Existing Rule with Highlighted Amendments New Rules LOCAL CIVIL - - PowerPoint PPT Presentation

Existing Rule with Highlighted

Amendments

New Rules

LOCAL CIVIL RULE 5 - SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS (c) Filing of Extraordinary Pleadings. The attorneys filing any pleading of an extraordinary nature (e.g., temporary restraining

• rders, vessel seizures, writs of attachment, and other pleadings

requiring immediate j udicial action) shall make themselves available by telephone to the Judge to whom the matter is assigned and shall provide a current cellular telephone number on the pleading. LR5(c) - SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS (c) shall make themselves available by telephone to the Judge to whom the matter is assigned and shall provide a current cellular telephone number on the pleading.

LOCAL CIVIL RULE 5 - SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS (f) Certificate of Service. (3) The certificate of service must identify the method of service upon each party. LR5(f)(3) - Certificate of Service: The certificate of service must identify the method of service upon each party.

LOCAL CIVIL RULE 7 - PLEADINGS ALLOWED; FORM OF MOTIONS

(g) Memoranda. All initial memoranda filed by a party (including briefs, memoranda in support of a motion, and appeals to District Judges) shall be limited to twenty pages excluding attachments. S ubsequent memoranda (including memoranda in response or in

• pposition),

if any, shall not exceed ten pages excluding attachments. The form

• f

the memorandum shall comply with LR10(a). Reply and surreply memoranda, if permitted, shall be limited to five pages. Leave of Court must be obtained to file memoranda in excess of the limit above.

LR7(g) - Memoranda: Page limit at ions for memoranda are as follows: Init ial (20 pages); S ubsequent (10 pages); Reply and S urreply, if filed by leave of Court (5 pages).

LOCAL CIVIL RULE 11 - SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS; REPRESENTATIONS TO COURT; SANCTIONS (a) Signing of Pleadings, Motions and Other Papers. (1) Every pleading, motion, or other document presented for filing shall, in accordance with the Federal Rules

• f

Civil Procedure, be signed by counsel admitted to practice before this

• Court. If the document is submitted by a pro hac vice attorney,

the document must also be signed by local counsel associated with such pro hac vice attorney in accordance with LR83(b)(8). LR11(a)(1)- Signing of Pleadings, Motions and Other Papers If the document is submitted by a pro hac vice attorney, the document must also be signed by local counsel associated with such pro hac vice attorney in accordance with LR83(b)(8).

LR16(c) - Notice of Settlement: Joint Notice of Settlement must be signed by Plaintiff's counsel and filed into the record. LOCAL CIVIL RULE 16 - PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT

(c) Notice

• f

Settlement. Whenever a civil case is set t led

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• t herwise disposed of, counsel shall immediat ely file a Joint Not ice of

S et t lement , signed by counsel for Plaint iff, int o t he record. Addit ionally, counsel shall immediat ely inform t he Clerk's office, t he Judge t o whom t he case is assigned, and shall comply wit h LR45(b) relat ive t o all persons subpoenaed as wit nesses. If a civil case is set t led as t o fewer t han all of t he part ies or all of t he claims, t he Joint Not ice shall also set fort h t he remaining part ies and unset t led claims. The Joint Not ice may also include a request for a condit ional order of dismissal, allowing for reinst at ement

• f t he mat t er if t he set t lement is not consummat ed wit hin t he t ime st at ed

in t he order of dismissal.

LR65 - Injunctions and Restraining Orders: Applicat ions for inj unct ions

• r TROs shall be made in a document separat e from complaint or else

may not be considered by t he Court . LOCAL CIVIL RULE 65 - INJUNCTIONS AND RESTRAINING ORDERS An applicat ion or a mot ion for a t emporary rest raining order or for a preliminary inj unct ion shall be made in a document separat e from t he complaint and if not , may not be considered by t he Court . An applicat ion for a t emporary rest raining order shall be accompanied by a cert ificat e

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t he applicant 's at t orney,

• r

by an affidavit ,

• r

by

• t her

proof sat isfact ory t o t he Court , st at ing (1) t hat act ual not ice of t he t ime of making t he applicat ion, and copies of all pleadings and ot her papers filed in t he act ion t o dat e or t o be present ed t o t he Court at t he hearing, have been furnished t o t he adverse part y's at t orney, if known, ot herwise t o t he adverse part y; or (2) t he effort s made by t he applicant t o give such not ice and furnish such copies.

