REMOVED ACTIONS

All pending motions and other requests directed to the state court are automatically denied without prejudice upon removal, and they may be refiled in this court. Motions refiled in this court must include citation to all relevant federal law and must be revised as necessary to comply with this court’s rules.

70 LPR 1-1.

TITLE PART III—PATENT PRACTICE These are the Local Rules of Practice for Patent Cases before the United States District Court for the District of Nevada.

LPR 1-2.

SCOPE AND CONSTRUCTION

These rules supplement the Federal Rules of Civil Procedure and apply to all civil actions filed in or transferred to this court that allege infringement of a utility patent in a complaint, counterclaim, cross-claim, or third-party claim, or that seek a declaratory judgment that a patent is not infringed, is invalid, or is unenforceable. These Rules apply to both pre-Leahy-Smith America Invents Act (“AIA”) patents and post-AIA patents. For purposes of these Local Patent Rules, a “pre-AIA” and “post-AIA” patent is defined pursuant to 35 U.S.C. § 100 (note) AIA First Inventor to File Provisions. The Local Rules of Civil Practice in Part II also apply to these actions, except to the extent that they are inconsistent with these Local Patent Rules.

LPR 1-3.

MODIFICATION OF RULES

The court may apply all or part of these rules to any case already pending on the effective date of these rules. The court may modify the obligations and deadlines of these rules based on the circumstances of any particular case, including, without limitation, the simplicity or complexity of the case as shown by the patents, claims, products, processes, or parties involved. Modifications may be proposed by one or more parties at the mandatory Fed. R. Civ. P. 26(f) meeting (“Initial Scheduling Conference”), and then submitted in the stipulated discovery plan and scheduling order. Modifications also may be proposed by request upon a showing of good cause.

Before submitting any request for a modification, the parties must meet and confer for purposes of reaching an agreement, if possible, on any modification.

LPR 1-4.

GENERAL PROVISIONS (a) (b) (c) Confidentiality. Discovery and disclosures under these rules cannot be withheld on the basis of confidentiality absent court order. Not later than 14 days after the Initial Scheduling Conference, the parties must file a proposed protective order. Pending entry of a discovery confidentiality protective order, disclosures deemed confidential by a party must be produced with a confidential designation (e.g., “Confidential—Attorneys Eyes Only”), and the disclosure of the information will be limited to each party’s outside attorney of record, including employees of outside attorney of record, and used only for litigation purposes.

Compliance. A party who contends that an opposing party has not complied with its disclosure obligations set forth herein is not excused from complying with its own disclosure obligations to the best of its ability. Patent Ineligibility Motions under 35 U.S.C. § 101. A party moving to dismiss one or more claims as patent-ineligible under § 101 must demonstrate in its motion, if appropriate, that there is no factual issue, claim construction or otherwise, that the court need determine before deciding dismissal under 71 35 U.S.C. § 101.

The filing of a § 101 motion before a Claim Construction Order must not delay any date in the Discovery Plan and Scheduling Order, unless otherwise ordered by the court. (d) Special Masters. In a patent case, the court may appoint a Special Master under Fed. R. Civ. P. 53 according to the parties’ agreement or its own discretion. During the parties’ Fed. R. Civ. P. 26(f) conference, the parties must meet and confer on whether the appointment of a Special Master is appropriate.

If the parties agree to use a Special Master, the role of the Special Master must be set forth in the Discovery Plan and Scheduling Order. Nothing in this Rule prohibits a party from requesting a Special Master in the absence of an agreement. If a Special Master is appointed, the cost of the Special Master must be split, half to plaintiff and half to defendant, unless otherwise ordered by the court.

LPR 1-5.

CERTIFICATION OF DISCLOSURES (a) All statements, disclosures, and charts filed or served under these rules must be dated and signed by the attorney of record. The attorney’s signature must attest that, to the best of his or her knowledge, information, and belief, formed after an inquiry that is reasonable under the circumstances, the disclosure is made in good faith and the information contained in the statement, disclosure, or chart is correct at the time it is made and provides a complete statement of the information presently known to the party. Disclosures required by these rules are in addition to others required under the Federal Rules of Civil Procedure. (b) The parties must file with the court a notice certifying that all disclosures required under LPR 1-6 through 1-11 have been timely provided.

The parties must file the notice within seven days after the deadline for service of the disclosures required under LPR 1-10. Any variation from these deadlines requires court approval.

LPR 1-6.

DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS

Within 14 days after the Initial Scheduling Conference under Fed. R. Civ. P. 26(f), a party claiming patent infringement must serve on all parties a Disclosure of Asserted Claims and Infringement Contentions. Separately for each opposing party, the Disclosure of Asserted Claims and Infringement Contentions must contain the following information: (a) (b) Each claim of each patent in suit that is allegedly infringed by each opposing party, including for each claim the applicable statutory subsections of 35 U.S.C. § 271 asserted; Separately for each asserted claim, each accused apparatus, product, device, process, method, act, or other instrumentality (“Accused Instrumentality”) of each opposing party of which the party is aware. This identification must be as specific as possible. Each product, device, and apparatus must be identified by name or model number, if known.

Each method or process must be identified by 72 (c) (d) name, if known, or by any product, device, or apparatus which, when used, allegedly results in the practice of the claimed method or process; A chart identifying specifically where each limitation of each asserted claim is found within each Accused Instrumentality, including for each limitation that such party contends is governed by 35 U.S.C. § 112(6) (pre-AIA) or 35 U.S.C. § 112(f) (post-AIA), the identity of the structure(s), act(s), or material(s) in the Accused Instrumentality that performs the claimed function; For each claim that is alleged to have been indirectly infringed, an identification of any direct infringement and a description of the acts of the alleged indirect infringer that contribute to or are inducing that direct infringement. If alleged direct infringement is based on joint acts of multiple parties, the role of each party in the direct infringement must be described; (e) Whether each limitation of each asserted claim is alleged to be literally present or present under the doctrine of equivalents in the Accused Instrumentality; (f) (g) For any patent that claims priority to an earlier application, the priority date to which each asserted claim allegedly is entitled; If a party claiming patent infringement wishes to preserve the right to rely, for any purpose, on the assertion that its own apparatus, product, device, process, method, act, or other instrumentality practices the claimed invention, the party must identify, separately for each asserted claim, each such apparatus, product, device, process, method, act, or other instrumentality that incorporates or reflects that particular claim; and (h) If a party claiming patent infringement alleges willful infringement, the basis for the allegation.

LPR 1-7.

DOCUMENT PRODUCTION ACCOMPANYING ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS With the Disclosure of Asserted Claims and Infringement Contentions, the party claiming patent infringement must produce to each opposing party or make available for inspection and copying: (a) Documents (e.g., contracts, purchase orders, invoices, advertisements, marketing materials, offer letters, beta site testing agreements, and third-party or joint development agreements) sufficient to evidence each discussion with, disclosure to, or other manner of providing to a third party, or sale of or offer to sell, or any public use of, the claimed invention before the date of application for the patent in suit. A party’s production of a document required herein does not constitute an admission that the document evidences or is prior art under 35 U.S.C. § 102; 73 (b) All documents evidencing the conception, reduction to practice, design, and development of each claimed invention, which were created on or before the date of application for the patent in suit or the priority date identified under LPR 1- 6(f), whichever is earlier; (c) A copy of the file history for each patent in suit; (d) (e) All documents evidencing ownership of the patent rights by the party asserting patent infringement; and If a party identifies instrumentalities under LPR 1-6(g), documents sufficient to show the operation of any aspects or elements of such instrumentalities the patent claimant relies on as embodying any asserted claims. The producing party must separately identify by production number the documents that correspond to each category.

LPR 1-8.

DISCLOSURE OF NON-INFRINGEMENT, INVALIDITY, AND UNENFORCEABILITY CONTENTIONS Within 45 days after service of the Infringement Contentions, each party opposing a claim of patent infringement must serve on all other parties Non-Infringement, Invalidity, and Unenforceability Contentions that must include: (a) (b) A detailed description of the factual and legal grounds for contentions of non- infringement, if any, including a clear identification of each limitation of each asserted claim alleged not to be present in the Accused Instrumentality; A detailed description of the factual and legal grounds for contentions of invalidity, if any, including an identification of the prior art relied upon and where in the prior art each element of each asserted claim is found. Each prior-art patent must be identified by its number, country of origin, and date of issue. Each prior- art publication must be identified by its title, date of publication, and where feasible, author and publisher. Prior art under 35 U.S.C. § 102(b) (pre-AIA) or 35 U.S.C. § 102(a) (post-AIA) must be identified by specifying the item offered for sale or publicly used or known, the date the offer or use took place or the information became known, and the identity of the person or entity who made the use or made and received the offer, or the person or entity who made the information known or to whom it was made known.

