NOTICE OF AMENDMENTS TO UNIFORM LOCAL RULES Pursuant to Rule 83 of the Federal Rules of Civil Procedure, Public Notice is hereby given of proposed amendments to the Uniform Local Rules of the United States District Courts for the Eastern, Middle and Western Districts of Louisiana. The proposed amendments are listed below. LCrR12.E and LCrR32.1.2E are newly proposed rules. LR47.5E is amended by the deletion of the lined portions and the addition of the underlined portions. 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 why 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. 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. LR47.5E Interviewing Jurors A. No juror has any obligation to speak to any person about any case and may refuse all interviews or comments; 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 other person 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. Comments may be made in writing addressed to the Clerk of Court before March 23, 2001. You may access this notice and the court's notice of amendments to Local Rule 26 at the court's web site (www.laed.uscourts.gov). February 21, 2001 Loretta G. Whyte, Clerk
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February 21, 2001
February 12, 2001
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January 29, 2001
NOTICE TO MEMBERS OF THE BAR DEMONSTRATIONS OF THE COURT'S EVIDENCE PRESENTATION SYSTEM The clerk's office for the United States District Court for the Eastern District of Louisiana is offering demonstrations of the court's new electronic evidence presentation system and an explanation of its basic use and function. We believe this will be invaluable to attorneys practicing in the Eastern District of Louisiana. The presentations will be conducted in the courtroom of the Honorable Sarah S. Vance, United States District Judge, Room C-279. Sessions will last approximately 30 minutes and are scheduled for the dates and times listed below. Space is limited, so please contact Cindy Brantley or Dawn Fanning at 589-7650. Friday, March 2, 2001 10:00 a.m. and 2:00 p.m. Friday, March 9, 2001 10:00 a.m. and 2:00 p.m. Friday, April 6, 2001 10:00 a.m. and 2:00 p.m. Friday, April 20, 2001 10:00 a.m. and 2:00 p.m. January 26, 2001 Loretta G. Whyte, Clerk
January 29, 2001
NOTICE A revised schedule of fees for the United States District Court (attached) becomes effective February 1, 2001. The changes outlined in the new fee schedule resulted from the President signing the Federal Courts Improvement Act of 2000 which includes provisions that affect the fee schedules for appelate, district, and bankruptcy courts. Listed below are the new fees. Miscellaneous Filing Fee from $20 to $30 Record Search from $15 to $20 Certification of Any Document from $5 to $7 Exemplification Certificate from $10 to $14 Magnetic Tape Recording from $15 to $20 Microfiche Sheet of Film from $3 to $4 NSF Check from $25 to $35 The $150 fee to file a new civil action and the $105 fee to file a notice of appeal in a civil or criminal case remain the same. January 29, 2001 Loretta G. Whyte, Clerk Attachment: District Court Miscellaneous Fee Schedule
December 1, 2000
NOTICE TO THE BAR December 1, 2000 Among other recent amendments, the Federal Rules of Civil Procedure include requirements for mandatory initial disclosures (Rule 26(a)(1)) and early planning meetings of counsel (Rule 26(f)), a prohibition of certain Local Rule "opt out" provisions, a presumptive limit on the time duration of depositions, and a change in the Rule 26(b)(1) scope of discovery. The order of the United States Supreme Court adopting the amendments provides that they took effect on December 1, 2000, and "shall govern all proceedings in civil cases thereafter commenced and, insofar as just and practicable, all proceedings in civil cases then pending." In light of this order, the judges of this court have studied the amendments and their relationship to our Local Rules and determined en banc that our approach to their application in this court will be as follows: Absent a showing of exceptional circumstances sufficient to support an order of the presiding judge in a particular case, the amendments to Rule 26(a)(1) (requiring early disclosure of certain information without any discovery request and prohibiting district courts from "opting out" by local rule from the disclosure requirement), Rule 26(d) (prohibiting district courts from "opting out" by local rule from the early bar of commencement of discovery), and Rule 26(f) (prohibiting district courts from "opting out" by local rule from