LOCAL RULES OF THE
`
`United States District Court
`
`FOR THE
`
`SOUTHERN DISTRICT
`
`OF TEXAS
`
`_______
`
`EFFECTIVE MAY 1, 2000
`_______
`
`With CrLR 58, effective May 3, 2001;
`amended LR 72 and CrLR 57.1, effective June 25, 2001;
`amended LR 5, effective September 7, 2004;
`amended CrLR 49, effective April 6, 2005;
`amended LR 5.1, effective March 12, 2007.
`
`New Appendix D, May 8, 2001
`Amended Appendix A, June 19, 2007
`
`Reprinted June, 2007
`
`WESTERNGECO Exhibit 2033, pg. 1
`PGS v WESTERNGECO
`IPR2014-01478
`
`

`
`2000
`
`AR E.
`AR E.1
`AR E.2
`AR E.3
`AR E.4
`
`Habeas
`Corpus Rules
`
`83.8
`CrLR57.2
`
`16.4
`16.4.B
`16.4.C
`16.4.D
`16.4.A
`16.4.E
`16.4.F
`16.4.G
`16.4.H
`16.4.I
`16.4.J
`16.4.K
`16.4.L
`16.4.M
`
`17
`A.
`B.
`C.
`D.
`
`18
`
`19
`
`20.
`A.
`B.
`C.
`D.
`E.
`F.
`G.
`H.
`I.
`J.
`K.
`K.3
`L.
`
`* Reference to the
` 2000 Rules means the
` Local Civil Rules unless
` otherwise designated
`
`Disposition Table - 1994 Rules to 2000 Rules*
`I.
`7.8
`1994
`
`1994
`
`2000
`
`1 83.1
`
`2
`A.
`B.
`C.
`1.
`2.
`D.
`E.
`F.
`G.
`
`11
`11.1
`11.2
`11.3
`11.3.A
`11.3.B
`83.2
`83.3
`83.4
`83.5
`
`3.
`A.
`B.
`C.
`
`D.
`
`5
`3
`4
`5.1
`CrLR49.1
`5.2
`CrLR49.2
`10.1
`E.
`5.3
`F.
`5.4
`G.
`10.2
`H.
`38.1
`I.
`J. Admiralty Rule(AR) A.
`K.
`81
`L.
`79.1
`CrLR55.1
`11.4
`
`M.
`
`4.
`A.
`B.
`
`5.
`A.
`B.
`C.
`D.
`E.
`
`6.
`A.
`B.
`C.
`D.
`E.
`F.
`1.
`2.
`G.
`H.
`
`54
`54.1
`54.2
`
`26
`5.5
`26.1
`26.2
`33.1
`30.1
`
`7
`7.1
`7.2
`5.6
`7.3
`7.4
`7.5
`7.5.A
`7.5.B
`7.6
`7.7
`
`1994
`
`7.
`
`8.
`
`9.
`
`10.
`
`11.
`A.
`
`B.
`C.
`
`12.
`
`13.
`A.
`B.
`1.
`2.
`
`3.
`C.
`
`14
`
`15
`
`A.
`
`B.
`
`C.
`
`16
`A.
`B.
`C.
`D.
`E.
`F.
`G.
`H.
`I.
`J.
`K.
`
`2000
`
`CR 12
`
`16.1
`
`16.2
`
`16.3
`
`44.1
`CrLR55.2
`46
`79.2
`
`47
`CrLR24.1
`
`CrLR23.1
`83.6
`83.6.A
`83.6.B
`CrLR24.2
`CrLR6
`83.7
`CrLR23.2
`
`72.1,2
`CrLR57.1
`
`65
`CrLR46
`65.1
`CrLR46.1
`65.2
`CrLR46.1
`CrLR46.2
`
`CrLR32
`CrR32.1
`CrLR32.2
`CrLR32.3
`CrLR32.4
`CrLR32.5
`CrLR32.6
`CrLR32.7
`CrLR32.8
`CrLR32.9
`CrLR32.10
`CrLR32.11
`
`WESTERNGECO Exhibit 2033, pg. 2
`PGS v WESTERNGECO
`IPR2014-01478
`
`

`
`2000
`
` Civil Rules
`
`Derivation Table - 2000 Local Rules from 1994 Local Rules
`1994
`2000
`1994
`2000
`
`1994
`
` Criminal Rules
`
`6.
`
`12.
`
`23.
`23.1
`23.2
`
`24.
`24.1
`24.2
`
`32.
`32.1
`32.2
`32.3
`32.4
`32.5
`32.6
`32.7
`32.8
`32.9
`32.10
`32.11
`
`46.
`46.1
`46.2
`
`49.
`49.1
`49.2
`
`55.
`55.1
`55.2
`55.2.A
`55.2.B
`55.2.C
`
`57.
