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   

Except for the payment of fees or the initial deposit in an interpleader action, no money may be sent to the clerk or deposited in the registry of the court without an order from the presiding judge. Unless the presiding judge otherwise directs, money for damages, costs, expenses, attorney's fees, or sanctions, and any award made by order or judgment, shall be paid directly to the prevailing party or the party's attorney. The clerk shall not be responsible for any money sent to the clerk in contravention of this rule.

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 20 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 15 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 documentary (including an affidavit, declaration, deposition, answer to interrogatory, or admission) or non-documentary evidence to support or oppose objections filed under Fed. R. Civ. P. 72(a) must include such evidence 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) 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) 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) may file a reply brief within 10 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 documentary (including an affidavit, declaration, deposition, answer to interrogatory, or admission) or non-documentary evidence to support or oppose objections filed under Fed. R. Civ. P. 72(b) must include such evidence 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) 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, where the clerk has the capability to do so, by electronic transmission. To receive orders and judgments by electronic transmission, the attorney of record must sign an agreement form provided by the clerk, and must comply with the applicable procedures established by the clerk. 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. Maintenance of Files. The clerk shall maintain the original case file and docket sheet for each case filed in this district.
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.
   

Unless exempted by subsection (b) of this rule:

1. An ex parte document, or a document that a party desires be filed under seal, shall not be filed by the clerk under seal absent an order of a judge of the court directing the clerk to file the document under seal. 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. A party who desires to file a document under seal must at the time the document is presented to the clerk for filing either present a motion to file the document under seal or demonstrate that a judge has ordered that the document be filed under seal. If no judge has been assigned to a case in which a motion is filed, the clerk may direct the motion to the duty judge or to another judge of the court for consideration.
3. The clerk of court shall defer filing an ex parte document, or document that a party desires be filed under seal, until a judge of the court has ruled on the motion to file the document under seal.

2. The clerk shall file under seal any document that a statute or rule requires or permits to be so filed.

LR 79.4 Disposition of Sealed Documents   

Unless an order of the court otherwise directs, all sealed documents will be deemed unsealed 60 days after final disposition of a case. A party who 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 who remove a civil action from state court must provide the following to the clerk for filing:
   1. an original and one copy of a completed civil cover sheet;
   2. an original and one copy of a supplemental civil cover sheet; and
   3. an original and one copy of a notice of removal with a copy of each of the following attached to both the original and 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, individually tabbed and arranged in chronological order according to the state court file date; and
      4. A separately signed certificate of interested persons that complies with LR 3.1(f).
2. The documents that subsection (a) of this rule requires to be filed 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 20 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(f). If the plaintiff concurs in the accuracy of another party's previously-filed certificate, the plaintiff may adopt that certificate.

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