Prior art under 35 U.S.C. § 102(f) (pre-AIA) or disclosures under 35 U.S.C. § 102(b) (post-AIA) must be identified by providing the name of the person(s) from whom and the circumstances under which the invention or any part of it was derived. Prior art under 35 U.S.C. § 102(g) (pre-AIA) or 35 U.S.C. § 102(b) (post-AIA) must be identified by providing the identities of the person(s) or entities involved in, and the circumstances surrounding, the making of the invention before the patent applicant(s); 74 (c) Whether each item of prior art anticipates each asserted claim or renders it obvious. If obviousness is alleged, an explanation of why the prior art renders the asserted claim obvious, including an identification of any combinations of prior art showing obviousness; (d) (e) (f) (g) A chart identifying specifically where in each alleged item of prior art each limitation of each asserted claim is found, including for each limitation that a party contends is governed by 35 U.S.C. § 112(6) (pre-AIA) or 35 U.S.C. § 112(f) (post-AIA), the identity of the structure(s), act(s), or material(s) in each item of prior art that performs the claimed function; A detailed statement of any grounds of invalidity based on 35 U.S.C. § 101, indefiniteness under 35 U.S.C. § 112(2) (pre-AIA) or 35 U.S.C. § 112(b) (post- AIA) or failure of enablement, best mode, or written description requirements under 35 U.S.C. § 112(1) (pre-AIA) or 35 U.S.C. § 112(a) (post-AIA); A detailed description of the factual and legal grounds for contentions of unenforceability (including misuse), if any, including the identification of all dates, conduct, persons involved, and circumstances relied on for the contention, and when unenforceability is based on any alleged affirmative misrepresentation or omission of material fact committed before the United States Patent and Trademark Office, the identification of all prior art, dates of the prior art, dates of relevant conduct, and persons responsible for the alleged affirmative misrepresentation or omission of material fact; and A statement whether the party intends to petition for review or reexamination before the United States Patent and Trademark Office and, if so, the scope of such petition. If a party indicates its intention to file a petition for review or reexamination, it must file a notice of such intention with the court and include the contemplated scope of such petition.

LPR 1-9.

DOCUMENT PRODUCTION ACCOMPANYING INVALIDITY CONTENTIONS

At the time of service of the Non-Infringement, Invalidity, and Unenforceability Contentions, each party defending against patent infringement must also produce to each opposing party or make available for inspection and copying: (a) (b) Source code, specifications, schematics, flow charts, artwork, formulas, or other documentation sufficient to show the operation of any aspects or elements of an Accused Instrumentality identified by the patent claimant in its LPR 1-6(c) chart; and A copy or sample of the prior art identified under LPR 1-8(b) that does not appear in the file history of the patent(s) at issue. To the extent the item is not in English, an English translation of the portion(s) relied on must be produced. The producing party must separately identify by production number the documents that correspond to each category.

75 LPR 1-10.

RESPONSE TO INVALIDITY, AND UNENFORCEABILITY CONTENTIONS Within 14 days after service of the Non-Infringement, Invalidity, and Unenforceability Contentions, each party claiming patent infringement must serve on all other parties its response to the Invalidity, and Unenforceability Contentions. The response must include a detailed description of the factual and legal grounds responding to each contention of invalidity (including whether the party admits to the identity of elements in asserted prior art and, if not, the reason for denial) and unenforceability.

LPR 1-11.

DISCLOSURE REQUIREMENT IN PATENT CASES FOR DECLARATORY JUDGMENT OF INVALIDITY In all cases in which a party files a complaint seeking a declaratory judgment that a patent is not infringed, is invalid, or is unenforceable, each party seeking a declaratory judgment must serve on all other parties its Non-Infringement, Invalidity, and Unenforceability Contentions and corresponding LPR 1-9 document production within 14 days after the Initial Scheduling Conference. Within 45 days after service of the Non-Infringement, Invalidity, and Unenforceability Contentions, each party opposing the declaratory judgment must serve on all other parties its response to these contentions and, if the opposing party asserts a claim for patent infringement, its Disclosure of Asserted Claims and Infringement Contentions, including corresponding LPR 1-7 document production. LPR 1-11 does not apply to cases in which a request for a declaratory judgment that a patent is invalid is filed in response to a complaint for infringement of the same patent.

LPR 1-12.

AMENDMENT TO DISCLOSURES

Other than as provided in LPR 1-18a no other amendments to disclosures may be made other than as set forth herein absent a showing of good cause. Non-exhaustive examples of circumstances that may, absent undue prejudice to the nonmoving party, support a finding of good cause include: (a) material changes to the other party’s contentions; (b) recent discovery of material prior art despite earlier diligent search; and (c) recent discovery of nonpublic information about the Accused Instrumentality despite earlier diligent search. The duty to supplement discovery responses does not excuse the need to obtain leave of the court to amend contentions. LPR 1-12a.

DISCLOSURE REQUIREMENTS FOR PATENT CASES ARISING UNDER 21 U.S.C. § 355 (HATCH-WAXMAN ACT) The following provision applies to all patents subject to a Paragraph IV certification in cases arising under 21 U.S.C. § 355 (“the Hatch Waxman Act”). This provision takes precedence over any conflicting provisions in LPR 1-6 to 1-12 for all cases arising under 21 U.S.C. § 355. (a) Upon the filing of a responsive pleading to the complaint, the defendant(s) must produce to plaintiff(s) the entire Abbreviated New Drug Application (“ANDA”) or New Drug Application that is the basis of the case in question. 76 (b) (c) (d) (e) Not more than 7 days after the Initial Scheduling Conference, plaintiff(s) must identify the asserted claims.

Not more than 14 days after the disclosures required by subsection (b), the defendant(s) must provide to plaintiff(s) the written basis for its claims of noninfringement, invalidity, or unenforceability for any patents referred to in defendant(s) Paragraph IV Certification. This written basis must contain all disclosures required by LPR 1-8 and must be accompanied by the production of documents required by LPR 1-9. Not more than 45 days after the disclosure of the written basis for any defense of non-infringement as required by subsection (c), plaintiff(s) must provide defendant(s) with its infringement contentions and response to invalidity and unenforceability contentions for all patents referred to in defendant(s) Paragraph IV Certification, which must contain all disclosures required by LPR 1-6 and 1-10 and must be accompanied by the production of documents required by LPR 1-7 and 1-11. Each party that has an ANDA application pending with the Food and Drug Administration (“FDA”) that is the basis of the pending case must: (1) notify the FDA of any and all motions for injunctive relief no later than 3 business days after the date on which such a motion is filed; and (2) provide a copy of all correspondence between itself and the FDA pertaining to the ANDA application to each party asserting infringement, or set forth the basis of any claim of privilege for such correspondence, no later than 7 days after the date it sends or receives any such correspondence.

(f) Unless informed of special circumstances, the court intends to set all Hatch- Waxman cases for final pretrial hearing at or near 24 months from the date of the filing of the complaint. After entry of the Scheduling Order, the parties will file a stipulation with the court requesting the setting of a trial date.

LPR 1-13.

EXCHANGE OF PROPOSED TERMS FOR CONSTRUCTION

Not later than 90 days after the Initial Scheduling Conference under Fed. R. Civ. P. 26(f), each party must serve on each other party a list of patent claim terms that the party contends should be construed by the court, and identify any claim term that the party contends should be governed by 35 U.S.C. § 112(6) (pre-AIA) or 35 U.S.C. § 112(f) (post-AIA). The parties must thereafter meet and confer for the purposes of limiting the terms in dispute by narrowing or resolving differences and facilitating the ultimate preparation of a Joint Claim Construction and Prehearing Statement. The parties must jointly identify the terms likely to be most significant to resolving the parties’ dispute, including those terms for which construction may be case or claim dispositive.

