UNIFORM LOCAL RULES OF THE UNITED STATES DISTRICT COURTS FOR THE EASTERN, MIDDLE, AND WESTERN DISTRICTS OF LOUISIANA
(EFFECTIVE MAY 15, 1987, current through December 29, 2008)
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LOCAL CIVIL RULE 3 - COMMENCEMENT OF ACTION LR3.1 Collateral Proceedings and Refiled Cases LR3.1.1E & M Assignment of Collateral Proceedings and Refiled Cases If counsel fails to make the certification described in LR3.1 , then the allotted judge shall take this action when he or she learns of the related nature of the proceedings. [Amended June 28, 2002] LR3.2W Suits filed by Unrepresented Prisoners under the Civil Rights Act or Bivens or for Writs of Habeas Corpus Original Complaint Every complaint filed by a prisoner who is not represented by an attorney (i.e., who is proceeding "pro se") complaining of violation of their constitutional rights (including state prisoners and federal prisoners) or for writ of habeas corpus filed under 28 U.S.C. §2241 and 28 U.S.C. §2254 shall be typed or legibly written on forms supplied by the Court and signed by the prisoner. The prisoner shall follow the instructions provided with the forms and complete the forms using only one side of the page. After completely filling out the Court-approved form, the prisoner may attach additional pages containing additional information. In cases asserting constitutional claims, however, no more than five typewritten or ten legible handwritten pages may be attached to the form. The pages shall be written or typed on one side of the page only and shall contain numbered paragraphs which correspond to the numbered paragraphs on the form. Complaints that do not comply with this rule and which are not corrected after notice may be stricken by the court. Amendments A prisoner may file an amendment to a complaint or habeas petition only one time without first obtaining leave of court. The amendment may be stated on the forms for original complaints supplied by court if clearly labeled as an amendment. If the form is not used, the amendment shall not exceed five typewritten or ten legible handwritten pages. The pages shall be written or typed on one side of the page only and shall contain numbered paragraphs which correspond to the paragraph numbers on the original complaint form. A motion for leave to file a second or subsequent amendment must be accompanied by the proposed amendment. Separate Complaints Each pro se prisoner shall file a separate complaint or petition except where multiple prisoners are asserting the same claims arising out of the same facts. In forma Pauperis A prisoner who is unable to pay the filing fee and service costs may petition the Court on forms supplied by the Court to proceed in forma pauperis. The court, after notice, may strike all complaints that are not accompanied by either a filing fee or a proper in forma pauperis form. Consent to Magistrate Judge Jurisdiction: Election Forms The election regarding consent to magistrate judge jurisdiction required by LR73.2W shall be attached to the petition at the time it is filed. [Amended November 12, 1999 and December 3, 2004] |
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LOCAL CIVIL RULE 5 - SERVICE AND FILING LR5.1 Place of Filing LR5.1.1M Filing of Extraordinary Pleadings LR5.7E Electronic Case Files LR5.1 Place of Filing LR5.1.1E Filing of Extraordinary Pleadings LR5.1.1M Filing of Extraordinary Pleadings All pleadings of an extraordinary nature (e.g., temporary restraining orders, vessel seizures, writs of attachment, and other pleadings requiring immediate judicial action) shall be filed by an attorney signing the pleadings. The attorney filing said pleadings shall immediately contact the clerk’s office for further instructions. [Adopted November 24, 2009] LR5.2 Advance Payment Required LR5.3 Certificate of Service LR5.4 Deposit for Service LR5.5W Filings by Facsimile Transmission in Emergency In accordance with Fed.R.Civ.P. 5(e), papers may be filed, signed and verified by facsimile transmission with the prior written or oral approval of the district judge to whom the case is assigned or of the magistrate judge if the authority is delegated by the district judge assigned to the case. Permission for use of facsimile transmission shall be at the discretion of the judicial officer based upon the need expressed by the party submitting the facsimile transmission. [Amended November 12, 1999] LR5.6E & W Corporate Disclosure Any non-governmental corporate party to an action in this court shall file in duplicate a statement identifying all its parent corporations and any publicly traded company that owns 10% or more of the party's stock, unless such filing is waived by the presiding judge. A party shall file the statement as soon as practicable and in no event later than the preliminary conference or the scheduled hearing date for any dispositive motion, whichever is earlier. A party shall supplement the statement within a reasonable time of any relevant change in the information. Nothing herein is intended to require the disclosure of confidential information except in camera to the judge. [Adopted August 31, 2000 and March 13, 2001]
The court will accept for filing documents submitted, signed or verified by electronic means that comply with procedures as established by the court. [Adopted April 13, 2006]
LR 5.7.01M Filing By Electronic Means The court will accept for filing only those documents submitted and signed or verified by electronic means and only those electronic documents that comply with procedures established by the court, as authorized by Rule 5(e) of the Federal Rules of Civil Procedure. The electronic record shall be the official record of the court. Notwithstanding the foregoing, an attorney may, for good cause shown, request by written motion a temporary exemption from mandatory electronic case filing. If the exemption pertains to a specific case, the motion should be filed in that case. If the exemption pertains to all cases before the court, current and future, said motion should be filed and will be submitted to the Chief Judge.
The filing of initial papers, including the complaint and the issuance and service of the summons, shall be accomplished as set forth in the administrative procedures guide for the U.S. District Court, Middle District of Louisiana, which is authorized by General Order 2005- 06. A copy of the administrative procedures may be obtained from the clerk's office or downloaded from the court's website at www.lamd.uscourts.gov. LR 5.7.01W Filing By Electronic Means The clerk shall maintain an electronic record which will be the official record of this court. All documents filed by attorneys authorized to practice before this court on or after January 1, 2008, shall be in electronic form in accordance with the procedures established by this court. For good cause shown, an attorney may be granted an exemption from electronic filing and may file documents with the court in conventional form. All documents files with the court in conventional form shall be converted to electronic form. NOTE: Refer to the Administrative Procedures of the Court. [Adopted July 24, 2008] LR 5.7.02W Eligibility, Registration, Passwords Attorneys admitted to the bar of this court, including those admitted pro hac vice, Federal Public Defenders, and attorneys authorized to represent the United States, may register as Users of the Court's Electronic Filing System. Registration requires the User's name, address, telephone number, Internet e-mail address, and a declaration that the attorney is admitted to the bar of this Court and has received Court approved training in the use of the System. Registration as a User constitutes consent to electronic service of all documents as provided in these rules and the Federal Rules. Once registration is completed, the User will receive notification of his or her log-in and password. User agrees to protect the security of his or her password and immediately notify the clerk if he or she learns the password has been compromised. [Adopted April 21, 2005] LR 5.7.03W Consequences of Electronic Filing Notice of Electronic Filing from the Court constitutes evidence of filing for all purposes, and entry of the document on the docket kept by the Clerk. It shall be the User's responsibility to ensure all scanned documents are legible. The official record shall be the electronic record. A document filed electronically is deemed filed on the date and time stated on the Notice of Electronic Filing sent from the Court. A document filed in paper form is deemed filed by the Court on the date the document is received by the clerk's office. [Adopted April 21, 2005] LR 5.7.04W Entry of Court-Issued Documents Entry of an order or judgment electronically by the Court shall have the same force and effect as a conventional order or judgment signed by the Court. When an order is issued as an entry on the docket without an attached document, such order shall be served on the parties. A summons may be signed, sealed, and issued electronically. A summons may not be served electronically. [Adopted April 21, 2005] LR 5.7.05W Attachments and Exhibits Exhibits and attachments may be filed electronically when permissible under the Federal Rules and Local Rules. When an attachment is in support of a filing, such exhibits or attachments shall be limited to pertinent excerpts unless the Court orders otherwise. [Adopted April 21, 2005] LR 5.7.06W Sealed Documents Documents ordered to be placed under seal may be filed conventionally or electronically. If filed conventionally, a paper copy of the order must be attached to the documents under seal and delivered to the Clerk. [Adopted April 21, 2005] LR 5.7.07W Retention Requirements Documents electronically filed which require original signatures other than that of the User must be maintained in paper form by the User for 1 year from the expiration of all time periods for appeals. [Adopted April 21, 2005] LR 5.7.08W Signatures The user log-in and password required to submit documents to the Electronic Filing System shall be the UserМs signature for all purposes. Documents requiring signatures of more than one party must be electronically filed either by: (1) submitting a scanned document containing all necessary signatures; (2) indicating the consent of the parties who did not electronically file the document. Consent may be indicated by the filer by including an "s/ and the name of the consenting attorney(s)" on the document to be filed electronically (e.g. РS/John Doe,П Рs/Jane Smith,Пetc.). By using Рs/ and another attorneyМs nameП the filing attorney certifies that each of the other signatories has expressly agreed to the form and substance of the document and that the filing attorney has their actual authority to submit the document electronically. The filing attorney shall retain any records evidencing this concurrence for future production, if necessary, until 1 year from the expiration of all time periods for appeals. A non-filing signatory or party who disputes the authenticity of an electronically filed document containing multiple signatures or the authenticity of the signatures themselves must file an objection to the filing of the document within 10 days from service of the document. [Adopted April 21, 2005; Amended November 18, 2008] LR 5.7.09W Service of Documents by Electronic Means The "Notice of Electronic Filing" automatically generated by the Court's Electronic Filing System constitutes proof of service of the filed document on Users. Parties who are not Users must be served in accordance with the Federal Rules and the Local Rules. Sealed filings do not produce a "Notice of Electronic Filing." Service of any sealed document must be in accordance with the Federal Rules and the Local Rules. A certificate of service must accompany all electronic filings. The certificate of service must identify the method of service upon each party. [Adopted April 21, 2005]
LR 5.7.10M Service of Documents by Electronic Means The "Notice of Electronic Filing" automatically generated by the court's Electronic Filing System, except as provided below, constitutes service of the filed document on all parties who have consented to electronic service. Parties who have not consented to electronic service must be served with a copy of any pleading or other document filed electronically in accordance with the Federal Rules of Civil Procedure and the Local Rules. Most sealed filings do not produce a Notice of Electronic Filing, and therefore, service by the filer of any sealed document must be in accordance with the Federal Rules and the Local Rules. A certificate of service must be included with all electronic filings. The certificate of service must identify the method of service upon each party. [Adopted July 15, 2005] LR 5.7.10W Notice of Court Orders and Judgments The entry of an order or judgment into the Electronic Filing System by the Court will generate a "Notice of Electronic Filing" to all Users in that action. The "Notice of Electronic Filing" constitutes the notice required by the Federal Rules. The clerk shall give notice to non-Users in accordance with the Federal Rules. [Adopted April 21, 2005] LR 5.7.11W Technical Failures A User whose electronic filing is made impossible as the result of a technical failure in the Court's Web Site may seek appropriate relief. [Adopted April 21, 2005] LR 5.7.12W Public Access In compliance with the policy of the Judicial Conference of the United States, and the E-Government Act of 2002, and in order to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all pleadings filed with the court, including exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the Court. a. Social Security numbers. If an individual's Social Security number must be included in a pleading, only the last four digits of that number should be used. b. Names of minor children. If the involvement of a minor child must be mentioned, only the initials of that child should be used. c. Dates of birth. If an individual's date of birth must be included in a pleading, only the year should be used. d. Financial account numbers. If financial account numbers are relevant, only the last four digits of these numbers should be used. e. Home Addresses. If home addresses are relevant, only the city and state should be used. In compliance with the E-Government Act of 2002, a party wishing to file a document containing the personal data identifiers listed above may a. file an unredacted version of the document under seal, or b. file a reference list under seal. The reference list shall contain the complete personal data identifier(s) and the redacted identifier(s) used in its (their) place in the filing. All references in the case to the redacted identifiers included in the reference list will be construed to refer to the corresponding complete personal data identifiers. The reference list must be under seal, and may be amended as of right. The unredacted version of the filing or the reference list shall be retained by the Court. The Court may require the party to file a redacted copy for the public record. The responsibility for redacting personal identifiers rests solely with counsel and the parties. The Clerk will not review filing for compliance with this rule. [Adopted April 21, 2005] LR 5.7.13W Hyperlinks Material accessed by hyperlink will not be a part of the record. Hyperlinks are simply convenient mechanisms for accessing material cited in a filing. NOTE: See the Court's Administrative Procedures for further information on hyperlinks. [Adopted April 21, 2005] |
