Pretrial Conferences; Motions; Evidentiary Hearings;

iv VIII. SUPPLEMENTARY AND SPECIAL PROCEEDINGS [Reserved] .. 59 v PART A: GENERAL RULES I. SCOPE OF RULES; FORM OF ACTION General L. R. 1. Scope and Purpose of Rules.

The General Rules set forth in Part A govern both civil and criminal proceedings in this District. The rules set forth in Part B govern civil proceedings in this District. The rules set forth in Part C govern criminal and petty offense proceedings in this District. In these rules the use of the term “Court” is meant to include both the district judge and the magistrate judge.

Similarly the use of term “judge” without specifying “district” or “magistrate” is meant to include both. Compliance with the rules is expected. However, the rules are intended to be enforced primarily upon the Court’s own initiative, and the filing of motions alleging noncompliance with a rule may be reserved for egregious cases. General L. R. 3.

Assignment of Cases. (a) Civil Cases. (1) When an action is filed, except as otherwise provided by general order of the Court, the case must be randomly assigned to a district judge or a magistrate judge. The Clerk of Court will provide the party filing the action with a form advising all parties of their right to consent to the exercise of jurisdiction by a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c).

The plaintiff must serve each defendant with a consent form. In the case of actions removed from state court, the defendant must serve each other party with a consent form. Each party to the action must file the completed consent form with the Clerk of Court within 21 days after service of the form. (2) In cases assigned to a district judge, a magistrate judge also will be assigned.

If the parties consent to the magistrate judge’s jurisdiction pursuant to 28 U.S.C. § 636(c), the district judge may refer the case to the magistrate judge by written order, and the parties will be notified of such reference by the Clerk of Court. Whether or not the parties have consented to the reference of the case to the magistrate judge, the district judge assigned to the case may designate the magistrate judge to perform any of the duties authorized by 28 U.S.C. § 636 or by these Local Rules, including conducting alternative dispute resolution (ADR) procedures. 1 (3) The Court may by general order require the Clerk of Court to refer certain categories of the district judges’ cases to the magistrate judges for pretrial processing as specified in the order. (b) Criminal Cases.

Upon the return of an indictment or the filing of an information, all felony criminal cases will be assigned by a method of random allocation to a district judge and a magistrate judge of this Court. II. FILING PLEADINGS, MOTIONS, AND ORDERS General L. R. 5. Serving and Filing Pleadings and Other Papers.

(a) General Format of Papers Presented for Filing. (1) All pleadings and other papers must be filed by electronic means unless exempted or otherwise ordered by the Court, which may make reasonable exemptions from the electronic filing requirement. (2) Pro se litigants are exempted from the electronic filing requirements set forth in (1) above and are permitted to file original paper. (3) The original and a copy of all papers must be filed, unless the paper is filed electronically.

In the following matters only the original paper need be filed: pro se litigation, habeas corpus proceedings, bankruptcy appeals, social security reviews, and United States collection cases. (4) A pro se party must include an address and telephone number at which the Court can contact the party. (5) Pleadings and other papers must be formatted for reproduction on 8 ½ by 11 inch paper. The text must be double-spaced, but quotations more than two lines long may be indented and single-spaced.

Headings and footnotes may be single-spaced. Margins must be at least one inch on all four sides. Page numbers may be placed in the margins, but no text may appear there. (6) Either a proportionally spaced or a monospaced face may be used.

(A) A proportionally spaced face must include serifs, but sans- serif type may be used in headings and captions. A proportionally spaced face must be 12-point or larger. (B) A monospaced face may not contain more than 10½ characters per inch. 2 (7) All pleadings and other papers must use a plain, roman style font, although italics or boldface may be used for emphasis.

Case names must be italicized or underlined. (b) Place of Filing. All papers filed by non-electronic means must be filed with the Clerk of Court and not in the judge’s chambers. The Clerk of Court must retain the original of the paper filed, except the original of an order submitted for signature, and must transmit the copy to the judge.

