Judge Sim Lake
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Filings > 15 pages
- Chambers Drop Off • Within Three Days of Filing
Instrument
Trial Filing
- 2 copies • Upon Filing
Communication
Clerk
Phone
Clerk
Phone
Clerk
Fax
Clerk
Chambers
Page & Word Limits1 rule
Without leave of court no motion, memorandum of law, or brief may exceed 25 total pages. This 25-page limitation includes all statements of fact and all factual and legal arguments.
- Brief
- Up to 25 pages
Exception
More pages with leave of court
Document Format Requirements7 rules
Exhibits supporting motions/briefs must be tabbed at the right margin; more than 5 exhibits require a TOC with tab numbers.
- Exhibit
Formatting
- •Tabbed at right margin
Court's wording
All exhibits submitted in support of a motion, memorandum of law, or brief must be tabbed at the right margin. A party who submits more than five exhibits shall include a table of contents describing each exhibit and listing the tab where it is located. All citations to an exhibit must refer to the letter or number of its tab.
Deposition/affidavit citations must include page/paragraph numbers; documents over 3 pages require pinpoint citations.
Court's wording
Citations to deposition or affidavit testimony must include the appropriate page or paragraph numbers. Citations to other documents or materials with three or more pages must include some sort of pinpoint citation. For example, a contract may be cited by section number, an employee handbook may be cited by page number, and a document without internal divisions may be Bates-stamped or otherwise marked and cited accordingly.
Follow the form distributed by the court, adapting it within reason to the size and type of case.
Formatting
- •Use court-distributed form
thumb-drive compatible with Corel WordPerfect X9.
- File type
- WordPerfect
Proposed joint jury charge must have numbered items on separate sheets with authority; disputed items underlined, labeled, with both parties' authority.
- Proposed jury charge
Formatting
- •Each instruction, definition, question numbered
- •Authority cited for each item
- •Disputed items underlined and identified as disputed
- •Disputed items labeled with requesting party
- •Include authority from both offering and opposing parties for disputed items
Court's wording
Each requested instruction, definition, and question must be numbered and presented on a separate sheet of paper with authority. If the parties, in good faith, cannot agree on all instructions, definitions, and questions, they will submit a single, unified charge. Each disputed instruction, definition, and question is to be underlined and identified as disputed. Each disputed item should be labeled to show which party is requesting the disputed language. Accompanying the charge will be the authority on which the offering party relies and on which the opposing party relies.
Counsel for each party is required to provide the court with a copy of that party’s exhibits in a properly tabbed and indexed notebook.
- Exhibit
Formatting
- •Properly tabbed
- •Indexed
- •Notebook format
The offering party will mark his own exhibits with the party’s name, case number, and exhibit number on each exhibit to be offered.
- Exhibit
Formatting
- •Mark each exhibit with case number
- •Mark each exhibit with exhibit number
Document Filing Requirements22 rules
Motions/briefs over 10 pages must include TOC, TOA, nature of proceeding, relevant facts, issues, argument summary, argument with headings, and conclusion; briefs 10 pages or less must include items (3)-(8).
- Document
- Brief
Must include
- •Legal argument
- •Table of contents
- •Statement of facts
Court's wording
Motions, memoranda of law, and briefs that are 10 pages or less must contain items (3), (4), (5), (6), (7), and (8) listed below. Any motion, memorandum of law, or brief of more than 10 pages must contain all items listed below. (1) A table of contents setting forth the page number of each section, including all headings designated in the body of the motion or brief. (2) A table of citations of cases, statutes, rules, textbooks, and other authorities, alphabetically. (3) A short statement of the nature and stage of the proceeding. (4) A short statement of relevant facts. (5) A statement of the issues to be ruled upon by the court and with respect to each issue a short statement, supported by authority, of the standard of review. (6) A short summary of the argument. (7) The argument shall be divided under appropriate headings succinctly setting forth separate points. (8) A short conclusion stating the precise relief sought.
Discovery motions must include a statement that counsel conferred in good faith, or if not, facts of attempts to confer; court will not hear motions without this statement.
- Document
- Discovery motion
Must include
- •Certificate of conference
Court's wording
The court will not hear discovery motions unless moving counsel advises the court, in the motion, that counsel have conferred in a good faith effort to resolve the matters in dispute but are unable to reach an agreement. If counsel have been unable to confer because of the unavailability or unwillingness of opposing counsel to do so, the statement shall recite the facts concerning attempts to confer.
Citations to non-standard legal authority must be submitted as an exhibit; entire case must be included if authority is a case.
Court's wording
If a party cites legal authority not found in the United States Code, Supreme Court Reporter, Federal Reporter, Federal Rules Decisions, Federal Supplement, Southwestern Reporter, or Vernon’s Revised Statutes and Codes Annotated, the relevant parts of such authority must be submitted as an exhibit. If the authority is a case, the entire case must be included.
Memorandum of Law
Joint pretrial orders must be signed by all counsel and parties appearing pro se.