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LOCAL CIVIL RULE 7 - PLEADINGS ALLOWED; FORM OF MOTIONS LR7.1E & M Submission of Motions LR7.1E & M Submission of Motions A party filing a motion or response shall transmit a copy of the motion or response, including attachments and exhibits, to the chambers of the judge assigned to rule on the motion. [Amended September 27, 2000] LR7.2E Setting Motions for Hearing LR7.3E Submission of Ex Parte or Consent Motions LR7.3M Submission of Ex Parte or Consent Motions An application for an order allowed by these rules to be submitted ex parte or by consent shall be accompanied by a proposed order on a separately captioned page. Except as otherwise ordered in an individual case, every such application shall be submitted to the judges through the clerk. [Adopted June 28, 2002] LR7.4 Motions Must Be Accompanied by Memorandum LR7.4.1M Motions Not Requiring Memorandum LR7.4.1W Motions Not Requiring Memorandum Prior to filing any motion under this section, with the exception of #10, the moving party shall attempt to obtain consent for the filing and granting of such motion from all parties having an interest to oppose, and a certificate of this attempt shall be included in the motion. If the court finds that opposing counsel does not have a good faith reason for failing to so consent, the court may impose such sanctions as it deems proper. A proposed order shall accompany each motion filed under this paragraph. LR7.5E Response and Memorandum A copy of the memorandum will be delivered to opposing counsel in the same fashion in which delivery to the judge is made. If the motion requires the consideration of facts not appearing of record, counsel shall also serve, and shall submit with each copy of his/her opposition, copies of all documentary evidence that he/she intends to submit in opposition to the motion. No supplemental opposition memoranda may be filed except with leave of court first obtained. LR7.5M Response and Memorandum LR7.5W Response and Memorandum LR7.6E Motions to Intervene, to Amend Pleadings and to File Third-Party Complaints LR7.6W Motions to Intervene, to Amend Pleadings and to File Third-Party Complaints LR7.7W Motions for Joinder in Actions Removed From State Court LR7.8E Briefs LR7.8.1E Length of Memoranda and Briefs All text in trial briefs and memoranda supporting or opposing motions shall be double-spaced except for quotations and footnotes. Standard typeface shall be used. The court may refuse to consider text presented in less than standard typeface, such as small or fine typeface. LR7.8M Memoranda LR7.8W Briefs LR7.9E& M Extension of Time to Plead LR7.9W Motion for Continuance or for Extension of Time |
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LOCAL CIVIL RULE 9 - PLEADING SPECIAL MATTERS LR9.1 Three Judge Cases LR9.1 Three Judge Cases LR9.2E&W Social Security Cases In the Eastern District, complaints submitted for filing shall be on forms furnished by the clerk or substantially in conformity therewith. LR9.2M Social Security Cases Complaints filed in civil cases pursuant to Section 205(g) of the Social Security Act, 42 USC
405(g), for benefits under Titles II, XVI and XVIII of the Social Security Act be submitted for
filing on forms furnished by the clerk or substantially in conformity therewith. [Amended June
26, 2004] |
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LOCAL CIVIL RULE 10 - FORM OF PLEADINGS LR10.1E Form: Statement Regarding Filing of Papers LR10.1E Form: Statement Regarding Filing of Papers On the first page of each document, the left and right margins will be one inch from the edge of the page, the top margin will be two and one-half inches, and the bottom margin will be one and one-half inches. On subsequent pages, all margins will be no less than one inch. No print or writing, except the page numbers, shall appear in the margins, and page numbers shall not be less than one-half inch from the bottom of the page. In addition to the requirements of FRCvP 10(a), the caption shall also indicate the Division and Section (as applicable and after allotment), and the judge and the magistrate judge to whom the case is assigned. A completed and executed Civil Cover Sheet form shall accompany the initial pleading of each civil case to be filed, except that such requirement shall not apply to persons in the custody of civil, state or federal institutions or to persons filing cases pro se. [Amended July 17, 2000] LR10.1M Form: Statement Regarding Filing of Papers In addition to the requirements of FRCvP 10(a), after allotment the caption shall also indicate the initials of the judge and the magistrate judge to whom the case is assigned. (e.g., 00-204-FJP-SCR). [Amended July 15, 2005] A completed and executed Civil Cover Sheet form shall accompany the initial pleading of each civil case to be filed, except that such requirement shall not apply to persons in the custody of civil, state or federal institutions or to persons filing cases pro se. All memoranda shall comply with LR7.8M. [Amended December 29, 2008] LR10.1W Form: Statement Regarding Filing of Papers In addition to the requirements of FRCvP 10(a), the caption shall also indicate the Division and Section (as applicable and after allotment), and the district judge and the magistrate judge to whom the case is assigned. A completed and executed Civil Cover Sheet form shall accompany the initial pleading of each civil case to be filed, except that such requirement shall not apply to persons in the custody of civil, state or federal institutions or to persons filing cases pro se. LR10.2E Consolidated Cases The caption of the lowest numbered case will serve as the identifying caption during the pendency of the consolidation and will continue to be used even if that particular case is closed. In the event that a case is separated from the consolidation, the attorneys of record shall be responsible to jointly designate the documents in the master record deemed necessary to the continued litigation of the separated case and to file such designation and copies of the documents with the clerk within five days of the deconsolidation order. LR10.2M & W Consolidated Cases The caption of the lowest numbered case will serve as the identifying caption during the pendency of the consolidation and will continue to be used even if that particular case is closed. LR10.3 Constitutional Questions |
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LOCAL CIVIL RULE 11 - SIGNING OF
PLEADINGS, MOTIONS, LR11.1E Signing of Pleadings,
Motions and Other Papers LR11.1E Signing of
Pleadings, Motions and Other Papers Documents filed by a party not represented by counsel shall be signed by the party. The party's name, post office and street addresses and telephone number shall be typed or clearly printed. Each attorney and pro se litigant has a continuing obligation to apprise the court of any address change. LR11.1M Signing of
Pleadings, Motions and Other Papers Documents filed by a party not represented by counsel shall be signed by the party and shall include name, address and telephone number. Each attorney and pro se litigant has a continuing obligation to apprise the court of any address change. [Amended June 28, 2002] LR11.1W Signing of
Pleadings, Motions and Other Papers Documents filed by a party not represented by counsel shall be signed by the party and shall include name, address and telephone number. Each attorney and pro se litigant has a continuing obligation to apprise the court of any address change. B. In any
action, civil or criminal, by presenting to the court (whether by signing, filing,
submitting, or advocating) a pleading, oral or written motion, or other paper, an attorney
or unrepresented party is certifying to the best of that person's knowledge, information
and belief, formed after an inquiry reasonable under the circumstances (1) it is not
being presented for any improper purpose, such as to harass or to cause unnecessary delay
or needless increase in the cost of litigation; (2) the claims,
defenses, and other legal contentions therein are warranted by existing law or by a
nonfrivolous argument for the extension, modification or reversal of existing law or the
establishment of new law; Sanctions may be imposed for violations of this rule in accordance with the procedures and provisions of Federal Rule of Civil Procedure 11(c). [Amended December 11, 2001] LR11.2 Trial Attorney The designated trial attorney will be responsible for the case and all notices and other communications with respect to it will be directed to the designated trial attorney, or to local counsel in the event a visiting attorney is designated as trial attorney. The designation of the trial attorney may be changed at any time by ex parte motion. If a party desires to change the trial attorney, the new trial attorney will be promptly designated. LR11.3 Announcement of
Representation |
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LOCAL CIVIL RULE 16 - PRETRIAL LR16.1E & M Scheduling Orders LR16.1E & M Scheduling Orders (c) The magistrate judges of this court are authorized to enter and/or modify scheduling orders in matters referred to them or when directed by a district judge. LR16.2E Call of the Docket LR16.3E Responsibility for Settlement Discussions LR16.3.1E&M Alternative Dispute Resolution If the presiding judicial officer determines at any time that the case will benefit from alternative dispute resolution, the judicial officer shall: (a) have discretion to refer the case to private mediation, if the parties consent, even if such mediation efforts upset previously set trial or other dates; (b) have discretion to order nonbinding mini-trial or nonbinding summary jury trial before a judicial officer with the parties' consent; or (c) employ other dispute resolution programs which may be designated for use in this District. (d) All alternative dispute resolution proceedings shall be confidential. [Amended June 2, 1999, Adopted by Middle District 11/24/2009] LR16.4 Notice of Settlement to Clerk LR16.5E Captious Settlement Tactics LR16.6E Reasonable Settlement Discussions LR16.7 Cases to Be Tried on Date Assigned - Exceptions LR16.8E & W Absence of Material Witness LR16.8M Absence of Material Witness LR16.9E Retaining Position on Trial Calendar LR16.9W Retaining Position on Trial Calendar |
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LOCAL CIVIL RULE 23 - CLASS ACTIONS In any case sought to be maintained as a class action: A. The complaint shall bear next to its caption the designation, "Complaint-Class Action"; 1. Refer to the portions of FRCvP 23 under which it is claimed that the suit is properly maintainable as a class action; 2. Make allegations thought to justify the maintenance of the claim as a class action, including, but not necessarily limited to: a. the size (or approximate size) and definition of the alleged class, (i) to be an adequate representative of the class, or 3. The alleged questions of law or fact claimed to be common to the class; and 4. In actions claimed to be maintainable as class actions under FRCvP 23(b)(3), allegations thought to support the findings required by that subdivision. B. Within 91 days after the filing of a complaint in a class action, unless this period is extended on motion for good cause appearing, the plaintiff shall move for a certification under FRCvP 23(c)(1), as to whether the case is to be maintained as a class action. [Amended December 1, 2009] C. The foregoing provisions shall apply, with appropriate adaptations, to any counterclaim or cross claim alleged to be brought for or against a class. D. 1. Whenever a party or counsel desires to prohibit another party or counsel from communicating concerning such action with any potential or actual class member not a formal party to the action, he or she shall apply in writing to the court for such an order. In such application, the parties must set forth with particularity the abuses they fear will result from such communication, along with the form of remedy they believe would be appropriate to prevent frustration of the policies of Rule 23 . 2. The court will not enter an order prohibiting communication with members of the class in the absence of a clear record (and when necessary, an evidentiary hearing) reflecting: a. specific findings regarding the abuse the court seeks to prevent; b. the need for such an order, weighing the abuse sought to be corrected and the effect it will have on the right of a party to proceed pursuant to Rule 23 without interference. 3. Any attorney who communicates with the class shall preserve and retain in his or her files, until the final conclusion of the action, a copy of all communications which he or she has sent to any members of the class or potential class. |
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LOCAL CIVIL RULE 26 - GENERAL
PROVISIONS LR26.1W Civil Actions Subject to the
December 1, 1993 Discovery Amendments LR26.1W Civil Actions
Subject to the December 1, 2000 Discovery Amendments LR26.3E Disclosure Under FRCvP 26(a) The scope and timing of disclosures under FRCvP 26(a)(2) and FRCvP(a)(3) shall be as directed by the court in the order issued after the preliminary conference held pursuant to Article One (1) of the Civil Justice Expense and Delay Reduction Plan of this court. [Adopted March 23, 2001] LR26.3M Disclosure Under FRCvP 26(a) [Repealed June 28, 2002] LR26.3W Initial Disclosure
Under FRCvP
26(a)(1) [Repealed December 11, 2001] A. Except as otherwise ordered in a particular case, the conference between the parties required by FRCvP 26(f) shall be held no later than seven working days before the scheduled preliminary conference. B. Except as otherwise ordered in a particular case or as indicated hereinafter, the parties are excused from submitting a written report outlining the proposed discovery plan and shall report orally on their proposed discovery plan at the Rule 16(b) conference. An oral report on the proposed discovery plan is not authorized when, during the Rule 26(f) conference, a party objects that the initial disclosures required by Rule 26(a)(1) are not appropriate in the circumstances of the action. In such a case, no later than three working days prior to the scheduled preliminary conference, the parties must file a written report outlining the proposed discovery plan, including the nature of the objection(s) to the initial disclosure and statements by the parties detailing their positions on the objection(s) to the initial disclosure. [Adopted March 23, 2001] LR26.4M Meeting of Parties
Under FRCvP 26(f) 1. The
requirements for a meeting of the parties does not apply in cases exempted from the
requirements of a scheduling order under LR16.1E & M and in
cases filed in, removed to or transferred to this court before December 1, 1993. LR26.4W Exemptions From the
Requirements of FRCvP
26(d) and (f)
[Repealed December 11, 2001] LR26.5M Non-Filing of Disclosure,
Discovery Requests and Responses: Retention by Requesting Party [Repealed
June 28, 2002] LR26.5.1E Filing of
Disclosure or Discovery Materials [Repealed March 23, 2001] LR26.5.2E Construction of
the Rule [Repealed March 23, 2001] LR26.6E Disputed Disclosure and Discovery Materials to Be Filed With Request for Relief [Repealed March 23, 2001] LR26.6M Disputed Disclosure and
Discovery Materials to Be Filed With Request for Relief [Repealed June
28, 2002] LR26.6W Disputed Discovery
Materials to Be Filed With Request for Relief LR26.7E Pretrial Filing of Disclosure and Discovery Materials to Be Used at Trial [Repealed March 23, 2001] LR26.7M & W Pretrial
Filing of Disclosure and Discovery Materials to Be Used at Trial LR26.8E Filing of Disclosure or Discovery Materials for Appeal Purposes [Repealed March 23, 2001] LR26.8M & W Filing of Disclosure or Discovery Materials for Appeal Purposes When documentation of disclosure or discovery not previously in the record is needed for appeal purposes, upon an application and order of the court or by stipulation of counsel, the necessary disclosure or discovery papers shall be filed with the clerk. |
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LOCAL CIVIL RULE 33 - INTERROGATORIES TO PARTIES LR33.1E Number of Interrogatories LR33.1E Number of Interrogatories Any party desiring to serve more than the 25 interrogatories permitted by FRCvP 33(a) shall file a written motion setting forth the proposed additional interrogatories and the reasons establishing good cause for their use. Leave to serve additional interrogatories shall be granted to the extent consistent with the principles of FRCvP 26(b)(2). [Adopted March 23, 2001] LR33.1M Number of Interrogatories [Repealed June 28, 2002] LR33.1W Number of
Interrogatories LR33.2 Objections to
Interrogatories |
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LOCAL CIVIL RULE 36 - REQUESTS FOR ADMISSION LR36.1 Objections to Requests
for Admission