77 LPR 1-14.

EXCHANGE OF PRELIMINARY CLAIM CONSTRUCTIONS AND EXTRINSIC EVIDENCE Not later than 14 days after the exchange of lists under LPR 1-13, the parties must simultaneously exchange proposed constructions of each term identified by either party for claim construction. Each Preliminary Claim Construction must also, for each term that any party contends is governed by 35 U.S.C. § 112(6) (pre-AIA) or 35 U.S.C. § 112(f) (post-AIA), identify the structure(s), act(s), or material(s) corresponding to that term’s function. At the same time the parties exchange their respective Preliminary Claim Constructions, each party must also: (a) Identify all references from the specifications or prosecution history that support its proposed construction and designate any supporting extrinsic evidence including, without limitation, dictionary definitions, citations to learned treatises and prior art, and testimony of percipient and expert witnesses. Extrinsic evidence must be identified by production number or by producing a copy if not previously produced.

With respect to any supporting witness, percipient or expert, the identifying party also must provide a description of the substance of that witness’s proposed testimony that includes a list of any opinions to be rendered in connection with claim construction; and (b) Schedule a time for counsel to meet and confer for the purposes of narrowing the issues and finalizing preparation of a Joint Claim Construction and Prehearing Statement.

LPR 1-15.

JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT

Not later than 14 days after the exchange of Preliminary Claim Constructions and Extrinsic Evidence under LPR 1-14, the parties must prepare and submit to the court a Joint Claim Construction and Prehearing Statement, which must contain the following information: (a) The construction of those terms on which parties agree; (b) Each party’s proposed construction of each disputed term, together with an identification of all references from the specification or prosecution history that support that construction, and an identification of any extrinsic evidence known to the party on which it intends to rely either to support its proposed construction or to oppose any other party’s proposed construction, including, but not limited to, as permitted by law, dictionary definitions, citations to learned treatises and prior art, and testimony of percipient and expert witnesses; (c) An identification of the terms whose construction will be most significant to the resolution of the case. The parties must also identify any term whose construction will be case or claim dispositive; (d) The anticipated length of time necessary for the Claim Construction Hearing; 78 (e) Whether one or more parties seeks to provide a tutorial, and, if so, the anticipated length of time for such tutorial(s); (f) Three potential dates on which a Claim Construction Hearing could be held. These dates must be within 60 days of the date by which claim construction briefing is to be completed; and (g) Whether any party proposes to call one or more witnesses at the Claim Construction Hearing, the identity of those witnesses, and for each witness, a summary of his or her testimony including, for any expert, each opinion to be offered related to claim construction. Terms to be construed by the court must be included in a chart that sets forth the claim language as it appears in the patent with terms and phrases to be construed in bold and include each party’s proposed construction and any agreed proposed construction.

LPR 1-16.

CLAIM CONSTRUCTION BRIEFING

Not later than 21 days after submitting to the court the Joint Claim Construction and Prehearing Statement, the party claiming patent infringement (or the party asserting invalidity if there is no infringement issue present in the case) must serve and file an opening claim construction brief and any evidence supporting its claim construction. Not later than 21 days after service of the opening brief, each opposing party must serve and file its responsive brief and supporting evidence. Not later than 7 days after service on it of a responsive brief, the party claiming patent infringement, or the party asserting invalidity if there is no infringement issue present in the case, must serve and file any reply brief and any evidence directly rebutting the supporting evidence contained in an opposing party’s response. Deviations from the claim construction positions submitted in the Joint Claim Construction and Prehearing Statement will be permitted only upon a showing of good cause.

LPR 1-17.

CLAIM CONSTRUCTION HEARING AND ORDER

The court intends to conduct a Claim Construction Hearing, unless it believes a hearing is unnecessary for construction of the claims. If the court determines a hearing is not necessary, it will issue an order stating that no hearing will be held. If a hearing is conducted the court will, schedule permitting, hold such hearing within 60 days of the completion of claim construction briefing in accordance with a date set forth in the Joint Claim Construction and Prehearing Statement. Except in special circumstances, the court intends to issue a Claim Construction Order within 60 days of either (a) the date of the Claim Construction Hearing, if one is held, or (b) the court’s order stating that no Claim Construction Hearing will be held.

79 LPR 1-18.

AMENDING CLAIM CONSTRUCTION SCHEDULE

The claim-construction schedule under this rule may be amended with leave of the court if circumstances warrant, including the court’s decision to adjudicate issues regarding patent validity, patent enforceability, or both before claim construction is necessary. LPR 1-18a. POST-CLAIM CONSTRUCTION AMENDMENT OF CONTENTIONS Within 14 days of a Claim Construction Order the parties are required to meet and confer in order to reasonably limit the number of claims and prior art references asserted. Within 30 days of a Claim Construction Order, the parties are to amend their disclosures accordingly, and include any other amendments to their disclosure at that time.

LPR 1-18b.

OPINION OF COUNSEL DEFENSES

Within 30 days of a Claim Construction Order, each party opposing a claim of patent infringement that will rely on an opinion of counsel as part of a defense must: (a) (b) Produce or make available for inspection and copying the opinion(s) and any other documents relating to the opinion(s) as to which that party agrees the attorney-client or work product protection has been waived; and Serve a privilege log identifying any other documents, except those authored by counsel acting solely as trial counsel, relating to the subject matter of the opinion(s) which the party is withholding on the grounds of attorney-client privilege or work product protection. A party opposing a claim of patent infringement who does not comply with the requirements of this LPR 1-18b will not be permitted to rely on an opinion of counsel as part of a defense absent a stipulation of all parties or by order of the court, which must be entered only upon a showing of good cause.

LPR 1-19.

MANDATORY SETTLEMENT CONFERENCES FOR PATENT CASES

Mandatory settlement conferences for patent cases must be conducted by the magistrate judge assigned to the case as follows: (a) (b) A Post-Claim Construction Order Settlement conference must be held within 30 days after entry of the claim construction order; and A Pretrial Settlement Conference must be held within 30 days after filing the Pretrial Order or further order of the court.

80 LPR 1-20.

STAY OF FEDERAL COURT PROCEEDINGS

The court may order a stay of litigation pending the outcome of any reexamination or review proceeding before the United States Patent and Trademark Office that concerns a patent at issue in the federal court litigation. Whether the court stays litigation upon the request of a party will depend on the circumstances of each particular case, including without limitation: (1) whether a stay will unduly prejudice or present a clear tactical disadvantage to the nonmoving party, (2) whether a stay will simplify the issues in question and the trial of the case, and (3) whether discovery is complete and a trial date has been set.

LPR 1-21.

GOOD FAITH PARTICIPATION A failure to make a good-faith effort to provide disclosures, narrow the instances of disputed claim-construction terms, reduce the number of claims and prior art references asserted, participate in the meet-and-confer process, or comply with any other obligations under these rules may expose an attorney to sanctions, including under 28 U.S.C. § 1927.

LPR 1-22.

FORM OF DISCOVERY PLAN AND SCHEDULING ORDER UNITED STATES DISTRICT COURT DISTRICT OF NEVADA vs. ________________________, Plaintiff, ______________________________) __________________________, Defendant. Case No. [SAMPLE] DISCOVERY PLAN AND SCHEDULING ORDER SPECIAL SCHEDULING REVIEW REQUESTED FOR A PATENT CASE Under Fed. R. Civ. P. 26(f), Local Rule 26-1, and Patent Local Rules 16.1-1 et seq., the respective parties conducted a discovery-planning conference on January __, 20__, and hereby submit to the court the following proposed Discovery Plan and Scheduling Order: 1. Discovery Cut-Off 2. Joint Protective Order 3.

Disclosure of Rule 26(a) Initial Disclosures, Asserted Claims, and Infringement Contentions 4. Disclosure of Non-Infringement, Invalidity, and Unenforceability Contentions 5. Response to Invalidity and Unenforceability Contentions 6. Motion to Amend Pleadings/Parties October __, 20__ (270 days) January __, 20__ [14 days after discovery- planning conference] January __, 20__ March __, 20__ [45 days later] March __, 20__ [14 days later] July __, 20__ [90 days to close of discovery] 81 7.

Exchange of Proposed Terms of Construction 8. Exchange of Preliminary Claim Construction April __, 20__ [90 days from Scheduling Conference] April __, 20__ [14 days later] 9. Submit Joint Claim Construction and April __, 20__ [14 days later] Prehearing Statement 10. Opening Claim Construction Brief 11.

