proposed order.
- Document
- Motion
Must include
- •Proposed order
- •Agreed motion
Pro hac vice admission motions must include an averment that the applicant has familiarized themselves with the Local Rules and these Procedures.
Court's wording
Motions for admission pro hac vice shall include the attorney applicant’s averment that he or she has familiarized him/herself with the Local Rules of the Southern District of Texas and these Procedures applicable to civil cases before Judge Garcia Marmolejo.
All motions, except summary judgment motions 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
Sealed civil pleadings must include “SEALED” in the title; docketing as “SEALED DOCUMENT” alone requires advance court permission.
Court's wording
All pleadings or other documents filed under seal in a civil case must be identified as “SEALED” in the title of the document. For example, a motion for summary judgment filed under seal must be docketed as “MOTION for Summary Judgment (SEALED).” No pleading may be filed for docketing simply as “SEALED DOCUMENT” without advance permission of the Court.
Every non-dispositive motion must contain a certificate of conference. Failure to comply may result in the party’s pleading being denied or stricken.
- Document
- Non-dispositive motion
Must include
- •Certificate of conference
Discovery or scheduling dispute motions must include a certificate of conference and details of prior discussions, including date, time, place, participants, and summary of results.
- Document
- Discovery motion
Must include
- •Certificate of conference
Court's wording
If counsel for the parties are unable to reach an agreement, the motion MUST contain a certificate of conference pursuant to SDTX LR 7.1D and Section 6.A.2 above and specify the date, time, and place of the parties’ prior out-of-court discovery or scheduling discussion(s), the names of all counsel that participated in the discussion(s), and a brief summary of the results of the discussion(s).
Memoranda with over 10 pages of argument must include a table of contents and table of authorities.
- Document
- Memorandum of law
Must include
- •Table of contents
Court's wording
Any memorandum that has more than ten (10) pages of argument must contain the following eight (8) 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) an alphabetically arranged table of all citations to cases, statutes, rules, textbooks, and other authorities that appear in memorandum;
All appendices should contain a table of contents.
- Document
- Appendix
Should include
- •Table of contents
Memoranda of law must include a statement of issues with standard of review, argument summary, argument headings, conclusion with relief, and proposed orders (except for summary judgment motions).
Include
- •Proposed order
Court's wording
4) a statement of the issues to be ruled on by the Court and, with respect to each issue, a short statement (supported by authority) of the standard of review; 5) a short summary of the argument; 6) succinct headings dividing the argument into separate points; 7) a short conclusion stating the precise relief sought; and 8) proposed orders (except on summary judgment motions).
The parties must file a single, joint proposed jury charge, including all necessary instructions, definitions, and questions.
Designation of deposition excerpts for witnesses being called by deposition. A copy of each deposition excerpt must be provided to the Court.
Objections, if any, to an opponent’s exhibits, witnesses, or deposition excerpts must be filed within fourteen (14) calendar days prior to the scheduled trial date. This time limit supersedes LR 46.
Exhibit List (see attached form, also available at the Court’s website).
Witness List for live witnesses (see attached form, also available at the Court’s website).
If Plaintiff fails to file the Joint Pretrial Order, then Defendant is responsible for filing Defendant’s portions of a Proposed Pretrial Order in the Joint Pretrial Order format.
The parties shall submit a trial memorandum of law addressing the law governing the case and all contested issues.
The memorandum of law, proposed findings, and proposed conclusions should, at a minimum, address the following: (1) the prima facie elements of each cause of action and defense asserted, (2) legal definitions, (3)
Each requested instruction must be numbered and presented with authority.
Even if the parties cannot, after a good faith attempt, agree on all proposed instructions, definitions, and questions, the parties should nonetheless submit a single, unified charge. Each disputed instruction, definition, or question should be set out in bold type, underlined, or in italics and identified as disputed. Each disputed item should be labeled to show which party is requesting the disputed language. Accompanying each instruction shall be all authority or related materials upon which each party relies.
Proposed jury instructions must include minimum elements, use Fifth Circuit Pattern Jury Instructions, with deviations identified and supported by authority.
Court's wording
The instructions shall, at a minimum, 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. Counsel are to use the Fifth Circuit Pattern Jury Instructions, as modified by case law or statutory amendments, whenever possible. Any deviations must be identified and accompanied with legal authorities for the proposed deviation.
The offering party shall mark its name, the case number, and the exhibit number on each exhibit to be offered.
- Document
- Exhibit
Must include
- •Case number
Any differences between parties as to the response(s) to any matter must be set forth in this report.
Please restate each instruction in bold before furnishing the requested information.
2 The parties shall disclose the name, address, and vita of any expert witness, and shall serve the report required by Fed. R. Civ. P. 26(a)(2) by these deadlines. The parties must file their lists of proposed expert witnesses with the Court by the designation deadline, but should NOT file reports or other discovery materials.
Each party will attach two lists of all exhibits expected to be offered and will make the exhibits available for examination by opposing counsel.
Include
- •Exhibit list
Each party must file as a separate document (captioned, signed by counsel, and with service certified) these required attachments in duplicate.
- Document
- Pretrial attachment
Must include
- •Caption
Pro hac vice motion must include signed acknowledgment of strict compliance with Local Rules and judge's court procedures.
Court's wording
*I understand that the Court requires strict compliance with the Local Rules for the Southern District of Texas and the Court Procedures for District Judge Garcia Marmolejo, which are applicable to cases assigned to Judge Garcia Marmolejo. The rules are available by visiting the Court’s website.
Motion and Order for Admission Pro Hac Vice
Has applicant been sanctioned by any bar association or court? Yes No On a separate sheet for each sanction, please supply the full particulars.
Pro hac vice motions must include averment of familiarization with local rules and judge's criminal procedures.
Court's wording
Motions for admission pro hac vice shall include the attorney-applicant’s averment that he or she has familiarized him/herself with the Local Rules of the Southern District of Texas and these Procedures applicable to criminal cases before Judge Garcia Marmolejo. See attached form, also available at the Court’s website.
Agreements or joint motions among counsel for continuance are not binding on the Court. Parties must notify the Court of agreed continuances by submitting an agreed motion and proposed order.
- Document
- Agreed continuance motion
Must include
- •Proposed order
Any memorandum that has more than ten (10) pages of argument must contain the following eight (8) items.
Motions must include a certificate of conference with opposing counsel and unopposed motions must note that status in the caption.
- Document
- Motion
- Placement
- Caption
Must include
- •Unopposed
Court's wording
Motions must conform with CrLR12.2 and contain a certificate verifying that opposing counsel was consulted but no agreement could be reached. An unopposed motion and its order must be indicated prominently in the caption.
All memoranda of law must contain items 3, 4, 6, and 7 below.
If the motion presents issues of fact, it shall be supported by affidavit or declaration that sets forth with particularity the material facts at issue.
2) A table of citations of cases, statutes, rules, textbooks, and other authorities, alphabetically arranged.
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.
- Document
- Brief
Include
- •Table of contents
Exhibit and witness lists (the originals and THREE (3) copies of each) shall be provided to the Court at the hearing.
Motions to Suppress must be pleaded with specificity and not filed solely for discovery. They must also be in compliance with the Local Rules. Motions not in conformity therewith will be struck.
8) Proposed orders.
Include
- •Proposed order
A party should file proposed jury instructions only to request the addition or substitution of unique and/or non-standard instructions. Each requested instruction must be numbered and supported by authority.
