U.S. DISTRICT JUDGE MARINA GARCIA MARMOLEJO
United States Courthouse Heyda Rios, Judicial Assistant
1300 Victoria St. Ste. 3229 Tel: (956) 726-2209
Laredo, TX 78040 Fax: (956) 726-2900
Tel: (956) 726-2209 Email:
[email protected]
Fax: (956) 726-2900
COURT PROCEDURES IN CIVIL CASES
1. Contact with Court Personnel
2. Courtesy Copies of Documents
3. Emergencies
4. Continuances
5. Appearances
6. Motion Practice
7. Memoranda of Law
8. Use of Generative Artificial Intelligence (AI)
9. Initial Pretrial Conference and Scheduling Orders
10. Required Trial Materials (including Pretrial Orders)
11. Trial Settings
12. Exhibits
13. Equipment
14. Courtroom Procedures
15. Depositions
16. Settlement and Orders of Dismissal
17. Attachments
THESE PROCEDURES MUST BE SERVED WITH THE SUMMONS AND COMPLAINT OR
REMOVAL PAPERS and are to be used in conjunction with the Local Rules for the Southern
District of Texas and not as a substitute for them. The Local Rules of this District can be
obtained on the District website at www.txs.uscourts.gov. The Court requires strict compliance
with these Local Rules.
Updated: April 2026 1
1. CONTACT WITH COURT PERSONNEL
A. The Court requires parties to file documents through the District Court’s
Case Management/Electronic Case Filing (“CM/ECF”) System. See
Southern District of Texas Local Rule 5.1 (LR 5.1) and the District’s
Administrative Procedures for CM/ECF (as amended and available at
www.txs.uscourts.gov).
B. Case-related telephone and email inquiries are strictly limited to
procedural matters and should be made only to the Judicial Assistant.
Inquiries should not be made to the Court’s law clerks. The Court’s
caseload does not allow the Judicial Assistant to respond to casual
telephone inquiries about the status of motions or cases. All inquiries to
the Judicial Assistant should be by letter sent or delivered to Chambers,
or by email. See Section 1.D below.
C. 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 at
(956) 723-3542.
D. Correspondence with the Court must be delivered or sent to the Court’s
Chambers:
1) Case-related correspondence should be addressed to:
Heyda Rios
Judicial Assistant to District Judge Marina Garcia
Marmolejo
1300 Victoria St., Ste. 3229
Laredo, TX 78040
Or by email:
[email protected]
2) Do not address substantive issues in letter or email form. Parties
must file copies of all letters. Email correspondence with the Court
will be docketed at the Court’s discretion.
3) Copies of urgent documents (including letters) may be sent by First
Class Mail, emailed, or hand-delivered to Chambers via the Court’s
Judicial Assistant, with copies to all parties. (See Emergencies,
Section 3 below.) Service copies must be transmitted to all counsel
of record simultaneously with or prior to transmission to the Court
and in the same manner as transmitted to the Court. The
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documents may not be faxed without express prior permission of
the Court.
2. COURTESY COPIES OF DOCUMENTS
A. Letters to the Court may be hand-delivered, sent by First Class Mail to
Chambers, or transmitted by email, with copies to all parties served prior
to or at the time of filing. See addresses above. Letters concerning
discovery and scheduling matters must be filed in the docket.
B. The parties must forward promptly to Chambers courtesy copies of (i) all
documents that exceed ten (10) pages in length, including exhibits and
attachments, and (ii) documents pertaining to matters to be heard by the
Court within seven (7) days after the documents are filed. Unless this rule
is followed, the Court will not consider any documents filed within seven
(7) days of any Court appearance. Do not fax or email copies of
documents to Chambers unless specifically authorized to do so by the
Court.
3. EMERGENCIES
A. Applications for restraining orders or for other immediate relief shall be
filed electronically through the CM/ECF system and all related
communications with the Court must be through the Judicial Assistant.
1) Such applications shall be presented to the Court by the Judicial
Assistant 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
is not legally required.
2) Ex parte applications for restraining orders will not be entertained
by the Court unless the requirements of FED. R. CIV. P. 65(b) have
been satisfied.
B. Motions for extension of deadlines or cut-off dates in the Scheduling Order
are not emergencies. (See Continuances, Section 4 below.)
