UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
GEORGE C. HANKS, JR.
UNITED STATES DISTRICT JUDGE
COURT PROCEDURES
The accompanying Procedures are to be used in conjunction with the Local Rules for
the Southern District of Texas and the Federal Rules of Civil and Criminal Procedure—not
as a substitute for them.
The Local Rules of this District can be obtained at www.txs.uscourts.gov. The Court
requires strict compliance with the Federal Rules, Local Rules, and these Procedures.
A failure to comply with the Local Rules or Procedures may result in sanctions.
HONORABLE UNITED STATES DISTRICT JUDGE GEORGE C. HANKS, JR.
United States Courthouse
515 Rusk Street, Room 6202
Houston, TX 77002
Telephone: (713) 250-5757
Fax: (713) 250-5871
KIMBERLY PICOTA
Case Manager for Judge George C. Hanks, Jr
515 Rusk Street, Room 5300
Houston, TX 77002
Telephone: (713) 250-5406
Fax: (713) 250-5356
Email:
[email protected]
Last updated January 7, 2022
TABLE OF CONTENTS
1. CONTACT WITH COURT PERSONNEL
2. COURTESY COPIES OF DOCUMENTS
3. EMERGENCIES
4. CONTINUANCES
5. APPEARANCES AND CONFERENCES
6. MOTION PRACTICE
7. MOTIONS AND MEMORANDA OF LAW
8. INITIAL PRETRIAL CONFERENCES AND DOCKET CONTROL ORDERS
9. REQUIRED PRETRIAL AND TRIAL MATERIALS
10. TRIAL SETTINGS
11. EXHIBITS
12. EQUIPMENT
13. COURTROOM PROCEDURES
14. VOIR DIRE
15. SETTLEMENTS AND ORDERS OF DISMISSAL
16. DOCKET CONTROL ORDER
17. JOINT PRETRIAL ORDER
18. EXHIBIT LIST
19. JOINT TRIAL WORKSHEET
20. CONSENT TO PROCEED BEFORE THE MAGISTRATE JUDGE
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1. CONTACT WITH COURT PERSONNEL
A. In order to eliminate ex parte communications, the Court requires that all
documents are to be filed through the District Court=s Case
Management/Electronic Case Filing (ACM/ECF@) System. See Southern
District Local Rule 5.1 and the District=s Administrative Procedures for
CM/ECF (as amended and available at www.txs.uscourts.gov). Pro se
parties who are not granted access to CM/ECF may file their documents in
person, at the Clerk’s Office or by regular mail to the Clerks Office, 515
Rusk., Room 5300, Houston, Texas 77002.
B. Any case-related telephone and email inquiries should be made to the
Case Manager. Inquiries should not be made to the Court’s law clerks, nor
to the Judge.
C. The Court=s caseload does not allow the Case Manager to respond to casual
telephone inquiries about the status of motions or cases.
D. Information about the status of documents, entry of orders, or docket
entries should be obtained from the CM/ECF or Pacer Systems, or if
absolutely necessary, from the United States District Clerk=s Office ((713)
250-5500).
E. Correspondence with the Court must be sent to the Case Manager as
follows:
Kimberly Picota
Case Manager to Judge George C. Hanks, Jr. United
States Courthouse
515 Rusk St., Room 5300
Houston, TX 77002
Or by email:
[email protected]
1. The parties must also file copies of all case-related letters to the Court
via CM/ECF.
2. Email correspondence with the Court or Case Manager will be docketed
at the Court’s discretion.
3. In extreme circumstances, copies of urgent documents may be hand-
delivered to the Clerk’s Office in Houston during regular business hours
(see Emergencies, § 3 below), or emailed to the Court’s Case Manager.
Documents that are delivered or transmitted after 4:30 p.m. may not be
read until the next business day. Copies of any such documents must be
transmitted to all counsel of record prior to and in the same manner as
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the document is transmitted to the Court.
2. COURTESY COPIES OF CERTAIN DOCUMENTS REQUIRED
A. The parties must promptly deliver to the Clerk’s Office in Houston
courtesy copies of:
(i) documents fifty (50) pages or more in length (including exhibits
and attachments), and
(ii) documents pertaining to matters being heard by the Court within
three days after the document is filed, and
(iii) documents for which courtesy copies are required by § 7A,
Motions and Memoranda of Law.
B. Do NOT fax or email copies of documents to Chambers unless specifically
authorized to do so by the Court.
3. EMERGENCIES
A. Applications for immediate relief, including restraining orders, must be
filed electronically through the CM/ECF system and all related
communications with the Court must be through the Case Manager. Such
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, or an
explanation of why such contact has not been made.
B. Motions for extension of deadlines or cut-off dates in the Docket Control
Order are not emergencies. (See Continuances, § 4 below.)
