Rules of Practice of the U. S. District Court for the ...

1 Rules of Practice of the U. S. District Court for the District of Arizona Effective December 1, 2016. Rules OF Practice OF THE. UNITED STATES District Court . FOR THE. District OF ARIZONA. EFFECTIVE DECEMBER 1, 2016. Foreword/Explanatory Note These Rules of Practice of the United States District Court for the District of Arizona ( local Rules ) are promulgated under the authority of Rule 83 of the Federal Rules of Civil Procedure ( ), Rule 57 of the Federal Rules of Criminal Procedure ( ), and Rule 47 of the Federal Rules of Appellate Procedure (FRAP). The local Rules of Civil Procedure may be cited as "LRCiv". The local Rules of Criminal Procedure may be cited as "LRCrim".

2 The local Rules of Bankruptcy Appeal Procedure may be cited as LRBankr . SUMMARY OF 2015-2016 local RULE AMENDMENTS. District OF ARIZONA. local Rule Note/Explanation Regarding Amendment Amendment LRCiv (a) REMOVAL TO FEDERAL Court . Amended to require the removing party to include the most recent version of the docket from the state Court , if available. Note: Assistance locating electronic docket information may be available on the Arizona Public Access Case Lookup (PALC) website located at: LRCiv (e)(7) COSTS: SECURITY FOR, TAXATION, PAYMENT. Amended to eliminate the final sentence of subparagraph (7) of subpart (e) for the reason that the Supreme Court has held that the cost of document translation may not be awarded under the federal taxation statute.

3 Taniguchi v Kan Pacific Saipan, Ltd., 132 1997, 2007 (2012). LRCiv (c) LOCATIONS; HOURS OF CLERK'S OFFICES. Amends rule to clarify that causes of action arising on the Maricopa County portion of the Tohono O'odham Indian Reservation will be tried in Phoenix, unless otherwise ordered by the Court . (Note: This is an emergency technical amendment adopted by General Order 16-10 pursuant to LRCiv (c).). LRCiv CUSTODY AND DISPOSITION OF NON-ELECTRONICALLY. SUBMITTED EXHIBITS, ADMINSTRATIVE RECORDS, AND. SEALED DOCUMENTS. Amendment eliminates subparts (d) through (f) and re-sequences subpart (g) as (d) for the reasons that these sections of the rule are obsolete based on the Court 's current electronic filing environment, and they no longer comply with the Judiciary's Records Disposition Schedule.

4 LRCiv APPEARANCE BY ATTORNEY OR PARTY; NAME AND. ADDRESS CHANGES; CONTROL OF CAUSE. Amendments to subparts (a) and (b) to make it clear that, with the exception of the change of counsel in the same firm or government office, the process relating to withdrawal or substitution requires a motion and order. LRCrim (a)(1)(A) ASSIGNMENT OF CASES AND MATTERS; CRIMINAL;. JUVENILE. Technical amendment to subpart (a)(1)(A), and adds a new subpart (a)(3) to address the assignment of cases alleging an escape in violation of 18 751 and/or 4082. Technical amendment to subparts (d) and (e) to correctly reference LRCiv TABLE OF local Rules . local Rules OF CIVIL PROCEDURE.

5 Title I. Scope of Rules ; Form of Action 1. Scope and Purpose LRCiv Court CALENDAR MANAGEMENT .. 2. (a) Non-Trial Additions/Deletions to Calendars By Counsel or Unrepresented Parties..2. (b) Notice of Conflict..2. (c) Inter-Division (d) Resolution of 2. One Form of Action (NO local RULE) .. 3. Title II. Commencement of Action; Service of Process, Pleadings, Motions, and Orders 3. Commencing an Action LRCiv CIVIL COVER SHEET; PATENT, TRADEMARK, AND COPYRIGHT. NOTICES .. 4. (a) Civil Cover Sheet..4. (b) Detainees and Pro Se (c) Patent, Trademark, and Copyright Notices..4. LRCiv DOCKETING .. 5. (a) Case Numbering..5. (b) Docketing Format.

