S.D. Ga. — Local Rules, ECF & Standing Orders

1 Local Rules For Civil Actions

1.1 Precedence of the Federal Rules of Civil Procedure. In cases of conflict between these Local

2 Civil Actions

2.1 Six Divisions. The Southern District of Georgia consists of six divisions as prescribed in Title 28,

2.2 Division Filings. Although all paper filings in civil and criminal cases should ordinarily be filed in

2.3 Transfer of Civil Cases. By Order of the Court, any civil action may be transferred for trial to any

2.4 Assignment. The official duty stations of the three active Judges of this Court are as follows: One

3 Filing Action

3.1 Refiled or Related Cases. Whenever an action or proceeding terminated by entry of a notice or

4 Complaint--Service And Filing

4.1 Filing

4.2 Effect of In Forma Pauperis Petition. Where the plaintiff files a complaint and an In Forma

4.3 Service of Process. It shall be the responsibility of the plaintiff or plaintiff's attorney to effectuate

4.4 Marshal Service. Personal service of process shall be made by the United States Marshal only in

4.5 Personal Service of In Forma Pauperis Proceedings and Proceedings Brought by a Seaman

5 Service And Filing Of Pleadings And Other Papers

5.1 Certification of Service. Each paper served other than by a United States Marshal shall include a

5.2 Copies Prohibited. Where conventional (paper) filing is allowed or required, only the original

5.3 Flat Filing. To facilitate computer scanning of papers submitted for filing and to insure that the

5.4 Paper Size. All pleadings and papers presented to the Clerk or Judge for filing shall be on paper

5.5 Electronic Filing. Documents should be filed, signed, and verified by electronic means to the extent

6 Time

6.1 Extension by Clerk. In civil cases, the Clerk of the Court is authorized and directed to grant, sign,

7 Motions

7.1 Disclosure Statement

7.1.1 Disclosure Statement. The disclosure statement required by Federal Rule of Civil Procedure 7.1

7.2 Hearings. Motions shall generally be determined upon the motion and supporting documents filed as

7.3 Orders Made Orally In Court. Unless the Court directs otherwise, all orders including findings of

7.4 Time for Filing Civil Motions. Except as otherwise provided in these Local Rules, including but

7.5 Response to Motion. Unless these rules or the assigned Judge prescribes otherwise, each party

7.6 Reply Briefs. A party intending to file a reply brief shall immediately so notify the Clerk and shall

7.7 Emergency Motions. Upon written motion and for good cause shown, the Court may waive the

8 See Federal Rule of Civil Procedure 8

9 Special Pleadings

9.1 Special Pleadings. All pleadings, including those in removed and transferred actions, which allege

10 Form Of Pleadings

10.1 Pleadings. All pleadings, notices, orders, and other papers in all cases shall, when offered for

11 Signing Of Pleadings And Release Of Information

11.1 Counsel Identification. Every pleading, motion, or other paper presented for filing shall, pursuant

11.2 Release of Information by Attorneys in Civil Cases. It is the duty of every lawyer or law firm

11.3 Pro Se Filings. A party represented by counsel may not file any motion, brief, or other paper pro

12 Answer

12.1 Social Security Act. In all actions brought under section 205(g) of the Social Security Act, 42

13 and 14. See Federal Rules of Civil Procedure 13 and 14

15 See Local Rule 16.3

16 Scheduling

16.1 Scheduling Orders

16.2 Status Conference. The assigned Judge may at any time direct counsel to appear and confer

16.3 Time for Filing Motions to Amend or to Join Other Parties. All motions in civil cases wherein

16.4.1 Pretrial Order. Unless the assigned Judge prescribes otherwise, the parties shall submit a

16.4.2 Objections to Depositions. The specific portions of depositions that are expected to be used by

16.5 Pretrial Conference. A civil case may be scheduled for pretrial conference any time after the

16.6 Dismissal. Failure of a party or counsel to comply with the requirements of the assigned Judge

16.7 Alternative Dispute Resolution and Case Management Procedures

17 Infants And Incompetents

17.1 Minors, Wards, and Incompetents

18 See Federal Rule of Civil Procedure 18

19 through 22. See Local Rule 16.3

