December 1, 2011

I. SCOPE OF THE RULES

1.1 General Rules

1. Title and Citation.
2. Effective Date.
3. Relationship to Prior Rules.
4. Construction.
5. Numbering.
6. Scope.
7. Definitions.

1.2 Availability; Amendments of Local Rules

1. Availability.
2. Amendments.

1.3 Sanctions; Relief From Failure to Comply

1. Sanctions.
2. Relief From Failure to Comply.

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II. COMMENCEMENT OF ACTION, SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS

3.1 Civil Cover Sheet
4.1 Summons; Waiver of Service for Summons
4.2 In Forma Pauperis Applications

1. Financial Information.
   1. All Applications.
   2. Applications by Institutionalized Persons.
2. Eligibility for In Forma Pauperis Status.
3. Filing Fee.
   1. Nonincarcerated Persons.
   2. Incarcerated Persons.
      1. Initial Partial Filing Fee.
      2. Balance.
4. Objections.
5. Multiple Plaintiffs.
6. Recision of Leave to Proceed In Forma Pauperis.
7. Litigation Expenses.

4.3 Pro Se Filings

1. Scope.
2. Compliance with Other Rules.
3. Filings.
4. Responsibilities of Clerk's Office and Magistrate Judge.
   1. Nonincarcerated Plaintiffs and Removal Defendants.
      1. Filing Fee Paid.
      2. In Forma Pauperis
   2. Incarcerated Plaintiffs.
5. Pleadings Filed by Represented Parties.

4.4 Payment of Fees
5.1 Format and Service of Filings

1. Size and Format.
   1. Unbound Conventional Paper Filings
   2. Requirements for Appendices.
2. Identification of Attorney.
3. Identification of Filings.
4. Certificate of Service.
5. Facsimile Filings.
6. Affidavits.
7. Removed Actions.
8. Translations Required.

5.2 Nonconforming Filings
5.3 Citation Format for Opinions Issued by This Court

1. Reported Opinions.
2. Unreoprted Opinions Published on the Court's Web Site.
3. Other Opinions.

5.4 Filing and Service by Electronic Means

1. Filing.
2. Service.

6.1 Time Computation

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III. PLEADINGS AND MOTIONS

7.1 Motions

1. Form.
   1. Title and Content.
   2. Memorandum and Supporting Documents.
   3. Length of Memorandum.
2. Time for Response.
3. Concurrence.
4. Oral Argument.
5. Reply or Surreply Memorandum.
   1. Dispositive Motions.
   2. Nondispositive Motions.
   3. Surreply Memorandum.
6. Requests for Expedited Treatment.

7.2 Specified Motions

1. Motions to Extend Time.
2. Summary Judgment Motions.
   1. Memorandum in Support.
   2. Memorandum in Opposition.
3. Motions to Strike.
4. Motions for Continuance of Trials.
5. Motions for Reconsideration.

7.3 Hazardous Pleadings and Exhibits
7.4 Habeas Corpus Petitions under 28 U.S.C. § 2254
7.5 Disclosure Statement

1. Form of Filing.
2. Additional Information.
3. Partnerships and Limited Liability Companies.
4. Time for Filing in Removal Actions.

8.1 [Reserved]
9.1 Social Security Cases
9.2 Requests for Three-Judge Court

1. Notification of Request.
2. Failure to Comply.

9.3 Individuals with Disabilities Education Act (IDEA) Cases

1. The Administrative Record.
2. Filing of the Administrative Record.
3. Evidentiary Hearings.
4. Joint Statement of Material Facts.
5. Decision Memoranda.

9.4 Cases under §502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B)

1. The Administrative Record.
2. Joint Statement of Material Facts.
3. Decision Memoranda.
4. Discovery and Trial.

9.5 Electronic Case Filing Rules
9.6 Patent Cases

15.1 Motions to Amend

1. Motions.
2. Amended Pleadings.

16.1 Preliminary Pretrial Conferences

1. Scheduling.
2. Subjects for Consideration.

16.2 Final Pretrial Statements

1. Contents
2. Documents to Accompany Final Pretrial Statements.
   1. Requests for Jury Instructions.
   2. Trial Memoranda and Requests for Findings of Fact and Rulings of Law.
   3. Motions in Limine.
   4. Voir Dire Requests.
   5. Proof of Special Damages.
3. Duty to Update.
4. Objections.