`57.1
`57.2
`
`13.B.3
`
`7
`
`13.A
`13.C
`
`12
`13.B.2
`
`16
`16.A
`16.B
`16.C
`16.D
`16.E
`16.F
`16.G
`16.H
`16.I
`16.J
`16.K
`
`15
`15.A,B
`15.C
`
`3
`3.C
`3.D
`
`3.L
`11
`11.A
`11.B
`11.C
`
`14
`19
`
`3.
`
`4.
`
`5.
`5.1
`5.2
`5.3
`5.4
`5.5
`5.6
`
`7.
`7.1
`7.2
`7.3
`7.4
`7.5
`7.5.A
`7.5.B
`7.6
`7.7
`7.8
`
`10.
`10.1
`10.2
`
`11.
`11.1
`11.2
`11.3
`11.3.A
`11.3.B
`11.4
`
`16.
`16.1
`16.2
`16.3
`16.4
`16.4.A
`16.4.B
`16.4.C
`16.4.D
`16.4.E
`16.4.F
`16.4.G
`16.4.H
`16.4.I
`16.4.J
`16.4.K
`16.4.L
`16.4.M
`
`26.
`26.1
`26.2
`
`3.A
`
`3.B
`
`3.C
`3.D
`3.F
`3.G
`5.A
`6.C
`
`6
`6.A
`6.B
`6.D
`6.E
`6.F
`6.F.1
`6.F.2
`6.G
`6.H
`6.I
`
`3.E
`3.H
`
`2
`2.A
`2.B
`2.C
`2.C.1
`2.C.2
`3.M
`
`8
`9
`10
`20
`20.D
`20.A
`20.B
`20.C
`20.E
`20.F
`20.G
`20.H
`20.I
`20.J
`20.K
`20.K.3
`20.L
`
`5
`5.B
`5.C
`
`30.
`30.1
`
`33.
`33.1
`
`38.
`38.1
`
`44.
`44.1
`
`46.
`
`47.
`
`54.
`54.1
`54.2
`
`65.
`65.1
`65.2
`
`72.
`
`79.
`79.1
`79.2
`
`81.
`
`83.
`83.1
`83.2
`83.3
`83.4
`83.5
`83.6
`83.6.A
`83.6.B
`83.7
`83.8
`
`5.E
`
`5.D
`
`3.I
`
`11.A
`
`11.B
`
`12
`
`4
`4.A
`4.B
`
`15
`15.A
`15.B
`
`14
`
`3.L
`11.C
`
`3.K
`
`1
`2.D
`2.E
`2.F
`2.G
`13.B
`13.B.1
`13.B.2
`13.C
`19
`
` Admiralty Rules
`
`A.
`
`E.
`E.1
`E.2
`E.3
`E.4
`
`3.J
`
`17
`17.A
`17.B
`17.C
`17.D
`
`
` Habeas Corpus Rules
`
`1.
`
`18
`
`WESTERNGECO Exhibit 2033, pg. 3
`PGS v WESTERNGECO
`IPR2014-01478
`
`

`
`LOCAL RULES
`TABLE OF CONTENTS
`
`Conversion Tables:
`
`Derivation Table - 2000 Local Rules from 1994 Local Rules
`Disposition Table - 1994 Local Rules to 2000 Local Rules
`
`CIVIL RULES
`
`LR3. COMMENCEMENT OF ACTION
`
`LR4.
`
`SUMMONS
`
`LR5.
`
`FILING REQUIREMENTS
`
`LR5.1
`LR5.2
`LR5.3
`LR5.4
`LR5.5
`
`Electronic Filing
`Related Litigation Policy
`Certificate of Service
`Discovery Not Filed
`Service of Pleadings and Other Papers
`
`LR7. CIVIL PRETRIAL MOTION PRACTICE
`
`LR7.1
`LR7.2
`LR7.3
`LR7.4
`LR7.5
`
`LR7.6
`LR7.7
`LR7.8
`
`
`
`Form
`Unopposed Motions
`Submission
`Responses
`Oral Submission
`A.
`By Request
`B.
`By Order
`Consolidation
`Supporting Material
`Hearing
`
`LR10. FORM OF PLEADINGS
`
`LR10.1
`LR10.2
`
`Caption
`Format
`
`LR11. SIGNING OF PLEADINGS, MOTIONS AND OTHER PAPERS BY
`ATTORNEY IN CHARGE
`
`LR11.1
`LR11.2
`LR11.3
`
`LR11.4
`
`Designation
`Responsibility
`Signing of Pleadings
`A.
`Required Information
`B.
`Allowed Information
`Sanctions
`
`LR16. CIVIL PRETRIAL PROCEEDINGS
`
`LR16.1
`
`Civil Initial Pretrial Conference; Scheduling Order
`
`-i-
`
`WESTERNGECO Exhibit 2033, pg. 4
`PGS v WESTERNGECO
`IPR2014-01478
`
`

`
`LR16.2
`LR16.3
`LR16.4
`
`LOCAL RULES
`TABLE OF CONTENTS
`
`Pretrial Order
`Notice of Settlement
`Alternative Dispute Resolution
`A.