Response to Claim Construction Brief 12. Reply Claim Construction Brief and Matter Submitted to court for Hearing 13. Claim Construction Tutorials, Hearing, and Order from the court 14. Disclosure of amended contentions under LPR 1-18a and opinion of counsel defense under LPR 1-18b 15.

Expert Designations 16. Rebuttal Expert Designations 17. Expert Discovery Cut-off 18. Dispositive Motion Deadline May __, 20__ [21 days later] June __, 20__ [21 days later] June __, 20__ [7 days later] July __, 20__ [within 60 days after the Reply brief is filed, the court will complete its hearing, and issue its order within an additional 60 days.

If the court is unable to issue its order within 120 days after submission of the Reply brief, the court may reset expert disclosure deadlines as requested by a party or stipulation] August __, 20__ [30 days after the Claim Construction Order] September __, 20__ [60 days after Claim construction Order issued by court] October __, 20__ [30 days after the Claim Construction Order] November __, 20__ [30 days after Rebuttal Expert Designations] December __, 20__ [30 days after expert discovery closes] IT IS ORDERED that within 30 days after the court enters a Claim Construction Order, the parties must submit to a Post-Claim Construction Settlement Conference as set by the court. IT IS FURTHER ORDERED that any extension of the discovery deadline will not be allowed without a showing of good cause for the extension. All motions or stipulations to extend discovery must be received by the court at least 21 days before the expiration of the subject deadline. A request made after this date will not be granted unless the movant demonstrates that the failure to act was the result of excusable neglect.

The motion or stipulation must include: (a) A statement specifying the discovery completed by the parties as of the date of the motion or stipulation; (b) A specific description of the discovery that remains to be completed; (c) (d) The reasons why the remaining discovery was not completed within the time limit of the existing discovery deadline; and A proposed schedule for the completion of all remaining discovery. 82 IT IS FURTHER ORDERED that, if no dispositive motions will be filed within the time specified in this order, then the parties must file a written, joint proposed pretrial order within 30 days of the dispositive motion cutoff, on or before December __, 20__. If dispositive motions are filed, then the parties must file a written, joint proposed pretrial order within 30 days of the date the court enters a ruling on the dispositive motions. Within 30 days of the entry of a pretrial order, or as further ordered by the court, the parties must submit to a pretrial settlement conference.

IT IS SO ORDERED. ___________________________________ UNITED STATES MAGISTRATE JUDGE DATED: ____________________.

83 PART IV—CRIMINAL PRACTICE LCR 1-1.

SCOPE AND PURPOSE (a) These are the Local Rules of Criminal Practice for the United States District Court for the District of Nevada. These rules are promulgated under 28 U.S.C. § 2071 and Fed. R. Crim. P. 57 and apply to all criminal proceedings unless the court orders otherwise. (b) The court expects a high degree of professionalism and civility from attorneys.

LCR 4-1.

COMPLAINT, WARRANT, OR SUMMONS BY TELEPHONE OR OTHER RELIABLE ELECTRONIC MEANS (a) Discretion of the Court. The consideration of information related to a complaint, warrant, or summons communicated by telephone or other reliable electronic means is at the discretion of the court. (b) Justification. The request to consider information related to a complaint, warrant, or summons communicated electronically must, to the extent applicable, include: (1) The name, position or title, and physical location of the person providing the information; (2) A brief description of the complaint, warrant, or summons; and (3) A short, specific statement of the basis for the request that the information be considered by electronic means.

(c) Responsibility of the Requesting Party. It is the responsibility of the requesting party to: (1) Have the testimony recorded verbatim by an electronic recording device, by a court reporter, or in writing; (2) Have any recording or the reporter’s notes transcribed, have the transcription certified as accurate, and file it; (3) Sign any other written record, certify its accuracy, and file it; and (4) File the exhibits.

84 LCR 7-1.

NOTICING THE COURT ON RELATED CASES

The government must promptly file a Notice of Related Cases whenever a criminal case previously filed and one or more complaints, informations, or indictments later filed: (a) (b) Arise out of the same conspiracy, common scheme, transaction, series of transactions or events; or Involve one or more defendants in common and would entail a substantial duplication of labor in pretrial, trial, or sentencing proceedings if heard by different judges. The Notice of Related Cases must be filed and served in each case, must identify the related cases by number, and must set forth the reasons why counsel believes the cases are related. Whenever practicable, the government must file the Notice of Related Cases with the indictment or information and serve it upon opposing counsel promptly after that counsel has been ascertained. If a Notice of Related Cases is filed, the assigned judges will determine whether the actions will be assigned to a single district or magistrate judge.

LCR 10-1.

WRITTEN WAIVER OF DEFENDANT’S APPEARANCE AT ARRAIGNMENT A defendant who is charged by indictment or misdemeanor information may waive his or her right to be present for an arraignment if: (a) At least seven days before the date set for arraignment, the defendant and defense counsel sign and submit to the court a written waiver that contains the following declarations: (1) (2) (3) (4) The defendant has received and read a copy of the indictment or information and understands the nature of the charge(s); The defendant understands that he or she has the right to remain silent, the right to trial by jury, the right to compulsory process, and the right to the assistance of counsel; Counsel has no reason to question the defendant’s competence to assist in the defense of the case; Defendant has a right to be present at the arraignment and waives that right; and (5) Defendant’s plea to the charge(s) is not guilty; and (b) The court accepts the waiver.

85 LCR 12-1.

TIME FOR FILING PRETRIAL MOTIONS, RESPONSES, AND REPLIES (a) Unless the court orders otherwise: (1) (2) (3) Each party has 30 days from the arraignment to file and serve the pretrial motions and notices specified in subsection (b) of this rule; Responses to pretrial motions and notices must be filed and served within 14 days from the date of service of the motion; and A reply brief may be filed and served within seven days from the date of service of the response. The reply brief must only address arguments made in the response. (b) The following pretrial motions and notices must be filed within the time period in subsection (a) of this rule: (1) (2) Defenses and objections based on defects in the institution of the prosecution (except challenges to the composition of the grand or petit jury, which are governed by 28 U.S.C. § 1867); Defenses and objections based on defects in the indictment or information (except objections based on a failure to show the court’s jurisdiction or to charge an offense, which may be noticed by the court at any time during the pendency of the proceedings); (3) Motion for bill of particulars, Fed. R. Crim. P. 7(f); (4) Motion to sever, Fed. R. Crim. P. 14; (5) Written demand by the government for notice of an alibi defense, Fed. R. Crim. P. 12.1; (6) Notice of insanity defense or expert evidence of a mental condition, Fed. R. Crim. P. 12.2; (7) Notice of defense based on public authority, Fed. R. Crim. P. 12.3; and (8) Motion to suppress evidence, Fed. R. Crim. P. 41(h). 86 (c) Any party filing pretrial motions, responses to motions, or replies must provide a certification that the motion, response, or reply is filed timely.

The certification must be identified and must be set forth separately as an opening paragraph in the motion, response, or reply. (d) Fed. R. Crim. P. 45 governs the computation of time.

LCR 12-2.

TRIAL-RELATED MOTIONS For trial-related motions outside the scope of LCR 12-1(b), such as motions in limine, such motions will not be considered unless the movant attaches a statement certifying that the parties have participated in the meet-and-confer process as defined by LR IA 1-3(f) and have been unable to resolve the matter without court action.

LCR 12-3.

MOTION FOR REVIEW OF MAGISTRATE JUDGE’S RELEASE OR DETENTION ORDER.

A motion under 18 U.S.C. § 3145(a) or (b) seeking review by a district judge of a magistrate judge’s release or detention order must be titled “Motion for District Judge Review of Magistrate Judge’s Release (or Detention) Order.” Any such motions must be filed and served without undue delay. Any response thereto must be filed within 14 days of the filing of the motion. Replies will be allowed only with leave of the court. The briefing of such motions is subject to the page limits set forth in LCR 47-2.

The district judge must conduct a de novo review and may hold an evidentiary hearing on the motion.

LCR 16-1.