Counsel must seek permission for potentially prohibited trial conduct via motion in limine; failure to do so may result in sanctions.
Court's wording
Additionally, if counsel harbors doubt as to whether his or her anticipated conduct at trial will violate the rules or expectations, counsel must seek permission to take that action in a motion in limine, Failure to ask permission prior to taking a potentially prohibited action may result in sanctions.
Each proposed conclusion of law will contain citation to legal authority supporting the conclusions.
All exhibits must be marked and exchanged among counsel prior to trial. The offering party will mark each of his/her own exhibits with the party=s name, case number, and exhibit number.
If more than five (5) business days are needed, a motion to extend time to file objections should be immediately filed. A sample proposed order is attached and is available on the Court’s website.
- Document
- Motion to extend time to file objections
Should include
- •Proposed order
Filing & Service rules
Electronic Filing Rules
Parties must file all documents electronically through the District Court's CM/ECF System in accordance with Local Rule 5.1 and the District's Administrative Procedures for CM/ECF.
The Court requires that parties file documents through the District Court's Case Management/Electronic Case Filing (CM/ECF) System. See Southern District of Texas Local Rule 5.1 (LR 5.1) and the District's Administrative Procedures for CM/ECF (as amended and available at www.txs.uscourts.gov).
Criminal cases
Page 2 | Contact with Court Personnel
Documents may not be faxed to the Court without express prior permission of the Court.
The documents may not be faxed without express prior permission of the Court.
Criminal cases
Page 3
All original documents must be filed through the CM/ECF system.
All original documents must be filed through the CM/ECF system.
Criminal cases
Page 12 | Courtroom Procedures
Delivering documents to the Judicial Assistant does not constitute filing them in the CM/ECF system.
Assistant does not constitute the filing of the documents in the CM/ECF system.
Criminal cases
Page 12 | Courtroom Procedures
Parties must file copies of all letters sent to the Court.
The parties must file copies of all letters.
Criminal cases
Page 2 | Contact with Court Personnel
Letters concerning discovery and scheduling matters must be filed in the docket.
Letters concerning discovery and scheduling matters must be filed in the docket.
Criminal cases
Page 3 | Courtesy Copies of Documents
Filing Timing and Cure Windows
Travel requests must be submitted to Chambers at least five business days before the controlling deadline (exceptions only for verifiable medical emergencies or funerals), and failure to comply absent good cause results in denial.
Travel requests must be submitted to Chambers a minimum of five (5) business days before the controlling deadline, with exceptions only for verifiable medical emergencies or funerals. Attorneys must also furnish Probation with both the request and documentary proof within the same five (5) business day timeframe, ensuring adequate time for Probation to verify and assess the request's merits. Requests will be granted at the Court's discretion. Failure to comply with this rule, absent good cause, will result in the request being denied.
Criminal cases
Page 3 | Emergencies and Travel
Motions to dismiss, sever, and for separate trial must be specific and brought to the Court's attention at least 30 days before jury selection.
All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and brought to the Court's attention at least thirty (30) days before jury selection.
Criminal cases
Page 6 | Motion Practice
Failure to file a timely response is deemed a concession of the issue presented absent a clear demonstration of good cause.
Absent a clear demonstration of good cause, the failure to file a timely response will be deemed a concession of the issue presented.
Criminal cases
Page 6 | Motion Practice - Response Deadline
The Government has 14 days to file a response to motions to suppress evidence, an exception to the general 7-day response deadline.
An exception to the general response deadline is made for motions to suppress evidence. The Government shall have fourteen (14) days to file a response.
Criminal cases
Page 6 | Motion Practice - Motion to Suppress Response Deadline
The opposing party must file a response within 7 days to any opposed filing requesting relief, regardless of how it is styled.
Any opposed filing requesting relief from the Court—whether styled as a motion, notice, advisory, or otherwise— triggers a duty for the opposing party to file a response within seven (7) days of filing.
Criminal cases
Page 6 | Motion Practice - Response Deadline
Counsel will be generally allowed fifteen (15) to thirty (30) minutes (depending on the complexity of the case) to conduct an examination of the venire, provided that the proposed voir dire questions are submitted in advance to the Court.
Counsel will be generally allowed fifteen (15) to thirty (30) minutes (depending on the complexity of the case) to conduct an examination of the venire, provided that the proposed voir dire questions are submitted in advance to the Court.
Criminal cases
Page 8 | REQUIRED TRIAL MATERIALS
Objections to exhibits must be filed within 7 calendar days after the exhibit is listed and made available and at least 7 days before trial, and failure to object in writing in advance of trial concedes authenticity.
Objections to Exhibits, if any, must be filed within seven (7) calendar days after the exhibit is listed and made available and at least seven (7) days before trial. Failure to object in advance of trial in writing concedes authenticity. See CrLR55.2(A) and (B).
Criminal cases
Page 8 | REQUIRED TRIAL MATERIALS
Defense and government counsel must submit written objections or a written statement of non-opposition to the U.S. Probation Office within 14 days of receiving the PSI Report.
The attorney for the Defendant and the attorney for the Government shall submit either written objections or a written statement of non-opposition to the U.S. Probation Office and serve the same on opposing counsel within fourteen (14) days of receiving the PSI Report.
Criminal cases
Page 13 | Sentencing Procedures - Responses to PSI Report
The Court sets a deadline for completion of the PSI Report; counsel, not the U.S. Probation Office, is responsible for obtaining it and will not be further notified of its completion.
The Court will set a deadline for completion of the Presentence Investigation ("PSI") Report by the U.S. Probation Office. It is the responsibility of counsel to obtain the PSI Report. The U.S. Probation Office is not required to further advise counsel of the completion of the PSI Report.
Criminal cases
Page 13 | Sentencing Procedures - PSI Report Completion Deadline
Failure to timely file PSI objections triggers a show cause hearing, and while late objections will not be held against defendants, the Court may impose monetary sanctions on counsel.
The Court admonishes counsel that the failure to timely file objections will result in a show cause hearing where counsel will be asked to explain why the Court's deadline could not be met and why a motion to extend time to file objections was not filed. While late-filed objections will not be held against the Defendant(s), the Court may impose monetary sanctions against counsel for not complying with the rules.
Criminal cases
Page 14 | Sentencing Procedures - Responses to PSI Report
Absent clear good cause, failure to timely respond to a non-frivolous PSI objection concedes the issue; no response is required for objections foreclosed by binding precedent and filed merely to preserve the issue.
Absent a clear demonstration of good cause, a party's failure to timely respond and dispute the objections filed by opposing counsel concedes the issue so long as the objection is non-frivolous. An objection is frivolous, for example, if it is foreclosed by binding precedent, unless it is merely filed to preserve the issue for further review. A party is not required to respond to objections foreclosed by binding precedent and filed to preserve the issue.
Criminal cases
Page 14 | Sentencing Procedures - Responses to PSI Report
Opposing counsel must file a written response to PSI Report objections within 14 calendar days of receiving them.
No later than fourteen (14) calendar days after receiving a party's objections to the PSI Report, opposing counsel shall file a written response to the objections.
Criminal cases
Page 14 | Sentencing Procedures - Responses to PSI Report
The U.S. Probation Office must incorporate the Paroline findings into the defendant's PSI within 14 days of the Government's filing of its Paroline memorandum.
The U.S. Probation Office must incorporate the Paroline findings into the defendant’s PSI within fourteen (14) days of the Government’s filing of the memorandum.
