RECORDS KEPT BY THE CLERK

Except upon court order, no paper or record on file with the clerk shall be removed from the clerk's custody, other than by authorized court personnel or for transmission to an appellate court. Any person may inspect and copy such papers or records unless otherwise provided by statute, rule or court order. -51- RULE 83A ATTORNEYS: ADMISSION TO THE BAR (a) Eligibility for Admission. Any attorney who is of good personal and professional character, and who is an active member in good standing of, and eligible to practice before, the bar of the highest court of a state, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, and who is not then disbarred from, or under a period of suspension, b y any court of record in the United States, is eligible for admission to the bar of this court provided the attorney also complies with one of the following provisions: (1) (2) (3) (4) Has received a satisfactory score on the bar examination as determined by the District Bar Examination Committee; or, has served, for a period of one year, as a United States district judge, magistrate judge, bankruptcy judge, clerk, chief deputy clerk, or law clerk in this court, or as the United States attorney, an assistant United States attorney, a special assistant United States attorney, the federal public defender, an assistant federal public defender, or a research and writing specialist, who work for the Office of the Federal Public Defender in this district; or, has served, for a period of five (5) years, as a Supreme Court Justice, a Court of Appeals Judge, or a Judge of the Court of First Instance in the General Court of Justice of the Commonwealth of Puerto Rico; or, has served on a continuous basis for at least ten (10) years as a full-time tenured law professor at a law school duly accredited by the American Bar Association and any other pertinent authority [ provided that both at the time of his or her graduation from law school and the start of his or her tenure no district examination was administered in this district.] (b) Committee on Admissions. A Committee on Admissions composed of three (3) members in good standing of the bar of this court shall be named by the a c t i v e d i s t r i c t judges to aid in the screening and evaluation of the applications for admission to the bar of this court.

The members shall be appointed for terms of three (3) years, except that initial appointments shall be for one, two and three years, so that the term of three members shall expire each year and membership shall rotate with continuity. Upon its expiration an appointment may be renewed or filled by the court, as appropriate, provided that the same member does not serve continuously for more than two (2) regular terms. The court shall designate one member to chair the committee. -52- (c) Procedure for Admission. (1) Petition.

Each applicant for admission to the bar of this court shall file a sworn written petition setting forth his or her: residential, office, and electronic addresses, residential and office telephone and facsimile numbers; email addresses; courts to which admitted to practice; legal training and experience; proficiency in written and oral English; and the availability to work pro bono. The petition shall be filed with the clerk accompanied by the following documents: certificate of admission and good standing from the clerks of all courts to which applicant is admitted to practice; certificate of good conduct issued by the police department where applicant resides; an itemized written statement detailing the nature, status, and disposition of any criminal prosecution or conviction; evidence of satisfaction of one of the eligibility criteria set forth in subsection (a) above, including evidence of receipt of a satisfactory score in the District Bar Examination, if applicable; three (3) personal references, of which two (2) must be by members in good standing of the bar of this court. The date of issuance of the documents must not exceed three (3) months from the date of the Petition. (2) Referral for Report.

Upon filing of the petition and accompanying documents, the clerk shall refer the matter to the Committee on Admissions. The committee shall consider the petition and render a report to the court within thirty (30) days of its receipt, or such additional period of time as the court may determine upon request by the committee. If the Committee on Admissions finds that it has grounds to render an unfavorable report, it shall notify the applicant in writing of the nature of the evidence. The applicant may rebut this evidence within the reasonable time established by the committee.

The committee shall, upon reviewing all the evidence, render its report to the court. If the report is unfavorable, the committee shall state the bases for its findings. (3) Determinations on Admissions. Upon receipt of the report from the Committee on Admissions, the court shall convene to consider and pass upon the application.

Determinations on petitions for admission will be made by a majority vote of the active district judges of this court. Whenever a majority of the judges cannot agree as to the admission of an applicant, the decision shall be made by the c hief j udge. The clerk shall notify each applicant in writing of the court’s decision. -53- (4) (5) Hearing. The court may deny any petition for admission, regardless of the nature of the report, provided that the applicant is served with notice of the grounds for the denial and afforded an opportunity to be heard.

Certificate of Admission. Upon admission to the bar of this court and payment of the applicable admissions fee, the clerk shall issue a certificate of admission after the applicant has taken and subscribed the following oath or affirmation before this court: I do solemnly swear (affirm) that I will demean myself as an attorney and counselor of this Court uprightly and according to law; and that I will support and defend the Constitution of the United States. So help me God. The applicant shall sign the roll of attorneys of this court, shall be assigned a bar member number by the clerk, and shall thenceforth be a member of the bar of this court.

(d) Practice Before this court; Continuing Membership; Practice Prohibited While on Inactive Status. (1) (2) Except as otherwise provided by these rules, only members of the bar of this court shall practice in this court. Admission to and continuing membership in the bar of this court is limited to attorneys who are of good moral character and are active members in good standing of the bar of the highest court of any state, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States. Any attorney previously admitted to the bar of this court who no longer is in good standing of the bar of the highest court of any state, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, may not practice before this court.

Inactive Status. An attorney admitted to and in good standing with this court may request to be placed on “Inactive Status” by filing a written request to the clerk. While on “Inactive Status”, an attorney will not accrue annual bar membership renewal fees, will not have access to CM/ECF, will not be eligible for appointments in criminal cases and pro bono cases under Local Civil Rule 83L, and will not be eligible to participate in court sponsored Continuing Legal Education seminars. To return to Active Status, a written request should be filed with the clerk and renewal fees paid for the year in which the request is made. -54- (3) Bar Membership Renewal Fees: To remain in good standing with this court, attorneys must pay bar membership renewal fees on or before October 1st of each year.

All attorneys who fail to pay the bar membership renewal fees will not be considered to be in good standing. These attorneys will not have access to CM/ECF, will not be eligible for appointments in criminal cases and pro bono cases under Local Civil Rule 83L, and will not be eligible to participate in court sponsored Continuing Legal Education seminars (e) Attorneys for the United States and Federal Public Defenders. (1) Eligibility to Practice. An attorney who is not eligible for admission under subsection (a) of this rule, but who is a member in good standing of, and eligible to practice before, the bar of any United States court or of the highest court of any state, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, and who is of good moral character and is not subject to pending disciplinary proceedings as a member of the bar in any jurisdiction, may appear and practice in this court in any matter in which the attorney is employed or retained by the United States or its agencies or the office of federal public defender. -55- (2) Temporary Permission.

Attorneys permitted to practice in this court pursuant to subsection (1)(e) are subject to the jurisdiction of the court with respect to their conduct to the same extent as members of the bar of this court, and the court may at any time revoke the permission for good cause without a hearing. Once the attorney ceases to be employed or retained by the United States, any of its agencies, or the Office of the Federal Public Defender, he or she shall cease to practice in this court in that official capacity. U n l es s al r e a d y ad m i t t ed t o p r a c t i ce b ef o r e t h i s c o u r t , the attorney shall then be required to apply for admission to the bar of this court pursuant to subsection (a) above, in order to appear and practice in this court. (3) Application.

Attorneys for the United States or employed as federal public defenders requesting permission to appear and practice before this court pursuant to this rule, shall file a motion to appear and practice with the clerk addressing the required eligibility standards. The motion shall be signed by the attorney applicant and the authorized representative of the employing or retaining instrumentality or agency of the United States. The clerk shall, within fourteen days from the filing of the motion, enter an order denying or granting permission to appear and practice, or requesting additional information, as appropriate. (4) Special Roll of Attorneys.

Upon authorization by the clerk, the attorney shall sign the specially-designated roll of attorneys of this court, whereupon he or she shall be assigned an appearance number. (5) Admission Fee not Applicable. Although permission to appear and practice before this court pursuant to this rule subjects attorneys to the jurisdiction of the court with respect to their conduct to the same extent as members of the bar of this court, the permission is not considered an admission to the bar of this court. Therefore, no admission fee shall be taxed.

(f) Pro Hac Vice. An attorney who does not reside in the Commonwealth of Puerto Rico and who is authorized to practice law before the bar of any United States court or of the highest court of any state, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands or the Virgin Islands of the United States, may apply for permission to appear as attorney of record in a particular case or proceeding. The movant shall: (1) (2) (3) designate a member of the bar of this court as local counsel; state the court(s) in which the movant is admitted to practice law; attest that the movant is not currently suspended from practicing law before any court or jurisdiction; -56- (4) state if any complaint for unethical misconduct, disciplinary proceeding, or criminal charges involving the movant are currently pending before any court or jurisdiction; and, (5) pay the appropriate fee. The pro hac vice application shall be presented to the court in the form available at the clerk’s office or on the court’s web site (www.prd.uscourts.gov), together with the prescribed admission fee.

The court will not refund the fee if the motion is denied. The court may at any time revoke pro hac vice admission for good cause without a hearing. An attorney permitted to practice before this court pro hac vice in a particular action shall at all times remain associated in the action with a member of the bar of this court. All process, notices, and other papers shall be served on the attorney admitted pro hac vice and on the member of the bar of this court.

Both attorneys shall sign all filings submitted to the Court. The attendance of the member of the bar of this court is required at all proceedings, unless excused by the court. (g) Disciplinary Jurisdiction. Whenever an attorney applies to be admitted or is admitted as a member of the bar of this court or pro hac vice for purposes of a particular proceeding, the attorney shall be deemed to have conferred disciplinary jurisdiction upon this court for any alleged misconduct of that attorney arising in the course of, or in the preparation for, such proceeding.

(h) Other Persons. A person who is not a member of the bar of this court, and who is not otherwise eligible for admission pursuant to these rules, will only be allowed to appear and practice before the court pro se, that is, on his or her own behalf. That representation may not be delegated to any other person, including a spouse, parent or other relative, or to any other party on the same side who is not represented by an attorney. A non-attorney guardian for a minor or an incompetent person who is not an attorney must be represented by counsel.