Non-jury trials require Proposed Findings of Fact and Conclusions of Law, with mandatory legal citations for conclusions and encouraged testimony/exhibit references for findings.
- Document
- Proposed findings conclusions
Include
- •Legal argument
Court's wording
Proposed Findings of Fact and Conclusions of Law. Each proposed conclusion of law will contain citation to the legal authority supporting the conclusion. Counsel are strongly encouraged to include in proposed findings of fact references to testimony and exhibits that support each proposed finding.
Memorandum of Law.
Witness List
Objections to Exhibits
Exhibit List (form attached)
Plaintiff is responsible for timely filing the complete joint pretrial order. The court will not accept separate versions of the pretrial order.
the case will be set for trial if the complete joint pretrial order has been filed.
The offering party will mark his own exhibits prior to trial and include the party’s name, case number, and exhibit number on each exhibit to be offered.
- Document
- Exhibit
Include
- •Case number
Each counsel will attach to this joint pretrial order two copies of a list of all exhibits to be offered (form attached)
- Document
- Joint pretrial order
Include
- •Exhibit list
State briefly the issues of law in dispute.
Each counsel will also attach to the joint pretrial order two copies of a list of witnesses’ names for use only by court personnel.
List all factual issues in controversy necessary to the final disposition of this case.
Delineate those legal propositions not in dispute.
If a witness is to appear by deposition, cite the inclusive pages and lines to be read.
List the names and addresses of witnesses who will or may be called and include a brief statement of the subject matter and substance of their testimony.
Include a statement that all settlement efforts have been exhausted, the current settlement demand and offer, and whether the case can reasonably be expected to settle.
Include in this paragraph the following: (a) whether trial will be Jury or Non-Jury, (b) probable length of trial, and (c) availability of witnesses.
Filing & Service rules
Filing Timing and Cure Windows
The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Counsel should immediately notify the Case Manager, in writing, of such an agreement.
The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Counsel should immediately notify the Case Manager, in writing, of such an agreement.
Page 4 | Motion Practice
No instrument filed within 2:30 P.M. three days of docket call will be considered.
No instrument filed within 2:30 P.M. three days of docket call will be considered.
Page 15 | DOCKET CALL
Deposition objections must be filed at least 3 business days before trial.
Objections to those portions (citing pages and lines) with supporting authority must be filed at least three business days before trial.
Page 17 | Witnesses
Service and Proof of Service Rules
Attached court materials must be served with summons and complaint or removal papers.
THE ATTACHED MUST BE SERVED WITH THE SUMMONS AND COMPLAINT OR REMOVAL PAPERS
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Plaintiffs must serve court materials and Order for Conference and Disclosure of Interested Parties on all defendants with summons and complaint.
Plaintiff must serve these materials and the Order for Conference and Disclosure of Interested Parties on all defendants with the summons and complaint.
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Parties removing cases to this court must comply with the same service obligations as plaintiffs filing original complaints.
A party removing a case to this court has the same obligation as a plaintiff filing an original complaint.
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Proof of service for court materials must be filed with the Clerk.
Proof reflecting service of these materials must be filed with the Clerk.
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Exhibits must be made available for opposing counsel examination except unanticipatable rebuttal exhibits.
Each counsel will make all such exhibits available for examination by opposing counsel. This rule does not apply to rebuttal exhibits that cannot be anticipated.
Page 17 | Exhibits
Additional witness info must be reported to opposing counsel as soon as known, except unanticipatable witnesses.
In the event there are any other witnesses to be called at the trial, their names, addresses, and the subject matter of their testimony shall be reported to opposing counsel as soon as they are known. This restriction shall not apply to whose testimony cannot reasonably be anticipated before the time of trial.
Page 17 | Witnesses
Courtesy Copy Requirements
Counsel and pro se parties must deliver chambers copies of all instruments filed within 3 days of a conference or hearing; non-compliance results in the instrument not being considered.
Counsel and all parties appearing pro se will deliver to chambers copies of all instruments filed within 3 days of any conference or hearing. Unless this rule is complied with the court will not consider any instrument filed within 3 days of any court appearance.
Page 5 | Motion Practice
Chambers copies of all instruments exceeding 15 pages must be delivered within three days of filing.
Copies of all instruments exceeding 15 pages must be delivered to chambers within three days of filing.
Page 5 | Motion Practice
Two copies of documents filed immediately prior to and during trial should be submitted to the Case Manager or the law clerk present in the courtroom.
Two copies of documents filed immediately prior to and during trial should be submitted to the Case Manager or the law clerk present in the courtroom.
Page 10 | COURTROOM PROCEDURES
Pre-Motion Conference Requirements
Ex parte restraining order applications are only allowed if the requirements of Federal Rule of Civil Procedure 65(b) are met.
Ex parte applications for restraining orders will not be entertained by the court unless the requirements of Fed. R. Civ. P. 65(b) have been satisfied.
Page 3 | Emergencies
Applications for restraining orders or immediate relief must be submitted through the Case Manager, who will present them after counsel confirms opposing party contact and availability for conference.
