LOCAL RULES of the UNITED STATES DISTRICT …

1 LOCAL RULESof theUNITED STATES DISTRICT COURTfor theNORTHERN DISTRICT OF INDIANAE ffective Date: August 14, 2015 TABLE OF 1 1 Citation and Scope of the 1-2 Availability and 1-3 Sanctions for Formatting 5-1 Electronic Filing 5-2 Electronic 5-3 Filing Under Seal or Ex 5-4 Format of Constitutional 6-1 Extensions of 7-1 Motion 7-3 Social Security 7-5 Oral Arguments and Evidentiary 8-1 Pro Se 9-2 Request for Three-Judge 10-1 Responsive 15-1 Amending 16-1 Pretrial 16-3 16-6 Alternative Dispute 23-1 Class 26-1 Form of Certain Discovery 26-2 Filing of Discovery and Other 30-1 Scheduling 37-1 Resolving Discovery 37-3 Dealing with Objections During 40-1 Case 40-4 Time-Sensitive 41-1 Failure to 42-2 47-1 Voir 47-2 Communication with

2 47-3 Assessment of Jury 51-1 Jury 54-1 Taxation of 56-1 Summary Judgment 65-1 Preliminary Injunctions and Temporary Restraining 66-1 69-4 Body Attachments; 72-1 UNITED STATES Magistrate 79-1 Custody of Files and 83-3 Courtroom and Courthouse 83-5 Bar Attorney Grounds for Grievance Initiating Grievance Conduct of Grievance Proceedings Grievance Conduct of Grievance Proceedings DISTRICT Attorneys Convicted of Identical Disbarment on Consent or Resignation in Other Disbarment on Consent in this Service of Show-Cause Other Disciplinary 83-7 Duty of Attorneys to Accept Appointments in Certain Civil 83-8 Appearance and Withdrawal of 83-9 Student 200-1 Bankruptcy Cases and Cr.

3 R. 6-1 Grand Cr. R. 12-1 Pretrial Authentication and Foundation for Cr. R. 13-1 Assignment of Related Cr. R. 16-1 Standard Cr. R. 30-1 Jury Cr. R. 46-1 Cr. R. 47-1 Cr. R. 47-2 Briefing Cr. R 47-3 Special Notice Requirements in 28 2254 Death Penalty HabeasCorpus Cr. R. 53-1 Special Cr. R. 53-2 Release of Cr. R. 58-1 Forfeiture of Collateral in Lieu of 1 1 2-1 Scheduling, Discovery, and 3-1 Preliminary 4-1 Claim-construction 5-1 Final Patent Disclosures .. 6-1 Expert A:Sample Pre-trial B:Standards for Professional Conduct Within The Seventh Federal ' Duties to Other ' Duties to the ' Duties to C:Notice to Pro Se Civil Rule Ind. 1 1 Citation and Scope of the RULES (a)Citation.

4 (1)Civil RULES . The LOCAL civil RULES of the UNITED STATES DISTRICT court for theNorthern DISTRICT of Indiana may be cited as Ind. (2)Criminal RULES . The LOCAL criminal RULES of the UNITED STATES DistrictCourt for the Northern DISTRICT of Indiana may be cited as Ind. R. (3)Patent RULES . The LOCAL patent RULES of the UNITED STATES DISTRICT court forthe Northern DISTRICT of Indiana may be cited as Ind. (b)Effective Date and Scope of RULES . These RULES , as amended, take effect onAugust 14, 2015. They govern all civil and criminal cases on or after that date. But in cases pending when the RULES take effect, the court may apply the formerlocal RULES if it finds that applying these RULES would not be feasible or would beunjust.

5 (c)Modification or Suspension of RULES . The court may, on its own motion or atthe request of a party, suspend or modify any rule in a particular case in theinterest of justice. 1 Civil Rule Ind. 1-2 Availability and Amendments(a)Availability. These RULES and appendices may be purchased from the clerk soffice or accessed for free on the court s web site at (b)Amendments. These RULES may not be amended without public notice and anopportunity for public comment. Notice of proposed amendments: (1)must be submitted for publication in Res Gestae, the Indiana State BarAssociation s monthly publication; and (2)may also be published elsewhere. 2 Civil Rule Ind. 1-3 Sanctions for Formatting Errors(a)Non-Compliance.

6 If a person files a paper that does not comply with the rulesgoverning the format of papers filed with the court , the court may: (1)strike the paper from the record; or (2)fine the person up to $1,000. (b)Notice. Before sanctioning a person under subdivision (a)(2), the court must: (1)notify the person that the paper is noncompliant; and (2)give the person the opportunity either to be heard or to revise the paper. 3 Civil Rule Ind. 5-1 Electronic Filing RequiredPapers must be filed, signed, and verified electronically unless excepted by the court sCM/ECF Civil and Criminal User Manual. 4 Civil Rule Ind. 5-2 Electronic Service(a)Electronic Service Permitted. Electronically filed papers may be servedelectronically if service is consistent with the CM/ECF User Manual.

7 (b)When Electronic Service Is Deemed Completed. A person registered to use thecourt s electronic-filing system is served with an electronically filed paper whena Notice of Electronic Filing is transmitted to that person through the court selectronic filing-system. (c)Serving Non-Registered Persons. A person who has not registered to use thecourt s electronic-filing system but who is entitled to service of a paper must beserved according to these RULES and the Federal RULES of Civil or CriminalProcedure. 5 Civil Rule Ind. 5-3 Filing Under Seal or Ex Parte(a)General Rule. The clerk may not maintain a filing under seal unless authorizedto do so by statute, court rule, or court order. (b)Filing Cases Under Seal.

8 (1)Papers Required. To seal a case, a party must: (A)simultaneously file directly with the clerk: (i)the initial pleadings; (ii)a motion requesting that the court seal the case; (iii)a proposed order; and (B)otherwise comply with the CM/ECF User Manual. (2)Treatment of Case Pending Ruling. When the clerk receives a new casewith a motion to seal it, the clerk must seal the case pending a ruling onthe motion. (3)If Motion Is Denied. If the court denies the motion, the clerk mustimmediately unseal the case and may do so without first notifying thefiling party. (c)Ex Parte and Sealed Filings. (1)In a Civil Case. To file a sealed document (other than an initial filing) or adocument ex parte in a civil case, a party must file it electronically asrequired by the CM/ECF User Manual.

9 (2)In a Criminal Case. (A)The following documents may be filed under seal without motionor further order of the court provided counsel has a good faithbelief that sealing is required to ensure the safety, privacy or6 Civil Rule 5-3cooperation of a person or entity, or to otherwise protect asubstantial public interest:(i)Documents filed pre-indictment;(ii)Documents filed in a sealed case post-indictment and priorto the first defendant being arrested;(iii)Requests for search warrants, including warrants fortracking devices;(iv)Requests for interception of communications pursuant to 2516;(v)Requests for phone record information pursuant to 18 2703;(vi)Requests for tax return information pursuant to 26 6103.

10 (vii)Motions for sentence variance or reduction based onsubstantial assistance pursuant to Fed. R. Crim. P. 35 , including supporting documents; and(viii)Motions for competency exam.(B)When the documents identified above are filed under seal pursuantto this Rule, the filing party must place the words under seal below the case number on the document.(C)Other than the documents identified above, documents may besealed if and only if they are subject to a prior protective order orare accompanied by a contemporaneous motion to seal, whichmotions may be filed under seal if necessary, by using thefollowing procedure:(i)electronically file a Notice of Manual Filing; 7 Civil Rule 5-3(ii)affix the Notice of Electronic Filing (NEF) of Notice ofManual Filing to the envelope s exterior.