Any person appearing pro se will be required to comply with these local rules and with the federal rules of evidence and procedure. Pro se litigants are expected to compose their pleadings substantially to the standards set forth in the Federal Rules of Procedure and these rules, and to allege sufficient facts to support a cognizable legal claim. Although the court may be more lenient with pro se litigants, unrepresented parties are not immune from sanctions. -57- RULE 83B LAW STUDENT PRACTICE (a) Appearance in Court by Law Students. Upon satisfaction of the requirements of this rule, a law student is deemed eligible to assist in the preparation of briefs, motions and other documents in civil and criminal matters on behalf of an indigent defendant, as assigned by the court, provided that the law student is supervised by an attorney admitted to the bar of this court.

At the discretion of the court, and upon the express prior approval of the presiding judge, the student may appear and make oral presentations accompanied by a supervising attorney. Law students in law school clinics are prohibited from receiving direct or indirect payment or remuneration of any kind in connection with his or her student practice before this court. The court may, at its discretion, establish any exception it deems necessary to this rule, and at any time may revoke permission for an eligible law student to appear and practice, without cause, notice, or hearing. (b) Eligible Law Students.

Eligible law students must be actively enrolled and in good standing in a law school accredited by the American Bar Association and have completed four (4) semesters of the legal studies required for graduation, including courses in civil and criminal procedure, and evidence. Motions requesting permission for an eligible law student to appear and practice before this court must be filed by a supervising attorney with the clerk, accompanied by all necessary documents demonstrating compliance with the provisions of this rule, including: A certification by the dean of the law school that the law student is adequately trained to fulfill all responsibilities as a law student intern to the court; and a statement by the law student that he has read and is familiar with the Local Rules, the American Bar Association Model Rules of Professional Conduct and the American Trial Lawyers Code of Pretrial and Trial Conduct, as adopted by this court. (c) Certification. The dean of a duly accredited school of law may certify a law student who meets the following requirements: (1) (2) has completed legal studies amounting to at least 4 semesters; is of good character and competent legal ability and is adequately trained to perform as a legal intern; -58- (3) (4) promises not to ask for or receive any compensation or remuneration of any kind for his or her services from the person on whose behalf service is rendered; but this shall not prevent a legal aid bureau, law school, law firm, or government from paying compensation to the eligible law student, nor shall it prevent any agency or law firm from making such charges for its services as it may otherwise properly require; and, has read and is familiar with the American Bar Association’s Model Rules of Professional Conduct, the American College of Trial Lawyers Code of Pretrial and Trial Conduct, the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, and the Local Rules of this court.

The certification shall be filed with the clerk and may be withdrawn by the dean at any time by mailing notice to that effect to the clerk; it is not necessary that the notice state the cause for withdrawal. The certification may be terminated by the court without notice or hearing and without any showing of cause. Notice of termination shall be filed with the clerk. (d) Supervising Attorneys.

Supervising attorneys must have been admitted to practice before this court for at least three (3) years. Supervising attorneys shall attend all assigned law student practice proceedings before the court and sign all filings submitted to the court. Supervising attorneys must assist and counsel law students in all aspects of, and assume professional responsibility and liability for, the supervised law students' practice in matters before the court. -59- RULE 83C DISTRICT BAR EXAMINATION (a) District Examination Committee. The chief judge or his or her designee, together with up to nine (9) members in good standing of the bar of this court appointed by the active district judges of this c ourt, shall develop a testing format and administer a District Bar Examination.

The members shall be appointed for staggered terms of three (3) years, except that initial appointments shall be for one, two and three years, so that the term of three members shall expire each year and membership shall rotate with continuity. Upon expiration, an appointment may be renewed or filled by the c ourt, as appropriate, provided that the same member does not serve continuously for more than two (2) regular terms. The court shall designate one member to chair the Committee. Five members of the Committee shall constitute a quorum.

(b) Exam Format. The examination shall test candidates’ knowledge of eight (8) separate subject areas: Federal Civil Procedure, Federal Evidence, Federal Jurisdiction and Venue, Federal Criminal Procedure, Federal Appellate Procedure, Bankruptcy, Local Rules, and Ethics. The examination shall include a mandatory essay question to verify candidates’ certification of the ability to read, write, and understand the English language. The examination shall be administered twice each year.

(c) Application. Applicants to take the district bar examination shall file an application available at the clerk’s office or on the court’s website, www.prd.uscourts.gov, or transmit it online within the deadline for the prescribed application period. The application form must be accompanied, or supplemented, within that period, with payment of the prescribed non-refundable examination fee (payable in cash, or b y check or money order made to “Clerk, U.S. District Court”), and evidence of admission to the bar of any United States court or of the highest court of a state, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States. -60- RULE 83D ATTORNEYS: APPEARANCES AND WITHDRAWALS (a) Appearances. An attorney's signature to a pleading shall constitute an appearance.

Otherwise, an attorney who wishes to participate in any manner in any action must file a formal written appearance. An appearance, whether by pleading or formal written appearance, shall be signed by an attorney in his or her individual name and shall state his or her bar admission number, email, office and postal addresses, and facsimile and telephone numbers. (b) Withdrawals. No attorney may withdraw an appearance in any action except by leave of court. -61- RULE 83E ATTORNEYS: DISCIPLINARY RULES AND ENFORCEMENT (a) Standards for Professional Conduct - Basis for Disciplinary Action.

In order to maintain the effective administration of justice and the court integrity, each attorney admitted or permitted to practice before this court shall comply with the standards of professional conduct required by the Model Rules of Professional Conduct (the “Model Rules”), adopted by the American Bar Association, as amended, and the Code of Pretrial and Trial Conduct published by the American College of Trial Lawyers, as amended (“Code of Pretrial and Trial Conduct”). Attorneys who are admitted or permitted to practice before this court are expected to be thoroughly familiar with the Model Rules’ and Code of Pretrial and Trial Conduct’s standards. Any attorney admitted or permitted to practice before this court may be disbarred, suspended from practice, reprimanded, or subjected to an y other disciplinary action for misconduct as the circumstances may warrant, for good cause shown, and after notice and an opportunity to be heard. Acts or omissions by an attorney admitted or permitted to practice before this court, individually or in concert with any other person which violate the Model Rules or the Code of Pretrial and Trial Conduct, shall constitute misconduct and shall be grounds for discipline, whether or not the act or omission occurred in the course of an attorney-client relationship or in the course of judicial proceedings.

(b) Disciplinary Proceedings. When misconduct or allegations of misconduct which, if substantiated, would warrant discipline on the part of an attorney admitted or permitted to practice before this court, shall come to the attention of a judge of this court, whether by complaint or otherwise, and the applicable procedure is not otherwise mandated by these Rules, the judge shall refer the matter t o a magistrate judge or the Disciplinary Committee for investigation. The referral and all further proceedings shall be sealed and remain confidential until the court orders otherwise. The magistrate judge or the Disciplinary Committee shall provide the attorney with a copy of the referral order, complaint and any other relevant documentation.

The magistrate judge or the Disciplinary Committee shall afford the attorney the opportunity to be heard, and shall make a determination as to whether probable cause exists to believe that the attorney has engaged in misconduct as defined by the Model Rules. If no probable cause is found, the matter will be deemed closed and the referring judge shall dismiss it. Upon a determination of probable cause, the magistrate judge or Disciplinary Committee shall issue a written finding specifying the misconduct charge as well as the -62- particular provisions of the Model Rules or the Code of Conduct involved, which shall be notified to the attorney. The magistrate judge or Disciplinary Committee shall then conduct an evidentiary hearing, at which the attorney shall have the right to be represented by counsel, as well as to compel the attendance of witnesses.

After conclusion of the evidentiary hearing, the magistrate judge or disciplinary committee shall issue a report and recommendation addressed to the chief judge. The attorney may submit objections to the report and recommendation. Any objection shall be filed with the court within fourteen (14) days upon notice of the report and recommendation. The matter will then be submitted to the court for final determination by a majority of the active district judges.

(c) Disciplinary Penalties. An order imposing discipline under this rule may consist of any of the following: (1) disbarment; (2) suspension; (3) public or private reprimand; (4) (5) monetary penalties, including an order to pay the costs of proceedings; or if the attorney was admitted pro hac vice or has been otherwise permitted to appear, preclusion from again appearing before this court. Any suspension or reprimand imposed may be subject to additional specified conditions, which may include continuing legal education requirements, counseling, or supervision of practice, or any other condition which the court deems appropriate. (d) Powers of Individual Judges to Deal with Contempt or Other Misconduct Not Affected.

The remedies for misconduct provided by this rule are in addition to the remedies available to individual judges under applicable law with respect to lawyers appearing before them. Misconduct of any attorney in the presence of a judge or in any manner with respect to any matter pending before the court may be dealt with directly by the judge in charge of the matter or, at the judge’s option, referred to the chief judge, or both. Nothing in this rule shall limit the court’s power to punish contempt or to sanction counsel in accordance with the federal rules of procedure or the court’s inherent authority to enforce its rules and orders. -63- (e) Notice of Disciplinary Action to Other Courts. The clerk shall give prompt notice of any order imposing discipline under this rule to the Court of Appeals for the First Circuit, the Supreme Court of Puerto Rico, any court to which the disciplined attorney may have been admitted to practice, and the American Bar Association.

(f) Confidentiality. Unless otherwise ordered by the court, complaints or grievances and any file based on them, shall be treated as confidential. (g) Disbarment or Suspension on Consent While Under Disciplinary Investigation or Prosecution. (1) Affidavit of Consent.