4. CONTINUANCES
A. Agreements or joint motions among counsel for continuance or
extensions of deadlines are not binding on the Court. Motions for
continuance will be granted only at the Court’s discretion.
The Court’s trial settings are usually firm, and continuances will
rarely be granted because of discovery disputes.
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B. Vacation requests will be respected if they are made well in advance of a
trial setting or hearing date.
C. A trial will not be continued because of the unavailability of a witness.
Counsel are expected to anticipate such possibilities and should be prepared
to present testimony by written deposition, videotaped deposition, or by
stipulation.
5. APPEARANCES AND CONFERENCES
A. Counsel may not appear at hearings or conferences unless they are listed as
an attorney of record on the docket sheet. Counsel are responsible for
ensuring that they are properly listed on the docket sheet.
B. An attorney who appears at a hearing or conference MUST
1. be familiar with the case, and
2. have authority to bind the client.
C. During any setting, hearing, or conference in a case, all counsel and pro se
parties should be prepared to discuss any pending motions or issues before
the Court in that case.
D. Out-of-town counsel wishing to appear at a conference or hearing by
telephone must submit a written request by email to the Case Manager as
far in advance of the conference as reasonably possible. The Court will
attempt to accommodate such requests, if feasible. The Court’s preference,
however, is to set dispositive or contested motions in person. Counsel
appearing by telephone should use a landline. Matters involving pro se
parties will be heard in person, unless stated otherwise.
E. Counsel and pro se parties shall notify the Case Manager immediately in
writing of the parties’ settlement of any matter before the court. Upon
receipt of a notice that the entire case is settled, the Court may enter a
conditional order of dismissal.
F. Failure to appear when notified of a setting may subject an attorney and/or
party to sanctions, including dismissal for want of prosecution and/or other
appropriate order or judgment.
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G. Motions for admission pro hac vice shall include the attorney applicant=s
averment that he or she has familiarized him/herself with the Local Rules
of the Southern District of Texas and these Procedures.
6. MOTION PRACTICE
A. General Guidelines: The Court follows the written motion practice described
in the Local Rules.
B. Pre-Motion Conferences Required for Particular Motions
In all cases except habeas corpus/prisoner petitions and Social Security and
Bankruptcy appeals, a pre-motion conference must be requested before filing:
i. Any motion pursuant to Fed. R. Civ. P. 12;
ii. Any motion for a change of venue;
iii. Any motion to remand; or
iv. Any motion to amend a pleading pursuant to FED. R. CIV. P. 15
where leave of court is required.
Additionally, the Court has particular requirements for discovery and scheduling
disputes. These requirements are set out at § 6.E. below.
The pre-motion conference may be held in person or by telephone, at the
discretion of the Court. The Court hopes to use this procedure to advance the
case efficiently and minimize the costs of litigation to the parties.
To request a pre-motion conference, a party shall file and serve a letter not to
exceed three (3) pages in length setting forth the basis for the anticipated motion,
and affirming that they have conferred with all parties regarding the relief to be
requested. All parties may, but are not required to, serve and file a letter
response, not to exceed three (3) pages within five (5) days from filing of the
notification letter. The Court may act on the initial request before a response is
filed.
Rule 12(a) prescribes time requirements for the filing of answers and for the
filing of motions permitted under Rule 12. For the purposes of these timing
requirements, a pre-motion conference letter requesting permission to file a
motion permitted by the Rule shall be considered the equivalent of the motion
itself. Compliance with this procedure shall not be deemed a waiver of any
parties’ defenses as to insufficient service of process or lack of personal
jurisdiction. Similarly, a pre-motion conference letter requesting permission to
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file a particular motion shall be considered the equivalent of the motion itself for
the purposes of determining compliance with the case deadlines.
In many cases, it will be apparent from the letter requesting a pre-motion
conference that such a conference will not be a useful expenditure of the parties’
time, and the parties will be notified by the Court that a pre-motion conference
will not be set. In other cases, the usefulness of a pre-motion conference will be
clear based on the request. Counsel are informed that such decisions are
commonly made before the time for filing response letters has expired, but any
such decisions may be revisited upon the filing of a timely response letter.
Note that these provisions do not apply to motions other than those specifically
enumerated. For example, letters requesting pre-motion conferences are not
required for motions pursuant to Fed. R. Civ. P. 50, 59 and 60, and counsel
should be aware that the Court of Appeals will not accept an argument that
compliance with district court motion rules should excuse noncompliance with
Fed. R. App. 4. See, e.g., Bowles v. Russell, 551 U.S. 205, 206-08 (2007)
(holding no jurisdiction exists over appeal filed within time permitted by district
court but outside time provided by Fed. R. App. P. 4(a)(6)).
Failure to comply may result in the Court striking the motion.
C. Requirements for All Motions
1. Counsel and pro se parties must make serious and timely efforts to
confer with opposing counsel on all motions to try to reach
agreements on the relief requested.
