JURORS

(a) Juries. All juries for the District are drawn and convene as directed by the Court. (b) Voir Dire Examination. All voir dire examinations of prospective jurors will be conducted by the Judge alone, unless an exception to this rule is made by the presiding Judge.

Counsel may submit in advance, in writing, questions to be asked upon such examination and may supplement this by oral request at side bar when necessary. (c) Argument of Law to Jury Prohibited. In the argument of any case to a jury, counsel shall not read to the jury from any legal textbook or reported case, instruct the jury on any matter of law, or argue law to the jury. (d) Contacting Prospective Jurors and Jurors Before and During Trial.

(1) A lawyer shall not knowingly communicate, either directly or through another, with a juror or prospective juror unless authorized to do so by law or court order, upon good cause 19 shown.1 (2) A lawyer may not, either personally or through another, send an access request to a juror or prospective juror through any electronic social media. An access request is a communication to a juror seeking access to a juror or prospective juror’s social media for the purpose of obtaining information about a juror or potential juror which the juror or potential juror has not made public or that would be the type of ex parte communication prohibited by subsection (1) of this local rule.2 (3) Unless otherwise limited by law, court order, or subsections (1) and (2) of this local rule, a lawyer may review, in advance of or during a trial, a juror’s or prospective juror’s public Internet presence. “Internet presence” includes but is not limited to postings by the juror or prospective juror on electronic social media that are publicly available and that do not require an access request.3 (4) In the course of reviewing a juror’s or potential juror’s Internet presence, if a lawyer discovers evidence of juror or potential juror misconduct, the lawyer must disclose the misconduct or potential misconduct to the court as soon as possible.4 (e) Interviewing Jurors After Trial (1) No party or their attorney shall, personally or through another person, contact, interview, examine, or question any juror or alternate, except on leave of court granted upon good cause shown. If a party believes in good faith that grounds for legal challenge to a verdict 1 This is drawn from the Louisiana Rule of Professional Conduct 3.5(b), ABA Model Rule 3.5(b) and ABA Formal Opinion 466.

2 This is drawn verbatim from ABA Formal Opinion 466 except that “subsection (1) of this local rule” replaces “Model Rule 3.5(b).” 3 This is drawn from ABA Formal Opinion 466. See also Jan L. Jacobowitz and John G. Browning, Legal Ethics and Social Media, A Practitioner’s Handbook, American Bar Association, 2017, at 96. (“[R]esearching the social media of prospective jurors, and continuing to monitor social media activity during trial, can be vital to seating an honest, unbiased jury, and to ensuring that any online misconduct is promptly brought to the court’s attention.”) One writer has suggested that “it is not only permissible for lawyers to research jurors before and during trial using social media according to currently existing professional standards, but they may have an ethical obligation to do so.” Jessica L. Boylan, “Jury Duty”: The Ethical Obligations of Attorneys Researching Jurors Using Social Media Technology, 29 Geo.

J. Legal Ethics 867, 869 (2016).

4 This is drawn from ABA Formal Opinion 466. 20 exist, he may move for an order permitting an interview of a juror or jurors to determine whether the verdict is subject to challenge.5 (2) No juror has any obligation to speak to any person about any case and may refuse all interviews or comments; (3) No person may make repeated requests for interviews or questions after a juror has expressed the desire not to be interviewed; (4) No juror or alternate who consents to be interviewed may disclose any information with respect to the following: (A) The specific vote of any juror other than the juror being interviewed; (B) The deliberations of the jury; or (C) Evidence of improprieties in the jury's deliberation. LOCAL CIVIL RULE 54 - JUDGMENTS; COSTS (a) Costs. Whenever any civil action scheduled for jury trial is settled or otherwise disposed of prior to trial, then, except for good cause shown, juror costs, including marshal's fees, mileage and per diem, shall be assessed as directed by the Court, unless the clerk's office is notified in time to advise the jurors that it will not be necessary for them to attend.

(b) Award of Attorney's Fees. (1) In all cases where attorney's fees are sought, the party desiring to be awarded such fees shall submit to the Court a contemporaneous time report reflecting the date, time involved, and nature of the services performed. The report shall be in both narrative and statistical form and provide hours spent and justification thereof. (2) Any Judge of the Court may, for good cause shown, relieve counsel of the obligation of filing such a report with the Court.

(c) Memorandum of Costs. Within thirty days after receiving notice of entry of judgment, unless 5 This combines M.D. Florida Local Rule 5.01(d) and N.D. Mississippi Local Rule 48. 21 otherwise ordered by the Court, the party in whose favor judgment is rendered and who claims and is allowed costs, shall serve on the attorney for the adverse party and file with the Clerk of Court a notice of application to have the costs taxed, together with a memorandum signed by the attorney of record stating that the items are correct and that the costs have been necessarily incurred, which is supported by itemization and documentation of all costs requested in each category. (d) Objections.

Specific objections may be made within fourteen days to any item of costs supported by affidavit or other evidence, which may be rebutted. The Clerk of Court shall thereupon tax the costs. (e) Review of Taxation of Costs. A dissatisfied party may request within seven days that the Court review the action of the Clerk of Court, in accordance with Fed. R. Civ. P. 54(d).

(f) Security for Costs. In any civil matter, the Court, on motion or its own initiative, may order any party to file bond for costs or additional security for costs in such an amount and so conditioned as it may designate. (g) Payment and Application for Order of Satisfaction of Judgment. Whenever any party shall pay into court an amount of money which fully satisfies any judgment or decree in principal, interest, and costs, the attorney may apply to the Court for an order of satisfaction and, after notice to opposing counsel, or party (if no counsel), upon proof to the Court of such complete satisfaction, shall be entitled to an order declaring same.

(h) Filing Acknowledgment of Satisfaction Notice in Docket. Upon filing of acknowledgment of satisfaction made by the judgment creditor or creditor attorney, the Clerk of Court shall note upon the docket sheet "Judgment Satisfied," together with the date of any judgment. (i) Seaman and Pauper Cases. In all actions in which the fees of the U.S. Marshal and the Clerk of Court are not required by law to be paid in advance and in which a seaman or a party proceeding in forma pauperis prevails, either by judgment or by settlement, no dismissal or satisfaction of judgment shall be filed or entered until all fees of the U.S. Marshal and the Clerk 22 of Court have been paid, unless otherwise ordered by the Court.

It shall be the responsibility of counsel handling the payment of any settlement to see to it that all fees are paid whether or not any dismissal or satisfaction of judgment entry is applied for.