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# Judge Randy Crane

> United States District Court
>
> Southern District of Texas
>
> McAllen Division

## Procedures Required by Judge Crane

1.  Communicating with the Court

2.  Electronic Filing Requirements (CM/ECF)

3.  Initial Pretrial Conferences and Scheduling Orders

4.  Emergency Relief

5.  Appearances

6.  Continuances

7.  Motion Practice

8.  Final Pretrial Hearing

9.  Trials

10. Courtroom Formalities

11. Settlements and Dismissals

12. Recusals and Conflicts of Interest

> **1. Communicating with the Court**

A.  Ex parte communications with the Court are prohibited. All written
    communication to the Court must be copied to all parties with an
    interest in the case that is the subject of the communication.

B.  Information about the status of a case ordinarily should be obtained
    online from the CM/ECF system but may also be obtained, if
    necessary, from the United States District Clerk's Office at (956)
    618-8065.

C.  Other case related inquires should be made only to the Case Manager:

> Ludi Cervantes
>
> Case Manager to Judge Randy Crane
>
> United States Courthouse
>
> 1701 West Business 83, 10^th^ Floor
>
> McAllen, TX 78501
>
> \(956\) 618-8065

D.  Letters should be used for minor procedural matters. Do not address
    substantive issues in letter form. Ordinarily, correspondence is not
    docketed and is destroyed.

E.  Phone inquires directly to Chambers related to any pending case are
    prohibited.

F.  Courtesy copies of appellate briefs may be made directly to
    Chambers.

> **2. Electronic Filing Requirements**

A.  The Court encourages the [electronic
    filing](http://www.txs.uscourts.gov/dclclrl/civ5.htm) of all
    pleadings. This reduces the burden on the Clerk's Office and
    increases the efficiency of the Court. Correspondence shall not be
    filed electronically.

B.  Electronic filings shall be in accordance with [Administrative
    Procedures for Electronic Filing in Civil and Criminal
    Cases](http://www.txs.uscourts.gov/news/admin_civil_criminal_proc.pdf).
    Answers to frequently asked questions regarding electronic filing
    may be obtained
    [here](http://www.txs.uscourts.gov/dccmecf/index.htm).

C.  Voluminous, double-sided or irregular documents:

    1.  Leave of Court is required for the conventional filing of
        documents greater than 50 pages in length. Such documents should
        be filed electronically when possible.

    2.  Leave of Court is required for the conventional filing of
        documents printed on both sides. Such documents should be filed
        electronically when possible.

    3.  Leave of Court is required for the filing of over-sized or
        irregularly shaped documents which are not capable of being
        readily imaged by court personnel and equipment. Such documents
        should be filed electronically when possible.

**3. Initial Pretrial Conferences and Scheduling Orders**

A.  The Initial Pretrial Conference will be conducted in accordance with
    FRCP 16 and [Local Rule
    16.1](http://www.txs.uscourts.gov/dclclrl/civ16.htm).

B.  A Joint Discovery/Case Management Plan must be filed at least
    three (3) business days prior to the Initial Pretrial Conference.
    The form for this Plan may be downloaded by clicking
    [here]{.underline}.

C.  At the Initial Pretrial Conference, the Court ordinarily will enter
    a Scheduling Order in compliance with FRCP 16(b). The form of this
    Order can be viewed by clicking [here]{.underline}.

    1.  The Scheduling Order will govern throughout the case.

    2.  Discovery deadlines within the Scheduling Order may be extended
        by agreement in writing between the parties without Court
        involvement. Any such agreement need not be filed with the
        Court.

    3.  Requests for an Amended Scheduling Order should include a
        proposed Order in this [form]{.underline} with proposed dates
        included. Final pretrial and jury selection dates may be
        obtained from the District Clerk's Office.

> D. If new parties are joined after the Scheduling Order is entered,
> the party causing such joinder shall provide to the new parties a copy
> of the Scheduling Order.
>
> **4.** **Emergency Relief**

A.  Applications for restraining orders or other immediate relief shall
    be filed in the same manner as any other pleading. However, counsel
    shall telephonically advise the Case Manager, Ludi Cervantes, at
    956-618-8065 of the filing of such request for emergency relief.

B.  *Ex parte* applications for restraining orders will NOT be
    entertained by the Court unless the requirements of FRCP 65(b) have
    been satisfied.

C.  Applications for restraining orders or other immediate relief 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.

> **5. Appearances**

A.  An attorney who appears for any proceeding shall:

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(1) Be admitted to practice before this Court;

(2) Be familiar with the case;

(3) Have authority to bind the client; and

(4) Be in charge for that appearance.

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B.  Failure to appear at a setting without good cause will subject the
    attorney and/or his or her client to sanctions, including dismissal
    for want of prosecution and/or other appropriate order or judgment.

C.  Attorneys not admitted to practice before this Court may seek
    admission *Pro Hac Vice*. For more information on *Pro Hac Vice*
    admission, click
    [here](http://www.txs.uscourts.gov/atyadm/atyadm.htm). Absent good
    cause, attorneys whose primary office is within this Division shall
    only be admitted *Pro Hac Vice* once every two years. Ordinarily,
    local attorneys who practice before this Court are expected to
    become generally admitted to practice.

> **6. Continuances**

A.  Agreements or joint motions among counsel for continuances are not
    binding on the Court. Motions for Continuance will be granted only
    at the Court's discretion.

B.  The Court will respect attorneys' reasonable requests for vacation
    if made well in advance of a trial setting.

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, video
    deposition, or by stipulation.

> **7. Motion Practice**

A.  The Court follows the written motion practice described in the
    [Local Rules](http://www.txs.uscourts.gov/dclclrl/lclrltop.htm),
    except as set forth herein.

