ASSIGNMENT OF CASES

(1) (2) (3) (4) In General. Except as otherwise provided in (a)(2) and (a)(4) of this Rule, the Clerk shall randomly assign each new case to a district judge and a magistrate judge in a manner that evenly distributes the cases among them by type of classification as provided under LR Cv 5(b) or LR Cr 57(b). Related Cases. A civil or criminal case which the cover sheet indicates, or which the Clerk believes may be related to a case previously filed in this Court, shall be provisionally assigned to the judge to whom the related case was assigned.

If the judge to whom the case is provisionally assigned determines that the case is not closely related, the judge shall return the case to the Clerk for random assignment as provided in (a)(1) of this Rule. Re-filed Cases. A civil or criminal case that appears to involve substantially the same parties and issues as a case or proceeding that previously was brought in this Court and dismissed or otherwise terminated shall be provisionally assigned to the judge who originally was assigned the prior case or proceeding, or if already assigned, shall be transferred to the judge who originally was assigned the prior case or proceeding. Assignment of Civil Cases to Magistrate Judges.

The Clerk shall randomly assign certain types of civil cases identified by the Court among district judges and full-time magistrate judges. If a magistrate judge is randomly assigned such a civil case as the presiding judge, they shall conduct all proceedings, including a jury or non-jury trial, and order the entry of judgment in the case. Such assignments are subject to the provisions of Fed. R. Civ. P. 73 and LR Cv 73, and require consent of the parties. Any case for which all parties do not consent will be reassigned pursuant to (a)(1) of this Rule.*[See Comment, end of Rule] (5) Wiretaps.

Applications seeking approval to intercept wire communications pursuant to 18 U.S.C. § 2516 shall be assigned to the Chief Judge. If the Chief Judge is unavailable, the application shall be randomly assigned to another district judge. (b) Remanded Cases. Any case remanded to this Court for a new trial shall be reassigned to a judge other than the judge to whom the case previously was assigned.

All other cases remanded to this Court shall be reassigned to the judge to whom the case was previously assigned, unless that judge determines that the interests of justice require that the case be assigned to a different judge. (c) Emergency Matters. If immediate action is required with respect to some matter in a case and the judge to whom the case has been assigned is unavailable or otherwise unable to address that matter, the Clerk shall refer that matter to the Chief Judge. If the Chief 8 U.S. DISTRICT COURT LOCAL RULES – GENERAL/ATTORNEY RULES Judge is unavailable, the Clerk shall present the matter to the next most senior active judge who is available to hear it.

The judge to whom such matter is referred shall act only to the extent necessary to meet the immediate need, and only until the judge to whom the case was assigned becomes available to hear it. If a judge to whom such a matter is referred determines that no immediate action is required, the request for immediate action shall not thereafter be presented to another judge. (1) After Hours Filings. Counsel anticipating a possible need for an emergency filing, or emergency action by the Court, or both, during a period when the Clerk's Office is ordinarily closed should consult with the Clerk's Office at the earliest opportunity during normal business hours to make arrangements.

A filing user should not expect that a filing made through ECF will be addressed outside normal business hours unless the filer contacts the Clerk's Office in advance to make special arrangements. Effective 4/1/24: §(a)(5) added. Effective 12/1/17: §(a)(1) and (2) amended; §(a)(4) added. Effective 12/2/13: §(c)(1) added. *COMMENT For more information about the types of civil cases eligible for random assignment to a magistrate judge, please consult the Court’s website.

CROSS-REFERENCES See LR Cv 9.1 (Notice of Related Actions or Proceedings). 9 U.S. DISTRICT COURT LOCAL RULES – GENERAL/ATTORNEY RULES (a) (b) (c) LR Gen 107.1 ELECTRONIC AVAILABILITY AND REDACTION OF TRANSCRIPTS OF COURT PROCEEDINGS Applicability. The 90-day restriction policy and the redaction procedures for transcripts listed below apply only to transcripts of federal court proceedings. Other transcripts, except those exempt under Fed. R. Civ. P. 5.2(b) and Fed. R. Crim. P. 49.1(b), will be subject to the redaction requirements contained in these rules if they are filed with this Court.

Restricted Availability of Transcripts for First 90 Days after Filing. Transcripts will be e-filed by the court reporter or transcriber through CM/ECF, and they will be available at the Clerk’s Office, for viewing only, for a period of 90 days after filing. Review of Transcripts. Once a transcript is filed, counsel of record (and unrepresented parties) must review the transcript and request redaction of any personal identifiers listed in Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, and LR Gen 102.

