LR
3-1. CIVIL COVER SHEET.
Except
in actions initiated by inmates appearing
in pro se,
every civil action tendered for filing in this
court shall be accompanied by a properly
completed civil cover sheet.
LR
4-1. SERVICE AND ISSUANCE OF PROCESS.
(a) The
United States Marshal is authorized to serve
summons and civil process on behalf of the
United States.
(b) In
those cases where service of process is
authorized and sought pursuant to state and/or
international procedure, counsel for the party
seeking such service shall furnish the clerk
with all forms and papers needed to comply with
the requirements of such practice.
LR
5-1. PROOF OF SERVICE.
(a) All
papers required or permitted to be served shall
have attached when presented for filing a
written proof of service. The proof shall show
the day and manner of service and the name of
the person served. Proof of service may be by
written acknowledgement of service or
certificate of the person who made service. The
court may refuse to take action on any papers
until proper proof of service is filed.
(b)
Failure to make the proof of service required by
this rule does not affect the validity of the
service. Unless material prejudice would result,
the court may at any time allow the proof of
service to be amended or supplied.
LR
5-2. FACSIMILE FILING.
Papers
may be filed with the clerk by means of
telephone facsimile machine (“fax”) only in
cases involving the death penalty as hereinafter
provided:
(a)
Documents that relate to stays of execution in
death penalty cases may be transmitted directly
to the fax machines in the clerk's offices in
Reno or Las Vegas for filing by the clerk when
counsel considers this will serve the interests
of their clients.
(b)
Counsel must notify the clerk before
transmitting any document by fax. On receiving
the transmitted document, the clerk shall make
the number of copies required and file the
photocopies. Any document transmitted directly
to the court by fax must show service on all
other parties by fax or hand delivery.
(c)
When a document has been transmitted by fax and
filed pursuant to this rule, counsel must file
the original document and accompanying proof of
service with the clerk within three (3) judicial
days of the date of the fax transmission.
LR
6-1. REQUESTS FOR CONTINUANCE, EXTENSION OF TIME
OR ORDER
SHORTENING TIME.
(a)
Every motion requesting a continuance, extension
of time, or order shortening time shall be
“Filed” by the clerk and processed as an
expedited matter.
Ex parte
motions and stipulations shall be governed by LR
6-2.
(b)
Every motion or stipulation to extend time shall
inform the court of any previous extensions
granted and state the reasons for the extension
requested. A request made after the expiration
of the specified period shall not be granted
unless the moving party, attorney, or other
person demonstrates that the failure to act was
the result of excusable neglect. Immediately
below the title of such motion or stipulation
there shall also be included a statement
indicating whether it is the first, second,
third, etc., requested extension, i.e.:
STIPULATION FOR EXTENSION OF TIME TO FILE
MOTIONS
(First Request)
(c) The
court may set aside any extension obtained in
contravention of this rule.
(d) A
stipulation or motion seeking to extend the time
to file an opposition or final reply to a
motion, or to extend the time fixed for hearing
a motion, must state in its opening paragraph
the filing date of the motion.
LR
6-2. REQUIRED FORM OF ORDER FOR STIPULATIONS AND
EX
PARTE
(a) Any
stipulation or
ex parte
motions requesting a continuance, extension of
time, or order shortening time, and any other
stipulation requiring an order shall not
initially be “Filed” by the clerk, but shall be
marked “Received.” Every such stipulation or
ex
parte
motion shall include an “Order” in the form of a
signature block on which the court or clerk can
endorse approval of the relief sought. This
signature block shall not be on a separate page,
but shall appear approximately one inch (1_)
below the last typewritten matter on the
right-hand side of the last page of the
stipulation or
ex parte
motion, and shall read as follows:
“IT IS
SO ORDERED:
[UNITED
STATES DISTRICT JUDGE,
UNITED
STATES MAGISTRATE JUDGE,
UNITED
STATES DISTRICT COURT CLERK
(whichever is appropriate)
DATED:
”
(b)
Upon approval, amendment or denial, the
stipulation or
ex parte
motion shall be filed and processed by the clerk
in such manner as may be necessary.
LR
7-1. STIPULATIONS.
(a)
Stipulations relating to proceedings before the
court, except stipulations made in open court
that are noted in the clerk's minutes or the
court reporter's notes, shall be in writing,
signed by the parties or counsel for the parties
to be bound, and served on all other parties who
have appeared.
(b) No
stipulations relating to proceedings before the
court except those set forth in
Fed._R._Civ._P._29 shall be effective until
approved by the court. Any stipulation that
would interfere with any time set for completion
of discovery, for hearing of a motion, or for
trial, may be made only with the approval of the
court.
(c) A
dispositive stipulation, which has been signed
by fewer than all the parties or their counsel,
shall be treated as a motion.
(d) The
clerk has authority to approve the stipulations
described in LR 77-1.
LR
7-2. MOTIONS.
(a) All
motions, unless made during a hearing or trial,
shall be in writing and served on all other
parties who have appeared. The motion shall be
supported by a memorandum of points and
authorities.
(b)
Unless otherwise ordered by the court, points
and authorities in response shall be filed and
served by an opposing party fifteen (15) days
after service of the motion.
(c)
Unless otherwise ordered by the court, reply
points and authorities shall be filed and served
by the moving party eleven (11) days after
service of the response.
(d) The
failure of a moving party to file points and
authorities in support of the motion shall
constitute a consent to the denial of the
motion. The failure of an opposing party to file
points and authorities in response to any motion
shall constitute a consent to the granting of
the motion.
LR
7-3. CITATIONS OF AUTHORITY.
(a)
References to an act of Congress shall include
the United States Code citation, if available.
When a federal regulation is cited, the Code of
Federal Regulations title, section, page and
year shall be given.
(b)
When a Supreme Court decision is cited, the
citation to the United States Reports shall be
given. When a decision of a court of appeals, a
district court, or other federal court has been
reported in the Federal Reporter System, that
citation shall be given. When a decision of a
state appellate court has been reported in
West's National Reporter System, that citation
shall be given. All citations shall include the
specific page(s) upon which the pertinent
language appears.
LR
7-4. LIMITATION ON LENGTH OF BRIEFS AND POINTS
AND
AUTHORITIES; REQUIREMENT FOR INDEX AND TABLE OF
AUTHORITIES.
Unless
otherwise ordered by the court, pretrial and
post-trial briefs and points and authorities in
support of, or in response to, motions shall be
limited to thirty (30) pages including the
motion but excluding exhibits. Reply briefs and
points and authorities shall be limited to
twenty (20) pages, excluding exhibits. Where the
court enters an order permitting a longer brief
or points and authorities, the papers shall
include an index and table of authorities.
LR
7-5.
EX PARTE
MOTIONS.
(a) All
ex
parte
motions, applications or requests shall contain
a statement showing good cause why the matter
was submitted to the court without notice to all
parties.
