IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
STANDING ORDER FOR PRETRIAL CONFERENCES; SCHEDULING;
MANAGEMENT
The following standing order is ADOPTED:
(a) PRETRIAL CONFERENCES AND SCHEDULING ORDERS
(1) Attached is a general scheduling order form used by the court in most cases. 1 If the
court has issued an Order to Conduct Rule 26(f) Conference that includes a sample
scheduling order form, the parties should attempt to agree on deadlines for
completion of pretrial matters and submit a proposed scheduling order with the joint
conference report, using deadlines that are business days consistent with the bolded
instructions on the sample scheduling order form. After receiving the joint
conference report, the court will convene an in-chambers or in-court status
conference and/or enter a scheduling order.
(2) If new parties are joined after the mailing of the order, the party causing such
joinder shall provide copies of all orders previously entered in the case, along with
the scheduling order, to the new parties.
(3) At every pretrial conference, counsel must be prepared to provide a brief synopsis
of the facts underlying the dispute and address all pending and anticipated motions,
jurisdictional and procedural matters, narrowing of substantive issues, and
stipulations of fact. The court uses pretrial conferences to narrow issues and set
cases for a prompt trial.
(4) A party seeking to amend the scheduling order should file a motion and attach a
proposed scheduling order using deadlines that are business days consistent with
the bolded instructions on the sample scheduling order form and following the
format of the most recently entered scheduling order in that case. An updated list
of Beaumont and Lufkin final status conference dates is available on the United
States District Court for the Eastern District of Texas for the district judges.
1 For cases on referral to the undersigned, as opposed to cases heard by consent, the parties should use the scheduling order
required by the referring district judge.
(b) REQUIRED PRETRIAL MATERIALS IN CIVIL CASES
(1) Joint Pretrial Order
The joint pretrial order, including motions in limine and a proposed charge and
interrogatories or proposed findings of fact and conclusions of law, shall be filed
on or before the date set forth in the scheduling order. The parties shall exchange
proposed exhibits on or before the date the joint pretrial order is due. Any objections
and responses to objections to the proposed exhibits, witnesses, and charge shall be
filed on or before the deadlines set forth in the scheduling order.
Counsel must confer concerning the contents of the joint pretrial order well in
advance of the due date. Plaintiff’s counsel shall ensure that the joint pretrial order
is timely filed. A form joint pretrial order is attached and may be adapted within
reason to the size and type of case. Joint pretrial orders must be signed by all
counsel.
If, for some reason, the plaintiff fails to file the joint pretrial order, then the
defendant is responsible for filing the defendant’s portion of a proposed pretrial
order. All parties are responsible for complying with the requirements of the joint
pretrial order.
Failure to appear and/or timely file the joint pretrial order will subject counsel and
his or her client to sanctions, including dismissal for want of prosecution and/or
other appropriate judgment.
ON THE DAY OF FILING, TWO (2) COLOR COURTESY COPIES OF
THE JOINT PRETRIAL ORDER AND ATTACHMENTS, BOUND IN
LOOSELEAF THREE-RING NOTEBOOKS WITH DIVIDERS, ARE
TO BE DELIVERED TO CHAMBERS.
(2) Required Documents
(A) For Jury Trials
(i) An agreed charge, including proposed jury instructions (aside from
usual prefatory or boilerplate instructions), definitions, and
interrogatories shall be filed on CM/ECF electronically. Place the
proposed interrogatories at the end of the document, after all
instructions and definitions. Each requested instruction and
definition should be simple, concise, and include citation of
authority.
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(ii) The court expects the parties to resolve their differences as to these
matters. If the parties cannot agree on a particular instruction or
issue, however, such disagreement and alternate requests must be
submitted on separate pages and will be resolved at the final pretrial
conference or at a charge conference;
(iii) Memoranda of law on disputed issues of law;
(iv) Motions in limine.