2. All motions must contain a certificate of conference stating that
counsel and pro se parties have conferred regarding the substance of
the relief requested, and stating whether the relief is opposed or
denied. In circumstances where opposition remains uncertain, the
party filing the motion must make at least two attempts to ascertain
whether the relief is opposed, and must provide a certificate of
conference stating the number of attempts made to contact the
opposing party, the method of those attempts (i.e., fax, e-mail,
telephone call, postal mail), the date and time of the attempts, and the
results obtained thereby. Even motions that may be unopposed, joint,
or agreed by two or more parties require a certificate of conference.
3. All motions except motions pursuant to Federal Rules of Civil
Procedure 56 must be accompanied by a separate proposed order. Do
not submit a proposed order that contains a bare signature block.
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Instead, include a few lines of substantive text above the page
containing the signature block.
4. Pursuant to the Local Rules, opposed motions may be considered by
the Court after expiration of 21 days from the motion filing date,
without notice from the Court. Unless the Court issues a briefing
schedule, responses by the nonmovant must be filed within 21 days of
the motion. Movant may file a reply within seven calendar days after
the non-movant=s response. No further briefing, including
supplements and sur-replies, should be filed without leave of Court.
The Court will usually decline to consider such additional briefing.
When circumstances dictate, the Court may consider and rule upon a
motion prior to expiration of the 21-day period.
5. Any party wishing to make a discovery or scheduling motion should
arrange for a conference with the Court before submission of any
motion papers. See “Discovery and Scheduling Disputes” below.
6. Because most motions will be ruled on without an oral hearing,
focused, clear motion papers are very important. (See Motions and
Memorandum of Law, § 7 below) Separate requests for oral argument
on motions are not necessary. The Case Manager will notify counsel
if the Court determines that oral argument would be beneficial.
7. All pleadings or other documents filed under seal in a civil case must
be identified as SEALED and by the title of the document. For
example, a motion for summary judgment filed under seal must be
docketed as “MOTION for Summary Judgment (SEALED).” No
pleading may be filed for docketing simply as ASEALED
DOCUMENT@ without advance permission of the Court.
8. Counsel and pro se parties are directed to Federal Rule of Civil
Procedure 6(b)(1), which allows extension of deadlines upon a
showing of “good cause.” In most cases, the Court will be inclined to
grant the first, unopposed motion to extend a particular deadline as a
matter of courtesy, so long as that motion recites sufficient cause and
is submitted before the deadline in question. Second motions for
extension of time will be granted on a case-by-case basis. Third
motions for extension of time are disfavored but will be granted in
extraordinary circumstances. Motions made after a deadline should
comply with Federal Rule of Civil Procedure 6(b)(2).
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9. The Court strongly encourages litigants to be mindful of opportunities
for young lawyers (i.e., lawyers practicing for less than seven years)
to conduct hearings before the Court, particularly for motions where
the young lawyer drafted or contributed significantly to the underlying
motion or response. The Court believes 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.
D. Submitted Motions B Need for Expedited Decision:
1. The Court will rule on motions as soon as possible after the
submission day or a response is filed. Counsel of record and pro se
parties will be furnished with copies of orders.
2. If a pending motion requires resolution on an expedited basis, please
advise the Court by motion.
E. Discovery and Scheduling Disputes: Most discovery and scheduling disputes
can and should be resolved by counsel without the intervention of the Court.
Compromise is encouraged.
1. Counsel are responsible for conferring in good faith to resolve
discovery and scheduling disputes. If counsel for the parties are
unable to reach an agreement, a conference with the Court must be
sought by a joint letter filed with the Court. The parties should file a
joint letter that does not exceed 2 pages, outlining the issues. The
letter MUST specify the date, time and place of the parties’ prior out-
of-court discovery or scheduling discussion(s), the results of the
discussions, and the names of all counsel or pro se parties
participating therein. If counsel has been unable to confer because of
the unavailability or unwillingness of certain counsel or pro se parties
to do so, the statement shall recite the facts concerning attempts to
confer.
2. The Court will dispose of discovery disputes at the conference to the
extent possible. If a written motion is necessary, the issues to be
addressed and a briefing schedule will be set during the conference.
3. These procedures also apply to discovery regarding non-parties. Non-
parties should, to the extent possible, comply with these requirements
prior to filing a motion to quash.
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4. If the dispute for which the Court’s intervention is sought involves the
discovery of electronic data, the parties shall bring (or have available
by telephone) a person with detailed knowledge of the computers and
electronic databases at issue. This computer and database expertise
will permit reliable responses to the Court’s inquiries and will assist
the Court in developing an appropriate resolution of the dispute.
5. The Court strictly enforces the Federal Rules of Civil Procedure and
the Local Rules with regard to disclosure and discovery.
