Judge Alfred H. Bennett
THESE COURT PROCEDURES AND PRACTICES
MUST BE SERVED WITH THE SUMMONS AND COMPLAINT OR
REMOVAL PAPERS
Your attention is directed to the Court Procedures and Practices, which are applicable to
cases assigned to Judge Alfred H. Bennett.
The plaintiff must serve these Court Procedures and Practices on all defendants, along with
the Order for Conference and Disclosure of Interested Parties, the summons, and the complaint. A
party removing a case to this Court has the same obligations as a plaintiff filing an original
complaint. Proof reflecting service of these materials must be filed with the Clerk. An example of
a Certificate of Service for removed cases can be found at the end of this document.
In addition, parties may, at their option, proceed with civil cases before a Magistrate Judge.
The Consent to Proceed before a Magistrate Judge and accompanying notice can be found at
https://www.txs.uscourts.gov/district/district-forms-filing-fees. Regardless of consent, the Initial
Conference will be conducted by the Magistrate Judge. All questions regarding the Initial
Conference should be directed to the Magistrate Judge.
These Court Procedures and Practices are to be used in conjunction with the Local Rules
of the United States District Court for the Southern District of Texas, not as a substitute for them.
The Local Rules of this District can be obtained on the District website at
https://www.txs.uscourts.gov/page/local-federal-rules. The Court requires strict compliance with
the Local Rules.
Please review these Court Procedures and Practices in their entirety
before contacting the Case Manager:
Lisa Edwards, Case Manager
To United States District Judge Alfred H. Bennett
United States District Court
515 Rusk St., Room 8624
Houston, TX 77002
Telephone: 713-250-5850
Email:
[email protected]
Revised 07/2026
Court Procedures and Practices
A. GENERAL PROCEDURES
1. Contact with Court Personnel
2. Requests to Continue Hearings
3. Courtesy Copies
4. Electronic Filing
5. Appearances
6. Emergencies
7. Young Lawyers
8. Font
B. PRETRIAL PRACTICE
1. Initial Scheduling Conferences
2. Expedited Trial Alternative
3. Continuances
4. Discovery Disputes
5. Motion Practice
6. Settlements and Orders of Dismissal
7. Default Judgment
8. Protective Orders/Stipulated Confidentiality Orders
9. Non-Paper Exhibits
C. TRIAL PRACTICE
1. Trial Settings
2. Pretrial Filings
3. Exhibits
4. Jury Selection
5. Hours
6. Depositions
7. Courtroom Protocol
8. Courtroom Technology
9. Examples
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COURT PROCEDURES AND PRACTICES
A. GENERAL PROCEDURES
1. Contact with Court Personnel
Case-related inquiries regarding any case must be made by e-mail to the Case Manager, Lisa
Edwards, at
[email protected]. Please ensure opposing counsel is CC’d unless it is
regarding a sealed issue. At the Court’s direction, law clerks may contact counsel; however, they
will not discuss matters other than the subject of the call or e-mail. Lawyers must not call the
Court’s law clerks unless they are returning a call or e-mail.
2. Requests to Continue Hearings
Any motion or request to continue a hearing must be submitted no later than forty-eight (48) hours
before the scheduled setting, absent truly unavoidable circumstances. Requests made outside this
timeframe may not be granted. If you do not receive notice of re-setting, please attend as scheduled.
3. Courtesy Copies
Do not submit physical courtesy copies to the Court unless requested.
4. Electronic Filing
The Court requires that parties file documents through the District Court’s Case
Management/Electronic Case Filing (“CM/ECF”) System. See Local Rule 5.1 and Administrative
Procedures for CM/ECF (as amended and available at www.txs.uscourts.gov).
5. Appearances
An attorney who appears at a hearing or conference shall:
(a) be familiar with the case and be prepared to argue any pending motions
(including at the initial scheduling conference);
(b) have authority to bind the client; and
(c) be in charge for that appearance.
