LOCAL U C R - United States District Court

1 LOCAL UNIFORM CIVIL RULESof theUNITED States District COURTSfor theNORTHERN District OF MISSISSIPPIand theSOUTHERN District OF MISSISSIPPIEFFECTIVEAPRIL 30, 2013 TABLE OF Sites And AND PURPOSES OF RULES ..1 Rule (a) (b) 5. ORIGINAL FILINGS AND (a)Original (1)Civil Cover (2)Filing (b) (c)Electronic Filings; Signatures and Verification; Administrative (d)Non-Filing of Pre-Discovery Disclosures and Discovery (1)Pre-Discovery (2) (3) (4)Filing for use in Relation to (5)Filing for use on OF PERSONAL AND SENSITIVE INFORMATION; PUBLIC ACCESS TO COURTFILES; REDACTED INFORMATION; SEALED of Counsel and 7. MOTIONS AND OTHER (a)Trial (b)Motion (1) (2)Filing, Deadlines, Proposed (3) (4)Memorandum Briefs; Documents Required with Motions; Time Limits;Failure to Submit Required Documents; Motions Not (5)Length of Memorandum (6)Notice and (7) (8)Urgent or Necessitous (9) Court (10)Non-Dispositive (11)Untimely (c)Corporate Disclosure REQUIRED ON PLEADINGS, MOTIONS, AND OTHER (a) Court (b) (1)Removed Civil (2)Transferred Civil (3)Immunity Defense or Jurisdictional (4)Civil Asset Forfeiture (c)Submission of Written Proposed Case Management Plan and Scheduling (d)Time of (e)Case Management (f)Case Management (g)Settlement (h)Cases Excluded from Scheduling and Disclosure (i)Alternative Dispute Resolution (j)Final Pretrial Conferences And Pretrial (1)Cases in Which Conference to be Held.

2 Scheduling; Role of Magistrate (2)When Conference May be Dispensed With; Pretrial Order Still Required; (3)Submission by Magistrate Judge to Trial (4)Duty of Counsel to Confer; Exhibits; Matters to be Considered at Conference; (5) (6)Procedure at Final Pretrial (7)Effect of Pretrial (8)Conference Scheduling; Conflicting (9)Discretion of District (k) Conflicting Settings And Requests For 26. DISCOVERY (a)Pre-Discovery Disclosures of Core Information/Other Cooperative Discovery (1)Initial (2)Expert (3)Failure to (4)Discovery Before the Case Management (5)Supplementation of (b)Setting Discovery (c)Attorney/Party Signatures for Requests to Extend Discovery (d)Limitations on Use of (e) 26(f) Conference of the (1)Principal (2) (3) (4) (5)Jurisdiction by a Magistrate (6) (7)Preparation of a proposed case management plan and scheduling (8)Other 30.

3 (a)Audiovisual Recording of (1)Written Transcript (2)Scope of Scene (3)Witness Approval Not (4)Availability to (5) (6)Expenses Recoverable as (b)Depositions of AND/OR MENTAL (a)Good Faith (b)Motions Must Quote Disputed (c)Failure to (d) 37 Motion to Limit or Quash a FOR (a)When Due; How (b)Within Discretion of (c)Removed Actions; Law and Equity OF (a) (b)Witnesses Attendance and Mileage (c)Privileged (d)Non-Party (e)Motions Regarding WITH FOR JURY (a)When (b)How (c)Automated (d)Standard Instructions Not AND (a)Manner of (b) (a)Postponement in Advance of (b)Postponement After the Case is (c)Bill of JUDGES ..26(a)Procedures before a Magistrate (1)Appeal of Magistrate Judge s (2)Effect of Ruling by a Magistrate (3)Matters Upon Which a Magistrate Judge is Required to Submit a Report and (4)Rule Not Applicable to Consent (b)Assignments to a Magistrate (c)Notifying Parties of Non-Automatic (d)Referral to Magistrate (e)Hearing of Non-dispositive Motions When Assigned Magistrate Judge Is BEFORE A MAGISTRATE JUDGE CIVIL CONSENT CASES.

