X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING ORDERS [Reserved]

ii iii INTRODUCTION The Local Rules are divided into three parts: (1) General Local Rules applicable to civil and criminal cases; (2) Civil Local Rules applicable only to civil cases; and (3) Criminal Local Rules applicable only to criminal cases. Each part begins with a Rule defining its scope. Following the recommendation of the Judicial Conference, the numbering of the General and the Civil Local Rules has been tied to the Federal Rules of Civil Procedure and, in the case of the Criminal Local Rules, to the Federal Rules of Criminal Procedure. Some of the Local Rules are similar to certain Federal Rules of Civil Procedure and Federal Rules of Criminal Procedure.

The Local Rules do not, however, repeat the Federal Rules in their entirety, and practitioners are advised to consult both the Local Rules and the applicable Federal Rules. These Local Rules have been adopted pursuant to the authority of 28 U.S.C. § 2071, Rule 83 of the Federal Rules of Civil Procedure, and Rule 57 of the Federal Rules of Criminal Procedure. 1 PART A. GENERAL RULES I. SCOPE OF RULES; FORM OF ACTION General L.R. 1. Scope and Purpose of Rules (a) The General Rules set forth in Part A govern both civil and criminal proceedings in this District.

The Rules set forth in Part B govern civil proceedings in this District. The Rules set forth in Part C govern criminal and petty offense proceedings in this District. The Rules are to be cited as follows: “S.D. Ala. GenLR ___”; “S.D. Ala.

CivLR ___”; and “S.D. Ala. CrLR ___.” (b) These Rules are intended to supplement the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, and other controlling statutes and rules. They shall be applied, construed, and enforced to avoid inconsistency with other governing statutes and rules, and shall be employed to provide fairness and simplicity in procedure to avoid technical and unjustified delay and to secure a just, expeditious, and inexpensive determination of all proceedings. (c) In these Rules, “Court” includes both District Judges and Magistrate Judges; “Judge,” without specifying “District” or “Magistrate,” includes both; “Clerk” means the Clerk of the District Court and includes Deputy Clerks of Court; and “Marshal” means the United States Marshal and includes Deputy Marshals.

(d) Any Judge may, in the interests of justice in a particular case, suspend application and enforcement of any Local Rule or any portion thereof. (e) Subject to the review of the District Court, the Bankruptcy Court for the Southern District of Alabama is authorized to make and amend rules governing practice and procedure in all actions within its jurisdiction. Any rules made pursuant to this authorization must be consistent with Bankruptcy Rule 9029, as well as Fed. R. Civ. P. 83, and may not limit the use of the Official Forms. General L.R. 1.1.

Procedures for Individual Judges The Judges of this Court have adopted individual Orders Governing Final Pretrial Conference, copies of which are available from the Clerk and on the Court’s website. Some Judges also have adopted rules regarding courtroom decorum and other matters applicable to actions assigned to their dockets. Some of these rules have been reduced to writing. Attorneys should check with the Clerk to ascertain whether a particular Judge has any such printed rules.

2 II.

PLEADINGS AND OTHER PAPERS

General L.R. 5. Serving and Filing Pleadings and Other Papers (a) General Format of Papers Presented for Filing. (1) Pleadings and other papers must be formatted for reproduction on 8-½” x 11” paper. The text must be double-spaced, but quotations more than two lines long may be indented and single-spaced.

Headings and footnotes may be single-spaced. Margins must be at least 1” on all four sides. Page numbers may be placed in the margins, but no text or footnotes may appear there. (2) All pleadings and other papers must use a plain, Roman style (or similar) font, although italics or boldface may be used for emphasis.

Case names must be italicized or underlined. Font must be 12 point or larger, including footnotes. (3) For filings by represented parties, at least one attorney appearing in the action shall sign each document filed. In addition, there shall be included directly beneath the signature line the typed or printed name, address, and telephone number of all attorneys of record representing that party.

(4) For filings by pro se litigants, the unrepresented party shall personally sign each document filed and shall include, directly beneath the signature line, his or her name, address and telephone number. (5) The requirements of this subsection (a)(1) and (2) are not applicable when using a form approved and/or furnished by the Court. (b) Electronic Filing. (1) The Clerk is authorized to implement and publish Electronic Case Filing Procedures (titled “Administrative Procedures for Filing, Signing, and Verifying Pleadings and Documents by Electronic Means”), including the procedure for registration of attorneys and for the distribution of passwords to permit electronic filing, service and noticing of pleadings and other documents.

(2) All pleadings and other papers must be filed by electronic means unless exempted by law or the Electronic Case Filing Procedures or excused by the Court. The Court may make reasonable exemption from the electronic filing requirement. 3 (3) The electronic filing or signing of pleadings or other documents by an attorney who is a registered participant in the Electronic Case Filing System shall constitute the signature of that attorney under Fed. R. Civ. P. 11. (4) No attorney shall knowingly permit, or cause to permit, his/her password to be utilized by anyone other than an authorized member or employee of his/her law firm.

(5) No person shall knowingly utilize or cause another person to utilize the password of a registered attorney, unless such person is an authorized member or employee of the law firm. (6) The electronic filing of a pleading or other document in accordance with the Electronic Case Filing Procedures shall constitute entry of that pleading or other document on the docket kept by the Clerk under Fed. R. Civ. P. 79. (7) The Clerk shall enter all orders, decrees, judgments, and proceedings of the Court in accordance with the Electronic Case Filing Procedures, which shall constitute entry of the order, decree, judgment, or proceeding on the docket kept by the Clerk under Fed. R. Civ. P. 58 and Fed. R. Crim. P. 55. (c) Non-Electronic Filing.

If electronic filing is exempted or excused, the original of all papers must be filed conventionally. All papers filed by non- electronic means must be filed with the Clerk and not in the Judge’s chambers. Except when the documents are deemed by the Clerk to be voluminous, the Clerk shall scan the original papers and enter them into the record electronically. (d) Service.

(1) Whenever pleadings or other documents are filed electronically in accordance with the Electronic Case Filing Procedures, the Clerk shall serve the filing party, and all other parties whose attorney of record is a registered participant in the Electronic Case Filing System, with a “Notice of Electronic Filing” by electronic means at the time of docketing. (2) The filing party shall serve the pleadings or other documents upon all persons entitled to notice or service in accordance with the applicable Rules. When service by first-class mail is permitted under the Rules, the filing party may make service in accordance with sub-paragraph (d)(3) below. (3) If the recipient of notice or service is a registered participant in the Electronic Case Filing System, service by electronic means of the Notice of 4 Electronic Filing shall be the equivalent of service by first-class mail, postage prepaid.