(b) All
ex
parte
matters shall state the efforts made to obtain a
stipulation and why a stipulation was not
obtained.
LR
7-6.
EX PARTE
COMMUNICATIONS.
(a) No
party nor counsel for any party shall make an
ex
parte
communication with the court except as
specifically permitted by these rules.
(b) Any
party, counsel or those acting
in pro se,
may submit and serve a letter to the court at
the expiration of sixty (60) days after any
matter has been, or should have been, submitted
to the court for decision if the court has not
entered its written ruling.
LR
8-1. PLEADING JURISDICTION.
The
first allegation of any complaint, counterclaim,
cross-claim, third-party complaint or petition
for affirmative relief shall state the statutory
or other basis of claimed federal jurisdiction
and the facts in support thereof.
LR
10-1. FORM OF PAPERS GENERALLY.
Papers
presented for filing shall be flat, unfolded,
firmly bound together at the top, pre-punched
with two (2) holes, centered two and
three-quarters inch (2-¾_) apart and one-half
inch (½_) to five-eighths inch (5/8_) from the
top edge of the paper, and on eight and one-half
inch by eleven inch (8-½_ x 11_) paper. Except
for exhibits, quotations, the caption, the title
of the court, and the name of the case, lines of
typewritten text shall be double-spaced, and
except for the title page, shall begin at least
one and one-half inch (1-½_) from the top of the
page. All handwriting shall be legible, and all
typewriting shall be of a size which is either
not more than ten (10) characters per linear
inch or not less than twelve (12) points for
proportional spaced fonts or equivalent. All
quotations longer than one (1) sentence shall be
indented. All pages of each pleading or other
paper filed with the court (exclusive of
exhibits) shall be numbered consecutively.
LR
10-2. CAPTION, TITLE OF COURT, AND NAME OF CASE.
The
following information shall be stated upon the
first page of every paper presented for filing,
single-spaced:
(a) The
name, address, telephone number, fax number and
Nevada State Bar number, if any, of the attorney
and any associated attorney filing the paper;
whether such attorney appears for the plaintiff,
defendant or other party; or the name, address
and telephone number of a party appearing
in pro se.
This information shall be set forth in the space
to the left of center of the page beginning at
the top of the first page. The space to the
right of center shall be reserved for the filing
marks of the clerk.
(b) The
title of the court shall appear at the center of
the first page at least one inch (1_) below the
information required by subsection (a) of this
rule, as follows:
UNITED
STATES DISTRICT COURT
DISTRICT OF NEVADA
(c) The
name of the action or proceeding shall appear
below the title of the court, in the space to
the left of center of the paper, i.e.:
JOHN
DOE, )
)
Plaintiff, )
)
vs. )
)
RICHARD
ROE, )
)
Defendant.
)
(d) In
the space to the right of center, there shall be
inserted the docket number which shall include a
designation of the nature of the case (“CV” for
civil), the division of the court (“S” for
Southern and “N” for Northern) and, except for
the original pleading, the case number and the
initials of the presiding district judge
followed in parentheses by the initials of the
magistrate judge if one has been assigned. This
information shall be separated by dashes. For
example: CV-S-95-114-LDG-(RJJ).
(e)
Immediately below the caption and the docket
number there shall be inserted the name of the
paper and whenever there is more than one
defendant a designation of the parties affected
by it, e.g., Defendant Richard Roe's
Cross-Claims against Defendant Black and White
Corporation.
LR
10-3. EXHIBITS.
All
exhibits attached to papers shall show the
exhibit number at the bottom or side. Exhibits
need not be typewritten and may be copies, but
must be clearly legible and not unnecessarily
voluminous. Counsel must reduce oversized
exhibits to 8½_ x 11_ unless such reduction
would destroy legibility or authenticity. An
oversized exhibit that cannot be reduced shall
be filed separately with a captioned cover sheet
identifying the exhibit and the document(s) to
which it relates.
LR
10-4. COPIES.
(a)
Unless otherwise required, the original and one
(1) copy of all pleadings and other papers shall
be filed with the clerk. This rule does not
apply to exhibits filed in the following
categories of cases in which only one (1) copy
of the exhibit need be submitted:
(1)
Reviews of decisions of administrative agencies
(for example, Social Security Administration,
Bureau of Land Management);
(2)
Petitions to compel arbitration or to vacate,
enforce or modify arbitrations awards;
(3)
Actions by the United States to collect debts
(for example, student loans, F.H.A. or V.A.
collection matters);
(4)
Habeas corpus
petitions;
(5)
Civil rights actions by inmates proceeding
in
pro se;
(6)
Actions by or on behalf of inmates under 28
U.S.C. §§ 2254 and 2255; and
(7)
Other actions as ordered by the court from time
to time.
(b)
Counsel or persons appearing
in pro se
who wish to receive a file-stamped copy of any
pleading or other paper must submit one (1)
additional copy and if by mail, a
self-addressed, postage paid envelope, except
that persons granted leave to proceed
in forma
pauperis
need not submit a self-addressed, postage paid
envelope.
LR
10-5.
IN CAMERA
SUBMISSIONS.
Papers
submitted for
in camera
inspection shall have a captioned cover sheet
complying with LR 10-2 that indicates the
document is being submitted
in camera
and
shall be accompanied by an envelope large enough
for the
in camera
papers to be sealed in without being folded.
LR
10-6. CERTIFICATE AS TO INTERESTED PARTIES.
(a)
Unless otherwise ordered, in all cases except
habeas corpus
cases counsel for private (nongovernmental)
parties shall upon entering the case file a
certificate listing all persons, associations of
persons, firms, partnerships or corporations
known to have an interest in the outcome of the
case including the names of all parent,
subsidiary, affiliate and/or insider of the
named non-individual parties, as follows:
“Number
and Caption of Case
Certificate Required by LR 10-6
The
undersigned, counsel of record for ,
certifies that the following have an
interest in the
outcome of this case: (here list the names
of all such
parties including the names of all parent,
subsidiary,
affiliate, and/or insider of the named
non-individual
parties, and identify their interests).
These representations are made to enable
judges of the court to evaluate possible
recusal.
Attorney of Record for ”
(b) If
there are no known interested parties other than
those participating in the case, a statement to
that effect will satisfy this rule.
(c)
There is a continuing obligation to supplement
in accordance with the provisions of this rule.
LR
15-1. AMENDED PLEADINGS.
(a) The
original proposed amended pleading shall be
signed and attached to any motion to amend a
pleading. If the motion is granted the clerk
shall forthwith detach and file the original
amended pleading. Unless otherwise permitted by
the court, every proposed amended pleading must
be retyped or reprinted so that it will be
complete in itself, including exhibits, without
reference to the superseded pleading. An amended
pleading shall include copies of all exhibits
referred to in such pleading.
