Judge Richard W. Bennett
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
- 2 copies
Deposition Excerpts
- 1 copy
Depositions to Be Considered at Bench Trial
- At Least 5 Days Before Trial
Adjournments
- The court only considers motions for continuance filed at least two weeks before the trial date specified in the Scheduling and Docket Control Order.
Communication
Clerk
Phone
Clerk
Phone
Clerk
Phone
Clerk
Page & Word Limits2 rules
Letters requesting a discovery dispute conference must not exceed three pages.
- Letter
- Up to 3 pages
Court's wording
The requesting party must file a letter of no more than three pages summarizing the dispute, the date, time and method of the parties’conference and the identity of the attendees, the outcome of the discussions, and the relief sought from the court.
Without leave of court, all motions are limited to 25 double-spaced pages with 13-point font and 1” margins.
- Motion
- Up to 25 pages
- Format
- Double-spaced; 13-point; 1-inch margins
Exception
More pages with leave of court
Document Format Requirements7 rules
Without leave of court, all motions are limited to 25 double-spaced pages with 13-point font and 1” margins.
- Font size
- 13 points
- Line spacing
- Double
- Margins
- 1 inch
- Motion
Parties must submit Findings of Fact and Conclusions of Law to the court in an electronic Word document.
- File type
- Word
- Findings of fact conclusions of law
The parties shall submit the proposed charge to the Case Manager in an electronic Word document.
- File type
- Word
Counsel must provide the court with a single copy of any deposition from which excerpts will be used at trial and should use color-coded highlighting to represent each parties’ requested deposition excerpts.
- Deposition excerpts
Formatting
- •Color-coded highlighting for each party's requested excerpts
Disputed language in joint proposed jury charge must be bold/italic/underlined and labeled with requesting party.
Formatting
- •Disputed language must be set out in bold type, italics, or underlined
Court's wording
If there are instructions, definitions, or questions as to which the parties cannot agree, the disputed language is to be set out in bold type, italics, or underlined to identify it as disputed and labeled to indicate which party is requesting the disputed language.
A single, joint proposed jury charge, including all instructions, definitions, and questions, separately numbered and presented on a separate page, with authority.
Formatting
- •Separately numbered
- •Presented on a separate page
The proposed charge must also be submitted on a CD compatible with Corel WordPerfect 11 word processing or Microsoft Word 2003 or later.
Document Filing Requirements15 rules
The Joint Pretrial Order shall follow the form set forth in Local Rule 16.2, Appendix B.
Non-dispositive motions will be automatically struck if they do not include a Certificate of Conference in compliance with Local Rule 7.1(D).
If the parties cannot, in good faith, agree on all instructions, definitions or questions, the parties should nonetheless submit a single, unified charge with notations of any disagreement. Each disputed item should be labelled to show which party is requesting the disputed language. Accompanying each instruction shall be all authority or related materials upon which each party relies.
Each requested instruction must be numbered and presented with authority.
The parties shall include in the proposed jury charge all necessary instructions or definitions.
For bench trials, proposed conclusions of law must cite supporting legal authority, findings of fact must reference supporting testimony/exhibits (supplemented daily).
Court's wording
For bench trials, each proposed conclusion of law will contain citation of legal authority supporting the conclusion. Findings of fact shall include references to testimony and exhibits that support the finding. These references shall be supplemented at the close of each trial day during the bench trial.
Jury charge should conform to pattern instructions; deviations require identified authorities.
Court's wording
Whenever possible, the charge should conform to the Fifth Circuit Pattern Jury Instructions or the Texas Pattern Jury Charge, as modified by case law or statutory amendments. Counsel must identify and provide legal authorities for any proposed deviation from the applicable pattern jury charge.
Counsel should designate the portions of any deposition to be read at trial by citing the page and line reference in the Joint Pretrial Order.
Parties shall mark and number all exhibits prior to trial.
The proposed voir dire questions and topics must be included in the Joint Pretrial Order.
