LOCAL RULES OF PROCEDURE

1 LOCAL RULES OF PROCEDUREM arch 1, 2017 TABLE OF CONTENTSI. CIVIL and Purpose; (a)Scope and (b)Effective (c) (1) Judge (2)Clerk to Accompany a (a) (b)Waiver of (c)In Forma Pauperis (a) (b)Third-Party (a)Voluntary Electronic (b)Electronic Filing (a)Order (b) (a) (1) (2) Memorandum in (3) Memorandum in (4) Length of (5) Reply (6) Oral (7) Attempt to Reach (8) Pending Matters in Stayed (b)Motion for Continuance of (c)Motion for Disclosure; (a)Corporate (b) Social Security Cases; Bankruptcy (a)Social Security (1) Time for Filing (2) Motion for Order Reversing the Commissioner s (3) Motion for Order Affirming the Commissioner s (4) Reply (5) Further Reply (6) Contents of Motions and (b)Bankruptcy (1) (2) Parties to Assist Bankruptcy Clerk with Transmitting (c)Interlocutory Bankruptcy (1) (2) If (d)Withdrawal of (1) (2) (3) District Court (4) Notification of Bankruptcy Court of Pleadings, Motions and Other (a)Size and (b)Facsimile (1) Prior Authorization for Facsimile (2) Filing (3) Filing Original (c)Affidavits and : Pro Se or Otherwise; Withdrawal of (a)By (b)By (c)Change of (d)Withdrawal of to Amend a (a) Filing (b)No Incorporation by (a)Conference to Discuss Trial (b)Final Pretrial (1) (2)Proposed Final Pretrial (3)Pretrial Neutral Evaluation (ENE).

2 11(a) (b)Cases Subject to (1)District Court (2)Bankruptcy (3)Subject to (c)ENE (d)Neutral (1) (2)Eligibility ..13(3) (4)ENE by (e)Neutral Evaluator (1)Choice and Assignment (2)Conflicts of (f)Scheduling and Reporting the Session (1)Midpoint of (2) (A)No Motion (B)Motion (C)Other (g)Attendance at ENE (1)Persons Required to (A) (B) (C)United States (D)Insurance (E) (2)Settlement Authority (3) (h)Evaluation (1) (2)Other (3)Important (4) Statements Not (i)Process and procedures at the ENE (1) (2) (3)Conducting the (4)No (5)Remedy for (j)Evaluator's (1)Items to (2)Items to (k)Supplemental Evaluator s (1) (l) (1)ENE (2) (3)Evaluation of ENE Actions; General (a) (b)Separate (1)Rule (2)Class (c) Other (a)Discovery (1)Discovery (2)Timing of the Discovery Schedule ..20(3)Pending (4) (5) (6)Final (7) (b)Third-Party Discovery (1) (2)Discovery Completion (c)Motions Related to Discovery (1)Before (2)Motion with (3)Supporting (d)Designated Portions of Videotaped Deposition to (a)Marking Exhibits for (1) Plaintiff s (2) Defendant s (3)Voluminous (4) Sub (5)Multiple Plaintiffs or (b)Stipulated (c)Copies of Exhibit (d)Exhibit (e)Photocopying Exhibits During (1)Limited (2)Additional (f)Responsibility for (1)During (2)After (g)Non-permanent Diagrams as of Cases; Subsequent (a)Consolidated (1) (2) (3)Lead (b)Subsequent (1) (2) of Witnesses in In Forma Pauperis Cases or Pro Se (a)In (b)Declining to (c)Subpoena Costs in Civil for Jury (a) (b) of Fact and Conclusions of Law by the Costs.