Any attorney admitted or permitted to practice before this court who is the subject of an investigation into, or a pending proceeding involving, allegations of misconduct may consent to disbarment or suspension, but only by delivering to this court an affidavit stating that the attorney desires to consent to disbarment or suspension and that: (A) (B) (C) (D) the attorney’s consent is freely and voluntarily given; the attorney is not being subjected to coercion or duress; and that the attorney is fully aware of the implications of his or her consent; the attorney is aware that there is a pending investigation or proceeding involving allegations that grounds exist for the attorney's discipline, the nature of which the attorney shall specifically set forth; the attorney acknowledges that the material facts so alleged are true; and, the attorney consents because the attorney knows that if charges were predicated upon the matters under investigation, or if the proceedings were prosecuted, the attorney could not successfully defend himself. (2) Order of Disbarment or Suspension on Consent. Upon receipt of the required affidavit, the court shall enter an order disbarring or suspending the attorney. (3) Disclosure.

The order disbarring or suspending the attorney on consent shall be a matter of public record. The affidavit required under the provisions of this rule shall not be publicly disclosed, however, or made available for use in any other proceeding except upon order of this court. -64- (h) Disbarment on Consent or Resignation in Other Courts. (1) Any attorney admitted to practice before this court who is disbarred on consent or resigns from the bar of any court while an investigation into allegations of misconduct is pending, shall be stricken from the roll of attorneys admitted to practice before this court, upon the filing of a certified copy of the judgment or order of disbarment or accepting such disbarment on consent or resignation. (2) Any attorney admitted to practice before this court, upon being disbarred on consent or resigning from the bar of any court while an investigation into allegations of misconduct is pending, shall promptly inform the clerk of the disbarment on consent or resignation.

(i) Attorneys Convicted. (1) Felony Convictions. (A) (B) Conviction in this District. Upon the entry of judgment of a felony conviction against an attorney admitted or permitted to practice before this court, the clerk shall immediately notify the chief judge of the conviction.

The chief judge or his or her designee may then immediately issue an order suspending the attorney, regardless of the pendency of any appeal, until final disposition of a disciplinary proceeding as set forth in this rule. Convictions in Other Courts. Upon the filing with this court of a certified copy of a judgment of conviction demonstrating that any attorney admitted or permitted to practice before this court has been convicted of a felony in any Court of the United States or of a state, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, the chief judge or his or her designee shall enter an order immediately suspending that attorney, regardless of the pendency of any appeal, until final disposition of a disciplinary proceeding to be commenced upon such conviction. A copy of the order shall immediately be served upon the attorney.

(C) Other Crimes. Upon the filing of a certified copy of a judgment of conviction of an attorney for any crime, the chief judge may appoint a Disciplinary Committee for whatever action deemed warranted. -65- (2) Certified Judgment as Conclusive Evidence. A certified copy of a judgment of conviction of an attorney for any crime shall be conclusive evidence of the commission of that crime in any disciplinary proceeding based upon the conviction instituted against that attorney. (3) Reinstatement Upon Reversal of Conviction.

An attorney suspended under the provisions of this rule will be reinstated immediately upon the filing of a certificate demonstrating that the underlying conviction has been reversed, but the reinstatement will not terminate any disciplinary proceeding then pending against the attorney. (j) Discipline Imposed by Other Courts. (1) When it is shown to this court that any member of its bar has been suspended or disbarred from practice in any other court of c om pe t e nt j ur i s d i c t i on , or has been f o u n d guilty by another court of conduct unbecoming a member of the bar of this court, the member will be subject to suspension or disbarment by this court. The member shall be afforded an opportunity to show good cause, within such time as the court shall prescribe, why the member should not be suspended or disbarred.

Upon the member’s response to the order to show cause, and after hearing, if requested, or upon expiration of the time prescribed for a response, if no response is made, the court shall enter an appropriate order. (2) Upon the filing of a certified copy of a judgment or order establishing that an attorney admitted or permitted to practice before this court has been disciplined by any court of competent jurisdiction, this court shall issue forthwith a notice directed to the attorney containing: (A) a copy of the judgment or order from the issuing court; and (B) an order directing the attorney to show cause within thirty (30) days after service of the order why disciplinary action should not be taken against him or her. (3) The chief judge may designate a magistrate judge another judge or a Disciplinary Committee to investigate and submit a report and recommendation. (k) Reinstatement.

(1) After Disbarment or Suspension. An attorney suspended or disbarred may not resume practice until reinstated by order of this court. (2) Hearing on Application. Petitions for reinstatement by an attorney who has been disbarred or suspended under this rule shall be filed with the chief judge, who shall schedule the matter for consideration by the active district judges of this court within thirty -66- (30) days from receipt of the petition.

In considering the petition for reinstatement, the active district judges shall enter the order they deem appropriate. In considering the petition for reinstatement, the court may schedule a hearing at which the petitioner shall have the burden of demonstrating by clear and convincing evidence that he or she has the moral qualifications, competency and learning in the law required for admission to practice before this court and that resumption of the practice of law will not be detrimental to the integrity of the bar, the administration of justice, or undermine the public interest. (3) Conditions of Reinstatement. If the petitioner is found unfit to resume the practice of law, the petition shall be dismissed.

If the petitioner is found fit to resume the practice of law, the judgment shall reinstate him, provided that the judgment may make reinstatement conditional upon the payment of all or part of the costs of the proceedings and upon the making of partial or complete restitution to parties harmed by the petitioner whose conduct led to the suspension or disbarment. (l) Duties of the Clerk. Upon being informed that an attorney admitted or permitted to practice before this court has been convicted of any crime, the clerk shall determine whether the clerk of the court in which such conviction occurred has forwarded a certificate of such conviction to this court. If a certificate has not been forwarded, the clerk shall promptly obtain a certificate and file it with this court.

(1) Upon being informed that an attorney admitted or permitted to practice before this court has been subjected to discipline by another court, the clerk shall determine whether a certified or exemplified copy of the disciplinary judgment or order has been filed with this court, and, if not, the clerk shall promptly obtain a certified or exemplified copy of the disciplinary judgment or order and file it with this court. (2) Whenever it appears that any person convicted of any crime or disbarred or suspended or censured or disbarred on consent or precluded from appearance and practice by this court is admitted to practice law in any other jurisdiction or before any other court, the clerk shall promptly transmit to the other court, a certificate of the conviction or a certified exemplified copy of the judgment or order of disbarment, suspension, censure, disbarment on consent, or order of preclusion, as well as the last known office and residence addresses of the defendant or attorney. (3) The clerk shall, likewise, promptly notify the National Discipline Data Bank operated by the American Bar Association of any order imposing public discipline upon any attorney admitted to practice before this court. -67- RULE 83F SECURITY (a) Courthouse Security. (1) Screening and Search.

All persons entering federal courthouse facilities in this district and all items carried by them are subject to appropriate screening and search by the United States marshal or any other designated law enforcement officer. Persons may be requested to provide identification and to state the nature of their business in the courthouse. Anyone refusing to cooperate with these security measures shall be denied entrance to the courthouse. (2) Firearms and Other Weapons.

Law enforcement personnel not employed by the United States marshal shall deposit any firearm or other weapon with a deputy marshal or any other law enforcement officer designated by the marshal, directly upon entering federal courthouse facilities, unless otherwise specifically authorized by the marshal. No firearms or other weapons are permitted in any courtroom, except when carried by t he United States marshal, deputy United States marshals or task force officers or court security officers under contract with the United States marshals service, or when used as exhibits. Upon entering the courthouse, the custodian of the firearm or other weapon exhibit must submit it to the United States marshal for a determination that the firearm or other weapon exhibit is inoperative. In accordance with federal law, civilians, including attorneys practicing before the court, are not permitted to bring any kind of firearm into the Federico Degetau Federal Building, the Clemente Ruiz-Nazario United States Courthouse, or the José V. Toledo United States Courthouse, or the Luis A. Ferré United States Courtroom in Ponce, Puerto Rico.

(b) Photographing; Broadcasting; Televising; Recording. (1) Photographic, Broadcasting and Recording Equipment. The taking of photographs and the use of radio, television or other recording or broadcasting equipment anywhere inside the courthouses or in any leased space occupied by the district court, the bankruptcy court, the U.S. Probation Office or the United States Marshal, are strictly prohibited. For the purpose of this rule, the area around the courtrooms shall include the Judges’ chambers, halls, passageways and stairways on those floors of the building on which court proceedings are conducted; elevators; the clerk’s office; the marshal’s office, and all areas encompassed within the courthouse building which communicate with the entrances to the courthouse. -68- Photographing, recording (audio or video), broadcasting, transmission or televising of court proceedings is not allowed.

This disposition is extensive to all attorneys and legal aides who may be using cellular telephones or any other electronic device with built-in features allowing for the taking of photographs, audio or video recording and scanning documents. (2) Exceptions. A judge may authorize broadcasting, televising, recording or taking photographs in the courtroom or adjacent areas, however, during naturalization proceedings, admissions to the bar, or other ceremonial or special proceedings. The use of electronic, photographic and recording equipment may be allowed in any courtroom as a means for presentation of evidence or for the perpetuation of the record of the proceedings in court, videoconferencing, electronic case filing and access, for security purposes, for purposes of judicial administration, or in accordance with any pilot program allowed by the Judicial Conference of the United States.

(c) Cellular Phones, Tablets, Tape or Digital Recorders, and Laptop Computers. (1) Authorized Court Personnel. Only authorized court personnel may possess cellular phones, tablets, laptops or ot h er mo bi l e d evi ces in court facilities. The United States attorney and his or her assistants are authorized to possess cellular phones, laptops and tablets in court facilities by virtue of their federal law enforcement status pursuant to 18 U.S.C. § 115(c)(1), in the discharge of their official government duties, upon a demonstrated need to the presiding judge.

Those devices shall be switched to their “silent mode” when brought into or possessed in any courtroom or judge’s chamber, however, unless specific advance authorization to the contrary is given by a judge. Those devices shall be switched to their “silent mode” when brought into or possessed in or during mediation sessions unless specific advance authorization to the contrary is given by the mediator in the proceedings. (2) Members of the Bar. Any attorney permitted to practice law before the court may bring cellular phones, personal electronic devices, tablets and laptop computers by presenting a valid district dourt identification card or pro hac vice order.