Unless otherwise ordered by the Court, the following portions of the transcript must be reviewed: opening and closing statements made on the party’s behalf; statements of the party; the testimony of any witnesses called by the party; sentencing proceedings (both the government and the defendant must review the transcript); and any other portion of the transcript as ordered by the court. (1) “Standby” Counsel and CJA Attorneys. An attorney who is serving as appointed “standby” counsel for a pro se litigant must review the transcript as if the pro se party were his/her client. If an attorney represents a client pursuant to the Criminal Justice Act (CJA), including serving as standby counsel, the attorney conducting the review of the transcript is entitled to compensation under the CJA for functions reasonably performed to fulfill this obligation and for reimbursement of related reasonable expenses.

(d) Redaction Requests. (1) (2) (3) Procedure. If counsel of record (or an unrepresented party) seeks a redaction of personal identifiers, a document entitled “Redaction Request” must be electronically filed within 21 days, or longer if the Court so orders, from the filing of the original transcript, indicating where the personal identifiers appear in the transcript by page and line and how they are to be redacted. Time Limits.

If a Redaction Request or a Motion to Extend Time is not timely filed, no redactions will be made, and the original transcript will be remotely publicly available after 90 days. Additional Redactions. If a party wishes to request redactions in addition to personal identifiers, a separate Motion for Redaction of Transcript must be filed within 21 days from the filing of the original transcript. Until the Court has ruled 10 U.S. DISTRICT COURT LOCAL RULES – GENERAL/ATTORNEY RULES on any such motion, the transcript will not be electronically available, even if the 90-day restriction period has ended.

(4) Filing of Redacted Transcripts. If a Redaction Request is filed, the court reporter or transcriber must perform the requested redactions and file a redacted version of the transcript within 31 days, or longer if the Court so orders, from the filing of the original transcript. Unless the Court orders the original unredacted electronic transcript to be sealed, it will be retained by the Clerk and will be available, for viewing only, at the public terminal at the Courthouse and remotely electronically available to any attorney of record who has purchased a copy from the court reporter. Purchase of Transcripts.

During the 90-day period, a copy of the transcript, in paper or electronic form, may be obtained from the court reporter or transcriber at the rate established by the Judicial Conference. The transcript will be available, for viewing only, at the public terminal at the Courthouse and remotely electronically available to any attorney of record who has purchased a copy from the court reporter. Availability of Transcripts after 90 days. After the 90-day period has ended, the transcript will be available remotely to view, download or print through PACER, and to view and print at the Clerk’s Office.

(1) Redacted Transcripts. If a redacted transcript is filed with the Court, the redacted transcript will be remotely electronically available to the public through PACER after 90 days from the date of filing of the original transcript. Remote access to the original unredacted transcript will remain restricted, but both the original transcript and the redacted transcript will be available for viewing at the Clerk’s Office unless the Court orders the original transcript to be sealed. (e) (f) (g) Transcripts of Petit Jury Empanelments.

(1) Whenever a court reporter receives a request for a transcript of a petit jury empanelment, the reporter will prepare two versions of the transcript: one complete, unredacted version and one redacted version. The redacted version will have the juror names and any sidebars redacted. (2) (3) (4) Redaction of juror names means that only the first full name and last initial of the juror will be used by the court reporter in preparing the transcript. Redaction of a sidebar will result in a complete elimination of the sidebar from the transcript.

The redacted transcript will be e-filed by the court reporter in accordance with, and be subject to, the provisions of this Rule. The complete, unredacted transcript will be e-filed by the court reporter for “restricted” viewing only by the Court and the parties. The “restricted” 11 U.S. DISTRICT COURT LOCAL RULES – GENERAL/ATTORNEY RULES availability of the transcript to the parties will also be governed by the availability provisions of this Rule during the first 90 days after filing. (5) If a non-party requests a complete, unredacted copy of a petit jury empanelment transcript, the request will be sent to the presiding judge in that case, and the presiding judge will make a determination as to whether or not the complete, unredacted copy should be provided to the non-party.

Effective 12/1/11: The numerical references in this rule were altered as part of the restyling of numerical references throughout the Local Rules. Effective 1/3/11: Rule added. CROSS-REFERENCES See LR Gen 102 (Documents Containing Confidential Information). See also Fed. R. Civ. P 5; Fed. R. Crim. P. 49.

12 U.S. DISTRICT COURT LOCAL RULES – GENERAL/ATTORNEY RULES