(4) A separate certificate of service is not required for papers served electronically if all parties were served through the Court’s Electronic Case Filing System. (5) Service by electronic means is complete on transmission. (6) Service by electronic means is not effective if the party making service learns that the attempted service did not reach the person to be served. (7) Participation in the Electronic Case Filing System by receipt of a password from the Court shall constitute a request for service and notice electronically pursuant to Fed. R. Civ. P. 5(b)(2)(E) and Fed. R. Crim. P. 49.

Participants in the Electronic Case Filing System, by receiving a password from the Court, agree to receive service by electronic means. General L.R. 5.2. Sealed Documents The following procedures govern documents under seal in criminal and civil cases in this District. (a) General.

A “sealed document” is a document access to which, other than by the Court or its authorized personnel, is prohibited or restricted. Portions of a document cannot be filed or placed under seal - only the entire document may be sealed. No sealed document may be unsealed or disclosed except upon order of the Court or in compliance with this Rule. (b) Procedures for Filing a Sealed Document.

(1) Format. Any sealed document must be filed and conspicuously labeled “SEALED.” (2) Motion to Seal. To obtain a sealing order, a party must file an unsealed written motion containing: (A) A generic, non-confidential identification of the document to be sealed; (B) The basis upon which the party seeks the order, including the reasons why alternatives to sealing are inadequate; and (C) The duration for which sealing is requested. 5 The moving party also must attach to the motion a proposed unsealed order granting the motion and setting forth the basis for the Court's action.

The moving party also must file, in camera and under seal, the document proposed to be sealed. The CM/ECF “Sealed Document(s)” event may be used for this filing. The document will be kept under seal by the Clerk, pending a decision by the Court on the motion. If the motion to seal is denied, the Clerk will delete the document from the Electronic Case Filing System and return any conventionally filed document to the party, unless the Court orders otherwise.

(3) Public Notice of Motion to Seal or Sealing Order. A motion to seal, and any order to seal, must be docketed according to the Administrative Procedures of the Court. (4) Objection to Sealing. Any person or entity, whether a party or not, may object to a motion to seal a document or may file a motion to unseal a document previously sealed.

(5) Agreement by Parties. These provisions do not limit the ability of the parties, by agreement, to restrict access to documents that are not filed with the Court. Any agreement calling for the sealing of any document to be filed with the Court is subject to the provisions of this Rule. (6) Extension of Sealing.

No order to seal will be extended except upon a subsequent order of the Court obtained in accordance with this Rule. (7) Sealed Case. No case may be sealed in its entirety except by order of the Court obtained in accordance with this Rule and applicable law. (c) Exceptions.

(1) No motion or order is required to file the following under seal: (A) An unredacted version of a document containing personal data identifiers, filed in compliance with these Rules, the Federal Rules of Procedure, or the E-Government Act; (B) An ex parte motion or application where sealing is permitted or required by law; (C) Presentence investigation reports, pretrial services reports, psychiatric or psychological evaluations in criminal cases, including documents incorporating the content of the foregoing documents; 6 (D) Affidavits submitted in support of a motion for in forma pauperis status; (E) Motions, orders, notices, and other matters occurring before the grand jury, subject to the provisions of Fed. R. Crim. P. 6; (F) Applications and orders for the disclosure of tax information (26 U.S.C. § 6103); (G) Motions and orders involving the Classified Information Procedures Act (18 U.S.C. app 3 §§ 1-16) or Foreign Intelligence Surveillance Act (50 U.S.C. § 1801); (H) Pleadings and documents involving the Juvenile Delinquency Act; (I) Requests and orders for authorization of investigative, expert, or other services pursuant to the Criminal Justice Act; or (J) Other documents required by law to be filed under seal. (2) No publicly filed motion or order under this Rule is required for sealing the following: (A) Motion by the United States for a downward departure or reduction of sentence in a criminal case, with leave of Court upon a showing of particular need in an individual case to prevent serious harm; or (B) Search, seizure, and arrest warrants and affidavits. (3) A publicly filed motion and order citing only the statutory authority for sealing is required for the following: (A) Applications and orders for pen/trap devices (18 U.S.C. § 2703); and (B) Applications and orders for wire, oral, or electronic communication interception (18 U.S.C. § 2516). (d) Unsealing.

Unless the Court orders otherwise, the Clerk will unseal the following sealed documents when indicated: (1) Search Warrant. After the search is executed and the warrant is returned to the Clerk. 7 (2) Arrest Warrant, and In a Violation Case, Any Violation Report. After the arrest is made.

(3) Indictment. Upon the arrest or appearance of a single Defendant. In multi-Defendant cases, and unless the Court orders otherwise, upon the earliest of any of the following: (A) Ten (10) days following the arrest of any Defendant; (B) Thirty (30) days after return of the indictment; or (C) When all Defendants have been arrested or summoned. In criminal cases, each Defendant must be provided with a copy of the charges against that Defendant (with other portions redacted, if necessary), even if the indictment or complaint is otherwise sealed.

In multi-Defendant cases in which the indictment is to remain sealed, the government is responsible for submitting to the Magistrate Judge for approval, reasonably in advance of the initial appearance, an appropriately redacted indictment for disclosure to the Defendant and to the public. (4) Criminal Complaint. Thirty (30) days after issuance or when all Defendants named are in custody or have been summoned, whichever is the earliest. (5) Other Sealed Documents.

The documents will be unsealed 120 days from the date of entry of the sealing order, unless the Court by order provides otherwise. General L.R. 7. Requests for Court Action A request for Court action must be presented by motion and may not be presented by informal means such as a letter.

III.

DISCLOSURES AND DISCOVERY [Reserved] General L.R. 43. Examining Witnesses IV.

TRIAL

Unless otherwise ordered, only one attorney for each party may examine or cross-examine a witness. 8 General L.R. 47. Selecting Jurors (a) Voir Dire of Prospective Jurors. The Court may conduct the voir dire examination of prospective jurors or permit the parties to do so.

When the Court conducts voir dire, the parties may submit written proposed questions to the Court and may request additional questions in light of prospective jurors’ responses to the Court’s examination. (b) Juror Questionnaires. Juror questionnaires shall be available for inspection from the Clerk on the Thursday before jury selection is scheduled to commence. The information contained in the questionnaires is to be used for purposes of jury selection only.

Only counsel, employees of counsel, and the parties are authorized to view juror information. Absent a Court order, this information shall not be disclosed to others and shall be destroyed after jury selection is complete. The attorneys and pro se parties are expected to examine the juror questionnaires available in the Jury Section of the Clerk’s Office prior to jury selection in order to become familiar with each potential venire person’s background, occupation, etc. During the jury selection proceedings, the Court will have each venire member identified by number only, thus enabling the parties to match each potential juror with his/her background information. (c) Jury Selection Procedure.

