⚠️ NOTICE REGARDING AI USE IN FILINGS
Judge Garcia Marmolejo requires strict adherence to General Order 2025-04 regarding the use of generative artificial intelligence in court filings. Attorneys and parties are fully responsible for all content submitted, even if drafted using AI tools. Please review the Court’s Civil and Criminal Procedures for further details.
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1300 Victoria Steet |
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| Procedures | ||
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| Civil Court Procedures | ||
| Criminal Court Procedures |
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| Video Teleconferencing Procedures |
| Standing Order | ||
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| Standing Order – Appearances in Criminal Cases |
| Forms - Civil | MS Word | Adobe PDF |
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| Template Joint Discovery/Case Management Plan | view | view |
| Template Joint Pretrial Order | view | view |
| Template Exhibit List | view | view |
| Template Witness List | view | view |
| Notice of the Right to Try a Civil Case before a Magistrate Judge | view | view |
| Consent to Proceed before a Magistrate Judge/Order to Transfer | view | view |
| Motion and Order for Admission Pro Hac Vice | view | view |
| Forms - Criminal | MS Word | Adobe PDF |
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| Consent to Proceed Before a Magistrate Judge for Jury Selection | view | view |
| Template Exhibit List | view | view |
| Template Witness List | view | view |
| Motion and Order for Admission Pro Hac Vice | view | view |
| Template Proposed Order Extending Deadline for PSR Objections | view | view |
| Template Proposed Order to Continue Final Pre-Trial Conference | view | view |
| Template Proposed Order to Continue Sentencing | view | view |
| Substitution of Counsel | view | view |
| Waiver of Remote Proceedings | view | |
| Waiver of Remote Proceedings (Spanish Version) | view | |
| Waiver of Rule 32.1 Hearing | view | view |
| Waiver of Rule 5 & 5.1 Hearings | view | view |
Notice Regarding Next Friend Filings
This is provided for information purposes only. This notice is not legal advice. Viewers should do their own legal research.
Any next friend filings must clearly establish the propriety of their status and justify the court’s jurisdiction. Next friend standing is not granted automatically. Whitmore v. Arkansas, 495 U.S. 149, 163 (1990). A putative next friend must provide an adequate explanation for why the real party in interest cannot prosecute the action, and explain why they are truly dedicated to the real party in interest’s best interests and have a significant relationship with them. Weber v. Garza, 570 F.2d 511, 513–14 (5th Cir. 1978) (per curiam)). The Court reminds litigants that next friend status does not mean the next friend may act as a petitioner’s attorney. Id. Under 28 U.S.C. § 2242, “a next friend may not litigate the case beyond filing the petition.” Jiminez Leon v. Warden of Diamondback Corr. Facility, No. CIV-26-137-PRW, 2026 WL 1034406, at *3 (W.D. Okla. Apr. 16, 2026) (citing Weber, 570 F.2d at 514).
Given the recent rise in next-friend filings, the Court notes several district court opinions in the Fifth Circuit that found the purported next friend failed to meet their burden. Burruss v. Hawkins, No. CV H-22-2740, 2023 WL 319955, at *3 (S.D. Tex. Jan. 19, 2023); Wiley v. Texas, No. 3:25-CV-922-D-BW, 2025 WL 1829835, at *2 (N.D. Tex. June 24, 2025), report and recommendation adopted, No. 3:25-CV-0922-D, 2025 WL 1828716 (N.D. Tex. July 2, 2025); Gonzales v. Sheriff of Hays Cnty., No. 1:26-CV-205-RP, 2026 WL 1195855, at *2 (W.D. Tex. Apr. 30, 2026); G. A. v. Warden El Valle Detention Facility, No. 1:26-CV-295, 2026 WL 1328203, at *1 (S.D. Tex. Apr. 21, 2026), report and recommendation adopted sub nom. G.A. v. Warden El Valle Det. Facility, No. 1:26-CV-00295, 2026 WL 1304840 (S.D. Tex. May 12, 2026).
Additionally, several sister district courts across the country have grappled with the issue, finding the standard not met. Rosales Acosta v. Slosar, No. 2:26-CV-233-KCD-NPM, 2026 WL 309230, at *1 (M.D. Fla. Feb. 5, 2026); Mesias v. Garland, No. 3:26CV86 (DJN), 2026 WL 383795, at *1 (E.D. Va. Feb. 11, 2026); Tooke v. Noem, No. 7:26-CV-38–WLS, 2026 WL 561047, at *1 (M.D. Ga. Feb. 27, 2026); Jiminez Leon v. Warden of Diamondback Corr. Facility, No. CIV-26-137-PRW, 2026 WL 1034406, at *3 (W.D. Okla. Apr. 16, 2026); Ceballo Garcia v. Warden of Diamondback Corr. Facility, No. CIV-26-710-PRW, 2026 WL 1165187, at *2 (W.D. Okla. Apr. 29, 2026).