**Counsel should use a numbering system during the discovery
process to allow for the orderly discussion of documents during the
discovery and pretrial process.**
7. MOTIONS AND MEMORANDA OF LAW
A. Page Limits and Briefing Requirements: The Court requires
concise, pertinent and well-organized motions and memoranda of law.
Without leave of Court, any motion, brief, or memorandum shall be
limited to 25 pages, 13-point type-font, double-spaced, with 1”
margins. Generally, a motion should contain the legal argument and
authorities and separate memoranda should not be filed.
Any motion, brief, or memorandum that has more than ten (10) pages
of argument must contain the following items, while all motions,
briefs and memoranda must contain items 3, 4, 6, and 7 below.
1. A table of contents with the page number of each section,
including all headings designated in the body.
2. A short statement of the nature and stage of the proceeding.
3. A statement of the issues to be ruled upon by the Court and, with
respect to each issue, a short statement (supported by legal
authority) of the standard of review.
4. A short summary of the argument.
5. Succinct headings dividing the argument into separate points.
6. A short conclusion stating the precise relief sought.
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7. All motions, except for summary judgment motions, must
contain a proposed order setting forth the relief requested by the
movant. Orders should be in the form used by the Court, and
should not contain any document system codes or
client/matter billing numbers.
Items 1 and 7 do not count towards the 10-page and 25-page limits.
B. Copies of Authorities and Other Material Cited:
1. Please append copies of cases and the relevant parts of
authorities that are cited only if the authorities are not found in
commonly used resources such as the United States Code,
United States Supreme Court Reporter, Federal Reporters,
Federal Rules Decisions, Federal Supplement, Southwestern
Reporter Second or Third, or Vernon=s Revised Statutes and
Codes Annotated. Unpublished authorities that are easily
available on Westlaw or Lexis also do not need to be provided
to the Court.
2. Copies of supporting affidavits, deposition testimony excerpts,
and other evidence relied upon in the motion, brief, or
memorandum should be separately filed in one or more
appendices.
3. All appendices should contain a table of contents, and courtesy
copies of appendices or those filed conventionally (i.e., not
electronically) should be tabbed at the right margin to facilitate
location of the materials cited.
8. INITIAL PRETRIAL CONFERENCES AND DOCKET CONTROL ORDERS
Please refer to Local Rule 16.1 and the Court’s Form Order for Conference.
See §5 supra (“Appearances and Conferences”) for general procedures for
conferences. In addition:
A. A Joint Discovery/Case Management Plan (in the attached form) must
be filed at least seven business days before the Initial Pretrial
Conference in Civil cases.
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B. At the Initial Pretrial Conference in civil cases, the Court will enter a
Docket Control Order. Attached is a form of the Docket Control Order
used by the Court.
1. The parties may agree on deadlines for completion of pretrial
matters and bring a proposed Docket Control Order to the Initial
Pretrial Conference.
2. If a change to an existing Docket Control Order is requested, all
parties shall submit recommendations for adjusting all dates in
the Docket Control Order that follow the date sought to be
modified.
C. Additional Parties: If new parties are joined after entry of the Docket
Control Order, the party causing such joinder shall provide to the new
parties: (i) copies of all orders and pleadings previously filed in the
case, (ii) the operative Docket Control Order, and (iii) these Court
Procedures.
9. REQUIRED PRETRIAL AND TRIAL MATERIALS
A. Joint Pretrial Order: Joint Pretrial Orders must be signed by all
counsel. All parties are responsible for cooperating and complying
with all requirements to prepare the Joint Pretrial Order, however, it
is the plaintiff’s responsibility to manage such joint efforts. The Joint
Pretrial Order must be filed by the deadline set out on the Court’s
Docket Control Order.
1. Plaintiff is responsible for ensuring that a complete Joint Pretrial
Order is filed timely. A form Joint Pretrial Order is attached. It
should be followed, but may be adapted, within reason, to
accommodate the size and nature of the case. If the plaintiff fails
to file the Joint Pretrial Order, then the defendant is responsible
for filing the defendant=s portions of the Proposed Pretrial Order
in the Joint Pretrial Order format.
2. Failure to timely file a Joint Pretrial Order will subject counsel and
parties to sanctions, including dismissal for want of prosecution
and/or other appropriate relief. This includes parties appearing
pro se.
3. In civil cases, a Joint Pretrial Order should comply with the
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disclosure requirements of Federal Rule of Civil Procedure
26(a)(3).