4 28(a)Notice of Consent (b)Execution of (c)Time for (d)Reference of Civil Consent (e)Party Added After Consent ALWAYS OF Court (a) Court Records Presumptively in Public (b)Documents Filed with the (c)Sealed (d)Stipulations, Confidentiality and Protective Orders (e)Procedure for Filing Documents Under (f)Duration of (g)Non-Filed SE PRISONER : ADMISSION AND (a)General Admission of (b) (1)Requirement of LOCAL (2)Designation of Lead (3)Withdrawal by (c)Discipline and (1)Original (2)Reciprocal (3) (d) Pro Hac Vice Admission of (1) (2)Authority of the Court to Permit Pro Hac Vice (3)Association and Duties of a Resident (4)Pro Hac Vice (5)Application (6)Objection to (7)Standards for (8)Revocation of (9)Suspension or Disbarment of Resident (10)Attorneys Representing the United (e)Authorization to Practice Law in the Northern and Southern Districts ofMississippi Federal OF (a)Custody and Disposition of (b)Custody of Sensitive AND BROADCASTING.

5 40(a)Photography and Broadcasting (b)Electronic Devices RULES OF PROFESSIONAL DISPUTE RESOLUTION ..41(a)Introduction and (b)Administration of ADR (c)Voluntary Use of Other (d) (e)Cases Appropriate for (1)Discretion of (2)Actions Exempted from Consideration for (f)Procedures for (1)Early Conferral Regarding (2)CMO Provision Regarding (3)Report Regarding ADR Required before Final Pretrial (4)Pre-ADR (g)Authority to (1) (2)Appearance at Mediation ..43(3)Attendance of (4)Post-Mediation Report to (h) (i) (1) Court Appointed (2)Use of Non-Panel (3) (4)Codes of Ethics and Standards of (5)Disqualification. No person may serve as a mediator:..45(j)Confidentiality of (1)General Rule of (2)No Compelled (3)Limitations on Communications with (4)Exceptions to the General Rule of AND MARITIME RULES, District COURTS OF AND GENERAL (1) (2) (3)Application of LOCAL Admiralty and Maritime (4)Designation of In Admiralty (5)In Rem Admiralty and Maritime (6)Verification of (7)Amendment of Pleadings to Add or Delete Rule 9(h) (8)Issuance of (9)Publication of (10)Form and Return of Process in In Personam (11)Taxation of (12)Forms Admiralty and Maritime AND GARNISHMENT: SPECIAL (1)Definition of Not Found Within the District .

6 51(2)Pre-seizure (a)Judicial Review Before (b)Certification of Exigent (c)Preparation and Issuance of the Process of Attachment (d) United States Marshal s Return of (e)Use of Substitute (3)Notification of Seizure to (4)Post-attachment Review (a)Filing a Required (b)Hearing on the Answer and (5)Procedural Requirement for the Entry of (6)Procedural Requirements for the Entry of Default IN (1)Verification (2)Pre-seizure (a)Judicial Review Before (b)Certification of Exigent (c)Preparation and Issuance of the Warrant for Arrest or (3)Special Requirements for Actions Involving Freight, Proceeds orIntangible (a)Instructions to be Contained in the (b)Requirements for Claims to Prevent the Delivery of Freight,Proceeds or Intangible Property to the United States (c)Delivery or Payment of the Freight, Proceeds or IntangibleProperty to the United States (4)Publishing Notice of the Arrest as Required by Supplemental Rule (C)(4).

