Local Rules – U.S. District Court Eastern District of ...

1 United States District Court Eastern District of North Carolina Local Civil Rules of Practice and Procedure December 2019 Local Civil Rules District Court for the Eastern District of North Carolina Page 1 December 2019 Return to Table of Contents TABLE OF CONTENTS Rule Scope and Citation of Local Civil Rules .. 13 Rule Reserved for Future Purposes .. 13 Rule Subsequent Litigation by Parties Proceeding In Forma Pauperis .. 13 Rule Denial of In Forma Pauperis Applications .. 13 Rule Reserved for Future Purposes .. 13 Rule Filing and Service of Papers .. 14 (a) Electronic Filing.. 14 (b) Registered Users .. 14 (c) Signature.. 15 (d) Entry on Docket.. 15 (e) Service of Document.

2 15 (f) Exceptions to Electronic Filing.. 16 (g) Personal Identifiers.. 16 Rule Appearances in Civil Cases .. 16 (a) Notice of Appearance.. 16 (b) Notice of Self-Representation.. 16 (c) Substitution of Counsel.. 17 (d) Notice of Withdrawal of Governmental Counsel.. 17 (e) Motion to Withdraw.. 17 Rule Removal and Post-Removal Procedure .. 18 (a) Filing of State- Court and Other Documents.. 18 (b) Notices of Appearance in Removed Cases.. 18 (c) Pending Motions at the Time of Removal.. 19 (d) Disclosure of Affiliations and Financial Interest.. 20 (e) Cases Related to Bankruptcy Cases.. 20 Local Civil Rules District Court for the Eastern District of North Carolina Page 2 December 2019 Return to Table of Contents Rule Motions for an Extension of Time to Perform Act.

3 20 Rule Motion Practice .. 20 (a) Time for Filing.. 20 (b) General Requirements.. 21 (c) Discovery Motions.. 21 (d) Motions for Attorney s Fees in Certain Social Security Cases.. 22 (e) Supporting Memoranda.. 22 (f) Responses to Motions.. 22 (g) Replies.. 22 (h) Subsequently Decided Controlling Authority.. 23 (i) Affidavits.. 23 (j) Hearings on Motions.. 23 Rule Memoranda .. 24 (a) Form and Content.. 24 (b) Citation of Published Decisions.. 24 (c) Citation of Authorities Not Appearing in Certain Sources.. 24 (d) Citation of Unpublished Decisions.. 25 (e) Provision of Authorities.. 25 (f) Length of Memoranda.. 25 Rule Disclosure of Corporate Affiliations and Other Entities with a Direct Financial Interest in Litigation .. 26 Rule Ex Parte Motions .. 27 Rule Reserved for Future Purposes.

4 27 Rule Reserved for Future Purposes .. 27 Rule Forms of Pleadings, Motions, and Documents .. 27 Rule Form of Exhibits to Motions .. 30 Rule Reserved for Future Purposes .. 30 Local Civil Rules District Court for the Eastern District of North Carolina Page 3 December 2019 Return to Table of Contents Rule Sanctions .. 30 Rule Disclosure Statements .. 30 Rule Reserved for Future Purposes .. 30 Rule Reserved for Future Purposes .. 30 Rule Reserved for Future Purposes .. 30 Rule Amended Pleadings .. 30 Rule Final Civil Pretrial Conference .. 31 (a) Scheduling and Notice.. 31 (b) Preparation by Counsel for Final Pretrial Conference.. 31 (c) Form of Pretrial Order.. 32 (d) Conduct of the Final Pretrial Conference.

5 33 (e) Sample Pretrial Order.. 33 Rule Minors or Incompetent Parties .. 38 (a) Representation.. 38 (b) Settlement or Dismissal of Actions.. 38 (c) Approval of Counsel Fees and Payment of Judgments Minors.. 39 Rule Reserved for Future Purposes .. 39 Rule Reserved for Future Purposes .. 39 Rule Reserved for Future Purposes .. 39 Rule Reserved for Future Purposes .. 39 Rule Reserved for Future Purposes .. 39 Rule Reserved for Future Purposes .. 40 Rule Reserved for Future Purposes .. 40 Rule Reserved for Future Purposes .. 40 Local Civil Rules District Court for the Eastern District of North Carolina Page 4 December 2019 Return to Table of Contents Rule Discovery.