Such numbering shall correspond to the exhibit list included in the Joint Pretrial Order.
Objections to designations of deposition excerpts must be identified by page and line, include supporting authority, and be filed with the Pretrial Order.
Agreed motions for continuance are not binding on the court. Parties must notify the court of agreed continuances by submitting an unopposed or agreed motion for continuance along with a proposed order.
- Document
- Continuance motion
Must include
- •Proposed order
For nonjury trials include: a) Proposed findings of fact and conclusions of law. b) Memorandum of law.
Jury trials require proposed voir dire questions, joint jury charge with formatting rules and CD submission, and memorandum of law as additional attachments.
Court's wording
For jury trials include: a) Proposed questions for the voir dire examination. b) A single, joint proposed jury charge, including all instructions, definitions, and questions, separately numbered and presented on a separate page, with authority. If there are instructions, definitions, or questions as to which the parties cannot agree, the disputed language is to be set out in bold type, italics, or underlined to identify it as disputed and labeled to indicate which party is requesting the disputed language. The proposed charge must also be submitted on a CD compatible with Corel WordPerfect 11 word processing or Microsoft Word 2003 or later. c) A memorandum of law.
Filing & Service rules
Filing Timing and Cure Windows
The Joint Pretrial Order must be filed by its deadline even if a motion for continuance is pending.
The JOINT PRETRIAL ORDER shall be filed on or before this date even if a motion for continuance is pending.
Civil cases
Page 2 | JOINT PRETRIAL ORDER
Borrower must provide responses within 30 days after the earlier of filing a responsive pleading or motion to dismiss or filing a notice of removal, unless the court orders otherwise.
Borrower’s responses to these Initial Discovery Protocols must be provided within the earlier of 30 days after: (i) a responsive pleading or motion to dismiss has been filed; or (ii) a notice of removal has been filed, unless the court orders otherwise.
Civil cases
Page 3 | PART 3: INFORMATION AND DOCUMENTS TO BE PRODUCED BY BORROWER
Service and Proof of Service Rules
The party requesting joinder must furnish the Scheduling Order to the new parties.
Party requesting joinder will furnish copy of this Scheduling Order to new parties.
Civil cases
Page 1 | MOTIONS TO JOIN NEW PARTIES OR TO AMEND PLEADINGS
Courtesy Copy Requirements
Depositions to be considered at a bench trial must be submitted to chambers at least five days before trial.
Any depositions to be considered at a bench trial shall be submitted to chambers at least five (5) days before trial.
Civil cases
Page 2 | DEPOSITIONS TO BE CONSIDERED AT A BENCH TRIAL
However, if the exhibits exceed 50 pages (either singly or in combination), the party must provide the exhibit/exhibits in the form of a single electronic pdf document. The .pdf document must contain bookmarks identifying each exhibit and bookmarks set to the portions of the document cited or referenced in the motion or brief. Further, when a motion or brief refers only to a small portion of a voluminous exhibit, the party should highlight the referenced portion of the exhibit. Counsel shall also provide a copy of the bookmarked and highlighted .pdf to opposing counsel.
However, if the exhibits exceed 50 pages (either singly or in combination), the party must provide the exhibit/exhibits in the form of a single electronic pdf document. The .pdf document must contain bookmarks identifying each exhibit and bookmarks set to the portions of the document cited or referenced in the motion or brief. Further, when a motion or brief refers only to a small portion of a voluminous exhibit, the party should highlight the referenced portion of the exhibit. Counsel shall also provide a copy of the bookmarked and highlighted .pdf to opposing counsel.
Page 6 | VI. MOTION PRACTICE
Plaintiff must provide a courtesy copy of the Joint Pretrial Order with all attachments to the court.
Plaintiff must deliver a courtesy copy of the Joint Pretrial Order to the court with all attachments.
Page 7 | VII. Trial
Counsel must provide a tabbed, indexed exhibit notebook to the court and witness.