A venire shall be drawn according to the Court’s plan for the qualification and random selection of petit jurors. Once the Judge or a Deputy Clerk, in the presence of all parties and their counsel, has generally qualified the venire, a panel of prospective jurors will be identified for each particular action. After questioning the members of the panel and resolving all strikes for cause, the Court will ask the parties to exercise their peremptory strikes simultaneously and in writing. Beginning with the first qualified juror remaining on the panel, the strike list will contain a sufficient number of prospective jurors necessary to establish a jury of a predetermined size once the parties have had an opportunity to use all authorized peremptory strikes.

If all strikes are not used, or if any of the strikes overlap, resulting in more qualified jurors available for service than are needed, the jury will be composed of the previously determined number of jurors beginning with the first juror on the list. The time necessary for the parties to produce their lists of peremptory strikes is ten (10) minutes, unless, for good cause shown, the Court extends that time. Once all strikes have been recorded, the parties shall be afforded an opportunity to review the strikes of any opposing party in order to present any objections or motions related to those strikes. Once any and all objections or motions are resolved, the Deputy Clerk shall be asked to seat the jury.

After the Deputy Clerk has identified and seated the jury, the parties 9 shall be prepared to confirm that the jury seated in the jury box is the jury that was selected. (d) Peremptory Challenges. Each party shall be entitled to the number of peremptory challenges authorized by 28 U.S.C. § 1870 in civil cases and by Fed. R. Crim. P. 24 in criminal cases. Within the discretion of the Judge, additional peremptory challenges may be allowed in any case.

In civil cases where there are multiple Plaintiffs or Defendants, requests for additional peremptory challenges shall be filed no later than the final pretrial conference. In criminal cases involving multiple Defendants, the Judge may allow additional challenges and authorize the Defendants to exercise those challenges separately or jointly, so long as they are requested at least seven (7) days in advance of jury selection. (e) Communications with Jurors. Parties, attorneys, and the agents or employees of parties or attorneys may not approach, interview, or communicate with a venire member or juror before, during, or after trial, except with leave of Court.

Such leave may be granted only upon notice to opposing counsel (or pro se opponent) and a showing of good cause. A juror must be advised at the outset of any communication that his or her participation is voluntary. Any juror contact permitted by the Court under this Rule is subject to the Court’s control. General L.R. 51.

Instructions to the Jury The parties must submit any proposed written jury instructions and, if required, a written form of verdict before the commencement of trial on a schedule established by the trial Judge. Further instructions may be submitted after the commencement of trial only as permitted by the Court.

V. MAGISTRATE JUDGES General L.R. 72.

Duties Under 28 U.S.C. § 636(a) and (b) (a) Authorized Duties. (1) Magistrate Judges are authorized to exercise all of the powers and duties set forth in 28 U.S.C. § 636(a) and (b) and are authorized to perform any and all additional duties as may be assigned from time to time, consistent with the Constitution and laws of the United States. (2) The duties authorized to be performed by Magistrate Judges, when assigned to them pursuant to Local Rule 72(b), include, but are not limited to: (A) Issuing search warrants, Fed. R. Crim. P. 41, issuing seizure warrants, issuing warrants to install a tracking device, 18 U.S.C. § 3117 or Fed. R. 10 Crim. P. 41, issuing orders for disclosure of the contents of wire or electronic communications or records, 18 U.S.C. § 2703(d), issuing orders for a pen register or a trap and trace device, 18 U.S.C. §§ 3122-3123, and issuing administrative inspection warrants upon proper application meeting the requirements of applicable law; (B) Issuing complaints and appropriate summonses or arrest warrants for the named Defendant, Fed. R. Crim. P. 4; (C) Conducting initial appearance proceeding, Fed. R. Crim. P. 5; (D) Appointing counsel for indigent persons, approving compensation and expense vouchers, and all other duties in conformance with the Court’s Criminal Justice Act Plan; (E) Conducting preliminary examinations, Fed. R. Crim. P. 5.1; 18 U.S.C. § 3060; (F) Conducting removal hearings for Defendants charged in other Districts, including the issuance of warrants of removal, Fed. R. Crim. P. 40; (G) Issuing writs of habeas corpus ad testificandum and habeas corpus ad prosequendum, 28 U.S.C. § 2241(c)(5); (H) Releasing or detaining material witnesses, 18 U.S.C. § 3144; (I) Issuing warrants and conducting extradition proceedings pursuant to 18 U.S.C. § 3184; (J) Conducting proceedings for the discharge of indigent prisoners or persons imprisoned for debt under process or execution issued by a Federal Court, 28 U.S.C. § 2007; (K) Issuing attachment or other orders to enforce obedience to an Internal Revenue Service summons to produce records or given testimony, 26 U.S.C. § 7604(b); (L) Conducting post-indictment arraignments, accepting not guilty pleas, accepting guilty pleas in misdemeanor and other petty offense cases with the consent of the Defendant, when required, and the ordering of a presentence investigation report concerning any Defendant who expresses the desire to plead guilty, Fed. R. Crim. P. 10, 11(a), 32(c) & 58; 11 (M) Empaneling grand juries; accepting the return of an indictment by the grand jury; granting leave to the government to dismiss a criminal complaint; and dismissing a criminal complaint upon a finding of unnecessary delay in presenting a charge to the grand jury, filing an information against a Defendant, or bringing a Defendant to trial, Fed. R. Crim. P. 6(a) & 6(f), 48(a) & 48(b); (N) Supervising and determining all pretrial proceedings and motions made in criminal cases including, without limitation, motions and orders made pursuant to Fed. R. Crim. P. 12, 12.2(c), 14-17.1, & 28, 18 U.S.C. § 4244, orders determining excludable time under 18 U.S.C. § 3161, and orders dismissing a complaint without prejudice for failure to return a timely indictment under 18 U.S.C. § 3162; except that a Magistrate Judge may not grant a motion to dismiss or quash an indictment or information, or a motion to suppress evidence, or any other case dispositive motion, but may make recommendations to the District Judge concerning them; (O) Conducting hearings and issuing orders upon motions arising out of grand jury proceedings, including orders entered pursuant to 28 U.S.C. § 6003, and orders involving enforcement or modification of subpoenas, directing or regulating lineups, photographs, handwriting exemplars, fingerprinting, palm printing, voice identification, medical examinations, and the taking of blood, urine, fingernail, hair, and bodily secretion samples (with appropriate safeguards); (P) Conducting hearings and issuing orders arising out of a motion for return of property pursuant to Fed. R. Crim. P. 41(g), except that, to the extent the motion is treated as a motion to suppress under Fed. R. Crim. P. 12, then it must be handled in accordance with subparagraph (2)(N) of this Rule; (Q) Conducting preliminary hearings in all probation or supervised release revocation proceedings, and conducting final hearings for misdemeanors when the Defendant has previously consented to the exercise of jurisdiction by the Magistrate Judge, Fed. R. Crim. P. 32.1; (R) Processing and reviewing habeas corpus petitions or applications filed pursuant to 28 U.S.C. § 2241, those filed by state prisoners pursuant to 28 U.S.C. § 2254, or by federal prisoners pursuant to 28 U.S.C. § 2255, and civil suits filed by state prisoners under 42 U.S.C. § 1983. Magistrate Judges have the authority to require responses, issue orders to show cause and any other orders necessary to develop a complete record, and to prepare a report and recommendation to the District Judge as to appropriate disposition of the application, petition, or claim; 12 (S) Supervising and determining all pretrial proceedings and motions made in civil cases including, without limitation, rulings upon all procedural and discovery motions, and conducting pretrial conferences; except that a Magistrate Judge (absent the consent of all affected parties) may not appoint a receiver, issue an injunctive order pursuant to Fed. R. Civ. P. 65, enter an order dismissing or permitting maintenance of a class action pursuant to Fed. R. Civ. P. 23, enter any order granting judgment on the pleadings or summary judgment, in whole or in part, pursuant to Fed. R. Civ. P. 12(c) or 56, enter an order of involuntary dismissal pursuant to Fed. R. Civ. P. 41(b) or (c), or enter any other order or judgment dispositive of a claim or defense, but may make reports and recommendations to that District Judge concerning them; (T) Conducting mediation conferences, or other alternative dispute resolution (ADR) procedures, pursuant to the District’s ADR Program; (U) Conducting all proceedings in civil suits after judgment incident to the issuance of writs of replevin, garnishment, attachment, or execution pursuant to governing state or federal law, and conducting all proceedings and entering all necessary orders in aid of execution pursuant to Fed. R. Civ. P. 69; (V) With the consent of the parties, presiding over the voir dire examination and empanelment of trial juries in civil and criminal cases and accepting jury verdicts in the absence of the District Judge; (W) Processing and reviewing all suits instituted under any law of the final decisions of United States providing administrative officers or agencies on the basis of the record of administrative proceedings, and the preparation of a report and recommendation to the District Judge concerning the disposition of the case; judicial review of for (X) Serving as a special master in accordance with Fed. R. Civ. P. 53; (Y) In admiralty cases, entering orders: (i) For the seizure and appointing substitute custodians of vessels or property seized in rem; (ii) Fixing the amount of security pursuant to Rule E(5), Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, that must be posted by the claimant of a vessel or property seized in rem; 13 (iii) In limitation of liability proceedings, for monition and restraining orders, including approval of the ad interim stipulation filed with the complaint, establishment of the means of notice to potential claimants and a deadline for the filing of claims; and (iv) To restrain further proceedings against the Plaintiff in limitation, except by means of the filing of a claim in the limitation proceedings; (Z) Appointing persons to serve process pursuant to Fed. R. Civ. P. 4(c); and (AA) Supervising proceedings conducted pursuant to letters rogatory or request in accordance with 28 U.S.C. § 1781.