(3) Other Persons. All other persons ar e p r o h i b i t e d f r o m br i n g i ng any cellular phone, l a pt o p, laptop computer, or similar device, tape or digital recorder into any federal courthouse or courtroom facilities. -69- RULE 83G COURT PROCEEDINGS; RELEASE OF INFORMATION (a) Court Supporting Personnel. Court personnel, including the United States Marshal, deputy marshals, the clerk, deputy clerks, probation officers, assistant probation officers, bailiffs or court security officers, official court reporters, court staff interpreters, and employees or subcontractors retained by the court- appointed official reporters, judges’ secretaries, law clerks, student assistants, and other employees, are prohibited from publicly or privately disclosing, without authorization by the court, any information related to pending grand jury proceedings or non-public information related to any case, civil or criminal, or mediation processes, without the court’s express authorization. Divulging information concerning in camera hearings or conferences is also prohibited.

(b) Duty of Attorneys Not to Release or Authorize Release of Information. As officers of this court, it is the duty of the United States Attorney, the Federal Public Defender and all their assistants, as well as all attorneys engaged in the practice of law before this court, to refrain from releasing, or authorizing anyone within his or her control to release, information for public use or dissemination in connection with pending or imminent criminal litigation, if there is a reasonable likelihood that the use or dissemination will interfere with a fair trial or otherwise prejudice the due administration of justice. (c) Duty of Attorneys Not to Make Extrajudicial Statements. With respect to a grand jury or other pending investigation of any criminal matter, the United States Attorney, the Federal Public Defender, all their assistants, and any attorney participating in or associated with the investigation, shall refrain from making any extrajudicial statement for public use or dissemination if the statement goes beyond the public record or is not necessary to inform the public that the investigation is under way, to describe the general scope of the investigation, to obtain assistance in the apprehension of a suspect, to warn the public of any danger, or otherwise to aid in the investigation.

(d) Duty of Attorneys Not to Release or Authorize the Release of Extrajudicial Statements. From the time of arrest, issuance of an arrest warrant or the filing of a complaint, information or indictment in any criminal matter until the commencement of trial or disposition without trial, the United States Attorney, the Federal Public Defender and their assistants or any attorney associated with the prosecution or defense, shall be prohibited from releasing or authorizing the release of any extrajudicial statement which a reasonable person would expect to be disseminated by any means of public communication, relating to the matter and concerning: -70- (1) The prior criminal record (including arrest, indictment, or other charges of crime), or the character or reputation of the accused, except that the attorney may make a factual statement of the accused’s name, age, residence, occupation and family status and, if the accused has not been apprehended, the United States Attorney may release any information necessary to aid in his or her apprehension or to warn the public of any dangers he or she may present; (2) The existence or contents of any confession, admission or statement given by the accused, or the refusal or failure of the accused to make any statement; (3) The performance of any examination or test, or the accused’s refusal or failure to submit to an examination or test; (4) The identity, testimony, or credibility of prospective witnesses, except that the lawyer or law firm may announce the identity of the victim if the announcement is not otherwise prohibited by law; (5) (6) The possibility of a plea of guilty to the offense charged or a lesser offense; Any opinion as to the accused’s guilt or innocence or as to the merits of the case or the evidence in the case. The foregoing shall be not construed to preclude the United States Attorney’s office or any defense lawyer during this period, in the proper discharge of his, her or its official or professional obligations, from announcing the fact and circumstances of an arrest (including time and place of arrest, resistance, pursuit, and use of weapons), the identity of the investigating and arresting officer or agency, and the length of the investigation; from making an announcement, at the time of seizure of any physical evidence other than a confession, admission or statement, limited to a description of the evidence seized; from disclosing the nature, substance, or text of the charge, including a brief description of the offense charged, from quoting or referring without comment to public records of the court in the case; from announcing the scheduling or result of any stage in the judicial process; from requesting assistance in obtaining evidence; or from announcing without further comment that the accused denies the charges made against him or her. (e) During Trial.

During the course of any jury trial of a criminal matter, including during the period of selection of the jury, no United States Attorney, or Federal Public Defender or assistant or attorney associated with the prosecution or defense shall give or authorize any extrajudicial statement or interview on the trial or the parties or issues in the trial, which a reasonable person would expect to be disseminated by means of public communication, if there is a reasonable likelihood that such dissemination will interfere with a fair trial, except that the United States Attorney, the Federal Public Defender, assistant or defense lawyer may quote from, or refer without comment to, public records of the court in the case. -71- (f) Application of Rules Under Special Circumstances. Nothing in this rule is intended to preclude the information or application of more restrictive rules relating to the release of information about juvenile or other offenders, to preclude the holding of hearings or the lawful issuance of reports by legislative, administrative, or investigative bodies, or to preclude any attorney from replying to charges of misconduct, that are publicly made against him or her. (g) Special Orders in Appropriate Cases. In widely-publicized or sensational cases, the court, on motion of either party or on its own motion, may issue a special order governing such matters as extrajudicial statements by parties and witnesses likely to interfere with the rights of the accused or the parties, to a fair trial by an impartial jury, the seating and conduct in the courtroom or spectators and news media representatives, the management and sequestration of jurors and witnesses, and any other matter which the court may deem appropriate for inclusion in the order.

The special order may be addressed to one, some or all of the following subjects: (1) (2) (3) (4) (5) A proscription of extrajudicial statements by participants in the trial, including attorneys, parties, witnesses, jurors, about a judicial matter not of public record in the case, including statements concerning the evidence in the case. Specific directives regarding the clearing of entrances to and hallways in the courthouse and respecting the management of the jury and witnesses during the course of the trial, so as to avoid their mingling with, or being in the proximity of, reporters, photographers, parties, attorneys and others, both when entering and leaving the courtroom and courthouse, and during recesses during the trial. Specific direction that the jurors refrain from reading, listening to, or watching news reports concerning the case, and that they similarly refrain from discussing the case with anyone during the trial and from communicating with others in any manner during their deliberations. Sequestration of the jury on motion of either party or the court, without disclosure of the identity of the movant.

Direction that the names and addresses of jurors or prospective jurors not be publicly released except as required by statute or jurisprudence, and that no photograph be taken or sketch made of any juror within the environs of the court. (6) Insulation of witnesses from news interviews during the trial period. -72- (7) Specific provisions regarding the seating of spectators and representatives of news media, including: (A) (B) An order that no member of the public or news media representative be at any time permitted within the bar railing; The allocation of seats to news media representatives in cases where there is an excess of requests, taking into account any pooling arrangement that may have been agreed to among the news persons. The list of subjects mentioned above is not intended to be exhaustive, but it is merely illustrative of some of the matters which might appropriately be dealt with in such an order. In an appropriate civil case the court may enter a special order governing the same matters. -73- RULE 83H COMPLAINTS OF JUDICIAL MISCONDUCT OR DISABILITY Complaints alleging judicial misconduct or disability are governed by 28 U.S.C., sections 351-354, and by the Rules of the Judicial Council of the First Circuit Governing Complaints of Judicial Misconduct or Disability, as amended.

Any judicial misconduct complaint shall be filed with the Clerk of the United States Court of Appeals for the First Circuit in the form prescribed by the Judicial Council of the First Circuit which shall be available at the Clerk’s office, on this court’s web site (www.prd.uscourts.gov), or on the web site for the Court of Appeals for the First Circuit (www.ca1.uscourts.gov) under the Circuit Executive link. -74- RULE 83I CERTIFICATES OF APPEALABILITY A petitioner wishing to appeal from the denial of a petition pursuant to 28 U.S.C. § 2254 or 28 U.S.C. § 2255, must timely file a notice of appeal and should promptly apply to the presiding judge for a certificate of appealability. The application will be directed in the first instance to the district judge who refused the petition. -75- RULE 83J COURT-ANNEXED MEDIATION (a) In General. Mediation is a non-binding process by which parties and counsel meet with a neutral mediator trained to assist them in settling disputes. Although mediators have no power to render a decision or dictate a settlement, mediation is generally recognized as improving communication between disputing parties by assisting them to articulate their interests.

Mediators also assist in identifying areas of agreement in order to generate options for a mutually agreeable resolution. (b) Eligible Cases; Selection for Mediation. All civil cases arising under the jurisdiction of this court are eligible for mediation. A case may be selected for mediation: (1) By the court at its discretion; (2) By the court on the motion of one of the parties; or (3) By the stipulation of all parties.

(c) Mediators. (1) Qualifications. In order to be eligible to serve as a mediator in this district, an applicant must: (A) (B) (C) have been a member in good standing of the bar of this court for a period of at least five (5) years; have at least five (5) years of experience in the resolution of legal disputes (as an arbitrator, judge, mediator, or similar) or have received a mediator certificate after completing at least 40 hours of training; and, demonstrated professionalism, integrity, and sound judgment throughout his or her career, as determined by the committee of judges designated pursuant to subsection (c)(3) of this rule. (2) List.

The court will establish a list of mediators. The list will be comprised of judges, retired judges, and attorneys who, based on their training or experience, are deemed to possess the qualities necessary to perform effectively as mediators. (3) Applications. The clerk will solicit and receive applications from individuals -76- wishing to serve as mediators, and the chief judge will designate a committee of judges to evaluate each candidate and determine which applicants may be included on the list.

The applications shall be submitted in the form approved by the court and available at the clerk’s office (“Application for Inclusion in List of Mediators”), or at the court’s web site (www.prd.uscourts.gov). Mediators will be named for a term of two years, subject to renewal. (4) Selection of a Mediator. (A) (B) (C) By the Parties.

The court will promptly notify the parties in writing when a case is referred to mediation. Once notice has been given, the parties will first be given an opportunity to select a mediator from the list maintained by the court. The parties may select a mediator not on the court approved list, provided the mediator signs a written agreement to be bound by these local rules. The parties must, within fourteen (14) days of the date of the court’s notice of referral to mediation, notify the court of the name of the person selected by the parties to serve as mediator, and file a written agreement with the selected mediator.