6 5. LRCiv ACTIONS IN FORMA PAUPERIS .. 6. LRCiv COMPLAINTS BY INCARCERATED PERSONS .. 8. LRCiv WRITS OF HABEAS CORPUS AND MOTIONS PURSUANT TO 28 2255 .. 9. (a) Filing Requirements..9. (b) In Forma Pauperis Certification..9. i LRCiv REMOVAL TO FEDERAL Court .. 10. (a) Procedure..10. (b) State Court Record..10. (c) Pending (d) Jury Trial Demand..10. LRCiv ASSIGNMENT OF CASES; CIVIL .. 11. (a) Assignment of Civil Cases..11. (b) Random Assignment to Magistrate Judges..11. (c) Assignment of Bankruptcy Matters ..12. (d) Assignment of Capital Habeas Corpus Cases ..12. (e) Assignment of Complaints Filed by Incarcerated Persons and Habeas Corpus Petitions.

7 12. (f) Assignment of Miscellaneous Matters ..12. (g) Temporary Reassignment of Cases ..12. 4. Summons (NO local RULE) .. 14. Serving Other Process (NO local RULE) .. 14. 5. Serving and Filing Pleadings and Other Papers LRCiv PLACES FOR 15. (a) Clerk's Offices; Place of Filing..15. (b) Writs of Habeas Corpus..15. LRCiv FILING OF DISCOVERY AND DISCLOSURE NOTICES .. 16. LRCiv STATUTORY Court .. 17. (a) Pleadings Filed in Quadruplicate..17. (b) Briefs Filed in Quadruplicate..17. LRCiv FILING; COPY FOR JUDGE .. 18. LRCiv ELECTRONIC FILING .. 19. (a) Electronic Case Filing Administrative Policies and Procedures Manual..19. (b) Filing of Documents Electronically.

8 19. ii (c) Scope of Electronic Filing..19. (d) Registered User Eligibility..19. (e) Registration..19. (f) Password Security ..19. (g) Signatures..19. (h) Service of Electronic Filings..20. (i) Request for Electronic Notice by LRCiv SEALING OF Court RECORDS IN UNSEALED CIVIL ACTIONS .. 21. (a) Order Required..21. (b) Procedure for Obtaining an Order to File a Document Under Seal..21. (c) Lodging of Documents to Be Filed Under Seal..21. (d) Filing a Document Designated Confidential by Another Party..22. (e) Denial of Request to File a Document Under Seal..22. (f) Effect of Sealing..23. LRCiv FILING OF Court RECORDS IN SEALED CIVIL ACTIONS.

9 24. Constitutional Challenge to a Statute Notice, Certification, and Intervention (NO local RULE) .. 25. Privacy Protection For Filings Made with the Court (NO local RULE) .. 25. 6. Computing and Extending Time; Time for Motion Papers LRCiv MOTIONS AND STIPULATIONS FOR EXTENSIONS OF 26. Title III. Pleadings and Motions 7. Pleadings Allowed; Form of Motions and Other Papers LRCiv FORMS OF 27. (a) Title Page..27. (b) Pleadings and Other Papers..28. (c) Electronic Documents..29. (d) Attachments to Pleadings and Memoranda..29. LRCiv MOTIONS .. 31. (a) Motions Shall be in Writing..31. (b) Memorandum by Moving Party..31. iii (c) Responsive Memorandum.

10 31. (d) Reply Memorandum..31. (e) Length of Motions, Memoranda and Objections..31. (f) Oral Arguments..32. (g) Motions for Reconsideration..32. (h) Telephone Argument and Conferences..32. (i) Briefs or Memoranda of Law; Effect of Non-Compliance..33. (j) Discovery Motions..33. (k) Motions to Compel..33. (l) Motions in Limine..33. (m) Motions to Strike..33. (n) Pending Motions Notification..34. LRCiv MOTIONS/STIPULATIONS FOR EXTENSIONS OF TIME .. 35. Disclosure Statement LRCiv CORPORATE DISCLOSURE STATEMENT .. 36. 8. General Rules of Pleading (NO local RULE) .. 37. 9. Pleading Special Matters (NO local RULE) .. 37. 10. Form of Pleadings LRCiv FORM OF PLEADINGS.