23 Class Actions

23.1 The Complaint. In any case sought to be maintained as a class action, the complaint shall include

23.2 Certification. Within ninety (90) days after the filing of a complaint in a class action, unless this

23.3 Counterclaim. The provisions of this rule shall apply, with appropriate construction, to any

24 and 25. See Federal Rules of Civil Procedure 24 and 25

26 Discovery

26.1 Time Limitations. Discovery shall proceed as follows:

26.2 Extensions of Time. Except for good cause shown, no extension of time for discovery shall be

26.3 Discovery Motions. Unless otherwise ordered by the assigned Judge, all discovery motions in

26.4 Preservation and Filing of Discovery Materials in Civil Cases

26.5 Discovery Motions and Objections. Discovery motions in accordance with Rules 26, 33, 34, 36,

27 through 38 (excluding LR32 and LR36). See corresponding Federal Rules of

32 Using Depositions In Court Proceedings

32.1 Minuscript Depositions. Absent an objection for good cause, a party may file a "minuscript"

36 Requests for Admission. Requests for admission shall not exceed 25 in number, including all

39 Jury Trial

39.1 Presence of Counsel During Trials. In all jury cases, it shall be the duty of counsel to be present

40 Trials And Hearings

40.1 Continuances. A continuance of any trial, pretrial conference, or other hearing will be granted

40.2 Absence of Witnesses. Motions for continuance on account of the absence of any witness must

40.3 Civil Calendars. Cases shall be placed upon the civil trial calendars of this Court after the

41 Dismissal Of Action

41.1 For Want of Prosecution. In the following instances and in other instances provided by law or

41.2 By the Clerk. In civil cases, the Clerk of Court is authorized and directed to grant, sign, and enter

42 through 46. See Federal Rules of Civil Procedure 42 through 46

47 Jurors -- Selection

47.1 Selection and Qualification. Prospective jurors shall be selected and qualified and jury panels

48 Number Of Jurors

48.1 Juries--Jury Trials. All civil actions shall be tried to a jury of six members and challenges shall be

49 through 50. See Federal Rules of Civil Procedure 49 through 50

51 Jury Instructions

51.1 Requests to Charge. Requests to charge upon all issues in the case shall be prepared by counsel

52 See Federal Rule of Civil Procedure 52

53 Special Master

53.1 Special Master References

54 Costs

54.1 Time Limit. A bill of costs must be filed by the prevailing party within thirty (30) days after the

54.2 Attorney's Fees. If a final judgment, including a judgment made final under Federal Rule of Civil

55 See Federal Rule of Civil Procedure 55

56 Summary Judgment

56.1 Motions for Summary Judgment. Upon any motion for summary judgment pursuant to Rule 56

57 See Federal Rule of Civil Procedure 57

58 Judgment -- Remittitur

58.1 Civil Cases. Upon receipt of a remittitur from the appellate court in civil cases, when the judgment

58.2 Making Remittitur Judgment of this Court. Upon receipt of a remittitur from the appellate court

59 through 66. See Federal Rules of Civil Procedure 59 through 66

67 Registry Of The Court

67.1 Deposit and Disbursement Funds. All orders concerning the deposit of money into this Court or

67.2 Registry. All funds in excess of $500.00 tendered to the Clerk of this Court for deposit into the

67.3 Orders for Deposit of Funds into the Registry. Any order obtained by a party or parties in a

68 through 71. See Federal Rules of Civil Procedure 68 through 71

72 Magistrate Judges

72.1 Duties Under 28 U.S.C. § 636(a). Each full‑time United States Magistrate Judge is authorizedot

72.2 Nondispositive Pretrial Matters. In accordance with 28 U.S.C. § 636(b)(1)(A), a Magistrate

72.3 Dispositive Pretrial Matters and Prisoner Cases

72.4 Other Duties of Magistrate Judges. A Magistrate Judge is also authorized to:

72.5 Assignment of Duties to Magistrate Judges

73 Trial Of Civil Cases By Magistrate Judges

73.1 Consent of parties. Pursuant to 28 U.S.C. § 636(c)(1), all full-time Magistrate Judges now or

73.2 Clerk to Advise Parties. Using the Notice of Alternative Dispute Resolution and Case

73.3 Time for and Scope of Consent

73.4 Appeal from Judgment. Appeals from a judgment entered by a Magistrate Judge shall be to the