`ADR Methods Available
`B.
`Timing of ADR Decision
`C.
`ADR Referral
`D.
`Opposition to ADR Referral, ADR Method or ADR Provider
`E.
`Standing Panel, ADR Administrator and List of Providers
`F.
`Attendance; Authority to Settle
`G.
`Fees
`H.
`Binding Nature
`I.
`Confidentiality, Privileges and Immunities
`J.
`Standards of Professional Conduct and Disqualificaiton of ADR
`Providers
`Conclusion of ADR Proceedings
`Evaluations
`Sanctions
`
`K.
`L.
`M.
`
`LR26. DISCOVERY
`
`LR26.1
`LR26.2
`
`Use of Discovery
`Placement of Discovery
`
`LR30. DEPOSITIONS
`
`LR30.1
`
`Video-Taped Depositions
`
`LR33.
`
`INTERROGATORIES
`
`LR33.1
`
`Limitation of Interrogatories
`
`LR38. JURY TRIALS
`
`LR38.1
`
`Jury Demand
`
`LR44 PROOF OF OFFICIAL RECORD
`
`LR44.1
`
`Authentication of Exhibits
`
`LR46 OBJECTIONS TO EXHIBITS
`
`LR47 JUROR CONTACT
`
`LR54 COSTS
`
`LR54.1
`LR54.2
`
`Deposit for Costs
`Bill of Costs
`
`LR65 BOND PROCEDURE
`
`LR65.1
`LR65.2
`
`Sureties
`Non-Assignability of Receipts
`
`-ii-
`
`WESTERNGECO Exhibit 2033, pg. 5
`PGS v WESTERNGECO
`IPR2014-01478
`
`

`
`LOCAL RULES
`TABLE OF CONTENTS
`LR72 UNITED STATES MAGISTRATE JUDGES
`
`LR79 BOOKS AND RECORDS KEPT BY THE CLERK
`
`LR79.1
`LR79.2
`
`Withdrawal of Instruments
`Disposition of Exhibits
`
`LR81 REMOVAL
`
`LR83 MISCELLANEOUS LOCAL RULES
`
`LR83.1
`
`Admission to Practice
`A.
`Eligibility
`B.
`Division
`C.
`Application
`D.
`Committee on Admissions
`E.
`Action on the Application
`F.
`Uncompensated Assignments
`G.
`Workshop
`H.
`Expiration
`I.
`Oath
`J.
`Fee
`K.
`Practice Without Admisison
`L.
`Conduct of Attorneys
`
`LR83.2
`LR83.3
`LR83.4
`LR83.5
`LR83.6
`
`LR83.7
`LR83.8
`
`Withdrawal of Counsel
`Notices
`Change of Address
`Parties’ Agreement
`Preserving Confidentiality
`A.
`Civil Actions
`B.
`Jurors’ Names
`Electro-Mechanical Devices
`Courtroom Behavior
`
`SUPPLEMENTAL ADMIRALTY RULES
`
`A.
`
`E.
`
`DESIGNATION AS “ADMIRALTY CASE”
`
`ADMIRALTY SALES
`E.1
`Notice
`E.2
`Payment
`E.3
`Default
`E.4
`Objections
`
`-iii-
`
`WESTERNGECO Exhibit 2033, pg. 6
`PGS v WESTERNGECO
`IPR2014-01478
`
`

`
`LOCAL RULES
`TABLE OF CONTENTS
`
`SUPPLEMENTAL HABEAS CORPUS RULES
`
`1.
`
`STAYS OF EXECUTION
`A.
`Application Requirements
`B.
`Appeal
`C.
`Successive Applications
`
`CRIMINAL RULES
`
`CrLR6.
`
`CrLR12.
`
`CrLR23.
`
`CrLR24.
`
`CrLR32.
`
`GRAND JURY WITNESSES
`
`CRIMINAL PRETRIAL MOTION PRACTICE
`CrLR12.1.
`Implementation
`CrLR12.2.
`Form
`CrLR12.3.
`Responses
`CrLR12.4.
`Service
`CrLR12.5.
`Submission
`
`TRIAL
`CrLR23.1.
`CrLR23.2.
`
`JURIES
`CrLR24.1.
`CrLR24.2.
`
`Free Press-Fair Trial Guidelines
`Electro-Mechanical Devices
`
`Juror Contact
`Jurors’ Names
`
`SENTENCING PROCEDURES
`CrLR32.1.
`Waiver of the Presentence Investigation
`CrLR32.2.
`Order of Presentence Investigation and Initial Disclosure Date
`CrLR32.3.
`Presence of Counsel
`CrLR32.4.
`Delivery
`CrLR32.5.
`Counsel’s Duty
`CrLR32.6.
`Objections
`CrLR32.7.
`Final Report
`CrLR32.8.
`Availability
`CrLR32.9.
`Effect
`CrLR32.10.
