UNITED STATES DISTRICT COURT FOR THE WESTERN …

1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE LOCAL RULES Revised February10, 2022 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE LOCAL RULES - CIVIL LR SCOPE OF THE RULES LR CIVIL COVER SHEET LR ELECTRONIC CASE FILING PROCEDURES LR COMMENCEMENT OF ACTIONS DIVISION OF COURT LR SUMMONS AND SERVICE OF PROCESS LR ADOPTION OF ELECTRONIC CASE FILING ( ECF ) LR NON-ELECTRONIC FILING AND SERVICE FOR PRO SE PARTIES LR TIME LR GENERAL FORMAT OF PAPERS PRESENTED FOR FILING LR MOTIONS LR MOTION FOR REVISION OF INTERLOCUTORY ORDERS LR SIGNATURES LR MOTIONS TO DISMISS LR PRETRIAL & SCHEDULING CONFERENCE ORDERS & CONFIDENTIALITY OF ALTERNATIVE DISPUTE RESOLUTION PROCEEDINGS LR DIFFERENTIATED CASE MANAGEMENT LR PRETRIAL AND SCHEDULING CONFERENCES.

2 ALTERNATIVE DISPUTE RESOLUTION LR TRIAL MEMORANDA LOCAL RULES - CIVIL LR TRIAL CONTINUANCES LR DESIGNATION OF CLASS ACTIONS LR DISCOVERY IN CIVIL CASES LR DISMISSAL OF ACTIONS LR PROCEDURES AT HEARING AND TRIALS LR SUBPOENAS IN CIVIL ACTIONS LR JURIES LR POST-TRIAL PROPOSED FINDINGS OF FACT & CONCLUSIONS OF LAW NON-JURY CASES LR COSTS, ATTORNEY S FEES AND PAYMENT OF JUDGMENT IN CIVIL CASES LR MOTIONS FOR SUMMARY JUDGMENT LR INJUNCTIONS LR INVESTMENT OF REGISTRY FUNDS LR RULES GOVERNING DUTIES OF AND PROCEEDINGS BEFORE UNITED STATES MAGISTRATE JUDGES LR CLERK OF COURT LR REMOVAL OF COURT FILES LR COURT REPORTERS AND TRANSCRIPTS LOCAL RULES - CIVIL LR BANKRUPTCY APPEALS LR PHOTOGRAPHING, BROADCASTING.

3 AND ELECTRONIC DEVICES LR ATTORNEYS ADMISSION LR ATTORNEYS- WITHDRAWAL FROM REPRESENTATION LR CONTACTING JUDGES AND COURT PERSONNEL LR CIVIL PRO BONO PANEL FOR PRO SE INDIGENT PARTIES LR ASSIGNMENT OF CASES LR SETTLEMENTS / RESOLUTIONS NOTICE LOCAL RULES-CRIMINAL LCrR MOTIONS IN CRIMINAL CASES LCrR DISCOVERY PROCEDURES IN CRIMINAL CASES LCrR SCHEDULING CONFERENCES IN CRIMINAL MATTERS LCrR PROCEDURAL STEPS FOR SENTENCING LCrR PAYMENT OF FEES APPENDICES APPENDIX A ELECTRONIC CASE FILING (ECF) POLICIES & PROCEDURES APPENDIX B ELECTRONIC CASE FILING (ECF)

4 ATTORNEY USER MANUAL APPENDIX C GUIDELINES FOR PROFESSIONAL COURTESY & CONDUCT APPENDIX ALTERNATIVE DISPUTE RESOLUTION PLAN APPENDIX IN FORMAS PAUPERIS ALTERNATIVE DISPUTE RESOLUTION PLAN APPENDIX E LR ADMINISTRATIVE TRACK SCHEDULING ORDER APPENDIX F LR PRO SE PRISONER TRACK SCHEDULING ORDER APPENDIX G LR EXPEDITED TRACK SCHEDULING ORDER APPENDIX H LR STANDARD TRACK SCHEDULING ORDER APPENDIX I LR COMPLEX TRACK SCHEDULING ORDER Page 1 of 48 CIVIL LR SCOPE OF THE RULES (a) Title and Citation. These rules shall be known as the Local Rules of the UNITED STATES DISTRICT COURT for the WESTERN DISTRICT of Tennessee.

5 They shall be cited as LR for civil rules and LCrR for criminal rules. (b) Effective Date: Transitional Provision. These rules become effective on March 1, 2011, and shall govern all actions and proceedings pending on or commenced after they take effect, except to the extent, in the opinion of the Judge to whom the case is assigned, their application in an action or proceeding pending on that date would not be feasible or would work an injustice. (c) Scope of Rules: Construction. These rules supersede all previous rules promulgated by this COURT or any Judge of this COURT .

6 (d) Reference to Clerk. The term Clerk as used herein refers to the Clerk of the COURT , unless specifically stated otherwise. (e) Deviation from Local Rules. By order entered in any case, the COURT may deviate from any provision of any Local Rules of this COURT , when appropriate for the needs of the case and the administration of justice. LR CIVIL COVER SHEET Every complaint or other document initiating or removing a civil action or proceeding, except pro se cases, shall be accompanied by a completed civil cover sheet.

7 The civil cover sheet shall be submitted as a Form JS-44 obtained from the Clerk or from the COURT s website, In section VIII of the JS-44 form, a related case is one that: (1) relates to property involved in an earlier filed case (that is, the case assigned the lower case number), (2) arises out of the same transaction or occurrence and involves one or more of the same parties as an earlier filed case, or (3) involves the validity or infringement of a patent at issue in an earlier filed case. Cases may be related even if one case already has been dismissed or otherwise terminated or if they have parties other than the party or parties in the earlier filed case.

8 LR ELECTRONIC CASE FILING PROCEDURES The procedures for electronic filings are set forth in the Electronic Case Filing Policies and Procedures Manual, which is at APPENDIX A to these Rules. Page 2 of 48 LR COMMENCEMENT OF ACTIONS DIVISION OF COURT (a) Divisions of WESTERN DISTRICT (See 28 123). The Eastern Division of the WESTERN DISTRICT shall be comprised of the following counties: Benton, Carroll, Chester, Crockett, Decatur, Dyer, Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, Lake, McNairy, Madison, Obion, Perry and Weakley.

9 The WESTERN Division shall be comprised of the following counties: Fayette, Lauderdale, Shelby and Tipton. (b) Actions shall be commenced in the division of the DISTRICT COURT set forth in 28 123, as follows: (1) A civil action against a single defendant residing in the DISTRICT may be brought in either the division where the defendant resides, or in the division in which the claim arose or the event complained of occurred. (2) A civil action against multiple defendants may be brought in any division of the DISTRICT in which one of the defendants resides, or in the division in which the claim arose or the event complained of occurred.

10 (3) If no defendant resides in the DISTRICT , the action shall be filed in either the division in which any plaintiff resides, or the division in which the claim arose or the event complained of occurred. (4) For purposes of this rule, a corporation shall be deemed to be a resident of the division in which it has its principal place of business in the DISTRICT , if it has a place of business in the DISTRICT . (5) For purposes of this rule, the UNITED STATES , federal agencies, the State of Tennessee, and agencies of the State are deemed non-residents of the DISTRICT .