Local Rules and Select Appendices
The rules of procedure in any proceeding in this court are those prescribed by the laws of the United States and the Federal Rules of Civil Procedure, along with these local rules and any orders entered by the court. These local rules shall be construed as consistent with Acts of Congress and rules of practice and procedure prescribed by the Supreme Court of the United States and the United States Court of Appeals for the Fifth Circuit.

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SECTION II: CRIMINAL RULES >> View All Local Rules

LOCAL RULE CR-49 Service and Filing

(a) Generally. All pleadings and papers submitted in criminal cases must conform to the filing, service, and format requirements contained in Local Rules CV-5, CV-10, and CV-11.

(1) Defendant Number. In multi-defendant cases, each defendant receives a "defendant number." The numbers are assigned in the order in which defendants are listed on the complaint or indictment. When filing documents with the court, parties shall identify by name and number each defendant to whom the document being filed applies.

(2) Sealed Indictments. In multi-defendant cases involving one or more sealed indictments, the government should, at the time the sealed indictment is filed, provide the clerk with appropriately redacted copies of the indictment for each defendant. The goal of this procedure is to protect the confidential aspect of the sealed indictment with regard to any defendants not yet arrested.

(b)  Filing of Sealed Documents in Criminal Cases. Documents in criminal cases that are filed under seal pursuant to general order or rule of this court shall be filed under seal without need for a motion to seal or a certification by counsel. Other types of documents in criminal cases may not be filed under seal unless counsel certifies that: (1) a motion for leave to seal the document in question has been filed; or (2) the court has already granted authorization to seal. Sealed criminal case documents shall be filed electronically, unless otherwise specified by these rules. When the entire case is sealed, criminal case documents shall be e-mailed to the following addresses for filing by the relevant divisional clerk's office:

Beaumont bmtcrimdocs@txed.uscourts.gov

Lufkin lufcrimdocs@txed.uscourts.gov

Marshall marcrimdocs@txed.uscourts.gov

Sherman shrcrimdocs@txed.uscourts.gov

Texarkana texcrimdocs@txed.uscourts.gov

Tyler tylcrimdocs@txed.uscourts.gov

All sealed criminal case documents from defendants proceeding pro se shall be submitted to the clerk's office for filing in paper format.

(1) Counsel filing a document under seal must send a paper copy of that document to the presiding judge’s chambers. The paper copy should be sent directly to the judge’s chambers and not to the clerk’s office. Judges may opt out of this rule by entering an order.

(c) Filing of Unsealed Plea Agreements. Each unsealed plea agreement must be presented to the court in paper, not electronic, format. The clerk’s office thereupon will scan the paper plea agreement and electronically file it as a "private entry document", which limits electronic access to the document to the attorneys in the case, the presiding judge and the court staff. However, the clerk of court shall provide public access to all unsealed plea agreements at the clerk’s offices upon request.