6 40 (a) Discovery Materials Not to Be Filed Unless Ordered or Needed.. 40 (b) Conducting Discovery.. 40 (c) Numbering Discovery Procedures.. 41 (d) Discovery Disputes Expedited Briefing Schedule.. 41 (e) Other Discovery Matters.. 42 Rule Reserved for Future Purposes .. 44 Rule Reserved for Future Purposes .. 44 Rule Reserved for Future Purposes .. 44 Rule Deposition Exhibits .. 45 Rule Reserved for Future Purposes .. 45 Rule Depositions for Use at Trial .. 45 Rule Form of Interrogatories, Responses and Objections .. 45 Rule Requests for Production .. 45 Rule Reserved for Future Purposes .. 45 Rule Requests for Admission .. 45 Rule Reserved for Future Purposes .. 45 Rule Reserved for Future Purposes .. 45 Rule Attorney Preparations for Trial .. 46 (a) In General.

7 46 (b) Exhibits.. 46 (c) Related Rules .. 47 Rule Late Developments in the 47 Rule Opening Statements .. 47 Local Civil Rules District Court for the Eastern District of North Carolina Page 5 December 2019 Return to Table of Contents Rule Closing Arguments .. 47 Rule Court Schedule and Conduct of Business .. 48 (a) Headquarters of the Clerk.. 48 (b) Divisions of the District .. 48 (c) Assignment of Cases to a Division.. 49 (d) Scheduling Trials.. 49 Rule Electronic Designation of 50 Rule Related Cases .. 50 (a) Definition of Related Cases.. 50 (b) Notice.. 50 (c) Filing of Notice Does Not Constitute a General Appearance.. 50 Rule Reserved for Future Purposes .. 50 Rule Reserved for Future Purposes.

8 51 Rule Reserved for Future Purposes .. 51 Rule Reserved for Future Purposes .. 51 Rule Witnesses .. 51 Rule Reserved for Future Purposes .. 51 Rule Jurors .. 51 (a) Jury Lists.. 51 (b) Examination of Jurors.. 51 (c) Contact with Trial Jurors.. 52 Rule Taking Verdicts and Polling the 52 Rule Reserved for Future Purposes .. 52 Rule Reserved for Future Purposes .. 52 Local Civil Rules District Court for the Eastern District of North Carolina Page 6 December 2019 Return to Table of Contents Rule Requests for Jury Instructions .. 52 Rule Proposed Findings of Fact and Conclusions of Law .. 53 Rule Reserved for Future Purposes .. 53 Rule Application for Costs .. 53 (a) Filing Bill of Costs.

9 53 (b) Objections to Bill of Costs.. 53 (c) Taxable Costs.. 54 (d) Costs in Settlements.. 54 (e) Payment of Costs.. 55 Rule Taxation of Juror Costs .. 55 (a) Settlement before Trial.. 55 (b) Settlement before Verdict.. 55 Rule Entry of Default and Default Judgment .. 55 (a) Entry of Default by Clerk.. 55 (b) Default Judgment.. 56 Rule Motions for Summary Judgment .. 57 (a) Statement of Material Facts on Motion for Summary Judgment.. 57 (b) Exceptional Cases.. 58 (c) Cross-referencing.. 58 Rule Reserved for Future Purposes .. 58 Rule Reserved for Future Purposes .. 59 Rule Reserved for Future Purposes .. 59 Rule Reserved for Future Purposes .. 59 Rule Reserved for Future Purposes .. 59 Rule Reserved for Future Purposes .. 59 Local Civil Rules District Court for the Eastern District of North Carolina Page 7 December 2019 Return to Table of Contents Rule Reserved for Future Purposes.

10 59 Rule Seizure of Person or Property .. 59 Rule Sureties .. 59 (a) Approval of Security.. 59 (b) Security.. 60 (c) Use of Real Property as Security.. 60 (d) Prohibited Sureties.. 60 Rule Reserved for Future Purposes .. 60 [Rule ] [Deposit of Registry Funds in Interest Bearing Accounts] .. 60 Rule Reserved for Future Purposes .. 60 Rule Reserved for Future Purposes .. 60 Rule Reserved for Future Purposes .. 60 Rule Reserved for Future Purposes .. 61 Rule Magistrate Judges: Standards of Performance .. 61 Rule Magistrate Judges: Assignments of Matters .. 61 (a) General.. 61 (b) Consent to Civil Trial Jurisdiction of Magistrate Judges.. 61 (c) Reserving and Changing Assignments.. 62 Rule Authority of Magistrate Judge .. 62 (a) Duties Under 28 636(a).. 62 (b) Determination of Non-Dispositive Pretrial Matters 28 636(b)(1)(A).