(b) Assignment of Duties. The assignment of duties to the Magistrate Judges by the District Judges of the Court may be made by standing order entered collectively, or by any individual District Judge in any case assigned to the District Judge, through written order or oral directive, made or given with respect to such case or cases. In any case, the assigned District Judge may designate the Magistrate Judge to perform any or all of the duties authorized by 28 U.S.C. § 636(a) or (b) or by these Local Rules. The Clerk, in an electronic reference, shall refer all duties authorized by this Rule to the Magistrate Judges.

This reference shall be sufficient notice to the parties that a particular matter has been referred to the Magistrate Judge for appropriate action. (c) Objections to Magistrate Judge’s Determination in Criminal Cases and in Civil Cases in Which the Parties Have Not Consented to Magistrate Judge Jurisdiction. (1) In civil and criminal cases in which the parties have not consented to Magistrate Judge jurisdiction, objections to a determination by the Magistrate Judge are governed by Fed. R. Civ. P. 72 and Fed. R. Crim. P. 59. (2) Any other party may serve and file a response to the objection within fourteen (14) days from the date of service of the objection, unless the Court sets a different deadline.

(3) Unless the Court orders otherwise, the objecting party may serve and file a reply within seven (7) days from the date of service of the response. 14 (d) Record of Proceedings Before Magistrate Judge. (1) The Magistrate Judge must determine, after taking into account the complexity of the particular matter, whether the record must be taken down by a reporter or recorded by suitable sound equipment. (2) Notwithstanding the Magistrate Judge’s determination: (A) The proceeding may be taken down by a reporter if any party so requests; (B) The proceeding must be recorded by suitable sound equipment if all parties agree; and (C) The Magistrate Judge may choose to make no record of the proceeding if all parties agree.

General L.R. 73. Duties Under 28 U.S.C. § 636(c) (a) Authorized Duties. The Magistrate Judges in this District are designated to exercise the jurisdiction and authority provided by 28 U.S.C. § 636(c) upon the expressed consent of all parties and may conduct any or all proceedings, including a jury or non-jury trial, in a civil case. (b) Transfer of Civil Cases to Magistrate Judges.

In any case assigned to a District Judge pursuant to Civil Local Rule 3(b), if the parties consent to the Magistrate Judge’s jurisdiction pursuant to 28 U.S.C. § 636(c) and follow the procedure set forth in General Local Rule 73(c)(4), the District Judge may refer the case to the Magistrate Judge by written order. (c) Direct Assignment of Civil Cases to Magistrate Judges. The Clerk shall randomly assign to the full-time Magistrate Judges a percentage of the Court’s total civil docket in an effort to enhance the opportunity for litigants to more fully utilize the services of the Magistrate Judges. The specific percentage of cases referred shall be set by the District Judges and may be changed from time to time in their discretion.

The following procedure applies: (1) The Clerk shall establish a method of randomly selecting civil cases for reference to the Magistrate Judges of this District. Once identified, the cases shall be referred to all Magistrate Judges on an equal rotation basis, with the total number referred not exceeding the percentage established by the District Judges. 15 (2) When an action is referred to a Magistrate Judge pursuant to this Rule, the Clerk shall notify all parties who have appeared by sending a Notice of Assignment of Case to a Magistrate Judge for Trial. In accordance with Fed. R. Civ. P. 4 and 5, it shall be the responsibility of Plaintiffs to immediately serve a copy of this Notice on those parties named as Defendants but who have not appeared.