(b)
Upon order of the court, the clerk shall remove
any exhibits attached to prior pleadings and
attach them to the amended pleading. The time
under Fed. R. Civ. P. 15(a) for an entity
already a party to answer or reply to an amended
pleading shall run from the date of service of
the order allowing said pleading to be amended,
or where no order is required under Fed._R.
Civ._P. 15(a), from the date of service of the
amended pleading.
LR
16-1. SCHEDULING AND CASE MANAGEMENT; TIME AND
ISSUANCE OF
SCHEDULING ORDER.
(a) In
cases where a discovery plan is required, the
court shall approve, disapprove or modify the
discovery plan and enter the scheduling order
within thirty (30) days from the date the
discovery plan is submitted.
(b) In
actions by or on behalf of inmates under 42
U.S.C. § 1983 or the principles of
Bivens v Six
Unknown Named Agents of Federal Bureau of
Narcotics,
403 U.S. 388 (1971), and in forfeiture and
condemnation actions, no discovery plan is
required. In such cases, a scheduling order
shall be entered within thirty (30) days after
the first defendant answers or otherwise
appears.
(c) The
following categories of cases shall be governed
by the entry of an order setting forth a
briefing schedule and such other matters as may
be appropriate:
(1)
Actions for review on an administrative record;
(2)
Petitions for
habeas corpus
or other proceeding to challenge a criminal
conviction or sentence;
(3)
Actions brought without counsel by a person in
custody of the United States, a state, or a
state subdivision;
(4)
Actions to enforce or quash an administrative
summons or subpoena;
(5)
Actions by the United States to recover benefit
payments;
(6)
Actions by the United States to collect on a
student loan guaranteed by the United States;
(7)
Proceedings ancillary to proceedings in other
courts; and
(8)
Actions to enforce an arbitration award.
(d) In
all cases, the court may order a conference of
all the parties to discuss the provisions of the
discovery plan, scheduling order, briefing order
setting forth a briefing schedule, and such
other matters as the court deems appropriate.
LR
16-2. PRETRIAL CONFERENCES.
Unless
specifically ordered, the court will not conduct
pretrial conferences. A party may at any time
make written request for a pretrial conference
to expedite disposition of any case,
particularly one which is complex or in which
there has been delay. Pretrial conferences may
be called at any time by the court on its own
initiative.
LR
16-3. PRETRIAL ORDER, MOTIONS
IN LIMINE,
AND TRIAL SETTING.
(a) The
scheduling order may set the date for submitting
the joint pretrial order, if required by the
court.
(b)
Unless otherwise ordered by the court, motions
in
limine
are due thirty (30) days prior to trial.
Oppositions shall be filed and served and the
motion submitted for decision fifteen (15) days
thereafter. Replies will be allowed only with
leave of the court.
(c)
Upon the initiative of counsel for plaintiff,
counsel who will try the case and who are
authorized to make binding stipulations shall
personally discuss settlement and prepare and
lodge with the court a proposed joint pretrial
order containing the following:
(1) A
concise statement of the nature of the action
and the contentions of the parties;
(2) A
statement as to the jurisdiction of the court
with specific legal citations;
(3) A
statement of all uncontested facts deemed
material in the action;
(4) A
statement of the contested issues of fact in the
case as agreed upon by the parties;
(5) A
statement of the contested issues of law in the
case as agreed upon by the parties;
(6)
Plaintiff's statement of any other issues of
fact or law deemed to be material;
(7)
Defendant's statement of any other issues of
fact or law deemed to be material;
(8)
Lists or schedules of all exhibits that will be
offered in evidence by the parties at the trial.
Such lists or schedules shall describe the
exhibits sufficiently for ready identification
and:
(A)
Identify the exhibits the parties agree can be
admitted at trial; and
(B)
List those exhibits to which objection is made
and state the grounds therefor. Stipulations as
to admissibility, authenticity and/or
identification of documents shall be made
whenever possible;
(9) A
statement by each party identifying any
depositions intended to be offered at the trial,
except for impeachment purposes, and designating
the portions of the deposition to be offered;
(10)_A
statement of the objections, and the grounds
therefor, to deposition testimony the opposing
party has designated;
(11)_A
list of witnesses, with their addresses, who may
be called at the trial. Such list may not
include witnesses whose identities were not but
should have been revealed in response to
permitted discovery unless the court, for good
cause and on such conditions as are just,
otherwise orders; and
(12)_A
list of motions
in limine
filed, if any.
(d)
Except when offered for impeachment purposes, no
exhibit shall be received and no witnesses shall
be permitted to testify at the trial unless
listed in the pretrial order. However, for good
cause shown the court may allow an exception to
this provision.
LR
16-4. FORM OF PRETRIAL ORDER.
Unless
otherwise ordered, the pretrial order shall be
in the following form:
UNITED
STATES DISTRICT COURT
DISTRICT OF NEVADA
, )
Plaintiff, ) CASE NO.
)
vs. )
)
, )
PRETRIAL ORDER
Defendant. )
)
Following pretrial proceedings in this cause,
IT IS
ORDERED:
I.
This is
an action for: (State nature of action, relief
sought, identification and contentions of
parties).
II.
Statement of jurisdiction: (State the facts and
cite the statutes which give this court
jurisdiction of the case).
III.
The
following facts are admitted by the parties and
require no proof:
IV.
The
following facts, though not admitted, will not
be contested at trial by evidence to the
contrary:
V.
The
following are the issues of fact to be tried and
determined upon trial.11
Should
counsel be unable to agree upon the statement of
issues of fact or law, the joint pretrial order
should include separate statements of issues of
fact or law to be tried and determined upon
trial.
(Each issue of fact must be stated separately
and in specific terms.)
VI.
The
following are the issues of law to be tried and
determined upon trial.1 (Each issue of law must
be stated separately and in specific terms.)
VII.
(a) The
following exhibits are stipulated into evidence
in this case and may be so marked by the clerk:
(1)
Plaintiff's exhibits.
(2)
Defendant's exhibits.
(b) As
to the following additional exhibits the parties
have reached the stipulations stated:
(1) Set
forth stipulations as to plaintiff's exhibits.
(2) Set
forth stipulations as to defendant's exhibits.
(c) As
to the following exhibits, the party against
whom the same will be offered objects to their
admission upon the grounds stated:
(1) Set
forth objections to plaintiff's exhibits.
(2) Set
forth objections to defendant's exhibits.
(d)
Depositions:
(1)
Plaintiff will offer the following depositions:
(Indicate name of deponent and identify portions
to be offered by pages and lines and the party
or parties against whom offered).
(2)
Defendant will offer the following depositions:
(Indicate name of deponent and identify portions
to be offered by pages and lines and the party
or parties against whom offered).