Applications for restraining orders or for other immediate relief shall be made through the Case Manager. Applications 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 3 | Emergencies
MEDIATION or SETTLEMENT CONFERENCE BEFORE THE MAGISTRATE JUDGE Dispositive motions will be due thirty (30) days after the mediator or magistrate judge declares an impasse.
MEDIATION or SETTLEMENT CONFERENCE BEFORE THE MAGISTRATE JUDGE Dispositive motions will be due thirty (30) days after the mediator or magistrate judge declares an impasse.
Page 15 | MEDIATION or SETTLEMENT CONFERENCE BEFORE THE MAGISTRATE JUDGE
Court follows Local Rules written motion practice; most motions are decided without oral hearing and are considered after the submission date.
The court follows the written motion practice described in the Local Rules. Since most motions will be ruled on without an oral hearing, concise, clear motions and briefs are very important. The motion will be considered by the court after the submission date.
Page 4 | Motion Practice
Requests for oral argument on motions are not necessary. The court will notify counsel if the court determines that oral argument would be beneficial. Counsel should be prepared at all conferences, hearings, and docket call to respond to questions from the court about all pending motions.
Requests for oral argument on motions are not necessary. The court will notify counsel if the court determines that oral argument would be beneficial. Counsel should be prepared at all conferences, hearings, and docket call to respond to questions from the court about all pending motions.
Page 5 | Motion Practice
Adjournment & Extension Requirements
Joint continuance motions are not binding and will be granted only at the court's discretion.
Joint motions for continuance are not binding, and they will be granted at the court’s discretion.
Page 3 | Continuances
Motions to extend Docket Control Order deadlines are not classified as emergencies.
Motions for extension of deadlines in the Docket Control Order are not emergencies.
Page 3 | Emergencies
Trial continuances are not granted for witness unavailability; counsel must use depositions or stipulations to present testimony.
A trial will not be continued because of the unavailability of a witness. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.
Page 4 | Continuances
Cases set for trial will not be adjourned due to prior trial settings unless the attorney has actually commenced trial in another court.
Unless an attorney has actually commenced trial in another court, prior trial settings will not cause a case to be passed after the court has set it for trial.
Page 8 | TRIAL SETTINGS - B
Chambers Communication Rules
All case-related correspondence must be addressed to the District Clerk at the specified Houston PO Box.
Case-related correspondence must be addressed to: United States District Clerk Post Office Box 61010 Houston, Texas 77208
Page 3 | Contact with Court Personnel
The case load will not allow the Case Manager to respond to casual telephone inquiries about motions and case status generally. Inquiries to the Case Manager should be by email or letter.
The case load will not allow the Case Manager to respond to casual telephone inquiries about motions and case status generally. Inquiries to the Case Manager should be by email or letter.
Page 3 | Contact with Court Personnel
Information about the filing of documents, entry of orders, or docket entries should be obtained from the United States District Clerk’s Office (713/250-5500).
Information about the filing of documents, entry of orders, or docket entries should be obtained from the United States District Clerk’s Office (713/250-5500).
Page 3 | Contact with Court Personnel
Case-related telephone inquiries should be made only to the Case Manager. Inquiries should not be made to the court’s secretary or law clerks.
Case-related telephone inquiries should be made only to the Case Manager. Inquiries should not be made to the court’s secretary or law clerks.
Page 3 | Contact with Court Personnel
Substantive issues are prohibited in emails and letters, as they are not docketed or part of the appellate record.
Do not address substantive issues in emails or letters because they are not docketed or included in the appellate record.
Page 3 | Contact with Court Personnel
If out-of-town counsel wish to appear by telephone, a written request, including the attorney’s direct telephone number, should be made to the Case Manager as far as reasonably possible before the date of the conference or hearing. The court will attempt to accommodate such requests.
If out-of-town counsel wish to appear by telephone, a written request, including the attorney’s direct telephone number, should be made to the Case Manager as far as reasonably possible before the date of the conference or hearing. The court will attempt to accommodate such requests.
Page 4 | Appearances
Counsel must immediately notify the Case Manager via email when a scheduled conference, hearing, or trial matter is resolved.
Counsel will notify the Case Manager immediately by email of the resolution of any matter that is set for conference, hearing, or trial.
Page 4 | Appearances
Judge’s staff, and counsel shall refrain from requesting use of telephones in chambers.
Judge’s staff, and counsel shall refrain from requesting use of telephones in chambers.
Page 10 | COURTROOM PROCEDURES
Contact information for Case Manager Sheila R. Anderson is provided for court-related communications.
Sheila R. Anderson Case Manager United States District Clerk Post Office Box 61010 Houston, Texas 77208 Telephone: Ofc. (713) 250-5514 Cell (832) 370-4142 Facsimile: (713) 250-5010 Email: Sheila_R_Anderson@txs.uscourts.gov
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Copies of urgent documents, including letters, may be sent to chambers.
Copies of urgent documents (including letters) may be sent to chambers.
Page 3 | Contact with Court Personnel