Rules - Local Rules

 
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CIVIL RULES

LR 62.1 Supersedeas Bond

Unless otherwise ordered by the presiding judge, a supersedeas bond staying execution of a money judgment shall be in the amount of the judgment, plus 20% of that amount to cover interest and any award of damages for delay, plus $250.00 to cover costs. The parties may waive the requirement of a supersedeas bond by stipulation.

LR 67.1 Deposit of Money in Court Registry    [Repealed 09-02-14]

LR 71A.1 Condemnation of Property

Where the United States files separate condemnation actions and a single declaration of taking relating to the separate actions, the clerk may establish a master file for the declaration of taking. The single declaration in such master file shall constitute a filing of the declaration in each individual action to which it relates.

LR 72.1 Briefing Practice Concerning Objections to Magistrate Judge Orders in Nondispositive Matters.

  1. Brief. Objections filed under Fed. R. Civ. P. 72(a) must be accompanied by a brief that sets forth the party’s contentions of fact and/or law, and argument and authorities, and complies with LR 7.2.
  2. Response Brief. A response brief to objections filed under Fed. R. Civ. P. 72(a) must comply with LR 7.2 and be filed within 21 days from the date the objections are filed.
  3. Reply Brief. Unless otherwise directed by the presiding judge, a party who files objections under Fed. R. Civ. P. 72(a) may file a reply brief within 14 days from the date the response brief is filed. The brief must comply with LR 7.2.
  4. Appendix Required. A party who relies on materials–including depositions, documents, electronically stored information, affidavits, declarations, stipulations, admissions, interrogatory answers, or other materials–to support or oppose objections filed under Fed. R. Civ. P. 72(a) must include the materials in an appendix that complies with LR 7.1(i)(2)-(4).
  5. Preparing the Record. A party who files objections under Fed. R. Civ. P. 72(a) is responsible for preparing the record and – if necessary for disposition of the objections – obtaining a hearing transcript. Unless otherwise directed by the presiding judge, the transcript must be filed contemporaneously with the objections.

LR 72.2 Briefing Practice Concerning Objections to Magistrate Judge Recommendations on Dispositive Motions and Prisoner Petitions.

  1. Brief. Objections filed under Fed. R. Civ. P. 72(b)(2) must be accompanied by a brief that sets forth the party’s contentions of fact and/or law, and argument and authorities, and complies with LR 7.2.
  2. Response Brief. A response brief to objections filed under Fed. R. Civ. P. 72(b)(2) must comply with LR 7.2.
  3. Reply Brief. Unless otherwise directed by the presiding judge, a party who files objections under Fed. R. Civ. P. 72(b)(2) may file a reply brief within 14 days from the date the response brief is filed. The brief must comply with LR 7.2.
  4. Appendix Required. A party who relies on materials–including depositions, documents, electronically stored information, affidavits, declarations, stipulations, admissions, interrogatory answers, or other materials–to support or oppose objections filed under Fed. R. Civ. P. 72(b)(2) must include the materials in an appendix that complies with LR 7.1(i)(2)-(4).
  5. Preparing the Record. A party who files objections under Fed. R. Civ. P. 72(b)(2) is responsible for preparing the record and – if necessary for disposition of the objections – obtaining a hearing transcript. Unless otherwise directed by the presiding judge, the transcript must be filed contemporaneously with the objections.

LR 77.1 Notice of Orders and Judgments

  1. Furnishing Copies of Orders and Judgments. Unless the presiding judge otherwise directs, the clerk shall furnish a copy of each order and judgment to counsel of record by first class mail or by electronic transmission. Where a party is represented by more than one attorney of record, the attorney designated in accordance with LR 77.1(b) or (c) shall receive copies of orders and judgments and distribute them to co-counsel for the same party who have not received a notice of electronic filing from ECF.
  2. Designation of Counsel to Receive Orders and Judgments. The clerk shall designate an attorney to receive copies of orders and judgments, in the following manner:
    1. the first attorney to sign a plaintiff's complaint;
    2. the first attorney to sign a defendant's initial responsive pleading;
    3. the first attorney to sign a removing party's notice of removal, and the first attorney listed on the civil cover sheet and/or supplemental civil cover sheet for the remaining parties; and
    4. the first attorney listed on the bankruptcy docket sheet for each party in a bankruptcy withdrawal or bankruptcy appeal.
  3. Change in Designation of Counsel. If the attorney designated to receive orders and judgments desires that another attorney be substituted for this purpose, the attorney must request substitution in the manner prescribed by the clerk.