LR83(b)(8)(D) - Visiting Attorneys: The language for t he Pro Hac Vice

• at h has changed.

LOCAL CIVIL RULE 83 - RULES BY DISTRICT COURTS; JUDGES' DIRECTIVES

(b) Attorneys. (8) Visiting Attorneys. (D) The applicant at t orney shall pay a fee t o t he Clerk of Court in an amount t o be det ermined by t he Court and shall submit t he following

• at h:

I DO S OLEMNLY S WEAR (OR AFFIRM OR PROMIS E) t hat I will conduct myself as an at t orney and counselor of t his Court , upright ly and according t o law; and t hat I will support t he Const it ut ion of t he Unit ed S t at es.

LOCAL CRIMINAL RULE 32 - SENTENCE AND JUDGMENT (b) Sentencing Memoranda. A party may submit a sent encing memorandum addressing any factor taken into account for sent encing purposes. The memorandum may contain, but is not limit ed to, sent encing factors enumerated in 18 U.S.C. § 3553(a); factors for upward or downward departure including those considered pursuant to U.S .S .G. § 5K1.1; argument on unresolved obj ections to t he presentence report; and any information concerning t he background, character, and conduct of the defendant, in accordance with 18 U.S.C. § 3661. S entencing memoranda shall be filed UNDER S EAL by counsel through t he Court’s electronic filing syst em using the applicable event “ S ealed S entencing Memorandum by the Government”

• r “ S

ealed S entencing Memorandum by t he Defense.” The filing at torney is responsible for providing conventional service to the U. S. Probation Office and to opposing counsel, indicating on the Certificat e of S ervice how t he document was served. All such sent encing memoranda shall be filed at least fourteen days prior to the date of sentencing.

LR32(b) - Sentencing Memoranda: S ent encing memoranda shall be filed UNDER S EAL by counsel t hrough t he Court ’s elect ronic filing syst em using t he applicable event and must provide convent ional service t o t he U. S . Probat ion Office and t o opposing counsel. All such sent encing memoranda shall be filed at least fourt een days prior t o t he dat e of sent encing.

LOCAL CIVIL RULE 5.2

• Protection
• f

Personal and Sensitive Information; Public Access to Court files; Redacted Information; Sealed Information.

(a) In General. Counsel should advise clients of the provisions of this Rule and Federal Rule of Civil Procedure 5.2 so t hat an informed decision may be made about the inclusion of protected information.

(b) Remote Access. Counsel and part ies must consider t hat t he E- Government Act

• f 2002 (as amended) and t he policies of

t he Judicial Conference of t he Unit ed St at es require federal court s event ually t o make all pleadings,

• rders,

j udgment s, and

• t her

filed document s available in elect ronic format accessible over t he Int ernet and t he Court s’ P ACER [Public Access t o Court Elect ronic R ecords] syst ems. Consequent ly, personal and sensit ive informat ion and dat a t hat formerly were available only by review of t he Court ’s physical case files will be available openly and publicly. (c) Redacted Filings. If a redact ed document is filed, it is t he sole responsibilit y of counsel and t he part ies t o ensure t hat all pleadings conform t o Federal Rule of Civil Procedure 5.2, and t he General Orders of t his Court . Neit her t he Court nor t he Clerk of Court will review pleadings

• r
• t her

document s for compliance wit h t his Rule.

LOCAL CIVIL RULE 26 – GENERAL PROVISIONS GOVERNING DISCOVERY; DUTY OF DISCLOSURE

(b) Initial Disclosure. Within the time designat ed in the Court ’s initial

• rder set ting the Fed. R. Civ. P

. 16 conference, t he parties must make t he disclosures required by Fed. R. Civ .P . 26(a)(1). Disclosures must be made no later than seven days before the Case Management Conference, unless a different time is set by court order or unless a party obj ects during t he at torney conference and states the obj ection in the proposed case management order. (c) Withholding Privileged or Protected Information. A party withholding information claimed privileged or otherwise protected must submit a privilege log that cont ains at least the following informat ion: name

• f

t he document , elect ronically stored information, or tangible things; description of the document , elect ronically stored information,

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tangible thing, which description must include each requisite element of the privilege or protection assert ed; date; author(s); recipient(s); and nature of the privilege.