(c) Filing Attorney Signature Block Requirements. The combination of the ECF User ID and Password constitutes proper authentication for the signature of the filing attorney for all electronic documents, as well as for the purposes of the federal rules, and any other purpose for which a signature is required in connection with proceedings before the Court. The proper format for entering an attorney’s signature on a pleading or other document is: s/ [type attorney name here] Attorney Name Attorney Bar Number: Attorney for (Plaintiff/Defendant) ABC Law Firm 123 South Street Milwaukee, WI 53202 Telephone: (414) 123-4567 E-mail: [email protected] (d) Signature Methods for Electronic Documents. The following methods may be used to obtain the electronic signature of a person other than the filing attorney for purposes of a court filing: (1) A scanned image of the originally signed document containing a wet ink signature, in which case the document should be text searchable; (2) An image with a digital signature from a software program that creates a secure electronic signature that uniquely identifies the signer and ensures both the authenticity of the signature and that the signed document has not been altered or repudiated; or (3) A document with an “s/”, followed by the printed name of the signer when: (A) The Filing User obtained the signer’s signature by an authorized signature method provided in subsections (d)(1)-(2) of this rule; or 3 (B) The Filing User obtained the signer’s written permission to use the signer’s electronic signature.

For purposes of this rule, written evidence of permission includes email correspondence. (e) Retention Requirements for Electronic Signatures. A Filing User must retain the signed document or evidence of permission to use the electronic signature for at least one year after the case is closed and all appeals have been exhausted. On receipt of a request from the Court or party, the Filing User must provide the Court or other parties in the case a copy of the signed document or evidence of permission to use the electronic signature.

(f) Notary Signatures. If the original document requires notarization, the filing attorney must: (1) Obtain the signature of a Notary Public on the original document; and (2) Electronically file the document indicating the Notary Public’s Certificate of Notarial Acts with their signature typed in the following format “s/Notary Name”. Committee Comment: This Rule supersedes the previous guidelines set forth in the Clerk’s ECF Policies and Procedures, II., C., (E.D. Wis). Please refer to the current policies and procedures for additional filing information.

Former subparagraph C.3 of the ECF Policies and Procedures relating to multiple signatures is eliminated as unnecessary as this Local Rule authorizes the same signing options for single or multiple signatures.

III.

DISCLOSURES AND DISCOVERY

General L. R. 26. Sequential Numbering of Exhibits. Documents identified as exhibits during the course of depositions, other pretrial proceedings, and at trial should be numbered sequentially. When practicable, only one exhibit number should be assigned to a document or physical object throughout the course of the action.

By way of example, numbers 1-999 can be reserved for plaintiff’s/prosecution’s exhibits, and numbers 1000-1999 can be reserved for defendant’s exhibits. If more than two parties appear in the litigation, successive blocks of 1000 can be reserved for each additional party starting with 2000- 2999. 4 General L. R. 40. Inquiries.

IV.

TRIAL

Inquiries about docket entries must be directed to the Clerk of Court. All other inquiries concerning a pending action may be directed to the judge’s chambers. General L. R. 43. Examining Witnesses.

Unless otherwise ordered, only one attorney for each party may examine or cross-examine a witness. General L. R. 47. Selecting Jurors. (a) Voir Dire of Prospective Jurors.

Unless otherwise ordered, the voir dire examination of prospective jurors will be conducted by the Court. Counsel may submit written proposed questions for voir dire. Counsel may request additional questions in light of prospective jurors’ responses to the Court’s examination. (b) Juror Questionnaires.

Jury qualification questionnaires must be available for inspection in the Clerk of Court’s office after the jury panel has been notified to appear. (c) Communications with Jurors. Parties, attorneys, and the agents or employees of parties or attorneys may not approach, interview, or communicate with a venire member or juror, before, during or after trial, except on leave of Court granted upon notice to opposing counsel and upon good cause shown. Good cause may include a trial attorney’s request for permission to contact one or more jurors after trial for the trial attorney’s educational benefit.

The juror(s) must be advised at the outset of any communication that the juror’s participation is voluntary. Any juror contact permitted by the Court under this rule is subject to the Court’s control. General L. R. 51. Instructions to the Jury.

Counsel must submit written proposed jury instructions and, if required, a written form of verdict before the commencement of the trial. Further instructions may be submitted after the commencement of the trial as permitted by the Court.

V. MAGISTRATE JUDGES General L. R. 72.

Magistrate Judges. (a) Duties. Magistrate judges are authorized to exercise all of the powers and duties set forth in 28 U.S.C. § 636(a) and (b), and are authorized to perform any and 5 all additional duties, as may be assigned from time to time consistent with the Constitution and laws of the United States. (b) Assignment of Duties.

