UNITED STATES DISTRICT COURT
FOR THE
EASTERN AND WESTERN DISTRICTS OF KENTUCKY
JOINT GENERAL ORDER No. 2023-02
IN RE: AMENDMENTS TO JOINT LOCAL RULES
* * * * *
Pursuant to LR 83.14 and LCrR 57.7 of the Joint Local Rules of the Eastern and Western
Districts of Kentucky, and pursuant to the authority granted by Rule 83 of the Federal Rules of
Civil Procedure and Rule 57 of the Federal Rules of Criminal Procedure, upon recommendation
of the Joint Local Rules Commission, and in the absence of any comments after Notice, the
Judges of the Eastern and Western Districts hereby ORDER that the following amendments be
made to the Joint Local Rules:
A. LR 83.2 Permission to Practice in a Particular Case - is amended to delete the
asterisk and note as redundant with subjection (b) of the local rule.
B. LR 83.6 Substitution or Withdrawal of Attorney of Record - is amended as
follows in order to modernize and clarify the local rule:
LR83.6 Substitution or Withdrawal of Attorney of Record
Absent leave granted by the Court upon a motion showing compelling circumstances supporting
leave to withdraw, an attorney of record is not permitted to withdraw within twenty-one (21) days
of trial or a hearing on any motion for judgment or dismissal. At any other time, an attorney of
record may withdraw from a case only under the following circumstances:
(a) By Motion. The attorney files a motion, certifies the motion was served on the client,
makes a showing of good cause, and the Court consents to the withdrawal on whatever
terms the Court chooses to impose. If the withdrawal will leave the client unrepresented,
the motion must include the client' s current email address, mailing address, and telephone
number.
(b) By Notice of Withdrawal. An attorney of record may withdraw from a case by filing a
notice of withdrawal stating that the client has been notified of the withdrawal, if:
(1) multiple attorneys are attorneys of record for the client; and
(2) at least one of those attorneys will remain attorney of record after the
attorney seeking to withdraw does so.
(c) By Notice of Substitution. In cases where an attorney seeks to be substituted for another
as attorney of record, and both attorneys are within the same governmental department or
agency, federal public defender office, or private law firm, a notice of substitution may be
filed. The notice must be filed by the withdrawing attorney and the substitute attorney with
an affirmative representation stating that the substitution is made with the client's consent.
(d) By Notice of Change of Law Firm Affiliation. When an attorney changes his or her law
firm or other legal professional affiliation, but will remain as a client's attorney of record,
the attorney must file a notice of such change in law firm affiliation and provide complete
updated contact information. It remains the responsibility of each attorney to maintain a
current email and mailing address through their PACER account.
C. LR 83.9 Courtroom Decorum - Subsection (e) is amended as follows in order to
clarify the local rule:
(e) Remote Participation. No person remotely participating in any court proceeding
may record or cause to be recorded any such proceeding.
D. LCrR 50.1 Reassignment of Criminal Cases - is amended as follows in order to
reflect existing practice consistent with the inherent power of the Court, and for
consistency with the Local Civil Rule:
LCrR 50.1 Assignment of Cases Among Judges and Calendaring
(a) Assignment of Cases Among Judges. Cases are assigned among the various judges
within a district in a manner established by the Court's General Order.. Unless otherwise
ordered, cases are calendared for trial or other appropriate proceedings by the assigned
judge.
(b) Reassignment of Cases. Any judge within the district is authorized to reassign a case to
another judge within the district willing to accept the assignment.
(c) Judge Not Available. If it appears that any matter demands immediate attention and the
judge to whom the case has been assigned is not or will not be available, the Clerk - upon
request - must determine if another judge is available who will consent to hear the
matter.
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E. LCrR 53.1 Courtroom Decorum - Subsection (e) will be amended as follows in
order to clarify the local rule:
(e) Remote Participation. No person remotely participating in any court proceeding
may record or cause to be recorded any such proceeding.
F. LCrR 57.2 Permission to Practice in a Particular Case - is amended to delete
the asterisk and note as redundant with subjection (b) of the local rule.
G. LCrR 57.6 Substitution or Withdrawal of Attorney of Record - is amended as
follows in order to reflect existing practice consistent with the inherent power of
the Court, and for consistency with the Local Civil Rule:
LCrR 57.6 Substitution or Withdrawal of Attorney of Record
Absent leave granted by the Court upon a motion showing compelling circumstances supporting
leave to withdraw, an attorney of record is not permitted to withdraw within twenty-one (21) days
of trial or an evidentiary hearing. At any other time, an attorney of record may withdraw from a
case only under the following circumstances:
(a) By Motion. The attorney files a motion, certifies the motion was served on the client,
makes a showing of good cause, and the Court consents to the withdrawal on whatever
terms the Court chooses to impose. If the withdrawal will leave the client unrepresented,
the motion must include the client' s current email address, mailing address, and telephone
number. -
(b) By Notice of Withdrawal. An attorney of record may withdraw from a case by filing a
notice of withdrawal stating that the client has been notified of the withdrawal, if:
(1) multiple attorneys are attorneys of record for the client; and
(2) at least one of those attorneys will remain attorney of record after the
attorney seeking to withdraw does so.
(c) By Notice of Substitution. In cases where an attorney seeks to be substituted for another
as attorney of record, and both attorneys are within the same governmental department or
agency, federal public defender office, or private law firm, a notice of substitution may be
filed . The notice must be filed by the withdrawing attorney and the substitute attorney with
an affirmative representation stating that the substitution ·is made with the client' s consent.
(d) By Notice of Change of Law Firm Affiliation. When an attorney changes his or her law
firm or other legal professional affiliation, but will remain as a client's attorney ofrecord,
the attorney must file a notice of such change in law firm affiliation and provide complete
updated contact information . It remains the responsibility of each attorney to maintain a
current email and mailing address through their PACER account.
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The amendments reflected in this Joint General Order shall be incorporated into the
Courts ' Joint Local Rules published on the Courts ' respective websites. Copies of this Order
shall be made available to the public on the Courts' respective websites and made available to
the various publishing companies that publish the Joint Local Rules of the Eastern and Western
Districts of Kentucky. The amendments noted in this Order shall take effect upon entry of this
Order.
IT IS SO ORDERED:
Greg N. Stivers, Chief judge
United St ates District Court
Ho . D ny C. -s Hon. Greg N. Stivers
Chief Judge, United Stat"""""'.,.~.rict Chief Judge, United States District
Court, Eastern District of Kentucky Court, Western District of Kentucky
!J~,l/ :~ 7, zo-23
ENTERED
JAMES J. VILT JR., CLERK
7/7/2023
U.S. DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
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