DISCOVERY (a) Complex Cases (1) (2) At any time after arraignment, the court on its own motion or on motion by any party, and for good cause shown, may designate a case as complex. In all cases designated as complex, the parties must, within seven days after the designation, meet and confer to develop a proposed complex case schedule that addresses the following: (A) The scope, timing, and method of the disclosures required by federal statute, rule, or the United States Constitution, and any additional disclosures that will be made by the government; (B) Whether the disclosures should be conducted in phases, and the timing of the disclosures; (C) Discovery issues and other matters about which the parties agree or disagree, and the anticipated need, if any, for motion practice to resolve discovery disputes; (D) Proposed dates for the filing of pretrial motions and for trial; 87 (E) Stipulations for the exclusion of time for speedy trial purposes under 18 U.S.C. § 3161; and (F) Electronic exchange or storage of documents. (3) (4) The parties must file the proposed complex-case schedule within seven days after meeting and conferring under subsection 16-1(a)(2). As soon as practicable after the filing of the proposed complex-case schedule, the court must enter an order fixing the schedule for discovery, pretrial motions, and trial, and determining exclusions of time under 18 U.S.C. § 3161, or must conduct a pretrial conference to address unresolved scheduling and discovery matters.

(b) Non-Complex Cases. In cases that are not designated as complex under subsection 16-1(a), the parties must meet and confer to designate whether discovery in the case will be governed by a joint discovery agreement or a government disclosure statement. (1) Joint Discovery Agreement (A) The parties must meet and confer promptly to discuss the scope, timing, and method of the disclosures required by section 16- 1(b)(1)(B) and any additional disclosures that the parties agree upon. The parties must file a joint discovery agreement within seven days after arraignment, unless the court orders otherwise.

The joint discovery agreement must set forth the scope, timing, and method of the required disclosures and any additional disclosures that the parties agree upon. (B) In cases that will be governed by a joint discovery agreement, the parties agree that: (i) The government will disclose: (a) (b) All matters required by federal statute, rule, or the United States Constitution; and Any investigative reports that describe facts relating to charges in the indictment and any audio or video recordings that relate to the charges in the indictment, subject to any applicable work-product protections, law-enforcement privileges, or protective orders. (ii) The defense will make any reciprocal disclosures required by federal statute, rule, or the United States Constitution. 88 (C) In cases governed by a joint discovery agreement: (i) (ii) (iii) All parties will be deemed to have made all requests, demands, and reciprocal requests for discovery and any notices required by statute, rule, or the United States Constitution; All discovery matters will be deemed to be governed by LCR 16-1(b) and the joint discovery agreement; The government must make the disclosures required by federal statute, rule, or the United States Constitution available within seven days after filing the joint discovery statement; (iv) The government must make all other disclosures to which it has agreed available within the times set forth in the joint discovery agreement; (v) The defense must make its reciprocal disclosures available to the government no later than 14 days before trial; (vi) Both parties have a continuing duty to disclose; and (vii) Neither party may withhold a disclosure subject to this rule or the joint discovery agreement without providing the other party with notice of the intention to withhold the disclosure.

The notice must describe the nature of the disclosure being withheld and the basis on which it is being withheld in sufficient detail to permit the opposing party to file a discovery motion. (2) Government Disclosure Statement (A) In cases in which the parties have not entered into a joint discovery agreement, the government must file a disclosure statement. In these cases, within seven days after arraignment, the parties must meet and confer about the timing, scope, and method of the disclosures and reciprocal disclosures required by federal statute, rule, or the United States Constitution, and any additional disclosures that the government will make. 89 (B) Within seven days after the conference, but in no event more than 14 days after the date of arraignment, the government must file its disclosure statement, which must include the following information: (i) The date on which the parties discussed the disclosure statement, or an explanation of why a discussion has not occurred; (ii) The scope, timing, and method of the government’s disclosures; (iii) What, if any, disclosures the government has made identified by bates number and when those disclosures were made; and (iv) The scope, timing, and method of any additional disclosures that the government will make.

(c) Discovery Disputes. Before filing any motion for discovery, the attorney for the moving party must meet and confer with the opposing attorney in a good-faith effort to resolve the discovery dispute as defined by LR IA 1-3(f). Any motion for discovery must contain a statement by the moving party’s attorney certifying that, after personal consultation with the attorney for the opposing party, he or she has been unable to resolve the dispute without court action.

LCR 17-1.

ISSUANCE OF SUBPOENAS REQUESTED BY THE FEDERAL PUBLIC DEFENDER, APPOINTED COUNSEL, OR A PRO SE DEFENDANT (a) When a finding of indigency is made in a criminal case and the court orders the appointment of the Office of the Federal Public Defender under the Criminal Justice Act, 18 U.S.C. §§ 3006A, et seq., the clerk must issue subpoenas upon oral request and submission of prepared subpoenas by the attorneys of the Office of the Federal Public Defender. The cost of process, fees, and expenses of witnesses subpoenaed must be paid as for witnesses subpoenaed on behalf of the United States. The United States Marshal must provide these witnesses with advance funds for the purpose of travel within this district and subsistence. This rule only applies to witnesses who reside or are served within the District of Nevada.

Any subpoenas that must be served outside the District of Nevada require court approval under Fed. R. Crim. P. 17(b). (b) A further showing of indigency or necessity will not be required after an order is entered under subsection (a) of this rule for subpoenas to be served within the District of Nevada. 90 (c) (d) An attorney appointed under the Criminal Justice Act will be required to apply under Fed. R. Crim. P. 17(b) for the issuance of subpoenas, whether for service within or outside of the District of Nevada. A defendant who is acting pro se must apply under Fed. R. Crim. P. 17(b) for the issuance of subpoenas, whether for service within or outside of the District of Nevada.

(e) The subpoena or proposed subpoena must be in a form approved by the court.

LCR 32-1.

SENTENCING

In all cases that are set for sentencing on a conviction for an offense, which occurred after November 1, 1987, the provisions of Fed. R. Crim. P. 32(b) and the following procedure apply unless the court orders otherwise: (a) (b) (c) (d) Unless waived by the defendant, the probation officer must furnish the presentence investigation report referenced in Fed. R. Crim. P. 32 to the defendant, the defendant’s attorney, and the Attorney for the United States at least 35 days before the sentencing hearing. The parties must communicate in writing to each other and to the probation officer within 14 days after receiving the presentence investigation report any objections to the presentence investigation report that will affect the probation officer’s recommendation to the court. After receiving the objections, the probation officer may meet with the parties and revise the report before submitting it to the court. If a party later raises an objection that had not been identified as required by this subsection, the court may determine that this failure constitutes good cause to continue the sentencing hearing.

The presentence investigation report and any addendum or revision must be submitted to the court at least seven business days before the sentencing hearing. All revisions and addenda must be provided to the parties. Any sentencing memorandum addressing unresolved objections to the presentence investigation report or other sentencing issues must be filed and served on opposing attorneys and the United States Probation Office at least five business days before the sentencing hearing, and any response to the sentencing memorandum must be filed and served at least three business days before the sentencing hearing. (e) For purposes of this rule, a “business day” is any day that is not a Saturday, Sunday, legal holiday, or other day for which the Chief Judge has closed the courthouse in which the action is pending.

91 (f) Any motion for a forfeiture order must be filed and served on opposing attorneys no later than 28 days before the sentencing hearing, any response must be filed and served within 14 days from the date of service of the forfeiture motion, and any reply brief may be filed and served within seven days from the date of the service of the response.

LCR 32-2.

DISCLOSURE OF PRESENTENCE INVESTIGATION REPORTS, SUPERVISION RECORDS OF THE UNITED STATES PROBATION OFFICE, AND TESTIMONY OF THE PROBATION OFFICER (a) Confidentiality. The presentence investigation report, supporting documents, and supervision records are confidential court documents and are not available for public inspection. They are not to be reproduced or distributed to other agencies or other individuals without permission of the determining official or when mandated by statute. The determining official authorized to make disclosure decisions under this rule is a district judge, magistrate judge, or Chief Probation Officer (after consultation with the Chief Judge) of the District of Nevada.

(b) Disclosure of the Presentence Investigation Report and Confidential Materials for Sentencing Purposes. (1) When a copy or draft of a presentence investigation report is provided to the parties, the Probation Office will advise the parties in writing that (A) defense counsel is responsible for providing the defendant with a copy of the report, (B) the report is not a public record, and (C) the contents of the report may not be further disclosed to unauthorized persons. (2) If the presentence investigation report (A) contains information or material that includes diagnostic opinions that might seriously disrupt a program of rehabilitation, (B) identifies a source of information obtained upon a promise of confidentiality, or (C) contains any other information that, if disclosed, might result in harm, physical or otherwise, to the defendant or another person, the information must be excluded from the presentence investigation report and included in an addendum or attachment that must not be distributed to the defendant’s attorney or the attorney for the government. Attorneys must be notified in writing that sensitive or confidential materials have been delivered to the court under this provision.