By the Court. If the parties fail to agree to a mediator within the fourteen (14) day time period, or fail to notify the court within the fourteen (14) day time period, the court will select a mediator from the approved list maintained by the court. Potential Conflict of Interest. If the court selects the mediator, it must identify all interested parties to the mediation and determine whether a mediator selected by the court has any potential conflict of interest.

(D) Acceptance of Designation. Upon selection, a mediator shall acknowledge his designation in writing by filing an acknowledgment and declaration in the form approved by the court and available at the clerk’s office, or at the court’s web site (www.prd.uscourts.gov). (5) Compensation. A mediator will be compensated at a reasonable rate, taking into consideration the qualifications of the mediator and the complexities of the issues in the case.

The mediator’s fee will be borne equally by the parties unless directed otherwise by the court. The rate of compensation shall be agreed to in writing by the parties during the fourteen (14) day period parties are given to select a mediator as prescribed in subparagraph (4)(A). Should the parties fail to come to an agreement the court shall set the level of fees. -77- (6) Oath. Each individual certified as a mediator of the court shall take the oath or affirmation prescribed by 28 U.S.C. § 453.

(7) Disqualification. No mediator shall serve in any matter in violation of the standards set forth in 28 U.S.C. § 455. If a mediator is concerned that a circumstance covered by section 455(a) might exist, the mediator shall promptly disclose that circumstance in writing to all counsel to the dispute. (A) A party who believes that the mediator has a conflict of interest shall bring this concern to the attention of the court in writing, within fourteen (14) days of learning of the potential conflict, or the objection shall be deemed waived.

(B) A party who believes the mediator has engaged in impermissible misconduct shall bring this concern to the attention of the court in writing, within fourteen (14) days of learning of the alleged misconduct, or the objection shall be deemed waived. that (d) Mediation Order. Once a mediator has been selected, the court shall enter a mediation order. The order shall: (1) Appoint a mediator; (2) State the rate of compensation of the appointed mediator; and, (3) Establish a deadline for when mediation must be completed. The deadline shall not exceed six (6) months from the date of the order.

Once mediation has commenced, the parties may request the court for an extension of time beyond the deadline in order to complete the mediation process. A party may object for good cause to court ordered mediation by filing a written request for reconsideration, within fourteen (14) days after the court has issued a mediation order. Mediation processes will be stayed pending a decision on the request for reconsideration unless otherwise ordered by the court. (e) Mediation Process.

(1) Scheduling of Mediation Sessions. The mediator shall contact all attorneys to fix the date and place of the first mediation session. The first session must be held within thirty (30) days from the date the mediation order is entered. The mediation shall be held at the office of the mediator or at any other location mutually agreed to by the parties.

At the completion of the first session, the mediator may schedule additional mediation sessions at a time and place agreed to by the parties. -78- (2) Written Submissions to the Mediator. At least seven (7) days before the first mediation session, the parties must submit to the mediator: (A) Copies of all relevant pleadings and motions; and (B) A Mediation Statement not to exceed ten (10) double-spaced pages (not including exhibits), outlining the key facts and legal issues in the case. The statement will also include each party’s position regarding settlement. Mediation statements are not briefs and are not to be filed with the court.

Only the mediator shall have access to the statements. (3) Attendance at Mediation Sessions. Once the mediation order has been entered, all parties and their respective counsel must attend all mediation sessions and engage in a good faith effort to resolve the dispute as prescribed by subparagraph (f) of this rule. If a party is a corporation, governmental institution or a minor, a representative of that party must attend with binding authority to settle the matter.

(4) Separate Caucuses. The mediator may hold separate, private caucuses with any party or counsel. (5) Expert Advice. The mediator may obtain expert advice concerning technical aspects of a dispute, provided all parties agree and assume the expenses of obtaining that assistance.

(6) Conclusion of Mediation. Mediation shall conclude when: (A) A settlement is reached. If the parties reach an agreement, the mediator will prepare a written summary reflecting the agreement. The parties shall sign the agreement and file it with the court; (B) (C) The mediator concludes and informs the court that further efforts would not be useful; or One of the parties requests the court that mediation be terminated.

The court shall grant such a request upon a showing by the requesting party that it has participated in the mediation in good faith and that further sessions are not likely to result in settlement. (7) At the court’s discretion, proceedings may be stayed pending the conclusion of the mediation process. -79- (f) Good-Faith Participation. In all cases designated by the court for mediation, good faith participation shall be mandatory for all parties. The failure of any party to participate in good faith shall result in sanctions.

In determining good faith participation, the court will rely heavily on the recommendation of the mediator. (g) Confidentiality. All mediation proceedings conducted pursuant to this rule shall remain confidential. All written and oral communications made by the parties and the mediator in connection with, or during, any mediation session are confidential and may not be disclosed for any purpose unrelated to the mediation process.

The mediator shall not be called by any party as a witness in any court proceeding related to the subject matter of the mediation unless related to alleged misconduct of the mediator or with respect to the good faith requirement contained in subparagraph (f) of this rule. No papers generated or produced by the mediation process will be included in court files, nor shall the judge or magistrate judge assigned to the case have access to them. Information about what transpires during mediation sessions will not at any time be made known to the court, except to the extent required to resolve issues of noncompliance with the mediation procedures. Nothing in this section shall be construed to prohibit parties from entering into a written agreement resolving some or all of the case or entering and filing with the court any procedural or factual stipulations based on suggestions made or agreements reached as a result of the mediation process. -80- RULE 83K BANKRUPTCY (a) Delegated Jurisdiction.

Pursuant to 28 U.S.C. § 157(a) and the district court’s Resolution of July 19, 1984, as it may be amended from time to time, the court refers cases and proceedings in bankruptcy to the bankruptcy court of this district. Copies of the Resolution are available at the Clerk’s office or on the court’s web site (www.prd.uscourts.gov). (b) Local Rules of Bankruptcy Practice. Pursuant to Federal Rule of Bankruptcy Procedure 9029, the bankruptcy judges of this district are authorized to promulgate rules of practice and procedure as they may deem appropriate, subject to the requirements of Fed.R.Civ.P. 83, provided that in promulgating the rules governing the admission or eligibility to practice in the bankruptcy court, the bankruptcy judges shall require district court admission, except for pro se appearances or for appearances pursuant to the student practice rule of this court.

(c) Conduct of Jury Trials by Bankruptcy Judges. Each bankruptcy judge for the District of Puerto Rico is specially designated to conduct jury trials pursuant to 28 U.S.C. § 157(e). (d) Bankruptcy Appeals. (1) All appeals from the bankruptcy court are to the First Circuit Bankruptcy Appellate Panel unless a timely election is filed to have an appeal heard by this court pursuant to 28 U.S.C. § 158(c)(1) and Rule 8005(a) of the Federal Rules of Bankruptcy Procedure.

(2) The clerk shall issue appropriate directives for the electronic transmission of the record on appeal in those cases appealed before the district court. Parties to an appeal shall notify a judgment concluding an appeal to the bankruptcy court within thirty (30) days of its entry. (3) Any party filing a motion for stay pending appeal in the district court shall simultaneously notify the motion to the bankruptcy court. -81- RULE 83L PRO BONO PROGRAM (a) General. Pursuant to 28 U.S.C. §1915 (e), this rule and the American Bar Association Rules of Professional Conduct, each member of the trial bar has the responsibility to represent any person unable to afford counsel.

The pro se rules provide for the reimbursement of expenses of counsel appointed under this rule. The admission fees collected when counsel join the trial bar form a major source of the funds used to pay the expenses. The procedures for appointment involve selecting from a current panel of members of the bar as set forth below. (b) Definitions.

The following definitions shall apply to the pro bono program: (1) (2) The term “appointment of counsel” shall mean the appointment of a member of the trial bar to represent a party who lacks the resources to retain counsel by any other means. The appointment shall only be in a civil action and shall not include any appointment made pursuant to the Criminal Justice Act of 1964, 18 U.S.C. § 3006A. The term “panel” shall mean those members of the trial bar who have volunteered for appointment and those whose names were selected pursuant to section (c). (3) The terms “pro bono rules” and “pro bono program” shall refer to this Rule.

(c) Creating the Panel. From time to time, the clerk shall select names at random from the trial bar to create a panel to be used in assigning members of the bar to provide pro bono representation to indigent persons in civil cases. The panels are formed annually. The names are selected in a manner that no member of the trial bar is selected for a subsequent panel until all other members of the bar have been selected.

(d) Notification to Panel. Following the selection of a panel, the clerk shall notify each member and obtain from each the following information to be used in assigning counsel from the panel: -82- (1) (2) (3) counsel’s prior civil trial experience, including a general indication of the number of trials and areas of trial experience; counsel’s ability to consult and advise in languages other than English; counsel’s preferences for appointment among the following types of matters: A. Social Security appeals; B. employment discrimination actions; C. civil rights actions filed by persons in custody; and D. other civil rights actions. (4) Information supplied by counsel may be amended at any time by letter. (e) Exemptions.

A member of the trial bar– (1) (2) whose principal place of business is outside of this district, or who is employed full-time by an agency of the United States, a state, a county, a municipality or any of their sub-divisions, or (3) who is employed full-time by a not-for-profit legal aid organization, shall, when selected for a panel, be removed from it and returned to the pool. That removal, however, shall not preclude counsel from being selected for a subsequent panel. (f) Volunteers. A member of the trial bar may volunteer to be included in a panel.

Whenever a volunteer is appointed, the clerk, as part of the notification process, will ask the volunteer to elect one of the following options: (1) (2) the volunteer’s name will be moved to the end of the list of names on the panel, or the volunteer’s name will be removed from the panel and either replaced after a specified time period or at the request of the volunteer. -83- The clerk will make a similar request of any volunteer whose name has been on a panel for 12 months and who has not been appointed during that time. The only exemption from being included on a panel is the limited one granted to members of the groups specified in section (e). (g) Application. Any application for the appointment of counsel by a party appearing pro se shall be made on a form approved by the court.