LR 79.1 Case Files

  1. Official Record. The electronic version of a document maintained on ECF, or the paper version of a document not so maintained, is the official record of the court.
  2. Inspection of Files. Except as otherwise limited by rule or by court order, the electronic portion of an original file in a pending or closed case shall be available for public inspection in the clerk's office. The paper portion of an original file shall be available in the division where the case is filed, unless the file has been removed to a federal records center. The clerk shall not release the paper portion of a file from the clerk's custody without the permission of the presiding judge, or except as permitted by subsection (d) of this rule.

LR 79.2 Disposition of Exhibits

  1. Release While Case Pending. Without an order from the presiding judge, no exhibit in the custody of the court may be removed from the clerk's office while the case is pending.
  2. Removal or Destruction After Final Disposition of Case. All exhibits in the custody of the court must be removed from the clerk's office within 60 days after final disposition of a case. The attorney who introduced the exhibits shall be responsible for their removal. Any exhibit not removed within the 60-day period may be destroyed or otherwise disposed of by the clerk.
  3. Inspection of Closed Files. [Repealed 9-1-06]
  4. Copies of Files. Upon request, the clerk shall provide copies of the contents of case files, including transcripts of oral depositions and court proceedings. The clerk shall charge the fee established by the court for this service. When large numbers of copies are requested, the clerk is authorized to release the file to a commercial copying service, and to direct that the copy fee be paid directly to the service by the requesting party.
LR 79.3 Sealed Documents
  1. A party may file under seal any document that a statute or rule requires or permits to be so filed. The term "document," as used in this rule, means any pleading, motion, other paper, or physical item that the Federal Rules of Civil Procedure permit or require to be filed.
  2. If no statute or rule requires or permits a document to be filed under seal, a party may file a document under seal only on motion and by permission of the presiding judge.
    1. When a party files on paper a motion for leave to file a document under seal, the clerk must file the motion under seal. The party must attach as an exhibit to the motion a copy of the document to be filed under seal. The party must also submit with the motion the original and a judge's copy of the document to be filed under seal. The original of the document must neither be physically attached to the motion nor made an exhibit to the motion. If leave to file the document under seal is granted, the clerk must file the original of the document under seal.
    2. When a party files by electronic means a motion for leave to file a document under seal, the party may file the motion under seal and must attach the proposed sealed document as an exhibit. If leave is granted, the sealed document will be deemed filed as of the date of the order granting leave, or
      as otherwise specified by the presiding judge, and the clerk will file a copy of the sealed document.

LR 79.4 Disposition of Sealed Documents   

Unless the presiding judge otherwise directs, all sealed documents maintained on paper will be deemed unsealed 60 days after final disposition of a case. A party that desires that such a document remain sealed must move for this relief before the expiration of the 60-day period. The clerk may store, transfer, or otherwise dispose of unsealed documents according to the procedure that governs publicly available court records.

LR 80.1 Court Reporter's Fees [Repealed 9-1-04]   

LR 81.1 Required Form of Documents to be Filed Upon Removal

  1. The party or parties that remove a civil action from state court must provide the following to the clerk for filing:
    1. a completed civil cover sheet;
    2. a supplemental civil cover sheet; and
    3. if there is a "related case," as defined by LR 3.3(b)(3) or (b)(4), a notice of related case that complies with LR 3.3(a); and
    4. a notice of removal with a copy of each of the following attached to both the original and the judge's copy—
      1. an index of all documents that clearly identifies each document and indicates the date the document was filed in state court;
      2. a copy of the docket sheet in the state court action;
      3. each document filed in the state court action, except discovery material (if filed on paper, each document must be individually tabbed and arranged in chronological order according to the state court file date; if filed by electronic means, each document must be filed as a separate attachment); and
      4. a separately signed certificate of interested persons that complies with LR 3.1(c) or 3.2(e).
  2. If the documents listed in subsection (a) of this rule are filed on paper, they must be two-hole punched at the top, and either stapled in the upper, left-hand corner or secured at the top with durable fasteners if too thick to staple. If these documents are too voluminous to be filed as a single unit, each unit must be secured in the manner required by this subsection (b) and must contain a cover sheet that identifies the case by its caption and by the civil action number assigned by the clerk.

LR 81.2 Certificate of Interested Persons

Within 21 days after the notice of removal is filed, the plaintiff shall file a separately signed certificate of interested persons that complies with LR 3.1(c) or 3.2(e). If the plaintiff concurs in the accuracy of another party's previously-filed certificate, the plaintiff may adopt that certificate.

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