4. CONTINUANCES
A. Motions for continuance must be filed at least THREE (3) business
days prior to the date of the controlling deadline and will be granted
only at the Court’s discretion. Motions for continuance filed on the
date of the deadline, absent a showing of good cause, will not be
granted.
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B. Agreements or joint motions among counsel for continuance are not
binding on the Court. Parties must notify the Court of agreed
continuances by submitting an agreed motion and proposed order.
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
A. An attorney who appears at a hearing or conference must:
1) be familiar with the case,
2) have authority to bind the client, and
3) be in charge for that appearance.
B. All counsel wishing to appear at a conference or hearing by telephone must
submit a written request by e-mail to the Judicial Assistant as far in
advance of the conference as reasonably possible, unless explicitly
authorized by the Court in an order or notice of setting. The Court will
attempt to accommodate such requests.
C. Failure to appear when notified of a setting may subject the attorney
and/or his or her client to sanctions, including dismissal for want of
prosecution and/or other appropriate order or judgment.
D. 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 applicable to civil
cases before Judge Garcia Marmolejo. (See attached form, also available
at the Court’s website.)
E. Young Lawyers. 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.
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6. MOTION PRACTICE
A. General Guidelines. The Court follows the written motion practice
described in the Local Rules. In addition, the following procedures apply:
1) Counsel must make serious and timely efforts to confer with
opposing counsel on all motions to try to reach agreements on the
relief to be requested by the movant.
2) Every non-dispositive motion must contain a certificate of
conference. Failure to comply may result in the party’s pleading
being denied or stricken.
3) All motions, except summary judgment motions filed pursuant to
FED. R. CIV. P. 56, must be accompanied by a separate proposed
order granting or denying the relief requested.
4) Opposed motions generally will be considered by the Court after the
expiration of 28 days from the motion filing date. Responses by the
non-movant must be filed within 21 calendar days of the motion.
The movant’s reply must be filed within 7 calendar days after the
non-movant’s response.
When circumstances dictate, the Court may consider a motion prior
to expiration of the 28 day period.
Parties may, by agreement, extend a motion submission day, but
must give the Court prompt written notice of the agreement
accompanied by a proposed order granting the extension. Parties’
agreed extensions in violation of a Court imposed deadline require
Court approval.
5) Because most motions will be ruled on without an oral hearing,
focused and clear motion papers are very important. Requests for
oral argument on motions are not necessary. The Judicial Assistant
will notify counsel should the Court determine that oral argument
would be beneficial.
6) All pleadings or other documents filed under seal in a civil case must
be identified as “SEALED” in 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 “SEALED
DOCUMENT” without advance permission of the Court.
7) Any pleadings filed with the Court, including exhibits thereto,
containing personal data identifiers must comply with the S.D.
Texas General Order #2004-11 (available at the District’s website)
on protecting personal privacy in public case files.
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B. Submitted Motions – Need for Expedited Decision.
1) If a pending motion requires resolution on an expedited basis,
please advise the Court by letter.
2) The Court will rule on expedited motions as soon as possible after
the submission day or a response is filed. See Section 6.A.4 above.
Counsel of record and pro se parties will be furnished with copies of
orders.
C. Discovery and Scheduling Disputes.
1) The Court believes that most discovery and schedule-related
disputes, especially those dealing with (i) scheduling, (ii) the
number, length, and form of oral and written questions, (iii) the
responsiveness of answers to oral and written questions, and (iv)
the mechanics of document productions, including protective orders
and the proper method of raising claims of privilege, can be resolved
by counsel without the intervention of the Court. Counsel are
responsible for conferring in good faith to resolve discovery
and scheduling disputes. See Section 6.A.1 above.
2) If counsel for the parties are unable to reach an agreement, the
motion MUST contain a certificate of conference pursuant to SDTX
LR 7.1D and Section 6.A.2 above and specify the date, time, and
place of the parties’ prior out-of-court discovery or scheduling
discussion(s), the names of all counsel that participated in the
discussion(s), and a brief summary of the results of the
discussion(s).
