X. DISTRICT COURTS AND CLERKS

77.1 Clerk's Office

(a) Office Hours

The clerk's office will be open from 8:30 a.m. until 4:30 p.m. each day except Saturday, Sunday, and legal holidays.  A representative from the clerk's office will be available to consult with parties in trial from 8 a.m. to 5 p.m. each day except Saturday, Sunday, and legal holidays.  As used in this rule, "legal holiday" is defined in Fed. R. Civ. P. 6(a).

(b) Telephone Hours

The main telephone switchboard will be open between 8:30 a.m. and 4:30 p.m. on the days that the clerk's office is open.

(c) Computer Access

Access to the court's civil and criminal electronic docket, opinions, rules, and notices is available via the court’s web site (www.nhd.uscourts.gov).

History

(§ (c) amended 1/1/97, 1/1/00, 1/1/01; § (a) amended 12/1/09; § (b) amended 12/1/17)

77.2 Orders by Clerk of Court

The clerk may issue orders where authorized by the Federal Rules of Civil Procedure.  In addition, the clerk may issue the following without further direction of the court:

1. orders granting an application by an attorney to proceed pro hac vice to which no objection has been filed;

2. orders allowing substitution of counsel; and

3. orders granting assented-to, nondispositive motions that do not alter any previously established deadline.

77.3 Filings

(a) General

All documents shall be filed in accordance with these local rules and the Administrative Procedures for Electronic Filing.

(b) Confirmation of Filings

The clerk's office will not date stamp and return copies of filings.  Parties may confirm the filing of documents by referencing the date on the Notice of Electronic Filing or by using the court's computer access systems.

(c) 24-Hour Depository

A 24-hour depository box for filings is located at the south entrance to the Cleveland Building.  The depository has a built-in time and date stamp.

(d) Removal of Papers

Absent express permission of the court, papers filed in the clerk's office may not be removed by anyone other than an authorized court official or employee.

(e) Filings in Chambers

Original documents may not be filed in chambers.  If the Administrative Procedures for Electronic Filing require a pleading be conventionally filed and the party cannot file a necessary document or pleading forty-eight (48) hours before the scheduled proceeding, the party shall file an original and one (1) copy of the filing with the clerk's office.  The clerk's office will mark the copy "Court Information Copy" and give that copy to the court.  The clerk's office will retain and docket the original.

History

(§ (a) added, former §§ (a)-(d) relettered accordingly, new §§ (b) and (e) amended 1/1/08)

77.4 Bankruptcy

(a) Delegated Jurisdiction

Pursuant to 28 U.S.C. § 157(a), any or all cases under title 11, and any or all proceedings arising under title 11 or arising in or related to a case under title 11, shall be referred to the bankruptcy judges for the district.

(b) Local Rules of Bankruptcy Practice

Pursuant to B.R. 9029, the bankruptcy judges of this district are authorized to make such rules of practice and procedure as they may deem appropriate, subject to the requirements of Fed. R. Civ. P. 83, provided that in promulgating   the rules governing the admission or eligibility to practice in the bankruptcy court, the bankruptcy judges shall require district court admission except for pro se appearances or for appearances pursuant to the student practice rule of this court.

The bankruptcy judges, as officers of the court, are empowered to grant pro hac vice admission to the court for bankruptcy matters in the manner provided by these rules.

(c) Final Order or Judgment

If a bankruptcy judge determines that entry of a final order or judgment would not be consistent with Article III of the United States Constitution in a particular referred proceeding that is determined to be a core matter under 28 U.S.C. § 157, the bankruptcy judge shall hear the proceeding and submit proposed findings of fact and conclusions of law to the district court in compliance with Fed. Civ. R. 52(a)(1).

The district judge shall make a de novo review of any portion of the bankruptcy judge’s findings of fact or conclusions of law to which specific written objection has been made in accordance with the federal and local rules of bankruptcy procedure. The district judge may accept, reject, or modify the proposed findings of fact or conclusions of law, receive further evidence, or recommit the matter to the bankruptcy judge with instructions.  The district court may treat any order or judgment of the bankruptcy court as proposed findings of fact and conclusions of law in the event the district court concludes that the bankruptcy judge could not have entered a final order or judgment consistent with Article III of the United States Constitution.

(d) Appeals

(1) Bankruptcy Court Authorization

The bankruptcy court is authorized and directed under B.R. 8002(d) and 9006(d) to hear motions to extend the time for filing a notice of appeal. Bankruptcy court orders entered under this subsection may be reviewed by the district court on motion filed within fourteen (14) days after entry of the order sought to be reviewed.  Further, the district court may dismiss an appeal in which the appellant has failed to file a designation of items as required by B.R. 8006.

(2) Notice of Docketing and Briefing Schedule

Upon receiving the record or notice of its availability electronically, the clerk's office shall issue a confirming receipt of record.  Parties shall file briefs in accordance with the deadlines established in B.R. 8018. Unless leave is granted to extend the deadlines, the case is submitted to the assigned judge after the time for filing a reply brief has expired.

