LOCAL RULES OF PROCEDURE - United States District Court

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.

2 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)..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.

3 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.

4 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; 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.

5 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)

6 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)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.

7 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; 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.

8 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.(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.

9 (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.]

10 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.