7. MEMORANDA OF LAW
A. Page Limits and Briefing Requirements. The Court requires concise,
pertinent, and well organized memoranda of law. Without leave of Court,
all memoranda of law are limited to 25 pages, 12-point type font, double-
spaced, with 1" margins. All memoranda of law must contain items 3, 4,
6, and 7 below. Any memorandum that has more than ten (10) pages of
argument must contain the following eight (8) items:
1) a table of contents setting forth the page number of each section,
including all headings designated in the body of the brief or
memorandum;
2) an alphabetically arranged table of all citations to cases, statutes,
rules, textbooks, and other authorities that appear in
memorandum;
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3) a short statement of the nature and stage of the proceeding;
4) a statement of the issues to be ruled on by the Court and, with
respect to each issue, a short statement (supported by authority) of
the standard of review;
5) a short summary of the argument;
6) succinct headings dividing the argument into separate points;
7) a short conclusion stating the precise relief sought; and
8) proposed orders (except on summary judgment motions).
B. Copies of Authorities and Other Materials Cited.
1) Please append copies of cases and the relevant parts of authorities
that are cited in a brief, memorandum, or motion only if the
authorities are not published or reasonably available
through Westlaw or Lexis-Nexis.
2) Copies of supporting affidavits, deposition testimony excerpts, and
other discovery referred to in the briefs should be separately filed in
one or more appendices of no more than 40 pages each.
3) All appendices should contain a table of contents. Conventionally
filed (i.e., not electronically) appendices and all courtesy copies
should be tabbed at the right margin to facilitate location of the
materials cited.
8. USE OF GENERATIVE ARTIFICIAL INTELLIGENCE (AI)
Attorneys and self-represented litigants must ensure that any filing prepared
with the assistance of generative artificial intelligence (e.g., ChatGPT,
Harvey.AI, or similar tools) is thoroughly reviewed for factual and legal accuracy
prior to submission. These tools are capable of producing content that may be
factually incorrect or legally unsound.
All counsel and pro se parties are reminded that, consistent with Federal Rule of
Civil Procedure 11, the person signing any pleading, motion, or other paper
remains fully responsible for its content, regardless of whether it was drafted in
whole or in part by generative AI. The Court will not accept the excuse that such
content was prepared by AI, staff, or others when assessing potential violations
of Rule 11 or applicable ethical obligations.
Attorneys are further reminded of their professional obligations under the Texas
Disciplinary Rules of Professional Conduct, including the duty of candor to the
tribunal and the prohibition against knowingly offering false statements of law.
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See Tex. Disciplinary Rules Prof’l Conduct r. 3.03(a) (Tex. Bar Ass’n 2024).
Attorneys must also remain proficient and competent in the practice of law,
including recognizing the benefits and risks associated with relevant technology.
See id. at 1.01, cmt. 8.
The Court adopts and incorporates by reference Chief Judge Randy Crane’s
General Order 2025-04 on the Use of Generative Artificial Intelligence in Court
Filings.
9. INITIAL PRETRIAL CONFERENCES AND SCHEDULING ORDERS
Please refer to LR 16.1 and Section 5 above (“Appearances”) for general
procedures for conferences. In addition:
A. Shortly after a party files a complaint or removes a case, the Court will
issue an Order containing, among other things, a deadline for the parties
to file a Joint Case Management Plan and a setting for the Initial Pretrial
and Scheduling Conference.
B. After the Initial Pretrial and Scheduling Conference, the Court will enter
a Scheduling Order that will control various pretrial deadlines.
1) In the Joint Case Management Plan, the parties must propose
deadlines for the completion of various pretrial matters and the
Court will consider those proposed dates at the Initial Pretrial and
Scheduling Conference.
2) The Scheduling Order will govern throughout the case. The
Scheduling Order deadlines shall not be modified except by leave
of this Court upon a showing of good cause.
3) If a change to an existing Scheduling Order is requested, the parties
shall submit recommendations for adjusting all dates in the
Scheduling Order that follow the date the parties seek to modify.
4) Counsel shall include in their filings their email addresses.
C. Added Parties. If new parties are joined after entry of the Scheduling
Order, the party causing such joinder shall provide to the new parties
copies of: (i) all orders and pleadings previously filed in the case, (ii) the
operative Scheduling Order, and (iii) these Court Procedures.
10. REQUIRED TRIAL MATERIALS
A. Joint Pretrial Order. Joint Pretrial Orders must be signed by all
counsel. All parties are responsible for complying with all requirements
to prepare the Joint Pretrial Order.
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1) Plaintiff is primarily responsible for ensuring that a complete Joint
Pretrial Order is timely filed. A form Joint Pretrial Order is
attached to these Procedures and is also available on the Court’s
website. The Joint Pretrial Order form should be followed, but may
be adapted, within reason, to accommodate for the size and nature
of the case. If Plaintiff fails to file the Joint Pretrial Order, then
Defendant is responsible for filing Defendant’s portions of a
Proposed Pretrial Order in the Joint Pretrial Order format.