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LOCAL CIVIL RULE 26 – GENERAL PROVISIONS GOVERNING DISCOVERY; DUTY OF DISCLOSURE

(d) Discovery Deadlines. (1) Unopposed discovery may cont inue aft er t he applicable deadline for discovery cont ained in t he scheduling order, provided t hat discovery does not delay

• t her

pret rial preparat ions

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t he t rial set t ing. Absent except ional circumst ances, no mot ions relat ing t o discovery, including mot ions under Fed. R. Civ. P . 26(c), 29, and 37, shall be filed aft er t he expirat ion of t he discovery deadline, unless t hey are filed wit hin seven days aft er t he discovery deadline and pert ain t o conduct

• ccurring

during t he final seven days of discovery. (2) Writ t en discovery is not t imely unless t he response t o t hat discovery would be due before t he discovery deadline. The responding part y has no obligat ion t o respond and obj ect t o writ t en discovery if t he response and obj ect ion would not be due unt il aft er the discovery deadline. Discovery deposit ions must be complet ed before t he discovery deadline. Not ices served before t he discovery deadline which purport t o schedule deposit ions aft er t he discovery deadline will not be enforced.

LOCAL CIVIL RULE 34 - REQUEST FOR PRODUCTION Answers and/ or obj ections to requests for production must state in full the request for production immediately preceding each answer or obj ection.

LOCAL CIVIL RULE 35 - MOTIONS FOR PHYSICAL OR MENTAL EXAMINATION Mot ions for physical and/ or ment al examinat ion of a part y shall include, in addit ion t o t he requirement of Fed. R. Civ. P . 35(a)(2):

• Whet her a personal and/ or medical hist ory will be obt ained;
• Whet her a physical examinat ion will be undert aken;
• A descript ion of

t he writ t en, verbal-administ ered and/ or physical t est s t o be performed, bot h invasive and non-invasive;

• The ident it ies of any persons administ ering and/ or int erpret ing t he t est

result s, if different from t he person ident ified in t he mot ion; and

• The ant icipat ed durat ion of t he examinat ion.

LOCAL CIVIL RULE 37 - DISCOVERY VIOLATIONS Motions addressed to issues concerning discovery propounded under Fed. R. Civ. P . 33, 34, 36 and 37 must quote verbatim each interrogatory, request for production, or request for admission to which the motion is addressed, followed immediately by the verbatim response or obj ection which provided thereto.

LOCAL CIVIL RULE 39 - TRIAL BY JURY OR BY THE COURT All counsel of record and parties to the litigation must be present in court at all stages of trial, unless leave of Court is granted by the presiding Judge.

LOCAL CIVIL RULE 79 - BOOKS AND RECORDS KEPT BY THE CLERK OF COURT AND ENTRIES THEREIN (b) Electronic Evidence for Trials. Evidence offered during trial shall be provided by each party in electronic format as described in the Court’s Administrative Procedures, court orders, and notices. (c) Electronic Evidence for All Other Proceedings. Evidence offered during proceedings other than trial shall be provided by each party in electronic format as described in the Court’s Administrative Procedures, court orders and notices.

LOCAL CIVIL RULE 79 - BOOKS AND RECORDS KEPT BY THE CLERK OF COURT AND ENTRIES THEREIN

(d) Custody of Exhibits With the Clerk of Court. (1) These rules provide for all exhibits offered and received in evidence to be submitted in electronic format; therefore, the electronic evidence becomes the official record. (2) After being received in evidence, all exhibits shall be placed in the custody of the Clerk of Court, in electronic format, as outlined in the Court’s Administrative Procedures, court orders and notices, unless otherwise ordered by the Court. (e) Custody of Exhibits With the Offering Party. (1) Offering parties are required to submit digital photographs of all

• versized or physical exhibits, received into evidence (e.g., models, enlarged

diagrams), properly showing significant features of those exhibits. (2) At the conclusion of a trial or proceeding, the party offering such exhibits shall retain custody of the physical exhibits and be responsible to the Court for preserving them in their condition as of the time admitted until any appeal is resolved or the time for appeal has expired. (3) The party retaining custody shall make such exhibits available to

• pposing counsel for use in preparation of an appeal and be responsible for their

safe transmission to the appellate court, if required.

LOCAL CIVIL RULE 83 - RULES BY DISTRICT COURTS; JUDGES' DIRECTIVES (b) Attorneys. (12) Attorney Discipline.