(B) For Non-Jury Trials
(I) Proposed findings of fact and conclusions of law filed on
CM/ECF electronically. Findings and conclusions must be in a
form suitable for ruling from the bench after closing arguments;
(ii) Memoranda of law on disputed issues of law;
(iii) Post-trial briefs should be limited to specific issues requested by
the court during or after trial.
(C) For Hearings
(i) Exhibit lists and objections;
(ii) Witness lists and objections;
(iii) Deposition designations and objections.
(3) Exhibits
(A) Counsel for each party shall assemble all documents, photographs, or other
materials expected to be used at trial. Such documents or copies must be
made available to opposing counsel on or before the date the joint pretrial
order is due. The court encourages counsel to agree upon joint exhibits to
avoid duplication. If joint exhibits are agreed upon, they must each be
marked with the case name, case number, and exhibit number. If no
agreement can be reached, the offering party shall mark his or her own
exhibits with the party’s name, case number, and exhibit number on each
exhibit to be offered.
(B) Counsel requiring authentication of an exhibit must notify offering counsel
in writing within three (3) business days after the exhibit is made available
for examination. Failure to do so is an admission of authenticity.
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(C) Counsel shall attach to the joint pretrial order two (2) copies of the list of
all exhibits to be offered on a form substantially similar to that attached and
shall submit to the court administrator prior to the final pretrial conference
a final revised list of exhibits to be offered.
(D) The court will admit all exhibits listed in the joint pretrial order into
evidence at the final pretrial conference unless opposing counsel files
written objections supported by authority within the deadline
provided in the scheduling order. Objections and responses to
objections to proposed exhibits, witnesses, and deposition excerpts, as
well as responses to motions in limine, shall be filed by the date set forth
in the scheduling order.
(E) The court will rule on objections to the exhibits at the final pretrial
conference.
(F) Two (2) courtesy copies of the exhibits shall be assembled in looseleaf
three-ring notebooks with a numbered sticker on each document for use by
the court. Such number shall also appear on a tab extending beyond the right
side of the notebook. Each notebook shall be labeled on the outside cover
with the name of the offering party, the case style, and the case number.
Each notebook shall not exceed three (3) inches in depth. Unless only joint
exhibits are used, the notebooks of each party must be of a different color,
any agreed exhibits must be proceeded by a red tab page. The parties shall
confer on notebook colors prior to submission.
THESE NOTEBOOKS SHALL BE DELIVERED TO
CHAMBERS ON THE DATE OBJECTIONS TO THE
PRETRIAL ORDER AND ATTACHMENTS ARE DUE.
(G) Counsel shall prepare three (3) additional sets of exhibit notebooks
in the form described above for use (1) on the witness stand, (2) by
the court reporter, and (3) by the court administrator. These copies
are in addition to the original exhibits to be tendered to the court
administrator for submission to the jury and for later transmittal to
the appellate court, if necessary. Each party must use a different color
binder. Agreed exhibits must be proceeded by a red tab page. All
admitted exhibits will go to the jury during deliberations.
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(4) Witnesses
(A) Counsel shall submit as part of the joint pretrial order two (2) copies of the
party’s witness list, listing the witnesses in the order in which they will be
called and stating the estimated time for examination, on a form
substantially similar to that attached. Any personal identifiers must be
redacted before filing but include unredacted versions of the witness
list with the courtesy copies of the joint pretrial order. In a lengthy
trial involving numerous witnesses, a special scheduling order setting forth
time limits for each aspect of the trial may be issued.
(B) Any objections to a witness’s proposed testimony will be ruled upon at the
final pretrial conference if not already determined.
(C) Counsel shall make every effort to elicit from the witnesses only
information relevant to the issues in the case and to avoid cumulative
testimony.
(D) Counsel shall keep in mind the court’s hours and schedule witnesses
accordingly. The court will not recess to permit counsel to call a missing
witness unless he or she has been subpoenaed and has failed to appear.
