LOCAL RULES OF THE UNITED STATES DISTRICT COURT FOR …

1 I LOCAL RULES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS Including Amendments Through June 17, 2022 ii LOCAL RULES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS Effective June 17, 2022 Including Amendments Effective Through June 17, 2022 TABLE OF RULES PREFACE .. 1 RULE TITLE .. 2 RULE APPLICATION .. 3 RULE SANCTIONS .. 4 RULE CIVIL COVER SHEET .. 5 RULE SERVICE OF PROCESS--DISMISSAL FOR FAILURE TO MAKE SERVICE .. 6 RULE FEES .. 7 RULE SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS .. 9 RULE [DELETED].. 10 RULE FILING AND SERVICE BY ELECTRONIC MEANS .. 11 RULE MOTION PRACTICE .. 13 RULE IMPOUNDED AND CONFIDENTIAL MATERIALS .. 15 RULE [DELETED].. 16 RULE ADDITION OF NEW PARTIES .. 17 RULE EARLY ASSESSMENT OF CASES .. 18 RULE EXEMPTIONS FROM FED. R. CIV. P. 16(b) .. 22 RULE CASE MANAGEMENT CONFERENCES .. 24 RULE ALTERNATIVE DISPUTE RESOLUTION .. 26 RULE FINAL PRETRIAL CONFERENCE.

2 29 RULE PATENT PROCEEDINGS .. 32 RULE CONTROL OF DISCOVERY .. 40 RULE SEQUENCES OF DISCOVERY .. 42 RULE PHASING OF DISCOVERY .. 43 RULE SPECIAL PROCEDURES FOR HANDLING EXPERTS .. 44 RULE UNIFORM DEFINITIONS IN DISCOVERY REQUESTS .. 45 RULE COURT FILINGS AND COSTS .. 47 RULE PLACE FOR TAKING DEPOSITIONS .. 48 RULE OPENING OF DEPOSITIONS .. 49 RULE INTERROGATORIES .. 50 RULE DOCUMENT PRODUCTION .. 52 RULE DISCLOSURE OF MEDICAL INFORMATION IN PERSONAL INJURY .. 53 iii CASES .. 53 RULE ADMISSIONS .. 54 RULE DISCOVERY DISPUTES .. 55 RULE ASSIGNMENT OF CASES .. 56 RULE CONFLICT OF COURT APPEARANCES .. 62 RULE CONTINUANCES .. 64 RULE EMERGENCIES AND SPECIAL PROCEEDINGS .. 65 RULE DISMISSAL FOR WANT OF PROSECUTION .. 66 RULE TRIAL .. 66 RULE [DELETED].. 68 RULE [DELETED].. 69 RULE MOTIONS FOR SUMMARY JUDGMENT .. 70 RULE SATISFACTION OF JUDGMENTS .. 71 RULE STAY BY BOND OR OTHER SECURITY .. 72 RULE SURETIES .. 73 RULE DEPOSIT IN COURT .

3 75 RULE DISBURSEMENT OF REGISTRY FUNDS .. 77 RULE PAYMENTS AND DEPOSITS MADE WITH THE CLERK .. 78 RULE SETTLEMENT .. 79 RULE SITTINGS .. 80 RULE OFFICE OF THE CLERK .. 81 RULE EXHIBITS .. 82 RULE REMOVAL .. 83 RULE DEFINITION OF JUDICIAL OFFICER .. 84 RULE PROCEDURE FOR ADOPTING, RESCINDING AND AMENDING RULES .. 85 RULE GENERAL ORDER DOCKET .. 86 RULE RELEASE OF INFORMATION BY ATTORNEYS .. 87 RULE SPECIAL ORDERS FOR THE PROTECTION OF THE ACCUSED OR .. 90 CIVIL CASES .. 90 RULE PHOTOGRAPHING, RECORDING AND BROADCASTING .. 91 RULE [DELETED].. 92 RULE [DELETED].. 93 RULE COURTROOM SEARCHES; COURTROOM SEATING .. 94 RULE ADMISSION TO THE DISTRICT BAR .. 95 RULE APPEARANCES .. 97 RULE PRACTICE BY PERSONS NOT MEMBERS OF THE BAR .. 98 RULE PRACTICE BY LAW STUDENTS .. 101 RULE PRACTICE BY PRO SE LITIGANTS .. 104 RULE ONGOING OBLIGATIONS .. 105 RULE REGISTRATION FOR ELECTRONIC CASE .. 106 MANAGEMENT/ELECTRONIC CASE FILES (CM/ECF).

