LOCAL RULES OF
THE
UNITED STATES DISTRICT COURT FOR
THE
MIDDLE DISTRICT OF LOUISIANA
EFFECTIVE AUGUST 18, 2022
LOCAL RULES OF THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF LOUISIANA
EFFECTIVE AUGUST 18, 2022
LOCAL CIVIL RULE 3 - COMMENCEMENT OF ACTION .................................................................................................. 1
(A) COLLATERAL PROCEEDINGS AND REFILED CASES................................................................................................................. 1
(B) ASSIGNMENT OF COLLATERAL PROCEEDINGS AND REFILED CASES .......................................................................................... 1
LOCAL CIVIL RULE 4 – SUMMONS .............................................................................................................................. 1
LOCAL CIVIL RULE 5 - SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS ....................................................... 1
(A) FILING BY ELECTRONIC MEANS ....................................................................................................................................... 1
(B) FILING OF EXTRAORDINARY PLEADINGS ............................................................................................................................ 2
(C) ADVANCE PAYMENT REQUIRED ...................................................................................................................................... 2
(D) FILING BY UNREPRESENTED PRISONERS, SUBJECT TO ELECTRONIC FILING, REGARDING CIVIL RIGHTS AND HABEAS CORPUS CASES ..... 2
(E) CERTIFICATE OF SERVICE ............................................................................................................................................. 3
(F) SERVICE BY ELECTRONIC MEANS ................................................................................................................................... 3
LOCAL CIVIL RULE 5.2 – PROTECTION OF PERSONAL AND SENSITIVE INFORMATION; PUBLIC ACCESS TO COURT
FILES; REDACTED INFORMATION; SEALED INFORMATION ....................................................................................... 4
(A) IN GENERAL ................................................................................................................................................................ 4
(B) REMOTE ACCESS .......................................................................................................................................................... 4
(C) REDACTED FILINGS ....................................................................................................................................................... 4
LOCAL CIVIL RULE 7 - PLEADINGS ALLOWED; FORM OF MOTIONS ........................................................................... 4
(A) EXTENSION OF TIME TO PLEAD ....................................................................................................................................... 4
(B) SUBMISSION OF MOTIONS ............................................................................................................................................. 5
(C) SUBMISSION OF EX PARTE OR CONSENT MOTIONS. ............................................................................................................ 5
(D) MOTIONS MUST BE ACCOMPANIED BY MEMORANDUM ..................................................................................................... 5
(E) MOTIONS NOT REQUIRING MEMORANDUM ..................................................................................................................... 5
(F) RESPONSE AND MEMORANDUM ..................................................................................................................................... 6
(G) MEMORANDA ............................................................................................................................................................. 6
(H) MANDATORY MEET AND CONFER PRIOR TO FILING MOTIONS IN LIMINE ................................................................................ 6
LOCAL CIVIL RULE 7.1 – CERTIFICATE OF INTERESTED PERSONS ................................................................................. 7
LOCAL CIVIL RULE 9 - PLEADING SPECIAL MATTERS .................................................................................................. 7
(A) THREE-JUDGE CASES .................................................................................................................................................... 7
(B) SOCIAL SECURITY CASES ................................................................................................................................................ 7
LOCAL CIVIL RULE 10 - FORM OF PLEADINGS ............................................................................................................ 8
(A) FORM: STATEMENT REGARDING FILING OF DOCUMENTS ................................................................................................ 8
(B) CONSOLIDATED CASES ................................................................................................................................................ 9
(C) CONSTITUTIONAL QUESTIONS......................................................................................................................................... 9
LOCAL CIVIL RULE 11 - SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS; REPRESENTATIONS TO
COURT; SANCTIONS ................................................................................................................................................. 10
(A) SIGNING OF PLEADINGS, MOTIONS AND OTHER PAPERS .................................................................................................. 10
(B) LEAD ATTORNEY ...................................................................................................................................................... 10
LOCAL CIVIL RULE 12 – DEFENSES AND OBJECTIONS ........................................................................................... 11
LOCAL CIVIL RULE 16 - PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT ..................................................... 11
(A) SCHEDULING ORDERS. .............................................................................................................................................. 11
(B) ALTERNATIVE DISPUTE RESOLUTION .............................................................................................................................. 11
(C) NOTICE OF SETTLEMENT .............................................................................................................................................. 12
LOCAL CIVIL RULE 23 - CLASS ACTIONS.................................................................................................................... 12
LOCAL CIVIL RULE 26 - GENERAL PROVISIONS GOVERNING DISCOVERY; DUTY OF DISCLOSURE ...................... 13
(A) MEETING OF PARTIES UNDER FED. R. CIV. P. 26(F) ........................................................................................................ 13
(B) INITIAL DISCLOSURE.................................................................................................................................................... 14
(C) WITHHOLDING PRIVILEGED OR PROTECTED INFORMATION. ................................................................................................ 14
(D) DISCOVERY DEADLINES ............................................................................................................................................. 14
LOCAL CIVIL RULE 33 - INTERROGATORIES TO PARTIES ........................................................................................... 15
LOCAL CIVIL RULE 34 – REQUESTS FOR PRODUCTION ............................................................................................. 15
LOCAL CIVIL RULE 35 - MOTIONS FOR PHYSICAL OR MENTAL EXAMINATION ......................................................... 15
LOCAL CIVIL RULE 36 - REQUESTS FOR ADMISSION ................................................................................................. 15
(A) RESPONSES TO REQUESTS FOR ADMISSION ..................................................................................................................... 15
(B) NUMBER OF REQUESTS FOR ADMISSION ......................................................................................................................... 15
LOCAL CIVIL RULE 37 - DISCOVERY VIOLATIONS ...................................................................................................... 16
LOCAL CIVIL RULE 38 - JURY TRIAL OF RIGHT .......................................................................................................... 16
LOCAL CIVIL RULE 39 - TRIAL BY JURY OR BY THE COURT........................................................................................ 16