Criminal cases
Page 15 | G. 18 U.S.C. § 2259 Restitution
The Government must file its Paroline restitution memorandum within 30 days of receipt of the identifiable victims requesting restitution.
Upon receipt of the identifiable victims requesting restitution, the Government must file its Paroline v. United States, 572 U.S. 434 (2014) memorandum within thirty 30 days.
Criminal cases
Page 15 | G. 18 U.S.C. § 2259 Restitution
Sentencing memoranda with pertinent attachments (e.g., letters and photographs) for § 3553(a) variance consideration must be filed within 14 calendar days of receiving the PSI Report.
(14) calendar days of receiving the PSI Report, any sentencing memorandum with any pertinent attachments—such as letters and photographs—for consideration of variances under 18 U.S.C. § 3553(a).
Criminal cases
Page 15 | Sentencing Procedures
Safety valve debriefs in applicable drug offenses must be completed no later than one week before the PSI Report disclosure date.
“Safety Valve” Debriefs in applicable drug offenses pursuant to 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2, must be completed no later than one week prior to the PSI Report disclosure date.
Criminal cases
Page 15 | F. Safety Valve Debriefs
In child sexual abuse material cases, the Government has 90 days from the date of conviction to identify victims seeking restitution using the CIR, VIR, or other investigative tools.
In child sexual abuse material cases, the Government shall be afforded ninety (90) days from the date of the defendant’s conviction to identify victims seeking restitution using the Child Identification Report (CIR) or the Victim Identification Report (VIR), which are prepared by the National Center for Missing and Exploited Children (NCMEC), or any other investigative tools at its disposal.
Criminal cases
Page 15 | G. 18 U.S.C. § 2259 Restitution
The U.S. Probation Office must submit the final PSI report, with an addendum of unresolved objections and the officer's comments, to the Sentencing Judge within 14 calendar days of receiving the parties' responses.
No later than fourteen (14) calendar days after receiving the responses from the parties, the U.S. Probation Office shall complete and submit to the Sentencing Judge the final report, together with an addendum describing any objections that have not been resolved, and the officer's comments thereon.
Criminal cases
Page 14 | Sentencing Procedures - Responses to PSI Report
Service and Proof of Service Rules
Service copies must be transmitted to all counsel of record simultaneously with (or prior to) and in the same manner as the document is transmitted to the Court.
Service copies must be transmitted to all counsel of record simultaneously with (or prior to) and in the same manner as the document is transmitted to the Court.
Criminal cases
Page 3
Objections or statements of non-opposition to the PSI Report must be served on opposing counsel within 14 days of receiving the PSI Report.
The attorney for the Defendant and the attorney for the Government shall submit either written objections or a written statement of non-opposition to the U.S. Probation Office and serve the same on opposing counsel within fourteen (14) days of receiving the PSI Report.
Criminal cases
Page 13 | Sentencing Procedures - Responses to PSI Report
The Government's attorney must timely notify the U.S. Probation Office of any safety valve recommendations before the disclosure deadline.
The attorney for the Government shall timely notify the U.S. Probation Office of any recommendations prior to the disclosure deadline.
Criminal cases
Page 15 | F. Safety Valve Debriefs
Email correspondence with the Court should copy all other counsel of record and may be docketed at the Court's discretion.
Email correspondence with the Court should copy all other counsel appearing in the case and will be docketed at the Court's discretion.
Criminal cases
Page 2 | Contact with Court Personnel
Attorneys must furnish Probation with the travel request and documentary proof within the same five business day timeframe before the controlling deadline.
Attorneys must also furnish Probation with both the request and documentary proof within the same five (5) business day timeframe, ensuring adequate time for Probation to verify and assess the request's merits.
Criminal cases
Page 3 | Emergencies and Travel
Copies of letters to the Court must be served on all parties prior to or at the time of filing.
Letters to the Court may be hand-delivered, sent by First Class Mail to Chambers, or transmitted by email, with copies to all parties served prior to or at the time of filing.
Criminal cases
Page 3 | Courtesy Copies of Documents
Courtesy Copy Requirements
Courtesy copies required promptly for documents over 10 pages (including exhibits/attachments) and documents for matters to be heard within 7 days of filing; email and fax prohibited unless authorized.
The parties must forward promptly to Chambers courtesy copies of (i) all documents that exceed ten (10) pages in length, including exhibits and attachments, and (ii) documents pertaining to matters to be heard by the Court within seven (7) days after the documents are filed. Unless this rule is followed, the Court will not consider any documents filed within seven (7) days of any Court appearance. Do not fax or email copies of documents to Chambers unless specifically authorized to do so by the Court.
Civil cases
Page 3 | COURTESY COPIES OF DOCUMENTS
Plaintiff must deliver one courtesy copy of the Joint Pretrial Order with all attachments to Chambers upon filing.
Plaintiff must deliver to Court’s Chambers a courtesy copy of the Joint Pretrial Order with all attachments.
Civil cases
Page 9 | Required Trial Materials (including Pretrial Orders)
Parties must submit two tabbed, indexed sets of exhibits to the Court for use at trial.
The parties must provide the Court with two (2) complete sets of exhibits for use at trial in a properly tabbed and indexed notebook.
Civil cases
Page 11 | 12. EXHIBITS D
Copy of emergency motion must be sent to Chambers after electronic filing; matter brought to Court's attention promptly.
A copy of emergency motions must be sent directly to Chambers after their electronic filing. Counsel should bring the matter to the Court’s attention promptly.
Criminal cases
Page 3 | EMERGENCIES AND TRAVEL
Courtesy copies of documents over 10 pages (including exhibits/attachments) must be sent promptly to Chambers.
The parties must forward promptly to Chambers courtesy copies of (i) all documents that exceed ten (10) pages in length, including exhibits and attachments
Criminal cases
Page 3 | COURTESY COPIES OF DOCUMENTS
(ii) documents pertaining to matters to be heard by the Court within seven (7) days after the document is filed.
(ii) documents pertaining to matters to be heard by the Court within seven (7) days after the document is filed.
Criminal cases
Page 3 | COURTESY COPIES OF DOCUMENTS
Three courtesy copies of the exhibit list must be provided to the Court at trial or hearing.
three (3) courtesy copies must be provided to the Court at the trial and/or hearing for distribution to all parties.
Criminal cases
Page 8 | REQUIRED TRIAL MATERIALS
Three courtesy copies required for proposed voir dire questions.
THREE (3) courtesy copies of any proposed voir dire questions.
Criminal cases
Page 9 | Required Trial Materials
Two tabbed and indexed copies of exhibits required for the Court.
Counsel for each party is required to provide the Court with two (2) copies of that party=s exhibits in a properly tabbed and indexed notebook.
Criminal cases
Page 10 | PROCEDURES FOR JURY TRIALS
Parties must promptly forward courtesy copies to Chambers of documents pertaining to matters to be heard by the Court within seven days after the document is filed; absent compliance, the Court will not consider documents filed within seven days of a court appearance.
The parties must forward promptly to Chambers courtesy copies of (i) all documents that exceed ten (10) pages in length, including exhibits and attachments, and (ii) documents pertaining to matters to be heard by the Court within seven (7) days after the document is filed. Unless this rule is followed, the Court will not consider any documents filed within seven (7) days of any court appearance.
Criminal cases
Page 3 | Courtesy Copies of Documents
A copy of emergency motions must be sent directly to Chambers after electronic filing, and counsel should bring the matter to the Court's attention promptly.
A copy of emergency motions must be sent directly to Chambers after their electronic filing. Counsel should bring the matter to the Court's attention promptly.