(1) The assignment of duties to the magistrate judges by the district judges of the Court may be made by standing order entered jointly, or by any individual district judge, in any case assigned to the district judge, through written order or oral directive made or given with respect to such case or cases. (2) The duties authorized to be performed by magistrate judges, when assigned to them pursuant to paragraph (a) of this Local Rule, include, but are not limited to: (A) Issuing search warrants (Fed. R. Crim. P. 41), issuing seizure warrants, issuing warrants to install a tracking device (18 U.S.C. § 3117 or Fed. R. Crim. P. 41), issuing orders for disclosure of the contents of wire or electronic communications or records (18 U.S.C. § 2703(d , issuing orders for a pen register or a trap and trace device (18 U.S.C. §§ 3122, 3123), and issuing administrative inspection warrants upon proper application meeting the requirements of applicable law. (B) Issuing complaints and appropriate summonses or arrest warrants for the named defendants. (Fed. R. Crim. P. 4.) (C) Conducting initial appearance proceedings.

(Fed. R. Crim. P. 5.) (D) Appointing counsel for compensation and expense vouchers, and all other duties conformance with the Court’s Criminal Justice Act Plan. indigent persons, approving in (E) Conducting preliminary examinations. (Fed. R. Crim. P. 5.1; 18 U.S.C. § 3060.) (F) Conducting removal hearings for defendants charged in other districts, including the issuance of warrants of removal. (Fed. R. Crim. P. 40.) (G) Issuing writs of habeas corpus ad testificandum and habeas corpus ad prosequendum. (28 U.S.C. § 2241(c)(5).) (H) Releasing or detaining material witnesses.

(18 U.S.C. § 3144.) 6 (I) Issuing warrants and conducting extradition proceedings pursuant to 18 U.S.C. § 3184. (J) Conducting proceedings for the discharge of indigent prisoners or persons imprisoned for debt under process or execution issued by a federal court. (28 U.S.C. § 2007.) (K) Issuing attachment or other orders to enforce obedience to an Internal Revenue Service summons to produce records or given testimony. (26 U.S.C. § 7604(b).) (L) Conducting post-indictment arraignments, accepting not guilty pleas, accepting guilty pleas in misdemeanor and other petty offense cases with the consent of the defendant, when required, and the ordering of a presentence investigation report concerning any defendant who expresses the desire to plead guilty.

(Fed. R. Crim. P. 10, 11(a), 32(c), and 58.) (M) Accepting the return of an indictment by the grand jury; granting leave to the government to dismiss a criminal complaint; and dismissing a criminal complaint upon a finding of unnecessary delay in presenting a charge to the grand jury, filing an information against a defendant or bringing a defendant to trial. (Fed. R. Crim. P. 6(f), 48(a) and 48(b).) (N) Supervising and determining all pretrial proceedings and motions made in criminal cases including, without limitation, motions and orders made pursuant to Fed. R. Crim. P. 12, 12.2(c), 14, 15, 16, 17, 17.1, and 28, 18 U.S.C. § 4244 orders determining excludable time under 18 U.S.C. § 3161, and orders dismissing a complaint without prejudice for failure to return a timely indictment under 18 U.S.C. § 3162; except that a magistrate judge may not grant a motion to dismiss or quash an indictment or information, or a motion to suppress evidence, or any other case dispositive motion, but should make recommendations to the district judge concerning them. (O) Conducting hearings and issuing orders upon motions arising out of grand jury proceedings including orders entered pursuant to 28 U.S.C. § 6003, and orders involving enforcement or modification of subpoenas, directing or regulating lineups, photographs, handwriting exemplars, fingerprinting, palm printing, voice identification, medical examinations, and the taking of blood, urine, fingernail, hair and bodily secretion samples (with appropriate safeguards). 7 (P) Conducting hearings and issuing orders arising out of motion for return of property pursuant to Fed. R. Crim. P. 41(g), except to the extent that the motion is treated as a motion to suppress under Fed. R. Crim. P. 12, and then it must be handled in accordance with subparagraph (2)(N) of this Rule.