All counsel wishing to appear at a conference or hearing by telephone shall send a request to the
Case Manager by email at least three (3) business days prior to the hearing. The Court prefers for
counsel to attend in person. As such, leave for appearing at a conference or hearing by telephone
will be granted only in special circumstances. Failure to appear when notified of a setting may
subject the attorney and his or her client to sanctions. Motions to Appear Pro Hac Vice and Notices
of Appearance must be on file a week before counsel plans to appear.
6. Emergencies
If the parties agree that an emergency/expedited hearing is warranted, they must file an unopposed
emergency motion on the docket. If only one party believes that emergency or expedited relief is
warranted, that party may file an emergency motion. Note: all emergency motions must be styled
as an “Emergency Motion” on the docket using the appropriate CM/ECF event. Additionally, a
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courtesy copy must be emailed to the Case Manager, who will then provide it to the Judge for
consideration. This procedure should be reserved for truly urgent circumstances.
7. Young Lawyers
The Court strongly encourages litigants to be mindful of opportunities for young lawyers (i.e.,
lawyers practicing for fewer than seven (7) years) to conduct hearings before the Court,
particularly when the young lawyer drafted or contributed significantly to the underlying motion
or response. The Court believes that it is crucial to provide substantive speaking opportunities to
young lawyers and that the benefits of doing so will accrue to young lawyers, to clients, and to the
profession generally. Thus, the Court encourages all lawyers practicing before it to keep this goal
in mind.
8. Font
Filings must be double-spaced in Times New Roman 12-point font. All footnotes must be in Times
New Roman 12-point font.
B. PRETRIAL PRACTICE
1. Initial Scheduling Conferences
The initial scheduling conference will be conducted by the assigned Magistrate Judge. All
questions related to the initial conference, including scheduling or rescheduling, should be directed
to the assigned Magistrate Judge’s chambers.
Federal Rule of Civil Procedure 16 initial scheduling conferences are ordinarily scheduled
approximately three (3) months after the filing of the case to allow the full period for service. In
cases where service is prompt, this can result in a two- or three-month period of inactivity. To
prevent this delay, parties are permitted to commence discovery once service is effectuated and
prior to the initial scheduling conference.
Per the Order for Conference and Initial Disclosure of Interested Parties, issued prior to the initial
scheduling conference, counsel and/or the parties must confer (in person or by telephone) as
required by Federal Rule of Civil Procedure 26(f) and must prepare and file a joint discovery/case
management plan containing the information required by Rule 26(f) no later than ten (10) days
before the scheduling conference. The joint discovery/case management plan must be completed
using the form available at http://www.txs.uscourts.gov/sites/txs/files/ahb_jdcmp.pdf.
Additionally, the parties must confer, complete, and electronically file the proposed scheduling
order using the form attached to the Order for Conference. The Court will complete the dates for
the pre-trial order, docket call, and trial. See Local Rule 16.1.
The Court seeks to set all but the most complex cases for docket call within one (1) year of the
initial scheduling conference. Thus, the parties should come to the initial scheduling conference
prepared to discuss the proposed docket control order, as well as the likelihood of resolution prior
to trial.
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2. Expedited Trial Alternative
In cases that do not require substantial discovery, the Court provides the parties the option of
agreeing to an abbreviated scheduling order and expedited trial. If the parties agree to forgo
dispositive motions and formal discovery, the Court will set a date for a jury or bench trial within
three months of the initial scheduling conference. Counsel should contact the Case Manager as
soon as possible if the parties seek this option, so the Court can set a trial date. An expedited trial
is a much less expensive alternative for cases in which the parties already possess, at the time of
filing, most of the information they need. Additionally, agreeing to an expedited bench trial with
no appeal is a less expensive alternative to arbitration.
3. Continuances
The parties may agree to extensions of discovery deadlines without seeking court approval, so long
as the extension does not affect the dispositive motion deadline or docket call date. To continue
the dispositive motion deadline or docket call date, the parties must submit a motion detailing a
reasonable explanation that takes into consideration the current age and status of the case and
whether the opposing party is prejudiced by further delay. Agreed motions for continuance are
not binding on the Court and should also include an explanation as to why the parties feel a
continuance is necessary.