Counsel for each party shall provide a tabbed and indexed notebook of exhibits for the court and the witness.
Page 8 | VII. Trial
Counsel must provide the court with a single copy of any deposition from which excerpts will be used at trial and should use color-coded highlighting to represent each parties’ requested deposition excerpts.
Counsel must provide the court with a single copy of any deposition from which excerpts will be used at trial and should use color-coded highlighting to represent each parties’ requested deposition excerpts.
Page 8 | VII. Trial
Sealing & Redaction Procedures
Confidential information and filings disclosing it must be filed under seal to the extent permitted by law, and only confidential portions should be sealed where possible.
All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any applicable rules of court) and kept under seal until further order of the Court. To the extent the Court requires any further act by the parties as a precondition to the filing of documents under seal (beyond the submission of this Stipulation and Order Regarding Confidential Information), it shall be the obligation of the producing party of the documents to be filed with the Court to satisfy any such precondition. Where possible, only confidential portions of filings with the Court shall be filed under seal.
Civil cases
Page 9
Documents subject to confidential treatment or disclosing Confidential Information must be filed under seal until court order, with only confidential parts sealed if possible.
Documents or information filed with the court that is subject to confidential treatment under this Order, and any pleadings, motions, or other papers filed with the court disclosing any Confidential Information, must be filed under seal to the extent permitted by the law, rules, or court orders, and must be kept under seal until the court orders otherwise. To the extent the court requires any further act by the parties as a precondition to filing the documents or information under seal, the party filing the document or information is responsible for satisfying the requirements. If possible, only the confidential parts of documents of information filed with the court will be filed under seal.
Civil cases
Page 13 | 8
Information subject to confidential treatment and court filings disclosing it must be filed under seal to the extent permitted by law.
All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers filed with the Court disclosing any Confidential Information, shall be filed under seal to the extent permitted by law (including without limitation any
Civil cases
Page 10 | INTERIM PROTECTIVE ORDER
Where possible, only confidential portions of court filings should be filed under seal.
Where possible, only confidential portions of filings with the Court shall be filed under seal.
Civil cases
Page 11
Filing Bundling Requirements
All motions in limine must be submitted with the Pretrial Order.
All MOTIONS IN LIMINE shall be submitted with Pretrial Order.
Civil cases
Page 2 | JOINT PRETRIAL ORDER
Requests for expedited consideration must be filed separately from the motion.
All requests for expedited consideration of motions shall be filed separately from the motion.
Page 6 | VI. MOTION PRACTICE
Pre-Motion Conference Requirements
Parties must discuss electronic discovery disputes in person/phone/video before seeking court intervention; resisting parties must have a person to discuss burdens.
Before parties seek court intervention for a dispute concerning discovery of electronic data, the court expects the parties to discuss in person, by telephone, or by video conference, the alleged need for and burdens of searching for and/or producing the data (e.g., the number of document custodians at issue, the amount of time and expense required to search for, locate, or produce the data, the expected volume of data, etc.). The parties must also discuss prior to court intervention, the potential options for decreasing the alleged burdens of searching for and producing electronic data. Counsel for a party resisting discovery of electronic data shall be prepared to discuss, or have in attendance (in person or by telephone) a person prepared to discuss, the specific burdens or difficulties involved in the searching for and/or production of the requested electronic data.
Page 5 | IV. Discovery disputes
To the fullest extent possible, the court will dispose of discovery disputes at the conference and without resort to motion practice. If a written motion continues to be necessary, the remaining issues to be addressed in the motion and a briefing schedule will be established during the conference.
To the fullest extent possible, the court will dispose of discovery disputes at the conference and without resort to motion practice. If a written motion continues to be necessary, the remaining issues to be addressed in the motion and a briefing schedule will be established during the conference.
Page 5 | IV. Discovery disputes
Discovery dispute conference materials must be filed at least 24 hours before the conference date.
the conference should be filed at least 24 hours before the conference date.