This procedure constitutes compliance with Fed. R. Crim. P. 32(d)(3) and 32(i)(1)(B). 92 (c) Application for Disclosure of Presentence Investigation Reports or Supervision Records for Purposes Other than Sentencing. (1) The presentence investigation report, supporting documents, and supervision records may be disclosed for purposes other than sentencing of the defendant only upon written application accompanied by an affidavit describing the records sought, explaining their relevance to the proceedings, and stating the reasons the information contained in the records is not readily available from other sources or by other means. If the request does not comply with this rule, the determining official may deny the request or request additional information.

(2) The written application must be provided to the determining official at least 14 days before the production of records is required. Failure to meet this deadline constitutes a sufficient basis for denial of the request. (3) The determining official may waive the 14-day requirement upon a showing of a good-faith attempt to comply with this rule. (d) (e) Testimony of a Probation Officer.

A request for testimony of a probation officer must satisfy subsection (c) of this rule. Either party may examine materials provided to the Probation Office upon request to the Probation Office.

LCR 35-1.

MOTIONS AND RESPONSES UNDER FED. R. CRIM. P. 35 When a defendant files a motion for modification of sentence under Fed. R. Crim. 35, the defendant must serve the motion on the government; the government then has 21 days from the date of service of the motion to file and serve a response. See also LSR 4-1.

LCR 44-1.

APPOINTMENT OF COUNSEL

For procedures governing appointment of counsel, see the Plan for Administration of the Criminal Justice Act of 1964, as amended, which has been adopted by the District of Nevada. A copy of the plan may be obtained from the Clerk of Court.

LCR 44-2.

DESIGNATION OF RETAINED COUNSEL

Except for the Federal Public Defender and attorneys appointed by the court, no attorney will be considered by the court as an attorney of record for a defendant in a criminal case until a written designation of retained counsel, signed by the defendant and the attorney, is filed. A copy of the designation of retained counsel must be served on the government.

93 LCR 44-3.

CONTINUITY OF REPRESENTATION ON APPEAL

An attorney in a criminal case, whether retained by the defendant or appointed by the district court, must ascertain whether the defendant wishes to appeal and must file a notice of appeal upon the defendant’s request, regardless of any waivers in the plea agreement. An attorney must continue to represent the defendant on appeal until the attorney is relieved and replaced by a substitute attorney or by the defendant acting pro se under Ninth Circuit Rule 4-1. (a) When an attorney was retained for trial: (1) (3) If the defendant is not indigent for purposes of appeal, the attorney must continue to represent the defendant until relieved by the district court before the filing of the notice of appeal or by the Court of Appeals after the filing of the notice of appeal. If the defendant is indigent for purposes of appeal, the attorney must submit to the district court a financial affidavit (Form CJA 23) completed by the defendant, along with an application for appointment of counsel.

If a notice of appeal is filed before the application for appointment of counsel is filed, the application for appointment of counsel and the financial affidavit must be filed with the Court of Appeals under Ninth Circuit Rule 4-1. (b) When an attorney was appointed for trial: (1) (2) If the attorney was appointed by the district court under 18 U.S.C. § 3006A and a notice of appeal has been filed, the attorney’s appointment automatically continues on appeal. If the attorney is unable to, or should not, represent the defendant on appeal, the attorney must at the sentencing hearing request to be relieved as attorney and for the appointment of an attorney for the appeal. After the notice of appeal has been filed, this relief must be sought from the Court of Appeals.

LCR 45-1.

STIPULATIONS—GENERALLY All stipulations (except those made on the record) must be filed on the docket and will not be effective until approved by the court.

94 LCR 45-2.

CONTINUANCE OF TRIAL DATE—SPEEDY TRIAL ACT (a) (b) A request to continue a trial date, whether by motion or stipulation, will not be considered unless it sets forth in detail the reasons a continuance is necessary and the relevant statutory citations for excludable periods of delay, if any, under the Speedy Trial Act, 18 U.S.C. § 3161(h). The request must be accompanied by a proposed order that contains factual findings and relevant statutory citations, if any. Any request to extend the motions deadline to a date within 75 days of the current trial date must also include a request to continue the trial date or must provide an explanation why the trial date need not be continued in the event the motion deadline is extended.

LCR 46-1.

APPEARANCE BONDS

Any person admitted to bail will be required to execute an appearance bond in a form approved by the court.

LCR 46-2.

QUALIFICATION OF SURETY

Except for personal-recognizance bonds and bonds secured by cash or negotiable bonds or notes of the United States under LCR 46-3, every bond must have as surety: (a) (b) A corporation authorized by the United States Secretary of the Treasury to act as surety on official bonds under 31 U.S.C. §§ 9304 through 9306; A corporation authorized to act as surety under the laws of the State of Nevada and that has on file with the clerk a certified copy of its certificate of authority to do business in the State of Nevada, together with a certified copy of the power of attorney appointing the agent authorized to execute the bond; (c) One or more individuals who own real or personal property sufficient to justify the full amount of the suretyship; or (c) Any other security the court may order.

LCR 46-3.

DEPOSIT OF MONEY OR UNITED STATES OBLIGATION IN LIEU OF SURETY When ordered by the court, there may be deposited with the clerk in lieu of surety: (a) (b) Lawful money accompanied by an affidavit that identifies the money’s legal owner; or Negotiable bonds or notes of the United States accompanied by an executed agreement required by 31 U.S.C. § 9303(a)(3) that authorizes the clerk to collect or sell the bonds or notes in the event of default.

95 LCR 46-4.

APPROVAL BY THE COURT

An appearance bond requires a judicial officer’s approval. An approved appearance bond must be immediately forwarded to the clerk for filing with any money deposited with the judicial officer as security.

LCR 46.5.

PERSONS NOT TO ACT AS SURETIES

Officers of this court, members of the bar of this court, nonresident attorneys specially admitted to practice before this court, and their office associates or employees may not act as surety in this court.

LCR 46-6.

JUDGMENT AGAINST SURETIES

Regardless of what may be otherwise provided in any security instrument, every surety who provides a bond or other undertaking for filing with this court thereby submits to the court’s jurisdiction and irrevocably appoints the clerk as agent on whom any paper affecting liability on the bond or undertaking may be served. Liability will be joint and several and may be enforced summarily without independent action. Service may be made on the clerk, who must immediately mail a copy to the surety at the last known address.

LCR 46-7.

FURTHER SECURITY OR JUSTIFICATION OF PERSONAL SURETIES

At any time, and with reasonable notice to all other parties, any party for whose benefit a bond is presented may apply to the court for further or different security or for an order requiring personal sureties.

LCR 46-8.

DEPOSIT AND INVESTMENT OF FUNDS IN THE REGISTRY ACCOUNT; CERTIFICATE OF CASH DEPOSIT (a) Cash tendered to the clerk for deposit into the court’s Registry Account must be accompanied by a written statement titled “Certificate of Cash Deposit,” which must be signed by the depositor. The certificate must contain the following information: (1) The amount of cash tendered for deposit; (2) The party on whose behalf the tender is being made; (3) The nature of the tender (e.g., cash bond in support of appearance bond and order setting conditions of release); (4) The court order permitting the deposit; (5) The conditions of the deposit signed and acknowledged by the depositor; (6) The name and address of the legal owner to whom a refund, if applicable, should be made; and 96 (7) A signature block on which the clerk can acknowledge receipt of the cash tendered. The signature block must not be on a separate page, but must appear approximately one inch below the last typewritten line on the left- hand side of the last page of the certificate and must read as follows: RECEIPT Cash as identified herein is hereby acknowledged as being received the date. Dated: ____________________________ CLERK, U.S. DISTRICT COURT By: _____________________________ Deputy Clerk (b) The depositing party must attach a copy of the order permitting the deposit.

(c) The clerk may refuse cash tendered without the Certificate of Cash Deposit required by this rule.

LCR 46-9.