B.  PLEASE NOTE THE COURT'S REQUIREMENT TO ELECTRONICALLY FILE
    VOLUMINOUS, DOUBLE-SIDED OR IRREGULAR DOCUMENTS. See Court Procedure
    2.C.

C.  Motions requiring expedited consideration.

    1.  Any motion REQUIRING expedited consideration shall contain
        "Emergency" in the caption.

    2.  Counsel seeking expedited consideration of a motion shall
        contact the Case Manager and advise of the filing of such
        motion.

    3.  Responses to motions seeking expedited consideration shall be
        made as soon as possible.

    4.  The Court shall consider such motions as soon as practicable
        therefore any responses should be made as soon as possible.

> **8. Final Pretrial Conferences**

A.  Any pending motions not previously disposed, shall be addressed at
    the Final Pretrial Conference.

B.  A Joint Pretrial Order must be filed at least 5 business days prior
    to the date of this hearing. The form for such Joint Pretrial Order
    may be obtained
    [here](http://www.txs.uscourts.gov/dclclrl/appb.htm).

    1.  Counsel for the plaintiff is responsible for ensuring that the
        Joint Pretrial Order is timely filed. Other counsel are required
        to diligently participate in providing the information required
        in such Pretrial Order.

    2.  If plaintiff fails to file the Joint Pretrial Order, the
        remaining parties are responsible for filing their portions of
        the Joint Pretrial Order in the Joint Pretrial Order format.

    3.  The form for the Joint Pretrial Order should be followed, but
        may be adapted within reason to accommodate the size and nature
        of the case.

    4.  Failure to file the Joint Pretrial Order will subject counsel
        and/or the parties to sanctions, including dismissal for want of
        prosecution and/or other appropriate sanction.

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    9.  **Jury Trials**

#### Required Trial Materials

(1) A Bench copy of all documentary exhibits intended to be introduced.
    If voluminous, documents may be provided on disc in .pdf, .doc, or
    .wpd formats.

    A.  Trial Settings

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(1) The date for jury selection will be as set forth in the Scheduling
    Order issued in the case.

(2) The date for the commencement of the trial will be determined at the
    Final Pretrial Conference and, ordinarily, shall be sometime later
    in the trial month.

### Equipment

(1) The following equipment is available for use during trials: an ELMO,
    VCR, TV, projection screen, and DLP projector.

(2) The courtroom is also equipped with appropriate connections,
    hook-ups and cabling to allow the presentation of any media on an
    attorney's laptop computer through either component or analog
    video/audio connections.

(3) Any equipment necessary for the presentation of evidence at trial
    may be utilized so long as advance permission is obtained from the
    Court by contacting the Case Manager.

    A.  Voir Dire -- The Court conducts the preliminary examination of
        the jury panel. Proposed *voir dire* questions are to be
        included in the Final Pretrial Order. Counsel should be prepared
        to introduce themselves, co-counsel and witnesses likely to
        testify.

    B.  Exhibits

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(1) All exhibits must be marked and exchanged among counsel before
    trial. The offering party shall mark its name, the case number, and
    the exhibit number on each exhibit to be offered.

(2) Exhibit lists are to be included in the Joint Pretrial Order.

(3) Counsel requiring authentication of an opponent's exhibit must
    notify offering counsel in writing within five (5) business days
    after the exhibit is identified and made available for examination.
    Failure to do so is an admission of authenticity. *See* [Local Rule
    44.1](http://www.txs.uscourts.gov/dclclrl/civ44.htm).

(4) Objections to exhibits must be made in accordance with [Local Rule
    46](http://www.txs.uscourts.gov/dclclrl/civ46.htm).

(5) Disposition of exhibits following trial will be in accordance with
    [Local Rule 79.2](http://www.txs.uscourts.gov/dclclrl/civ79.htm).

> **10. Courtroom Formalities and Decorum**

A.  Traditional formal Courtroom etiquette is required in the courtroom
    as set forth in [Appendix
    C](http://www.txs.uscourts.gov/dclclrl/appc.htm) of the Local Rules.

B.  Advance permission from the Court is necessary before any electronic
    devises, computer equipment, cameras or recording devices may enter
    the courtroom.

C.  No weapons or cell phones are permitted in the courtroom, unless
    they are evidence in a pending case.

D.  Formal courtroom attire is required and counsel shall have
    responsibility for communicating this requirement to witnesses and
    family members.

E.  The courtroom is open to the public during session, subject to
    security requirements, disruptive conduct and proceedings required
    by law to be under seal.

> **11. Settlements and Dismissals**

1.  Upon the settlement of any case, counsel must immediately notify the
    Case Manager telephonically, in writing or, preferably, by email to
    [*Ludi_Cervantes@txs.uscourts.gov*](mailto:Ludi_Cervantes@txs.uscourts.gov).

2.  Upon receipt of the parties' announcement of settlement, the Court
    will enter an order vacating all settings, mooting all pending
    motions and allowing the parties approximately three weeks to submit
    appropriate dismissal documents.

3.  Upon settlement of a suit involving a minor or incompetent
    plaintiff, counsel must jointly move for appointment of an attorney
    ad litem if there is a potential conflict of interest between the
    parent(s)/guardian and the minor/ward.

> **12. Recusals and Conflicts of Interest**

A.  The parties are required to file with the Court a [Certificate of
    Interested Parties]{.underline} at least 10 days prior to the
    Initial Pretrial Conference.

B.  The parties are also required to immediately apprise the court of
    any matters that may require the Court's recusal.

C.  In addition to any matters that may require recusal by the Court,
    the parties should also immediately apprise the court of any matters
    that might create the appearance of a conflict of interest by the
    Court or raise a question as to the Court's impartiality. This may
    be done by correspondence to Chambers with copies to all counsel.