Judge Randy Crane
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Consolidation Motions
- 1 copy
Communication
Phone
Clerk, Chambers
Document Format Requirements16 rules
Leave of Court is required for the conventional filing of documents greater than 50 pages in length. Such documents should be filed electronically when possible.
- More than 50 pages
Formatting
- •Electronic filing encouraged for such documents
Correspondence shall not be filed electronically.
- Correspondence
Formatting
- •Correspondence shall not be filed electronically
Leave of Court required for filing over-sized or irregularly shaped documents not readily imagable; electronic filing encouraged.
Formatting
- •Electronic filing encouraged for such documents
Court's wording
Leave of Court is required for the filing of over-sized or irregularly shaped documents which are not capable of being readily imaged by court personnel and equipment. Such documents should be filed electronically when possible.
Leave of Court is required for the conventional filing of documents printed on both sides. Such documents should be filed electronically when possible.
Formatting
- •Electronic filing encouraged for such documents
A Bench copy of all documentary exhibits intended to be introduced. If voluminous, documents may be provided on disc in .pdf, .doc, or .wpd formats.
Proposed voir dire questions are to be included in the Final Pretrial Order.
Opposed motions shall A. Be in writing;
All filed documents must be submitted via Court-compliant electronic means unless exempted.
Court's wording
Except as expressly provided or unless permitted by the presiding Judge, the Court requires documents being filed to be submitted, signed or verified by electronic means that comply with the procedures established by the Court.
LR10.2 Format. Papers offered for filing may not be in covers. They must be on 8½" x 11" paper, stapled at the top only, punched at the top with two holes, double spaced, and paginated.
- Line spacing
- Double
- Paper size
- Letter
- Binding
- Stapled
- Papers
Formatting
- •May not be in covers
- •Paginated
C. Application. The lawyer shall file an application on a form prescribed by the Court.
The provisions of LR5 with respect to electronic filing and service in civil cases are applicable to criminal cases.
Parties must mark their exhibits to include the date and case number on each.
On a form similar to the one provided by the clerk, each party will attach two lists of all exhibits expected to be offered
The form for the Joint Pretrial Order should be followed, but may be adapted within reason to accommodate the size and nature of the case.
LR16.2. Pretrial Order. The form of the pretrial order in Appendix B is acceptable to the judges who require one.
Document Filing Requirements35 rules
Requests for an Amended Scheduling Order should include a proposed Order in this form with proposed dates included.
- Document
- Amended scheduling order
Should include
- •Proposed order
Applications for restraining orders or other immediate relief shall be presented to the Court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the Court.
(1) Any motion REQUIRING expedited consideration shall contain “Emergency” in the caption.
- Document
- Motion
- Placement
- Caption
Must include
- •Emergency
All exhibits must be marked and exchanged among counsel before trial. 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
Exhibit lists are to be included in the Joint Pretrial Order.
- Document
- Joint pretrial order
Include
- •Exhibit list
A. The parties are required to file with the Court a Certificate of Interested Parties at least 10 days prior to the Initial Pretrial Conference.
The notice or subpoena must indicate that the deposition is to be by video-tape to allow anyone desiring stenographic recordation to arrange for it.
Every answer, objection, or other response to any interrogatory, request for admission, or to produce shall be preceded by the question or request to which the response pertains.
Opposed motions shall B. Include or be accompanied by authority;
Papers must have at the end a certificate reflecting how and when service has been made or why service is not required. Federal Rule of Civil Procedure 5(b).
- Document
- Paper
- Placement
- Certificate section
Opposed motions shall C. Be accompanied by a separate proposed order granting the relief requested and setting forth information sufficient to communicate the nature of the relief granted;
- Document
- Opposed motion
Must include
- •Proposed order
Motions without opposition and their proposed orders must bear in their caption “unopposed.” They will be considered as soon as it is practicable.
- Document
- Unopposed motion
- Placement
- Caption
Must include
- •Unopposed
contain an averment that (1) The movant has conferred with the respondent and (2) Counsel cannot agree about the disposition of the motion.
Must be accompanied by a separate form order denying the relief sought.
Contain in the caption of the motion (1) The case numbers; (2) Full styles; and (3) Judge to whom each of the cases is assigned.
- Document
- Motion to consolidate
- Placement
- Caption
Include
- •Case number
Must include or be accompanied by authority;
11.3.A. Required Information. Under the signature shall appear: (1) attorney’s individual name, (2) designation “attorney-in-charge,” (3) State bar number, (4) Southern District of Texas bar number, (5) office address including zip code, and (6) telephone and facsimile numbers with area codes.
- Placement
- Signature block
LR11.3 Signing of Pleadings. Every document filed must be signed by, or by permission of, the attorney-in-charge.
All papers must include a caption containing the filing party's name, designation, and document character.