LR36.1 Objections to
Requests for Admission LR36.2M Number of Requests for Admission No party shall serve on any other party more than 25 requests for admission in the aggregate without leave of court. Each sub-part of a request for admission shall count as an additional request for admission. Any party desiring to serve additional requests for admission shall file a written motion setting forth the proposed additional requests for admission and the reasons establishing good cause for their use. [Adopted June 28, 2002] |
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LOCAL CIVIL RULE 37 - FAILURE TO
MAKE LR37.1E Discovery Motions LR37.1E Discovery
Motions LR37.1M Discovery Motions [Repealed June 28, 2002] LR37.1W Discovery
Motions |
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LOCAL CIVIL RULE 38 - JURY TRIAL OF RIGHT LR38.1 Designation of
Jury Demand |
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LOCAL CIVIL RULE 41 - DISMISSAL OF ACTIONS LR41.1 Dismissals Except as provided in FRCvP 41(a)(1), if an attorney proposes to dismiss a suit with the intention of refiling it he or she must bring this to the attention of the judge of the division and section (as applicable) to which the suit has been allotted. [Amended May 18, 2004, June 26, 2004] LR41.1W Dismissals LR41.2E Conditional Dismissals LR41.2M Conditional Dismissals [Repealed June 28, 2002] LR41.3E Dismissal for Failure to Prosecute When a suit in rem against a vessel has been filed, if service of process is not effected within one year from the date suit is filed, the clerk shall give notice to counsel that the suit is subject to dismissal and thereafter the suit shall be dismissed without prejudice for failure to prosecute unless the plaintiff shows: A. By affidavit, diligence and continuing efforts to effect service; and LR41.3.1E Dismissal for Failure to Provide Notification of Change of Address LR41.3M Dismissal for Failure to Prosecute A. Where no service of process has been made within 120 days after filing of the complaint; Dismissal under this Rule shall be without prejudice. The Order of Dismissal shall allow for reinstatement of the action within 30 days for good cause shown. The failure of an attorney or pro se litigant to keep the court apprised of an address change may be considered cause for dismissal for failure to prosecute when a notice is returned to a party or the court for the reason of an incorrect address and no correction is made to the address for a period of 30 days. [Amended June 28, 2002, November 24, 2009] LR41.3W Dismissal for Failure to Prosecute A. Where no service of process has been made within 120 days after filing of the complaint; Prior to issuance of a dismissal, notice shall be sent to the plaintiff, and plaintiff shall be allowed 10 calendar days from mailing of the notice within which to file evidence of good cause for plaintiff's failure to act. If no response is received within the allotted time, the clerk may dismiss the civil action. If a timely response is filed, a district judge or magistrate judge may order additional time within which to take action, dismiss the civil action without prejudice or make any other appropriate order. Dismissal under this rule shall be without prejudice unless delay has resulted in prejudice to an opposing party. The Order of Dismissal shall allow for reinstatement of the civil action within 30 days for good cause shown. The failure of an attorney or pro se litigant to keep the court apprised of an address change may be considered cause for dismissal for failure to prosecute when a notice is returned to the court for the reason of an incorrect address and no correction is made to the address for a period of 30 days. [Amended December 11, 2001] |
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LOCAL CIVIL RULE 43 - TAKING OF TESTIMONY LR43.1 Oral Testimony on Hearing of Motion LR43.1 Oral Testimony on Hearing of Motion LR43.2 One Counsel to Examine Witness and Present Objections |
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LOCAL CIVIL RULE 45 - SUBPOENA LR45.1 Witness Fees and Mileage LR45.1 Witness Fees and
Mileage LR45.2 Notification of
Witnesses LR45.3E & W Subpoena
Duces Tecum to Hospitals B. The records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following: 1. That the
affiant is the duly authorized custodian of the records and has authority to certify the
records. C. If the hospital or facility has none of the records described, or only part thereof, the custodian shall so state in the affidavit, and deliver the affidavit and such records as are available in the manner provided in Subsection A. LR45.3M Subpoena Duces Tecum to Hospitals A. When a subpoena duces tecum is served upon the custodian of records or other qualified witness from a hospital or other health care facility in an action in which the hospital or facility is not a party and such subpoena requires the production for trial of all or any part of the records of the hospital or facility relating to the care and treatment of a patient in such hospital or facility, it shall be sufficient compliance therewith if the custodian or other officer of the hospital or facility delivers by registered mail or by hand a true and correct copy of all records described in such subpoena to the clerk of court or other tribunal, or if there is no clerk, then the court or other tribunal, together with the affidavit described in Subsection B. Production of the record shall occur prior to the time fixed for the trial, but no earlier than two working days before the trial date unless otherwise directed in the pretrial order. This section is limited to procedures for complying with a subpoena duces tecum for purposes of trial and shall not affect the rights of parties to production of documents pursuant to laws governing discovery or other laws pertaining thereto, including Rule 902 (11) of the Federal Rules of Evidence. B. The records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following: 1. That the affiant is the duly authorized custodian of the records and has authority to certify the records. 2. That the copy is a true copy of all records described in the subpoena. 3. That the records were prepared by the personnel of the hospital or facility, staff physicians, or persons acting under the control of either in the ordinary course of the business of the hospital or facility at or near the time of the act, condition, or event. C. If the hospital or facility has none of the records described, or only part thereof, the custodian shall so state in the affidavit, and deliver the affidavit and such records as are available in the manner provided in Subsection A. [Amended June 28, 2002] |
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LOCAL CIVIL RULE 47 - JURORS LR47.1E & W Grand and Petit
Juries LR47.1E & W Grand and
Petit Juries LR47.2 Voir Dire Examination LR47.3 Argument of Law to
Jury Prohibited LR47.4 Contacting Prospective
Jurors LR47.5E Interviewing Jurors B. No person may make repeated requests for interviews or questions after a juror has expressed a desire not to be interviewed; C. Under no circumstances except by leave of court granted upon good cause shown shall any attorney or party to an action or anyone acting on their behalf examine or interview any juror. No juror who may consent to be interviewed shall disclose any information with respect to the following: 1. The specific vote of any juror other than the juror being interviewed; 2. The deliberation of the jury; or 3. For the purposes of obtaining evidence of improprieties in the jury's deliberations. [Adopted March 26, 2001] LR47.5M &
W Interviewing Jurors
1. The specific vote of
any juror other than the juror being interviewed; D. No party or their attorney shall, personally or through another person, contact, interview, examine or question any juror or alternate or any relative, friend or associate thereof, except on leave of court granted upon good cause shown. |
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LOCAL CIVIL RULE 48 - NUMBER OF LR48.1 Jury Cases |
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LOCAL CIVIL RULE 51 - INSTRUCTIONS TO JURY; OBJECTION LR51.1W Jury
Instructions |
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LOCAL CIVIL RULE 54 - JUDGMENTS; COSTS LR54.1 Costs LR54.3M&W Memorandum of Costs LR54.1 Costs LR54.2 Award of Attorney's Fees Any judge of the court may, for good cause shown, relieve counsel of the obligation of filing such a report with the court. LR54.3E Memorandum of Costs Within 35 days after receiving notice of entry of judgment, unless otherwise ordered by the court, the party in whose favor judgment is rendered and who claims and is allowed costs, shall serve on the attorney for the adverse party and file with the clerk a notice of application to have the costs taxed, together with a memorandum signed by the attorney of record stating that the items are correct and that the costs have been necessarily incurred. [Amended 12/1/2009] LR54.3M&W Memorandum of Costs LR54.3.1E Hearings LR54.4M & W Objections LR54.5 Review of Taxation of Costs LR54.6 Security for Costs LR54.7E Settlement Judgments LR54.8E Concurrence in Settlement Judgments LR54.9E Satisfaction of Settlement Judgment LR54.10 Payment and Application for Order of Satisfaction of Judgment LR54.11 Filing Acknowledgment of Satisfaction Notice in Docket LR54.12 Seaman and Pauper Cases |
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LOCAL CIVIL RULE 55 - DEFAULT LR55.1M & W Default
Judgment A. All requests
for entry of default shall be made to the clerk in writing; |
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LOCAL CIVIL RULE 56 - SUMMARY JUDGMENT LR56.1 Motions for Summary
Judgment LR56.2 Opposition
to Summary Judgment |
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LOCAL CIVIL RULE 58 - ENTRY OF JUDGMENT LR58.1 Judgments/Orders LR58.2 Clerk May Require
Draft of Judgment to Be Furnished LR58.3 Seaman Settlements B. As to those
cases which constitute legitimate and bona fide cases at the time of filing and in which
parties have agreed to a compromise at some stage prior to trial and the court, if
requested, but only if requested, will consider the matter upon filing with the
court a joint motion for approval of the compromise. 1. Statements of
the facts claimed by the respective parties; Thereafter, the court, in the event that it approves the compromise, will enter an order in substantially the following form: "ORDER
The court will not make any determination whatsoever as to status. C. In the event a case is compromised during the trial, the judge will, if requested, follow a similar procedure in approving the compromise with variations to adjust to the particular factual situation. In particular, the court in such instances may not need a statement of the facts as it might have become familiar with them during the course of trial. In addition, the proposed order approving the compromise might be redrafted to fit the particular factual situation and could include provisions for entering a judgment on the compromise and for making it executory on a particular date, and with interest and costs. D. Although the court's intervention is not necessary in order for parties to effect a compromise and settlement of their claim, if it is their desire to obtain this court's approval of such, they must follow the above procedure. E. In the event that the matter is compromised after a bona fide complaint has been filed, pursuant to an out-of-court interview with the plaintiff, a copy of the transcript of such proceedings shall be filed in the record. |
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LOCAL CIVIL RULE 62 - STAY OF LR62.1 Petitions to Stay Execution
of State Court Judgments LR62.1 Petitions to Stay
Execution of State Court Judgments B. If any issue is raised that was not raised, or has not been fully exhausted, in state court, the petition shall state the reasons why such action has not been taken. C. This court's opinion in any such action shall separately state each issue raised by the petition and rule expressly on each issue stating the reasons for each ruling made. D. If the same petitioner has previously filed in this court an application to stay enforcement of a state court judgment or for habeas corpus relief, the case shall be allotted to the judge who considered the prior matter. LR62.2 Supersedeas
Bond |
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LOCAL CIVIL RULE 65.1 -
SECURITY; LR65.1.1 Qualifications of Sureties LR65.1.1 Qualifications
of Sureties Only by stipulation of the parties or by order of the court may some other form of surety be permitted. LR65.1.2 Court Officers
Not to Be Sureties |
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LOCAL CIVIL RULE 67 - DEPOSIT IN COURT LR67.1E Receipt and Deposit of Registry Funds LR67.1E Receipt and Deposit of Registry Funds If the principal sum deposited is not less than $10,000.00, a judge of this court may, upon motion of an interested party, instruct the clerk to withdraw all or a portion of the fund deposited and to reinvest the same in some form of interest-bearing account for a higher return of interest. LR67.1M Receipt and Deposit of Registry Funds LR67.1W Receipt and Deposit of Registry Funds LR67.2E & W Form of Order All proposed orders pertaining to the investment of registry funds must be first presented to the clerk to assure that the proposed order complies with the U.S. Treasury Regulations governing deposit of registry funds. No such order shall be presented to a judge of this court without the clerk's certificate of compliance. In the Western District of Louisiana the clerk's certificate of compliance may be issued by the clerk, chief deputy, financial administrator, or the deputy-in-charge of a divisional office, after consultation with the financial administrator. All orders signed by a judge directing that registry funds be invested other than in the court's savings account must be delivered by counsel to the clerk of court personally or the chief deputy, or in the absence of both, to the administrative manager, deputy-in-charge of a divisional office, or financial administrator. Delivery to another deputy is not sufficient. Failure to effect such personal delivery shall relieve the clerk of any personal liability relative to compliance with the order. It shall further be the responsibility of the moving party to verify that the provisions of the order are accurate and have been carried out. Unless otherwise specifically provided by order of a judge of this court, the ultimate beneficiary or beneficiaries of any appreciation resulting from investing in interest-bearing accounts shall be that person or those persons ultimately found to be entitled to receive the principal thereof. LR67.2M Form of Order Unless otherwise specifically provided by order of the court, any interest earned on registry accounts will accrue to the person or persons ultimately found to be entitled to receive the original principal amount deposited in the court's registry. LR67.3E&M Disbursement of Registry Funds In the Eastern District, a motion for disbursement of registry funds shall be submitted to the financial deputy clerk for certification of the principal amount of the fund held in the registry in a particular case, before the motion is presented to the judge. A motion for disbursement of registry funds shall set forth the principal sum initially deposited, the amount of principal funds to be disbursed, to whom the disbursement is to be made, complete mailing instructions and specific instructions regarding distribution of accrued interest. Each motion shall be accompanied by a proposed order which shall contain substantially the following language: "The clerk is authorized and directed to draw a check (or checks) on the funds on deposit in the registry of this court in the principal amount of $__________ plus all interest earned less the assessment fee for the administration of funds, (or state other instruction regarding interest), payable to (Name and address of payee), and mail or deliver the check (or checks) to (payee or attorney) at (full address with zip code)." If more than one check is to be issued on a single order, the portion