The Court recognizes the value and importance of working parents spending time with their
families, particularly following the birth or adoption of a child. Thus, any lead counsel who has
been actively engaged in the litigation of a matter may seek an automatic continuance of a trial
setting for up to 120 days for the birth or adoption of a child.
4. Discovery Disputes
The Court expects the parties to make every effort to resolve all discovery disputes without the
Court’s intervention. When those attempts prove unsuccessful, a conference with the Court may
be requested.
Before filing a motion regarding a discovery dispute, the complaining party must email the Case
Manager and Law Clerks a letter—not to exceed two (2) pages—explaining the nature of the
dispute. The letter must include a certificate of conference describing the parties’ good-faith
efforts to resolve the dispute, including the date, time, and place of the discovery conference and
the names of all participating counsel. A discovery letter that does not include this information
will not be considered.
The discovery email must include opposing counsel. Opposing counsel may file a response, if any,
within three (3) days. The Court will then determine the need for briefing or a conference on the
matter.
Should additional briefing be allowed, such briefing and any response must not exceed ten (10)
pages absent leave of Court. The initial letter as well as all additional briefing must include a
proposed order.
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5. Motion Practice
Most motions are ruled on by submission. Each motion must be filed as a separate docket entry,
with only one motion per filing. A motion must be filed as its own, standalone document on
CM/ECF and may not be filed as an exhibit or attachment to another filing.
When a motion is filed on the docket, the CM/ECF system will calculate the twenty-one (21) day
response deadline, which appears on the docket as the “Motion Docket Date.” This is not a hearing
date. Any request for oral argument must be made by separate motion.
All motions must comply with the following requirements:
(a) A party may not file a motion accompanied by a separate “Memorandum of
Law.” The motion itself must include the party’s argument and all legal
authority. All legal authority must be cited in the body of the motion and not
footnoted;
(b) Except for dispositive motions, all motions must include a proposed order,
pursuant to Local Rule 7.1(C). Do not include “Proposed” in the title of the
order. An example order can be found at the bottom of this document and
should be used as a formatting guide.
(c) All motions must contain a certificate of conference stating that counsel, and
any pro se parties, have conferred regarding the relief requested, and whether
the relief sought is opposed or unopposed. In circumstances where opposition
cannot be determined, the movant must make at least two attempts to ascertain
the opposing party’s position and must describe in the certificate of conference
the number of attempts made, the method of contact, the date and time of each
attempt, and the results obtained thereby. A certificate of conference is required
even for motions that are unopposed, joint, or agreed.
(d) If a party wishes to file a pleading, motion, or exhibit under seal, the party must
first file a Motion to File under Seal. The Court will then consider whether the
pleading, motion, or exhibit shall be admitted under seal;
(e) Absent leave of Court, motions and responses are limited to twenty (20) pages,
including the case style, any table of contents or authorities, and signature
block. Pursuant to Local Rule 7.4, responses must be filed within twenty-one
(21) days unless the Court orders an expedited response; and
(f) Reply briefs will be considered if submitted before the Court rules on the
motion. A reply must be filed within seven (7) days of the response and must
not exceed five (5) pages in length, including the case style, any table of
contents or authorities, and signature block. Sur-replies are rarely considered.
Should a party think one is necessary, the party must seek leave of Court.
6. Settlements and Orders of Dismissal
If the parties have settled the case, they must file a Notice of Settlement on the record and email a
courtesy copy to the Case Manager. An order of dismissal without prejudice to the right of any
party to move for reinstatement within 60 days will be entered upon all settlement announcements.
Upon settlement of a suit involving a minor plaintiff, counsel must jointly move for appointment
of a guardian ad litem if there is a potential conflict of interest between the parent(s) and the minor.
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The parties may (but are not required to) submit the names of proposed guardians ad litem upon
whom they agree. The Court will consider any names submitted but may appoint as guardian ad
litem a person whose name has not been submitted by counsel. Contemporaneously with the
motion for appointment, counsel must file a motion for a hearing to approve settlement.