7 57(a)Time for (b)Proof of (5)Undertaking in Lieu of (6)Time for Filing Claim or (7)Post-arrest (8)Procedural Requirements for Entry of (9)Procedural Requirements for Entry of Default (a)When No Person has Filed a Claim or (b)When Any Person Has Filed an Appearance, But No Claim orAnswer, or has Filed a Claim of Intervention But Has Not , PETITIORY AND PARTITION IN REM AND QUASI IN REM; GENERAL (1)Statement of Damages and Expenses (2)Advance Arrangements for Substitute (3)Requirements and Procedures for Effecting (a)Intervention of Right When No Sale of the Vessel or Propertyis Pending, and Where Security Has Not Been Posted but theVessel is (b)Permissive Intervention When the Vessel or Property Has Been Scheduled for Sale by the (4)Special Requirements for Salvage (5)Deposit of United States Marshal s Fees and Expenses RequiredBefore Effecting Arrest, Attachment or (a)Deposit Required Before (b)Proration of United States Marshal s or Substitute Custodian sFees and Expenses upon (c)Additional Deposit (d)Judicial Relief from Deposit (e)Failure to Comply with Additional Deposit (6)Property in Possession of a United States (7)Process held in (a)When (b)

8 When Intervention Is Subsequently (8)Release of Property Under Supplemental Rule (E)(6)..64(a)Release by Consent or (b)Upon the Dismissal or Discontinuance of an (c)Release After the Posting of a General (9)Application to Modify Security for Value and (10)Custody and (a)Initial (b)Limitations on the Handling, Repairing and SubsequentMovement of Vessels or (c)Procedures for Changing Custody (d)Insurance (11)Preservation, Humanitarian and Repatriation (a)Limitations on Reimbursement for Services or Supplies Provided to a Vessel or Property in (b)Preservation Expenses for the Vessel or Property under (c)Expenses for Care and Maintenance of a (d)Repatriation (e)Claim by a Supplier for Payment of (12)Property in Incidental Custody and Otherwise not Subject to the Arrestor (a)Authority to Preserve Cargo in Incidental (b)

9 Separation, Storage and United States Preservation of Propertyin Incidental (c)Disposal of Unclaimed (13) (a)By (b)Involuntary (14) (a)Expenses of Sureties as (b)Costs of Arrest or (15)Stay of Final (a)Automatic Stay for Fourteen (b)Stays Beyond the 14-Day (16)Notice of (a)Publication of (b)Duration of (17)Sale of a Vessel or (a)Payment of the Purchase (b)Method of (c)Custodial Costs Pending (d)Default for Failure to Pay the (e) United States Marshal s Report of (f)Confirmation of (g)Objections to (h)Confirmation of (18)Post-sale TO LIMIT (1) (2)Submission of Proposed Order and Enjoining of (3)Publication of the (4)Proof of ACTIONS IN (1) (2)Verification of the (3)Forfeiture of Real (4)Forfeiture of Other Property. Arrest Warrant In (5) (a) (b)Known Potential (c)Property Valued at Less than $1, (6)Responsive (a)Strict Compliance (b) (c)Claim (7)Special (8)Default; Default (a)Entry of (b)Default Judgment; Complete or (9)Taxation of 1:Case Management 2a:Notice of Receipt of Original 2b:Notice of Service of Interrogatories or Requests for Production of Documents or Responses 2c:Notice of Service of Pre-Discovery Disclosure 3:Pretrial 4:Good Faith 5 6:Application for Admission Pro Hac 7:Report of LOCAL UNIFORM CIVIL RULES OF THE United States District COURTS FOR THENORTHERN District AND THE SOUTHERN District OF MISSISSIPPI [the LOCAL RULES] were first made effective on January 1, 1986.

10 The Rules were amended July 1, 1992; July 1, 1996; September1, 1998; December 1, 2000; November 1, 2004; December 1, 2010; December 1, 2011; December1, 2012; and April 30, 2013; and they apply to pending civil actions except where injustice wouldresult. They govern all proceedings in the United States District Courts serving the State ofMississippi, and should be cited as practicing before the District courts of Mississippi are charged with theresponsibility of knowing the LOCAL RULES, the Administrative Procedures for Electronic CaseFiling for both the Northern and Southern Districts of Mississippi, the Internal Operating Proceduresand Standing Orders of the Court and may be sanctioned for failing to comply with them. Postingof the LOCAL RULES on the Internet Websites maintained by the clerks of the District courts issufficient delivery of the LOCAL RULES to all attorneys and the public.