Criminal cases
Page 3 | Emergencies and Travel
Parties must promptly forward courtesy copies to Chambers of all documents exceeding 10 pages (including exhibits and attachments); if not followed, the Court will not consider documents filed within seven days of a court appearance, and copies may not be faxed or emailed to Chambers absent specific authorization.
The parties must forward promptly to Chambers courtesy copies of (i) all documents that exceed ten (10) pages in length, including exhibits and attachments, and (ii) documents pertaining to matters to be heard by the Court within seven (7) days after the document is filed. Unless this rule is followed, the Court will not consider any documents filed within seven (7) days of any court appearance. Do not fax or email copies of documents to Chambers unless specifically authorized to do so by the Court.
Criminal cases
Page 3 | Courtesy Copies of Documents
Exhibit and witness lists must be provided to the Court at the hearing in the original plus three copies.
Exhibit and witness lists (the originals and THREE (3) copies of each) shall be provided to the Court at the hearing.
Criminal cases
Page 6 | Motion Practice
Counsel must provide three courtesy copies of any proposed voir dire questions in addition to filing the original.
Counsel must file an original copy of any proposed voir dire questions according to Local Rules. Counsel must also provide THREE (3) courtesy copies of any proposed voir dire questions.
Criminal cases
Page 8 | REQUIRED TRIAL MATERIALS
Three courtesy copies of the exhibit list must be provided to the Court at the trial and/or hearing for distribution to all parties.
Exhibit List (see attached form, also available on the Court’s website). Original must be filed in accordance with Local Rules; three (3) courtesy copies must be provided to the Court at the trial and/or hearing for distribution to all parties.
Criminal cases
Page 8 | REQUIRED TRIAL MATERIALS
Three courtesy copies of the witness list must be provided to the Court at the trial and/or hearing for distribution to all parties.
Witness List for live witnesses (see attached form, also available on the Court’s website). Original must be filed in accordance with Local Rules; three (3) courtesy copies must be provided to the Court at the trial and/or hearing for distribution to all parties.
Criminal cases
Page 8 | REQUIRED TRIAL MATERIALS
Each party must provide the Court with two copies of its exhibits in a properly tabbed and indexed notebook.
Counsel for each party is required to provide the Court with two (2) copies of that party=s exhibits in a properly tabbed and indexed notebook.
Criminal cases
Page 10 | Procedures for Jury Trials
Courtesy copies of documents exceeding 10 pages (including exhibits/attachments) must be promptly delivered to Chambers; failure to comply results in Court not considering documents filed within 7 days of a court appearance.
The parties must forward promptly to Chambers courtesy copies of (i) all documents that exceed ten (10) pages in length, including exhibits and attachments, and (ii) documents pertaining to matters to be heard by the Court within seven (7) days after the document is filed. Unless this rule is followed, the Court will not consider any documents filed within seven (7) days of any court appearance. Do not fax or email copies of documents to Chambers unless specifically authorized to do so by the Court.
Criminal cases
Page 3 | COURTESY COPIES OF DOCUMENTS
A copy of emergency motions must be sent directly to Chambers after electronic filing, with prompt notice to the Court.
A copy of emergency motions must be sent directly to Chambers after their electronic filing. Counsel should bring the matter to the Court’s attention promptly.
Criminal cases
Page 3 | EMERGENCIES AND TRAVEL
Exhibit and witness lists must be provided to the Court at evidentiary hearings with 3 copies each plus the original.
Exhibit and witness lists (the originals and THREE (3) copies of each) shall be provided to the Court at the hearing.
Criminal cases
Page 6 | Motion Practice C
Three courtesy copies of exhibit lists must be provided to the Court at trial or evidentiary hearing.
Exhibit List (see attached form, also available on the Court’s website). Original must be filed in accordance with Local Rules; three (3) courtesy copies must be provided to the Court at the trial and/or hearing for distribution to all parties.
Criminal cases
Page 8 | REQUIRED TRIAL MATERIALS
Three courtesy copies of witness lists for live witnesses must be provided to the Court at trial or evidentiary hearing.
Witness List for live witnesses (see attached form, also available on the Court’s website). Original must be filed in accordance with Local Rules; three (3) courtesy copies must be provided to the Court at the trial and/or hearing for distribution to all parties.
Criminal cases
Page 8 | REQUIRED TRIAL MATERIALS
Three courtesy copies are required for any proposed voir dire questions.
THREE (3) courtesy copies of any proposed voir dire questions.
Criminal cases
Page 9 | Required Trial Materials
Two tabbed and indexed copies of each party’s exhibits must be provided to the Court.
Counsel for each party is required to provide the Court with two (2) copies of that party=s exhibits in a properly tabbed and indexed notebook.
Criminal cases
Page 10 | Procedures for Jury Trials
Courtesy copies required for documents over 10 pages (including exhibits/attachments) and documents for matters to be heard within 7 days of filing; fax/email prohibited unless authorized.
The parties must forward promptly to Chambers courtesy copies of (i) all documents that exceed ten (10) pages in length, including exhibits and attachments, and (ii) documents pertaining to matters to be heard by the Court within seven (7) days after the documents are filed. Unless this rule is followed, the Court will not consider any documents filed within seven (7) days of any Court appearance. Do not fax or email copies of documents to Chambers unless specifically authorized to do so by the Court.
Civil cases
Page 3 | Courtesy Copies of Documents
Parties must provide the Court with two complete sets of exhibits for trial use, formatted in a tabbed and indexed notebook.
D. Copies of Exhibits. The parties must provide the Court with two (2) complete sets of exhibits for use at trial in a properly tabbed and indexed notebook.
Civil cases
Page 11 | EXHIBITS
Urgent documents (including letters) may be sent to Chambers via mail, email, or hand delivery with copies to all parties; service copies must be sent to counsel simultaneously with or before court transmission in the same method.
Copies of urgent documents (including letters) may be sent by First Class Mail, emailed, or hand-delivered to Chambers via the Court’s Judicial Assistant, with copies to all parties. (See Emergencies, Section 3 below.) Service copies must be transmitted to all counsel of record simultaneously with or prior to transmission to the Court and in the same manner as transmitted to the Court.
Civil cases
Page 2 | 1. Contact with Court Personnel
Duplicate copies of documents filed within two days before or during trial should be submitted to the Judicial Assistant.
Copies of documents filed within two (2) days prior to and during trial should be submitted to the Judicial Assistant in duplicate.
Criminal cases
Page 12 | Courtroom Procedures
Sealing & Redaction Procedures
Pleadings with personal data identifiers must comply with S.D. Texas General Order #2004-11 on personal privacy protection.
Any pleadings filed with the Court, including exhibits thereto, containing personal data identifiers must comply with the S.D. Texas General Order #2004-11 (available at the District’s website) on protecting personal privacy in public case files.
Civil cases
Page 5 | A. General Guidelines
Any exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11 (available at the District website).
Any exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11 (available at the District website).
Civil cases
Page 11 | 12. EXHIBITS A
Pleadings with personal data identifiers must comply with S.D. Texas General Order #2004-11 regarding personal privacy.
Any pleadings filed with the Court, including exhibits thereto, containing personal data identifiers must comply with the S.D. Texas General Order #2004-11 (available at the District’s website) on protecting personal privacy in public case files.
Criminal cases
Page 5 | MOTION PRACTICE
Exhibits with personal data identifiers must comply with S.D. Texas General Order #2004-11.
