Removing Case Files

No case file, or portion of a case file, shall be removed from the Clerk's Office or from the Court without an order from the Clerk. An individual seeking to remove a file shall first prepare and submit an appropriate order. An individual may not retain a removed file for more than 7 days, except in extenuating circumstances and with permission of the Court. 78 X. GENERAL PROVISIONS LR 83.1 ELECTRONIC DEVICES (a) General Prohibition.

An individual may not possess an electronic device beyond the security checkpoints within any of the courthouses of this judicial district, except as allowed by this rule. For purposes of this rule, "electronic device" means any portable, electrical-powered device capable of sending or receiving a wireless signal; storing, sending, or retrieving electronic data; or having computing capability. (b) Exception for Court Employees, Law Enforcement Agents, Tenants and Contractors. The prohibition in paragraph (a) of this rule does not apply to the possession of electronic devices by: (i) court employees; (ii) agents employed by federal law enforcement agencies or officers assigned to or investigating federal criminal offenses upon presentation of their credentials; (iii) employees and visiting employees of courthouse tenant agencies; and (iv) contractors approved by the General Services Administration.

(c) Exception for Attorneys. An attorney must execute and comply with an agreement in the form attached hereto as Appendix IV and must submit the executed agreement to the local United States Marshal’s Office and Court Security Officers prior to the attorney’s possession and use of any electronic devices within the courthouse. Once an attorney has executed and submitted the agreement, an attorney and his or her assistants may bring electronic devices into the courthouse, and may use such electronic devices as follows: (i) Authorized attorneys and their assistants may use electronic devices in courtrooms provided that each device is operated silently; is not used for voice communication, photography, or audio or video recording; and is not used in a manner that will disrupt any courtroom proceeding. For example, the ringing of a wireless telephone in a courtroom during court proceedings is considered disruptive.

(ii) Authorized attorneys and their assistants may use electronic devices anywhere in the courthouse so long as such use does not disrupt courtroom or other official proceedings. 79 (d) Exception for Jurors. Any seated petit or grand juror may bring electronic devices into the courthouse during his or her service subject to the following limitations: (i) (ii) Jurors may only use electronic devices for non-court purposes during breaks. Electronic devices should be turned off or silenced and stored in designated receptacles when not in use.

(iii) Electronic devices are not allowed in the courtroom. (e) Photographing; Video and Audio Recording; and Video and Audio Broadcasting. Individuals, other than court personnel, are prohibited from using electronic devices while in the courthouse to capture photographs, record audio or video, or broadcast audio or video recordings, unless otherwise permitted by order of a United States District, Magistrate or Bankruptcy Judge. (f) Enforcement.

A violation of this rule will be reported to a judicial officer for appropriate action or other sanction, including but not limited to the confiscation of the device, the violator being required to remove the electronic device from the courthouse, or revocation of the violator's privilege to bring electronic devices into the courthouse. Violations of any provision of this rule by an attorney inside a courtroom may result in the imposition of a fine, revocation of the attorney’s privilege to bring electronic devices into the courthouse, or other action deemed appropriate by the judicial officer. (g) Judicial Discretion. Any presiding judge may modify these procedures or suspend any person’s privilege granted by this rule at any time for any reason.

80 Agreement Attorney Name: Firm Name: Address: Telephone No.: B.P.R. No.: I agree that my possession of any electronic devices beyond the security checkpoints within courthouses of the United States District Court for the Eastern District of Tennessee will be in strict compliance with the provisions of E.D. Tenn. LR 83.1 and this Agreement. I further agree that I will not, while on court premises, allow anyone else to use any electronic device that I bring or cause to be brought into a district courthouse except in compliance with E.D. Tenn. LR 83.1.

I acknowledge that I have read and understand E.D. Tenn. LR 83.1. I understand that any violation of this Agreement may result in the loss of my privilege to bring electronic devices into any district courthouse, fines, or other appropriate action, including confiscation of the device. I understand and agree that United States Deputy Marshals and Court Security Officers may enforce this Agreement, E.D. Tenn.

LR 83. 1 and any other applicable rules and orders of the Court governing use of electronic devices and may confiscate the device if they, in their discretion, determine that: (1) there has been a violation of this Agreement, the foregoing rules, or any other applicable rules and orders of the Court governing use of electronic devices; or (2) use of the electronic device could pose a threat to courthouse security. I understand and agree that the Court may terminate this Agreement and my use of electronic devices under this Agreement without notice for any reason and in its sole discretion. I will provide the United States Marshal's Office and Court Security Officers with a signed copy of this Agreement prior to my initial use of any electronic device pursuant to E.D. Tenn.

L.R. 83.1. Attorney Signature Copies of the foregoing agreement are available on the Court's website and from the United States Marshal's Office and Court Security Officers. 81