- Document
- Papers
- Placement
- Caption
Court's wording
LR10.1 Caption. Papers must have a caption, including the name and party designation of the party filing it and a statement of its character, like “Defendant John Doe’s Motion for Partial Summary Judgment.” Federal Rule of Civil Procedure 10(a).
LR11.1 Designation. On first appearance through counsel, each party shall designate an attorney-in-charge. Signing the pleading effects designation.
Pleadings in which a jury is demanded shall bear the word “jury” at the top, immediately below the case number.
- Document
- Pleading
Must include
- •Jury
Admitted lawyers must take a specific oath before a U.S. judicial officer.
Court's wording
I. Oath. On admission, the lawyer will take this oath before any judicial officer of the United States: I do solemnly swear [affirm] that I will discharge the duties of attorney and counselor of this court faithfully, that I will demean myself uprightly under the law and the highest ethics of our profession, and that I will support and defend the Constitution of the United States.
Notices are sent to the address on file; written address change notices must include all pending district case numbers.
- Document
- Address change notice
Must include
- •Case number
Court's wording
LR83.4. Change of Address. Notices will be sent only to the address on file. A lawyer or pro se litigant is responsible for keeping the clerk advised in writing of the current address. Counsel of record and pro se litigants must include in this advice the case numbers of all pending cases in which they are participants in this district.
Papers in cases arising within the admiralty or maritime jurisdiction shall bear the word “admiralty” at the top, immediately below the case number.
- Document
- Admiralty case paper
Must include
- •Admiralty
Applications to stay execution of a Texas death warrant must include specified state court documents, relief descriptions, prior denial reasons, and exhaustion explanations.
Court's wording
A. Application Requirements. A party who seeks to stay the execution of a Texas death warrant shall include in the application: (1) A copy of each state court opinion and judgment in the matter; (2) A description of the relief sought from any United States Court, including action number and court name; (3) The reasons for denying relief given by the courts that have considered the matter, by written opinion or portions of the transcript; and (4) An explanation why issues urged in the application have not been raised or exhausted in state court.
Contested responses to criminal pretrial motions must be written, include authority, controverting affidavit, and separate order denying relief.
Court's wording
CrLR12.3. Responses. If the respondent contests the motion, the response must be in writing, accompanied by authority and controverting affidavit or declaration of material facts, together with a separate order denying the relief sought.
Criminal pretrial motions must be written, state basis, include statement of authority, separate proposed order, conference averment, and fact affidavits if needed; unopposed motions must be captioned 'unopposed'.
- Document
- Criminal pretrial motion
- Placement
- Caption
Must include
- •“unopposed”
Court's wording
CrLR12.2. Form. A pretrial motion shall be in writing and state specifically the basis for the motion. The motion shall be supported by a statement of authority. It shall also be accompanied by a separate order granting the relief requested and by an averment that the movant has conferred with the respondent, but that an agreement cannot be reached on the disposition of the motion. If the motion presents issues of fact, it shall be supported by affidavit or declaration which sets forth with particularity the material facts at issue. An unopposed motion and its order must bear in the captions “unopposed.”
CrLR12.4. Service. All motions must be served on all parties and contain a certificate of service.
- Document
- Criminal pretrial motion
Must include
- •Certificate of service
Objections to the report shall include proposed changes to the facts of the offense as reported and to the interpretation and application of the sentencing guidelines.
All papers must contain a certificate of service on all counsel. A copy of the instrument and certificate shall be filed with the district clerk.
- Document
- Objections and non-opposition papers
Must include
- •Certificate of service
Motions to waive presentence investigation filed before rearraignment must include factual, criminal history, guideline calculation, and victim/restitution information.
Court's wording
On motion filed before rearraignment, the Court will consider waiving the preparation of the presentence investigation. The motion shall contain: (1) a factual summary of the defendant’s relevant conduct in committing the offense; (2) a listing of the defendant’s criminal history, including dates of conviction, dispositions, and representation by counsel; (3) guideline calculations leading to the establishment of the total offense level and criminal history category; (4) a statement reflecting the resulting imprisonment, fine and supervised release ranges, as well as any factors that may warrant a departure from these ranges; (5) a statement as to the identity and address of any victim(s) and the amount of restitution due to any victim. In the case of any identified victim where no restitution or only partial restitution is being recommended, the motion shall include a statement justifying the recommendation.
The final report shall contain a certificate that it has been disclosed to all counsel and that a copy has been filed under seal with the district clerk.
Parties must attach two exhibit lists to pretrial order; documentary exhibits must be exchanged before trial except for rebuttal or unanticipated use.
Must include
- •Exhibit list
Court's wording
On a form similar to the one provided by the clerk, each party will attach two lists of all exhibits expected to be offered and will make the exhibits available for examina- tion by opposing counsel. All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated.
Parties must mark their exhibits to include the date and case number on each.