B. Other Required Documents: In addition to the filing of the Joint
Pretrial Order, each party should also file a separate copy of each of
the following documents:
1. For all trials and evidentiary hearings:
a. Exhibit List (see attached form)
b. Witness List
c. Designations of deposition excerpts for witnesses being
called by deposition. A copy of each deposition except
must be provided to the Court.
d. Objections, if any, to an opponent=s exhibits. Objections
must be filed within the time limits set out by the Local
Rules.
e. Joint Trial Worksheet
2. For Jury Trials, the parties must file a single, joint proposed
jury charge, including all necessary instructions, definitions and
questions.
a. Each requested instruction must be numbered and
presented with authority.
b. The parties shall include in the proposed jury charge all
necessary instructions or definitions. The instructions shall,
at a minimum, include: (1) the prima facie elements of each
cause of action and defense asserted, (2) legal definitions
required by the jury, (3) items of damages, and (4) methods
of calculation of damages. Counsel are to use the
appropriate state law Patterns, or the Fifth Circuit Pattern
Jury Instructions, as modified by case law or statutory
amendments, whenever possible. Any deviations must be
identified, and accompanied with legal authorities for the
proposed deviation.
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c. Even if the parties, in good faith, cannot agree on all
instructions, definitions, or questions, the parties should
nonetheless submit a single, unified charge. Each disputed
instruction, definition, or question should be set out in bold
type, underlined or italics and identified as disputed. 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.
d. Prior to the start of trial, the parties shall also submit the
proposed charge electronically in Microsoft Word, by
emailing it to the Case Manager.
e. The parties shall file a trial memorandum of law
addressing the law governing the case and all contested
issues.
3. For Non-Jury Trials, each party must file:
a. Proposed Findings of Fact and email it to the Case
Manager (electronically in Microsoft Word);
b. Proposed Conclusions of Law and email it to the Case
Manager (electronically in Microsoft Word); and
c. Memorandum of Law. The memorandum of law,
proposed findings, and proposed conclusions at a minimum
should address the following: (1) the prima facie elements
of each cause of action and defense asserted, (2) legal
definitions, (3) components of damages, and (4) methods
of calculation of damages.
C. Trial Notebooks and Exhibit Binders: The Court requires 2 copies
of a Joint Trial Notebook and each party’s exhibits be submitted to
the Court at least 4 business days prior to the first day of trial. The
Trial Notebook should be submitted jointly, and must contain the Joint
Pretrial Order as well as each side’s Exhibit Lists, Witness Lists,
Designations, Objections, Motions in Limine, Jury Charges (where
applicable), Memoranda of Law, and Proposed Findings of Fact and
Conclusions of Law (where applicable). If counsel are wholly unable
to cooperate, then each side is responsible for ensuring that its own
Trial Notebook and exhibit binders are submitted.
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10. TRIAL SETTINGS
A. Civil cases: A civil case may be assigned either (1) a firm trial setting
or (2) a Docket Call date. At Docket Call, parties should be prepared
to answer questions on all pending motions or the Joint Pretrial Order.
Pending motions may be ruled on at Docket Call, or the Court may
take the motion under advisement. Trial may be set for any day after
the Docket Call.
B. Unless an attorney has actually commenced trial in another court,
prior trial settings will not cause the Court to pass a trial setting in a
case.
C. In order to efficiently administer the trial of the case, the Court may
request the parties to provide additional detail regarding the order in
which witnesses will be called at trial, the length of time needed for
direct and cross-examination of witnesses, and the subject matter to
be covered with each witness.
11. EXHIBITS
A. Civil cases: All exhibits must be pre-marked and exchanged among
counsel at the time the Joint Pretrial Order is filed. As a general rule,
exhibits that have not been shared with opposing counsel prior to trial
will not be received in evidence. The offering party shall mark its
name, the case number, and the exhibit number on each exhibit to be
offered.
B. Authentication Objections: Counsel requiring authentication of an
opponent=s exhibit must notify offering counsel in writing within the
time required by the Local Rules.
C. Other Objections to Exhibits: Unless otherwise directed by the
Court, a party may offer in evidence any exhibits listed in the final
Joint Pretrial Order unless opposing counsel files specific written
objections within seven days after the joint pretrial order is filed. The
Court endeavors to rule on objections to exhibits outside the presence
of the jury and will do so prior to opening statements, to the extent
possible.
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D. Copies of Exhibits: Prior to trial, all parties must provide the Court
with 2 complete sets of their exhibits for use at trial.
E. Trial Procedure for Exhibits:
1. Counsel may not pass exhibits to the jury or the witness during
trial without obtaining permission in advance from the Court.
2. Exhibits must be identified in front of the jury, or in a bench trial,
to the Court before they will be received in evidence.
3. Only exhibits admitted during trial will go to the jury during its
deliberations. Documents that are pre-admitted, but not
actually used at trial, will not be submitted to the jury.
4. Counsel are responsible for monitoring and reviewing the
completeness and organization of admitted exhibits at the close
of each day, and at the close of evidence. Court staff and the
court reporter will not take custody of the exhibits during trial.
F. Disposition of Exhibits: Counsel should become familiar with Local
Rule 79.2 regarding disposition of exhibits following trial.