(Q) Conducting preliminary hearings in all probation or supervised release revocation proceedings, and conducting final hearings for misdemeanors when the defendant has previously consented to the exercise of jurisdiction by the magistrate judge. (Fed. R. Crim. P. 32.1.) (R) Processing and reviewing habeas corpus petitions or applications filed pursuant to 28 U.S.C. § 2241, those filed by state prisoners pursuant to 28 U.S.C. § 2254, or by federal prisoners pursuant to 28 U.S.C. § 2255, and civil suits filed by state prisoners under 42 U.S.C. § 1983, with authority to require responses, issue orders to show cause and any other orders necessary to develop a complete record, and to prepare a report and recommendation to the district judge as to appropriate disposition of the application, petition, or claim. (S) Supervising and determining all pretrial proceedings and motions made in civil cases including, without limitation, rulings upon all procedural and discovery motions, and conducting pretrial conferences; except that a magistrate judge (absent the consent of all affected parties) may not appoint a receiver, issue an injunctive order pursuant to Fed. R. Civ. P. 65, enter an order dismissing or permitting maintenance of a class action pursuant to Fed. R. Civ. P. 23, enter any order granting judgment on the pleadings or summary judgment in whole or in part pursuant to Fed. R. Civ. P. 12(c) or 56, enter an order of involuntary dismissal pursuant to Fed. R. Civ. P. 41(b) or (c) or enter any other final order or judgment that would be appealable if entered by a district judge, but may make reports and recommendations to that district judge concerning them. (T) Conducting mediation conferences, or other ADR procedures, pursuant to the District’s ADR program.

(U) Conducting all proceedings in civil suits after judgment incident to the issuance of writs of replevin, garnishment, attachment or execution pursuant to governing state or federal law, and conducting all proceedings and entering all necessary orders in aid of execution pursuant to Fed. R. Civ. P. 69. 8 (V) With the consent of the parties, conducting or presiding over the voir dire examination and empanelment of trial juries in civil and criminal cases and accepting jury verdicts in the absence of the district judge. (W) Processing and reviewing all suits instituted under any law of the United States providing for judicial review of final decisions of administrative officers or agencies on the basis of the record of administrative proceedings, and the preparation of a report and recommendation to the district judge concerning the disposition of the case. (X) Serving as a special master in accordance with Fed. R. Civ. P. 53.

(Y) In admiralty cases, entering orders (i) appointing substitute custodians of vessels or property seized in rem; (ii) fixing the amount of security pursuant to Rule C(5), Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, that must be posted by the claimant of a vessel or property seized in rem; (iii) in limitation of liability proceedings, for monition and restraining order including approval of the ad interim stipulation filed with the complaint, establishment of the means of notice to potential claimants and a deadline for the filing of claims; and (iv) to restrain further proceedings against the plaintiff in limitation except by means of the filing of a claim in the limitation proceedings. (Z) Appointing persons to serve process pursuant to Fed. R. Civ. P. 4(c). (AA) Processing and reviewing petitions in civil commitment proceedings under the Narcotic Addict Rehabilitation Act, and the preparation of a report and recommendation to the district judge concerning disposition of the petition. (BB) Supervising proceedings conducted pursuant to letters rogatory or request in accordance with 28 U.S.C. § 1781.

(c) Objections to Magistrate Judge’s Determination in Criminal Cases and in Civil Cases in Which the Parties Have Not Consented to Magistrate Judge Jurisdiction. (1) In criminal cases and in civil cases in which the parties have not consented to magistrate judge jurisdiction, objections to a determination by the magistrate judge are governed by Fed. R. Civ. P. 72 and Fed. R. Crim. P. 59. 9 (2) Any other party may serve and file a response to the objection within 14 days from the date of service of the objection unless a different deadline is set by the Court. (3) The objecting party may serve and file a reply within 7 days from the date of service of the response unless a different deadline is set by the Court.

(d) Record of Proceedings Before Magistrate Judge. (1) The magistrate judge must determine, after taking into account the complexity of the particular matter, whether the record must be taken down by a reporter or recorded by suitable sound equipment. (2) Notwithstanding the magistrate judge’s determination: (A) The proceeding must be taken down by a reporter if any party so requests; (B) The proceeding must be recorded by suitable sound equipment if all parties agree; (C) No record need be made of the proceeding if all parties agree. General L. R. 73.

Duties Under 28 U.S.C. § 636(c) The magistrate judges in this District are designated to exercise the jurisdiction and authority provided by 28 U.S.C. § 636(c), when all parties consent to it, and may conduct any or all proceedings, including a jury or nonjury trial, in a civil case. VI.

DISTRICT COURT AND CLERK OF COURT

General L. R. 79. Custody of Exhibits; Return of Exhibits and Depositions; Withdrawal of Materials in Court Files; Confidential Matters; Sealed Records (a) Custody of Exhibits. All exhibits received in evidence must be placed in the custody of the Clerk of Court unless otherwise ordered by the Court. (b) Return of Exhibits and Depositions.