2) Plaintiff must deliver to Court’s Chambers a courtesy copy of the
Joint Pretrial Order with all attachments.
3) Failure to timely file the Joint Pretrial Order will subject counsel
and the client to sanctions, including dismissal for want of
prosecution and/or other appropriate relief. This applies also to
parties appearing pro se.
B. Other Required Documents. With the filing of the Joint Pretrial Order,
each party also must file:
1) For All Trials and Evidentiary Hearings:
a. Exhibit List (see attached form, also available at the Court’s
website).
b. Witness List for live witnesses (see attached form, also
available at the Court’s website).
c. Designation of deposition excerpts for witnesses being
called by deposition. A copy of each deposition excerpt must
be provided to the Court.
d. Objections, if any, to an opponent’s exhibits, witnesses, or
deposition excerpts must be filed within fourteen (14)
calendar days prior to the scheduled trial date. This
time limit supersedes LR 46.
2) For Jury Trials:
a. Voir Dire: Counsel will be generally allowed 15-35 minutes
(depending on the complexity of the case) to conduct an
examination of the venire, provided that the proposed voir
dire questions are submitted as part of the Joint Pretrial
Order.
b. Jury Instructions: The parties must file a single, joint
proposed jury charge, including all necessary instructions,
definitions, and questions. The proposed charges must also
Updated: April 2026 9
be submitted electronically on a CD in Corel WordPerfect, X3
or higher, or Microsoft Word.
i) Each requested instruction must be numbered and
presented with authority.
ii) 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 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.
iii) Even if the parties cannot, after a good faith attempt,
agree on all proposed instructions, definitions, and
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 in italics and identified as disputed.
Each disputed item should be labeled to show which
party is requesting the disputed language.
Accompanying each instruction shall be all authority
or related materials upon which each party relies.
c. The parties shall submit 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 (electronically in Corel
WordPerfect X3 or higher, or Microsoft Word). Counsel are
strongly encouraged to include references to testimony and
exhibits that support each proposed finding;
b. Proposed Conclusions of Law (electronically in Corel
WordPerfect, X3 or higher, or Microsoft Word). Each
proposed conclusion of law shall contain citation to legal
authority supporting the conclusions; and
c. Memorandum of Law. The memorandum of law, proposed
findings, and proposed conclusions should, at a minimum,
address the following: (1) the prima facie elements of each
cause of action and defense asserted, (2) legal definitions, (3)
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components of damages, and (4) methods of calculation of
damages.
11. TRIAL SETTINGS
A. The Court sets trial dates at Docket Call in civil cases. Docket Call is a
final pretrial conference. Parties should be prepared to answer questions
on all pending motions. Pending motions may be ruled on at the Docket
Call. Trial may be set for any day after the Docket Call.
B. Unless an attorney has actually commenced trial in court, another trial
setting will not cause the Court to pass a trial setting in a case.
C. Information on Trial Settings. The Judicial Assistant cannot
definitively ascertain when a case will be reached or where a case is on the
trial docket. Any predictions given by the Judicial Assistant are only
“educated guesses” and are NOT binding on the Court.
12. EXHIBITS
A. All exhibits must be pre-marked and exchanged among counsel at the
time the Pretrial Order is filed, unless a later date is agreed to by counsel.
Generally, in civil cases, exhibits that have not been disclosed to 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. Any exhibits containing personal data identifiers
must comply with S.D. Texas General Order #2004-11 (available at the
District website).
B. Authentication Objections. Counsel requiring authentication of an
opponent’s exhibit must notify offering counsel in writing within seven (7)
days after the exhibit is identified and made available for examination.
Failure to do so is an admission of authenticity. See LR 44.1.
C. Other Objections to Exhibits. Unless otherwise directed by the Court,
a party in a civil case may offer in evidence any exhibits listed in the final
Joint Pretrial Order unless opposing counsel files specific written
objections within fourteen (14) calendar days prior to the
scheduled trial date. This time limit supersedes LR 46. 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.
D. Copies of Exhibits. The parties must provide the Court with two (2)
complete sets of exhibits for use at trial in a properly tabbed and indexed
notebook.
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E. Trial Procedure as to Exhibits.