12. EQUIPMENT
A. Sound and Video Equipment: The Court has projection, document
camera, sound, and video equipment in the courtroom. Counsel are
invited to use that equipment during trial. Counsel who seek to test
the equipment prior to trial shall contact the Court’s Case Manager by
email, letter or phone to make arrangements to test the equipment.
Parties may provide their own equipment, but special arrangements
must be made with the Case Manager well in advance of the day of
trial.
Trial will not be delayed due to technical difficulties.
B. Other: Easels with writing pads are available for use in the
Courtroom, upon request to the Case Manager prior to trial.
13. COURTROOM PROCEDURES
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A. Hours: The Court’s hours during trial will vary depending upon the
type of case and the needs of the parties, counsel, witnesses, and the
Court. Court normally will convene at 8:30 a.m. and adjourn by 5:00
p.m., with a 12:15 to 1:30 p.m. lunch recess.
B. Access at Other Times: Counsel needing access to the Courtroom to
set up equipment or exhibits must arrange access in advance with the
Case Manager to have the Courtroom open.
C. Court Telephones: Telephone messages for counsel or parties will
not be taken by the Judge=s staff, and counsel shall refrain from
requesting use of telephones in Chambers.
D. Filing of Documents: Handing documents to the Court, law clerks,
or Case Manager does not constitute filing of the documents in the
CM/ECF system.
1. All original documents must be filed through the CM/ECF
system.
2. Hard copies of documents filed within seven days prior to and
during trial should be submitted to the Case Manager IN
DUPLICATE.
E. Attorney Conference Rooms: Attorney conference rooms are
available upon request to the Case Manager, prior to trial. A key will
be given to counsel for use throughout the trial. Counsel must clear
the room of all materials and return the key to the Case Manager at
the conclusion of the trial.
F. Decorum:
1. General: Counsel and parties will comply with Local Rule 83.8
regarding Courtroom Behavior. These procedures are strictly
enforced.
2. Counsel=s Oral Presentations: Counsel shall stand when
addressing the Court. Counsel may use a lectern positioned
appropriately to make oral argument. Counsel may question
witnesses while standing at the lectern or seated at counsel table.
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3. Counsel will ensure that they, all parties, and all witnesses
refrain from drinking (other than water as provided by the
Court), eating, smoking, or reading newspapers, books, etc. in
the Courtroom. Counsel, parties, witnesses, and members of the
public may not bring any outside cups or containers for water
into the courtroom. The Court will provide disposable cups at
counsel table.
4. Boxes and documents should be stored outside under the table or
behind the bar in an orderly fashion.
5. Counsel’s legal assistants and support staff are expected to have
full knowledge of these Procedures.
6. No cell phones may be operated in the Courtroom. Cell
phones and other devices should be on “Silent” mode, not
“Vibrate.”
7. The Court does not permit parties, witnesses, or counsel to wait
in the 6th floor hallway.
G. Witnesses:
1. Counsel are responsible for summoning witnesses into the
Courtroom and instructing them on Courtroom decorum.
Arrangements should be made to communicate with witnesses
within the Courthouse so that they can promptly appear when
summoned to testify.
2. Counsel should bear in mind the Court’s hours and arrange for
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.
3. Counsel shall make every effort to elicit from the witnesses only
information relevant to the issues in the case and to avoid
cumulative testimony.
4. Where testimony is presented by recorded deposition to be
played for the jury, counsel should make every effort to avoid
“dead time” in the video or audio recording.
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H. Seating Assignments: The Court does not designate seating at
counsel tables. Seating is determined on a first-come, first-served
basis on the first day of trial.
I. Jury Matters:
1. While the jury is deliberating, counsel are to remain inside the
Courthouse to be immediately available for jury notes or a
verdict, unless given permission to leave by the Court.
2. After the jury is excused, counsel may not contact jurors unless
permitted to do so by the Court. See Local Rule 47.
14. VOIR DIRE
The Court generally conducts a preliminary examination of the jury panel.
Following the Court’s examination, each side in civil cases usually will be
allowed to examine the panel briefly, provided that the proposed voir dire
questions are submitted as part of the Joint Pretrial Order.
15. SETTLEMENTS AND ORDERS OF DISMISSAL
A. Settlements
1. Upon settlement of any case, counsel must immediately notify
the Case Manager in writing, by letter, or by email
(
[email protected]), and such notice shall also be filed
on CM/ECF. Such notice shall include whether the settlement is
partial or includes all parties and claims, calls for dismissal with
or without prejudice, and whether costs should be assessed to a
particular party.
2. Upon receipt of parties’ notice of settlement, the Court will enter
a 30- or 60-day conditional order of dismissal, which permits a
party to move to reopen the case if final settlement cannot be
completed within the allotted time. After the Court enters a
conditional order of dismissal, but within the time set out in the
order, parties may file a proposed final order setting out terms.