Any exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11 (available at the District website).
Criminal cases
Page 10 | PROCEDURES FOR JURY TRIALS
Pleadings and exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11 regarding personal privacy protections.
Any pleadings filed with the Court, including exhibits thereto, containing personal data identifiers must comply with the S.D. Texas General Order #2004-11 (available at the District’s website) on protecting personal privacy in public case files.
Criminal cases
Page 5 | Motion Practice A. General Guidelines 5
Exhibits with personal data identifiers must comply with S.D. Texas General Order #2004-11.
Any exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11 (available at the District website).
Criminal cases
Page 10 | Procedures for Jury Trials
Pleadings with personal data identifiers must comply with S.D. Texas General Order #2004-11 on personal privacy.
Any pleadings filed with the Court, including exhibits thereto, containing personal data identifiers must comply with the S.D. Texas General Order #2004-11 (available at the District’s website) on protecting personal privacy in public case files.
Civil cases
Page 5 | General Guidelines
Exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11.
Any exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11 (available at the District website).
Civil cases
Page 11 | EXHIBITS
Pleadings and exhibits containing personal data identifiers must comply with S.D. Tex. General Order #2004-11 on protecting personal privacy in public case files.
Any pleadings filed with the Court, including exhibits thereto, containing personal data identifiers must comply with the S.D. Texas General Order #2004-11 (available at the District's website) on protecting personal privacy in public case files.
Criminal cases
Page 5 | Motion Practice - General Guidelines
Exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11.
Any exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11 (available at the District website).
Criminal cases
Page 10 | Procedures for Jury Trials
Filing Bundling Requirements
Required pretrial attachments must be filed as separate documents, prohibiting bundling.
Each party must file as a separate document (captioned, signed by counsel, and with service certified) these required attachments in duplicate.
Civil cases
Page 22 | Attachments
Pre-Motion Conference Requirements
Counsel must confer with opposing counsel on all motions to reach agreement on requested relief.
Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreements on the relief to be requested by the movant.
Civil cases
Page 5 | A. General Guidelines
Opposed motions are considered after 28 days, with non-movant responses due in 21 days and replies in 7 days after response; court may consider earlier if needed.
Opposed motions generally will be considered by the Court after the expiration of 28 days from the motion filing date. Responses by the non-movant must be filed within 21 calendar days of the motion. The movant’s reply must be filed within 7 calendar days after the non-movant’s response. When circumstances dictate, the Court may consider a motion prior to expiration of the 28 day period.
Civil cases
Page 5 | A. General Guidelines
Counsel must confer in good faith to resolve discovery and scheduling disputes before seeking court intervention.
The Court believes that most discovery and schedule-related disputes, especially those dealing with (i) scheduling, (ii) the number, length, and form of oral and written questions, (iii) the responsiveness of answers to oral and written questions, and (iv) the mechanics of document productions, including protective orders and the proper method of raising claims of privilege, can be resolved by counsel without the intervention of the Court. Counsel are responsible for conferring in good faith to resolve discovery and scheduling disputes. See Section 6.A.1 above.
Civil cases
Page 6 | C. Discovery and Scheduling Disputes
Counsel must confer with opposing counsel on all motions to reach agreement on requested relief.
Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreement on the relief requested by the movant.
Criminal cases
Page 5 | MOTION PRACTICE
Motions to Dismiss, Sever, and for Separate Trial must be brought to the Court's attention at least 30 days before jury selection.
All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and brought to the Court’s attention at least thirty (30) days before jury selection.
Criminal cases
Page 6 | MOTION PRACTICE
Opposing parties must respond to opposed filings requesting relief within 7 days of filing.
Any opposed filing requesting relief from the Court—whether styled as a motion, notice, advisory, or otherwise— triggers a duty for the opposing party to file a response within seven (7) days of filing.
Criminal cases
Page 6 | MOTION PRACTICE
The Government has 14 days to respond to motions to suppress evidence.
response deadline is made for motions to suppress evidence. The Government shall have fourteen (14) days to file a response.
Criminal cases
Page 7 | MOTION PRACTICE
Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreement on the relief requested.
Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreement on the relief requested by the movant.
Criminal cases
Page 5 | Motion Practice - General Guidelines
Counsel must confer with opposing counsel on all motions to attempt to reach agreement before filing.
Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreement on the relief requested by the movant.
Criminal cases
Page 5 | Motion Practice A. General Guidelines 1
Motions to Dismiss, Sever, and for Separate Trial must be specific and filed at least 30 days before jury selection.
All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and brought to the Court’s attention at least thirty (30) days before jury selection.
Criminal cases
Page 6 | Motion Practice E
Opposed filings requesting relief trigger a 7-day response deadline for opposing parties.
Any opposed filing requesting relief from the Court—whether styled as a motion, notice, advisory, or otherwise— triggers a duty for the opposing party to file a response within seven (7) days of filing.
Criminal cases
Page 6 | Motion Practice G. Response Deadline
Government has 14 days to respond to motions to suppress evidence.
response deadline is made for motions to suppress evidence. The Government shall have fourteen (14) days to file a response.
Criminal cases
Page 7 | Motion Practice
Motions in limine optional for unique evidentiary disputes; court may strike boilerplate motions; counsel must seek permission for potentially prohibited trial conduct via motion in limine.
Motions in limine are not required but may be filed when a party seeks the Court’s ruling on a unique or novel evidentiary dispute. The Court strongly discourages and may strike motions in limine that simply seek to have the Court admonish the other party to follow the Federal Rules of Evidence and Criminal Procedure or other well-known rules of jury trial practice, all of which counsel must understand and follow. Additionally, if counsel harbors doubt as to whether his or her anticipated conduct at trial will violate the rules or expectations, counsel must seek permission to take that action in a motion in limine, Failure to ask permission prior to taking a potentially prohibited action may result in sanctions.
Criminal cases
Page 9 | Required Trial Materials
Opposed motions are considered 28 days after filing; non-movant responses due 21 days after motion, replies due 7 days after response.
Opposed motions generally will be considered by the Court after the expiration of 28 days from the motion filing date. Responses by the non-movant must be filed within 21 calendar days of the motion. The movant’s reply must be filed within 7 calendar days after the non-movant’s response.
Civil cases
Page 5 | General Guidelines
Counsel must confer with opposing counsel on all motions to reach agreement on requested relief.
Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreements on the relief to be requested by the movant.
Civil cases
Page 5 | General Guidelines
Counsel must confer in good faith to resolve discovery and scheduling disputes.
Counsel are responsible for conferring in good faith to resolve discovery and scheduling disputes.
Civil cases
Page 6 | Discovery and Scheduling Disputes
Oral argument requests for motions are not required; Case Manager will notify counsel if Court determines oral argument is beneficial.
Because most motions will be ruled on without an oral hearing, focused and clear motion papers are very important. 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.
Civil cases
Page 5 | General Guidelines
Adjournment & Extension Requirements
Motions for continuance must be filed at least THREE (3) business days prior to the date of the controlling deadline and will be granted only at the Court’s discretion. Motions for continuance filed on the date of the deadline, absent a showing of good cause, will not be granted.
Motions for continuance must be filed at least THREE (3) business days prior to the date of the controlling deadline and will be granted only at the Court’s discretion. Motions for continuance filed on the date of the deadline, absent a showing of good cause, will not be granted.
Civil cases
Page 3 | CONTINUANCES
Parties may agree to extend motion submission deadlines with prompt written notice and proposed order; extensions violating court deadlines require approval.