The application shall include a form of affidavit stating the party’s efforts, if any, to obtain counsel by means other than appointment and indicating any prior pro bono appointments of counsel to represent the party in cases brought in this court, including both pending and previously terminated actions. A completed copy of an affidavit of financial status shall be attached to the application. The c lerk shall provide the application forms and financial status affidavits on request, together with a cover sheet informing the party of the following: (1) (2) (3) (4) (5) the steps needed to complete and file the application; the party’s responsibility under this rule to pay expenses to the extent reasonably feasible based on the party’s financial condition; the party’s responsibility under this rule to pay part or all of counsel’s fees to the extent reasonably feasible based on the party’s financial condition; the provisions of 42 U.S.C. §2000e-5(k) and 42 U.S.C. §1988(b) and (c) for the award of attorney’s fees to prevailing parties in Title VII employment discrimination actions and civil rights actions; and the provisions for awarding statutory attorney’s fees from any award of retroactive disability benefits in social security appeals. Failure of a party to make a written application for appointed counsel shall not preclude appointment.

(h) Reapplication. A pro se party who was ineligible for appointed counsel at the outset of the litigation who later becomes eligible by reason of changed circumstances may apply for appointment of counsel within a reasonable time after the change in circumstances has occurred. The procedures set out in section (g) shall be followed in making the reapplication. -84- (I) Factors Used in Determining Whether to Appoint. Upon receipt of an application for the appointment of counsel, the judge shall determine whether counsel is to be appointed to represent the pro se party pursuant to 28 U.S.C. §1915(e).

That determination shall be made within a reasonable time after the application is filed. The following factors will be taken into account in making the determination: (1) (2) (3) (4) (5) (6) the potential merits of the claims as set forth in the pleadings; the nature and complexity of the action, both factual and legal, including the need for factual investigation; the presence of conflicting testimony calling for a lawyer’s presentation of evidence and cross-examination; the capability of the pro se party to present the case; the inability of the pro se party to retain counsel by other means; the degree to which the interests of justice will be served by appointment of counsel, including the benefit the court may derive from the assistance of appointed counsel; and (7) any other factor deemed appropriate by the judge . (j) Order of Appointment. Whenever the judge concludes that the appointment of counsel is warranted, the judge shall enter an order pursuant to 28 U.S.C. §1915(e) directing the appointment of counsel to represent the pro se party.

The judge may specify in the order of appointment an area of expertise or preference so that the clerk may select a prospective appointee who indicated preference for that area, if one is available. The order shall be transmitted forthwith to the clerk. If service of the summons and complaint has not yet been made, an order directing service by the marshal or by other appropriate method of service shall accompany the appointment order. The selection of a member of the panel for appointment pursuant to the appointment order will normally be made in accordance with section (i).

The court may determine that an appointment be made, however, in any of the following manners: (1) Where the pro se party has one or more other cases pending before this court in which counsel has been appointed, the judge may determine it to be appropriate that counsel appointed in the other case or cases be appointed to represent the pro se party in the case before the judge. -85- (2) (3) Where the judge finds that the nature of the case requires specific expertise and among the panel members available for appointment there are some with the required expertise, the judge may direct the clerk to select counsel from among those included in the group or may designate a specific member of the group. Where the judge finds that the nature of the case requires specific expertise and none of the panel members available for appointment has indicated that expertise, the judge may appoint counsel with the required expertise who is not on the panel. In order to assist the judge in determining whether or not to make a direct appointment under subsection (1) of this section, the clerk shall provide on request the case number, case title, judge to whom assigned, and name of counsel appointed of each case currently pending before the court in which the pro se party has had counsel appointed. (k) Selection of Attorney to be Appointed.

Except where another method of appointment is ordered pursuant to section (h), the clerk, on receipt of the order of appointment, shall select a name from the panel in the following manner: (1) (2) Where the order specifies a particular area of expertise or a preference, the clerk shall select the first available panel member indicating the expertise or preference. If no person with the expertise or preference is found, the next available person listed on the panel shall be selected. Where the order does not specify any area of expertise or preference, the clerk shall select the first available person listed on the panel. (l) Notice of Appointment.

After counsel has been selected, the clerk shall file counsel’s appearance through CM/ECF. The clerk shall also immediately send written notice of the appointment. (m) Stay of Proceedings. The court will stay all proceedings in the action for a period of thirty (30) days from the date the attorney is appointed by the court to represent the pro se litigant.

The purpose of the stay is to permit the appointed counsel sufficient time to meet and interview the client, review the case file and conduct preliminary investigation and legal research. -86- (n) Making Private Counsel Court-Appointed. Where a party is represented by counsel and because of the party’s financial condition both the party and counsel wish to change the nature of the representation to court-appointed representation in order that counsel may be eligible for reimbursement of expenses from the Court’s fund pursuant to this Rule, counsel may petition the court to be court-appointed counsel. The petition shall indicate that if the court grants the petition, existing fee agreements between the party and counsel shall no longer be enforceable and that subsequent fee agreements between the party and counsel may only be made in accordance with the provisions of this rule. The judge shall grant the petition only if the judge would have granted an application filed under this rule had the party not been represented by counsel.

Where the party is represented by more than one counsel, any order of appointment under this section shall preclude prospective operation of fee agreements with all counsel, but shall appoint only those counsel wishing to be appointed. (o) Duties and Responsibilities of Appointed Counsel. Promptly following the clerk’s filing of counsel’s appearance, counsel shall communicate with the newly represented party concerning the action. In addition to a full discussion of the merits of the dispute, counsel shall explore with the party any possibilities of resolving the dispute in other forums, including, but not limited to, administrative forums.

If, after consultation with counsel, the party decides to prosecute or defend the action, counsel shall proceed to represent the party in the action unless or until the attorney-client relationship is terminated. Except where the appointment is terminated pursuant to this rule, each appointed counsel shall represent the party in the action from the date the clerk enters counsel’s appearance until a final judgment is entered in the action. If the matter is remanded to an administrative forum, the appointed counsel shall, unless given leave to withdraw by the judge, continue to represent the party in any proceeding, judicial or administrative, that may ensue upon an order of remand. The appointed counsel is not required by these rules to continue to represent a party on appeal should the party represented wishes to appeal from a final judgment.

(p) Grounds for Relief from Appointment Application. After appointment, counsel may apply to be relieved of an order of appointment only on the following grounds or on other grounds as the appointing judge finds adequate for good cause shown: (1) (2) A conflict of interest precludes counsel from accepting the responsibilities of representing the party in the action. In counsel’s opinion, counsel is not competent to represent the party in the particular type of action assigned. -87- (3) (4) (5) (6) A personal incompatibility or a substantial disagreement on litigation strategy exists between counsel and the party. Because of the temporary burden of other professional commitments involved in the practice of law, counsel lacks the time necessary to represent the party.

In counsel’s opinion, the party is proceeding for purpose of harassment or malicious injury, or the party’s claims or defenses are not warranted under existing law and cannot be supported by good faith arguments for extension, modification, or reversal of existing law. For other good cause shown. Reasons which may constitute good cause for the striking of an attorney’s name shall include, but are not limited to, infirmity, retirement, and prior recent appointment from the panel. Any application by appointed counsel for relief from an order of appointment on any of the grounds set forth in this section shall be made to the judge promptly after the attorney becomes aware of the existence of the grounds, or within an additional period as may be permitted by the judge for good cause shown, not to exceed thirty (30) days after learning of the facts warranting such relief.

The application shall be a privileged court document kept under seal and shall not be available in discovery or otherwise used in litigation. If the attorney’s name is stricken for a specified period of time, then the attorney’s name shall be reinstated at the expiration of that period unless the judge has ruled to the contrary. (q) Order Granting Relief. If an application for relief from an order of appointment is granted, the judge may issue an order directing the appointment of another counsel to represent the party.

The appointment shall be made in accordance with the procedures set forth in this Rule. Alternatively, the judge shall have the discretion not to issue a further order of appointment, in which case the party shall be permitted to prosecute or defend the action pro se. Where the judge enters an order granting relief from an order of appointment on the grounds that counsel lacks the time to represent the party due to a temporary burden of other professional commitments, the name of counsel so relieved shall, except as otherwise provided in the order, automatically be included among the names selected for the next panel. (r) Discharge of Appointed Counsel on Request of Party.

Any party for whom counsel has been appointed shall be permitted to request the judge to discharge him or her from the representation and to appoint another. The request shall be made within thirty (30) days after the party’s initial consultation with the appointed attorney, or within an additional period as permitted by the judge for good cause shown. -88- When the request is supported by good cause, such as personal incompatibility or a substantial disagreement on litigation strategy between the party and appointed counsel, the judge shall forthwith issue an order discharging and relieving appointed counsel from further representation of the party in the action or appeal. Following the entry of such an order of discharge, the judge may, in his or her discretion, enter another order directing the appointment of another counsel to represent the party. In any action where the judge discharges appointed counsel but does not issue another order of appointment, the party shall be permitted to proceed pro se.

In any action where a second counsel is appointed and subsequently discharged upon request of a party, no additional appointment shall be made except on a strong showing of good cause. Any appointment made following the entry of an order of discharge shall be made in accordance with the procedures set forth in that Rule. (s) Status Conference at Expiration of Stay. As near a time as is practical after the expiration of the stay of proceedings in any referred case, the court shall conduct a status conference with all parties represented.

One purpose of the status conference shall be to consider whether expedited discovery or other proceedings are appropriate to facilitate efficient resolution of the case. (t) Expenses. The party shall bear the cost of any expense of the litigation to the extent reasonably feasible in light of the party’s financial condition. Expenses shall include, but not be limited to, discovery expenses, subpoena and witness fees, transcript expenses and translations.