3 Taxation on (a)Taxable (b)Appealed (a)Clerk s Entry of (b)By the (1)Documents to (2)Consultation and Referral to District (c)By the Judgment; Notice to Pro Se Litigants Opposing Summary (a)Statement of Undisputed (b)Statement of Disputed (c)Support of (d)Time for (e)Required Notice for Pro Se of Fund with the (a)Deposit into Court Registry (b)Alternative (1) (2)Responsibility for Opening the (c) of Magistrate Judge; Referral of Cases to Magistrate Judge;Objections to Report and Recommendations of Magistrate (a) (1)General (2)Other (b)Absence or Unavailability of the (c)Objections to Report and Recommendations .. Assignment of Cases to the Magistrate Judge; Notification of Assignment;Voluntary Consent; Objections; Magistrate Judge s (a)Direct (b) (c)Voluntary (d) (e)Magistrate Judge (f)Automatic Referrals to Magistrate Questions of State (a) (b) (1)Who May (2)State Law Governs Certification (c) by the (a)Stipulated (b)Criminal Scheduling (a) (b)State Court of (a)Admission of (1) (2) (3) (4)Duty to (b)Admission of Attorneys Pro Hac (1)Application for (2) (3) (4)Required Association With LOCAL (5)Special Allowance for Original (c)Admission of Attorneys for the United (d)Fee Waived for Attorneys for the United (e)Law Student Internship and Law Clerk (1)Requirements to (2)Law Student (3)Law Clerk (4)Supervising (5)Eligible (6)One Year (a)Courthouse (1) Screening and (2)Photographs and (3)Weapons (4)Other Prohibited (5)Grand Jury (b)Possession and Use of Electronic (1)Federal RULES and Judicial Conference (2)

4 Definition of Electronic (3)Possession of Electronic (4)Use of Electronic (5) (6)Media Identification With of and Date; Relationship to Prior (a)Effective (b)Relationship to Prior and Purpose; Applicability of the RULES of Civil (a)Scope and (b)Applicability of RULES of Civil (a)Discovery from the (1) Crim. P. 16(a) and Fed. R. Crim. P. 12(b)(4) (2)Brady (3)Names and Addresses of (4)Search Warrant and (5)Electronic Surveillance Documents and (b)Discovery from (1) Crim. P. 16(b) Material ..46(2)Names and Addresses of (c)Notice Required of (d)Government Pretrial (1)Giglio (2)Fed. R. Evid. 404(b) (e)Continuing Duty to (f)Discovery (g)Motions to (1)Motion of Stipulation (2)Proposed Order (h)Pretrial Filing and Stipulation (1)Exchange and (2) (i)Sentencing (1)Review of (2)Exchange of (a) Time of (b)Defense Counsel s Presence at Presentence Investigation (c)Presentence Investigation (d)Nondisclosure to Parties of Probation Officer s of Pretrial Services.

5 Presentence or Probation (a)Authorized (b)Probation Officer Not to (c)Questioning by the (d)Request for Pretrial Services (e)Request for Presentence or Probation (1) (2)Request by Correctional (f)Continuing Confidentiality When Sent to Other (a) (b) (c)Pretrial (d)Pretrial Services (e)After (f)Disclosure to Probation (g)Violations of (h)Notification to Pretrial Services Forfeiture (a)By (b) (c)Appearance May Be (d)Possible CIVIL RULESRule 1. Scope and Purpose; Definitions.(a) Scope and Purpose. These LOCAL RULES supplement the Federal RULES of Civil PROCEDURE . Both sets of RULES apply to civil actions in this district unless they conflict with each other or withany statute of the United States, in which event the Federal RULES of Civil PROCEDURE or the statutegoverns. Any party asserting a conflict must call it to the court s attention in writing and suggestan equitable resolution.

6 (b) Effective Date. These RULES become effective as revised on January 3, 2014 and supersede allprevious RULES and related general orders promulgated by this court.(c) Definitions.(1) Judge. In these RULES , Judge means:(A) a judge of this court;(B) a judge assigned to this court; or(C) a magistrate judge performing authorized duties in this court.(2) Clerk. In these RULES , Clerk means:(A) the clerk of this court; or(B) any deputy clerk or assistant authorized by the 3. Materials to Accompany a Complaint.(a) Filing. To institute a civil action, a plaintiff must submit the following to the court: (1) the original complaint;(2) the filing fee or a motion and affidavit to proceed in forma pauperis;(3) a Civil Cover Sheet [form JS 44];(4) When applicable, a Notice of Lawsuit and Request for Waiver of Service [AO 398 or Fed.]