Parties may, by agreement, extend a motion submission day, but must give the Court prompt written notice of the agreement accompanied by a proposed order granting the extension. Parties’ agreed extensions in violation of a Court imposed deadline require Court approval.
Civil cases
Page 5 | A. General Guidelines
Scheduling Order deadlines may only be modified by leave of court upon showing good cause, and parties must submit recommendations for adjusting all subsequent dates when requesting a change.
The Scheduling Order will govern throughout the case. The Scheduling Order deadlines shall not be modified except by leave of this Court upon a showing of good cause. If a change to an existing Scheduling Order is requested, the parties shall submit recommendations for adjusting all dates in the Scheduling Order that follow the date the parties seek to modify.
Civil cases
Page 8 | Initial Pretrial Conferences and Scheduling Orders
Continuance motions must be filed at least 3 business days before controlling deadline; granted only at Court's discretion, denied if non-compliant without good cause.
Motions for continuance must be filed at least three (3) business days prior to date of the controlling deadline and will be granted only at the Court’s discretion. Motions for continuance that fail to comply with this rule, absent a showing of good cause, will not be granted.
Criminal cases
Page 4 | CONTINUANCES
Untimely responses without good cause are deemed concessions of the issue.
Absent a clear demonstration of good cause, the failure to file a timely response will be deemed a concession of the issue presented.
Criminal cases
Page 6 | MOTION PRACTICE
Continuances not granted for prior trial settings unless attorney has commenced trial in another court.
Unless an attorney has commenced trial in another court, prior trial settings will not cause a case to be continued.
Criminal cases
Page 9 | PROCEDURES FOR JURY TRIALS
Extensions for PSI objection filing deadlines up to 5 business days may be requested from Probation Office without court motion; longer extensions require immediate filing of motion to extend.
If additional time is required, counsel may request up to five (5) business days from the U.S. Probation Office without filing a formal motion with the Court. If more than five (5) business days are needed, a motion to extend time to file objections should be immediately filed.
Criminal cases
Page 14 | 12. SENTENCING PROCEDURES D. Responses to PSI Report 3) Extensions
Motions for continuance must be filed at least three business days before the controlling deadline and will be granted only at the Court's discretion; noncompliant motions, absent good cause, will not be granted.
Motions for continuance must be filed at least three (3) business days prior to date of the controlling deadline and will be granted only at the Court's discretion. Motions for continuance that fail to comply with this rule, absent a showing of good cause, will not be granted.
Criminal cases
Page 4 | Continuances
Counsel may request up to 5 business days' extension from the U.S. Probation Office without a formal motion; longer extensions require an immediately filed motion to extend time, for which a sample proposed order is available on the Court's website.
If additional time is required, counsel may request up to five (5) business days from the U.S. Probation Office without filing a formal motion with the Court. If more than five (5) business days are needed, a motion to extend time to file objections should be immediately filed. A sample proposed order is attached and is available on the Court's website.
Criminal cases
Page 14 | Sentencing Procedures - Responses to PSI Report
The Government must request an extension of the 90-day victim identification deadline no later than 3 business days before it expires, and absent extraordinary circumstances the Court will extend it by only 30 additional days.
If the Government cannot meet this deadline, it must request an extension no later than three (3) business days before the deadline’s expiration. Absent extraordinary circumstances, the Court will extend this deadline by an additional thirty (30) days only.
Criminal cases
Page 15 | G. 18 U.S.C. § 2259 Restitution
Continuance motions must be filed at least 3 business days before the controlling deadline, or will be denied absent good cause.
Motions for continuance must be filed at least three (3) business days prior to date of the controlling deadline and will be granted only at the Court’s discretion. Motions for continuance that fail to comply with this rule, absent a showing of good cause, will not be granted.
Criminal cases
Page 4 | CONTINUANCES
Trial continuances will not be granted due to witness unavailability.
A trial will not be continued because of the unavailability of a witness.
Criminal cases
Page 4 | CONTINUANCES
Extensions of response deadlines must be requested timely; failure to respond timely without good cause is deemed a concession of the issue.
If additional time is needed, the responding party must timely request an extension consistent with these rules. Absent a clear demonstration of good cause, the failure to file a timely response will be deemed a concession of the issue presented.
Criminal cases
Page 6 | Motion Practice G. Response Deadline 1-2
Counsel may request up to 5 business days extension for PSI objections from Probation Office without a motion; extensions exceeding 5 business days require filing a motion to extend.
If additional time is required, counsel may request up to five (5) business days from the U.S. Probation Office without filing a formal motion with the Court. If more than five (5) business days are needed, a motion to extend time to file objections should be immediately filed.
Criminal cases
Page 14 | 12. SENTENCING PROCEDURES D. Responses to PSI Report 3) Extensions
Continuance motions require 3 business days notice; joint motions are not binding and require agreed motion and proposed order.
Motions for continuance must be filed at least THREE (3) business days prior to the date of the controlling deadline and will be granted only at the Court’s discretion. Motions for continuance filed on the date of the deadline, absent a showing of good cause, will not be granted. B. Agreements or joint motions among counsel for continuance are not binding on the Court. Parties must notify the Court of agreed continuances by submitting an agreed motion and proposed order.
Civil cases
Page 3 | CONTINUANCES
Failure to appear at a scheduled setting may result in sanctions including dismissal for want of prosecution.
Failure to appear when notified of a setting may subject the attorney and/or his or her client to sanctions, including dismissal for want of prosecution and/or other appropriate order or judgment.
Civil cases
Page 4 | APPEARANCES
Agreed extensions of motion submission days require prompt written notice to court with proposed order; agreed extensions violating court deadlines need approval.
Parties may, by agreement, extend a motion submission day, but must give the Court prompt written notice of the agreement accompanied by a proposed order granting the extension. Parties’ agreed extensions in violation of a Court imposed deadline require Court approval.
Civil cases
Page 5 | General Guidelines
Scheduling Order deadlines may only be modified with court leave and a showing of good cause.
The Scheduling Order deadlines shall not be modified except by leave of this Court upon a showing of good cause.
Civil cases
Page 8 | Initial Pretrial Conferences and Scheduling Orders
A trial will not be continued because of the unavailability of a witness. 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 not be continued because of the unavailability of a witness. Counsel are expected to anticipate such possibilities and should be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.
Civil cases
Page 4 | CONTINUANCES
Trial continuances will not be granted due to witness unavailability.
A trial will not be continued because of the unavailability of a witness.
Criminal cases
Page 4 | CONTINUANCES
Responding parties needing more time must request an extension consistent with court rules.
If additional time is needed, the responding party must timely request an extension consistent with these rules.
Criminal cases
Page 6 | MOTION PRACTICE
A trial will not be continued because of the unavailability of a witness.
A trial will not be continued because of the unavailability of a witness.
Criminal cases
Page 4 | Continuances
A responding party needing additional time must timely request an extension consistent with the court's rules.
If additional time is needed, the responding party must timely request an extension consistent with these rules.
Criminal cases
Page 6 | Motion Practice - Response Deadline
Jury selection is generally scheduled to occur during the third week of each month. Unless an attorney has commenced trial in another court, prior trial settings will not cause a case to be continued.
Jury selection is generally scheduled to occur during the third week of each month. Unless an attorney has commenced trial in another court, prior trial settings will not cause a case to be continued.
Criminal cases
Page 9 | Procedures for Jury Trials
Jury selection is typically third week of each month; continuances not granted for prior trial settings unless attorney is in another trial.