3. Upon settlement of a suit involving a minor plaintiff, counsel
must jointly move for appointment of a guardian ad litem if there
19
is potential conflict of interest between the parent(s) and the
minor, and name an agreed ad litem.
a. If counsel cannot agree on a guardian ad litem, the Court
will make the appointment. Counsel may submit the names
of qualified attorneys they propose for the appointment.
b. Contemporaneously with the motion for appointment,
counsel must notify the Case Manager by letter requesting
a settlement conference.
B. Orders of Dismissal For Want of Prosecution
Any defendant upon whom service has not been perfected within 90
days after the complaint is filed will be dismissed for want of
prosecution in accordance with Federal Rule of Civil Procedure 4(m).
20
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
, ‘
‘
Plaintiff, ‘
VS. ‘ CIVIL ACTION NO.
‘
, ‘
‘
Defendant. ‘
‘
DOCKET CONTROL ORDER
This case will be controlled by the following schedule.
DEADLINES
1. MOTIONS TO AMEND THE PLEADINGS
2. MOTIONS TO ADD NEW PARTIES The attorney causing the
addition of new parties will provide copies of this order and all
orders previously entered in the case to new parties.
3. MOTION TO CERTIFY CLASS The party seeking certification will
file a motion and supporting memorandum by this date.
4. Identification of plaintiff’s experts and production of experts’ reports in
the form required by Fed. R. Civ. P. 26(a)(2)(B).
5. Identification of defendant’s experts and production of experts’ reports
in the form required by Fed. R. Civ. P. 26(a)(2)(B).
6. COMPLETION OF DISCOVERY Written discovery requests are not
timely if they are filed so close to this deadline that the recipient
would not be required under the Federal Rules of Civil Procedure
to respond until after the deadline.
7. LIMITS ON DISCOVERY:
____________________________________________________
____________________________________________________
8. DISPOSITIVE MOTIONS
9. ALL OTHER PRETRIAL MOTIONS
10. JOINT PRETRIAL ORDER AND MOTIONS IN LIMINE Plaintiff
is responsible for timely filing the complete joint pretrial order.
All information is to comply with the disclosure requirements of
Fed. R. Civ. P. 26(a)(3). All parties are directed to read the
Court’s Procedures regarding required trial documents and
procedures.
11. DOCKET CALL Other than as set out in the Court’s Procedures, no
pleading or document filed within seven days of docket call will
be considered by the Court. Any pending motions may be ruled
on at docket call, the case will be set for trial, and further pretrial
orders may be issued.
12. JURY / BENCH TRIAL Case is subject to being called to trial on short
notice during this month.
Estimated Trial Time: _________ days.
SIGNED at Houston, Texas, this ___day of ________, _______.
___________________________________
GEORGE C. HANKS, JR.
UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
, ‘
‘
Plaintiff(s), ‘
‘
v. ‘ Civil Action No.
‘
‘
, ‘
‘
Defendant(s). ‘
JOINT PRETRIAL ORDER
[See generally Judge Hanks= Court Procedures]
**Failure to comply with these Procedures, the Local Rules, and the Federal Rules
of Civil Procedure may result in sanctions, including the Court’s refusal to allow
evidence at trial or the striking of a party’s pleadings in this lawsuit.**
Appearance of Counsel
List the parties, their respective counsel, and the mailing addresses, email addresses, and
telephone numbers of counsel in separate paragraphs.
Statement of the Case
Give a brief agreed statement of the case for the information of the Court. The Court may
read this statement to the jury panel to see whether any member of the panel is acquainted
with the facts or parties in the case. Include names, dates and places.
Jurisdiction
Briefly explain why this Court has full and complete jurisdiction over the subject matter
and the parties in this case. If there is an unresolved jurisdictional question, state the
problem.
Motions
Identify any pending motions, as well as the responses, replies, or objections.
Contentions of the Parties
In separate paragraphs, give a concise statement of each party’s contentions and claims.
Admissions of Fact
List all facts that have been stipulated to.
Contested Issues of Fact
List all factual disputes that are necessary to the final disposition of this case.
Agreed Applicable Propositions of Law
Delineate those legal propositions not in dispute.
Contested Issues of Law
Briefly state the issues of law in dispute. Along with this Joint Pretrial Order, each party
or side should submit a memorandum of law to address these issues in more depth.
Exhibits and Exhibit List
The Court strictly enforces the rules regarding disclosure and discovery. Counsel should
use a Bates numbering system during discovery to allow for the orderly discussion of
documents during the pretrial process.
Each party must attach an Exhibit List (in the form shown by Attachment A or a similar
form) of all exhibits offered, and all parties must provide copies of their listed exhibits to
opposing counsel in advance of trial. (This rule also applies to summaries and rebuttal
exhibits, except in the limited circumstances when exhibits cannot be anticipated.) The
Exhibit List should provide a clear, concise description of each exhibit, with a Bates
number from the discovery process where applicable. When possible, a Joint Exhibit List
is preferred.