(A) After notice and an opportunity to show cause to t he contrary, any Judge including active Judges, S enior Judges, Bankruptcy Court Judges, and Magist rate Judges may sanction any attorney for failure to comply with these rules, the Louisiana Rules of Professional Conduct, or any other rule of court. (B) A Judge initiating disciplinary proceedings against an at torney shall provide writ ten notice in the form of an Order to S how Cause. The Order to S how Cause shall (1) state the alleged grounds for discipline, (2) st at e the range of possible sanctions to be imposed, and (3) inform the at torney of t he right to counsel throughout the disciplinary proceedings. The Clerk of Court shall assign the Order to S how Cause a miscellaneous action number, and shall forward a copy of the Order to S how Cause to the attorney named in the Order, and to the Chief Judge. (C) Unless otherwise indicated in t he Order to S how Cause, t he at torney named in the Order to S how Cause shall have fourt een days to file a response, if any. After the period for filing a response has elapsed, the Court shall conduct a hearing on the disciplinary action. The hearing shall be public and on the record.

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LOCAL CIVIL RULE 83 - RULES BY DISTRICT COURTS; JUDGES' DIRECTIVES (b) Attorneys. (12) Attorney Discipline. (D) If, aft er a hearing, it is shown by clear and convincing evidence t hat t he at t orney commit t ed t he violat ions t hat are t he basis of t he Order t o S how Cause, t he init iat ing Judge shall have discret ion t o impose such disciplinary act ion as t he Judge may see fit . Possible sanct ions include, but are not limit ed t o, reprimand, et hics t raining, suspension from pract ice in t he Middle Dist rict , and/ or civil fines. However, before an at t orney may be suspended from pract ice in t he Middle Dist rict for a period exceeding sixt y days, t he approval of t he Chief Judge or t he approval of t he act ive Judges of t he Middle Dist rict must be obt ained. (E) Upon imposit ion

• f

any sanct ion which includes suspension from pract ice in t he Middle Dist rict , t he Clerk of Court shall report t he at t orney and t he sanct ion(s) imposed t o t he Clerks of Court for t he U.S. Fift h Circuit Court of Appeals, t he East ern Dist rict of Louisiana, t he West ern Dist rict of Louisiana, and t he Bar of t he S t at e of Louisiana.

LOCAL CIVIL RULE 83 - RULES BY DISTRICT COURTS; JUDGES' DIRECTIVES (c) Building Security. (12) Cameras and Electronic Equipment. (B) At t orneys appearing before t he Court and serving as counsel of record and law enforcement officers are allowed t o ent er t he court house wit h a cell phone, pager, smart phone, lapt op, or t ablet wit hout seeking permission from t he Chief Judge or any ot her j udicial officer. While in t he court room or chambers t he use of t he cell phone is limit ed t o accessing t he calendar feat ure, provided t he Judge has so direct ed. At t orneys and law enforcement officers seat ed in t he court room may not use cell phones, pagers, smart phones, lapt ops or t ablet s, unless ot herwise permit t ed by t he presiding Judge. (C) The permission t o bring a cell phone, pager, smart phone, lapt op or t ablet int o t he building is subj ect t o t he following sanct ion: Any cell phone, pager, smart phone, lapt op or t ablet which rings or makes any ot her noise in t he court room, chambers or in t he hallways out side of a court room shall be subj ect t o seizure and may not be ret urned t o t he owner.

LOCAL ADMIRALTY RULE 4 - SUMMONS AND PROCESS (a) Process

(5) To ensure t imely service, Plaint iffs are required t o cont act t he United S t ates Marshal’s S ervice before proceeding for a complet e list of inst ruct ions. (6) Absent specific inst ruct ions from t he Court as st ated in t he Court ’s orders, t he Unit ed S t at es Marshal’s S ervice will not arrest a vessel t hat is sinking or sunk, on fire, leaking oil, or emit t ing hazardous cargo. (7) S t affing limit at ions, t he priorit y of criminal mat ters, and t he coordinat ion necessary t o effect t he arrest of a vessel make it advisable to deliver all document s and fees to t he United S t at es Marshal’s S ervice at least t wo business days in advance of t he request ed dat e of arrest . Due t o t he dangers associat ed wit h t he seizure of a vessel in wat ers aft er dark, seizures will not be execut ed aft er sundown unless specifically

• rdered by t he presiding Judge.