Jury selection is generally scheduled to occur during the third week of each month. Unless an attorney has commenced trial in another court, prior trial settings will not cause a case to be continued.
Criminal cases
Page 9 | Procedures for Jury Trials
Motions to extend scheduling order deadlines are not considered emergencies.
Motions for extension of deadlines or cut-off dates in the Scheduling Order are not emergencies. (See Continuances, Section 4 below.)
Civil cases
Page 3 | EMERGENCIES
Chambers Communication Rules
Case-related telephone and email inquiries are strictly limited to procedural matters and should be made only to the Judicial Assistant. Inquiries should not be made to the Court’s law clerks. The Court’s caseload does not allow the Judicial Assistant to respond to casual telephone inquiries about the status of motions or cases. All inquiries to the Judicial Assistant should be by letter sent or delivered to Chambers, or by email. See Section 1.D below.
Case-related telephone and email inquiries are strictly limited to procedural matters and should be made only to the Judicial Assistant. Inquiries should not be made to the Court’s law clerks. The Court’s caseload does not allow the Judicial Assistant to respond to casual telephone inquiries about the status of motions or cases. All inquiries to the Judicial Assistant should be by letter sent or delivered to Chambers, or by email. See Section 1.D below.
Civil cases
Page 2 | 1. Contact with Court Personnel
Restraining order and immediate relief applications must be filed via CM/ECF, with all related communications directed through the Judicial Assistant.
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 through the Judicial Assistant.
Civil cases
Page 3 | EMERGENCIES
If a pending motion requires resolution on an expedited basis, please advise the Court by letter.
If a pending motion requires resolution on an expedited basis, please advise the Court by letter.
Civil cases
Page 6 | B. Expedited Motions
B. Case-related telephone, letter, and email inquiries are strictly limited to procedural matters and should be made only to the Case Manager. See addresses below. Inquiries should not be made to the Court’s secretary or law clerks. The Court’s caseload does not allow the Case Manager to respond to casual telephone inquiries about the status of motions or cases.
B. Case-related telephone, letter, and email inquiries are strictly limited to procedural matters and should be made only to the Case Manager. See addresses below. Inquiries should not be made to the Court’s secretary or law clerks. The Court’s caseload does not allow the Case Manager to respond to casual telephone inquiries about the status of motions or cases.
Criminal cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
Status inquiries for documents, orders, or docket entries should be directed to CM/ECF/PACER first, or the District Clerk’s Office at (956) 723-3542 if absolutely necessary.
C. 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 Office at (956) 723-3542.
Criminal cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
Urgent documents may be sent to Chambers via First Class Mail.
3) Copies of urgent documents (including letters) may be sent by First Class Mail, emailed, or hand-delivered to Chambers (see
Criminal cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
Letters to the Court must not address substantive issues, and copies of all letters must be filed with the Court.
2) Do not address substantive issues in letter or email form. The parties must file copies of all letters. Email correspondence with the Court should copy all other counsel appearing in the case and will be docketed at the Court’s discretion.
Criminal cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
Physical case-related correspondence must be addressed to Case Manager Angie Trevino at 1300 Victoria St., Ste. 2267, Laredo, TX 78040.
1) Case-related correspondence should be addressed to: Angie Trevino Case Manager to U.S. District Judge Marina Garcia Marmolejo 1300 Victoria St., Ste. 2267 Laredo, TX 78040 Or by email: Angie_Trevino@txs.uscourts.gov
Criminal cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
Documents may not be faxed to the Court without express prior permission.
The documents may not be faxed without express prior permission of the Court.
Criminal cases
Page 3
Case-related telephone inquiries limited to procedural matters, directed only to Judicial Assistant (not law clerks), no casual status inquiries allowed.
Case-related telephone, letter, and email inquiries are strictly limited to procedural matters and should be made only to the Judicial Assistant. See addresses below. Inquiries should not be made to the Court’s law clerks. The Court’s caseload does not allow the Judicial Assistant to respond to casual telephone inquiries about the status of motions or cases.
Criminal cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
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 Office at (956) 723-3542.
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 Office at (956) 723-3542.
Criminal cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
Correspondence with the Court must be delivered or sent to the Court’s Chambers: 1) Case-related correspondence should be addressed to: Heyda Rios Judicial Assistant to U.S. District Judge Marina Garcia Marmolejo 1300 Victoria St., Ste. 3329 Laredo, TX 78040 Or by email: heyda_rios@txs.uscourts.gov 2) Do not address substantive issues in letter or email form. The parties must file copies of all letters. Email correspondence with the Court should copy all other counsel appearing in the case and will be docketed at the Court’s discretion.
Correspondence with the Court must be delivered or sent to the Court’s Chambers: 1) Case-related correspondence should be addressed to: Heyda Rios Judicial Assistant to U.S. District Judge Marina Garcia Marmolejo 1300 Victoria St., Ste. 3329 Laredo, TX 78040 Or by email: heyda_rios@txs.uscourts.gov 2) Do not address substantive issues in letter or email form. The parties must file copies of all letters. Email correspondence with the Court should copy all other counsel appearing in the case and will be docketed at the Court’s discretion.
Criminal cases
Page 2 | 1. CONTACT WITH COURT PERSONNEL
Court’s staff, and counsel shall refrain from requesting use of telephones in chambers.
Court’s staff, and counsel shall refrain from requesting use of telephones in chambers.
Criminal cases
Page 12 | COURTROOM PROCEDURES
Substantive issues are prohibited in letters or emails to the Court; all letters must be filed with the Court; email correspondence may be docketed at the Court’s discretion.
2) Do not address substantive issues in letter or email form. Parties must file copies of all letters. Email correspondence with the Court will be docketed at the Court’s discretion.
Civil cases
Page 2 | Contact with Court Personnel
Urgent documents may be sent via mail, email, or hand delivery to Chambers via the Case Manager with copies to all parties; service copies must be sent to all counsel simultaneously with Court transmission; faxing documents requires express prior permission from the Court.
3) Copies of urgent documents (including letters) may be sent by First Class Mail, emailed, or hand-delivered to Chambers via the Court’s Case Manager, with copies to all parties. (See Emergencies, Section 3 below.) Service copies must be transmitted to all counsel of record simultaneously with or prior to transmission to the Court and in the same manner as transmitted to the Court. The documents may not be faxed without express prior permission of the Court.
Civil cases
Page 2 | Contact with Court Personnel
Case-related correspondence must be addressed to Case Manager Gaby Salinas at the provided mailing address or via email.
1) Case-related correspondence should be addressed to: Gaby Salinas Case Manager to District Judge Marina Garcia Marmolejo 1300 Victoria St., Ste. 3229 Laredo, TX 78040 Or by email: gaby_salinas@txs.uscourts.gov
Civil cases
Page 2 | Contact with Court Personnel
Case-related telephone and email inquiries are strictly limited to procedural matters and should be made only to the Case Manager. Inquiries should not be made to the Court’s judicial assistant or law clerks. The Court’s caseload does not allow the Case Manager to respond to casual telephone inquiries about the status of motions or cases. All inquiries to the Case Manager should be by letter sent or delivered to Chambers, or by email. See Section 1.D below.
Case-related telephone and email inquiries are strictly limited to procedural matters and should be made only to the Case Manager. Inquiries should not be made to the Court’s judicial assistant or law clerks. The Court’s caseload does not allow the Case Manager to respond to casual telephone inquiries about the status of motions or cases. All inquiries to the Case Manager should be by letter sent or delivered to Chambers, or by email. See Section 1.D below.