(e)
Objections to Depositions:
(1)
Defendant objects to plaintiff's depositions as
follows:
(2)
Plaintiff objects to defendant's depositions as
follows:
VIII.
The
following witnesses may be called by the parties
upon trial:
(a)
State names and addresses of plaintiff's
witnesses.
(b)
State names and addresses of defendant's
witnesses.
IX.
Counsel
have met and herewith submit a list of three (3)
agreed-upon trial dates:
_____
_____
It is
expressly understood by the undersigned that the
court will set the trial of this matter on one
(1) of the agreed-upon dates if possible; if
not, the trial will be set at the convenience of
the court's calendar.
X.
It is
estimated that the trial herein will take a
total of_
days.
APPROVED AS TO FORM AND CONTENT:
Attorney for Plaintiff
Attorney for Defendant
XI.
ACTION BY THE COURT
(a)
This case is set down for court/jury trial on
the fixed/stacked calendar on . Calendar call
shall be held on .
(b) An
original and two (2) copies of each trial brief
shall be submitted to the clerk on or before .
(c)
Jury trials:
(1) An
original and two (2) copies of all instructions
requested by either party shall be submitted to
the clerk for filing on or before .
(2) An
original and two (2) copies of all suggested
questions of the parties to be asked of the jury
panel by the court on
voir dire
shall be submitted to the clerk for filing on or
before .
(d)
Court trials:
Proposed findings of fact and conclusions of law
shall be filed on or before .
The
foregoing pretrial order has been approved by
the parties to this action as evidenced by the
signatures of their counsel hereon, and the
order is hereby entered and will govern the
trial of this case. This order shall not be
amended except by order of the court pursuant to
agreement of the parties or to prevent manifest
injustice.
DATED:
.
UNITED
STATES DISTRICT JUDGE or
UNITED
STATES MAGISTRATE JUDGE
LR
16-5. SETTLEMENT CONFERENCE AND ALTERNATIVE
METHODS OF
DISPUTE RESOLUTION.
The
court may, in its discretion and at any time,
set any appropriate civil case for settlement
conference, summary jury trial, or other
alternative method of dispute resolution.
LR
26-1. DISCOVERY PLANS AND MANDATORY DISCLOSURES.
(a)
[Repealed December 1, 2000. See Fed. R. Civ. P.
26(a).]
(b)
[Repealed December 1, 2000. See Fed. R. Civ. P.
26(g)(1).]
(c)
[Repealed December 1, 2000. See Fed. R. Civ. P.
26(e).]
(d)
Fed.
R. Civ. P. 26(f) Meeting; Filing and Contents of
Discovery Plan and Scheduling Order.
The parties shall meet and/or confer as required
by Fed. R. Civ. P. 26(f) within thirty (30) days
after the first defendant answers or otherwise
appears. Fourteen (14) days after the mandatory
Fed._R._Civ._P._26(f) conference, the parties
shall submit a stipulated discovery plan and
scheduling order. The plan shall be in such form
so as to permit the plan, on court approval
thereof, to become the scheduling order required
by Fed._R._Civ._P._16(b). If the plan sets
deadlines within those specified in LR 26-1(e),
the plan shall state on its face in bold type,
“SUBMITTED IN COMPLIANCE WITH LR 26-1(e).” If
longer deadlines are sought, the plan shall
state on its face “SPECIAL SCHEDULING REVIEW
REQUESTED.” Plans requesting special scheduling
review shall include, in addition to the
information required by Fed._R._Civ._P._26(f)
and LR_26-1(e), a statement of the reasons why
longer or different time periods should apply to
the case or, in cases in which the parties
disagree as to the form or contents of the
discovery plan, a statement of each party's
position on each point in dispute.
(e)
Form
of Stipulated Discovery Plan and Scheduling
Order, Applicable Deadlines.
The discovery plan shall include, in addition to
the information required by Fed. R. Civ. P.
26(f), the following information:
(1)
Discovery Cut-Off Date.
The plan shall state the date the first
defendant answered or otherwise appeared, the
number of days required for discovery measured
from the date the first defendant answers or
otherwise appears, and shall give the calendar
date on which discovery will close. Unless
otherwise ordered, discovery periods longer than
one hundred eighty (180) days from the date the
first defendant answers or appears will require
special scheduling review;
(2)
Amending the Pleadings and Adding Parties.
Unless the discovery plan otherwise provides and
the court so orders, the date for filing motions
to amend the pleadings or to add parties shall
be not later than ninety (90) days prior to the
close of discovery. The plan should state the
calendar dates on which these amendments will
fall due;
(3)
Fed._R._Civ._P._26(a)(2) Disclosures (Experts)._Unless
the discovery plan otherwise provides and the
court so orders, the time deadlines specified in
Fed._R._Civ._P._26(a)(2)(C) for disclosures
concerning experts are modified to require that
the disclosures be made sixty (60) days before
the discovery cut-off date and that disclosures
respecting rebuttal experts be made thirty (30)
days after the initial disclosure of experts.
The plan should state the calendar dates on
which these exchanges will fall due;
(4)
Dispositive Motions.
Unless the discovery plan otherwise provides and
the court so orders, the date for filing
dispositive motions shall be not later than
thirty (30) days after the discovery cut-off
date. The plan should state the calendar dates
on which these dispositive motions will fall
due;
(5)
Pretrial Order.
Unless the discovery plan otherwise provides and
the court so orders, the joint pretrial order
shall be filed not later than thirty (30) days
after the date set for filing dispositive
motions. In the event dispositive motions are
filed, the date for filing the joint pretrial
order shall be suspended until thirty (30) days
after decision of the dispositive motions or
further order of the court;
(6)
Fed._R._Civ._P._26(a)(3) Disclosures.
Unless the discovery plan otherwise provides and
the court so orders, the disclosures required by
Fed._R._Civ._P._26(a)(3) and any objections
thereto shall be included in the pretrial order;
and
(7)
Form
of Order.
All discovery plans shall include on the last
page thereof the words “IT IS SO ORDERED” with a
date and signature block for the judge in the
manner set forth in LR 6-2.
LR
26-2. TIME FOR COMPLETION OF DISCOVERY WHEN NO
SCHEDULING
ORDER IS ENTERED.
Unless
otherwise ordered, in cases where no discovery
plan is required discovery shall be completed
within one hundred eighty (180) days from the
time the first defendant answers or otherwise
appears.
LR
26-3. INTERIM STATUS REPORTS.
Not
later than sixty (60) days before the discovery
cut-off the parties shall submit an interim
status report stating the time they estimate
will be required for trial, giving three (3)
alternative available trial dates, and stating
whether, in the opinion of counsel who will try
the case, trial will be eliminated or its length
affected by substantive motions. This status
report shall be signed by counsel for each party
or the party, if appearing
in pro se.
LR
26-4. EXTENSION OF SCHEDULED DEADLINES.