Any counsel requiring authentication of an exhibit must so notify the offering counsel in
writing within seven days after the exhibit is made available to opposing counsel for
examination. Failure to do so is an admission of authenticity. See S.D. TEXAS LOCAL RULE
44.1.
At the Court’s discretion, exhibits listed in the final pretrial order may be admitted into
evidence unless opposing counsel files written objections within the time called for in the
Local Rules.
The offering party should mark its own exhibits prior to trial and include the party=s name,
case number, and exhibit number on each exhibit to be offered. (Example: Smith
Construction, 3:10-cv-0010, Ex. 1.)
Witnesses and Witness List
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, as required by Fed. R.
Civ. P. 26(a)(3).
If a witness is to appear by deposition, cite the inclusive pages and lines to be read or
submitted. Objections to those portions (citing pages and lines) with supporting authority
must be filed within seven days after the joint pretrial order is filed. Recorded depositions
should be edited to remove “dead air”.
In the event there are any other witnesses to be called at the trial, their names, addresses
and the subject matter of their testimony must be reported to opposing counsel as soon as
they are known. This restriction shall not apply to a purely rebuttal or impeaching witness
if necessity of the witness or the testimony cannot reasonably be anticipated before trial.
Settlement
Include a statement addressing whether or not all settlement efforts have been exhausted,
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; and
(c) Availability of witnesses.
Additional Required Attachments
Motions in Limine: State whether any party is filing a Motion in Limine. (All Motions in
Limine must be filed along with the Pretrial Order.) The Court discourages “catch-all”
motions in limine. Instead, motions in limine should be directed to specific issues in the
case and should relate to relief that is actually opposed.
For Jury Trials include the following:
(a) Proposed questions for the venire panel.
(b) Proposed jury instructions, definitions, and interrogatories. Each requested
instruction, definition, and interrogatory must be numbered and presented on a
separate sheet of paper with the citation and authority upon which counsel rely.
(c) Memorandum of Law.
For Non-Jury Trials include the following:
(a) Proposed Findings of Fact.
(b) Proposed Conclusions of Law.
(c) Memorandum of Law.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
__________________________, Civil Action No. _________________
Plaintiff,
Judge: George C. Hanks, Jr.
Case Manager: Gabrielle Clair
v.
__________________________,
Defendant. Proceeding:
JOINT EXHIBIT LIST
[or ___________________’s EXHIBIT LIST]
NO. DESCRIPTION Offer Obj. DATE DATE
ADMIT N/ADM
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
§
§
§
v § CIVIL ACTION NO.
§
§
§
§
JOINT TRIAL WORKSHEET
To make efficient use of trial time, each party is to provide the following information:
OPENING
Minutes Requested by Plaintiff ______________
Minutes Requested by Defendant ______________
EVIDENCE
In the order that they will be called, list the witnesses to be called, the general subject
matter to be covered with that witness, and the amount of time expected for direct
and cross examination.
Witnesses who will be called by written or recorded deposition should be included
in this section.
Witness Name:
Subject Matter:
Time for Direct: Time for Cross:
Witness Name:
Subject Matter:
Time for Direct: Time for Cross:
Witness Name:
Subject Matter:
Time for Direct: Time for Cross:
Witness Name:
Subject Matter:
Time for Direct: Time for Cross:
Witness Name:
Subject Matter:
Time for Direct: Time for Cross:
Witness Name:
Subject Matter:
Time for Direct: Time for Cross:
Witness Name:
Subject Matter:
Time for Direct: Time for Cross:
Witness Name:
Subject Matter:
Time for Direct: Time for Cross:
Witness Name:
Subject Matter:
Time for Direct: Time for Cross:
Witness Name:
Subject Matter:
Time for Direct: Time for Cross:
CLOSING
Minutes Requested by Plaintiff ______________
Minutes Requested by Defendant ______________
Provide any additional informational information that may impact the amount of time
needed for trial of this case:
________________________________________________________________________
________________________________________________________________________
__________________________________________________________________
Total Number of Hours and Minutes Estimated for Trial:
by Plaintiff ______________ by Defendant ______________
Date filed: ________________________ _______________________________
COUNSEL FOR PLAINTIFF
_______________________________
COUNSEL FOR DEFENDANT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
§
§
§
v § CIVIL ACTION NO.
§
§
§
§
Consent to Proceed Before a Magistrate Judge
All parties to this case waive their right to proceed before a district judge and consent to
have a United States Magistrate Judge conduct all further proceedings, including the trial and
judgment. 28 U.S.C. § 636(c).
________________________________ ________________________________
________________________________ ________________________________
Order to Transfer
It is ORDERED that this matter is transferred to United States Magistrate Judge Andrew
M. Edison to conduct all further proceedings, including final judgment.
Date: ____________ ______________________________________
George C. Hanks, Jr.
United States District Judge