(3) Prior to formal reference under sub-paragraph (4) of this Rule, any party to a referred action may obtain reassignment to a District Judge by sending the Clerk a Request for Reassignment to a United States District Judge for Trial and Disposition. The Clerk shall keep such requests confidential, and the identity of any party seeking reassignment shall not be revealed to either the District Judge or the Magistrate Judge. All parties are free to obtain reassignment in accordance with this sub-paragraph without the imposition of any adverse consequences. (4) Should all parties in a referred action agree to authorize a Magistrate Judge to exercise consent jurisdiction, they shall execute and file a joint form of consent that complies with the requirements of the Consent to Exercise of Jurisdiction by a United States Magistrate Judge (Appendix of Forms).

Upon the filing of this form, the action shall be referred to the appropriate District Judge for the entry of a formal reference, signifying his or her final approval of the reference. (5) If the parties do not execute and file a joint consent form prior to the deadline established by the Magistrate Judge, the Clerk will reassign the action to a District Judge. (6) In his or her discretion, the Magistrate Judge to whom any action is referred may order reassignment sua sponte. If, during the pendency of an action referred to a Magistrate Judge pursuant to this Rule, it is discovered that all parties have not executed a consent form and, further, that all parties have not agreed to consent jurisdiction, the action shall be reassigned.

(d) Appeals. In actions referred to the Magistrate Judges, they shall conduct all further proceedings, including a jury or non-jury trial, and shall order the entry of a final judgment in accordance with 28 U.S.C. § 636(c). Any appeal of a judgment entered by a Magistrate Judge in consent actions shall be taken directly to the Eleventh Circuit Court of Appeals as required by 28 U.S.C. § 636(c)(3). 16 VI.

DISTRICT COURT AND CLERK

General L.R. 77. Place of Trial and Other Proceedings As prescribed by 28 U.S.C. § 81, the Southern District of Alabama has two Divisions. (a) Northern Division. The Northern Division is comprised of the counties of Dallas, Hale, Marengo, Perry, and Wilcox.

Court for the Northern Division shall be held in Selma when ordered by the Court in a particular case. (b) Southern Division. The Southern Division is comprised of the counties of Baldwin, Choctaw, Clarke, Conecuh, Escambia, Mobile, Monroe, and Washington. Court for the Southern Division shall be held in Mobile unless otherwise ordered by the Court in a particular case.

General L.R. 79. Custody of Files and Exhibits (a) Clerk’s Custody. In general, documents or physical items belonging to the Court’s paper or electronic files remain in the Clerk’s custody throughout a judicial proceeding. (b) Viewing and Copying Court Files.

(1) Paper Files. The public may view files and documents in the Clerk’s Office in Mobile, Alabama, between 8:00 a.m. and 4:30 p.m. on days when the Courthouse is open for business. Upon request, the Clerk will copy public documents for a fee as allowed by 28 U.S.C. § 1914. (2) Electronic Files.

Access to the electronic docket and documents filed in the Electronic Case Filing System is available to the public at no charge at the Clerk’s Office in Mobile, Alabama, between 8:00 a.m. and 4:30 p.m. on days when the Courthouse is open for business. Fees to print a paper copy of an electronic filing and to obtain a certified copy of an electronically filed document are allowed by 28 U.S.C. § 1914. (3) Payment for Copies. Payment must be made in cash, by credit card, check, or money order payable to “Clerk, U. S. District Court.” Fees apply to copying services for the United States if the record or paper requested can be electronically accessed.

The Clerk cannot make change for cash payments. (c) Inspecting Physical Evidence. No one may inspect physical evidence in the Clerk's custody (including without limitation photographic negatives, tape recordings, contraband such as drugs and narcotics, firearms, ammunition, 17 currency, negotiable instruments, computer disks or tapes, and other items designated by a Judge) except while in the presence and under the control of the Clerk. The Clerk may limit or preclude access and copying in order to preserve evidence.

(d) Temporary Withdrawal of Paper Court Files, Exhibits, and Documents. Paper Court files, exhibits, documents, and transcripts may not be taken from the Clerk’s Office or custody without a written order of the assigned Judge. To request permission to check out a Court file, exhibit, document, or transcript, a party must file a written motion. If the assigned Judge grants the motion, the party may have the Court file, exhibit, document, or transcript upon delivery of a receipt for the same to the Clerk.

The party must return the Court file, exhibit, document, or transcript within seven (7) days (unless the Judge by order sets a different time), in the same condition and order in which it was received. (e) Permanent Withdrawal of Files and Documents. Upon a showing of good cause, the Court may order an item in a file to be permanently withdrawn. The Clerk may require a party requesting withdrawal to provide a copy of the item for certification and a receipt for the original.

The certified copy and receipt are filed in lieu of the original, and the party receiving the original must pay the Clerk any costs. (f) Withdrawal, Retention, and Destruction of Trial Exhibits and Discovery Material at Case Conclusion. (1) Withdrawal. Within fourteen (14) days after a trial is concluded (whether by verdict, mistrial, settlement, or otherwise), the offering party must withdraw all exhibits in the Clerk’s custody and give the Clerk a receipt for the exhibits.

The Clerk shall ensure that all exhibits of a sensitive nature (e.g., controlled substances, cash, counterfeit currency, precious stones and metals, weapons, ammunition, volatile, poisonous and hazardous substances, and all other exhibits which require special handling) are withdrawn by the offering party or investigating agency within the time set forth above. Within fourteen (14) days after a case is concluded (whether by judgment, order of dismissal, or otherwise), the offering party must withdraw all discovery material in the Clerk’s custody and give the Clerk a receipt for such material. (2) Destruction. Exhibits and discovery material filed with the Clerk and not withdrawn within sixty (60) days after a case is concluded may be disposed of by the Clerk.

18 (3) Duty to Retain Exhibits and Discovery Material. A party must: (A) A party must retain exhibits and discovery material withdrawn from the Clerk’s custody for at least one (1) year after the judgment is final; (B) Preserve the retained exhibits and discovery material in the same condition as when withdrawn; (C) If an opposing party requests the exhibits or discovery material, make them available for examination and use at reasonable times and places; (D) Upon request, promptly return the exhibits and discovery material to the Clerk; and (E) In the event of an appeal, post-trial motion or post-judgment motion, it shall be the duty of the party, investigating agency or attorney to whom such exhibits and discovery material have been delivered to produce same as may be required for such appellate process or other further proceedings in the Court. In criminal cases, it shall also be the responsibility of the investigating agency or the United States Attorney to document the chain of custody for each returned exhibit for the period the exhibit was not in judicial custody. (4) Sanctions.