the requirement that counsel meet and submit a report to the court concerning a discovery and case management plan) will not be applied to cases pending on or before December 1, 2000. These particular amendments are all designed and intended to occur in the early stages of litigation. The vast majority of cases pending on or before December 1, 2000 will have passed the stage at which the procedures mandated by the amendments to these three rules will be beneficial to development of such cases. Accordingly, this court has concluded that application of the amendments to Rules 26(a)(1), 26(d) and 26(f) to cases pending in this court on or before December 1, 2000 would not be "just and practicable," and the rules applicable prior to that date will be applied in this court to such cases, absent exceptional circumstances. As to the remaining amendments, this court has determined that no general approach is advisable. For example, applying the new Rule 30(d)(2) presumptive seven-hour, one-day limit on depositions may not be just and practicable in a pre-December 1, 2000 case in which numerous depositions have already been conducted without being subject to the deposition time limit. On the other hand, applying the limit to a case filed before the effective date, but in which deposition discovery has not yet commenced, may be just and practicable. Similarly, it may be that the new distinction between attorney-managed discovery and court-managed discovery included in amended Rule 26(b)(1) would not justly and practicably be applied to a pre-December 1, 2000 case in which discovery rulings under the old standard have previously been made. On the other hand, the new scope of discovery standard in amended Rule 26(b)(1) might justly and practicably be applied, even in a case pending before December 1, 2000, if no discovery has been conducted, or if the Court has not yet made rulings concerning the scope of discovery in that case. Accordingly, this court has determined that, unlike the amendments to Rules 26(a)(1), 26(d) and 26(f), the applicability of all other amendments to the Federal Rules of Civil Procedure to cases pending on or before December 1, 2000 will be determined by each judge on a case-by-case basis. The amendments have various effects on the continued viability and necessity of certain of this court's Local Rules. The bar is hereby notified that the judges of this court recognize that the most recent amendments to the Federal Rules of Civil Procedure abrogate Local Rules 26.3E(A) and 26.4E as to all cases commenced after December 1, 2000. Our Court is in the process of reviewing our Local Rules, determining what revisions may be advisable in light of recent amendments to the Federal Rules of Civil Procedure. Proposed Local Rules amendments, if any, will be published and submitted to the bar for input and comment before adoption, consistent with the procedures concerning Local Rules that have been employed in the past. Adopted by the Judges of the Eastern District of Louisiana at the en banc meeting of the Court December 13, 2000.
November 16, 2000
NOTICE TO MEMBERS OF THE BAR DEMONSTRATIONS OF THE COURT'S EVIDENCE PRESENTATION SYSTEM The clerk's office for the United States District Court for the Eastern District of Louisiana is offering demonstrations of the court's new electronic evidence presentation system and an explanation of its basic use and function. We believe this will be invaluable to attorneys practicing in the Eastern District of Louisiana and their staffs. The presentations will be conducted in the courtroom of the Honorable Sarah S. Vance, United States District Judge, Room C-279. Sessions will last approximately 30 minutes and are scheduled for the dates and times listed below. Space is limited, so please contact Cindy Brantley or Dawn Fanning at 589-7650. Friday, January 5, 2001 10:00 a.m. and 2:00 p.m. Thursday, January 11, 2001 10:00 a.m. and 2:00 p.m. Friday, January 12, 2001 10:00 a.m. and 2:00 p.m. Friday, January 19, 2001 10:00 a.m. and 2:00 p.m. Friday, January 26, 2001 10:00 a.m. and 2:00 p.m. Friday, February 9, 2001 10:00 a.m. and 2:00 p.m. Friday, February 23, 2001 10:00 a.m. and 2:00 p.m. November 16, 2000 Loretta G. Whyte, Clerk
September 29, 2000
