Loading…
Bankr. E.D. Tex. LBR 7016-1 — Pretrial Procedures and Orders: the court's own rule, verbatim from LOCAL RULES OF BANKRUPTCY PROCEDURE OF THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TEXAS ([Revised August 22, 2022]), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Eastern District of Texas alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.
(a) Discovery Discovery conducted in adversary proceedings must not be filed with the Clerk. (b) Scheduling Order A scheduling order controls the course of an adversary proceeding and may not be amended without Court approval. To the extent that a scheduling order is inconsistent with a provision in the Local Rules of Bankruptcy Procedure, the scheduling order controls. If a scheduling order is not issued, the provisions of this rule shall apply. (c) Pretrial Conference A pretrial conference may be scheduled, on written motion to the Court, or on the Court's own motion. A party’s request for a pretrial hearing or conference must be made no later than 28 days prior to the date scheduled for the trial. (d) Exhibits 1. Exhibits which are to be introduced into evidence must be: (A) individually marked for identification on the first page of the exhibit as set forth below prior to the hearing; (B) tendered through digital (electronic) media, such as a USB flash drive or compact disc (CD), or otherwise bound in a booklet format, but a minimum of one copy of the exhibits must be tendered to the Court in a digital format; (C) if tendered in booklet format, separated by tabs or other appropriate dividers; (D) if tendered in digital format, indexed by bookmark or other appropriate dividing mechanism; (E) presented in numerical or alphabetical sequence and preceded by an exhibit list in the format prescribed by TXEB Local Form 7016; and (F) tendered in a minimum number of four (4) sets: two for the Court (one of which must be in a digital format); one for the witness box (which must be in a paper format); and one set for each opposing counsel who appears. 2. Exhibits for the Plaintiff shall be designated by number. In the event of multiple plaintiffs, then each exhibit shall be designated by a specific plaintiff's name, followed by a number [i.e. Smith, Inc.- 1]. 3. Exhibits for the Defendant shall be designated by letter. In the event of multiple defendants, then each exhibit shall be designated by a specific defendant's name, followed by a letter [i.e. Smith, Inc.- A]. 4. Copies of all exhibits must be provided to each party not less than 14 days prior to trial. 5. Failure to comply with the exhibit requirements in this Local Rule may result in the refusal of the Court to admit exhibits into evidence or other sanctions. (e) Proposed Findings of Facts and Conclusions of Law Unless excused by the Court, each party shall prepare proposed findings of fact and conclusions of law in a detailed format based upon the evidence anticipated to be offered at trial. The Court shall direct the time and the means for such submission through its scheduling order. (f) Briefs Any legal brief must be filed by the pretrial order deadline and must be served on opposing counsel. (g) Pretrial Order A pretrial or joint pretrial order caption must include the date set for trial, if known, and the estimated time required for trial of the issues. Unless otherwise established by the Court, a pretrial order is due 14 days prior to trial. (h) Continuances in Adversary Proceedings A motion for continuance in an adversary proceeding will require a proper certificate of service, but will not require any negative notice language.
(a) Discovery Discovery conducted in adversary proceedings must not be filed with the Clerk. (b) Scheduling Order A scheduling order controls the course of an adversary proceeding and may not be amended without Court approval. To the extent that a scheduling order is inconsistent