Sanctions may be awarded for the failure to abide by General Local Rule 79(f). Despite entry of judgment, the Court retains jurisdiction over the parties and attorneys for purposes of enforcing this Rule.

VII.

GENERAL PROVISIONS

General L.R. 83.1. Courthouse Decorum (a) Photographing, Broadcasting, and Recording. No one may take any interior photographs of, make any recordings in, or make any broadcasts from any courthouse without first obtaining permission from the Court. These prohibitions do not apply to ceremonial proceedings.

(b) Causing a Disturbance or Nuisance. Causing a disturbance or nuisance in any courthouse is prohibited. (c) Contempt. The United States Attorney may enforce these prohibitions by seeking an order that requires any person who violates General Local Rule 83.1 to appear before a Judge to answer to a charge of contempt.

19 (d) Enforcement. The Marshal or a custodian of the courthouse may enforce General Local Rule 83.1 by ejecting violators or by referring the matter to the United States Attorney. General L.R. 83.2. Appearing Before the Court Unless appearing pro se or through counsel under General Local Rule 83.3(f) or (g), all parties to proceedings in this Court must appear by an attorney admitted to practice in this Court.

Only natural persons may appear pro se. General L.R. 83.3. Admission to Practice (a) Bar of Court. The Bar of this Court consists of those persons previously admitted to (and not removed from) the Bar of this Court and of those persons who hereafter are admitted under this Rule.

(b) Procedure for Admission to Practice. Any attorney who is admitted to practice before the Supreme Court of Alabama may be admitted to the Bar of this Court upon the submission of an application, payment of the prescribed admission fee, and (1) The order of a District Judge of this Court (on oral or written motion by a member of the Bar of this Court or on the Court’s own motion), and the administering of the prescribed oath before any Judge (or other designee) of this Court; or (2) The filing of a Certificate of Good Standing from the Clerk of the United States District Court for the District in which the applicant resides or regularly practices law. (c) Renewed Application for Admission. Attorneys are required to renew their application for admission every five (5) years by submission of an application and payment of the prescribed fee.

(d) Admission Pro Hac Vice. (1) Any attorney who is not a member of the Bar of this Court but who is admitted to practice before any United States Court for the District in which such person resides or regularly practices law, or the highest Court of any State or the District of Columbia, may, upon motion and payment of the prescribed admission fee, be admitted pro hac vice by an order of any District Judge, Magistrate Judge, or Bankruptcy Judge of this Court. 20 (2) The attorney must attach to his/her motion a Certificate of Good Standing, dated within thirty (30) days of the application for admission, from (i) a Federal Court described in sub-paragraph (d)(1) or, if the attorney is not admitted to practice in such a court, (ii) the highest Court of the State (or District of Columbia) where the attorney resides or regularly practices law. (3) Any such attorney who appears as counsel by filing any pleading, document, or other paper in any case pending in this Court shall, contemporaneously with the filing of such papers, apply for admission pro hac vice as set out herein.

(e) Local Counsel. At any time, upon its own motion, the Court may require that a non-resident attorney obtain local counsel to assist in the conduct of the action. (f) Appearance on Behalf of the United States. Any attorney representing the United States or any agency thereof, having the authority of the government to appear as its counsel, may appear specially and be heard in any case in which the government or such agency is a party, without formal or general admission.

(g) Appearance by the Federal Public Defender. Any attorney employed by the Federal Defender Office of this District may appear specially and be heard in any action in which the Federal Defender has been appointed without formal or general admission. (h) Continuing Representation. Unless disbarred or suspended, attorneys shall be held at all times to represent the parties for whom they appear of record in the first instance until, after formal motion and notice to such parties and to opposing counsel, they are permitted by order of the Court to withdraw from such representation.

The Court may, however, permit withdrawal without formal motion and notice if other counsel has entered an appearance for the party. for Professional Conduct; Obligations. (i) Standards Attorneys appearing before this Court shall adhere to this Court’s Local Rules, the Alabama Rules of Professional Conduct, and the Alabama Standards for Imposing Lawyer Discipline. Attorney misconduct, whether or not occurring in the course of an attorney/client relationship, may be disciplined by disbarment, suspension, reprimand, monetary sanctions, removal from this Court's roster of attorneys eligible for practice before it, or such other sanction as the Court may deem appropriate. 21 General L.R. 83.4.

Attorney Discipline (a) Discipline. When alleged attorney misconduct is brought to the attention of the Court, whether by a Judge, any lawyer admitted to practice before the Court, any officer or employee of the Court, or otherwise, the Court may, in its discretion, dispose of the matter through the use of its inherent, statutory, or other powers; refer the matter to an appropriate State Bar agency for investigation and disposition; refer the matter to the Local Grievance Committee as hereinafter defined; or take any other action the Court deems appropriate. These procedures are not mutually exclusive. (b) Grievance Committee.

The Judges of this Court may appoint a standing Committee of not less than five (5) members of the Bar to address alleged attorney misconduct. A majority of the Committee shall constitute a quorum. (1) Purpose and Function. The purpose and function of such appointed Committee shall be to conduct, upon referral by the Court, investigations, inquiries, and hearings, where appropriate, of alleged misconduct of any member of the Bar of this Court; and to submit written findings and recommendations to the Court thereafter.

Members of a Grievance Committee, while serving in their official capacities, shall be considered to be representatives of and acting under the powers and immunities of the Court, and shall enjoy such immunities while acting in good faith in such capacity. (2) Powers of Committee. The Committee shall be vested with such powers as are necessary to conduct the proper and expeditious disposition of any matter referred by the Court, including the power to compel the attendance of witnesses, to take or cause to be taken the deposition of any witnesses, to secure the production of documentary evidence, and to administer oaths and those powers described elsewhere in these Rules. (c) Disciplinary Proceedings.

(1) Preliminary Investigation. Upon referral of a disciplinary matter, the Committee shall conduct a preliminary investigation to determine whether a formal disciplinary proceeding should be initiated. If no such finding is made, the Committee shall file with the Court its written recommendations for disposition of the matter, whether by dismissal, admonition, deferral, or any other action. In cases of dismissal, the attorney who is the subject of the investigation need not be notified of the proceeding.

All investigative reports, records, and recommendations generated by or on behalf of the Committee under such circumstances shall remain strictly confidential. Such reports, records, and recommendations shall be kept with the Clerk in a sealed 22 electronic file to be opened only upon written order of the Court and shall be destroyed five (5) years after final disposition of the matter. (2) Probable Cause, Show Cause Order. Upon a finding that probable cause exists, the Committee shall file with the Court a written report of its investigation, stating with specificity the facts supporting its conclusions, and shall apply to the Court for issuance of an order requiring the attorney to show cause within 30 days after service of that order why the attorney should not be disciplined.