Appointed counsel or the firm with which counsel is affiliated may advance part or all of the payment of any expense without requiring that the party remain ultimately liable for the expenses, except out of the proceeds of any recovery. The attorney or firm shall not be required, however, to advance the payment of expenses. At the conclusion of the case, to the extent that appointed counsel seeks reimbursement for expenses that are recoverable as costs to a prevailing party under Fed. R. Civ. P. 54 or 28 U.S.C.§1920, the appointed attorney must submit a verified bill of costs and not attempt to recover those expenses from the Fund. If the party is subsequently reimbursed for an expense that had been funded in whole or in part from the Fund, the party shall be required to reimburse the Fund.

In addition, any expense paid pursuant to this section must be repaid to the court upon recovery of judgment or monetary settlement. Expenses incurred by appointed counsel or the firm with which counsel is affiliated may be reimbursed from the court’s fund in accordance with the provisions of the Regulations Governing the Reimbursement of Expenses in Pro Bono Cases. The clerk will provide copies of the regulations on request. -89- (u) Attorney's Fees; Party’s Ability to Pay. Where as part of the process of appointing counsel the judge finds that the party is able to pay for legal services in whole or in part but that appointment is justified, the judge shall include in the order of appointment provisions for any fee arrangement between the party and the appointed counsel.

If after appointment counsel discovers that the party is able to pay for legal services in whole or in part, counsel shall bring that information to the attention of the judge. The judge may then either (1) authorize the party and counsel to enter into a fee agreement subject to the judge’s approval, or (2) relieve counsel from the responsibilities of the order of appointment and either permit the party to retain an attorney or to proceed pro se. (v) Fee Agreements Prohibited; Exceptions. Because the representation of the party was not voluntary at its inception and because the party is not represented in dealing with appointed counsel, appointed counsel shall, except as otherwise provided in this rule, neither (1) enter into a binding fee arrangement of any type with the party, nor (2) make such an arrangement a condition to undertaking or continuing the representation.

Where it appears that a reasonable settlement is possible, appointed counsel may enter into a provisional fee agreement with the party counsel was appointed to represent. The provisional fee agreement shall be presented to the court for approval. (w) Allowance of Fees. Upon appropriate application by appointed counsel, the judge may award attorney’s fees to appointed counsel for services rendered in the action as authorized by applicable statute, regulation, rule, or other provision of law, including case law.

Should the appointed counsel, however, recover attorney’s fees by court award as provided by law or by settlement, any fee previously advanced by the court shall be repaid out of the recovery. -90- RULE 83M DRESS CODE While attending court proceedings and ceremonies, or conducting business in the court, all attorneys shall be attired in a proper and dignified manner that reflects respect for the institution each one represents and the judicial process. Business attire (suits, slacks and a sport coat or jacket, or dress) shall be worn during court appearances. Clothes should be properly fitted, clean, pressed and made of a material that is appropriate to the formality of the occasion. Skirts and dresses should be at a length where the person can sit comfortably in public without compromising decorum.

Exposed shoulders or midriffs shall not be allowed. Counsel will ensure that their clients and witnesses fully comply with this rule. -91- ADMIRALTY RULES RULE A SCOPE OF RULES (1) Scope. The Local Admiralty Rules apply only to civil actions that are governed by Supplemental Rule A of the Supplemental Rules for Certain Admiralty and Maritime Claims. All other local rules are applicable in these cases, but to the extent that another local rule is inconsistent with the applicable Local Admiralty Rules, the Local Admiralty Rules shall govern.

(2) Definitions. The term “judicial officer” includes district judges and magistrate judges. The term “district judge” refers to a federal judge as defined in 28 U.S.C. § 451. The term “magistrate judge” refers to a federal judge as defined in 28 U.S.C. §§ 631-639.

The term “party’s attorney” or similar term whenever used in these rules shall include a party appearing without counsel. The term “clerk” includes the clerk, the chief deputy clerk, and deputy clerks. The term “marshal” includes the United States marshal and deputy marshals. -93- RULE C ACTIONS IN REM: SPECIAL PROVISIONS (1) Intangible Property. The summons issued pursuant to Supplemental Rule C(3)(c) shall direct the person having control of intangible property to show cause, no later than fourteen (14) days after service, as to why the intangible property should not be delivered to the court to abide the judgment.

A judicial officer may lengthen or shorten the time for good cause shown. Service of the summons has the effect of an arrest of the intangible property and brings it within the control of the court. The person who is served may deliver or pay over to the marshal the intangible property proceeded against, to the extent sufficient to satisfy the plaintiff's claim. If delivery or payment is made, the person served is excused from the duty to show cause.

The claimant of the property may show cause, as provided in Supplemental Rule C(6)(a), as to why the property should not be delivered to the court. (2) Publication of Notice of Action and Arrest. The notice required by Supplemental Rule C(4) shall be published once in a newspaper named in L.Adm.R. H(3), and plaintiff's attorney shall file a copy of the notice as it was published with the clerk. The notice shall contain: (a) the court, title, and number of the action; (b) the date of the arrest; (c) the identity of the property arrested; (d) the name, address, and telephone number of the attorney for plaintiff; (e) (f) (g) a statement that the claim of a person who is entitled to possession or who claims an interest pursuant to Supplemental Rule C(6) must be filed with the clerk and served on the attorney for plaintiff within fourteen (14) days after publication; a statement that an answer to the complaint must be filed and served within t w e nt y on e (21) days after publication, and that otherwise, default may be entered and condemnation ordered; a statement that applications for intervention under Fed. R. Civ. P. 24 by persons claiming maritime liens or other interests shall be filed within the time fixed by the court; and, -94- (h) the name, address, and telephone number of the marshal.

(3) Default in Action In Rem. (a) Notice Required. A party seeking a default judgment in an action in rem must satisfy the judge that due notice of the action and arrest of the property has been given: (1) (2) (3) by publication as required in L.Adm.R. C(2); by service upon the master or other person having custody of the property; and, by service pursuant to Fed. R. Civ. P. 5(b) upon every other person who has not appeared in the action and is known to have an interest in the property. (b) Persons with Recorded Interests.

(1) (2) (3) If the defendant property is a vessel documented under the laws of the United States, plaintiff must attempt to notify all persons named in the United States Coast Guard certificate of ownership. If the defendant property is a vessel numbered as provided in the Federal Boat Safety Act, plaintiff must attempt to notify the persons named in the records of the issuing authority. If the defendant property is of such character that there exists a governmental registry of recorded property interests or security interests in the property, the plaintiff must attempt to notify all persons named in the records of each registry. (4) Entry of Default and Default Judgment.

After the time for filing an answer has expired, the plaintiff may move for entry of default under Fed. R. Civ. P. 55(a). Default will be entered upon showing that: (a) (b) notice has been given as required by L.Adm.R. C(3)(a); and, notice has been attempted as required by L.Adm.R. C(3)(b), where appropriate; and, -95- (c) (d) the time to answer by claimants of ownership to or possession of the property has expired; and, no answer has been filed of no one has appeared to defend on behalf of the property. The plaintiff may move for judgment under Fed. R. Civ. P. 55(b) at any time after default has been entered. -96- RULE D POSSESSORY, PETITORY, AND PARTITION ACTIONS (1) Return Date. In a possessory action under Supplemental Rule D, a judicial officer may order that the statement of right or interest in the property and answer be filed on a date earlier than twenty- one (21) days after arrest.

The order may also set a date for expedited hearing of the action. -97- RULE E ACTIONS IN REM AND QUASI IN REM: GENERAL PROVISIONS (1) Itemized Demand for Judgment. The demand for judgment in every complaint filed under Supplemental Rules B or C shall allege the dollar amount of the debt or damages for which the action was commenced. The demand for judgment shall also allege the nature of other items of damage. The amount of the special bond posted under Supplemental Rule E(5)(a) may be based upon these allegations.

(2) Salvage Action Complaints. In an action for a salvage reward, the complaint shall allege the dollar value of the vessel, cargo, freight, and other property salved, and the dollar amount of the reward claimed. (3) Verification of Pleadings. Every complaint in actions governed by Supplemental Rules B, C, or D shall be verified upon oath or affirmation, or in the form provided by 28 U.S.C. § 1746, by a party or by an authorized officer of a corporate party.

If no party or authorized corporate officer is present within the district, verification of a complaint may be made by an agent, attorney in fact, or attorney of record, who shall: state the sources of the knowledge, information and belief contained in the complaint; declare that the document verified is true to the best of his or her knowledge, or information, and belief; state why verification is not made by the party or an authorized corporate officer; and state that the affiant is authorized to verify. A verification not made by a party or authorized corporate officer will be deemed to have been made by the party as if verified personally. If the verification was not made by a party or authorized corporate officer, any interested party may move, with or without requesting a stay, for the personal oath of a party or an authorized corporate officer, which shall be procured by affidavit, a declaration pursuant to 28 U.S.C. § 1746, or as otherwise ordered. (4) Review by Judicial Officer.

Unless otherwise required by the judicial officer, the review of complaints and papers called for by Supplemental Rules B(1) and C(3) does not require the affiant party or attorney to be present. The applicant for review shall include a form of order to the clerk which, upon signature by the judicial officer, will direct the arrest, attachment or garnishment sought by the applicant. In exigent circumstances, the certification of the plaintiff or his attorney under Supplemental Rules B and C shall consist of an affidavit, or a declaration pursuant to 28 U.S.C. § 1746, describing in detail the facts that establish the exigent circumstances. -98- (5) Instructions to the Marshal. The party who requests a warrant of arrest or process of attachment or garnishment shall provide instructions to the marshal.

A person specially appointed by the court under Supplemental Rules B or C who has served process of maritime attachment and garnishment or a warrant of arrest that seized property, shall promptly file a verified return showing: the name of the individual on whom the process or warrant was served; the identity of the person or entity on whom service was made; the document served, the manner in which service was completed (e.g., personal delivery); and address, date and time of service. (6) Property in Possession of a United States Officer. When the property to be attached or arrested is in the custody of an employee or officer of the United States, the marshal will deliver a copy of the complaint and warrant of arrest or summons and process of attachment or garnishment to that officer or employee if present, and otherwise to the custodian of the property. The marshal will instruct the officer or employee or custodian to retain custody of the property until ordered to do otherwise by a judicial officer.