`Sentencing Date
`CrLR32.11.
`Limitation
`
`CrLR46.
`
`BOND PROCEDURE
`CrLR46.1.
`Sureties and Non-Assignability of Receipts
`CrLR46.2.
`Return of Criminal Bond Deposits
`
`CrLR49.
`
`FILING REQUIREMENTS
`
`CrLR55.
`
`RECORDS
`CrLR55.1.
`CrLR55.2.
`
`Withdrawal of Instruments
`Exhibits at Criminal Trials
`
`-iv-
`
`WESTERNGECO Exhibit 2033, pg. 7
`PGS v WESTERNGECO
`IPR2014-01478
`
`

`
`LOCAL RULES
`TABLE OF CONTENTS
`Authentication of Exhibits
`Objections to Exhibits
`Disposition of Exhibits
`
`A.
`B.
`C.
`
`CrLR57.
`
`MISCELLANEOUS RULES
`CrLR57.1.
`United States Magistrate Judges
`CrLR57.2
`Courtroom Behavior
`
`CrLR58.
`
`PROCEDURE FOR MISDEMEANORS AND OTHER PETTY OFENSES
`CrLR58.1
`Forfeiture of Collateral in Lieu of Appearance
`
`APPENDIX A: RULES OF DISCIPLINE
`APPENDIX B: JOINT PRETRIAL ORDER
`APPENDIX C: COURTROOM ETIQUETTE
`APPENDIX D: GUIDELINES FOR PROFESSIONAL CONDUCT
`
`-v-
`
`WESTERNGECO Exhibit 2033, pg. 8
`PGS v WESTERNGECO
`IPR2014-01478
`
`

`
`RENUMBERED LOCAL RULES
`
`CIVIL RULES
`
`LR3. COMMENCEMENT OF ACTION
`Parties represented by counsel must file a civil action cover sheet (Form JS44c) with
`all original pleadings.
`
`LR4. SUMMONS
`Parties other than prisoners must provide completed summons forms for issuance by
`the clerk.
`
`LR5. FILING REQUIREMENTS
`LR5.1 Electronic Filing. Except as expressly provided or unless permitted by the
`presiding Judge, the Court requires documents being filed to be submitted, signed or
`verified by electronic means that comply with the procedures established by the Court.
`The notice of electronic filing that is automatically generated by the Court's electronic
`fling system constitutes service of the document on those registered as filing users of
`the system.
`(Amended by General Order 2007-3, effective 03/12/07.)
`
`LR5.2 Related Litigation Policy. The parties must advise the Court of related current
`or recent litigation and of directly affected non-parties.
`
`LR5.3 Certificate of Service. Papers must have at the end a certificate reflecting how
`and when service has been made or why service is not required. Federal Rule of Civil
`Procedure 5(b).
`
`LR5.4 Discovery Not Filed. Depositions, interrogatories, answers to interrogatories,
`requests for admission, production, or inspection, responses to those requests, and
`other discovery material shall not be filed with the clerk.
`
`LR5.5 Service of Pleadings and Other Papers. All motions must be served on all
`parties. Motions for default judgment must be served on the defendant-respondent by
`certified mail (return receipt requested).
`(Amended by General Order 2004-10, effective 09/07/04)
`
`LR7. CIVIL PRETRIAL MOTION PRACTICE
`
`LR7.1 Form. Opposed motions shall
`A.
`Be in writing;
`B.
`Include or be accompanied by authority;
`C.
`Be accompanied by a separate proposed order granting the relief
`requested and setting forth information sufficient to communicate the
`nature of the relief granted;
`
`USDC/SDTX Local Rules (2000)
`Reprinted June, 2007
`
`WESTERNGECO Exhibit 2033, pg. 9
`PGS v WESTERNGECO
`IPR2014-01478
`
`

`
`D.
`
`Except for motions under Federal Rules of Civil Procedure 12(b), (c),
`(e), or (f) and 56, contain an averment that
`
`(1)
`(2)
`
`The movant has conferred with the respondent and
`Counsel cannot agree about the disposition of the motion.
`
`LR7.2 Unopposed Motions. Motions without opposition and their proposed orders
`must bear in their caption “unopposed.” They will be considered as soon as it is
`practicable.
`
`LR7.3 Submission. Opposed motions will be submitted to the judge twenty days
`from filing without notice from the clerk and without appearance by counsel.
`
`LR7.4 Responses. Failure to respond will be taken as a representation of no
`opposition. Responses to motions
`A.
`Must be filed by the submission day;
`B.
`Must be written;
`C.
`Must include or be accompanied by authority; and
`D.
`Must be accompanied by a separate form order denying the relief
`sought.
`
`LR7.5 Oral Submission.
`7.5.A. By Request. If a party views oral argument as helpful to the Court, the
`motion or response may include a request for it. If it is granted, the parties will
`be notified by the clerk.