Within 30 days (60 days for cases in which the United States is a party) after the time for appeal has elapsed and, if there is an appeal, after the filing of the mandate of the reviewing Court, the Clerk of Court must return all exhibits and depositions to the attorneys of record for the respective parties. The Clerk of Court may return such items by certified mail, or upon 14 days’ written notice, require the attorneys of record to remove them. Any 10 exhibits or depositions not removed within the time specified for such removal may be destroyed or otherwise disposed of by the Clerk of Court. (c) Withdrawal of Materials in Court Files.

No pleading, brief, deposition, exhibit or other material belonging in the file of an action may be withdrawn by any person without an order of the Court, except as provided in General L. R. 79(b). Before final disposition of the case, the order must be entered by a judge. After final disposition, the order may be entered by the Clerk of Court, but only if the withdrawal is by an attorney admitted to practice in this Court. In either event, such order must specify the time for return of such materials.

(d) Confidential Matters; Restricted Records; Sealed Records. (1) The Court will consider any document or material filed with the Court to be public unless, at the time of filing, it is accompanied by a separate motion requesting that: access to the document be restricted to the Court and counsel for the parties; or that the document or material, or portions thereof, be sealed by the Court. No motion is necessary to seal or restrict a document or material otherwise protected from disclosure. (2) The separate motion to restrict or seal must be publicly filed and must describe the general nature of the information withheld from the public record.

To the extent possible, the movant should include with the public filing a version of the document or material that redacts only those portions of the document that are subject to the restriction/sealing request. If the motion is denied, the document or material subject to the restriction/sealing request will be publicly filed by the Clerk of Court, unless otherwise ordered by the Court. Parties should refer to ECF Policies and Procedures II.I.2 for additional procedures related to filing sealed or restricted documents. (3) Any motion to restrict access or seal must be supported by sufficient facts demonstrating good cause for withholding the document or material from the public record.

If the documents or materials sought to be restricted/sealed have been designated confidential by someone other than the filing party, the filing party may explain in the motion that the documents or materials are being filed under seal pursuant to a Court-approved protective order or otherwise, and that the filing party supports, objects to, or takes no position on the continued sealing of the documents or materials. In response, the person or party that originally designated the documents or materials as confidential may, if it chooses, provide sufficient facts demonstrating good cause to continue sealing the documents or materials. Absent a sufficient factual basis demonstrating good cause sufficient to seal the documents or materials, the motion must be denied and the documents or materials publicly filed by the Clerk of Court, unless otherwise ordered by the Court. 11 (4) Any party seeking to restrict access to documents or materials or to file confidential documents or materials under seal, whether pursuant to a Court-approved protective order or otherwise, must include in the motion a certification that the parties have conferred in a good faith attempt to avoid the motion or to limit the scope of the documents or materials subject to sealing under the motion.

(5) The following documents or materials do not require a separate motion to be filed under seal: (a) an unredacted disclosure statement filed in accordance with Civil L. R. 10(c); (b) documents or materials filed in an action under the False Claims Act, in accordance with 31 U.S.C. § 3730(b), unless otherwise ordered by the Court; (c) documents or materials concerning or contesting ongoing grand jury proceedings; and (d) documents or materials concerning cooperation by criminal defendants, filed pursuant to 18 U.S.C. § 3553, United States Sentencing Guideline § 5K1.1, and Fed. R. Crim. P. 35. (6) To the extent that any answers to interrogatories, transcripts of depositions, responses to requests for admissions, or any other papers filed or to be filed with the Court contain material designated as confidential, these papers, or any portion thereof, must be filed under seal by the filing party with the Clerk of Court in an envelope marked “SEALED.” (7) Any party filing material claimed to be confidential under subsection (6) must include with that filing either: (1) a motion to seal the material pursuant to this rule; or (2) an objection to the designation of the material as confidential and a statement that the objection to the designation has been provided to the person claiming confidentiality. If such an objection is made, the person having designated the material as confidential may file a motion to seal under this rule within 21 days of the objection. Committee Comment: The withdrawal contemplated by General Local Rule 79(c) is not a permanent withdrawal from the record.