of principal due each payee must be stated separately. Counsel must also provide the Social Security number or Tax I.D. number for each payee and complete mailing or delivery instructions for each payee. On all checks drawn by the clerk on registry funds, the name of the payee shall be written as that name appears in the court's order providing for disbursement. The clerk will issue disbursements as soon after receipt of the order for disbursement as the business of the clerk's office allows, except when it is necessary to allow time for a check or draft to clear or when otherwise directed by the court. In the Eastern District, it shall be the responsibility of the moving party to verify that the funds have been paid within a reasonable time. LR67.3W Disbursement of Registry Funds Funds shall be disbursed from the registry of the court only upon order of a judge of this court. It shall be the responsibility of counsel filing a motion for disbursement to satisfy the court of the recipient's entitlement to the funds sought to be disbursed. In the Western District, a motion for disbursement of registry funds shall be submitted to the financial deputy clerk for certification of the principal amount of the fund held in the registry in a particular case, before the motion is presented to the judge. A motion for disbursement of registry funds shall set forth the principal sum initially deposited, the amount of principal funds to be disbursed, to whom the disbursement is to be made, complete mailing instructions and specific instructions regarding distribution of accrued interest. Each motion shall be accompanied by a proposed order which shall contain substantially the following language: "The clerk is authorized and directed to draw a check (or checks) on the funds on deposit in the registry of this court in the principal amount of $__________ plus all interest earned less the assessment fee for the administration of funds, (or state other instruction regarding interest), payable to (Name and address of payee), and mail or deliver the check (or checks) to (payee or attorney) at (full address with zip code)." If more than one check is to be issued on a single order, the portion of principal due each payee must be stated separately. Counsel must also provide the Social Security number or Tax I.D. number for each payee and complete mailing or delivery instructions for each payee. However, due to privacy issues, the Social Security number or Tax I.D. number should not be put in the “Order For Disbursement.” Such numbers should be put in a separate letter addressed to the Clerk’s Office. On all checks drawn by the clerk on registry funds, the name of the payee shall be written as that name appears in the court's order providing for disbursement. The clerk will issue disbursements as soon after receipt of the order for disbursement as the business of the clerk's office allows, except when it is necessary to allow time for a check or draft to clear or when otherwise directed by the court. In the Western District, it shall be the responsibility of the moving party to verify that the funds have been paid within a reasonable time. |
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LOCAL CIVIL RULE 72 - MAGISTRATE JUDGES; PRETRIAL ORDERS LR72.1E Automatic Referral of
Pre-trial Proceedings in Civil Matters LR72.1E Automatic
Referral of Pre-trial Proceedings in Civil Matters B. The following pre-trial and post-trial matters shall also be automatically referred to the magistrate judge: 1. Determination
of pauper status pursuant to 28
USC 1915; LR72.1M & W Referral
of Pre-trial Proceedings in Civil Matters |
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LOCAL CIVIL RULE 73 - MAGISTRATE JUDGES; LR73.1E Jurisdiction
LR73.2.1W Consent and Referral to Magistrate Judge in Prisoner, Detainee and
Habeas Cases LR73.1E Jurisdiction B. Each U.S. Magistrate Judge is specifically designated to try persons accused of and sentence persons convicted of misdemeanors as defined in 18 USC 3401, when such matter is assigned to them by a judge in this district or by these rules. LR73.1M & W Jurisdiction B. Nothing in these rules shall preclude the court, or a judge of this court, from conducting any proceeding itself rather than by a magistrate judge. LR73.2E Automatic Referral of Cases A. Applications for post-trial relief, except in capital cases, made by individuals convicted of
criminal offenses, of prisoner petitions challenging the conditions of confinement, and of
prisoner cases brought pursuant to 42 USC 1983; LR73.2M Referral of Cases LR73.2W Referral of Cases LR73.2.1W Consent and Referral to Magistrate Judge in Prisoner, Detainee and Habeas Cases The special procedures set forth hereinafter apply to: (1) applications made pursuant to 28 U.S.C. § 2254 for post-trial relief by an individual convicted of state criminal offenses; (2) prisoner and detainee cases brought pursuant to 42 U.S.C. § 1983; (3) prisoner and detainee cases brought pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 91 S. Ct. 1999 (1971); (4) applications for relief under 28 U.S.C. § 2241; and (5) claims by a prisoner or a detainee brought pursuant to the Federal Tort Claims Act, 28 U.S.C. 2671, et. seq. In any case where LR3.2W requires that a complaint or petition be filed on a court approved form each petitioner shall, at the time the petition or complaint is filed, indicate on the appropriate page of the form whether or not petitioner consents to the exercise by a magistrate judge of civil jurisdiction over the case, as authorized by 28 U.S.C. § 636(c). The election shall be filed with the petition or complaint. In all other cases governed by this rule the Clerk shall, immediately upon the filing of the petition or complaint, provide each petitioner with a court approved form notifying each petitioner of their opportunity to consent to the exercise of civil jurisdiction pursuant to 28 U.S.C. § 636(c). In a case not governed by LR3.2W the petitioner must make an election and return the form to the Clerk within 15 days of the Clerk's depositing of the form in the U. S. mail. Any petitioner is free to elect to not consent to the exercise of jurisdiction by the magistrate judge without adverse substantive consequences. However, each petitioner must make a timely election. If a petitioner fails to make an election and deliver it to the Clerk in a timely manner, that petitioner will be considered as having consented in fact to the magistrate's exercise of case-dispositive jurisdiction. Upon the initial appearance by a defendant the Clerk shall provide that defendant with a court approved form notifying each defendant of their opportunity to consent to the exercise of civil jurisdiction pursuant to 28 U.S.C. § 636(c), and requiring the defendant to elect whether or not the defendant consents to the exercise by a magistrate judge of such jurisdiction. The defendant is free to elect to not consent to the exercise of such jurisdiction by the magistrate judge without adverse substantive consequences. However, the defendant must make the election and deliver it to the Clerk within 15 days of the Clerk's depositing of the form in the U.S. mail. If a defendant fails to make an election and return it to the Clerk in a timely manner, that defendant will be considered as having consented in fact to the magistrate's exercise of case-dispositive jurisdiction. A district judge or magistrate judge shall not be informed of a party's election unless all parties have consented, either in writing or in fact, to the referral of the matter to the magistrate judge. If all parties have consented to a magistrate judge's exercise of jurisdiction pursuant to 28 U.S.C. § 636(c), either in writing or in fact, the district judge to whom the case has been assigned may refer the case to the magistrate judges for the exercise of such jurisdiction. Subsequent to the order of reference any party that has not consented in writing may, prior to making a post-referral appearance, file a written objection to the referral, and, in that case the district judge will vacate the order of reference. However, any party that makes an appearance subsequent to the order of reference without written objection to the reference shall be conclusively presumed to have consented to the magistrate judge's exercise of jurisdiction pursuant to 28 U.S.C. § 636(c). Unless and until all parties who have not expressly consented to the magistrate judge's exercise of jurisdiction have made such a post-reference appearance conclusively establishing their implied consent to the magistrate judge's exercise of jurisdiction, the magistrate judge shall not exercise jurisdiction of powers under 28 U.S.C. § 636(c). [Adopted May 13, 2005] LR73.3E Referral of Other Cases LR73.3M & W Cases Referred for Trial Under 28 USC 636(c) LR73.4E Additional Duties A. Administer oaths and affirmations and take acknowledgments, affidavits and depositions; LR73.4M & W Other Duties A. Conduct pre-trial conferences, settlement conferences, omnibus hearings, and related
pre-trial proceedings in civil and criminal cases; LR73.5E Assignment of Matters to the Magistrate Judge |
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LOCAL CIVIL RULE 74 - METHOD OF APPEAL LR74.1E Review of Magistrate Judges' Orders LR74.1E Review of Magistrate Judges' Orders The moving party shall file the original and one copy of his/her motion or objection along with a memorandum of law in support thereof, and shall notice it for hearing in the manner provided in these rules for motions requiring a hearing. To expedite the preparation of written findings from the magistrate judge, the motion or objection shall contain a certificate verifying that a copy of the motion or objection has also been served upon the judge and magistrate judge at the time of filing. LR74.1M Review and Appeal B. Reports and Recommendations. A party may object to a magistrate judge's proposed findings, recommendations or report by filing with the clerk within 14 days of receipt of a copy thereof, a written objection which specifically identifies the portion or portions of the proposed findings, recommendations or report to which objection is made, the basis for such objection and a written memorandum in support thereof. The magistrate judge or district judge may modify the time period allowed for the filing of such objections. Any party may respond to another party's objections within 14 days after being served with a copy thereof. A district judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject or modify in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions. [Amended November 24, 2009] A. Appeal of Non-dispositive Matters. A party may appeal from a magistrate judge's order by filing with the clerk of court, within 10 days of receipt of a copy of the order, a written statement of appeal specifically designating the order or part thereof appealed from, the basis for the objection, and a written memorandum in support thereof. A copy of the appeal shall be served on the magistrate judge and all parties. The time period allowed for appeal may be modified by the magistrate judge or district judge. A motion to modify or extend the time to file an appeal of a magistrate's order shall be accompanied either by a certificate by the movant that there is or is not opposition to the request or a statement of the efforts made by the movant to determine whether or not there is opposition in compliance with LR7.9W . The district judge shall consider the appeal and set aside any portion of the order found to be clearly erroneous or contrary to law. The district judge may also reconsider sua sponte any matter determined by a magistrate judge under this rule. B. Reports and Recommendations. A party may object to a magistrate judge's proposed findings, recommendations or report by filing with the clerk within 10 days of receipt of a copy thereof, a written objection which specifically identifies the portion or portions of the proposed findings, recommendations or report to which objection is made, the basis for such objection and a written memorandum in support thereof. The magistrate judge or district judge may modify the time period allowed for the filing of such objections. Any party may respond to another party's objections within 10 days after being served with a copy thereof. A district judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject or modify in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions. [Amended November 12, 1999] |
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LOCAL CIVIL RULE 77 - DISTRICT COURTS AND CLERKS LR77.1 Conference In Chambers -
Notice LR77.2 Sessions of
Court LR77.3W Administrative
Divisions
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LOCAL CIVIL RULE 78 - MOTION DAY LR78.1E Motion Days LR78.1E Motion Days Any party desiring oral argument must either file contemporaneously with the filing of the motion or opposition memorandum to a motion or within three days after receipt of the opposition memorandum to a motion, a separate written request for oral argument. Oral argument will be permitted in such cases without further order of the Court, unless the Court advises the parties, as soon as practicable, that oral argument is not necessary. [Amended October 1, 2003] LR78.1M & W Motion Days Oral argument will be allowed only when ordered by the court. All other motions will be decided by the court on the basis of the record, including timely filed briefs and any supporting or opposing documents filed therewith. [Amended August 29, 2002] LR78.2E Calendar |
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LOCAL CIVIL RULE 79 - BOOKS AND LR79.1E & W Withdrawal of Files LR79.1E & W Withdrawal
of Files A. for the use
of the court; LR79.1M Withdrawal of Files LR79.2 Custody of Exhibits LR79.3 Disposition of
Exhibits LR79.4 Offer and Marking of
Exhibits LR79.5 Obtaining Record From
Appellate Court for Hearing on Motions |
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LOCAL CIVIL RULE 83
- RULES BY
LOCAL CIVIL RULE 83.1 - NATURALIZATION |