1) Counsel may not pass exhibits to the jury during trial without
obtaining permission in advance from the Court.
2) Exhibits must be identified in front of the jury before they will be
received in evidence. Only exhibits admitted during trial will go to
the jury during its deliberations.
F. Disposition of Exhibits. Counsel should become familiar with LR 79.2
regarding disposition of exhibits following trial.
13. 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 seeking to test the equipment
prior to trial shall contact the Judicial Assistant by e-mail, letter, or phone
to make arrangements. Parties also may provide their own equipment,
but special arrangements must be made with the Judicial Assistant prior
to the day of trial.
B. Other. Easels with writing pads are available for use in the courtroom,
upon request to the Judicial Assistant prior to trial.
14. COURTROOM PROCEDURES
A. Hours. The Court’s hours during trial will vary depending on 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 5:30 p.m., with a 12:00
to 1:30 p.m. lunch recess.
B. Access at Other Times.
1) Should counsel require access to the courtroom to set up equipment
or exhibits before or after normal hours of Court, counsel must
contact the Judicial Assistant in advance to make the appropriate
arrangements.
2) Enter and leave the courtroom only by the front doors; do not use
the Court’s entrance or the side entrances without permission.
C. Telephones. Telephone messages for counsel generally will not be taken
by the Judge’s staff, and counsel shall refrain from requesting use of
telephones in Chambers.
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D. Filing of Documents. Handing documents to the Court or Judicial
Assistant 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) Copies of documents filed within seven (7) days prior to and during
trial should be submitted to the Judicial Assistant in duplicate.
E. Decorum.
1) Counsel and parties will comply with LR 83.9 regarding courtroom
Behavior. These procedures are strictly enforced.
2) Counsel shall stand when addressing the Court. Counsel may use
a lectern positioned appropriately to make oral argument. Counsel
may question witnesses standing at the lectern or seated at counsel
table.
3) Counsel will ensure that they, all parties, and all witnesses refrain
from drinking (other than water), eating, smoking, or reading
newspapers, books, etc. in the courtroom. No cellular telephones,
pagers, or iPads are allowed in the courtroom. Attorneys
needing to use computers or iPads during trial must seek prior
approval from the Court. Recording equipment and photographic
mechanisms are strictly prohibited.
F. Witnesses.
1) Counsel are responsible for summoning witnesses into the
courtroom and instructing them on courtroom decorum and attire.
Counsel may question witnesses while standing at the podium or
while seated at Counsel table.
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.
G. Seating Assignments. The party with the burden of proof may be seated
near the jury box.
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H. Jury Matters.
1) While the jury is deliberating, counsel are to remain near the
courtroom 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 LR 47.
15. DEPOSITIONS
A. The Court will accept the parties’ agreement to use a deposition at trial
even when the witness is available. Otherwise, parties must follow FED.
R. CIV. P. 32.
B. Counsel will designate the portion of any deposition to be read by citing
page and line numbers in the Joint Pretrial Order. Objections to those
portions (citing page and line numbers) with supporting authority must be
filed at least three (3) business days before trial.
C. Use of videotape depositions is permitted if counsel voluntarily edit them
to resolve objections and incorporate rulings by the Court.
D. In a non-jury trial, counsel shall provide a list of the portions of the
depositions offered as an exhibit, citing page and line numbers.
16. SETTLEMENTS AND ORDERS OF DISMISSAL
A. Motions resolved by the parties. If the parties are able to resolve a
pending motion without Court intervention, they should advise the
Judicial Assistant immediately. The Court will then deny the motion as
moot.
B. Settlements. Counsel and pro se litigants shall notify the Court
immediately in writing of the parties’ settlement of any matter by filing
a document in the case, such as an advisory letter, a joint stipulation or
dismissal motion, as appropriate.
1) Upon receipt of parties’ announcement of settlement, the Court will
enter a 45-day order on closing documents, ordering the parties to
file closing documents that are in compliance with Federal Rule of
Civil Procedure 41 (e.g., a stipulated dismissal signed by counsel for
all parties or an agreed Rule 41(a)(2) motion to dismiss).
2) Upon settlement of a suit involving a minor plaintiff, counsel must
jointly move for appointment of a guardian ad litem if there is
potential conflict of interest between the parent(s) and the minor.
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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 Judicial Assistant by letter
requesting a settlement conference.
C. Orders of Dismissal For Want of Prosecution. Any defendant upon
whom service has not been perfected within 120 days after the complaint
is filed will be dismissed for want of prosecution in accordance with FED.