4 106 RULE RULES OF PROFESSIONAL CONDUCT .. 107 RULE JURISDICTION FOR DISCIPLINARY MATTERS .. 108 RULE FORMS OF MISCONDUCT .. 109 iv RULE FORMS OF DISCIPLINE .. 110 RULE TEMPORARY SUSPENSION .. 116 RULE DISBARMENT BY CONSENT .. 118 RULE DISCIPLINE AFTER CRIMINAL CONVICTION .. 119 RULE RECIPROCAL DISCIPLINE .. 121 RULE REINSTATEMENT .. 123 RULE PUBLIC ACCESS AND CONFIDENTIALITY .. 125 RULE GRAND JURIES .. 126 RULE RELEASE OF INFORMATION BY COURTHOUSE PERSONNEL IN .. 127 CRIMINAL CASES .. 127 RULE MOTION PRACTICE .. 128 RULE EXCLUDABLE DELAY PURSUANT TO THE SPEEDY TRIAL ACT .. 129 RULE CORPORATE DISCLOSURE STATEMENT .. 130 RULE DISCOVERY IN CRIMINAL CASES .. 131 RULE DISCLOSURE OF EXCULPATORY EVIDENCE .. 135 RULE DISCOVERY MOTION PRACTICE .. 138 RULE SPECIAL PROCEDURES FOR AUDIO AND VIDEO RECORDINGS .. 140 RULE STATUS CONFERENCES AND STATUS REPORTS PROCEDURE .. 141 RULE DECLINATION OF DISCLOSURE AND PROTECTIVE ORDERS.

5 145 RULE DUTY TO SUPPLEMENT .. 146 RULE NOTIFICATION TO RELEVANT LAW ENFORCEMENT AGENCIES OF .. 147 DISCOVERY OBLIGATIONS .. 147 RULE PRESERVATION OF NOTES .. 148 RULE REQUIREMENTS OF TABLE OF CONTENTS FOR VOLUMINOUS .. 149 DISCOVERY .. 149 RULE PRETRIAL CONFERENCES .. 150 RULE SUBPOENAS IN CRIMINAL CASES INVOLVING COURT -APPOINTED .. 153 COUNSEL .. 153 RULE EFFECTIVE DATE .. 154 RULE 200 RENUMBERED AND AMENDED--SEE RULE 203 .. 155 RULE 201 REFERENCE TO bankruptcy COURT .. 156 RULE 202 bankruptcy COURT JURY TRIALS .. 157 RULE 203 bankruptcy APPEALS .. 158 RULE 204 bankruptcy COURT LOCAL RULES .. 162 RULE 205 DISCIPLINARY REFERRALS BY bankruptcy JUDGES .. 163 RULE 206 CORE PROCEEDINGS REQUIRING FINAL ADJUDICATION BY THE .. 164 DISTRICT COURT .. 164 APPENDIX A FEE SCHEDULE ( LOCAL RULE SUPPLEMENT) .. 165 APPENDIX B CIVIL COVER SHEET (JS44) .. 166 APPENDIX C LOCAL CIVIL CATEGORY SHEET .. 167 APPENDIX D NOTICE OF SCHEDULING CONFERENCE .. 168 1 PREFACE At the request of the Committee on RULES and Practice of the Judicial Conference of the UNITED STATES , LOCAL RULES dealing with civil practice have been renumbered to key them to the Federal RULES of Civil Procedure.

