LAW STUDENT PRACTICE

U.S. District Court for the Middle District of Tennessee

Rule Set: Local Rules of the U.S. District Court for the Middle District of Tennessee

Rule: 83.02

Jurisdiction: MDTN

Bluebook Citation: M.D. Tenn. L.R. 83.02

All Rules: M.D. Tenn. Local Rules, complete index


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Law students who are enrolled in a law school's legal clinic or an externship placement with a legal aid organization or government entity through a law school externship program may be allowed to appear on behalf of an indigent person or a government entity under the direct supervision of an attorney admitted to practice in this Court and pursuant to the requirements of Administrative Order 155-1. LR 83.03 − PHOTOGRAPHY, BROADCASTING, AND ELECTRONIC DEVICES (a) General Prohibition. (1) No photography, video or audio broadcasting (other than by General Services Administration personnel, Federal Protective Services personnel and United States Marshals Service personnel), or video or audio recording (other than by Court personnel) will be permitted on the floors of the courthouse occupied by the Court (including inside any petit jury room or grand jury room), or of any conference calls conducted by the Court, except by court order. This prohibition also includes photography, video or audio broadcasting, and video or audio recording by remote means.

(2) No electronic devices, including without limitation, cellular telephones, pagers, laptop or notebook computers, and tablets, will be allowed inside any petit jury room or grand jury room. (3) Excluded from this provision are employees of the United States Courts, the United States Probation Office, the Federal Public Defender’s Office, the United States Attorney’s Office, the United States Trustee’s Office, federal law enforcement officers, and Court Security Officers. (b) Electronic Devices. (1) All electronic devices, including without limitation, cellular telephones, pagers, laptop or notebook computers, and tablets, are subject to x-ray screening and any other visual inspection by designated security officers at the entrances to the federal building.

(2) Electronic devices may not be used for photography, video or audio broadcasting, or video or audio recording on the floors of the courthouse occupied by the Court. (3) Electronic devices may be used in the courtroom by an attorney, and the attorney’s paralegals and assistants under the supervision of the attorney, if necessary to the proceeding, including without limitation, for presentation of evidence during the course of trial, provided that the attorney ensures that such device is not used for voice communication, is operated silently, is not used in any manner that will disrupt any courtroom proceeding, and is not used to photograph, record, or broadcast any aspect 29 of any proceeding. The presiding Judge retains authority and sole discretion to disallow use of electronic devices at any time. (c) Proceedings Other Than Judicial Proceedings.

Proceedings other than judicial proceedings, designed and conducted as ceremonies, such as administering oaths of office to appointed officials of the court, naturalization ceremonies, presentation of portraits and similar ceremonial occasions, may be photographed in, or broadcast, or televised from the courtroom with the permission of the Court. (d) Enforcement. (1) The United States Marshal may take necessary steps to enforce this rule. (2) Each attorney of record in a case is responsible for notifying the attorney’s staff, client and any witnesses of the requirements of this rule and for reasonably ensuring compliance with the rule.

(3) Violations of this rule may result in the violator being required to remove the electronic device from the courthouse or confiscation of the device and the violator being reported to a judicial officer for appropriate action or other sanction. LR 83.04 − RELEASE OF INFORMATION CONCERNING CIVIL PROCEEDINGS (a) By Lawyers. To promote fairness and protect the integrity of the judicial process, lawyers’ conduct in releasing information is subject to TNRPC 3.6, which lawyers are expected to thoroughly review. (b) By Courthouse Personnel.

All court personnel and United States Marshals Service employees and contractors are prohibited from disclosing to any person, without authorization by the Court, information relating to a pending civil proceeding that is not part of the public record of the Court and from discussing with the public the merits of such proceeding while it is pending before the Court. This Rule specifically forbids the divulging of information concerning arguments and hearings held in chambers or otherwise outside the presence of the public. LR 83.05 − COURT REPORTERS, AUDIO RECORDINGS, AND TRANSCRIPTS (a) Payment for Transcripts. Any attorney ordering a transcript of testimony or other court proceeding, whether for appeal or otherwise, is personally obligated for the payment of the fee to the court reporter for the transcription, as provided for in Administrative Order 27.

However, this does not apply when the fees are to be paid by the United States of America pursuant to legislative authority. The court reporter may require prepayment for a transcript ordered by an attorney. (b) Certified Daily Transcripts - Notice Required. Any party requesting to obtain a certified daily transcript of a court proceeding must provide notice to the Court at least fourteen (14) days prior to the scheduled date of the proceeding.

Notice must be provided by the filing of a Notice of Request for Certified Daily Transcript. The Clerk's office will notify the appropriate court reporter following the filing of such a notice and the party will then be contacted by the court reporter to make arrangements for the production of the certified daily transcript. 30 (c) Audio Recordings. (1) Copies.

Copies of audio recordings may be requested from the Clerk. The party requesting the copy must comply with the Clerk’s procedures, including payment of any fees. (2) Transcripts. Any party requesting a transcript of an audio recording must contact the Clerk, and comply with procedures set by the Clerk, including payment of any fees.

(3) Judicial Discretion. Recording of telephonic conferences and other conferences is within the discretion of the assigned Judge. If an audio recording is made of a telephonic or other conference, availability of a copy or transcript of that recording is within the discretion of the assigned Judge.

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