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LOCAL CIVIL RULE 83 - RULES BY LOCAL CIVIL RULE 83.2 - ATTORNEYS LR83.2.1E & W Roll of Attorneys LR83.2.1M Roll of Attorneys Any member in good standing of the bar of the Supreme Court of Louisiana who is of good moral character is eligible for admission to the bar of the Eastern District of Louisiana. [Amended July 17, 2000] LR83.2.2M & W Eligibility LR83.2.3E Procedure for Admission B. The petitioner may then be admitted in open court or in chambers, and upon taking an oath to conduct himself or herself as an attorney or counselor of this court uprightly and according to law and to support the Constitution of the United States. He or she shall then, under the direction of the clerk, sign the roll of attorneys and pay the fee required by law and any other fee required by the court. Unless such a motion for admission is made within six months of the filing of the petition, the clerk may destroy the petition and a new petition will be necessary before the applicant can be admitted. C. If a personal appearance would present an undue hardship for the applicant or the applicant resides outside the boundaries of this district, upon written request and for good cause shown, the Court may grant the applicant's request for admission by mail without the necessity of a personal appearance. In such instance, the applicant shall take a written oath, on a form prescribed by the Clerk, to conduct himself or herself as an attorney or counselor of this Court uprightly and according to law and to support he Constitution of the United States, and submit this written oath with any fee required by law and any other fee required by the court. At the attorney's first physical appearance before the court, he/she shall sign the roll of attorneys in the Clerk's Office. [Amended July 17, 2000 and October 1, 2003] LR83.2.3M Procedure for Admission B. The petitioner may then be admitted in open court, or in chambers or by mail, and upon taking an oath to conduct himself or herself as an attorney or counselor of this court uprightly and according to law and to support the Constitution of the United States. He or she shall then, under the direction of the clerk, pay the fee required by law and any other fee required by the court. Unless such a motion for admission is made within six months of the filing of the petition, the clerk may destroy the petition and a new petition will be necessary before the applicant can be admitted. LR83.2.3.1M Payment of Annual Fees A. In addition to the fee paid upon admission to the bar of this court, every attorney so admitted shall pay to the clerk of this court an annual fee in an amount to be determined by the court. Such fee shall be due and payable triennially commencing January 31, 2003, and thereafter upon notification by the clerk of court. B. Any attorney who fails to pay the annual fee shall be summarily suspended, provided a notice of delinquency has been sent to the attorney's last address known to this court at least 30 days prior to such suspension. C. Any attorney suspended under the provisions above shall be automatically reinstated without further order upon payment of all arrears. D. An attorney who has retired or is not engaged in the practice of law before this court may advise the clerk in writing that he/she desires to assume inactive status and discontinue the practice of law before this court. Upon the filing of such notice, the attorney shall no longer be eligible to practice law in this court and shall not be obligated for further payment of the fee prescribed herein. E. Upon a filing of a notice to assume inactive status, the attorney shall be removed from the roll of those classified as active until and unless the attorney requests and is granted reinstatement to the active rolls. Reinstatement shall be granted (unless the attorney is then subject to an outstanding order of suspension or disbarment) upon the payment of any fees due as prescribed by this Rule. [Amended December 29th, 2008] LR83.2.3W Procedure for Admission B. The petitioner may then be admitted in open court, in chambers or by mail, and upon taking an oath to conduct himself or herself as an attorney or counselor of this court uprightly and according to law and to support the Constitution of the United States. He or she shall then, under the direction of the clerk, pay the fee required by law and any other fee required by the court. Unless such a motion for admission is made within six months of the filing of the petition, the clerk may destroy the petition and a new petition will be necessary before the applicant can be admitted. LR83.2.4E & M Rules of Conduct LR83.2.4W Rules of Conduct LR83.2.5 Attorney Representation LR83.2.6E Visiting Attorneys The motion must have attached to it a certificate by the presiding judge or clerk of the highest court of the state, or court of the United States, where he or she has been so admitted to practice, showing that the applicant attorney has been so admitted in such court, and that he or she is in good standing therein. The applicant attorney shall state under oath whether any disciplinary proceedings or criminal charges have been instituted against him or her, and if so, shall disclose full information about the proceeding or charges and the results thereof. An attorney thus permitted to appear may participate in a particular action or proceeding in all respects, except that all documents requiring signature of counsel for a party may not be signed solely by such attorney, but must bear the signature also of local counsel with whom he is associated. Local counsel shall be responsible to the court at all stages of the proceedings. Designation of the visiting attorney as "Trial Attorney" pursuant to LR11.2 herein shall not relieve the local counsel of the responsibilities imposed by this rule. Any member in good standing of the bar of any court of the United States or of the highest court of any state and who is not a member of the bar of this court, may, upon written motion of counsel of record who is a member of the bar of this court, by ex parte order, be permitted to appear and participate as co-counsel in a particular case. The motion must have attached to it a certificate of recent date from the presiding judge or clerk of the highest court of the state, or court of the United States, where the attorney has been so admitted to practice, showing that the applicant attorney has been so admitted in such court, and that the applicant is in good standing. The applicant attorney shall state under oath whether any disciplinary proceedings or criminal charges have been instituted against the applicant, and if so, shall disclose full information about the proceeding or charges and the ultimate determination, if any. The applicant attorney shall pay a fee to the clerk of court in an amount to be determined by the court and shall submit the following oath: I DO SOLEMNLY SWEAR (OR AFFIRM OR PROMISE) that I will support the Constitution of the United States and that I will demean myself uprightly and according to law and the recognized standards of ethics of the legal profession. I do further solemnly swear (or affirm or promise) that I have read the Federal Rules of Civil Procedure, 28 USC; the Federal Rules of Criminal Procedure, 18 USC; the Federal Rules of Evidence, 28 USC; and the Uniform Local Rules of the United States District Court for the Middle District of Louisiana, and that I am fully prepared to use and abide by them in my practice before this Court. An attorney permitted to appear may participate in a particular action or proceeding in all respects, except that all documents requiring signature of counsel for a party may not be signed solely by such attorney, but must bear the signature also of local counsel with whom the visiting attorney is associated. Local counsel shall be responsible to the court at all stages of the proceedings. Designation of the visiting attorney as "Trial Attorney" pursuant to LR11.2 herein shall not relieve the local counsel of the responsibilities imposed by this rule. The fee described in this rule is applicable in each case in which the visiting attorney seeks recognition as qualified counsel. [Amended December 29th, 2008] LR83.2.6W Visiting Attorneys The motion must have attached to it a certificate of recent date from presiding judge or clerk of the highest court of the state, or court of the United States, where the attorney has been so admitted to practice, showing that the applicant attorney has been so admitted in such court, and that the applicant is in good standing. The applicant attorney shall state under oath whether any disciplinary proceedings or criminal charges have been instituted against the applicant, and if so, shall disclose full information about the proceeding or charges and the ultimate determination, if any. The applicant attorney shall pay a $25 fee to the clerk court and shall take the same oath as members of the bar of this court. An attorney permitted to appear may participate in a particular action or proceeding in all respects, except that all documents requiring signature of counsel for a party may not be signed solely by such attorney, but must bear the signature also of local counsel with whom the visiting attorney is associated. Local counsel shall be responsible to the court at all stages of the proceedings. Designation of the visiting attorney as "Trial Attorney" pursuant to LR11.2 herein shall not relieve the local counsel of the responsibilities imposed by this rule. The fee described in this rule is applicable in each case in which the visiting attorney seeks recognition as qualified counsel. [Amended December 11, 2001] LR83.2.7 Waiver by Court Order of Requirements for Local Counsel A. The party would suffer hardship by joinder of local counsel; LR83.2.8 Familiarity With and Compliance With Rules LR83.2.8.1E Familiarity With the Record LR83.2.9E Counsel's Failure to Appear 1. If this is the first time counsel has been delinquent, or if the last time he/she failed to appear
promptly was more than two years ago, he/she shall be ordered to pay a fee in a reasonable
amount to each opposing counsel who has appeared. B. For failure without adequate excuse to appear for a trial or a hearing for which witnesses have been summoned, or for unreasonable delay in appearing at such times, the lawyer will be required to show cause why he or she should not be subject to disciplinary action by the court. LR83.2.10E RULES OF DISCIPLINARY ENFORCEMENT OF THE UNITED STATES
DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA JURISDICTION AND GOVERNING RULES A. Admission of an attorney to the bar of this court or other authorizations to practice before this court confer disciplinary jurisdiction upon the court. B. Unless otherwise provided by these or other applicable local rules or otherwise determined by the court, all procedures in disciplinary actions, including discovery, shall be governed by the Federal Rules of Civil Procedure. C. Nothing contained in these Rules shall be construed to deny to this court such powers as are necessary for the court to maintain control over proceedings conducted before it, such as proceedings for contempt under Title 18 of the United States Code or under Rule 42 of the Federal Rules of Criminal Procedure . D. The court hereby adopts the Rules of Professional Conduct adopted by the Supreme Court of the State of Louisiana, as amended from time to time by said Supreme Court, except as otherwise provided by specific rule of this court. GROUNDS FOR DISCIPLINARY ACTION A. Any attorney authorized to practice before this court may be disbarred or suspended from further practice before this court or subjected to such other disciplinary action as the court finds the circumstances warrant if such attorney: 1. Has been convicted of a serious crime, as same is hereinafter defined, in any court of the
United States or any of its territories, commonwealths, or possessions; the District of Columbia;
or any state of the United States; or B. The term "serious crime" shall include not only any felony, but also any lesser crime a necessary element of which, as determined by the statutory or common law definition of such crime in the jurisdiction where the judgment was entered, involves false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a "serious crime." PROCEDURES A. COMMENCEMENT OF PROCEEDINGS 1. Disciplinary proceedings under these Rules shall be commenced by (1) the filing of a complaint which sets forth a factual statement of the alleged misconduct; (2) a judgment of conviction; or (3) an order of disbarment, suspension, or other discipline imposed by another court on which the proceedings are based. 2. A certified copy of a judgment of conviction of an attorney for a "serious" crime shall be conclusive evidence of the commission of that crime in any disciplinary proceeding instituted against that attorney based upon the conviction. 3. Complaints involving conviction of an attorney for an offense not constituting a "serious crime" as defined above or allegations or instances of other misconduct by an attorney shall be referred by the judge to whose attention any such complaint has come to the court en banc for determination by a majority of the active judges of the action to be taken, if any, with respect to such complaint. 4. In any case in which the court en banc determines that a complaint or allegations of misconduct, other than the conviction of a "serious crime," even if substantiated, would not warrant disciplining the attorney involved or should be handled by another forum such as the Office of the Disciplinary Counsel for the Louisiana State Bar Association, such complaint may be disposed of by the court without investigation or other action in such manner and with such formality as it deems appropriate. 5. If the complaint is to be pursued, it shall be docketed for random allotment among the active judges of the court. If a matter is predicated upon a complaint by the allotted judge, it shall be reallotted. 6. The allotted judge will conduct all necessary proceedings in such matters. 1. In disciplinary proceedings based on allegations or instances of misconduct by an attorney other than a criminal conviction for a "serious crime," the allotted judge shall appoint counsel to investigate the matter and to make a report thereon in accordance with the provisions of paragraph (6) hereinafter. The order of appointment shall set forth the alleged misconduct to be investigated. 2. A copy of the order of appointment for investigation, together with a copy of the complaint or judgment of conviction involved, shall be mailed to the respondent-attorney via registered or certified mail, return receipt requested. 3. The term "counsel" as used in these Rules shall refer to the United States Attorney, his/her assistants, and any other member or members of the bar of this court who are appointed to conduct investigations in and/or to institute and prosecute any disciplinary proceedings provided for in these Rules. Counsel appointed pursuant to these Rules shall serve until relieved by the court. 4. Substitute counsel may be appointed when deemed proper by the court. Whenever it appears that any investigatory or prosecuting counsel is then engaged as an adversary of the respondent-attorney in any other matter, the court shall make a substitute appointment. 5. Upon application by appointed counsel, or counsel for the respondent-attorney, the allotted judge may direct the clerk to issue subpoenas and subpoenas duces tecum as may be required in any investigation or proceeding. 6. Counsel shall expedite the investigation and shall deliver a report thereon in writing to the allotted judge. Counsel may include in the report a recommendation for or against institution of disciplinary action and shall give reasons therefor. The court shall not be required to act in accordance with any such recommendation. 1. If after reviewing counsel's report, the court concludes that disciplinary action may be warranted, the respondent-attorney shall be ordered to show cause within 30 days after service of the order to show cause, or at such other designated time, why he/she should not be disbarred or suspended or other discipline imposed. The order to show cause shall be served upon the respondent-attorney by personal service or by registered or certified mail, return receipt requested, along with a copy of the document(s) upon which the disciplinary proceedings are based, i.e., the complaint, the judgment of conviction, or the disciplinary order or judgment of another court, as the case may be. 2. The respondent-attorney shall file a written response within the prescribed time, either admitting or denying the alleged misconduct, conviction, order of disbarment, or suspension or other discipline imposed by another court, together with whatever matters he/she wishes to assert in defense. 3. If any issue of fact is raised by the respondent-attorney's response or if he/she wishes to be heard in mitigation, the matter shall be set for hearing before the allotted judge. 4. For respondent-attorney's failure to file a timely response, the allotted judge may enter an order disbarring or suspending him/her from practice for such failure. 1. The allotted judge shall conduct the hearings and all other necessary proceedings in disciplinary actions and shall make written findings and recommendations to be submitted to the court en banc for its consideration and determination of the final discipline, if any, to be taken. 2. The court's decision shall be evidenced by an order signed for the court by the allotted judge or other such judge of the court as may be designated by the Chief Judge. 3. Whenever suspension from practice is ordered as final discipline, the order shall fix the time when an application for reinstatement may be filed. E. DISCIPLINARY PROCEEDINGS AGAINST ATTORNEYS CONVICTED OF "SERIOUS" CRIMES 1. Upon the filing with this court of a certified copy of the judgment of conviction of an attorney convicted of a "serious crime," as defined above, the court shall enter an order suspending the convicted attorney, whether such conviction resulted from a plea of guilty or nolo contendere or from a verdict after trial or otherwise, regardless of any pending appeals. 2. Once all appeals from the conviction are concluded, a majority of the active judges will determine, en banc, the final discipline to be imposed in the disciplinary proceeding based on the conviction. F. REINSTATEMENT UPON REVERSAL OF CONVICTION An attorney suspended under these Rules shall be reinstated immediately upon the filing of evidence that the underlying conviction has been reversed. However, lifting of the suspension will not terminate any disciplinary proceedings then pending against the attorney, the disposition of which shall be determined on the basis of all available evidence pertaining to the conduct which was the basis of the criminal prosecution, all in accordance with these Rules. In the event of such reversal, the court may appoint counsel to assimilate and report to the court the evidence pertaining to the conduct which was the basis of the criminal prosecution. The investigation and disposition of the alleged misconduct will proceed in accordance with Sections (B) , (C) , and(D)of this Rule. G. DISCIPLINARY ACTION BY OTHER COURTS 1. Any attorney admitted to practice before this court shall, upon being subjected to public discipline by any other court of the United States or the District of Columbia, or by a court of any state, territory, commonwealth, or possession of the United States, promptly inform the clerk of this court of such action. 2. Upon the filing of a certified or exemplified copy of a judgment or order evidencing the fact that the said attorney has been disciplined by another court, a disciplinary proceeding shall be commenced and shall proceed to finality as provided in Sections (A) through (E) of this Rule. 3. In the event the discipline imposed in the other jurisdiction has been stayed there, any reciprocal discipline imposed in this court shall be deferred until such stay expires. 4. After due proceedings had, this court shall impose such discipline as the circumstances warrant, unless the respondent-attorney demonstrates, and this court finds, that upon the face of the record upon which the discipline in another jurisdiction is predicated, it clearly appears that: a. The attorney was deprived of due process by the lack of proper notice or the opportunity to be