INVESTMENT OF FUNDS ON DEPOSIT (a) (b) Unless the court orders otherwise, funds on deposit in the court’s Registry Account under 28 U.S.C. § 2041 will be invested in an interest-bearing account established by the clerk. All motions or stipulations for an order directing the clerk to invest Registry Account funds in an account other than the court’s standard interest-bearing account must contain the following: (1) (2) The name of the bank or financial institution where the funds are to be invested; The type of account or instrument and the terms of investment where a timed instrument is involved; and (3) Language that either: (A) Directs the clerk to deduct from income earned on the investment a fee, not exceeding that authorized by the Judicial Conference of the United States and set by the Director of the Administrative Office; or 97 (B) States affirmatively that the investment is being made for the benefit of the United States and, therefore, no fee may be charged. (c) (d) (e) (f) An attorney or pro se party obtaining an order under these rules must cause a copy of the order to be served personally on (1) the clerk or (2) the chief deputy and the financial deputy. A supervisory deputy clerk may accept service on behalf of the clerk, chief deputy, or financial deputy in their absence.

The clerk must take all reasonable steps to deposit funds into interest-bearing accounts or instruments within 14 days after service of the order for the investment. An attorney or pro se party who obtains an order directing investment of funds by the clerk must, within 14 days after service of the order on the clerk, verify the funds were invested as ordered. An attorney or pro se party’s failure to personally serve (1) the clerk or (2) the chief deputy and the financial deputy, or in their absence a supervisory deputy clerk, with a copy of the order, or failure to verify investment of the funds, will release the clerk from any liability for lost earned interest on the funds. (g) An attorney or pro se party must notify the clerk regarding disposition of funds at maturity of a timed instrument.

In the absence of this notice, funds invested in a timed instrument subject to renewal will be reinvested for a like period of time at the prevailing interest rate. Funds invested in a timed instrument not subject to renewal must be re-deposited by the clerk in the court’s Registry Account, which is a non-interest-bearing account. (h) (i) Service of notice by an attorney or pro se party under LCR 46-8(g) must be made as directed in LCR 46-8(c) at least 14 days before the timed instrument matures. No term or condition of an investment may be changed without court order, and an attorney or pro se party must comply with LCR 46-8(b) and (c).

LCR 46-10.

EXONERATION OF BONDS (a) (b) Upon exoneration of any bond involving the deposit of cash bail funds in the court’s Registry Account, the clerk must refund the funds solely to the person denominated legal owner at the time the funds were deposited with and received by the clerk. No assignment of any deposited cash bail funds in the court’s Registry Account will be effective for refund purposes by the clerk unless the person denominated legal owner of the funds, as assignor, files with the clerk an executed, notarized acknowledgement of the assignment of the funds. 98 (c) Upon court order, the clerk must apply any cash bail funds of which the defendant is legal owner of record, whether invested or on deposit in the Registry Account, to the payment and satisfaction of any court-imposed fine. This payment must take place before either making refund of the remainder of the cash bail funds, if any, to the defendant or, to any extent, honoring a defendant’s assignment of the funds.

LCR 47-1.

MOTIONS

All motions—unless made during a hearing or trial—must be in writing and served on all other parties who have appeared. The motion must be supported by a memorandum of points and authorities. The motion and supporting memorandum of points and authorities must be combined into a single document that complies with the page limits in LCR 47-2.

LCR 47-2.

PAGE LIMITS FOR BRIEFS AND POINTS AND AUTHORITIES; REQUIREMENT FOR INDEX AND TABLE OF AUTHORITIES Unless the court orders otherwise, pretrial and post-trial briefs, motions, and responses to motions are limited to 30 pages, excluding exhibits. Replies in support of a motion are limited to 20 pages, excluding exhibits. If the court enters an order permitting a party to exceed these page limits, the document must include an index and table of authorities.

LCR 47-3.

FAILURE TO FILE POINTS AND AUTHORITIES

The failure of a moving party to include points and authorities in support of the motion constitutes a consent to denying the motion. The failure of an opposing party to include points and authorities in response to any motion constitutes a consent to granting the motion.

LCR 47-4.

PROOF OF SERVICE (a) All papers required or permitted to be served must, at the time they are presented for filing, be accompanied by written proof of service. The proof must show the day and manner of service and may be by written acknowledgment of service or written certificate by the person who served the papers. The court will not take action on any papers until proof of service is filed. For requirements for proof of service of electronically filed documents, see LR IC 4-1.

(b) Failure to provide the proof of service required by this Rule does not affect the validity of the service. Unless material prejudice would result, the court may at any time allow the proof of service to be amended or supplied.

LCR 49-1.

SERVICE OF DOCUMENTS BY ELECTRONIC MEANS

Documents may be served by electronic means to the extent and in the manner authorized by Part IC of these rules. Transmission of the Notice of Electronic Filing (NEF) constitutes service of the filed document on each party in the case who is registered as an electronic case filing user with the clerk. All others must be served documents according to these rules, the Federal Rules of Criminal Procedure, and the Federal Rules of Civil Procedure.

99 LCR 55-1.

FILES AND EXHIBITS—CUSTODY AND WITHDRAWAL (a) (b) (c) (d) All files and records of the court must remain in the custody of the clerk, and records or papers belonging to the court’s files may not be taken from the clerk’s custody without the court’s written permission, and then only after a receipt has been signed by the person obtaining the record or paper. The clerk must mark and have safekeeping responsibility for all exhibits marked and identified at trial or hearing. Unless there is some special reason why the originals should be retained, the court may order exhibits to be returned to the party who offered them upon the filing of true copies of the exhibits in place of the originals. Unless the court orders otherwise, the clerk must continue to have custody of the exhibits until the judgment has become final and the deadlines for filing a notice of appeal and motion for new trial have passed, or appeal proceedings have terminated, but in no event sooner than 2 years after the mandate issues or the appeal is otherwise terminated.

If no appeal is taken, after final judgment has been entered and the deadlines for filing a notice of appeal and a motion for a new trial have passed, or upon the filing of a stipulation waiving the right to appeal and to a new trial, any party may, upon 21 days’ prior written notice to all parties, withdraw any exhibit originally produced by it unless some other party or person files prior notice with the clerk of a claim to the exhibit. If a notice of claim is filed, the clerk must not deliver the exhibit unless both the party who produced it and the claimant consent in writing, or until the court has determined who is entitled to the exhibit. (e) If exhibits are not withdrawn within 21 days after the clerk notifies the parties to claim the exhibits, the clerk must destroy or otherwise dispose of the exhibits as ordered by the court. 100 PART V—SPECIAL PROCEEDINGS AND APPEALS LSR 1-1.

APPLICATIONS TO PROCEED IN FORMA PAUPERIS; FORM OF APPLICATION Any person who is unable to prepay the fees in a civil case may apply to the court for leave to proceed in forma pauperis. The application must be made on the form provided by the court and must include a financial affidavit disclosing the applicant’s income, assets, expenses, and liabilities.

LSR 1-2.

INMATES: ADDITIONAL REQUIREMENTS FOR APPLICATIONS TO PROCEED IN FORMA PAUPERIS When submitting an application to proceed in forma pauperis, an incarcerated or institutionalized person must simultaneously submit a certificate from the institution certifying the amount of funds currently held in the applicant’s trust account at the institution and the net deposits in the applicant’s account for the six months before the date of submission of the application. If the applicant has been at the institution for fewer than six months, the certificate must show the account’s activity for this shortened period.

LSR 1-3.

GRANT OR DENIAL OF APPLICATION TO PROCEED IN FORMA PAUPERIS (a) (b) The court may grant or deny an application to proceed in forma pauperis, or it may impose a partial filing fee if the applicant has money or assets. If a partial filing fee is required, the court may grant additional time to pay it. Installment payments of a partial filing fee will not be accepted. In a civil-rights action, the applicant must pay the full partial filing fee before the court will order service of process.

If the case is a petition or motion for post-conviction relief, the applicant must be allowed to proceed in forma pauperis during the interim period before the partial filing fee is paid. An applicant’s failure to pay the fee before the expiration of the time granted will be cause for dismissal of the case.

LSR 1-4.

APPLICANT FOR FORMA PAUPERIS STATUS NEED ONLY FILE ORIGINAL COMPLAINT, PETITION, OR MOTION A person applying for forma pauperis status need only submit to the clerk the original of any petition, complaint, or motion under 28 U.S.C. § 2255, along with the application to proceed in forma pauperis. 101 LSR 1-5.