All properly complet ed and signed document s, and all fees must be delivered to t he Unit ed S t at es Marshal’s S ervice no later than 2:00 p.m. Monday t hrough Friday to effect a seizure on the same day, or no lat er t han 2:00 p.m. on Friday t o effect a seizure on t he weekend. (8) Any part y seeking t he arrest of a vessel or at t achment of propert y must deposit a sum wit h t he United S t ates Marshal sufficient t o cover t he Unit ed S t at es Marshal’s or subst it uted custodian’s est imat ed fees and expenses of arresting and keeping t he propert y for at least ten days. The United S t at es Marshal is not required to execute process unt il t he deposit is made.

LOCAL CRIMINAL RULE 23 - JURY OR NON-JURY TRIAL All counsel of record and part ies t o t he lit igat ion must be present in court at all st ages of t rial, unless leave of Court is grant ed by t he presiding Judge.

LOCAL CRIMINAL RULE 32 - SENTENCE AND JUDGMENT (c) USSG § 5K1.1 Motions. Government motions, pursuant to USSG

§

5K1.1 (Substantial Assistance to Authorities) and accompanying memorandum, should be filed UNDER SEAL by counsel through the Court’s electronic filing system. The filing attorney is responsible for providing conventional service to the U.

• S. Probation Office and to opposing counsel, indicating on the

Certificate of S ervice how the document was served. All such USSG § 5K1.1 motions shall be filed at least fourteen days prior to the date of sentencing and must be accompanied by a proposed

• rder.

LOCAL CRIMINAL RULE 44 – CONTINUING REPRESENTATION,WITHDRAWALS, SUBSTITUTION OF COUNSEL The original counsel of record shall be held t o represent t he part y for whom counsel appears unless t he Court permit s said counsel t o wit hdraw from t he case. Counsel may obt ain permission only upon j oint mot ion t o subst it ut e counsel or upon a writ t en mot ion served on opposing counsel and t he client before t he Court act s. If ot her counsel is not t hereby subst it ut ed, t he mot ion t o wit hdraw shall cont ain t he present address of t he client and t he client 's t elephone number, if t he client can be reached by t elephone. The mot ion shall cont ain a cert ificat ion by counsel t hat t he client has been not ified of all deadlines and pending court appearances. The cert ificat e of service accompanying t he mot ion shall indicat e t hat it was served on t he client by cert ified mail or an affidavit shall be included st at ing why such service has not been made.

LOCAL CRIMINAL RULE 55 - RECORDS (a) Withdrawal of Files. Files in t he office of t he Clerk of Court may be removed from it only for t he use of t he Court or wit h leave of Court or permission of t he Clerk of Court first obt ained. (b) Electronic Evidence for Trials. Evidence offered during t rial shall be provided by each part y in elect ronic format as described in t he Court ’s Administ rat ive Procedures, court orders, and not ices. (c) Electronic Evidence for All Other Proceedings. Evidence offered during proceedings ot her t han t rial shall be provided by each part y in elect ronic format as described in t he Court ’s Administ rat ive Procedures, court orders, and not ices.

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LOCAL CRIMINAL RULE 55 - RECORDS (d) Custody of Exhibits With the Clerk of Court. (1) These rules provide for all exhibit s offered and received In evidence t o be submit t ed in elect ronic format ; t herefore, t he elect ronic evidence becomes t he official record. (2) Aft er being received in evidence, all exhibit s shall be placed in t he cust ody of t he Clerk of Court , in elect ronic format , as out lined in t he Court ’s Administ rat ive Procedures, court

• rders,

and not ices, unless ot herwise ordered by t he Court .

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LOCAL CRIMINAL RULE 55 - RECORDS

(e) Custody of Exhibits With the Offering Party. (1) Offering parties are required to submit digit al photographs of all

• versized or physical exhibits, received into evidence (e.g. models,

enlarged diagrams), properly showing significant features

• f

t hose exhibits. (2) At the conclusion

• f

a trial

• r

proceeding, the party

• ffering

such exhibits shall ret ain custody of the physical exhibits and be responsible to the Court for preserving them in their condition as of the time admitted until any appeal is resolved or the time for appeal has expired. (3) The party ret aining custody shall make such exhibits available to

• pposing counsel for use in preparation of an appeal and be responsible

for their safe transmission to the Appellate Court, if required. (f) Disposition of Exhibits. All exhibits in the cust ody of the Clerk of Court shall be removed within thirty days of the final disposition of the case. The party offering exhibits shall be responsible for their removal and shall give a detailed receipt for the clerk's records. If t he parties or t heir at torneys fail or refuse to remove exhibits within t hirty days, the exhibits may be destroyed or

• therwise disposed of by the Clerk of Court.