heard; or 5. In all other respects, a final adjudication in another court that an attorney has been guilty of misconduct shall establish conclusively the misconduct for purposes of a disciplinary proceeding in this court. H. PAYMENT OF FEES AND COSTS 1. On completion of his/her services in any disciplinary or other matter under these Rules, court-appointed counsel may make application to this court for an order awarding reasonable fees and reimbursing reasonable and necessary costs and expenses. The court, in fixing the compensation to be awarded, shall apply the in-court and out-of-court hourly rates prescribed in18 U.S.C. § 3006A(d)(1) for determining the compensation of counsel appointed pursuant to the Criminal Justice Act ( 18 U.S.C. § 3006A ) to represent indigent defendants. 2. The cost and expense of any disciplinary proceeding, including counsel's fees as determined by the court, may be assessed to and shall be paid by the respondent-attorney. I. NOTIFICATION TO CLIENTS AND CLERK 1. Within 21 days from the date on which an order or judgment of suspension or disbarment has become final and within a like period from the date of a notice given to assume inactive status pursuant to the provisions of Rule VII(G) , the attorney so suspended or disbarred or assuming inactive status shall notify by registered or certified mail, return receipt requested, all clients to whom he/she is responsible for pending matters before this court of the fact that he/she cannot continue to represent them. 2. Within 45 days from the date on which any such order or judgment of suspension or disbarment has become final and within a like period from the date of a notice given to assume inactive status, the attorney shall file with the clerk of this court an affidavit stating that he/she has fully complied with the provisions of Rule III(I)(1) above. The affidavit shall also indicate his/her residence or other address to which subsequent communications may be addressed. It shall further be the responsibility of the attorney to keep and maintain records evidencing his/her compliance with this Rule so that proof of compliance will be available if needed for any subsequent proceeding instituted by or against him/her. J. SERVICE BY MAIL 1. Whenever service of any pleading, order, notice, or other paper upon any respondent-attorney is directed or authorized by these Rules to be made by registered or certified mail, return receipt requested, such service shall be deemed to have been made if the mail is addressed to the respondent-attorney at his/her most recent address appearing in the Roll of Attorneys. 2. Service of any pleading, order, notice, or other paper not required to be served by registered or certified mail may be deemed to have been made when same is addressed and mailed, via ordinary mail, to the respondent-attorney at his/her most recent address appearing in the Roll of Attorneys or in the most recent pleading or other document filed in the disciplinary proceedings by a respondent-attorney appearing pro se. 3. Service of any pleading, order, notice, or other paper may be made upon counsel or respondent's attorney by mailing same to him/her at his/her address appearing in the most recent pleading or other document filed by either in the disciplinary proceedings. 4. Whenever used in these Rules, "Roll of Attorneys" refers to the Roll of Attorneys admitted or otherwise authorized to practice in this court. K. CONFIDENTIALITY 1. Complaints of misconduct, disciplinary proceedings, and the records therein, except orders of disbarment, suspension, reprimand, or other disciplinary sanctions, shall not be made public except on order of the court. 2. To preserve confidentiality, all proceedings shall be heard in chambers, unless respondent-attorney requests a hearing in open court. DUTIES OF THE CLERK A. Upon being informed that an attorney admitted to practice before this court has been convicted of any crime, the clerk of this court shall promptly obtain and file with this court a certified copy of the judgment of such conviction. B. Upon being informed that an attorney admitted to practice before this court has been subjected to discipline by another court, the clerk of this court shall promptly obtain and file with this court a certified copy of such disciplinary judgment or order. C. Whenever it appears that any person convicted of any crime, disbarred, suspended, censured, or disbarred on consent by this court is also admitted to practice law in any other jurisdiction or before any other court, the clerk of this court shall, within 10 days of that conviction, disbarment, suspension, censure, or disbarment on consent, transmit to the disciplinary authority in such other jurisdiction, or for such other court, a certified copy of the judgment of such conviction or order of disbarment, suspension, censure, or disbarment on consent, as well as the last office and residence addresses of the defendant or respondent-attorney shown on the Roll of Attorneys. D. The clerk of court shall, likewise, promptly notify the National Discipline Data Bank operated by the American Bar Association of any order imposing public discipline upon any attorney admitted to practice before this court. DISBARMENT ON CONSENT A. DISBARMENT ON CONSENT WHILE UNDER DISCIPLINARY INVESTIGATION
OR PROSECUTION IN THIS COURT a. The attorney's consent is freely and voluntarily rendered; the attorney is not being subjected to
coercion or duress; and the attorney is fully aware of the implications of so consenting; 2. Upon receipt of the required affidavit, this court shall enter an order disbarring the attorney. The affidavit required under the provisions of this Rule shall not be publicly disclosed or made available for use in any other proceeding except upon court order. B. DISBARMENT ON CONSENT OR RESIGNATION IN OTHER COURTS REINSTATEMENT A. REINSTATEMENT REQUIRED BEFORE RESUMING PRACTICE B. TIME FOR FILING APPLICATION FOR REINSTATEMENT C. HEARING ON APPLICATION 2. The applicant shall have the burden of demonstrating by clear and convincing evidence that he/she has the moral qualifications, competency, and learning in the law required for readmission to practice law before this court and that his/her resumption of the practice of law will not be detrimental to the integrity and standing of the bar or to the administration of justice or subversive of the public interest. Final determination of the application for reinstatement shall be made by a majority of the active judges en banc after receipt of the written findings and recommendation of the hearing judge. D. APPOINTMENT OF COUNSEL E. ASSESSMENT OF COSTS A non-refundable advance deposit in an amount to be set from time to time by the court shall accompany the filing of any petition for reinstatement, said advance to be applied to the final costs, including any counsel fees, of the reinstatement proceeding as may be determined by the court. Said costs shall be assessed to and paid by the applicant upon conclusion of such proceeding, whether favorable or unfavorable to him/her. F. CONDITIONS OF REINSTATEMENT G. SUCCESSIVE APPLICATIONS REGISTRATION STATEMENTS AND FEES A. For the year 1987 and for every calendar year thereafter, every attorney admitted to practice before this court shall pay to the clerk of this court an annual fee of $5.00 to be made part of a fund to be used to defray the expense of administration and enforcement under these Rules and for such other uses and purposes which the court may determine to be in furtherance and in aid of the court's functions and operations and the practice of law before the court. Such fee shall be due and payable triennially in the amount of $15.00 not later than March 1 of the calendar year in which such payment is required to be made, the first of such payments to be made not later than March 1, 1987. 1. All persons first becoming subject to these Rules by admission to practice before this court
after December 31, 1986, shall make the aforesaid $15.00 triennial payment at the time of
admission. Such fee shall not be prorated within any calendar year, but an attorney first admitted
in the second or third year of any triennial period shall be required to make proportionate
payment only for those years of such period in which the attorney's membership in the bar is
effective. B. Any attorney who fails to timely pay the fee required under (A) above shall be summarily suspended, provided a notice if delinquency has been sent to the attorney by first class mail to his/her last address appearing in the Roll of Attorneys of the bar of this court at least 30 days prior to such suspension. C. Any attorney suspended under the provisions of (B) above shall be reinstated without further order upon payment of all arrears. D. To facilitate the keeping of an accurate Roll of Attorneys, every attorney subject to these Rules shall, on or before March 1, 1987, and triennially thereafter on or before the first day of March, file with the clerk of this court a registration statement on a form prescribed and supplied by the clerk setting forth the attorney's current residence and office addresses; his/her Bar Roll number; and the bars of all states, territories, districts, commonwealths, or possessions or other courts of the United States to which the attorney is admitted and the dates of such admissions. In addition, every attorney subject to these Rules shall file a supplemental statement of any change in the aforesaid information previously submitted within 30 days of such change. All persons first becoming subject to these Rules by admission to practice before this court after December 31, 1986, shall file the registration statement required by this Rule at the time of such admission. Upon request, the clerk will provide a certificate of compliance. E. Within 30 days of receipt of a statement or supplemental statement and of payment of the aforesaid fee in accordance with the provisions of (A) and (D) above, the clerk shall acknowledge receipt thereof in appropriate form so as to enable the attorney, on request, to demonstrate compliance with the requirements of (A) and (D) above. F. Any attorney who fails to file the attorney registration statement or supplemental statement as required above shall be summarily suspended, provided a notice of delinquency has been sent to the attorney by first class mail addressed to the attorney's current address as appearing in the Roll of Attorneys of the bar of this court at least 30 days prior to such suspension. The attorney shall remain suspended until he/she has complied with these Rules, whereupon the attorney shall be reinstated without further order. G. An attorney who has retired or is not engaged in the practice of law before this court may advise the clerk in writing that he/she desires to assume inactive status and discontinue the practice of law before this court. Upon the filing of such a notice, the attorney shall no longer be eligible to practice law in this court and shall not be obligated for further payment of the fee prescribed herein or for filing the attorney registration statement every three years as required by this Rule for active practitioners. H. Upon the filing of a notice to assume inactive status, the attorney shall be removed from the roll of those classified as active until and unless he/she requests and is granted reinstatement to the active rolls. Reinstatement shall be granted (unless the attorney is then subject to an outstanding order of suspension or disbarment or has been on inactive status for five years or more) upon the payment of any fees due as prescribed by this Rule and the submission of a current registration statement. Reinstatement to active status of an attorney who has been on voluntary inactive status for five years or more shall be governed by the provisions of Rule VIrelating to reinstatement to practice before the court. I. The fees and costs paid pursuant to these Rules shall be received and maintained by the clerk as trustee thereof in separate interest bearing, federally insured accounts with such depositories as the court may from time to time approve or said fees and costs may be invested in obligations of the United States. Funds so held shall be disbursed only pursuant to the orders of the court and at no time shall they be deposited into the Treasury of the United States. LR83.2.10.1E Practicing Before Admission or During Suspension LR83.2.10M Suspension and Disbarment Pending any appeal of the conviction, suspension or disbarment, a member of the bar may be suspended from further practice before this court. Any member of the bar of this court may be disbarred or otherwise disciplined after such hearing as the court may in each particular instance direct, but any member of this bar who has been disbarred or dropped, or hereafter may be disbarred or dropped, from the Bar of the State of Louisiana, shall be dropped from the bar of this court and his/her name stricken from the roll. [Amended June 28, 2002] LR83.2.10W Attorney Discipline A. Initiation of Disciplinary Proceedings 1. Any judge of this Court may initiate disciplinary proceedings, including fine, suspension or disbarment, pursuant to this section. The judge may take action directly under subsection B 2. of this rule or, when appropriate, by submitting the matter to a Special Master, a United States Magistrate Judge or the Chief Judge of this court for a hearing prior to action under subsection B 2. 2. A complaint of attorney misconduct initiated by one other than a judge of this Court shall be filed in writing under oath with the Clerk of the Court, who shall immediately refer the matter to the Chief Judge or the Chief Judge's Article III designee, who shall make such inquiry as is appropriate. The Chief Judge or his designee shall then report to the active judges of this Court his recommended findings of fact and proposed action pursuant to subsection B 2. 