(7) Security for Costs. In an action under the Supplemental Rules, a party may move upon notice to all parties for an order to compel an adverse party to post security for costs with the clerk pursuant to Supplemental Rule E(2)(b). Unless otherwise ordered, the amount of security shall be $500. The party so ordered shall post the security by surety or otherwise within five (5) days after the order is entered.

A party who fails to post security when due may not participate further in the proceedings. A party may move for an order increasing the amount of security for costs. (8) Adversary Hearing. The adversary hearing following arrest or attachment or garnishment that is called for in Supplemental Rule E(4)(f) shall be conducted promptly by a judicial officer.

(9) Appraisal. An order for appraisal of property so that security may be given or altered will be entered upon motion. If the parties do not agree in writing upon an appraiser, a judicial officer will appoint the appraiser. The appraiser shall be sworn to the faithful and impartial discharge of the appraiser's duties before any federal or state officer authorized by law to administer oaths.

The appraiser shall give one (1) day’s notice of the time and place of making the appraisal to counsel of record. The appraiser shall promptly file the appraisal with the clerk and serve it upon counsel of record. The appraiser's fee normally will be paid by the moving party, but it is a taxable cost of the action. -99- (10) Security Deposit for Seizure of Vessels. The first party who seeks arrest or attachment of a vessel or property aboard a vessel shall deposit such amounts with the marshal as required by the provisions of the regulations or manuals promulgated by the United States marshals service to cover the expenses of the marshal including, but not limited to, dockage, keepers, maintenance, and insurance.

The marshal is not required to execute process until the deposit is made. The party shall advance additional sums from time to time as requested to cover the marshal's estimated expenses until the property is released or disposed of as provided in Supplemental Rule E. (11) Intervenors’ Claims. (a) Presentation of Claim. When a vessel or other property has been arrested, attached, or garnished, and is in the hands of the marshal or a substitute custodian, anyone having a claim against the vessel or property is required to present the claim by filing an intervening complaint, and not by filing an original complaint, unless otherwise ordered by a judge.

Upon the satisfaction of the requirements of Fed. R. Civ. P. 24, the clerk shall forthwith deliver a conformed copy of the complaint to the marshal, who shall deliver the copy to the vessel or custodian of the property. Intervenors shall thereafter be subject to the rights and obligations of parties, and the vessel or property shall stand arrested, attached, or garnished by the intervenor. An intervenor shall not be required to advance a security deposit to the marshal for seizure of a vessel as required by L.Adm.R. E(10). (b) Sharing Marshal’s Fees and Expenses.

An intervenor shall owe a debt to any party that has previously advanced funds to cover the expenses of the marshal, enforceable on motion, consisting of the intervenor’s share of the marshal’s fees and expenses in the proportion that the intervenor’s claim bears to the sum of all the claims. If a party plaintiff permits vacation of an arrest, attachment, or garnishment, remaining plaintiffs share the responsibility to the marshal for fees and expenses in proportion to the remaining claims and for the duration of the marshal’s custody because of each claim. (12) Custody of Property. (a) Safekeeping of Property.

When a vessel or other property is brought into the marshal’s custody by arrest or attachment, the marshal shall arrange for adequate safekeeping, which may include the placing of keepers on or near the vessel. A substitute custodian in place of the marshal may be appointed by order of the court. -100- (b) (c) (d) Insurance. The marshal may procure insurance to protect the marshal, his deputies, keepers, and substitute custodians from liabilities assumed in arresting and holding the vessel, cargo, or other property, and in performing whatever services may be undertaken to protect the vessel, cargo, or other property, and to maintain the court’s custody. The party who applies for arrest or attachment of the vessel, cargo, or other property shall reimburse the marshal for premiums paid for the insurance and shall be an additional insured on the policy.

The party who applies for removal of the vessel, cargo, or other property to another location, for designation of a substitute custodian, or for other relief that will require an additional premium, shall reimburse the marshal for the additional premiums. The premiums charged for the liability insurance are taxable as administrative costs while the vessel, cargo, or other property is in custody of the court. Cargo Handling, Repairs, and Movement of the Vessel. Following arrest or attachment of a vessel, no cargo handling, repairs, or movement of the vessel may be made without court order.

The applicant for such an order shall give notice to the marshal and to all parties of record. Upon proof of adequate insurance coverage of the applicant to indemnify the marshal for his liability, the court may direct the marshal to permit cargo handling, repairs, movement of the vessel, or other operations. Before or after the marshal has taken custody of a vessel, cargo or other property, any party of record may move for an order to dispense with keepers or to remove or place the vessel, cargo, or other property at a specified facility, to designate a substitute custodian, or for similar relief. Notice of the motion shall be given to the marshal and to all parties of record.

The judicial officer will require that adequate insurance on the property will be maintained by the successor to the marshal, before issuing the order to change arrangements. Claims by Suppliers for Payment of Charges. A person who furnishes supplies or services to a vessel, cargo, or other property in custody of the c ourt who has not been paid and claims the right to payment as an expense of administration shall submit an invoice to the clerk in the form of a verified claim at any time before the vessel, cargo, or other property is released or sold. The supplier must serve copies of the claim on the marshal, substitute custodian if one has been appointed, and all parties of record.

The court may consider the claims individually or schedule a single hearing for all claims. (13) Sale of Property. Notice. Unless otherwise ordered upon good cause shown or as provided by law, notice of sale of property in an action in rem shall be published as provided in L.Adm.R. H(3) at least three (3) times during the period of time -101- consisting of fourteen (14) days prior to the day of the sale.

(a) Payment of Bid. These provisions apply unless otherwise ordered in the order of sale: (i) (ii) The person whose bid is accepted shall immediately pay the marshal the full purchase price if the bid is $1,000 or less. If the bid exceeds $1,000, the bidder shall immediately pay a deposit of at least $1,000 or 10% of the bid, whichever is greater, and shall pay the balance within three (3) days after the day on which the bid was accepted. If an objection to the sale is filed within that three-day period, the bidder is excused from paying the balance of the purchase price until three days after the sale is confirmed.

(iii) Payment shall be made in cash, by certified check, or by cashier’s check. Late Payment. If the successful bidder does not pay the balance of the purchase price when it falls due, the bidder shall pay the marshal the cost of keeping the property from the due date until the balance is paid, and the marshal may refuse to release the property until this charge is paid. Default.

If the successful bidder does not pay the balance of the purchase price within the time allowed, the bidder is deemed to be in default. The judicial officer may then accept the second highest bid or may arrange a new sale. The defaulting bidder’s deposit shall be forfeited and applied to any additional costs incurred by the marshal because of the default, the balance being retained in the registry of the court awaiting its order. Report of Sale by Marshal.

At the conclusion of the sale, the marshal shall forthwith file a written report with the court setting forth the notice given of the fact of that the sale took place, the date, the price obtained, the name and address of the successful bidder, and any other pertinent information. Time and Procedure for Objection to Sale. An interested person may object to the sale by filing a written objection with the clerk within three (3) days following the sale, serving the objection on all parties of record, the successful bidder, and the marshal, and depositing a sum with the marshal that is sufficient to pay the expense of keeping the property for at least seven (7) days. Payment to the marshal shall be in cash, certified check, or cashier’s check.

(b) (c) (d) (e) -102- (f) Confirmation of Sale. A sale shall be confirmed by order of the court within five court days but no sooner than three court days after the sale unless an objection to the sale has been filed, in which case the court shall hold a hearing on the confirmation of the sale. The marshal shall transfer title to the purchaser upon the order of the court. (g) Disposition of Deposits.

(i) (ii) Objection Sustained. If an objection is sustained, sums deposited by the successful bidder will be returned to the bidder forthwith. The sum deposited by the objector will be applied to pay the fees and expenses incurred by the marshal in keeping the property until it is resold, and any balance remaining shall be returned to the objector. The objector will be reimbursed for the expense of keeping the property from the proceeds of a subsequent sale.

Objection Overruled. If the objection is overruled, the sum deposited by the objector will be applied to pay the expense of keeping the property from the day the objection was filed until the day the sale is confirmed, and any balance remaining will be returned to the objector forthwith. (h) Title to Property. Failure of a party to give the required notice of the action and arrest of the vessel, cargo, or other property or required notice of the sale, may afford ground for objecting to the sale but does not affect the title of a bona-fide purchaser of the property without notice of the failure. -103- RULE F LIMITATION OF LIABILITY (1) Security of Costs.

The amount of security for costs under Supplemental Rule F(1) shall be $1,000; it may be combined with the security for value and interest, unless otherwise ordered. (2) Order of Proof at Trial. Where the vessel interests seeking statutory limitation of liability have raised the statutory defense by way of answer or complaint, the plaintiff in the former or the damage claimant in the latter shall proceed with its proof first, as is normal at civil trials. -104- RULE H SPECIAL RULES (1) Emergency Telephone Number. When counsel urgently needs action or advice and cannot wait for normal business hours, counsel may use this emergency telephone number to call the person on duty: (787) 766-6540 (United States Marshal).

(2) Assignment of Actions. If the judge to whom a case under the Local Admiralty Rules has been assigned is not readily available, any matter under the Local Admiralty Rules may be presented to any other judge in the district without reassigning the case. (3) Newspapers for Publishing Notices. Every notice required to be published under the Local Admiralty Rules or any rules or statutes applying to admiralty and maritime proceedings shall be published in a newspaper of general circulation in the District of Puerto Rico.

(4) Use of State Procedures. When the plaintiff invokes a state procedure in order to attach or garnish under Fed. R. Civ. P. 4(e), the process of attachment or garnishment shall so state. -105- CRIMINAL RULES