(5) Use of Depositions
(A) With respect to all deposition testimony to be offered in evidence, counsel
shall review the deposition and agree to excise all irrelevant and repetitive
testimony and all colloquy between counsel. Counsel shall exchange their
designated testimony and attempt to resolve all objections prior to the final
pretrial conference. Objections to any portion of the deposition shall be filed
on the date set forth in the scheduling order, and the court will rule on the
objections at the final pretrial conference.
(B) In a bench trial, when deposition testimony is permissible, counsel shall
offer the entire deposition as a trial exhibit and read only the most relevant
deposition testimony into the record. In addition, counsel shall attach to the
front of the deposition exhibit a summary of what each party intends to
prove by such testimony. If portions of the deposition are to be offered,
counsel shall attach to the front of the deposition exhibit the designated
portions of such testimony to be read by the court, citing page and line
numbers. TWO (2) COURTESY COPIES OF THE DEPOSITIONS SO
MARKED SHALL BE DELIVERED TO CHAMBERS PRIOR TO
THE FINAL PRETRIAL CONFERENCE.
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(C) Under certain circumstances, the court may accept the parties’ agreement to
use a deposition at trial even though the witness is available, but counsel
. shall request leave of court to do so at the time of filing of the joint pretrial
order; otherwise, follow FED. R. CIV. P. 32.
(D) Before trial, counsel must provide the court administrator with two
copies of any deposition to be used at trial with the relevant portions
highlighted. Each party shall use a different color highlighter
(yellow and blue are recommended for the parties and green for
overlapping designations). Portions of designations to which a party
has objected should be underlined.
(E) Use of video depositions is permitted if they are edited to remove sidebar
remarks and testimony to which objections are sustained.
This order applies to all pending cases and to those filed on or after the date of this order.
SIGNED this the 25th day of January, 2024.
___________________________________
Christine L Stetson
UNITED STATES MAGISTRATE JUDGE
6
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
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versus § CIVIL ACTION NO. 1: -CV-
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JOINT PRETRIAL ORDER
Appearance of Counsel
List the parties, their respective counsel, and the physical addresses, email address, and telephone numbers,
including cell phone numbers, of counsel in separate paragraphs.
Statement of the Case
Give a brief statement of the case to inform the court and/or jury of the salient facts, which the court may read
to the jury panel to ascertain whether any panelists are familiar with the facts or parties involved in the case.
Include names, dates, and places. The statement should not exceed one paragraph per party.
Jurisdiction
Briefly set out why the court has full and complete jurisdiction of the subject matter and the parties. If there is
an unresolved jurisdictional question, state the problem.
Motions
List any pending motions.
Contentions of the Parties
State concisely in separate paragraphs what each party claims.
Admissions of Fact
List all facts that require no proof.
Contested Issues of Fact
List all facts in controversy necessary to the final disposition of the case.
Agreed Applicable Propositions of Law
State the legal principles governing this case that are not in dispute.
Contested Issues of Law
State briefly the disputed issues of law. MEMORANDA OF AUTHORITIES MUST BE FILED TO
ADDRESS EACH OF THE ISSUES THAT AFFECT THE CASE.
Exhibits
Each counsel shall attach to the joint pretrial order two (2) copies of a list on a form substantially similar to that
attached of all exhibits expected to be offered. Counsel shall make the exhibits available for examination by
opposing counsel on or before the date the joint pretrial order is due. This rule does not apply to rebuttal exhibits
or those the use of which cannot be anticipated.
All counsel requiring authentication of an exhibit must notify the offering counsel in writing within three (3)
business days after the exhibit is made available. Failure to object in writing concedes authenticity.
The court will admit into evidence all exhibits listed in the final pretrial order unless opposing counsel files written
objections with authorities by the date set forth in the scheduling order. The filing should include copies of the
disputed exhibit and relevant authority.