REVOCATION OF LEAVE TO PROCEED IN FORMA PAUPERIS

The court may, either on the motion of a party or sua sponte, after affording an opportunity to be heard, revoke leave to proceed in forma pauperis if the party to whom leave was granted becomes capable of paying the complete filing fee or has willfully misstated information in the application to proceed in forma pauperis or affidavit, or has otherwise abused the privilege of proceeding in forma pauperis.

LSR 1-6.

EXPENSES OF LITIGATION

The granting of an application to proceed in forma pauperis does not relieve the applicant of the responsibility to pay the expenses of litigation that are not covered by 28 U.S.C. § 1915.

LSR 2-1.

PRO SE CIVIL-RIGHTS COMPLAINTS; FORM OF COMPLAINT A civil-rights complaint filed by a person who is not represented by an attorney must be submitted on the form provided by this court or must be legible and contain substantially all the information called for by the court’s form.

LSR 3-1.

PETITIONS FOR WRIT OF HABEAS CORPUS; FORM OF PETITION A petition for writ of habeas corpus under 28 U.S.C. § 2254 must be on the form supplied by the court or must be legible and substantially follow either that form or the form appended to the Rules Governing Section 2254 Cases in the United States District Courts.

LSR 3-2.

PETITIONS FOR WRIT OF HABEAS CORPUS; PAGE LIMITS (a) (b) (c) The page limits imposed by LR 7-3 do not apply in cases in which the petitioner is sentenced to death. In cases in which the petitioner is not sentenced to death, there is no page limit with respect to habeas corpus petitions, answers, and replies to answers. In such cases, motions, responses to motions, and replies in support of motions are limited to 30 pages, excluding exhibits. The court looks with disfavor on motions to exceed page limits, so permission to do so will not be routinely granted.

A motion to file a document exceeding the page limit in this rule will be granted only upon a showing of good cause. In a habeas corpus case, a motion for leave to file a document exceeding a page limit may be filed concurrently with, but separately from, the subject document. The subject document, exceeding the page limit, must include a table of contents and a table of authorities. If the court denies the motion, it may order the document stricken from the record, and re-filed in compliance with the page limit, or in compliance with an extended page limit set by the court.

102 LSR 3-3. PETITIONS FOR WRIT OF HABEAS CORPUS; EXHIBITS (a) (b) (c) (d) (e) The petitioner may refer, in the petition, to documents that he/she reasonably believes the respondents will be required to file under Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts, without the petitioner having to attach those documents to the petition. The petitioner may not, however, state a claim for habeas corpus relief by incorporating language from a document not attached to the petition; if the petitioner intends to state a claim by incorporation of language from a separate document, that document must be filed with the petition as an exhibit. The cover sheet for each exhibit need only reference the number or letter of the exhibit; the cover sheet need not include a descriptor of the exhibit.

The court disfavors the filing of duplicate exhibits. When amending a petition, the petitioner need not re-file his/her exhibits, but may refer to exhibits filed previously in the case. A party may, at any time, refer to any exhibits filed in the case by that party or any other party. The petitioner must number or letter his/her exhibits sequentially throughout the course of the action.

Likewise, the respondents must, separately, number or letter their exhibits sequentially throughout the course of the action. In cases in which the petitioner appears pro se, when referring to an exhibit, the respondents must refer to the exhibit both by reference to the document and page numbering in the electronic filing system and by the exhibit number or letter and the page numbering of the exhibit, such that the reference is meaningful to the pro se petitioner, without access to the electronic case filing system.

LSR 3-4.

PETITIONS FOR WRIT OF HABEAS CORPUS; CASE MANAGEMENT The court will set the schedule for motions, an answer, a reply, and other proceedings in each case, in a scheduling order developed for the individual case.

LSR 3-5.

SERVICE BY PRO SE PETITIONERS IN HABEAS CORPUS CASES

In cases in which the petitioner appears pro se, the petitioner need not serve upon the respondents copies of documents filed in the case after the respondents have appeared. A document filed by a pro se petitioner, after the respondents have appeared, will be considered served on the respondents when electronically filed. 103 LSR 3-6 SUBSTITUTIONS OF COUNSEL IN HABEAS CORPUS CASES (a) (b) In cases in which the respondents are represented by one or more attorneys in the office of the Nevada Attorney General, substitutions of counsel from one attorney in the office of the Nevada Attorney General to another attorney in that office need not be made by motion or stipulation, as is otherwise required by LR IA 11-6, but must be made by the filing of a notice of the substitution. In cases in which the petitioner is represented by one or more attorneys in a federal public defender’s office, substitutions of counsel from one attorney in the federal public defender’s office to another attorney in that office need not be made by motion or stipulation, as is otherwise required by LR IA 11-6, but must be made by the filing of a notice of the substitution.

LSR 4-1.

MOTIONS UNDER 28 U.S.C. § 2255; FORM OF MOTION A motion under 28 U.S.C. § 2255 must be on the form provided by this court or must be legible and substantially follow either that form or the form appended to the Rules Governing Section 2255 Proceedings for the United States District Courts.

LSR 4-2.

SERVICE BY PRO SE MOVANT IN PROCEEDINGS REGARDING MOTIONS UNDER 28 U.S.C. § 2255 In proceedings regarding a motion under 28 U.S.C. § 2255, in which the movant appears pro se, the movant need not serve upon the respondent copies of documents filed in the case after the respondent has appeared. A document filed in such a case by the pro se movant, after the respondent has appeared, will be considered served on the respondent when electronically filed.

LSR 5-1.

DEATH PENALTY CASES; CAPTION In death penalty cases, the caption of any application to proceed in forma pauperis, petition for writ of habeas corpus, or motion for post-conviction relief must include the following below the title of the document: “DEATH PENALTY CASE.” LSR 5-2. DEATH PENALTY CASES; SCHEDULED EXECUTION DATE (a) (b) In death penalty cases, the date of any scheduled execution must be included at the beginning of any application to proceed in forma pauperis, petition for writ of habeas corpus, or motion for post-conviction relief. In death penalty cases, if, after the case is initiated, and after the respondents have appeared, the execution of the petitioner is scheduled, the respondents must, within seven days after the scheduling of the execution, file a notice stating the scheduled execution date. 104 LSR 5-3.

DEATH PENALTY CASES; TRANSCRIPT OF EVIDENTIARY HEARING In death penalty cases, the court must order a transcript of any evidentiary hearing for purposes of appellate review.

LSR 5-4.

DEATH PENALTY CASES; BUDGETING OF APPOINTED COUNSEL The Judicial Council of the Ninth Circuit has mandated prospective budgeting of petitioners’ counsel in all capital habeas corpus cases in which CJA counsel is appointed. CJA counsel appointed in capital habeas corpus cases in this court will be subject to such budgeting.

LSR 6-1.

APPEALS; APPEAL BOND The appellant will not be required to file a bond or provide other security to ensure payment of costs on appeal in a civil case unless the court, on a motion or sua sponte, orders a cost bond or security and fixes its amount.

LSR 6-2.

APPEALS; DESIGNATION AND PREPARATION OF REPORTER AND RECORDER’S TRANSCRIPTS The party filing the notice of appeal must identify by name the court reporter or recorder (or the recording number when proceedings before the magistrate judge are recorded without the presence of a reporter or recorder) when designating transcripts on appeal. If more than one court reporter or recorder reported matters designated, an ordering form must be completed for each court reporter or recorder and each form must specify which portions of the designated transcript a particular court reporter or recorder are responsible for transcribing. The clerk must arrange for the transcription of any designated recordings of a magistrate judge’s proceedings.

LSR 6-3.

APPEALS; CLERK’S RECORD ON APPEAL; DESIGNATION, AND COSTS OF REPRODUCTION (a) The court has delegated to the Clerk of the Court the authority to determine when the original clerk’s record or any part of it is required to be kept for use in the district court. When the clerk determines that some or all of the record will be retained, the clerk will provide notice to all parties and give them an opportunity to designate which parts of the record should be reproduced for transmission to the court of appeals. (b) The appellant must pay the costs of reproducing the designated documents unless: (1) The appellant is authorized to appeal in forma pauperis, or (2) A cross appeal is filed and the court transmits a “joint” record. The costs of reproduction must be borne equally by the appellant(s) and cross appellant(s).

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