(3) Failure to Comply with Briefing Deadlines

If the appellant's brief is not received within the time specified by B.R. 8018, the court may impose an appropriate sanction, which may include dismissal of the appeal for lack of prosecution.

(4) Judgment

Upon receipt of the court's opinion, the clerk shall enter judgment in accordance with B.R. 8024(a) and provide notice of the judgment in accordance with B.R. 8024(b).

(5) Statement Regarding Interested Parties

Any party filing a brief, other than governmental parties, shall file a statement, attached to the last page of its brief and substantially in the form of Civil Form 7, indicating whether the party knows of any interested party who is not listed in the notice of appeal. The filing is excluded from the brief length limitations.

An "interested party" includes all persons, associations, firms, partnerships, corporations, guarantors, insurers, affiliates, or other legal entities that are financially interested in the outcome of the appeal. When a corporation is a party to an appeal, the Statement of Interested Parties shall identify any parent corporation and any publicaly held corporation that owns 10% or more of its stock or state that there is no such corporation. An individual listed is not necessary if a large group of persons or firms can be specified by a generic description. The Statement of Interested Parties shall include the names of attorneys who have previously appeared for a party in the case or proceeding below but who have not entered an appearance with the court on appeal.

(e) Cases and Proceedings Withdrawn by District Judge

A reference under this rule may be withdrawn in whole, or in part, by a district court judge sua sponte or on timely motion of a party.  The district court refers motions for withdrawal of reference to the bankruptcy court for a report and recommendation as to disposition.

Motions for withdrawal of reference shall be filed with the clerk of the bankruptcy court. The bankruptcy judge shall issue and file a report and recommendation and file it with the clerk of the bankruptcy court.  Copies of the report and recommendation shall be sent to the parties. The parties shall have fourteen (14) days from the date of the report and recommendation to file any objections thereto with the bankruptcy court.  Upon expiration of the period for objection, the bankruptcy court shall forward the necessary documents along with the recommendations and any objections thereto to the district court.  The district judge may accept, reject, or modify, in whole or in part, the recommendation of the bankruptcy judge and determine the disposition of the motion.

Upon filing of the report and recommendation of the bankruptcy court with the clerk of the district court, the motion and report and recommendation shall be assigned to a district court  judge.  A motion for withdrawal of reference shall not stay any bankruptcy matter pending before a bankruptcy judge, unless a specific stay is issued by a district court judge or a bankruptcy judge.

(f) Jury Trials

Provided all parties expressly consent, the bankruptcy judges of this district are authorized to conduct jury trials in those instances where a right to a jury trial attaches in a proceeding that may be heard by a bankruptcy judge under 28 U.S.C. § 157.

(g) Statistical Closing

The clerk's office shall statistically close any action stayed by court order because a party has filed a bankruptcy case.

History

(§§ (c)(1), (2) and (3) and § (d) amended 12/1/09; § (a) amended 12/1/11; added § (c), relettered (c) – (f) 12/1/13;§§ (d)(1)-(4) amended 12/1/15; § (d)(5) added 12/1/17)

77.5 Agreement with Districts of Rhode Island and Maine

When, due to recusal of the judges of this district, a complaint is referred to a judge in either the District of Rhode Island or the District of Maine or when a judge of this district is designated to preside over a case filed in either of those districts due to recusal of the judges in those districts, the following procedures apply.

(1) The originating court shall retain jurisdiction over the case and enter final judgment.  Local rules of the originating court shall govern the case unless otherwise ordered by the judge who is presiding by designation.

(2) Conferences, hearings, and pretrials may be held in either district.  Jury trials must be held in the district of the originating court.

(3) Parties must make original filings with the clerk's office in the originating court.

(Title, first paragraph, §§ (a)(3) and (b) amended 1/1/02; § (a) heading deleted; former § (a)(3) amended, § (b) omitted 1/1/08)

77.6 Communications With Judicial Officers

Unless the court orders otherwise, parties and their counsel shall not correspond or otherwise communicate with a judge or magistrate judge regarding a pending matter unless all other parties are present or have expressly consented.  Communications with the court shall be by appropriate application or by motion filed with the clerk's office in compliance with the rules.

(Amended 1/1/00)

80.1 Record of Proceedings

(a) Attendance at Hearings

The clerk's office will arrange for records to be made of trials, hearings on temporary restraining orders, hearings on preliminary injunctions, criminal proceedings, and pro se hearings.  Parties may request the clerk's office to make a record of any other proceeding no later than two (2) days prior to the proceeding.

(b) Requests for Transcripts

Any person may purchase a written transcript of court proceedings from the court reporter or, for proceedings held in courtroom B, a copy of the tape from the clerk's office. The court reporter or clerk's office shall notify all named parties to the action of such a request.

(c) Fees

A current schedule of fees, as established by the Judicial Conference, is posted in the clerk's office and is available from the official court reporters.

History

(§ (b) amended 1/1/00; (§ (b) amended 12/1/15)