16.3 Final Pretrial Conferences

1. Scheduling.
2. Attendance.
3. Subjects for Consideration.
4. Objection to Videotape Testimony.

16.4 Altering Deadlines

1. Deadlines Established by the Court.
2. Discovery Deadlines.

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IV. PARTIES

17.1 Settlements on Behalf of Minors
23.1 Class Actions

1. Designation.
2. Settlements.
   1. Form and Filing of Proposed Settlement.
   2. Joint Motion for Preliminary Approval and Proposed Notice Order.
   3. Joint Motion for Final Approval and Proposed Order.
   4. Motion for Attorney's Fees.

24.1 [Reserved]

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V. DEPOSITIONS AND DISCOVERY
26.1 Discovery Plan
37.1 Motions to Compel; Motions for Protective Order

1. Form.
2. Procedure Following Resolution of Objections.

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VI. TRIALS

38.1 Notation of Jury Demand
39.1 Courtroom Practice

1. Conduct of Counsel.
2. Pre-View Statements.
3. Opening Statements.
4. Examination of Witnesses.
5. Closing Arguments.
6. Length of Trial.
   1. Trial Day.
   2. Limits on Length of Trial.

39.2 Continuances
39.3 Views
40.1 Assignment of Cases to Tracks

1. Assignment.
   1. Administrative.
   2. Expedited.
   3. Standard.
   4. Complex.
2. Time of Assignment.

40.2 Assignment of Remanded Cases

1. Further Proceedings.
2. Nonjury Trial.
3. Jury Trial.
4. Resentencing.

41.1 Settlements
42.1 Related Cases

1. Defined.
2. Notice.
3. Consolidation by Court.
4. Consolidation by Parties.
5. Order of Consolidation.

45.1 Bench Warrants
45.2 Witnesses in Cases Proceeding In Forma Pauperis

1. In General.
2. Subpoena Costs.

45.3 Writs of Habeas Corpus
45.4 Witnesses in Cases With Pro Se Litigants
45.5 Attorneys as Witnesses
47.1 Dissemination of Juror Questionnaire
47.2 Jury Selection

1. Examination of Jurors and Challenges for Cause.
2. Jury Panel.
3. Peremptory Challenges.
4. Foreperson.

47.3 Communications with Jurors
48.1 Number of Jurors
53.1 Alternative Dispute Resolution (ADR)

1. ADR Considered.
2. Summary Jury Trial.
   1. How Set.
   2. Procedure.
3. Mediation.
   1. Discovery Plan.
   2. Mediation Program.

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VII. JUDGMENT
54.1 Bill of Costs

1. In General.
2. Form and Content.
3. Objections.
4. Hearing.
5. Concurrence.
6. Review.

54.2 Assessment of Juror Costs
55.1 Default

1. Entry by Clerk.
2. Damages.

62.1 Supersedeas Bonds

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VIII. PROVISIONAL AND FINAL REMEDIES
65.1 Draft of Temporary Restraining Order or Preliminary Injunction
65.1.1 Sureties

1. Members of Bar; Court Officers.
2. Form of Bond.
3. Security.
4. Deposits of Cash or Obligations of the United States.
5. Corporate Surety
6. Personal Surety Secured by Real Estate.
   1. Procedure for Posting Real Estate Bond.
   2. Execution of Bond and Deposit of Deed.
   3. Attachment.
7. Approval of Bond.
8. Service.
9. Modification of Bond.
10. Further Security.
11. Discharge.

67.1 Security for Costs

1. In General.
2. Failure to Furnish Security.
3. Exemptions.

67.2 Deposit of Registry Funds Into Interest-Bearing Account

1. Receipt of Funds.
2. Investment of Registry Funds.
   1. Court Registry Investment System.
   2. Other Investments and Instruments.
3. Registry Maintenance/Investment Fee.
1. Authorized Deduction.
2. Fee Exemption.
3. Funds Disbursed to United States, Agencies or Officials Thereof.
4. Cash Bail.