Applications to extend any date set by the
discovery plan, scheduling order, or other order
must, in addition to satisfying the requirements
of LR 6-1, be supported by a showing of good
cause for the extension. All motions or
stipulations to extend discovery shall be
received by the court within twenty (20) days
before the discovery cut-off date or any
extension thereof. Any motion or stipulation to
extend or to reopen discovery shall include:
(a) A
statement specifying the discovery completed;
(b) A
specific description of the discovery that
remains to be completed;
(c) The
reasons why discovery remaining was not
completed within the time limits set by the
discovery plan; and
(d) A
proposed schedule for completing all remaining
discovery.
LR
26-5. RESPONSES TO WRITTEN DISCOVERY.
All
responses to written discovery shall,
immediately preceding the response, identify the
number or other designation and set forth in
full the text of the discovery sought.
LR
26-6. DEMAND FOR PRIOR DISCOVERY.
A party
who enters a case after discovery has begun is
entitled, on written request, to inspect and
copy, at the requesting party's expense, all
discovery provided or taken by every other party
in the case. The request shall be directed to
the party who provided the discovery or, if the
discovery was obtained from a person not a party
to the case, to the party who took such
discovery.
LR
26-7. DISCOVERY MOTIONS.
(a) All
motions to compel discovery or for protective
order shall set forth in full the text of the
discovery originally sought and the response
thereto, if any.
(b)
Discovery motions will not be considered unless
a statement of moving counsel is attached
thereto certifying that, after personal
consultation and sincere effort to do so,
counsel have been unable to resolve the matter
without court action.
(c)
Unless otherwise ordered, all emergency
discovery disputes are referred to the
magistrate judge assigned to the case. Any
attorney or party appearing
in pro se
may apply for relief by written motion or, where
time does not permit, by a telephone call to the
magistrate judge or district judge assigned to
the case. Written requests for judicial
assistance in resolving an emergency discovery
dispute shall be entitled “Emergency Motion” and
be accompanied by an affidavit setting forth:
(1) The
nature of the emergency;
(2) The
office addresses and telephone numbers of moving
and opposing counsel; and
(3) A
statement of when and how opposing counsel was
notified of the motion or, if opposing counsel
was not notified, why it was not practicable to
do so.
(d) It
shall be within the sole discretion of the court
to determine whether any such matter is, in
fact, an emergency.
LR
26-8. FILING OF DISCOVERY PAPERS.
Unless
otherwise ordered by the court, written
discovery, including responses thereto, and
deposition transcripts, shall not be filed with
the court. Originals of responses to written
discovery requests shall be served on the party
who served the discovery request and that party
shall make such originals available at the
pretrial hearing, at trial, or on order of the
court. Likewise, the deposing party shall make
the original transcript of a deposition
available at any pretrial hearing, at trial, or
on order of the court.
LR
26-9. EXEMPTIONS.
[Repealed December 1, 2000. See Fed. R. Civ. P.
26(a)(1)(E).]
LR
30-1. DEPOSITIONS UPON ORAL EXAMINATION.
[Repealed effective December 1, 2000. See Fed.
R. Civ. P. 30.]
LR
30-2. REQUIREMENTS FOR TRANSCRIPTS.
Unless
the court orders otherwise, depositions shall be
recorded by stenographic means.
LR
31-1. DEPOSITIONS UPON WRITTEN QUESTIONS.
[Repealed effective December 1, 2000. See Fed.
R. Civ. P. 31.]
LR
32-1. USE OF DEPOSITIONS IN COURT PROCEEDINGS.
Unless
the court orders otherwise, deposition testimony
shall be offered by stenographic means.
LR
33-1. INTERROGATORIES.
[Repealed effective December 1, 2000. See Fed.
R. Civ. P. 33]
LR
34-1. PRODUCTION OF DOCUMENTS.
[Repealed effective December 1, 2000. See Fed.
R. Civ. P. 34.]
LR
36-1. REQUEST FOR ADMISSIONS.
[Repealed effective December 1, 2000. See Fed.
R. Civ. P. 36.]
LR
38-1. JURY DEMAND.
When a
jury trial is demanded in a pleading, the words
“JURY DEMAND” shall be typed or printed in
capital letters on the first page immediately
below the name of the pleading.
LR
41-1. DISMISSAL FOR WANT OF PROSECUTION.
All
civil actions that have been pending in this
court for more than nine (9) months without any
proceeding of record having been taken may,
after notice, be dismissed for want of
prosecution on motion of counsel or by the
court.
LR
43-1. INTERPRETERS/TAKING OF TESTIMONY.
A party
who anticipates needing the services of an
interpreter shall make arrangements therefor, at
that party's expense, and file a written notice
not later than eleven (11) days prior to the
proceeding in which the interpreter's services
will be used. The notice shall include the name
and credentials of the interpreter, the name of
the witness or witnesses requiring such service,
and the reason the service is needed.
LR
48-1. CONTACT WITH JURORS PROHIBITED.
Unless
otherwise permitted by the court, no party,
attorney or other interested person shall
communicate with or contact any juror until the
jury concludes its deliberations and is
discharged.
LR
54-1. BILL OF COSTS.
(a) See
28 U.S.C. §§_1920, 1921 and 1923; and
Fed._R._Civ._P._54(d). Unless otherwise ordered
by the court, the prevailing party shall be
entitled to reasonable costs. A prevailing party
who claims such costs shall serve and file a
bill of costs and disbursements on the form
provided by the clerk no later than ten (10)
days after the date of entry of the judgment or
decree.
(b) See
28_U.S.C. §_1924. Every bill of costs and
disbursements shall be verified and distinctly
set forth each item so that its nature can be
readily understood. The bill of costs shall
state that the items are correct and that the
services and disbursements have been actually
and necessarily provided and made. An
itemization and, where available, documentation
of requested costs in all categories must be
attached to the bill of costs.
(c) The
clerk shall tax the costs not later than ten
(10) days after the filing of objections or when
the time within which such objections may be
filed has passed.
LR
54-2. CLERK'S, MARSHAL'S, PROCESS SERVER'S, AND
DOCKET FEES.
Clerk's
fees (see 28_U.S.C. §_1920), docket fees (see
28_U.S.C. §_1923) and marshal's fees (see
28_U.S.C._§_1921) are allowable by statute. Fees
of authorized process servers are ordinarily
taxable.
LR
54-3. FEES INCIDENT TO TRANSCRIPTS; TRIAL
TRANSCRIPTS.
Transcripts of pretrial, trial, and post-trial
proceedings are not taxable unless either
requested by the court or prepared pursuant to
stipulation approved by the court. Mere
acceptance by the court does not constitute a
request. Copies of transcripts for counsel's own
use are not taxable absent a prior special order
of the court.
LR
54-4. DEPOSITION COSTS.