R. CIV. P. 4(m).
17. ATTACHMENTS
A. Template Joint Discovery/Case Management Plan
B. Template Joint Pretrial Order
C. Template Exhibit List
D. Template Witness List
E. Notice of the Right to Try a Civil Case before a Magistrate Judge
F. Consent to Proceed before a Magistrate Judge/Order to Transfer
G. Motion and Order for Admission Pro Hac Vice
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION
[PARTY NAME] §
§
VS. § CIVIL ACTION NO. 5:__-CV-____
§
[PARTY NAME] §
JOINT REPORT REQUIRED BY FED. R. CIV. P. 26(f)
AND JOINT DISCOVERY/CASE MANAGEMENT PLAN
Please restate each instruction in bold before furnishing the requested
information.
Any differences between parties as to the response(s) to any matter must be set
forth in this report.
Preliminary Matters
1. State when and in what manner the parties conferred as required by Rule 26(f), and
identify the counsel and / or parties who participated in the conference.
2. List cases pending in this or any other district, along with the cause number and
judicial district, that are related to this case.
3. If another case is pending in this or any other district, can and should this case be
consolidated with that case?
4. Briefly describe what this case is about.
5. What is Plaintiff’s allegation of federal jurisdiction, or, if this case was removed,
what is Defendant’s allegation of federal jurisdiction?
6. Does Defendant (or Plaintiff if this case was removed) agree or disagree with this
allegation?
7. Does either party anticipate the need to add additional parties?
8. If so, list any additional parties and when they can be added.
9. List any anticipated interventions.
10. Are there any issues in this case that may raise class allegations or class action
issues?
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Discovery
11. The conference required by Rule 26(f) was held on _____________________________,
at . Counsel / Parties who participated in the conference:
for Plaintiff(s) ,
for Defendant(s) .
12. Describe the proposed discovery plan agreed upon at the Conference. Include the
following:
A. What changes should be made in the timing, form, or requirement for
disclosures under Rule 26(a);
B. When and to whom Plaintiff anticipates it may send interrogatories;
C. When and to whom Defendant anticipates it may send interrogatories;
D. Of whom and by what date Plaintiff anticipates taking oral depositions;
E. Of whom and by what date Defendant anticipates taking oral depositions;
F. When Plaintiff (or the party with the burden of proof on an issue) will be able
to designate experts and provide the reports required by Rule 26(a)(2)(B), and
when the opposing party will be able to designate responsive experts and
provide their reports;
G. List expert depositions Plaintiff (or the party with the burden of proof on an
issue) anticipates taking and their anticipated completion date. See Fed. R.
Civ. P. 26(a)(2)(B).
H. List expert depositions the opposing party anticipates taking and their
anticipated completion date. See Rule 26(a)(2)(B).
I. Discuss the timing and method for claiming privilege or protection as trial-
preparation materials under Rule 26(b)(5)(A), and if the parties agree on a
procedure to assert these claims after production.
13. If the parties do not agree on any portion of the discovery plan, describe the separate
views and proposals of each party.
14. Specify the discovery beyond initial disclosures that has been undertaken to date.
15. State the date the planned discovery can reasonably be completed.
Settlement and Trial Alternatives
16. Describe the possibilities of settlement or alternative dispute resolution that were
discussed at the Rule 26(f) meeting.
17. Describe what each party has done or agreed to do to bring about a prompt
resolution.
18. From the attorneys’ discussions with their respective clients, state the alternative
dispute resolution techniques that are reasonably suitable and state when such a
technique may be effectively used in this case.
Updated: April 2026 17
19. The parties may jointly consent to a Magistrate Judge conducting any and all
proceedings in any jury or nonjury civil matter, including hearing a jury or nonjury
trial, and ordering the entry of judgment in the case. Will the parties consent to a
Magistrate Judge conducting all proceedings in this case, including trial and
disposition of the case?
20. State whether a jury demand has been made and if it was made on time.
21. In the event of a trial, how many hours will it take to try this case?
Additional Conference Items
22. Counsel are charged with knowledge of the Local Rules of the United States District
Court for the Southern District of Texas, which are available at:
https://www.txs.uscourts.gov/sites/txs/files/LR_March_2026.pdf
Have all counsel reviewed those local rules prior to completion of this Report?