`
`7.5.B. By Order. When oral presentation is required by the Court, counsel will
`be notified by the clerk of a date for oral presentation irrespective of any
`submission day.
`
`LR7.6 Consolidation. A motion to consolidate cases will
`A.
`Contain in the caption of the motion
`(1)
`The case numbers;
`(2)
`Full styles; and
`(3)
`Judge to whom each of the cases is assigned.
`
`B
`
`C.
`D.
`
`Be filed only in the oldest case with a courtesy copy furnished to the
`other affected courts.
`Be heard by the judge to whom the oldest case is assigned.
`The term “oldest case,” as used in this Rule, means the case filed first in
`any court, state or federal, including cases removed or transferred to this
`Court.
`
`LR7.7 Supporting Material. If a motion or response requires consideration of facts
`not appearing of record, proof by affidavit or other documentary evidence must be
`filed with the motion or response.
`
`USDC/SDTX Local Rules (2000)
`Reprinted June, 2007
`
`2
`
`WESTERNGECO Exhibit 2033, pg. 10
`PGS v WESTERNGECO
`IPR2014-01478
`
`

`
`LR7.8 Hearing. The Court may in its discretion, on its own motion or upon
`application, entertain and decide any motion, shorten or extend time periods, and
`request or permit additional authority or supporting material.
`
`LR10. FORM OF PLEADINGS
`
`LR10.1 Caption. Papers must have a caption, including the name and party
`designation of the party filing it and a statement of its character, like “Defendant John
`Doe’s Motion for Partial Summary Judgment.” Federal Rule of Civil Procedure 10(a).
`
`LR10.2 Format. Papers offered for filing may not be in covers. They must be on
`8½" x 11" paper, stapled at the top only, punched at the top with two holes, double
`spaced, and paginated.
`
`LR11. SIGNING OF PLEADINGS, MOTIONS AND OTHER PAPERS BY
`ATTORNEY IN CHARGE
`
`LR11.1 Designation. On first appearance through counsel, each party shall designate
`an attorney-in charge. Signing the pleading effects designation.
`
`LR11.2 Responsibility. The attorney-in-charge is responsible in that action for the
`party. That individual attorney shall attend all court proceedings or send a fully
`informed attorney with authority to bind the client.
`
`LR11.3 Signing of Pleadings. Every document filed must be signed by, or by
`permission of, the attorney-in-charge.
`
`11.3.A. Required Information. Under the signature shall appear:
`(1)
`attorney’s individual name,
`(2)
`designation “attorney-in-charge,”
`(3)
`State bar number,
`(4)
`Southern District of Texas bar number,
`(5)
`office address including zip code, and
`(6)
`telephone and facsimile numbers with area codes.
`
`11.3.B. Allowed Information. Names of firms and associate counsel may
`appear with the designation “of counsel.”
`
`LR11.4 Sanctions. A paper that does not conform to the local or federal rules or that
`is otherwise objectionable may be struck on the motion of a party or by the Court.
`
`LR16. CIVIL PRETRIAL PROCEEDINGS
`
`LR16.1 Civil Initial Pretrial Conference; Scheduling Order. Within 140 days after
`the filing of a complaint or notice of removal, the judge will conduct an initial pretrial
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`conference under Federal Rule of Civil Procedure 16 and enter a scheduling order,
`except in these types of cases: (a) prisoner civil rights; (b) state and federal habeas
`corpus; (c) student and veteran loan; (d) social security appeals; (e) bankruptcy
`appeals; and (f) forfeiture of seized assets.
`A judge may conduct an initial pretrial conference and enter a scheduling order
`in any of the types of cases excepted.
`A scheduling order setting cut-off dates for new parties, motions, expert
`witnesses and discovery, setting a trial date, and establishing a time framework for
`disposition of motions will be entered at the conference. Should there be an earlier
`Rule 26(f) discovery conference, the scheduling order may be entered at that
`conference.
`Additional pretrial/settlement/discovery conferences may be scheduled by the
`Court as the need is identified.
`By individual notice, the Court will require attendance at conferences “by an
`attorney who has the authority to bind that party regarding all matters . . .”, 28 U.S.C.
`§ 473(b)(2).
`
`LR16.2. Pretrial Order. The form of the pretrial order in Appendix B is acceptable
`to the judges who require one.
`
`LR16.3. Notice of Settlement. Counsel shall notify the Court immediately of
`settlements that obviate court settings. Unnecessarily summoned veniremen or
`disrupted court schedules resulting from an unexcusable failure to notify may be the
`predicate for sanctions.
`
`LR16.4. Alternative Dispute Resolution. Pursuant to 28 U.S.C.§ 652 (1998) and to
`facilitate the settlement or narrowing of issues in civil actions, the Court adopts the
`following Alternative Dispute Resolution Program:
`
`16.4.A. ADR Methods Available. The Court approves the use of the following
`ADR methods in civil cases pending before district, magistrate, and bankruptcy
`judges: mediation, early neutral evaluation, mini-trial, summary jury trial, and,
`if the parties consent, non-binding arbitration pursuant to 28 U.S.C. § 654
`(1998) (collectively, “ADR”). A judge may approve any other ADR method
`the parties suggest and the judge finds appropriate for a case.