The
cost of a deposition transcript (either the
original or a copy, but not both) is taxable
whether taken solely for discovery or for use at
trial. The reasonable expenses of a deposition
reporter and the notary or other official
presiding at the deposition are taxable,
including travel, where necessary, and
subsistence. Postage costs, including registry,
for sending the original deposition to the clerk
for filing are taxable if the court has ordered
the filing of said deposition. Counsel's fees,
expenses in arranging for taking a deposition,
and expenses in attending the deposition are not
taxable, except as provided by statute or by the
Federal Rules of Civil Procedure. Fees for the
witness at the taking of a deposition are
taxable at the same rate as for attendance at
trial. The witness need not be under subpoena. A
reasonable fee for a necessary interpreter at
the taking of a taxable deposition is taxable.
LR
54-5. WITNESS FEES, MILEAGE, AND SUBSISTENCE.
(a) The
rate for witness fees, mileage, and subsistence
are fixed by statute (see 28_U.S.C._§_1821).
Such fees are taxable even though the witness
did not testify if it is shown that the
attendance was necessary, but if a witness is
not used, the presumption is that the attendance
was unnecessary. Such fees are taxable even
though the witness attends voluntarily and not
under subpoena. Costs may be taxed for each day
the witness is necessarily in attendance and are
not limited to the actual day the witness
testified. Fees will be limited, however, to the
days of actual testimony and the days required
for travel if no showing is made that the
witness necessarily attended for a longer time.
(b)
Subsistence to the witness under 28 U.S.C.
§_1821 is allowable if the mileage fees for the
witness to travel from the witness' residence to
court and back each day exceed the applicable
subsistence fees.
(c) No
party shall receive witness fees for testifying
in that party's own behalf, but this shall not
apply where a party is subpoenaed to attend
court by the opposing party. Witness fees for
officers of a corporation are taxable if the
officers are not defendants and recovery is not
sought against the officers individually. Fees
for expert witnesses are not taxable in a
greater amount than statutorily allowable for
ordinary witnesses unless authorized by contract
or specific statute.
(d) The
reasonable fee of a competent interpreter is
taxable if the fee of the witness for whom the
interpreting services were required is taxable.
The reasonable fee of a competent translator is
taxable if the document translated is
necessarily filed or admitted into evidence.
LR
54-6. EXEMPLIFICATION AND COPIES OF PAPERS.
(a) An
itemization of costs claimed pursuant to this
section shall be attached to the cost bill. The
cost of copies of an exhibit necessarily
attached to a document required to be filed and
served is taxable. Cost of one (1) copy of a
document is taxable when the copy is admitted
into evidence in lieu of an original because the
original is either not available or is not
introduced at the request of opposing counsel.
The cost of copies submitted in lieu of
originals because of the convenience of offering
counsel or counsel's client is not taxable. The
cost of reproducing copies of motions,
pleadings, notices and other routine case papers
is not allowable. The cost of copies obtained
for counsel's own use is not taxable. The fee of
an official for certification or proof regarding
non-existence of a document is taxable. Notary
fees are taxable if actually incurred, but only
for documents which are required to be notarized
and which are necessarily filed. Costs incurred
for reducing documents to comply with the paper
size requirement of these rules are taxable.
(b) The
cost of patent file wrappers and prior art
patents are taxable at the rate charged by the
patent office. Expenses for services of persons
checking patent office records to determine what
should be ordered are not taxable.
LR
54-7. MAPS, CHARTS, MODELS, PHOTOGRAPHS,
SUMMARIES,
COMPUTATIONS, AND STATISTICAL SUMMARIES.
The
cost of maps and charts is taxable if they are
admitted into evidence. The cost of photographs,
8_ x 10_ in size or less, is taxable if admitted
into evidence or attached to documents required
to be filed and served on opposing counsel. The
cost of enlargements greater than 8_ x 10_,
models, summaries, computations, and statistical
comparisons is not taxable except by prior order
of the court.
LR
54-8. FEES OF MASTERS, RECEIVERS, AND
COMMISSIONERS.
Unless
otherwise ordered by the court, fees of masters,
receivers, and commissioners are taxable as
costs.
LR
54-9. PREMIUMS ON UNDERTAKINGS AND BONDS.
Premiums paid on undertakings and bonds are
ordinarily taxable where the same have been
furnished by reason of express requirement of
law, on order of the court, or to enable the
party to secure some right in the action or
proceeding.
LR
54-10. REMOVED CASES.
In a
removed case, costs incurred in the state court
before removal are taxable in favor of the
prevailing party. Such costs include but are not
limited to:
(a)
Fees paid to the clerk of the state court;
(b)
Fees for service of process in the state court;
(c)
Costs of exhibits necessarily attached to
documents required to be filed in the state
court; and
(d)
Fees for witnesses attending depositions before
removal, unless the court finds that the witness
was deposed without reason or necessity.
LR
54-11. COSTS AGAINST THE GOVERNMENT.
See 28
U.S.C. § 2412.
LR
54-12. COSTS NOT ORDINARILY ALLOWED.
Unless
substantiated by reference to statute or
decision, the following costs will not
ordinarily be allowed:
(a)
Accountant's fees incurred for investigation;
(b) The
purchase of infringing devices in patent cases;
(c) The
physical examination of an opposing party;
(d)
Courtesy copies of exhibits furnished to
opposing counsel without request; and
(e)
Motion pictures.
LR
54-13. METHOD OF TAXATION OF COSTS.
(a) Any
objections to a bill of costs shall be filed and
served no later than ten (10) days after service
of the bill of costs. Such objections shall
specify each item to which objection is made and
the grounds therefor, and shall include, if
appropriate, supporting affidavits or other
material.
(b) On
the date set for the taxation neither the
parties nor their attorneys shall appear, and
the clerk shall proceed to tax such costs as are
properly chargeable and shall make an insertion
of the costs into the docket and the judgment,
if appropriate. The clerk's taxation of costs
shall be final unless modified on review as
provided in these rules.
(c)
Notice of the clerk's taxation of costs shall be
given by mailing a copy of the bill as approved
by the clerk to all parties in accordance with
Fed._R._Civ._P._5.
LR
54-14. REVIEW OF COSTS.
(a) A
party may obtain review of the clerk's taxation
of costs by motion to retax under
Fed._R._Civ._P._54(d), accompanied by points and
authorities. Any motion to retax costs shall be
filed and served within five (5) days after
receipt of the notice provided for in LR
54-13(c).
(b) A
motion to retax shall particularly specify the
ruling of the clerk excepted to, and no others
will be considered by the court. The motion
shall be decided on the same papers and evidence
submitted to the clerk.
LR
54-15. APPELLATE COSTS.
The
district court does not tax or retax appellate
costs. The certified copy of the judgment or the
mandate of the court of appeals, without further
action by the district court, is sufficient
basis to request the clerk of the district court
to issue a writ of execution to recover costs
taxed by the appellate court.