The Court may, upon concurrence by a majority of its members, issue an appropriate show cause order. Such issued show cause order shall be accompanied by a copy of the Committee’s written report for service upon the attorney. Such written report shall otherwise remain confidential. (3) Rescission of Show Cause Order, Hearing.

The Committee shall act on the attorney’s response either by recommending the Court rescind its Order To Show Cause or by conducting a confidential hearing on the matter, affording the attorney an opportunity to be represented by counsel, to present witnesses and other evidence, and to confront and cross-examine witnesses in a proceeding guided by the spirit of the Federal Rules of Evidence. A record shall be made of all proceedings. Unless he or she asserts a privilege or right properly available under applicable Federal or State law, the attorney may be called as a witness by the Committee to make specific and complete disclosure of all matters material to the charge of misconduct. (4) Recommendations.

Upon completion of the proceeding, the Committee shall make its confidential written report and recommendation to the Court. The Committee shall include findings of fact as to the charges and recommendations regarding whether or not the accused attorney should be found guilty of misconduct justifying disciplinary actions by the Court, and recommendations as to the disciplinary measures to be applied by the Court. A record of the proceedings, which shall include an appropriate index, a transcript of the proceedings, all pleadings, and all evidentiary exhibits, shall accompany the report. A copy of the report and recommendation shall also be furnished to the attorney.

(5) Actions by Court. The Court, by majority vote of its Judges, shall take such further action as it deems appropriate. (d) Conviction of Crime. (1) Suspension.

Upon the filing with this Court of a certified copy of a judgment of conviction demonstrating an attorney has been convicted in a Court of competent jurisdiction of a felony or a misdemeanor involving moral 23 turpitude, the Court shall enter an order suspending the attorney, unless a majority of the Judges of the Court deem such a suspension contrary to the interests of justice. The suspension shall remain in effect until further order of the Court. (2) Proceedings. The Court may also institute such proceedings, to include Grievance Committee proceedings, to determine the extent of final discipline to be imposed upon the attorney, provided the final proceedings shall not occur until all appeals from the conviction are concluded.

(3) Reinstatement, Proceedings Then Pending. A suspension hereunder shall be terminated immediately upon the filing of a certificate demonstrating that the underlying conviction of a serious crime has been reversed. However, reinstatement shall not terminate any disciplinary proceedings then pending against the attorney, the disposition of which shall be determined by the Court utilizing the procedures herein. (e) Discipline Imposed by Other Courts.

(1) Notification to Clerk. An attorney admitted to practice before this Court shall, upon being suspended, disbarred, or subjected to any form of public discipline by any other Court, promptly inform the Clerk of Court of such action. This Court, acting by a majority of its Judges, may refer this matter to a Grievance Committee or issue its order to the attorney to show cause, within thirty (30) days, why he or she should not be disciplined by this Court. (2) Conclusiveness of Final Adjudication.

A final adjudication in another Court that an attorney has been guilty of misconduct shall establish conclusively the misconduct for purpose of a disciplinary proceeding in this Court, unless the attorney clearly demonstrates to the Court’s satisfaction that, upon the face of the record upon which the discipline in another jurisdiction is predicated: (A) The procedure in the other jurisdiction was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or (B) There was such infirmity of proof establishing misconduct as to give rise to the clear conviction that this Court could not, consistent with its duty, accept as final the conclusion on that subject. (3) Actions by Court. The Court, acting upon the attorney's response to the Show Cause Order or upon the report and recommendation of a Grievance 24 Committee, if appointed, may take such further disciplinary action, as a majority of the Judges deem appropriate under the circumstances. (f) Disbarment on Consent or Resignation in Other Courts.

(1) Notification to Clerk. Any attorney admitted to practice before the Court shall, upon being disbarred on consent or resigning from any other Bar while an investigation into allegations of misconduct is pending, promptly inform the Clerk of Court of such disbarment on consent or resignation. (2) Removal from Roll of Attorneys. An attorney admitted to practice before this Court who shall be disbarred on consent or resign from any other Bar while an investigation into allegations of misconduct is pending shall, upon filing with this Court of a certified copy of the judgment or order accepting such disbarment on consent or resignation, cease to be permitted to practice before this Court and be stricken from the roll of attorneys admitted to practice before this Court.

(g) Disbarment on Consent While Under Disciplinary Investigation or Prosecution, or Otherwise. (1) Consent. Any attorney who desires to consent to disbarment by this Court for any reason, to include those related to allegations of misconduct, may consent to disbarment, but only upon delivery of an affidavit to this Court in such form and content as may be required to satisfy the Court that the consent to disbarment is: (A) Freely and voluntarily rendered without coercion or duress and that the attorney is fully aware of the implications of so consenting; and (B) For reasons recited within the affidavit, which the attorney acknowledges are true and form the basis for disbarment. (2) Entry of Order of Disbarment.

Upon receipt of the required affidavit, this Court shall enter its order of disbarment. However, the affidavit required pursuant to the provisions of this Rule shall not be publicly disclosed or made available for use in any other proceeding except upon order of this Court. (h) Incompetence or Incapacity. (1) When it appears that an attorney, for whatever reason, is failing to perform at an adequate level of competence necessary to protect his/her client's interests, the Court shall be empowered to take such remedial action 25 as it deems appropriate to insure the attorney's maintenance of an adequate level of competency, to include, but not be restricted to: (A) Appropriate referral of the affected attorney to such entities or parties as may assist the attorney in achieving necessary levels of competency; (B) Limiting or restricting the attorney's practice before the Court; or (C) Suspension from practice until compliance with competency levels is insured.

(2) Action by the Court relating to matters of attorney competency shall be taken by a majority vote of the Judges thereof after consideration of such response from the attorney, as the Court may deem appropriate. (i) Reinstatement. (1) After Disbarment or Suspension. An attorney suspended for three (3) months or less shall be automatically reinstated at the end of the period of suspension upon the filing with this Court of an affidavit of compliance with the provisions of the order.

An attorney suspended for more than three (3) months, or disbarred, may not resume the practice of law before this Court until reinstated by order of the Court. (2) Time of Application Following Disbarment. An attorney who has been disbarred after hearing or consent may not apply for reinstatement until the expiration of at least five (5) years from the effective date of disbarment. (3) Hearing on Application.