Any defendant upon whom service has not been perfected within 120 days of the filing of the
complaint may be dismissed for want of prosecution in accordance with FED. R. CIV. P. 4(m).
7. Default Judgment
A party seeking a default judgment shall first file a Request for an Entry of Default from the Clerk
of the Court in accordance with Rule 55(a) of the Federal Rules of Civil Procedure. Upon entry
of said default, the party may then file a Motion for Default Judgment with the Court. The party
seeking the default judgment must notify all parties by regular and certified mail (return receipt
requested) in accordance with Local Rule 5.5 of the Southern District of Texas.
If no hearing is necessary, the Court will rule on the Motion for Default Judgment no sooner than
twenty-one (21) days after the filing of the motion. If a hearing is necessary, the parties should file
a motion requesting the same. However, if damages are liquidated, no hearing will be necessary if
the parties submit the proper evidence with the motion.
8. Protective Orders/Stipulated Confidentiality Orders
If the parties agree that a protective order or stipulated confidentiality order is necessary, they
may submit a proposed order that is narrowly tailored to the needs of the case. A copy of the
Court’s suggested template is available on the home page of the Court’s website.
9. Non-Paper Exhibits
Any exhibits provided on CDs, USBs, or other non-paper formats must be filed with the Clerk of
Court and must include a cover letter clearly indicating the style of the case, the non-paper exhibit
being filed, and, if applicable, the electronic filing associated with the exhibit. A courtesy copy of
the non-paper exhibit must be mailed to the Court at the following address:
Law Clerk to Judge Alfred H. Bennett
United States District Court
515 Rusk St., Room 8624
Houston, TX 77002
C. TRIAL PRACTICE
1. Trial Settings
For civil cases, the scheduling order will set the case for docket call, which will take place typically
on a Friday at 1:30 p.m. At docket call, the Court will notify all parties whether their case will be
tried the following week. Otherwise, parties can expect their case to be set for trial later that month.
Parties must submit all Pretrial Filings prior to docket call and be prepared to discuss those filings
at docket call. A pending dispositive motion does not cancel the docket call setting. In such
situations, counsel is expected to appear and be prepared to discuss the motion at docket call.
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For criminal cases, the same rules apply to pre-trial conferences, which will take place typically
on a Thursday at 2:30 p.m.
If the parties have settled the case or seek a continuance of the trial setting, they must file an
appropriate motion no later than seven (7) days before docket call.
2. Pretrial Filings
Jury Trials
No later than fourteen (14) days before the docket call or pretrial conference, each party must file
(1) an Exhibit List, (2) a Witness List, (3) Deposition Designations, (4) Objections to Exhibits,
Witnesses, and Deposition Designations, (5) Proposed Jury Instructions, and (6) Motions in
Limine. In civil cases, the parties must also file a Joint Pretrial Order.
• Failure to timely file objections to exhibits, witnesses, or deposition designations will
result in those objections being deemed waived absent order of the Court.
Prior to filing Motions in Limine, the parties must confer and note which requests are unopposed.
Motions in Limine should not be “form” motions, but rather specifically tailored to the evidence
at issue in the case.
Prior to the docket call or pretrial conference, each party must email the Case Manager a courtesy
copy of the Proposed Jury Instructions in Microsoft Word format.
Bench Trials
No later than fourteen (14) days before the docket call, each party must file (1) Proposed Findings
of Facts, citing deposition testimony, expected witness testimony, exhibits, and other evidence,
and (2) Proposed Conclusions of Law, citing legal authority to support each conclusion the party
seeks at trial.
Following trial, and at a time directed by the Court, each party must file Supplemental Proposed
Findings of Fact and Proposed Conclusions of Law, with citations to specific trial testimony and
admitted evidence.