LR
54-16. MOTIONS FOR ATTORNEY'S FEES.
(a)
Time
for Filing.
When a party is entitled to move for attorney's
fees, such motion shall be filed with the court
and served within fourteen (14) days after entry
of the final judgment or other order disposing
of the action.
(b)
Content of Motions.
Unless otherwise ordered by the court, a motion
for attorney's fees must, in addition to those
matters required by Fed._R._Civ._P._54(d)(2)(B),
include the following:
(1) A
reasonable itemization and description of the
work performed;
(2) An
itemization of all costs sought to be charged as
part of the fee award and not otherwise taxable
pursuant to LR 54-1 through 54-15;
(3) A
brief summary of:
(A) The
nature of the case;
(B) The
difficulty of the case;
(C) The
results obtained and the amount involved;
(D) The
time and labor required;
(E) The
novelty and difficulty of the questions
involved;
(F) The
skill requisite to perform the legal service
properly;
(G) The
preclusion of other employment by the attorney
due to acceptance of the case;
(H) The
customary fee;
(I)
Whether the fee is fixed or contingent;
(J) The
time limitations imposed by the client or the
circumstances;
(K) The
experience, reputation, and ability of the
attorney(s);
(L) The
undesirability of the case, if any;
(M) The
nature and length of the professional
relationship with the client;
(N)
Awards in similar cases; and
(4)
Such other information as the court may direct.
(c)
Attorney Affidavit.
Each motion must be accompanied by an affidavit
from the attorney responsible for the billings
in the case containing the following:
(1)
Authentication of the information contained in
the motion;
(2) A
statement of the amount usually charged by the
firm for costs, e.g., computer legal research,
telephone surcharges, copy charges;
(3) A
statement setting forth the hourly rates usually
charged for similar services;
(4) A
statement that the bill has been reviewed and
edited; and
(5) A
statement that the fees and costs charged are
reasonable.
(d)
Opposition.
If no opposition is filed, the court may grant
the motion. If an opposition is filed, it shall
set forth the specific charges that are disputed
and state with reasonable particularity the
basis for such opposition. The opposition shall
further include affidavits to support any
contested fact.
(e)
Hearing.
If either party wishes to examine the affiant,
such party must specifically make such a request
in writing. Absent such a request, the court may
decide the motion on the papers or set the
matter for evidentiary hearing.
LR
56-1. MOTIONS FOR SUMMARY JUDGMENT.
Motions
for summary judgment and responses thereto shall
include a concise statement setting forth each
fact material to the disposition of the motion
which the party claims is or is not genuinely in
issue, citing the particular portions of any
pleading, affidavit, deposition, interrogatory,
answer, admission, or other evidence upon which
the party relies.
LR
65.1-1. QUALIFICATION OF SURETY.
Except
for bonds secured by cash or negotiable bonds or
notes of the United States as provided for in LR
65.1-2, every bond must have as surety:
(a) A
corporation authorized by the United States
Secretary of the Treasury to act as surety on
official bonds under 31 U.S.C. §§_9304 through
9306;
(b) A
corporation authorized to act as surety under
the laws of the State of Nevada, which
corporation shall have on file with the clerk a
certified copy of its certificate of authority
to do business in Nevada, together with a
certified copy of the power of attorney
appointing the agent authorized to execute the
bond;
(c) One
or more individuals each of whom owns real or
personal property sufficient to justify the full
amount of the suretyship; or
(d)
Such other security as the court shall order.
LR
65.1-2. DEPOSIT OF MONEY OR UNITED STATES
OBLIGATION IN LIEU
OF
SURETY.
Upon
order of the court, there may be deposited with
the clerk in lieu of surety:
(a)
Lawful money accompanied by an affidavit that
identifies the legal owner thereof; or
(b)
Negotiable bonds or notes of the United States
accompanied by an executed agreement as required
by 31 U.S.C. § 9303(a)(3) authorizing the clerk
to collect or sell the bonds or notes in the
event of default.
LR
65.1-3. APPROVAL.
Unless
approval of the bond or the individual sureties
is endorsed thereon by opposing counsel or the
party, if appearing
in pro se,
the party offering the bond shall apply to the
court for approval. The clerk is authorized to
approve bonds unless approval by the court is
expressly required by law.
LR
65.1-4. PERSONS NOT TO ACT AS SURETIES.
No
officer of this court nor any member of the bar
of this court nor any nonresident attorney
specially admitted to practice before this court
nor their office associates or employees shall
act as surety in this court.
LR
65.1-5. JUDGMENT AGAINST SURETIES.
Regardless of what may be otherwise provided in
any security instrument, every surety who
provides a bond or other undertaking for filing
with this court thereby submits to the
jurisdiction of the court and irrevocably
appoints the clerk as agent upon whom any paper
affecting liability on the bond or undertaking
may be served. Liability shall be joint and
several and may be enforced summarily without
independent action. Service may be made upon the
clerk who shall forthwith mail a copy to the
surety at the last known address.
LR
65.1-6. FURTHER SECURITY OR JUSTIFICATION OF
PERSONAL SURETIES.
At any
time and upon reasonable notice to all other
parties, a party for whose benefit a bond is
presented or posted may apply to the court for
further or different security or for an order
requiring personal sureties to justify.
LR
66-1. RECEIVERS IN GENERAL.
In the
exercise of the authority vested in the district
courts by Fed._R._Civ._P._66, the rules in this
part are promulgated for the administration of
estates by receivers or other similar officers
appointed by the court. The Federal Rules of
Civil Procedure and these rules govern any civil
action in which the appointment of a receiver or
other similar officer is sought or which is
brought by or against such an officer.
LR
66-2. NOTICE; TEMPORARY RECEIVER.
A
receiver shall not be appointed except after
hearing, preceded by at least ten (10) days'
notice to the party sought to be subjected to
receivership and to all known creditors, except
that a temporary receiver may be appointed
without notice upon adequate showing provided by
Fed._R._Civ._P._65(b).
LR
66-3. REVIEW OF APPOINTMENT OF TEMPORARY
RECEIVER.
On
being appointed, the temporary receiver shall
give the notice required in LR 66-2, and at the
hearing the court shall determine whether a
receiver shall be appointed and the receivership
continued or terminated in the same manner as
though no temporary receiver had been appointed.
LR
66-4. REPORTS OF RECEIVERS.
(a) At
the hearing provided for in LR 66-3, the
temporary receiver shall file with the court a
summary report of the temporary receivership.