`
`16.4.B. Timing of ADR Decision.
`
`(1)
`
`(2)
`
`Before the initial conference in a case, counsel are required to
`discuss with their clients and with opposing counsel the
`appropriateness of ADR in the case.
`
`At the initial pretrial conference the parties shall advise the judge
`of the results of their discussions concerning ADR. At that time
`and at subsequent conferences, if necessary, the judge shall
`explore with the parties the possibility of using ADR. The judge
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`may require the use of mediation, early neutral evaluation, and,
`if the parties consent, non-binding arbitration pursuant to 28
`U.S.C. § 654 (1998).
`
`16.4.C. ADR Referral. A judge may refer any civil case to ADR on motion of
`any party, on the agreement of the parties, or on its own motion. If the parties
`agree upon an ADR method or provider, the judge will respect the parties’
`agreement unless the judge believes another ADR method or provider is better
`suited to the case and parties. The authority to refer a case to ADR does not
`preclude the judge from suggesting or requiring other settlement initiatives.
`
`16.4.D. Opposition to ADR Referral, ADR Method or ADR Provider. A party
`opposing in a particular case either the ADR referral, ADR method, or the
`appointed ADR provider must file written objections within ten days of entry
`of the order for ADR, and must explain the reasons for any opposition. The
`objections and related submissions shall be filed with the judge presiding over
`the case.
`
`16.4.E. Standing Panel, ADR Administrator and List of Providers.
`
`(1)
`
`Standing Panel. The Court shall maintain a Standing Panel on
`ADR Providers
`(“Panel”)
`to oversee
`implementation,
`administration, and evaluation of the Court’s ADR program. The
`Chief Judge of the District will appoint three members, one of
`whom shall be a district judge who shall serve as chairperson.
`Each Panel member shall be appointed for a three year term. The
`Panel shall review applications from prospective ADR providers
`and annually shall prepare an ADR List of those qualified under
`the criteria contained in this rule.
`
`(2)
`
`ADR Administrator. The Court shall designate a person in the
`Court clerk’s office as ADR Administrator to assist the Panel
`with its responsibilities and to serve as the primary contact for
`public inquiries regarding the Court’s ADR Program.
`
`(3)
`
`ADR Provider List.
`
`a.
`
`b.
`
`Copies of the ADR Provider List shall be available to the
`public in the clerk’s office.
`
`To be eligible for initial listing as an ADR provider, the
`applicant must meet
`the
`following minimum
`qualifications: (i) membership in the bar of the United
`States District Court for the Southern District of Texas;
`(ii) licensed to practice law for at least ten years; and
`(iii) completion of at least forty hours training in dispute
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`resolution techniques in an alternative dispute resolution
`course approved by the State Bar of Texas Minimum
`Continuing Legal Education department.
`
`Each applicant for the ADR Provider List shall submit a
`completed application in December or January for
`consideration for the next ADR Provider List. The
`applicant must use the form available in the clerk’s office.
`The application shall contain: (i) the ADR method(s) for
`which the applicant seeks to be listed; (ii) a concise
`summary of the applicant’s training, experience, and
`qualifications for the ADR method(s) for which the
`applicant seeks to be listed; (iii) the subject matter area(s)
`in which the applicant has particular expertise (e.g., the
`concentration of non-ADR practice, board certification);
`(iv) the applicant’s fee schedule; and (v) a commitment to
`accept some cases for no fee or a reduced fee.
`
`To maintain the listing, an ADR Provider annually,
`between January 1 and January 31, must certify in writing
`to the Panel that the provider has completed five hours of
`ADR training during the previous calendar year. Self-
`study of court decisions on ADR and authoritative
`writings on ADR techniques and/or ADR ethics may be
`used to satisfy this requirement, if the provider identifies
`the materials studied and the dates of study in the annual
`certificate.
`
`Each ADR provider shall remain on the ADR Provider
`List for five years, provided the requirements of
`subparagraph E(3)(d) are met. After a five-year term, the
`ADR provider may apply for re-listing.
`
`An applicant denied listing may request a review of that
`decision by sending a letter to the Chief Judge of the
`District. The Chief Judge shall have final decision-
`making authority on the matter.
`
`In any particular case, a judge may approve any ADR
`provider on which the parties agree, even if the provider
`is not listed on the ADR Provider List or does not satisfy
`the criteria for eligibility for the list.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`16.4.F. Attendance; Authority to Settle. Party representatives (in addition to
`litigation counsel) with authority to settle and all other persons necessary to
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`negotiate a settlement, such as insurance carriers, must attend the ADR
`proceeding.