3. Exhibits
To make efficient use of jurors’ time, the Court follows Local Rules 44 and 46, requiring pretrial
objections to the authenticity and admissibility of exhibits. The Court will typically address
evidentiary objections at docket call and seek to pre-admit as many exhibits as is reasonable under
the circumstances. Attorneys should use numbers, not letters, for exhibits. Counsel for each party
shall provide the court with two (2) copies of that party’s exhibits in notebooks at the beginning
of trial.
For jury trials, exhibits will be withdrawn at the conclusion of trial. For bench trials, exhibits
should be retrieved upon issuance of the Court’s Findings of Fact and Conclusions of Law. For
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the purposes of appeal, parties must electronically file admitted exhibits on CM/ECF for
transmission to the Fifth Circuit Court of Appeals.
4. Witnesses
The Court expects witnesses to appear in person unless otherwise ordered. If a party anticipates
calling a witness by videoconference or other remote means, the party must file a motion for leave
on the docket and be prepared to address the necessity for remote testimony at the docket call or
pretrial conference. The party must also notify the Case Manager of the request via email.
5. Jury Selection
Jury selection or voir dire is typically set in the morning. The Court will provide some background
information and conduct a brief preliminary examination. Lawyers will then generally be allowed
30-60 minutes per side, depending on the nature and complexity of the case. The Court typically
selects eight (8) jurors for civil cases, though it may sit more in lengthier cases.
The Court will allow for some facts during voir dire to put examination into perspective but will
not allow an opening or argument.
There will be an opportunity to question jurors individually at the conclusion of the Court’s and
attorneys’ questioning. But attorneys should not rely on this time to ask broad questions and may
only ask questions relating specifically to an issue raised during voir dire.
The Court will allow time for any Batson challenges.
5. Hours
The Court holds trial 9:00 AM to 5:00 PM, Monday through Thursday. The Court will take an
afternoon and morning break in addition to the lunch hour.
6. Depositions
The Court will accept the parties’ agreement to use a deposition at trial even though the witness is
available. Counsel must provide Deposition Designations and Objections with the Pretrial Filings.
The Court will attempt to rule on objections at docket call, if necessary, but these are usually ruled
on during trial.
7. Courtroom Protocol
(a) Be punctual;
(b) Stand when addressing the Court;
(c) Cellphone use is not permitted in the well of the Court; and
(d) No drinks are permitted besides water in the well of the Court.
Counsel may question witnesses while sitting or standing. Counsel should ask to approach the
witness the first time, but afterwards may move freely between the witness and counsel table when
questioning so requires. The party with the burden of proof has the option to be seated closest to
the jury.
Counsel will address adult witnesses as “Mr.” or “Ms.”
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Barring exceptional circumstances, each party is given only two (2) opportunities to question a
witness (i.e., direct and re-direct, or cross and re-cross).
8. Courtroom Technology
Counsel should consult with the Case Manager about technology needs at least one (1) week in
advance of trial. Please reach out to the Case Manager via email to set up an in-person
appointment.
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9. Examples
Example of an Order
THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
PLAINTIFF NAME, §
§
Plaintiff, §
vs. § CIVIL ACTION NO. 4:XX-CV-XXXX
§
DEFENDANT NAME, §
§
Defendant. §
ORDER
[Insert the text of the proposed order here. Below is the proper form of the signature block
for proposed orders.]
It is so ORDERED.
___________________________ _____________________________________
Date The Honorable Alfred H. Bennett
United States District Judge
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Example of a Certificate of Service for a Removed Case
THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
PLAINTIFF NAME, §
§
Plaintiff, §
vs. § CIVIL ACTION NO. 4:XX-CV-XXXX
§
DEFENDANT NAME, §
§
Defendant. §
CERTIFICATE OF SERVICE IN REMOVED ACTION
I certify compliance with the Order for Conference and Disclosure of Interested Parties,
which was entered upon filing of the petition for removal of this action.
On ____________________, I served copies of Judge Alfred H. Bennett’s Court
Procedures and Practices and the Order for Conference and Disclosure of Interested Parties on
all other parties.
___________________________ _____________________________________
Date Attorney for Defendant(s)
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