6 Accordingly, the numbering is not sequential. Criminal RULES will be numbered from 100 to 199, and DISTRICT COURT RULES relating to bankruptcy from 200 to 299. 2 RULE TITLE These RULES shall be known as LOCAL RULES of the UNITED STATES DISTRICT COURT for the DISTRICT of Massachusetts and cited as " , D. Mass." or " " Effective September 1, 1990. 3 RULE APPLICATION (a) In General. These LOCAL RULES shall apply to all proceedings in the UNITED STATES DISTRICT COURT for the DISTRICT of Massachusetts. (b) Cases Pending When RULES Adopted and Amended. These RULES became effective in this form on September 1, 1990, and have been amended from time to time thereafter. They shall, except as applicable time periods may have run, govern all actions and proceedings pending on or commenced after the date of adoption or amendment. Where justice so requires, proceedings in designated cases or other matters before the COURT on the effective date of the adoption or amendment of these RULES shall be governed by the practice of the COURT before the adoption of these RULES .

7 Effective September 1, 1990; amended effective October 1, 1992. 4 RULE SANCTIONS Failure to comply with any of the directions or obligations set forth in, or authorized by, these RULES may result in dismissal, default, or the imposition of other sanctions as deemed appropriate by the judicial officer. Adopted effective October 1, 1992. 5 RULE CIVIL COVER SHEET The party filing the initial pleading shall also file a civil cover sheet in the form prescribed by the Judicial Conference of the UNITED STATES (JS 44) and the LOCAL category sheet. Effective September 1, 1990. 6 RULE SERVICE OF PROCESS--DISMISSAL FOR FAILURE TO MAKE SERVICE (a) Time Limit. Any summons not returned with proof that it was served within 90 days of the filing of the complaint is deemed to be unserved for the purpose of Fed. R. Civ. P. 4(m). (b) Showing of Good Cause for Failure to Comply. Counsel and parties appearing pro se who seek to show good cause for the failure to make service within the 90-day period prescribed by Fed.

8 R. Civ. P. 4(m) shall do so by filing a motion for enlargement of time under Fed. R. Civ. P. 6(b), together with a supporting affidavit. If on the 14th day following the expiration of the 90-day period good cause has not been shown as provided herein, the clerk shall forthwith automatically enter an order of dismissal for failure to effect service of process, without awaiting any further order of the COURT . The clerk shall furnish a copy of this LOCAL rule to counsel or pro se plaintiffs, together with the summons. Such notice shall constitute the notice required by Fed. R. Civ. P. 4(m). No further notice need be given by the COURT . (c) Service According to State Practice. In those cases where the Federal RULES of Civil Procedure authorize service of process to be made in accordance with state practice, it shall be the duty of counsel for the party seeking such service to furnish to the clerk forms of all necessary orders and sufficient copies of all papers to comply with the requirements of the state practice, together with specific instructions for the making of such service, if such service is to be made by the UNITED STATES Marshal.

9 Effective September 1, 1990; amended effective January 2, 1995; December 1, 2009; May 6, 2016. 7 RULE FEES (a) Generally. Except as otherwise provided by law, the clerk and other officers and employees of the COURT shall not be required to perform any service for a party other than the UNITED STATES for which a fee is lawfully prescribed, unless the amount of the fee, if it is known, or an amount sufficient to cover the fee reasonably expected by the officer to come due for performance of the service has been deposited with the COURT . (b) Exceptions. This provision shall not apply to the UNITED STATES or a party who is proceeding in forma pauperis, or in any other situation where, in the judgment of the officer entitled to a fee, it is unnecessary to ensure payment of the fee and would work hardship or an injustice. (c) Requests to Proceed In Forma Pauperis. The clerk shall receive for filing all complaints and petitions accompanied by a request to proceed in forma pauperis, and shall note the date of filing.

10 If the request is denied, the matter will be noted on the miscellaneous business docket. If the request is allowed, or the denial is reversed, the clerk shall file the complaint or petition on the civil docket. Requests to proceed in forma pauperis shall be accompanied by an affidavit containing details of the individual's financial status. (The recommended form is available without charge from the clerk's office.) (d) Liability for Fees if Prevailing Party. In seamen's cases, or cases in which the plaintiff is granted leave to proceed in forma pauperis, the plaintiff remains liable for filing and other fees in the event he or she is the prevailing party at settlement or otherwise, and he or she collects a money judgment or any costs taxed by the COURT or clerk. These fees are payable forthwith upon collection of any sums from the defendant. (e) Notices of Appeal. The clerk shall on request file notices of appeal whether or not accompanied by the required filing fee.