NOTICE TO MEMBERS OF THE BAR IMAGES OF CERTAIN COURT DOCUMENTS NOW AVAILABLE The United States District Court for the Eastern District of Louisiana has a new version of WebPacer, Public Access to Court Electronic Records, via the web. The new version of WebPacer has two new features: 1. The capability to view and print images of the court orders, minute entries and judgments that have been entered in civil and criminal cases since January 1997. 2. The capability to view and print only the most recent docket events or a range of docket events for a specified case. The cost to view and print docket events or documents in a case is $0.07 per page. This fee is the same as provided in previous versions of WebPacer. The court's WebPacer site is reached from your web browser at http://pacer.laed.uscourts.gov/. If you have yet to obtain a PACER account, visit the PACER Service Center web site at http://pacer.psc.uscourts.gov/register.html or call the PACER Service Center at (800) 676-6856. We hope you find these new features helpful. September 29, 2000 Loretta G. Whyte, Clerk
September 12, 2000
NOTICE TO: MEMBERS OF THE BAR OF THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT The Fifth Circuit is updating its attorney database. As of September 1, 2000, we mailed over 60,000 bar membership renewal questionnaires to the last known addresses of all the lawyers in our attorney database. Attorneys have until October 16th to respond to the court, or their bar membership will be terminated. There is no cost to renew bar membership if done before October 16th. Attorneys seeking to renew after October 16th must pay a $50.00 admission fee. Many of the addresses in our database are invalid because of retirements from practice, changes of names, and moves to new locations, etc. without providing this information to our office. We are publishing this notification to give maximum publicity to our database update. If you are a member of the bar of this court, AND by September 10th did not receive a letter from the clerk's office asking you to complete a bar membership renewal questionnaire, AND wish to remain a member of this court's bar, you need to contact the court. You may do so by: 1. Completing the bar membership renewal questionnaire on the Internet web site: www.ca5.uscourts.gov/attypurg; or, 2. Writing to us providing your: last name, first name and middle initial, along with any suffix, i.e. "Jr." or "III"; any title, i.e. Assistant U.S. Attorney"; company, organization or law firm; street address (not just a post office box number); suite or room number, if any; city, state and zip code; telephone and fax numbers; social security number; and your e-mail address, if any. Mail your updated information to: Clerk, U.S. Court of Appeals for the 5th Circuit ATTN: Attorney Admissions - RENEWALS 600 Camp Street New Orleans, LA 70130
June 19, 2000
NOTICE OF AMENDMENT TO UNIFORM LOCAL RULES Pursuant to Rule 83 of the Federal Rules of Civil Procedure, public notice is hereby given of the proposed amendments to the Uniform Local Rules of the United States District Courts for the Eastern, Middle, and Western Districts of Louisiana. It is proposed that the following local rules be amended to read as follows. New language is underlined, old language is lined through. LR10.1E Form: Statement Regarding Filing of Papers All papers drafted for filing in this court shall be on 8½ by 11 inch paper, plainly written or printed without defacing erasures or interlineations, and shall be double spaced, except that quotations and footnotes may be single spaced. If a document consists of more than three (3) pages, each page of the document shall bear a sequential number, beginning with "1" for the first page. 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. LR83.2.2E Eligibility 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 these courts the Eastern District of Louisiana. LR83.2.3E Procedure for Admission A. Each applicant for admission to the bar of this court shall file with the clerk a written petition signed by him or her and endorsed by two members of the bar of this court listing the applicant's residence and office address, his or her general and legal education, the courts that have admitted him or her to practice, and stating that the applicant is qualified to practice before this court, is of good moral character, and is not subject to any pending disbarment or professional discipline procedure in any other court. If the applicant has been convicted of a felony or has previously been subject to any disciplinary proceedings, full information about the conviction or about the disciplinary proceedings, including the charges and the result will be given. 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. Comments may be made in writing addressed to the Clerk of Court before July 17, 2000.
January 7, 2000
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