Counsel are also charged with knowledge of the Honorable Marina Garcia
Marmolejo’s Court Procedures in Civil Cases, which are available at:
https://www.txs.uscourts.gov/content/united-states-district-judge-marina-garcia-
marmolejo
Have all counsel reviewed those rules prior to completion of this Report?
23. If there are any motions pending before the Court at this time, list them.
24. Can any of these motions be ruled upon at the Initial Pretrial and Scheduling
Conference?
25. Are there any other matters peculiar to this case, including discovery, that deserve
special attention from the Court at the Initial Pretrial and Scheduling Conference?
26. List the names, Southern District of Texas bar numbers, addresses, and telephone
numbers of all counsel. All counsel appearing for any hearing or identified as counsel
of record on a pleading must either be licensed to practice in the Southern District
of Texas or must file a motion to appear pro hac vice.
27. Proposed Dates for Scheduling Order. Please review the pretrial schedule listed
below for this case. The schedule is intended to give the parties guidance in: (1)
formulating answers to the other parts of this Questionnaire and (2) scheduling the
events preceding the trial. The Scheduling Order that will be issued following the
Scheduling Conference will necessarily be more specific and detailed and will contain
additional matters and discovery limitations. The parties must confer with each
other and attempt to reach an agreement on proposed dates for the events
listed below. The parties shall enter their proposed dates in the template
below and include it in their joint report. As indicated below by asterisks, some
Updated: April 2026 18
dates and events are “inflexible” because of limited judicial resources in the Court’s
calendar.
PRETRIAL EVENTS PARTIES’ PROPOSED DATES
Deadline for Joinder of All
Parties
Deadline to Serve Initial
Written Discovery1
Plaintiff(s):
Deadlines to Designate
Expert Witnesses2
Defendant(s):
Plaintiff(s):
Deadline to Amend the
Pleadings (with consent of all
parties or leave of Court)
Defendant(s):
Deadline for Parties to
Conduct Mediation3
Deadline to Complete All
Discovery, including
depositions of expert
witnesses4 This deadline
shall be no more than
seven (7) months after the
Initial Pretrial and
Scheduling Conference.
1 This deadline applies to serving a first set of interrogatories, requests for production, and other
written discovery, but does not limit the parties from serving further requests prior to the discovery deadline.
2 The parties shall disclose the name, address, and vita of any expert witness, and shall serve the
report required by Fed. R. Civ. P. 26(a)(2) by these deadlines. The parties must file their lists of proposed
expert witnesses with the Court by the designation deadline, but should NOT file reports or other discovery
materials.
3 The parties are ordered to participate in mediation by the specified deadline. If the parties wish to
engage in some other form of alternative dispute resolution, they may file a motion with the Court seeking
leave to do so.
4 A party must serve its written discovery requests in sufficient time for the responding party to serve
its responses before this deadline. See Paragraph 7 of the Court’s Order for Conference and Disclosure of
Interested Parties.
Updated: April 2026 19
Deadline to File Motions to
Exclude or Limit Expert
Testimony5
Deadline to File Dispositive
Motions. This Deadline
shall be no less than 30
days after the Deadline to
File Motions to Exclude or
Limit Expert Testimony
TRACK A — If No Dispositive Motions are Filed:
Deadline to File Joint Pretrial
Order, Motions in Limine, and
Proposed Jury Instructions
(or proposed findings of fact
and conclusions of law). To be
set 30 days after the
Deadline to File
Dispositive Motions.
TRACK B — If Dispositive Motions are Filed:
Deadline to File Joint Pretrial
Order, Motions in Limine, and
Proposed Jury Instructions
(or proposed findings of fact
and conclusions of law). To be
set 120 days after the
Deadline to File
Dispositive Motions.
5 Motions must be filed by the later of (1) 30 days from receipt of the written report of the expert’s
opinions or (2) 30 days from the expert’s deposition. Notwithstanding the foregoing, such motions must be filed
no later than the dispositive motions deadline, below. The failure to strictly comply with this deadline will
constitute a waiver of any objection that could have been made pursuant to Federal Rule of Evidence 702.
Updated: April 2026 20
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION
[PARTY NAME] §
§
VS. § CIVIL ACTION NO. 5:__-CV-____
§
[PARTY NAME] §
JOINT PRETRIAL ORDER
1. Appearance of Counsel. List each party, its counsel, and counsel’s address and telephone
number in separate paragraphs.