3. Any person admitted to practice before this court shall give written notice to the Clerk of Court of any adverse action affecting his or her practice of law within thirty (30) days of such adverse action, including copies of the documents of the Louisiana Supreme Court, or any other acting body, declaring the adverse action. In this context "adverse action" is defined as (a) the filing of formal public charge against him or her by any bar association or committee thereof; (b) issuance of a public reprimand, fine, suspension or disbarment by any court or bar association or any committee thereof; or (c) the conviction of any felony or of any misdemeanor involving such person's practice of law. The Clerk of Court shall refer all notices of adverse action to the Chief Judge or Article III designee of the Chief Judge. B. Disciplinary Action 1. If another federal court or the Supreme Court of the State of Louisiana takes adverse action against an attorney in the form of a suspension or disbarment of such attorney, this Court may take the same action against such attorney in this court. Nothing in this provision shall prevent this Court, by majority vote, from taking different action as a result of such adverse action by such other court. 2. All other disciplinary proceedings initiated under Section A above shall be submitted to the active judges of this Court. Action on the proceedings shall be by a majority vote of the active Article III judges of this Court in a regular or special meeting or in conference call. C. Temporary Suspension Any judge of this Court may, pursuant to the inherent powers of the Court, the Federal Rules or the United States Code, fine or suspend for a period not to exceed ninety (90) days, for good cause shown, any member of the bar of this Court without regard to any of the formalities set forth above in this rule, in addition to the right of the Court to exercise judicial control as set forth in Section E of this rule. D. Re-Admission 1. In the event of disbarment. (a) In the event that any member of the bar of this Court has been disbarred, he or she may petition the active judges of the Court for re-admission by filing a petition for re-admission with the Clerk of Court setting forth the reasons for the original disbarment, including copies of the documents of the Louisiana Supreme Court, or any other acting body, declaring the attorney disbarred, and the reasons why re-admission should be granted, and (b) The petition for re-admission shall be submitted to the active judges of this Court who shall either grant or deny the petition or refer the same to a Special Master of Magistrate Judge for a report and recommendation. Final action shall be by majority vote of the active judges of the Court as provided in (d)(1)(D) and (E). (c) No petition for re-admission shall be filed sooner than two (2) years from the date of the disbarment or from the date of a denial of a petition for re-admission, unless the order denying the petition for re-admission specifies another time period. (d) A decision on re-admission shall be made by a majority vote of all active Article III judges after consultation at a regular or special meeting or by telephone conference. (e) An attorney may, in the event of exigent circumstances, and documentation with good cause shown, petition the Court for review in an expedited fashion. Such request shall include full written reasons for the stated request. Failure to comply fully with all filing requirements will result in the filing being denied as insufficient by the Clerk of Court and returned without review. Upon receipt of properly filed documents for request for expedited review, the Clerk of Court shall forward the petition and all accompanying and all relevant documentation, including copies of the documents of the Louisiana Supreme Court, or any other acting body, declaring the attorney disbarred, in normal course, to the Chief Judge who will, within his or her discretion, determine if expedited review is warranted. Request for expedited review in no way entitles the filer to expedited review. (f) If the Chief Judge determines expedited review is warranted, he or she shall proceed as in subsection B 2. 2. In the event of suspension. (a) If a member of this bar is suspended, the member of the bar so suspended must file a petition for reinstatement setting forth the reasons for the original suspension, including copies of the documents of the Louisiana Supreme Court, or any other acting body, declaring the attorney suspended, and the reasons why reinstatement should be granted. (b) If a definite time is set in the order of suspension, a petition for reinstatement may be filed after the passing of such time. (c) If no time is set in the order of suspension, a petition for reinstatement by a suspended bar member may not be filed sooner than two (2) years after the order of suspension or two (2) years from the date of denial of a previous petition for reinstatement, unless the previous order denying reinstatement sets forth a different time period. (d) A decision on reinstatement shall be made by a majority vote of the judges after consultation, either at a regular or special meeting or by telephone conference. (e) An attorney may, in the event of exigent circumstances, and documentation with good cause shown, petition the Court for review in an expedited fashion. Such request shall include full written reasons for the stated request. Failure to comply fully with all filing requirements will result in the filing being denied as insufficient by the Clerk of Court and returned without review. Upon receipt of properly filed documents for request for expedited review, the Clerk of Court shall forward the petition and all accompanying and all relevant documentation, including copies of the documents of the Louisiana Supreme Court, or any other acting body, declaring the attorney suspended, in normal course, to the Chief Judge who will, within his or her discretion, determine if expedited review is warranted. Request for expedited review in no way entitles the filer to expedited review. (f) If the Chief Judge determines expedited review is warranted, he or she shall proceed as in subsection B 2. E. Judicial Control Nothing in this rule shall be read to limit the inherent powers of a judge to control litigation, nor to limit the powers to impose fines, penalties and sanctions granted under the Federal Rules, United States Code or as otherwise authorized by law. Imposition of fines, penalties and sanctions otherwise so authorized may occur, without the imposing judge being required to "initiate disciplinary proceedings" within the meaning of Section A of this rule. [Adopted December 3, 2004] LR83.2.11 Continuing Representation, Withdrawals, Substitution of Counsel LR83.2.12 Additional Counsel LR83.2.13 Appearances by Law Students An eligible law student may also appear in any criminal matter on behalf of the United States with the written approval of both the prosecuting attorney or his or her authorized representative and the supervising lawyer. Insofar as practicable, the legal services of law students in criminal practice shall be divided equally between prosecution and defense. The written consent and approval referred to above shall be filed in the record of the case and shall be brought to the attention of the judge. The supervising lawyer or the prosecuting attorney must personally be present throughout the proceedings and shall be responsible for the manner in which they are conducted. A. Prerequisites to Law Student Appearances In order to make an appearance pursuant to this rule, the law student must: "I, , do solemnly swear that I will support the Constitution of the United States and of the State
of Louisiana and have read and am familiar with the Code of Professional Responsibility of the
Louisiana State Bar Association, and I understand that I am bound by the precepts therein
contained as fully as if I were admitted to the practice of law in Louisiana; and that I further
accept the privileges granted to me as well as the responsibilities which will devolve upon me, so
that I may be more useful through my clinical education in the service of justice." C. Supervision of Students LR83.2.14M & W Courtroom Decorum The purpose of this rule is to emphasize, not to supplant, certain portions of those ethical principles applicable to the lawyer's conduct in the courtroom. In addition to the other requirements, therefore, lawyers appearing in this court shall: 1. Stand as court is opened, recessed or adjourned. 2. Stand when the jury enters or retires from the courtroom. 3. Stand when addressing, or being addressed by, the court. 4. Stand at the lectern while examining any witness; except that counsel may approach the clerk's desk or the witness for purposes of handling or tendering exhibits. 5. Stand at the lectern while making opening statements or closing arguments. 6. Address all remarks to the court, not to opposing counsel. 7. Avoid disparaging personal remarks or acrimony toward opposing counsel and remain wholly detached from any ill feeling between the litigants or witnesses. 8. Refer to all persons, including witnesses, other counsel and the parties by their surnames and not by their first or given names. 9. Only one attorney for each party shall examine, or cross examine, each witness. 10. Counsel should request permission before approaching the bench; and any documents counsel wish to have the court examine should be handed to the clerk. 11. Any paper or exhibit not previously marked for identification should first be handed to the clerk to be marked before it is tendered to a witness for his examination; and any exhibit offered in evidence should, at the time of such offer, be handed to opposing counsel. 12. In making objections counsel should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the court. 13. In examining a witness counsel shall not repeat or echo the answer given by the witness. 14. Offers of, or requests for, a stipulation should be made privately, not within hearing of the jury. 15. In opening statements and in arguments to the jury, counsel shall not express personal knowledge or opinion concerning any matter in issue, and shall not suggest to the jury, directly or indirectly, that it may or should request transcripts or the reading of any testimony by the reporter. 16. Counsel shall admonish all persons at counsel table that gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely prohibited. [Amended September 27, 2000 and June 28, 2002] LR83.2.15W Courtroom Appearance All attorneys shall dress appropriately when appearing in court. Male attorneys shall wear coats and ties; Female attorneys shall wear business attire, a dress or a business suit consisting of either pants or a skirt. Litigants, witnesses, jurors and spectators shall be neatly, cleanly and appropriately attired. [Amended November 12, 1999] |
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LOCAL CIVIL RULE 83 - RULES BY LOCAL CIVIL RULE 83.3 - BUILDING SECURITY LR83.3.1 Reasons for Building
Security LR83.3.1 Reasons for Building Security LR83.3.2 Security Personnel LR83.3.3 Carrying of
Parcels, Bags, and Other Objects LR83.3.4 Search of Persons LR83.3.5 Unseemly Conduct A. Loiter, sleep
or conduct himself/herself in an unseemly or disorderly manner in the premises; LR83.3.6 Entering and
Leaving LR83.3.7 Spectators LR83.3.8 Cameras and
Electronic Equipment LR83.9 Photographs, Radio
or Television Broadcasting B. As used in these rules the term "environs" means any place within any United States Courthouse wherein these Rules apply, and any place wherein a United States Magistrate Judge may conduct judicial proceedings and any public place immediately adjacent thereto. LR83.3.10 Unauthorized
Presence When Grand Jury Is in Session LR83.3.11 Interviewing
Witnesses Before Grand Jury LR83.3.12E &
W Weapons LR83.3.12M Weapons LR83.3.13 Enforcement |
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LOCAL CIVIL RULE 83 - RULES BY LOCAL CIVIL RULE 83.4 - BANKRUPTCY LR83.4.1 Reference to Bankruptcy
Judge LR83.4.1 Reference to
Bankruptcy Judge LR83.4.2 Appeal to the
District Court LR83.4.3 Motion Seeking
Relief From a District Judge A. Original Motion 1. Applicable
Rules. The Local Rules for the district court shall be applicable to all
motions filed in bankruptcy cases or proceedings seeking relief from a district judge. In
those instances where the Bankruptcy Rules require a report from the bankruptcy judge, e.g.,
Bankruptcy Rules
5011(b) and 9027(e),
the local Bankruptcy Rules shall apply until such report is issued. a. A clear and
conspicuous statement opposite the title of the action that "RELIEF IS SOUGHT FROM A
UNITED STATES DISTRICT JUDGE." 4. Subsequent
Filings. Any filing in a matter under this section subsequent to the
"Original Motion" set forth above shall be filed with the clerk of the district
court and shall comply with all rules of such court. B. No
Automatic Stay. There shall be no automatic stay of bankruptcy court
proceedings as a result of the filing of any motion under the above. Any stay of
proceedings will result only from an order of the bankruptcy court or the district court. LR83.4.4 Record
Transmitted to the District Court In the event that papers are retained in the bankruptcy court and certified copies are transmitted to the district court, the bankruptcy court may order the party upon whose instance the papers were required to reimburse the clerk of the bankruptcy court for the cost of making the copies. |
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LOCAL ADMIRALTY RULE 4 - SUMMONS AND PROCESS LAR4.1 Process LAR4.1 Process B. In connection with actions in rem pursuant to Admiralty Rule C, the verified complaint and supporting affidavit filed in connection therewith shall be reviewed by the court and no warrant for the arrest of a vessel shall issue unless the court determines that the conditions for an action in rem appear to exist, and enters an order so stating, and authorizing a warrant. Supplemental process enforcing the court's order may be issued by the clerk upon application without further order of the court. If the plaintiff or his or her attorney certifies that exigent circumstances make review by the court impracticable, the clerk shall issue a summons and warrant for the arrest and the plaintiff shall have the burden on a post-arrest hearing under LAR4.1(C) to show that exigent circumstances existed. C. The procedure for release from arrest or attachment either pursuant to Supplemental Rule B or C shall be as follows: Whenever property is arrested or attached, any person claiming an interest in it shall be entitled to a prompt hearing at which the plaintiff shall be required to show why the arrest or attachment should not be vacated or other relief granted consistent with these rules. This rule shall have no application to suits for seamen's wages when process is issued upon a certification of sufficient cause signed pursuant to 46 USC 603 and 604. D. If the judge to whom the particular case is allotted is not available, matters referred to in this LAR4.1 may be presented to any other judge without the necessity of reallotment of the case. LAR4.1.1W Vessel Seizure Counsel who intend to file a complaint for vessel seizure shall alert the United States Marshal's Office in the division where the vessel is located no later than six hours prior to the intended filing. In exigent circumstances, the court may grant leave to file the seizure pleadings without the notice described in this rule. Counsel filing the complaint shall notify the court, through the clerk's office, of the intended filing. In the absence of any district judges in the division, a magistrate judge is authorized to order the summons and warrant of arrest if exigent circumstances exist. [Amended November 12, 1999] LAR4.2 Summons to Show Cause Why Funds Should Not Be Paid to Court |
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LOCAL ADMIRALTY RULE 64 - SEIZURE OF PROPERTY LAR64.1W Publication and Time to Claim and Answer Where Publication Necessary and Under Supplemental Rule C(4) LAR64.1E Publication and Time to Claim and Answer Where Publication Necessary and