- Document
- Exhibit
Must include
- •Case number
State that all settlement efforts have been exhausted, that the case cannot be settled, and that it will have to be tried.
Filing & Service rules
Courtesy Copy Requirements
Motions to consolidate must be filed in the oldest case with a courtesy copy to each affected court.
Be filed only in the oldest case with a courtesy copy furnished to the other affected courts.
Page 10 | LR7.6 Consolidation
Sealing & Redaction Procedures
Parties filing a civil action they wish to seal must submit an application to the clerk with complaint and materials in a sealed envelope marked 'sealed exhibit'.
83.6.A. Civil Actions. On the filing of a civil action that the party desires be sealed, the party shall present an application to the clerk attaching the complaint and accompanying materials in a sealed envelope marked “sealed exhibit.” A miscellaneous case number will be assigned and the case file presented to the miscellaneous judge. Once that judge has ruled on the application, the case file
Page 20 | LR83.6.A Civil Actions
Grand juror names must be kept confidential.
A. The names of grand jurors shall be held confidential.
Page 24 | CrLR24.2. Jurors’ Names.
Probation officer's sentencing recommendation is not disclosed unless ordered by the sentencing judge.
The probation officer’s recommendation on the sentence shall notbe disclosed unless so ordered by the sentencing judge.
Page 27 | CrLR32.11. Limitation
Petit juror names may be kept confidential at the trial judge's discretion.
B. The trial judge may hold the names of petit jurors confidential.
Page 24 | CrLR24.2. Jurors’ Names.
Grand jury witness names may be sealed for cause.
Names of witnesses appearing before a grand jury may be sealed for cause.
Page 24 | CrLR6. GRAND JURY WITNESSES
Filing Bundling Requirements
Parties represented by counsel must file Form JS44c with all original pleadings.
Parties represented by counsel must file a civil action cover sheet (Form JS44c) with all original pleadings.
Page 9 | LR3. COMMENCEMENT OF ACTION
Pre-Motion Conference Requirements
Ex parte restraining order applications will not be considered by the Court unless all FRCP 65(b) requirements are satisfied.
Ex parte applications for restraining orders will NOT be entertained by the Court unless the requirements of FRCP 65(b) have been satisfied.
Page 5 | Emergency Relief
Restraining order/immediate relief applications require a pre-court conference, with counsel affirming both parties are available for the conference.
Applications for restraining orders or other immediate relief shall be presented to the Court by the Case Manager following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the Court.
Page 5 | Emergency Relief
Adjournment & Extension Requirements
Counsel agreements for continuances are not binding on the Court; continuances are granted only at the Court’s discretion.
A. Agreements or joint motions among counsel for continuances are not binding on the Court. Motions for Continuance will be granted only at the Court’s discretion.
Page 7 | Continuances
C. 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, video deposition, or by stipulation.
C. 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, video deposition, or by stipulation.
Page 7 | Continuances
Discovery deadline extensions may be made by written party agreement without court involvement; agreements need not be filed.
Discovery deadlines within the Scheduling Order may be extended by agreement in writing between the parties without Court involvement. Any such agreement need not be filed with the Court.
Page 4 | Initial Pretrial Conferences and Scheduling Orders
Chambers Communication Rules
Direct phone inquiries to Chambers regarding pending cases are prohibited.
E. Phone inquires directly to Chambers related to any pending case are prohibited.
Page 2 | Communicating with the Court
Ex parte communications with the Court are prohibited; all written communications must be copied to all interested parties.
A. Ex parte communications with the Court are prohibited. All written communication to the Court must be copied to all parties with an interest in the case that is the subject of the communication.
Page 2 | Communicating with the Court
D. Letters should be used for minor procedural matters. Do not address substantive issues in letter form. Ordinarily, correspondence is not docketed and is destroyed.
D. Letters should be used for minor procedural matters. Do not address substantive issues in letter form. Ordinarily, correspondence is not docketed and is destroyed.
Page 2 | Communicating with the Court
All other case-related inquiries must be directed only to Case Manager Ludi Cervantes.
C. Other case related inquires should be made only to the Case Manager: Ludi Cervantes Case Manager to Judge Randy Crane United States Courthouse 1701 West Business 83, 10th Floor McAllen, TX 78501 (956) 618-8065
Page 2 | Communicating with the Court
Case status information should be obtained via CM/ECF, or via phone to Clerk’s Office if necessary.
B. Information about the status of a case ordinarily should be obtained online from the CM/ECF system but may also be obtained, if necessary, from the United States District Clerk’s Office at (956) 618-8065.
Page 2 | Communicating with the Court
Counsel must phone Case Manager Ludi Cervantes at 956-618-8065 upon filing emergency relief requests (restraining orders/immediate relief).
However, counsel shall telephonically advise the Case Manager, Ludi Cervantes, at 956-618-8065 of the filing of such request for emergency relief.
Page 5 | Emergency Relief