The offering party shall mark his or her own exhibits before trial to include the party’s name, case number,
and exhibit number on each exhibit, unless joint exhibits are to be used and marked accordingly. If an
exhibit has multiple pages, each page must be numbered consecutively.
Witnesses
Each counsel shall attach two (2) copies of a list in a form substantially similar to that attached setting forth the
names and addresses of each witness (not counsel’s address) who will or may be called at trial in the order of his
or her appearance, including a brief statement of the subject matter and substance of his or her testimony, as well
as the estimated time for his or her examination. If a witness is to appear by deposition, cite the inclusive pages
and lines to be read. Objections to those portions (citing pages and lines) with supporting authority shall be filed
by the date set forth in the scheduling order.
Counsel shall submit a written summary of the qualifications of each expert witness. The court expects the
attorneys to prove their witnesses’ expertise through examination.
Include in this section the following statement:
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 rebuttal or impeachment witnesses, the necessity of whose
testimony cannot reasonably be anticipated before the time of trial.
Settlement
Include a statement as to the status of settlement negotiations, and, if applicable, that all settlement efforts have
been exhausted. State the current settlement demand and offer and whether the case can reasonably be expected
to settle.
Trial
Include in this paragraph the following:
(a) Whether trial will be jury or non-jury;
(b) Probable length of trial;
(c) Availability of witnesses;
(d) Any foreseeable logistical problems.
Voir Dire
The court allows the parties to conduct voir dire within reasonable time constraints which will
be discussed at the Final Status Conference. The court will consider requests from the parties to ask questions
of the jury that the parties believe should come from the judge.
Additional Required Attachments
For jury trials, file the following electronically on CM/ECF AND DELIVER TWO COURTESY
COPIES TO CHAMBERS:
(a) Proposed questions for judge-conducted voir dire examination, if any (see above);
(b) Agreed charge, including proposed jury instructions, definitions, interrogatories, and
authority;
(c) Memoranda of law on disputed issues of law;
(d) Motions in limine.
For non-jury trials, file the following electronically on CM/ECF AND DELIVER TWO COURTESY
COPIES TO CHAMBERS:
(a) Proposed findings of fact and conclusions of law, separating those agreed from those in
dispute. The conclusions of law must include citation of authority.
(b) Memoranda of law on disputed issues of law.
APPROVED:
Counsel for Plaintiff(s) Date
____________________________________ ______________________________
Counsel for Defendant(s) Date
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versus § CIVIL ACTION NO. 1: -CV-
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§ EXHIBIT LIST OF
§
PRESIDING JUDGE PLAINTIFF’S COUNSEL DEFENDANT’S COUNSEL
Christine L. Stetson
JURY/ NON-JURY TRIAL COURT REPORTER COURTROOM DEPUTY
Sherré White
[Party Name] OFFERED OBJECTION ADMITTED DESCRIPTION OF EXHIBIT
NO.
EXHIBIT LIST (Continued)
CASE STYLE: CASE NO.
[Party Name] OFFERED OBJECTION ADMITTED DESCRIPTION OF EXHIBIT
NO.
§
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versus § CIVIL ACTION NO. 1: -CV-
§
§ WITNESS LIST OF
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PRESIDING JUDGE PLAINTIFF’S COUNSEL DEFENDANT’S COUNSEL
Christine L. Stetson
JURY/ NON-JURY TRIAL COURT REPORTER COURTROOM DEPUTY
Sherré White
NO. WITNESS NAME WITNESS ADDRESS (Including City of DESCRIPTION OF WITNESS TESTIMONY (Including estimated
Residence and Telephone Number) time for his or her examination)
WITNESS LIST (Continued)
CASE STYLE: CASE NO.
NO. WITNESS NAME WITNESS ADDRESS (Including City of Residence DESCRIPTION OF WITNESS TESTIMONY (Including estimated
and Telephone Number) time for his or her examination)