`
`16.4.G. Fees. The provider and the parties generally will determine the fees
`for each ADR proceeding. However, the judge presiding over a case has the
`right to review the reasonableness of fees and to adjust them as appropriate. A
`judge also may at any time request a provider on the ADR Provider List or any
`other person to conduct an ADR proceeding pro bono or for a reduced fee.
`
`16.4.H. Binding Nature. The results of all ADR proceedings approved by this
`rule are non-binding unless the parties agree otherwise in a written agreement
`or by announcement in open court.
`
`16.4.I. Confidentiality, Privileges and Immunities. All communications made
`during ADR proceedings (other than communications concerning scheduling,
`a final agreement, or ADR provider fees) are confidential, are protected from
`disclosure, and may not be disclosed to anyone, including the Court, by the
`provider or the parties. Communications made during ADR proceedings do not
`constitute a waiver of any existing privileges and immunities. The ADR
`provider may not testify about statements made by participants or negotiations
`that occurred during the ADR proceedings. This provision does not modify the
`requirements of 28 U.S.C. § 657 (1998) applicable to non-binding arbitrations.
`
`16.4.J. Standards of Professional Conduct and Disqualification of ADR
`Providers.
`
`(1)
`
`All providers are subject to disqualification pursuant to standards
`consistent with those set forth in 28 U.S.C. § 455 (1988). In
`addition, all ADR providers are required to comply with the State
`Bar of Texas Alternative Dispute Resolution Section’s Ethical
`Guidelines for Mediators, the Code of Ethics for Arbitrators in
`Commercial Disputes promulgated by the American Arbitration
`Association, and the American Bar Association and such other
`rules and guidelines as the Panel specifies. Copies of these
`standards are available from the clerk’s office.
`
`(2)
`
`Issues concerning potential ADR provider conflicts shall be
`raised with the judge presiding in the case relating to the ADR
`proceeding.
`
`16.4.K. Conclusion of ADR Proceedings. After each ADR proceeding the
`provider, the parties, and the Court will take the following actions:
`
`(1) Within 10 days of completion of the proceeding, the parties
`jointly shall send to the ADR Administrator a memorandum
`stating the style and civil action number of the case; the names,
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`addresses, and telephone numbers of counsel and party
`representatives in attendance; the type of case; the ADR method
`used; whether the case settled; and the fees paid to the ADR
`provider. A copy of this memorandum shall also be sent to the
`judge presiding over the case. This reporting provision does not
`apply to non-binding arbitrations conducted pursuant to 28
`U.S.C. § 654.
`
`(2) Within 10 days of completion of the proceeding, the ADR
`provider shall send a report to the ADR Administrator and the
`judge presiding over the case disclosing only the information
`listed in subparagraph K.(1).
`
`(3)
`
`Thereafter, the ADR Administrator shall submit a questionnaire
`evaluating the ADR provider and proceeding to the parties and
`counsel; counsel and the parties must complete and return the
`questionnaires. The Court, attorneys, and the public may review
`the questionnaires in the clerk’s office.
` Data in the
`questionnaires shall be compiled by the ADR Administrator each
`calendar year. The questionnaires shall be retained by the clerk’s
`office for at least three years.
`
`16.4.L. Evaluations. The Court annually shall evaluate and issue a public
`report on the use of ADR in the district, dispositions of ADR proceedings, and
`other matters the Panel requires.
`
`16.4.M. Sanctions. Fed. R. Civ. P. 16(f) sanctions apply to violations of this
`rule.
`
`LR26. DISCOVERY
`LR26.1. Use of Discovery. When a discovery document is needed in a pretrial
`procedure, the required portions may be filed as an exhibit to a motion or response.
`Discovery material needed at trial or hearing may be introduced in open court under
`the Federal Rules of Evidence.
`
`LR26.2. Placement of Discovery. Every answer, objection, or other response to any
`interrogatory, request for admission, or to produce shall be preceded by the question
`or request to which the response pertains.
`
`LR30. DEPOSITIONS
`LR30.1. Video-Taped Depositions. By this rule, leave of Court is granted, in civil
`cases, for video-taped depositions without contemporaneous stenographic recordation.
`The notice or subpoena must indicate that the deposition is to be by video-tape to allow
`anyone desiring stenographic recordation to arrange for it.
`
`LR33. INTERROGATORIES
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`USDC/SDTX Local Rules (2000)
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`LR33.1. Limitation of Interrogatories. No more than twenty-five interrogatories
`(counting sub-parts) may be served without leave of Court.
`
`LR38. JURY TRIALS
`LR38.1. Jury Demand. Pleadings in which a jury is demanded shall bear the word
`“jury” at the top, immediately below the case number.
`
`LR44. PROOF OF OFFICIAL RECORD
`LR44.1. Authentication of Exhibits. A party requiring authentication of an exhibit
`must notify the offering party in writing within five days after the exhibit is listed and
`made available. Failure to object in advance of the trial in writing concedes
`authenticity.