7 R. Civ. P. Form 5] for each defendant;1(5) When applicable, a Waiver of Service of Summons [AO 399 or Fed. R. Civ. P. Form 6] for each defendant.(b) Waiver of Service. When sent to a defendant, the Notice of Lawsuit and Waiver of Serviceforms must be accompanied by a means for cost-free return of the forms back to the plaintiff aftersigning. Executed Waiver of Service of Summons forms must be filed with the Clerk s Office bythe plaintiff.(c) In Forma Pauperis Status. The granting of in forma pauperis status waives the cost of filingand serving the complaint, but not litigation expenses unless provided by statute. A party seekingto proceed in forma pauperis should refer to the Application to Proceed In Forma Pauperisavailable on the court's 4. Summons.(a) Summons. Subject to Fed. R. Civ. P. 4(d), the plaintiff may request a formal summons fromthe court [AO 440 or Fed.

8 R. Civ. P. Form 3]. (b) Third-Party Summons. A defending party may request a third-party summons from thecourt [AO 441 or Fed. R. Civ. P. Form 4].Rule 5. Electronic Filing. (a) Voluntary Electronic Filing. Electronic filing is voluntary. (b) Electronic Filing procedures . Electronic filings must comply with the court sAdministrative procedures for Electronic Case Filing located on the court s website: Additional information regarding electronic filing is available fromthe Electronic Filing Help Desk at or (802) 951-8123. 2 Rule Sealed Documents; PROCEDURE .(a) Order Required. Cases or court documents cannot be sealed without a court order. Otherwise, all official files in the court s possession are public documents. (b) PROCEDURE . In order to seal a document, a party must:(1) file a separate motion for each document; (2) place the document in a sealed envelope;(3) affix a copy of the document s cover page (with confidential information redacted) tothe outside of the envelope; and (4) conspicuously mark the envelope with SEALED DOCUMENT or the 7.

9 Motions.(a) Generally.(1) Title. The court will not consider any motion unless it contains the word motion inthe title.(2) Memorandum in Support. Unless presented at trial, all written motions must beaccompanied by, or contain, a memorandum of law concisely stating the legal contentionsand supporting authorities. A copy of each motion and memorandum must be served onall opposing parties.(3) Memorandum in Opposition. Unless the judge extends the deadline: (A) a memorandum opposing dispositive motions, such as a motion to dismiss ormotion for summary judgment, must be filed no more than 30 days after themotion is served; (B) a memorandum in opposition to all other motions must be filed no more than14 days after the motion is served.(4) Length of Memorandum. Unless the judge grants prior leave:(A) a memorandum supporting or opposing a dispositive motion must not exceed25 pages, excluding exhibits and attachments; and (B) a memorandum supporting or opposing a non-dispositive motion must notexceed 15 pages, excluding exhibits and attachments.

10 3(5) Reply Memorandum. A reply memorandum must: (A) be filed no more than 14 days after an opposing memorandum; and (B) not exceed 10 pages, excluding exhibits and attachments. (6) Oral Argument. Motions are decided without oral argument unless scheduled by theCourt. Parties may make a written request for oral argument, which is subject to thediscretion of the presiding judge.(7) Attempt to Reach Agreement. A party filing a non-dispositive motion must certifythat the party has made a good faith attempt to obtain the opposing party s agreement tothe requested relief. If obtained, the statement of agreement must be in the body of themotion, and the word Stipulated must be in the document caption. This requirementdoes not apply to motions involving incarcerated pro se litigants. (8) Pending Matters in Stayed Cases. When the court grants a stay, it may dismiss anypending motions without prejudice.