2. Statement of the Case. Give a brief statement of the case, one that the Judge could read to
the jury panel for an introduction of the facts and parties; include names, dates, and places.
3. Jurisdiction. Briefly specify the jurisdiction of the subject matter and the parties. If there is
an unresolved jurisdictional question, state it.
4. Motions. List pending motions.
5. Contention of the Parties. State concisely in separate paragraphs each party’s claims.
6. Admission of Fact. List all facts that require no proof.
7. Contested Issues of Fact. List all material facts in bona fide controversy.
8. Agreed Propositions of Law. List the legal propositions that are not in dispute.
9. Contested Propositions of Law. State briefly the unresolved questions of law, with
authorities to support each.
10. Exhibits.
A. Each party will attach two lists of all exhibits expected to be offered and will make
the exhibits available for examination by opposing counsel. All documentary exhibits
must be exchanged before trial, except for rebuttal exhibits or those whose use cannot
be anticipated.
B. A party requiring authentication of an exhibit must notify the offering counsel in
writing within five days after the exhibit is listed and made available; failure to object
in writing in advance of the trial concedes authenticity.
1) Within reason, other objections to admissibility of exhibits must be made at
least three business days before trial with copies of the disputed exhibit and
authority.
2) Parties must mark their exhibits to include the date and case number on each.
3) At the trial, the first step will be the offer and receipt in evidence of exhibits.
Updated: April 2026 21
11. Witnesses.
A. On a separate form, each party will attach four lists with the names and addresses of
witnesses who may be called with a brief statement of the nature of their testimony.
B. Include: If other witnesses to be called at the trial become known, their names,
addresses, and subject of their testimony will be reported to opposing counsel in
writing as soon as they are known; this does not apply to rebuttal or impeachment
witnesses.
12. Settlements. State that all settlement efforts have been exhausted, and the case will have to
be tried.
13. Trial. State estimated length of trial and logistical problems, including availability of
witnesses, out-of-state people, bulky exhibits, and documentation.
14. Attachments. Each party must file as a separate document (captioned, signed by counsel,
and with service certified) these required attachments in duplicate.
A. For a jury trial:
(1) Proposed questions for the voir dire examination.
(2) Proposed charge, including instructions, definitions, and special interrogatories,
with authority.
B. For a non-jury trial:
(1) Proposed findings of fact with agreed and contested ones separated.
(2) Conclusions of law with authority.
____________________________________ Date: ________________________
United States District Judge
Approved by:
____________________________________ Date:________________________
Attorney-in-Charge, Plaintiff
____________________________________ Date:___________________________
Attorney-in-Charge, Defendant
Updated: April 2026 22
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS
CIVIL ACTION NO.
VERSUS - - - - - - - - - - - - - - -
EXHIBIT LIST
JUDGE MARINA GARCIA MARMOLEJO JUDICIAL ASSISTANT: HEYDA RIOS
PROCEEDING: DATE (S):
LIST OF
Q PLAINTIFF Q DEFENDANT
OBJ ADM NOT DATE
NO. DESCRIPTION
ADM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Updated: April 2026 23
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS
CIVIL ACTION NO.
VERSUS - - - - - - - - - - - - - - -
WITNESS LIST
JUDGE MARINA GARCIA MARMOLEJO JUDICIAL ASSISTANT: HEYDA RIOS
PROCEEDING: DATE (S):
LIST OF
Q PLAINTIFF Q DEFENDANT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Updated: April 2026 24
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS
Motion and Order for Admission Pro Hac Vice
Division Case Number
vs.
Lawyer’s Name
Firm Street
City & Zip Code
Telephone & Email
Licensed: State & Number
Federal Bar & Number
Name of party applicant seeks to
appear for:
Has applicant been sanctioned by any bar association or court? Yes No
On a separate sheet for each sanction, please supply the full particulars.
Dated: Signed*:
*I understand that the Court requires strict compliance with the Local Rules for the Southern District of Texas and the
Court Procedures for District Judge Garcia Marmolejo, which are applicable to cases assigned to Judge Garcia
Marmolejo. The rules are available by visiting the Court’s website.
The state bar reports that the applicant’s status is:
Dated: Clerk’s signature:
Order Granting Motion for Admission Pro Hac Vice
This lawyer is admitted pro hac vice.
Dated:
__________________________
Marina Garcia Marmolejo
United States District Judge
Updated: April 2026 25