67.3 Withdrawal of Deposit in Interest-Bearing Account
67.4 Form of Payment Accepted
67.5 Qualified Settlement Funds

1. Definition.
2. Procedure for Establishment of Fund.
3. Interest Income.
4. Withdrawal.
5. Assistance to Administrator.

69.1 Writs of Execution; Related Proceedings

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IX. SPECIAL PROCEEDINGS
72.1 Duties of Magistrate Judge
72.2 Response to Objection to Magistrate Judge Order on Nondispositive Matter
73.1 Assignment of Cases to Magistrate Judge

1. Designated Jurisdiction.
2. Methods of Assignment.
   1. Reassignment Following Request of Parties
   2. Initial Assignment by the Clerk.
      1. Notification of Initial Assignment.
      2. Consent.
3. Construction With Other Laws.

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X. DISTRICT COURTS AND CLERKS
77.1 Clerk's Office

1. Office Hours.
2. Telephone Hours.
3. Computer Access.

77.2 Orders by Clerk of Court
77.3 Filings

1. General.
2. Confirmation of Filings.
3. 24-Hour Depository.
4. Removal of Papers.
5. Filings in Chambers.

77.4 Bankruptcy

1. Delegated Jurisdiction.
2. Local Rules of Bankruptcy Practice
3. Appeals.
   1. Bankruptcy Court Authorization.
   2. Notice of Docketing and Briefing Schedule.
   3. Failure to Comply with Briefing Deadlines.
   4. Judgment.
4. Cases and Proceedings Withdrawn by District Judge.
5. Jury Trials.
6. Statistical Closing.

77.5 Agreement with Districts of Rhode Island and Maine
77.6 Communications With Judicial Officers
80.1 Record of Proceedings

1. Attendance at Hearings.
2. Requests for Transcripts.
3. Fees.

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XI. GENERAL PROVISIONS
81.1 Removal Actions

1. Answer.
2. Refiling Motions.
3. Certified Copy of State Court Record.
4. Remand.

83.1 Bar of District Court

1. Eligibility.
2. Procedure for Admission.
3. Special Admissions.
4. Reinstatement After Taking Inactive Status or Resigning.
5. Continued Membership.

83.2 Practice by Persons Not Members of the Bar of This Court

1. Attorneys for the United States.
2. Pro Hac Vice Admissions.
   1. Supporting Affidavit.
   2. Fee for Admission.
3. Appearance in Court by Law Students and Graduates.
4. Other Persons.

83.3 Conferred Disciplinary Jurisdiction
83.4 Promulgation of Disciplinary Rules
83.5 Disciplinary Rules
    DR-1 Standards for Professional Conduct.
    DR-2 Attorneys Convicted of Crimes.
    DR-3 Discipline Imposed By Other Courts.
    DR-4 Disbarment on Consent or Resignation in Other Courts
    DR-5 Misconduct.
    DR-6 Disciplinary Proceedings.
    DR-7 Disbarment on Consent While Under Disciplinary Ivestigation or Prosecution.
    DR-8 Reinstatement.
    DR-9 Service of Complaint, Papers and Other Notices.
    DR-10 Duties of the Clerk.
    DR-11 Pubic Access and Confidentiality.
    (a)Publicly Available Records.
    (b)Respondent's Request.
    DR-12 Jurisdiction.
83.6 Appearances

1. By Counsel.
2. By Individuals.
3. By Corporations.
4. Withdrawals.
5. Change of Address.

83.7 Photographing; Broadcasting; Televising

1. Prohibition.
2. Persons Visiting Agencies in the James C. Cleveland Federal Building.
3. Exceptions.

83.8 Provisions for Special Orders in Widely Publicized and Sensational Cases
83.9 Courthouse Security
83.10 Pending Matters in Stayed Cases
83.11 Sealed Documents

1. Filings,Orders,and Docket Entries.
2. Levels of Filings, Orders,and Docket Entries.
   1. Level I
   2. Level II
3. Motions to Seal.
4. Filing Procedures

83.12 Judicial Misconduct
83.13 Exhibits and Witness List

1. Premarking.
2. Custody.
3. Disposition.
4. Appeals.
5. Photographs of Chalks.
6. Witness List.

83.14 Courtroom Technology

83.15 Jury Evidence Recording System

1. Production of Exhibits in Electronic Format.
2. Confirmation of Exhibits Released to Jury for Deliberations.
3. Integrity of Deliberation Process.