`
`LR46. OBJECTIONS TO EXHIBITS
`Objections to admissibility of exhibits must be made at least three business days before
`trial by notifying the Court in writing of the disputes, with copies of the disputed
`exhibit and authority.
`
`LR47. JUROR CONTACT
`Except with leave of Court, no attorney, party, nor agent of either of them may
`communicate with a former juror to obtain evidence of misconduct in the jury’s
`deliberations.
`
`LR54. COSTS
`LR54.1. Deposit for Costs.
`
`A.
`
`The clerk will not be required to perform any service requiring a
`payment unless
`(1)
`The payment is deposited with the clerk;
`(2)
`A law excuses the payment or the deposit in advance; or
`(3)
`Leave to proceed in forma pauperis has been granted. 28 U.S.C.
`§ 1915.
`
`B.
`
`The U.S. Marshal may require a deposit to cover fees and expenses. 28
`U.S.C. § 1921(d).
`LR54.2. Bill of Costs. The parties must maintain their own record of taxable costs.
`The clerk does not record taxable costs. An application for costs shall be made by
`filing a bill of costs within 14 days of the entry of a final judgment. When attorney’s
`fees are taxable as costs, an application for them must be made with the application for
`other costs. Objections to allowance of the bill, the attorney’s fees, or both must be
`filed within five days of the bill’s filing. Rule 54(d). 28 U.S.C. § 1920.
`
`LR65. BOND PROCEDURE
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`USDC/SDTX Local Rules (2000)
`Reprinted June, 2007
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`LR65.1. Sureties. No employee of the United States Courts or of the United States
`Marshal’s Service will be accepted as surety on any bond or undertaking in any
`proceeding.
`
`LR65.2. Non-Assignability of Receipts. A clerk’s receipt or the claim for the refund
`of a deposit is not assignable.
`
`LR72. UNITED STATES MAGISTRATE JUDGES
`The magistrate judges of this District are authorized to perform all of the duties
`allowed by law, including the provisions of 28 U.S.C. § 636, and General Order
`2001-6. These rules apply to proceedings before a magistrate judge. (Amended by
`General Order 2001-9, effective 06/2/01).
`
`LR79. BOOKS AND RECORDS KEPT BY THE CLERK
`LR79.1. Withdrawal of Instruments. No filed instrument shall be removed from the
`clerk’s custody without an order.
`
`LR79.2. Disposition of Exhibits.
`
`A.
`
`B.
`
`Exhibits that are not easily stored in a file folder (like posters, parts, or
`models) must be withdrawn within two business days after the
`completion of the trial and reduced reproductions or photographs
`substituted.
`
`If there is no appeal, exhibits will be removed by the offering party
`within thirty days after disposition of the case. When there is an appeal,
`exhibits returned by the court of appeals will be removed by the offering
`party within ten days after written notice from the clerk. Exhibits not
`removed will be disposed of by the clerk, and the expenses incurred will
`be taxed against the offering party.
`
`LR81. REMOVAL
`Notices for removal shall have attached only the following documents:
`1.
`All executed process in the case;
`2.
`Pleadings asserting causes of action, e.g., petitions, counterclaims, cross
`actions, third-party actions, interventions and all answers to such
`pleadings;
`All orders signed by the state judge;
`The docket sheet;
`An index of matters being filed; and
`A list of all counsel of record, including addresses, telephone numbers
`and parties represented.
`
`3.
`4.
`5.
`6.
`
`LR83. MISCELLANEOUS LOCAL RULES
`LR83.1. Admission to Practice.
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`A. Eligibility. A lawyer applying for admission to the bar of this court must
`be licensed to practice law by the licensing authority of one of the fifty states,
`the District of Columbia, or a Territory of the United States, and if licensed by
`a licensing authority other than the State of Texas, then an attorney must also
`be a member in good standing of a United States District Court.
`
`B. Division. Lawyers who reside in the district must apply in the division
`where the lawyer resides. Applicants who do not reside in the district may
`apply for admission in any division.
`
`C. Application. The lawyer shall file an application on a form prescribed by
`the Court.
`
`D. Committee on Admissions. The district shall have one committee on
`admissions comprised of five attorney members chosen by the Chief Judge and
`who shall serve staggered three-year terms. The participation of three
`members, either in person or by electronic means, shall constitute a quorum.
`
`E. Action on the Application. After a review of the application, the Court will
`admit or deny admission. A person not admitted may request a hearing to show
`why the application should be granted. The hearing will be conducted under
`the procedures for disciplinary matters.
`
`F. Uncompensated Assignments. The pro bono representation of indigent
`clients is encouraged by this Court. It is hoped that as a matter of public service
`a member of the Bar of the Southern District of Texas will accept an
`uncompensated assignment to an indigent’s civil matter as often as every
`twelve months.
`
`G. Workshop. An approved applicant must attend a workshop held by the
`Court before being admitted, unless the applicant either is over seventy years
`old or resides out of the district and is a member of the bar of another Un