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Standing Order MC-16 Pretrial Conferences; Scheduling Orders; Joint Pretrial Orders; Required Pretrial Materials in Civil Cases

E.D. Tex. Standing Order (Marcia Crone) · Marcia Crone

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION STANDING ORDER MC-16 PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT The following standing order is ADOPTED: STANDING ORDER MC-16 PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT (a) PRETRIAL CONFERENCES AND SCHEDULING ORDERS (1) Attached is a general scheduling order form used by the court in most cases. 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 subsequent to 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 final status conference dates is available on the United States District Court for the Eastern District of Texas webpage for Judge Crone. (b) REQUIRED PRETRIAL MATERIALS IN CIVIL CASES (1) Joint Pretrial Order The joint pretrial order, including motions in limine, deposition designations, 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) COURTESY COPIES OF THE JOINT PRETRIAL ORDER AND ATTACHMENTS, PRINTED IN COLOR AND 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 a citation to the relevant authority. 2 (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 Evidentiary Hearings (iii) Exhibit lists and objections; (iv) Witness lists and objections; (v) Deposition designations and objections. (3) Exhibits (A) Counsel for each party shall assemble all documents, photographs, or other materials expected to be used as exhibits 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 parties must confer before submitting the Joint Pretrial Order to determine whether the parties intend to use any of the same documents, photographs, or other materials at trial. To the extent any such overlap exists, the parties must designate the overlapping materials as joint exhibits and file a joint exhibit list. If joint exhibits are agreed upon, they must each be marked with the case name, case number, and exhibit number. For exhibits that are not agreed upon, however, 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. If an exhibit has multiple pages, each page must be numbered consecutively. 3 (B) Any foreign language document offered by a party shall be accompanied by an English language translation and a certification signed by the translator that must be printed legibly or typed. Such certification must include a statement that the translator is competent to translate the document, and that the translation is true and accurate to the best of the translator’s knowledge. (C) 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. (D) Counsel shall attach to the joint pretrial order a 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. (E) The court will admit all exhibits listed in the joint pretrial order into evidence at the final pretrial conference unless opposing counsel timely files written objections supported by authority. 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. (F) The court will rule on objections to the exhibits at the final pretrial conference. (G) Two (2) courtesy copies of the exhibits shall be printed in color and 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 page of multi- page exhibits must be numbered consecutively. Each notebook shall be labeled on the outside cover with the name of the offering party, the case style, and the case number, and include a copy of the exhibit list. 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, and joint exhibits must be placed in a binder of third color and be accompanied by a joint exhibit list. The parties shall confer on notebook colors prior to submission. THESE NOTEBOOKS SHALL BE DELIVERED TO CHAMBERS ALONG WITH THE COURTESY COPIES OF THE JOINT PRETRIAL ORDER. (H) 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 4 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. Joint exhibits must be placed in a binder of another color. All admitted exhibits will go to the jury during deliberations. (4) Witnesses (A) Counsel shall submit as part of the joint pretrial order a copy 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) As mentioned above, 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. 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. 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) TWO (2) COURTESY COPIES OF THE COMPLETE DEPOSITION SHALL BE DELIVERED TO CHAMBERS WITH THE JOINT PRETRIAL ORDER. The designated portions of each deposition shall 5 be highlighted as follows. Each party shall use a different color highlighter (e.g., plaintiff shall use a yellow highlighter, defendant shall use a blue highlighter, and a green highlighter will be used for overlapping designations). If any portion of the designation is objected to, the parties shall provide two (2) revised courtesy copies of the complete deposition, which shall include the highlighting of the designated portions as specified above, and the underlining the objected-to portions in red on or before the deadline for objections included in the scheduling order. (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) 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 at Beaumont, Texas, this 17th day of October, 2025. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS § ________________________________ § § versus § CIVIL ACTION NO. 1:__-CV-___ § ________________________________ § § SCHEDULING ORDER The following schedule shall be followed. All communications concerning the case shall be directed in writing to Julia Colyer, Court Administrator for Judge Crone, 300 Willow St., Suite 239, Beaumont, TX 77701. For urgent matters, Ms. Colyer may be contacted at (409) 654-2880. This scheduling order does not relieve the parties from obtaining leave of court whenever required by statute, the Federal Rules of Civil Procedure, local rule, or case law. All parties must comply with Judge Crone’s Standing Orders, which are available on the court’s website: https://www.txed.uscourts.gov/?q=judge/district-judge-marcia-crone. Failure to comply with the Standing Orders or any other order of the court may result in the imposition of sanctions. 1. ________________________ NEW PARTIES shall be joined by this date. 2. ________________________ The pleadings shall be AMENDED by this date. 3. ________________________ PLAINTIFF[S] shall designate EXPERT WITNESSES in writing and provide expert reports by this date. (This date must be after the deadline to amend pleadings.) 4. ________________________ DEFENDANT[S] shall designate EXPERT WITNESSES in writing and provide expert reports by this date. (This date must be after the deadline to amend pleadings.) 5. ________________________ DISCOVERY shall be completed by this date. (This date must be after the deadlines to designate expert witnesses.) 6. ________________________ MOTION CUT-OFF. Aside from motions in limine, no motion, including motions to exclude or limit expert testimony, shall be filed after this date except for good cause shown. Without leave of court, a party may file only one summary judgment motion. (This date must be at least 2 weeks after the discovery completion date.) If no motions are pending at the time of the Motion Cut-Off deadline, the parties shall submit a joint status report by this date. The status report should state whether this matter will be ready for trial by the Final Status Conference deadline, as well as any other pertinent issues regarding these proceedings. 7. ________________________ The JOINT PRETRIAL ORDER, including motions in limine, deposition designations, and a proposed charge or proposed findings of fact and conclusions of law, shall be filed and proposed trial exhibits shall be exchanged on or before this date. (This date must be at least 12 weeks after the motion cut-off.) 8. ________________________ OBJECTIONS TO proposed exhibits, witnesses, and deposition designations, as well as responses to motions in limine, shall be filed by this date. (This date must be no more than 1 week after the Joint Pretrial Order is due.) 9. ________________________ RESPONSES TO OBJECTIONS shall be filed by this date. A failure to file a response to an objection shall create a presumption in favor of the court’s sustaining the objection. (This date must be no more than 1 week after the objections are due.) 10. ________________________ FINAL STATUS CONFERENCE at 10:00 a.m. (Select a date from the attached list, which must be at least 2 weeks after the responses to objections are due.) The case will be set for Final Pretrial Conference and Trial at the Final Status Conference. The parties should be prepared to try the case by this date. 11. _______________________ Estimated time to try before a jury/the court. (Underline one.) Beaumont Final Status Conference Dates for Judge Marcia A. Crone (Select one of the dates listed below to complete Number 10 of the Scheduling Order) November 7, 2025 May 7, 2027 December 5, 2025 June 4, 2027 January 2, 2026 July 2, 2027 February 6, 2026 August 6, 2027 March 6, 2026 September 3, 2027 April 3, 2026 October 1, 2027 May 1, 2026 November 5, 2027 June 5, 2026 December 3, 2027 July 10, 2026 January 7, 2028 August 7, 2026 February 4, 2028 September 4, 2026 March 3, 2028 October 2, 2026 April 7, 2028 November 6, 2026 May 5, 2028 December 4, 2026 June 2, 2028 January 8, 2027 July 7, 2028 February 5, 2027 August 4, 2028 March 5, 2027 September 1, 2028 April 2, 2027 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS § ________________________________ § § versus § CIVIL ACTION NO. 1:__-CV-___ § ________________________________ § § 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 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 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. Additional Required Attachments For jury trials, file the following electronically on CM/ECF AND DELIVER TWO COURTESY COPIES TO CHAMBERS: (a) Proposed questions for the voir dire examination; (b) Agreed charge, including proposed jury instructions, definitions, interrogatories, and authority; (c) Memoranda of law on disputed issues of law; (d) Motions in limine; (e) Deposition designations. 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; (c) Deposition designations. APPROVED: Counsel for Plaintiff(s) Date Counsel for Defendant(s) Date UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS § ________________________________ § § versus § CIVIL ACTION NO. 1:__-CV-___ § ________________________________ § EXHIBIT LIST OF ______________ § DATE SUBMITTED: ____________ PRESIDING JUDGE PLAINTIFF’S COUNSEL DEFENDANT’S COUNSEL Marcia A. Crone JURY/ NON-JURY TRIAL COURT REPORTER COURTROOM DEPUTY Julia Colyer [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. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS § ________________________________ § § versus § CIVIL ACTION NO. 1:__-CV-___ § ________________________________ § WITNESS LIST OF ______________ § DATE SUBMITTED: ____________ PRESIDING JUDGE PLAINTIFF’S COUNSEL DEFENDANT’S COUNSEL Marcia A. Crone JURY/ NON-JURY TRIAL COURT REPORTER COURTROOM DEPUTY Julia Colyer NO. WITNESS NAME WITNESS ADDRESS (Including City of Residence DESCRIPTION OF WITNESS TESTIMONY (Including estimated 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)
Official source: https://www.txed.uscourts.gov/sites/default/files/judgeFiles/MC-16_Edits%20%2810.15.25%29. · retrieved 2026-07-22