(b)
Within sixty (60) days of being appointed, a
permanent receiver shall file a verified report
and account of the receiver's administration
which shall be heard upon ten (10) days' notice
to all parties and known creditors of the party
subject to receivership. The report and account
shall contain the following:
(l) A
summary of the operations of the receiver;
(2) An
inventory of the assets and their appraised
value;
(3) A
schedule of all the receiver's receipts and
disbursements;
(4) A
list of all known creditors with their addresses
and the amounts of their claims; and
(5) The
receiver's recommendations for a continuation or
discontinuation of the receivership and the
reasons for the recommendations.
(c) At
the hearing, the court shall approve or
disapprove the receiver's report and account,
determine whether the receivership may continue,
and fix the time for further regular reports by
the receiver, if applicable.
LR
66-5. NOTICE OF HEARINGS.
Unless
the court otherwise orders, the receiver shall
give all interested parties and creditors at
least ten (10) days' notice of the time and
place of hearings of:
(a) All
further reports of the receiver;
(b) All
petitions for approval of the payment of
dividends to creditors;
(c) All
petitions for confirmation of sales of real or
personal property;
(d) All
applications for fees of the receiver, or of any
attorney, accountant, or investigator;
(e) Any
application for the discharge of the receiver;
and
(f) All
petitions for authority to sell property at
private sale.
LR
66-6. EMPLOYMENT OF ATTORNEYS, ACCOUNTANTS, AND
INVESTIGATORS.
A
receiver shall not employ an attorney,
accountant, or investigator without first
obtaining an order of the court authorizing such
employment. The compensation of such persons
shall be fixed by the court, after hearing, upon
the applicant's verified application setting
forth in reasonable detail the nature of the
services. The application shall state under oath
that the applicant has not entered into any
agreement, written or oral, express or implied,
with any other person concerning the amount of
compensation paid or to be paid from the assets
of the estate, or any sharing thereof.
LR
66-7. PERSONS PROHIBITED FROM ACTING AS
RECEIVERS.
Except
as otherwise allowed by statute or ordered by
the court, no party in interest, attorney,
accountant, employee or representative of a
party in interest shall be appointed as a
receiver or employed by the receiver.
LR
66-8. DEPOSIT OF FUNDS.
All
funds received by a receiver shall be deposited
in a depository designated by the court in an
account entitled Receiver's Account, together
with the name of the action.
LR
66-9. UNDERTAKING OF RECEIVER.
A
receiver shall not act as such until a
sufficient undertaking in an adequate amount as
determined by the court is filed with the clerk.
LR
66-10. ADMINISTRATION OF ESTATES.
In all
other respects or as ordered by the court, the
receiver or similar officer shall administer the
estate as nearly as may be in accordance with
the practice in the administration of estates in
Chapter 11 bankruptcy cases.
LR
67-1. DEPOSIT AND INVESTMENT OF FUNDS IN THE
REGISTRY ACCOUNT;
CERTIFICATE OF CASH DEPOSIT.
(a)
Cash tendered to the clerk for deposit into the
Registry Account of this court shall be
accompanied by a written statement titled
“Certificate of Cash Deposit” which shall be
signed by counsel or party appearing
in pro se.
The certificate shall contain the following
information:
(1) The
amount of cash tendered for deposit;
(2) The
party on whose behalf the tender is being made;
(3) The
nature of the tender, e.g., interpleader funds
deposit, cash bond in lieu of corporate surety
in support of temporary restraining order, etc.;
(4)
Whether the cash is being tendered pursuant to
statute, rule, or court order;
(5) The
conditions of the deposit signed and
acknowledged by the depositor;
(6) The
name and address of the legal owner to whom a
refund, if applicable, shall be made; and
(7) A
signature block whereon the clerk can
acknowledge receipt of the cash tendered. Said
signature block shall not be set forth on a
separate page, but shall appear approximately
one inch (1_) below the last typewritten matter
on the left-hand side of the last page of the
Certificate of Cash Deposit and shall read as
follows:
“RECEIPT
Cash as
identified herein is hereby
acknowledged as being received this date.
Dated:
CLERK,
U.S. DISTRICT COURT
By:
Deputy
Clerk”
(b) The
clerk may refuse cash tendered without the
Certificate of Cash Deposit required by this
rule.
LR
67-2. INVESTMENT OF FUNDS ON DEPOSIT.
(a)
Funds on deposit in the Registry Account of the
court pursuant to 28 U.S.C. §_2041 will not be
invested in the absence of an order by the
court. All motions or stipulations for an order
directing the clerk to invest Registry Account
funds in an interest bearing account shall
contain the following:
(1) The
name of the bank or financial institution where
the funds are to be invested;
(2) The
type of account or instrument and the terms of
investment where a timed instrument is involved;
and
(3)
Language that either
(A)
Directs the clerk to deduct from income earned
on the investment a fee, not exceeding that
authorized by the Judicial Conference of the
United States and set by the Director of the
Administrative Office; or
(B)
States affirmatively the investment is being
made for the benefit of the United States and,
therefore, no fee shall be charged.
(b)
Counsel obtaining an order under these rules
shall cause a copy of the order to be served
personally on the clerk or the chief deputy and
the financial deputy. A supervisory deputy clerk
may accept service on behalf of the clerk, chief
deputy or financial deputy in their absence.
(c) The
clerk shall take all reasonable steps to deposit
funds into interest bearing accounts or
instruments within, but not more than, fifteen
(15) days after having been served with a copy
of the order for such investment.
(d) Any
party who obtains an order directing investment
of funds by the clerk shall, within fifteen (15)
days after service of the order on the clerk,
verify that the funds have been invested as
ordered.
(e)
Failure of the party or parties to personally
serve the clerk, the chief deputy and financial
deputy, or in their absence a supervisory deputy
clerk with a copy of the order, or failure to
verify investment of the funds, shall release
the clerk from any liability for the loss of
earned interest on such funds.
(f) It
shall be the responsibility of counsel to notify
the clerk regarding disposition of funds at
maturity of a timed instrument. In the absence
of such notice funds invested in a timed
instrument subject to renewal will be reinvested
for a like period of time at the prevailing
interest rate. Funds invested in a timed
instrument not subject to renewal will be
re-deposited by the clerk into the Registry
Account of the court, which is a
non-interest-bearing account.
(g)
Service of notice by counsel as required by
LR_67-2(f) shall be made as provided in
LR_67-2(b) not later than fifteen (15) days
prior to maturity of the timed instrument.
(h) Any
change in terms or conditions of an investment
shall be by court order only, and counsel will
be required to comply with LR 67-2(a) and (b).
LR
77-1. JUDGMENTS AND ORDERS GRANTABLE BY THE
CLERK.
(a) The
clerk is authorized, without further direction
by the court, to sign and enter any order
permitted to be signed by the clerk under the
Federal Rules of Civil Procedure and the
following:
(1)
Orders specially appointing persons to serve
process;
(2)
Orders withdrawing exhibits under LR 79-1;
(3)
Orders on stipulations:
(A)
Satisfying judgments; |