E.D. Tex. Local Rule CV-3 — Commencement of Action

High confidence· verified September 26, 2026Local Rules

Summary

E.D. Tex. Local Rule CV-3 — Commencement of Action: the court's own rule, verbatim from UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LOCAL RULES (as of February 9, 2026), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. District Court for the Eastern District of Texas alongside the federal rules and any judge-specific procedures.

Requirement

(a) Habeas Corpus and 28 U.S.C. § 2255 Motions. The clerk may require that petitions for a writ of habeas corpus and motions filed pursuant to 28 U.S.C. § 2255 be filed on a set of standardized forms approved by this court and supplied, upon request, by the clerk without cost to the petitioner. Petitioners who do not proceed in forma pauperis must pay a $5.00 filing fee. See 28 U.S.C. § 1914(a). There is no filing fee for Section 2255 motions filed by prisoners in federal custody. (b) Page Limitation for Petitions for a Writ of Habeas Corpus and 28 U.S.C. § 2255 Motions. Absent leave of court, 28 U.S.C. §§ 2241 and 2254 habeas corpus petitions and 28 U.S.C. § 2255 motions and the initial responsive pleadings thereto, shall not exceed thirty pages in non-death penalty cases, and one hundred pages in death penalty cases, excluding attachments. Replies and sur-replies, along with all other motions and responses thereto, shall not exceed fifteen pages in length in non-death penalty cases and thirty pages in length in death penalty cases, excluding attachments. Documents that exceed ten pages in length must include a table of contents and table of authorities, with page references. Tables and certificates of service and conference are not counted against the applicable page limit. (c) Motions for Stay of Execution. A motion for stay of execution filed on behalf of a petitioner challenging a sentence of death must be filed at least seven days before the petitioner’s scheduled execution date or recite good cause for any late filing. (d) Page Limitations in Civil Rights Lawsuits. Absent leave of court, complaints and the initial responsive pleadings thereto filed in civil rights proceedings shall not exceed thirty pages, excluding attachments. Documents that exceed ten pages in length must include a table of contents and table of authorities, with page references. Tables and certificates of service and conference are not counted against the applicable page limit.

Source of truth

(a) Habeas Corpus and 28 U.S.C. § 2255 Motions. The clerk may require that petitions for a writ of habeas corpus and motions filed pursuant to 28 U.S.C. § 2255 be filed on a set of standardized forms approved by this court and supplied, upon request, by the clerk without cost to

Official source: E.D. Tex. — Rules & Orders (U.S. District Court, Eastern District of Texas)
Source health: Healthy · checked October 4, 2026
Effective date: February 9, 2026
Last verified: September 26, 2026benchpath-appfed-rules-2026-09-25

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