UnderSupplemental Rule C(4) The published notice shall contain the title and the number of the suit, the date of the arrest and identity of the property arrested, the name of the marshal, and the name and address of the attorney for the plaintiff. It shall also state that claimants must file their claims pursuant to Rule C(6) with the clerk and serve them on the attorney for plaintiff within 21 days after the date of first publication, or within such further time as may be allowed by the court, and must serve their answers within 21 days after the filing of their claim; that, if they do not, default may be entered and condemnation ordered; and that application for intervention under FRCvP 24, by persons claiming maritime liens or other interests may be untimely if not filed within the time allowed for claims to possession. [Amended December 1, 2009] LAR64.1M Publication and Time to Claim and Answer Where Publication Necessary and
UnderSupplemental Rule C(4) The published notice shall contain the title and the number of the suit, the date of the arrest and identity of the property arrested, the name of the marshal, and the name and address of the attorney for the plaintiff. It shall also state that claimants must file their claims pursuant to Rule C(6) with the clerk and serve them on the attorney for plaintiff within 21 days after the date of first publication, or within such further time as may be allowed by the court, and must serve their answers within 20 days after the filing of their claim; that, if they do not, default may be entered and condemnation ordered; and that application for intervention under FRCvP 24, by persons claiming maritime liens or other interests may be untimely if not filed within the time allowed for claims to possession.[Amended November 24, 2009] LAR64.1W Publication and Time to Claim and Answer Where Publication Necessary and
Under Supplemental Rule C(4) The published notice shall contain the title and the number of the suit, the date of the arrest and identity of the property arrested, the name of the marshal, and the name and address of the attorney for the plaintiff. It shall also state that claimants must file their statement of interest in or right against the property pursuant to Rule C(6) with the clerk and serve them on the attorney for plaintiff within 15 days after the date of first publication, or within such further time as may be allowed by the court, and must serve their answers within 20 days after the filing of their statement of interest or right; that, if they do not, default may be entered and condemnation ordered; and that application for intervention under FRCvP 24, by persons claiming maritime liens or other interests may be untimely if not filed within the time allowed for claims to possession. [Amended December 11, 2001] LAR64.2 Release of Vessel or Property Under Admiralty Rule E(5)(c) LAR64.3 Movement of Vessels Under Seizure LAR64.4 Consent Guardian LAR64.5 Notices Eastern District Times-Picayune LAR64.6 Sales B. Confirmation. In all public auction sales of admiralty by the marshal of this court, the marshal shall require the last and highest bidder to whom the property is adjudicated to deposit a minimum of $500.00 or 10% of the bid, whichever is greater, in cash or certified check, or cashier's check on a local bank. In the event that the last and highest bid should be for an amount not in excess of $500.00, its full amount shall be paid at the time of adjudication. The balance, if any, of the purchase price shall be paid in cash or by certified or cashier's check on a local bank on or before confirmation of the sale by the court and within 10 days of the adjudication or dismissal of any opposition which may have been filed. At the conclusion of the auction, the marshal shall forthwith report to the court the fact of the sale, the price brought, and the name of the buyer, and the clerk shall endorse upon such report the time and date of filing. This report shall lie over for three days, exclusive of Saturdays, Sundays, and legal holidays. If within these three days no written objection is filed, the sale shall be confirmed as of course, provided that no sale shall be confirmed until the buyer shall have performed the terms of his purchase. In the event no opposition to the sale shall have been made, the cost of keeping the property pending confirmation shall be paid out of the proceeds of the sale; except that if the confirmation is delayed by the purchaser's failure to pay any balance which is due on the price, the cost of keeping the property shall be borne by the purchaser after the three-day period shall have lapsed. In the event an opposition to the sale is filed, the opponent shall be required to deposit with the marshal, in advance, cost of keeping the property pending the determination of the opposition by the court; in default of his making the advance, his opposition shall fail without affirmative action by the court. If the opposition fails, the cost of keeping the property during its pendency shall be borne by the opponent. At the auction, the marshal shall take, record, and report the cost, the name and address of the second highest bidder, and the amount of that second highest bid. In the event that the highest bidder fails to meet his or her financial obligation pertaining to his or her bid, the court may, with the approval of the party or parties at whose instance the sale has been ordered, and of the second highest bidder, confirm the sale to him or her. |
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LOCAL ADMIRALTY RULE 65.1 - SECURITY LAR65.1.1 Security for Costs LAR65.1.1 Security for Costs Whenever in these rules the filing of a bond or stipulation required or permitted, the party required or permitted to file such bond or stipulation may, in lieu thereof, deposit the requisite amount of money in the registry of the court as security. LAR65.1.2 Sureties Such approval shall not limit the right of a party to move, under Rule E(6) of the Supplemental Rules, FRCvP, to reduce the amount of surety given or to require new or additional sureties. |
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LOCAL CRIMINAL RULE 5 - INITIAL LCrR5.1E Automatic Referral of
Proceedings in Criminal Cases LCrR5.1E Automatic Referral
of Proceedings in Criminal Cases A. All
proceedings including trial and imposition of sentence in petty offense and other
misdemeanor cases, subject to the limitations of 18 USC 3401; Nothing in these rules shall preclude a judge from withdrawing the reference of any matter. LCrR5.1M Referral of Pre-trial
Proceedings in Criminal Cases LCrR5.1W Referral of
Pre-trial Proceedings in Criminal Cases LCrR5.2E Assignment of
Matters to the Magistrate Judge 1. Conduct
preliminary proceedings in criminal cases, pursuant to Rules 3 , 4, 5, 5.1, 40(b), and 41 of the Federal Rules of
Criminal Procedure; LCrR12.E Pretrial Motions Pretrial motions relative to discovery shall be filed within the time set by the magistrate judge, and shall be noticed for hearing on the motion day following the expiration of 15 days. The government shall file its response no later than eight calendar days before the scheduled hearing date. These discovery motions shall be accompanied by a certificate of counsel for the moving party stating that counsel have conferred in person or by telephone for the purpose of amicably resolving the issues and stating that they are unable to agree or stating that opposing counsel has refused to so confer after reasonable notice. Counsel for the moving party shall arrange the conference. [Adopted March 26, 2001] |
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LOCAL CRIMINAL RULE 12 - PRETRIAL MOTIONS LCrR12.E Pretrial Motions Pretrial motions relative to discovery shall be filed within the time set by the magistrate judge, and shall be noticed for hearing on the motion day following the expiration of 15 days. The government shall file its response no later than eight calendar days before the scheduled hearing date. These discovery motions shall be accompanied by a certificate of counsel for the moving party stating that counsel have conferred in person or by telephone for the purpose of amicably resolving the issues and stating that they are unable to agree or stating that opposing counsel has refused to so confer after reasonable notice. Counsel for the moving party shall arrange the conference. [Adopted March 26, 2001] LRCR12.1M Criminal Motion Practice All criminal motions shall comply with the provisions of Local Civil Rules 7, 10 and 11. [Adopted June 28, 2002] |
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LOCAL CRIMINAL RULE 23 - TRIAL BY JURY OR BY THE COURT LCrR23.1E & W Trial
by Jury |
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LOCAL CRIMINAL RULE 32 - SENTENCE AND JUDGMENT LCrR32.1E Sentencing LCrR32.1.1E Submission of Motions or Letters Requesting Departure from Sentencing Guidelines LCrR32.1E Sentencing B. Not less than 35 days prior to the date set for sentencing, unless the defendant waives this minimum period, the probation officer shall disclose the presentence investigation report to the defendant, counsel for the defendant and the Government. Within 14 days thereafter, counsel shall communicate in writing to the probation officer and each other any objections they may have as to any material information, sentencing classifications, sentencing guideline ranges, and policy statements contained in or omitted from the report. C. After receiving counsel's objections, the probation officer shall conduct any further investigation and make any revision to the presentence report that may be necessary. The officer may require counsel for both parties to meet with the officer to discuss unresolved factual and legal issues. D. Not later than seven days prior to the date of the sentencing hearing, the probation officer shall submit the presentence report to the sentencing judge. The report shall be accompanied by an addendum setting forth any objections counsel may have made that have not been resolved, together with the officer's comments thereon. At the same time, the probation officer must furnish the revisions of the presentence report and the addendum to the defendant, the defendant's counsel, and the attorney for the Government. E. Except with regard to any objection made under subdivision B that has not been resolved, the report of the presentence investigation may be accepted by the court as accurate. The court, however, for good cause shown, may allow a new objection to be raised at any time before the imposition of sentence. In resolving disputed issues of fact, the court may consider any reliable information presented by the probation officer, the defendant, or the Government. F. The times set forth in this rule may be modified by the court for good cause shown, except that the 14 day period set forth in subdivision B may be diminished only with the consent of the defendant. G. Nothing in this rule requires the disclosure of any portions of the presentence report that are not disclosable under Rule 32 of the Federal Rules of Criminal Procedure. As permitted by Rule 32 , the probation officer's recommendation on the sentence shall not be disclosed. H. The presentence report shall be deemed to have been disclosed: 1. when a copy of the report is physically delivered, A. In accordance with the provisions of Federal Rule of Criminal Procedure 32 , when a presentence investigation is ordered, defendant's counsel, upon request, is entitled to notice and a reasonable opportunity to attend any interview of the defendant by a probation officer in the course of a presentence investigation. B. Not less than 35 days prior to the date set for sentencing, unless the defendant waives this minimum period, the probation officer shall disclose the presentence investigation report to the defendant, counsel for the defendant and the Government. The presentence report is considered a confidential document and will be filed in the record under seal by the probation office at the time of the reportМs disclosure. Within 14 days thereafter, counsel shall communicate in writing to the probation officer and each other any objections they may have as to any material information, sentencing classifications, sentencing guideline ranges, and policy statements contained in or omitted from the report. C. After receiving counsel's objections, the probation officer shall conduct any further investigation and make any revision to the presentence report that may be necessary. The officer may require counsel for both parties to meet with the officer to discuss unresolved factual and legal issues. D. Not later than seven days prior to the date of the sentencing hearing, the probation officer shall file the presentence report in the court record, if the report is revised. The probation officer shall then file any addendum to the presentence report. E. Except with regard to any objection made under Fed.R.Cr.P.32(f) that has not been resolved, the report of the presentence investigation may be accepted by the court as accurate. The court, however, for good cause shown, may allow a new objection to be raised at any time before the imposition of sentence. In resolving disputed issues of fact, the court may consider any reliable information presented by the probation officer, the defendant, or the Government. F. The times set forth in this rule may be modified by the court for good cause shown, except that the 14 day period set forth in Fed.R.Cr.P.32(e)may be diminished only with the consent of the defendant. G. Nothing in this rule requires the disclosure of any portions of the presentence report that are not disclosable under Rule 32 of the Federal Rules of Criminal Procedure. As permitted by Rule 32 , the probation officer's recommendation on the sentence shall not be disclosed to anyone, other than the Court. H. The presentence report shall be deemed to have been disclosed one day after a copy of the report is filed electronically. [Amended June 28, 2002, November 24, 2009] LCrR32.1.1E Submission of Motions or Letters Requesting Departure from Sentencing
Guidelines LCrR32.1.2E Submission of Other Motions or Documents Connected with Sentencing All submissions, other than those referred to in LCrR32.1.1E, must be filed no later than five working days before sentencing and all responses must be filed no later than three working days before sentencing. [Adopted March 26, 2001] LCrR32.1W Sentencing B. After receiving counsel's objections, the probation officer shall conduct any further investigation and make any revision to the presentence report that may be necessary. The officer may require counsel for both parties to meet with the officer to discuss unresolved factual and legal issues. C. No later than seven (7) days prior to the date of the sentencing hearing, the probation officer shall submit the presentence report to the sentencing judge. The report shall be accompanied by an addendum setting forth any objections counsel may have made that have not been resolved, together with the officer's comments thereon. The probation officer shall certify that the contents of the report, including any revisions thereof, but excluding any sentencing recommendations, have been disclosed to the defendant and to counsel for the defendant and the Government, that the content of the addendum has been communicated to counsel, and that the addendum fairly states any remaining objections. D. Except with regard to any objection made under subdivision A that has not been resolved, the report of the presentence investigation may be accepted by the court as accurate. The court, however, for good cause shown, may allow a new objection to be raised at any time before the imposition of sentence. In resolving disputed issues of fact, the court may consider any reliable information presented by the probation officer, the defendant, or the Government. E. The times set forth in this rule may be modified by the court for good cause shown, except that any period may be diminished only with the consent of the defendant. F. As authorized by Federal Rules of Criminal Procedure 32 , this court directs that the probation officer not disclose the probation officer's recommendation of sentence to the defendant, the defendant's counsel, or the attorney for the Government. G. The presentence report shall be deemed to have been disclosed 1. when a copy of the report is physically delivered, |