Civil cases
Page 2 | Contact with Court Personnel
Counsel seeking telephone appearance must email the Case Manager as far in advance as reasonably possible.
All counsel wishing to appear at a conference or hearing by telephone must submit a written request by e-mail to the Case Manager as far in advance of the conference as reasonably possible, unless explicitly authorized by the Court in an order or notice of setting. The Court will attempt to accommodate such requests.
Civil cases
Page 4 | APPEARANCES
If a pending motion requires resolution on an expedited basis, please advise the Court by letter.
If a pending motion requires resolution on an expedited basis, please advise the Court by letter.
Civil cases
Page 6 | Expedited Motions
C. Telephones. Telephone messages for counsel generally will not be taken by the Judge’s staff, and counsel shall refrain from requesting use of telephones in Chambers.
C. Telephones. Telephone messages for counsel generally will not be taken by the Judge’s staff, and counsel shall refrain from requesting use of telephones in Chambers.
Civil cases
Page 12 | COURTROOM PROCEDURES
Telephone messages for counsel generally will not be taken by the Judge’s staff, and counsel shall refrain from requesting use of telephones in Chambers.
Telephone messages for counsel generally will not be taken by the Judge’s staff, and counsel shall refrain from requesting use of telephones in Chambers.
Civil cases
Page 12 | 14. COURTROOM PROCEDURES C
Case-related telephone, letter, and email inquiries are strictly limited to procedural matters and should be made only to the Judicial Assistant. See addresses below. Inquiries should not be made to the Court's law clerks. The Court's caseload does not allow the Judicial Assistant to respond to casual telephone inquiries about the status of motions or cases.
Case-related telephone, letter, and email inquiries are strictly limited to procedural matters and should be made only to the Judicial Assistant. See addresses below. Inquiries should not be made to the Court's law clerks. The Court's caseload does not allow the Judicial Assistant to respond to casual telephone inquiries about the status of motions or cases.
Criminal cases
Page 2 | Contact with Court Personnel
Parties may not address substantive issues in letters or emails to the Court.
Do not address substantive issues in letter or email form.
Criminal cases
Page 2 | Contact with Court Personnel
Court staff will not take telephone messages for counsel, and counsel may not request use of telephones in chambers.
Telephone messages for counsel will not be taken by the Court’s staff, and counsel shall refrain from requesting use of telephones in chambers.
Criminal cases
Page 11 | Courtroom Procedures
Status information for documents, orders, or docket entries should be obtained via CM/ECF/Pacer, or if necessary, from the District Clerk’s Office at (956) 723-3542.
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 Office at (956) 723-3542.
Civil cases
Page 2 | Contact with Court Personnel
Counsel must contact the Case Manager in advance to arrange after-hours courtroom access for equipment or exhibit setup.
1) Should counsel require access to the courtroom to set up equipment or exhibits before or after normal hours of Court, counsel must contact the Case Manager in advance to make the appropriate arrangements.
Civil cases
Page 12 | COURTROOM PROCEDURES
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 Office at (956) 723-3542.
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 Office at (956) 723-3542.
Civil cases
Page 2 | 1. Contact with Court Personnel
Email correspondence with the Court is docketed at the Court’s discretion.
Email correspondence with the Court will be docketed at the Court’s discretion.
Civil cases
Page 2 | 1. Contact with Court Personnel
Counsel requesting telephone appearance at hearings must email a written request to the Judicial Assistant as far in advance as reasonably possible.
All counsel wishing to appear at a conference or hearing by telephone must submit a written request by e-mail to the Judicial Assistant as far in advance of the conference as reasonably possible, unless explicitly authorized by the Court in an order or notice of setting. The Court will attempt to accommodate such requests.
Civil cases
Page 4 | APPEARANCES
Counsel seeking to test the equipment prior to trial shall contact the Judicial Assistant by e-mail, letter, or phone to make arrangements. Parties also may provide their own equipment, but special arrangements must be made with the Judicial Assistant prior to the day of trial.
Counsel seeking to test the equipment prior to trial shall contact the Judicial Assistant by e-mail, letter, or phone to make arrangements. Parties also may provide their own equipment, but special arrangements must be made with the Judicial Assistant prior to the day of trial.
Civil cases
Page 12 | 13. EQUIPMENT A
Counsel should contact Case Manager at (956) 790-1364 for matters requiring immediate attention.
Counsel should contact the Case Manager at (956) 790-1364 for matters requiring immediate attention.
Criminal cases
Page 3 | EMERGENCIES AND TRAVEL
Letters to Court may be emailed with copies to all parties prior to filing; discovery/scheduling letters must be docketed.
Letters to the Court may be transmitted by email, with copies to all parties served prior to or at the time of filing. Letters concerning discovery and scheduling matters must be filed in the docket.
Criminal cases
Page 3 | COURTESY COPIES OF DOCUMENTS
Copies of urgent documents, including letters, may be sent to Chambers by First Class Mail, email, or hand delivery.
Copies of urgent documents (including letters) may be sent by First Class Mail, emailed, or hand-delivered to Chambers (see
Criminal cases
Page 2 | Contact with Court Personnel
All correspondence with the Court must be sent to Chambers, addressed to Judicial Assistant Heyda Rios at the listed Laredo address or by email at heyda_rios@txs.uscourts.gov.
Correspondence with the Court must be delivered or sent to the Court's Chambers: 1) Case-related correspondence should be addressed to: Heyda Rios Judicial Assistant to U.S. District Judge Marina Garcia Marmolejo 1300 Victoria St., Ste. 3329 Laredo, TX 78040 Or by email: heyda_rios@txs.uscourts.gov
Criminal cases
Page 2 | Contact with Court Personnel
Status information about documents, orders, and docket entries should be obtained from CM/ECF or PACER, or if absolutely necessary from the U.S. District Clerk's Office at (956) 723-3542.
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 Office at (956) 723-3542.
Criminal cases
Page 2 | Contact with Court Personnel
Letters to the Court may be hand-delivered, sent by First Class Mail to Chambers, or transmitted by email, with copies to all parties served prior to or at the time of filing.
Letters to the Court may be hand-delivered, sent by First Class Mail to Chambers, or transmitted by email, with copies to all parties served prior to or at the time of filing.
Criminal cases
Page 3 | Courtesy Copies of Documents
Junior Lawyer Participation Incentives
Young lawyers (practicing less than 7 years) are encouraged to conduct hearings, especially for motions they drafted or contributed to.
The Court strongly encourages litigants to be mindful of opportunities for young lawyers (i.e., lawyers practicing for less than seven years) to conduct hearings before the Court, particularly for motions where the young lawyer drafted or contributed significantly to the underlying motion or response.
Civil cases
Page 4 | APPEARANCES
Young lawyers (practicing less than 7 years) are encouraged to conduct hearings, especially for motions they drafted or contributed to.
Young Lawyers. The Court strongly encourages litigants to be mindful of opportunities for young lawyers (i.e., lawyers practicing for less than seven years) to conduct hearings before the Court, particularly for motions where the young lawyer drafted or contributed significantly to the underlying motion or response. The Court believes it is crucial to provide substantive speaking opportunities to young lawyers, and that the benefits of doing so will accrue to young lawyers, to clients, and to the profession generally. Thus, the Court encourages all lawyers practicing before it to keep this goal in mind.
Civil cases
Page 4 | APPEARANCES