Rule 79(c) addresses the temporary withdrawal from the file or "checking out" pleadings and/or exhibits from the court file for purposes such as copying or preparing an appeal. The motion to seal filed in accordance with General Local Rule 79(d) should be limited to that portion of the material necessary to protect the movant from the harm that may result from disclosure, e.g., the fact that a single page or paragraph of a document contains confidential material generally will not support a motion to seal the entire document. The Court encourages the parties to avoid filing materials designated confidential whenever reasonably possible. The standard for showing good cause is 12 quite high, and there is no guaranty that material designated confidential will remain under seal.

Instructions for filing the material under seal are set forth in the Electronic Case Filing Policies and Procedures Manual, which may be found on the official website of the United States District Court for the Eastern District of Wisconsin.

VII.

GENERAL PROVISIONS

General L. R. 83. Courthouse; Appearing Before the Court; Admission to Practice; Discipline; Only Natural Persons May Appear Pro Se; Sanctions. (a) Courthouse. (1) Photographing, Broadcasting, and Recording.

No one may take any photographs of, make any recordings in, or make any broadcasts from any of the courtrooms, jury rooms adjacent to the courtrooms, libraries, the grand jury room and adjacent areas, the clerk’s office, or the corridors located on the second, third and fourth floors of the Federal Courthouse in Milwaukee or the court-occupied space in Green Bay, without first obtaining written permission from the person in charge of those offices. These prohibitions do not apply to ceremonial proceedings. (2) Causing a Disturbance or Nuisance. Causing a disturbance or nuisance in the Federal Courthouse in Milwaukee or in the court-occupied space in Green Bay is prohibited.

Picketing or parading outside of the Federal Courthouse in Milwaukee is prohibited only when such picketing or parading obstructs or impedes the orderly administration of justice. (3) Contempt. The United States Attorney may enforce these prohibitions by seeking an order that requires any person who violates General L. R. 83(a)(1) or 83(a)(2), or both, to appear before a judge to answer to a charge of contempt. (4) Enforcement.

The United States Marshal, the Marshal’s deputies or a custodian of the Federal Courthouse may enforce General L. R. 83(a)(1) or 83(a)(2), or both, by ejecting violators or by referring the matter to the United States Attorney. (b) Appearing Before the Court. Unless appearing pro se subject to the limitations in General L. R. 83(e), all parties to proceedings in this Court must appear 13 by an attorney admitted to practice in this Court. This requirement does not apply to attorneys appearing pursuant to Fed. R. Civ. P. 45(f).

(c) Admission to Practice. (1) Eligibility for Admission to Practice. Any licensed attorney in good standing before any United States court, or the highest court of any State, or the District of Columbia is eligible for admission to practice in this Court. (2) Procedure for Admission to Practice.

(A) An eligible attorney who seeks admission to practice in this Court must complete the admission form prescribed by the Clerk of Court using the Pacer system as follows: (i) Electronically submit to the Clerk of Court: (1) certificate of good standing from any United States court, or the highest court of any State or the District of Columbia; or (2) the affidavit or sworn statement of an attorney admitted to practice in this Court that the applicant is an attorney in good standing in one of these courts. (ii) File with the Clerk of Court the following oath subscribed and sworn to before any person authorized to administer oaths: I do solemnly swear that to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign and domestic, and that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will demean myself as an attorney and counselor of the United States District Court for the Eastern District of Wisconsin uprightly and according to law. Thereupon, after payment of the prescribed fee to the Clerk of Court, the Clerk of Court may admit the applicant to practice before this Court. (B) At the request of an eligible attorney and upon motion of a member of this Court and after payment of the prescribed fee, the eligible attorney may be admitted ceremonially by a judge.

14 (C) Upon good cause shown, a judge or the Clerk of Court may permit an eligible attorney to be admitted to practice without payment of the prescribed fee. (D) Any federal government attorney authorized by statute or regulation to appear in a United States district court is admitted to practice before this Court. (E) Pro hac vice motions for admission are not permitted. (3) Assistance of Local Counsel.

At any time, upon its own motion, the Court may require that a nonresident attorney obtain local counsel to assist in the conduct of the action. (d) Discipline. (1) Attorneys practicing before this Court are subject to the Wisconsin Rules of Professional Conduct for Attorneys, as such may be adopted from time to time by the Wisconsin Supreme Court and except as may be modified by this Court. After notice and opportunity to be heard, any attorney who violates those standards of conduct may be barred from practice before this Court, suspended from practice for a definite time, reprimanded, or subjected to such other discipline as the Court may deem proper.