Page 5 | IV. Discovery disputes
Discovery motions should be filed only after the procedures in Section III “Discovery Disputes” have been followed but have failed to resolve the dispute.
Discovery motions should be filed only after the procedures in Section III “Discovery Disputes” have been followed but have failed to resolve the dispute.
Page 6 | VI. MOTION PRACTICE
Adjournment & Extension Requirements
The court only considers motions for continuance filed at least two weeks before the trial date specified in the Scheduling and Docket Control Order.
The court will consider motions for continuance filed at least two weeks prior to the trial date provided in the Scheduling and Docket Control Order.
Page 9 | VIII. CONTINUANCES
Chambers Communication Rules
All questions regarding criminal matters must be directed to the Case Manager or Criminal Intake Desk Clerk.
Direct all questions regarding criminal matters to the Case Manager, (713) 250-5703, or the Clerk for the Criminal Intake Desk, (713) 250-5123.
Page 3 | II. CONTACT WITH COURT PERSONNEL
Case-related inquiries must be made only to the Case Manager; law clerks must not be contacted with case-related questions, and substantive issues are prohibited in phone/email to the Case Manager.
Case-related inquiries should be made only to the Case Manager. Do not contact law clerks with case-related questions. Do not address substantive issues in phone calls or emails to the Case Manager.
Page 3 | II. CONTACT WITH COURT PERSONNEL
Counsel and pro se litigants must immediately notify the Case Manager in writing if a scheduled hearing or trial is resolved early.
Counsel and pro-se litigants shall notify the Case Manager immediately and in writing if an issue set for hearing or a case set for trial is resolved in advance of the date and time for the scheduled appearance.
Page 5 | V. ATTORNEY APPEARANCES
Video conference appearances are only available if all parties appear by video.
Video conference is available only when all parties appear by video.
Page 5 | V. ATTORNEY APPEARANCES
Requests for remote appearance must be made in writing to the Case Manager at least three days before the scheduled appearance.
Requests to appear by telephone or video conference shall be made in writing to Judge Bennett's Case Manager at least three days prior to the scheduled appearance. If the request is granted, call-in or videoconference instructions will be provided by the Case Manager.
Page 5 | V. ATTORNEY APPEARANCES
Parties should access the telephone or video conference at least 5 minutes prior to the scheduled hearing time.
Parties should access the telephone or video conference at least 5 minutes prior to the scheduled hearing time.
Page 5 | V. ATTORNEY APPEARANCES
Parties appearing by video conference must ensure their equipment and internet bandwidth are adequate.
It is the responsibility of those who appear by video conference to ensure the adequacy of their equipment, including internet bandwidth.
Page 5 | V. ATTORNEY APPEARANCES
Parties may contact the Case Manager to inquire about the status of civil motions pending decision for over 60 days.
Parties may contact the Case Manager to inquire about the status of any civil motion that has been ripe for decision for more than sixty days.
Page 4 | II. CONTACT WITH COURT PERSONNEL
Inquiries to the Case Manager may be submitted via telephone, email, or physical letter to the provided contact details.
Inquiries may be made to the Case Manager via telephone, email, or letter addressed to: Shannon Jones, Case Manager United States District Clerk 515 Rusk Street, Room 7019 Houston, Texas 77002 (713) 250-5651 shannon_jones@txs.uscourts.gov
Page 4 | II. CONTACT WITH COURT PERSONNEL
Telephone appearances are permitted even if other counsel appear in-person.
Telephone appearances may be allowed even though some counsel will appear in-person.
Page 5 | V. ATTORNEY APPEARANCES
Junior Lawyer Participation Incentives
Junior lawyers (licensed fewer than 7 years) should be given speaking roles for motions/responses they drafted or witnesses they prepared.
The court encourages experienced lawyers and their clients to provide speaking roles for lawyers licensed fewer than 7 years, particularly when those lawyers have, to a substantial degree, drafted the motion or response being argued, or prepared the witness being presented.
Page 5 | V. ATTORNEY APPEARANCES