Petitions for reinstatement by a disbarred or suspended attorney under this Rule shall be filed with the Chief Judge of this Court. The Chief Judge may submit the petition to the Court or may, in his/her discretion, refer the petition to the Grievance Committee which shall, within thirty (30) days of the referral, schedule a hearing at which the petitioner shall have the burden of establishing 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 his/her resumption of the practice of law will not be detrimental to the integrity and standing of the Bar or the administration of justice, or subversive of the public interest. Upon completion of the hearing, the Committee shall make a full report to the Court. The Committee shall include its findings of fact as to the petitioner's fitness to resume the practice of law and its recommendations as to whether or not the petitioner should be reinstated.

26 (4) Conditions of Reinstatement. If, after consideration of the Committee's report and recommendation, the Court finds that the petitioner is unfit to resume the practice of law, the petition shall be dismissed. If, after consideration of the Committee's report and recommendation, the Court finds that the petitioner is fit to resume the practice of law, the Court shall reinstate the petitioner, provided that the judgment may make reinstatement conditional upon the payment of all or part of the costs of the proceedings, and on the making of partial or complete restitution to all parties harmed by the conduct that led to the suspension or disbarment. Provided further, that if the petitioner has been suspended or disbarred for five (5) years or more, reinstatement may be conditioned, in the discretion of the Court, upon the furnishing of proof of competency and learning in the law, which proof may include certification by the Bar Examiners of a state or other jurisdiction of the attorney's successful completion of an examination for admission to practice subsequent to the date of suspension or disbarment.

Provided further, that reinstatement may be subject to any conditions that the Court in its discretion deems appropriate. (5) Successive Petitions. No petition for reinstatement under this Rule shall be filed within one (1) year following an adverse judgment upon a petition for reinstatement filed by or on behalf of the same person. (6) Deposit for Costs of Proceedings.

Petitions for reinstatement under this Rule shall be accompanied by a deposit in an amount to be set from time to time by the Court, in consultation with the Grievance Committee, to cover anticipated costs of the reinstatement proceeding. (7) Oath and Fee Upon Reinstatement. Any attorney disbarred or suspended from practice in this Court and subsequently readmitted shall take the oath, pay the fee then prescribed, and sign the roll of attorneys for this District. (j) Attorneys Specially Admitted Subject to Discipline.

Whenever an attorney applies to be admitted or is admitted to this Court for purposes of a particular proceeding (pro hac vice), the attorney shall be deemed thereby to have conferred disciplinary jurisdiction upon this Court for any alleged misconduct arising in the course of, or in the preparation for, such a proceeding which is a violation of this Court's Local Rules and/or the Rules of Professional Conduct adopted by this Court as provided in these Rules. (k) Appointment of Counsel. Whenever, at the direction of the Court or upon request of the Grievance Committee, counsel is to be appointed pursuant to these Rules to investigate or assist in the investigation of misconduct, to prosecute or assist in the prosecution of disciplinary proceedings, or to assist in 27 the disposition of a reinstatement petition filed by a disciplined attorney, this Court, by a majority vote of its active Judges, may appoint as counsel any active member of the Bar of this Court, or may, in its discretion, appoint the disciplinary agency of the highest Court of the state wherein the Court sits, or other disciplinary agency having jurisdiction. (l) Service of Paper and Other Notices.

Service of an Order to Show Cause instituting a formal disciplinary proceeding shall be made by personal service or by registered or certified mail addressed to the affected attorney at the address shown on the roll of attorneys admitted to practice before this Court. Service of any other papers or notices required by these Rules shall be deemed to have been made if such paper or notice is addressed to the attorney at the address shown on the roll of attorneys admitted to practice before this Court; or to counsel or the respondent's attorney at the address indicated in the most recent pleading, document, or other paper filed by them in the course of any proceeding. (m) Duties of the Clerk. (1) Upon being informed that an attorney admitted to practice before this Court has been convicted of any crime, the Clerk shall determine whether the Court in which such conviction occurred has forwarded a certificate of such conviction to this Court.

If a certificate has not been so forwarded, the Clerk shall promptly obtain a certificate and file it with this Court. (2) Upon being informed that an attorney admitted 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 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. (3) Whenever it appears that any person, who has been convicted of any crime, or disbarred, suspended, censured, or disbarred on consent by this Court, is admitted to practice law in any other jurisdiction or before any other Court, the Clerk shall, within fourteen (14) days of that conviction, disbarment, suspension, censure, or disbarment on consent, transmit to the disciplinary authority in such other jurisdiction, or for such other Court, a certificate of the conviction or a certified or exemplified copy of the judgment or order of disbarment, suspension, censure, or disbarment on consent, as well as the last known office and residence addresses of the disciplined attorney. (4) The Clerk shall, likewise, promptly notify the National Lawyer Regulatory Data Bank operated by the American Bar Association of any order 28 imposing public discipline on any attorney admitted to practice before this Court.

(n) Retained Powers. Nothing contained in this Rule shall be construed to deny the Court its inherent power to maintain control over the proceedings conducted before it or to deny the Court those powers derived from statute, rules of procedure, or other rules of court. (o) Sanctions. The Court may impose appropriate sanctions on any party or attorney who fails to comply with a Local Rule.

The Local Rules are intended to be enforced primarily upon the Court’s own initiative. A party should not file a motion seeking sanctions for alleged non-compliance with a Local Rule unless the alleged violation is egregious or unfairly prejudicial. General L.R. 83.5. Persons Proceeding Without Counsel (a) All persons proceeding pro se shall be bound by, and must comply with, all Local Rules of this Court, as well as the Federal Rules of Civil and Criminal Procedure, unless excused by Court order.

(b) Any person proceeding pro se must, at all times during the pendency of the action to which he or she is a party, keep the Clerk informed of his or her current address and telephone number. A pro se party must promptly notify the Clerk of any change of address or telephone number. Failure to comply with this Rule may result in sanction, including dismissal of a pro se plaintiff’s action or entry of judgment against a pro se defendant. General L.R. 84.

Forms The forms in the Appendix suffice under these Local Rules and illustrate the information that the Court deems necessary in those situations applicable to each form. When required by these Local Rules, the prescribed form must be utilized. General L.R. 86. Effective Date These General, Civil, and Criminal Local Rules are effective as of August 1, 2015 and, subject to General Local Rule 1(d), apply to all actions pending on that date.

General L.R. 87. Reference of Bankruptcy Matters Pursuant to Title 28, United States Code, Section 157(a) and the General Order of reference entered July 10, 1984, all cases arising under Title 11 of the United States Code, and proceedings arising in or related to cases under Title 11, United 29 States Code, have been referred to the Bankruptcy Judges of this District and shall be commenced in the Bankruptcy Court pursuant to the Local Bankruptcy Rules.

PART B: CIVIL RULES I. SCOPE OF RULES