73.5 Withholding Consent. If any party withholds its consent to the exercise of jurisdiction by a

73.6 Order of Reference

73.7 Additional Parties. If, after an order of reference has been made pursuant to subsection LR 73.6 of

73.8 Forms for Consent. Specimens of the forms to be used to comply with the provisions of this rule

74 Appeal To District Judge

74.1 Records on Appeal. The record on appeal (from a decision of the Bankruptcy Court or the

75 and 76. See Federal Rules of Civil Procedure 75 and 76

77 Obtaining Orders

77.1 Proper Notice to Adversary. Except in emergency situations where it is impossible to contact

77.2 Judge to Whom Request Submitted. An attorney seeking a court order in a case already pending

77.3 Filing of Orders. Attorneys obtaining any order in chambers from a District Judge or Magistrate

77.4 Notice. In civil cases, the Clerk shall prepare and file a certificate reflecting the mailing of all

78 See Federal Rule of Civil Procedure 78

79 Records And Documents

79.1 Removal of Original Papers. Original papers in custody of the Clerk shall not be removed by

79.2 Conditions of Removal. When papers are removed, they will not be permitted to be taken from

79.3 Original Transcripts. The original transcript of testimony and any record of proceedings filed with

79.4 Exhibits and Documents. All exhibits received or offered into evidence at any trial or hearing

79.5 Closed Files. All closed files of the Court may be forwarded to the federal records center serving

79.6 Civil Case Reports. On the first day of each month, the Clerk shall make a written report to the

79.7 Sealed Documents

80 through 82. See Federal Rules of Civil Procedure 80 through 82

83 Attorneys, Court Facilities, And Business Attorneys -- General

83.1 Roll of Attorneys. The bar of this Court shall consist of those persons heretofore admitted to

83.2 Eligibility. Any attorney who is a member in good standing of the State Bar of Georgia is eligible

83.3 Procedure for Admission

83.4 Permission to Practice in a Particular Case

83.5 Disbarment and Discipline

83.6 Appearance by an Attorney

83.7 Withdrawal as Attorney of Record. Attorneys representing parties in any case, desiring to have

83.8 Relations with Jury. All attempts to curry favor with juries by fawning, flattery, or pretending

83.9 Leaves of Absence. An application by an attorney for a leave of absence shall be in writing,

83.10 Disciplinary Actions. In any disbarment or disciplinary action brought against any member of

83.11 Indigent Representation -- Statement of Policy. The historic and present obligation of the bar

83.12 Examination of Witnesses and Argument

83.13 Objections to Questions

83.14 Decorum

83.15 The Witness

83.16 Court Hours and Promptness

83.17 Doctors and other Professional Witnesses -- Out of Sequence. The Court attempts to

83.18 Exhibits

83.19 Difficult Questions -- Advance Notice. If you have reason to anticipate that any question of

83.20 Depositions -- Filing and Use during Trial

83.21 Use of Answers to Interrogatories and Requests for Admission. Where there has been

83.22 Opening Statements. Confine your opening statements to what you expect the evidence to show

83.23 Prohibited and Permitted Conduct. The taking of photographs and operating of tape recorders

83.24 shall not include the office area of any elected official within any United States courthouse, nor

83.25 Exceptional Situations. At the request of the United States Marshal or the United States

83.26 Purpose and Excluded Areas. It is the purpose of Local Rule LR 83.23 to preserve and protect

83.27 Security. When magnetometers are deemed necessary by a Judge of this district and placed into

83.28 Release of Information by Courthouse Personnel. All courthouse supporting personnel,

83.29 Judicial Proceedings--Special Cases. In a widely publicized or sensational criminal case, the

83.30 Only For Court Business. The various courtrooms of the United States District Court are solely

83.31 No Weapons Allowed. No persons including law enforcement officers, except the United States

83.32 Transcripts. All orders to an official court reporter for the transcription of the record or any

83.33 Compensation. The compensation of an official court reporter shall be as established by order