(2) Notwithstanding the provisions of General L. R. 83(d)(1), upon learning that any attorney admitted to practice in this Court has been disbarred or suspended from practice (other than for the nonpayment of dues) by the highest court of any state in which the attorney is licensed, this Court may suspend the attorney from practice before this Court. The Clerk of Court must mail a notice of suspension and a copy of this rule to the attorney. Upon request, the attorney must be afforded a reinstatement hearing within 30 days from the date the request is received by the Court. Any attorney admitted to practice or appearing before this Court who is disbarred or suspended in any jurisdiction must promptly report the matter to this Court.

(3) The Court, in its discretion, may report any allegation of unethical conduct to the appropriate authority regulating the practice of law in any jurisdiction in which the attorney has been admitted to practice law. (e) Only Natural Persons May Appear Pro Se. Only natural persons, including those operating sole proprietorships, may appear pro se. Legal entities, such as corporations, partnerships, unincorporated associations, limited liability companies, or trusts, must be represented by legal counsel.

15 (f) Sanctions for Violation of Local Rules. The Court may impose appropriate sanctions on any party or attorney who fails to comply with a Local Rule. The Local Rules are intended to be enforced primarily upon the Court’s own initiative. A party should not file a motion seeking sanctions for alleged noncompliance with a Local Rule unless the alleged violation is egregious or unfairly prejudicial.

Committee Comment: The Committee reviewed an April 16, 2009, memorandum from the Administrative Office of the United States Courts addressing attorney admission procedures and verification of attorneys’ bar status. In light of that memorandum, the Court should consider whether to eliminate the provision of General L. R. 83(c), allowing applicants to rely on the affidavit or sworn statement of an attorney admitted to practice in this District to establish that the applicant is an attorney in good standing elsewhere, or an oral attestation to that effect. Eliminating those provisions might increase the burden on the state bar entities to produce certificates of good standing for applicants for admission to practice in this District. General L. R. 83(c) has been amended to make explicit that one seeking admission to practice in this District must pay the fee.

The former rule emphasized the application and oath requirements and mentioned payment of the fee only in passing. In contrast, the Court’s website lists the fee separately, thus enumerating three requirements for admission to practice in this District. General L. R. 83(c)(2)(D) is new. The provision that any federal government attorney authorized by statute or regulation to appear in a U. S. district court is admitted to practice in this District is based, in substantial part, on 28 U.S.C. §§ 515- 517.

General L. R. 83(f) is new and explicitly states that the Court has the ability to issue sanctions under the local rules. The second and third sentences reflect the Court’s expectation that counsel will rarely file such motions. General L.R. 84. Law Student Practice (a) Scope.

With permission of the Court, an eligible law student acting under a supervising attorney may appear in court, provided that any party on whose behalf the student appears has provided written consent. Such consent must be maintained in the files of the supervising attorney. (b) Eligibility. To practice pursuant to this rule, a student must: (1) Be enrolled in a law school accredited by the American Bar Association.

(2) Have completed the equivalent of at least two semesters of legal training. 16 (3) Provide the student’s supervising attorney a letter from the student’s law school, certifying that the student is in good standing and satisfies the eligibility requirements set forth in subsection (b)(1) and (2). (c) Supervisor Requirements. To supervise a student eligible to practice under this rule, an attorney must: (1) Be admitted to practice in the Eastern District of Wisconsin; (2) Obtain permission from the Court for the student to appear; (3) Appear with the student at all proceedings and be prepared to supplement any written or oral statement made by the student to the Court or opposing counsel; (4) Review all written submissions by the student before filing; and (5) Assume overall responsibility for the student’s work.

(d) Permitted Student Activities. Under the oversight of a supervising attorney, an eligible student may: (1) Sign pleadings, motions, responses, briefs, and other filings, provided the supervising attorney also signs the filing. (2) Appear and participate in judicial proceedings, provided the supervising attorney is present with the law student; and (3) Take part in other activities in connection with cases, subject to the oversight of the supervising attorney. (e) Permission of the Court.

The Court may at any time, and for any reason, decline to allow the student to participate or terminate the student’s participation in any matter. Committee Comment. This rule is designed to enhance law student education and to promote the legal competency of future practitioners in the Eastern District. The rule is meant to provide flexibility to allow for student participation under the direction of a qualified attorney and subject to the discretion of the presiding judicial officer.

17 PART B: CIVIL RULES I. SCOPE OF RULES