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APPENDIX OF FORMS, CIVIL
Civil Form 1, Civil Case Management Deadlines
Civil Form 2, Sample Discovery Plan
Civil Form 3, Corporation Disclosure Form

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XII. CRIMINAL RULES
1.1 General Rules

1. Title and Citation.
2. Effective Date.
3. Numbering.
4. Scope.

6.1 Grand Jury Security
10.1 Trial Date
10.2 Complex Cases
10.3 Post-Arraignment Meeting
11.1 Entry of Guilty Plea Without Agreement
12.1 Motion Practice

1. Discovery Motions.
2. Dispositive and Evidentiary Motions.
3. Motions in Limine.
4. Motions for Continuance of Trial.
5. Objections.

12.2 [reserved]
12.3 [reserved]
12.4 Disclosure Statement

1. Nongovernmental Corporate Parties; Partnerships; Limited Liability Companies.
   1. Form of Filing.
   2. Additional Information.
   3. Partnerships and Limited Liability Companies.
2. Organizational Victims.
1. Form of Filing.
2. Additional Information.
3. Partnerships and Limited Liability Companies.

16.1 Routine Discovery

1. Criminal Record Report.
2. Material Discoverable Pursuant to Fed. R. Crim. P. 16.
   1. By the Government.
   2. By the Defendant.
   3. Expert Witnesses and Report/Summaries.
3. Electronic Communications.
4. Exculpatory and Impeachment Material.
5. Witness Statements.
6. Fed. R. Evid. 404(b) Material.
7. Exhibits/JERS Statement.
8. Witness Lists.

16.2 Due Diligence and Duty to Supplement
16.3 Motions Seeking Routine Discovery
17.1 Subpoenas

1. Request for Issuance.
2. Service.
3. Payment.

17.1.1 Final Pretrial Conference
24.1 Jury Selection
26.1 [Reserved]
30.1 Jury Instructions
32.1 Guideline Sentencing

1. Generally.
2. Presentence Investigation Report.
3. Written Version of Facts.
4. Disclosure of Presentence Investigation Report.
5. Objections to Presentence Investigation Report.
6. Revised Presentence Investigation Report and Addendum.
7. Disclosure of Revised Presentence Investigation Report and Addendum.
8. Nondisclosure to Parties of Probation Officer's Recommendation.
9. Deviations and Sentencing Memoranda.

32.2 Conditions of Probation and Supervised Release
32.3 [reserved]
32.4 Repayment of Financial Obligations
40.1 Commitment to Another District
44.1 Assignment of Counsel

1. Appointments.
2. Filing of Voucher for Fees and Expenses.
3. Claim for Excess Fees and Expenses.

44.2 [reserved]
44.3 Withdrawal of Appearances
45.1 Computation of Time
46.1 Conditions of Bail
48.1 Dismissal
57.1 Release of Information in Criminal Cases

1. By Counsel.
2. By Courthouse Personnel.

57.2 Renumbered to LCrR 12.4(a) 1/1/03
57.3 Renumbered to LCrR 12.4(b) 1/1/03
58.1 Procedure for Misdemeanors and Other Petty Offenses; Payment in Lieu of Collateral

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APPENDIX OF FORMS, CRIMINAL
Criminal Form 1, Criminal Case Deadlines
Criminal Form 2, Corporation Disclosure Statement
Criminal Form 3, Organizational Victim Statement

APPENDIX OF SUPPLEMENTAL RULES
Supplemental Rules for Electronic Case Filing
Supplemental Rules for Patent Cases

Subject Matter Index : Local Rules