LOCAL CIVIL RULE 41 - DISMISSAL OF ACTIONS ....................................................................................................... 16
(A) DISMISSALS. ............................................................................................................................................................. 16
(B) DISMISSAL FOR FAILURE TO PROSECUTE ..................................................................................................................... 16
LOCAL CIVIL RULE 43 - TAKING OF TESTIMONY ....................................................................................................... 17
(A) ORAL TESTIMONY ON HEARING OF MOTION ................................................................................................................... 17
(B) ONE COUNSEL TO EXAMINE WITNESS AND PRESENT OBJECTIONS ....................................................................................... 17
LOCAL CIVIL RULE 45 - SUBPOENA .......................................................................................................................... 18
(A) WITNESS FEES AND MILEAGE ...................................................................................................................................... 18
(B) NOTIFICATION OF WITNESSES ...................................................................................................................................... 18
(C) SUBPOENA DUCES TECUM TO HOSPITALS ................................................................................................................... 18
LOCAL CIVIL RULE 47 - JURORS ................................................................................................................................ 19
(A) JURIES ................................................................................................................................................................... 19
(B) VOIR DIRE EXAMINATION ............................................................................................................................................ 19
(C) ARGUMENT OF LAW TO JURY PROHIBITED ...................................................................................................................... 19
(D) CONTACTING PROSPECTIVE JURORS AND JURORS BEFORE AND DURING TRIAL ....................................................................... 19
(E) INTERVIEWING JURORS AFTER TRIAL ......................................................................................................................... 20
LOCAL CIVIL RULE 54 - JUDGMENTS; COSTS ............................................................................................................ 21
(A) COSTS ................................................................................................................................................................... 21
(B) AWARD OF ATTORNEY'S FEES ................................................................................................................................... 21
(C) MEMORANDUM OF COSTS .......................................................................................................................................... 21
(D) OBJECTIONS.............................................................................................................................................................. 22
(E) REVIEW OF TAXATION OF COSTS ................................................................................................................................... 22
(F) SECURITY FOR COSTS .................................................................................................................................................. 22
(G) PAYMENT AND APPLICATION FOR ORDER OF SATISFACTION OF JUDGMENT............................................................................ 22
(H) FILING ACKNOWLEDGMENT OF SATISFACTION NOTICE IN DOCKET ....................................................................................... 22
(I) SEAMAN AND PAUPER CASES ....................................................................................................................................... 22
LOCAL CIVIL RULE 55 - DEFAULT .............................................................................................................................. 23
LOCAL CIVIL RULE 56 - SUMMARY JUDGMENT ........................................................................................................ 23
(A) MOTIONS FOR SUMMARY JUDGMENT ............................................................................................................................ 23
(B) SUPPORTING STATEMENT OF MATERIAL FACTS. ............................................................................................................... 23
(C) OPPOSING STATEMENT OF MATERIAL FACTS ................................................................................................................... 24
(D) REPLY STATEMENT OF MATERIAL FACTS ......................................................................................................................... 24
(E) MOTIONS TO STRIKE NOT ALLOWED.............................................................................................................................. 24
(F) STATEMENT OF FACTS DEEMED ADMITTED UNLESS PROPERLY CONTROVERTED; SPECIFIC RECORD OF CITATIONS REQUIRED .......... 25
(G) FACTS ADMITTED FOR PURPOSE OF SUMMARY JUDGMENT ................................................................................................ 25
(H) NUMBER OF MOTIONS FOR SUMMARY JUDGMENT........................................................................................................... 25
LOCAL CIVIL RULE 58 – ENTRY OF JUDGMENT ......................................................................................................... 25
(A) JUDGMENTS/ORDERS. ................................................................................................................................................ 25
(B) SEAMAN SETTLEMENTS. ............................................................................................................................................ 25
LOCAL CIVIL RULE 62 – STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT ............................................................. 26
(A) PETITIONS TO STAY EXECUTION OF STATE COURT JUDGMENTS............................................................................................ 26
(B) BOND OR OTHER SECURITY .......................................................................................................................................... 27
LOCAL CIVIL RULE 65 - INJUNCTIONS AND RESTRAINING ORDERS........................................................................... 27
LOCAL CIVIL RULE 65.1 - SECURITY: PROCEEDINGS AGAINST SURETIES .................................................................... 27
(A) QUALIFICATIONS OF SURETIES ...................................................................................................................................... 27
(B) COURT OFFICERS NOT TO BE SURETIES. ......................................................................................................................... 28
LOCAL CIVIL RULE 67 - DEPOSIT IN COURT............................................................................................................... 28
(A) RECEIPT AND DEPOSIT OF REGISTRY FUNDS ..................................................................................................................... 28
(B) FORM OF ORDER ...................................................................................................................................................... 28
(C) DISBURSEMENT OF REGISTRY FUNDS .......................................................................................................................... 28
LOCAL CIVIL RULE 72 - MAGISTRATE JUDGES; PRETRIAL ORDERS ........................................................................... 29
(A) METHOD OF REVIEW OF MAGISTRATE JUDGE DETERMINATION BY A DISTRICT JUDGE.............................................................. 29
(B) REFERRAL OF PROCEEDINGS IN CIVIL MATTERS ................................................................................................................ 30
LOCAL CIVIL RULE 73 - MAGISTRATE JUDGES; TRIAL BY CONSENT AND APPEAL OPTIONS ............................... 30
(A) JURISDICTION .......................................................................................................................................................... 30
(B) REFERRAL OF CASES ................................................................................................................................................... 30
(C) CASES REFERRED FOR TRIAL UNDER 28 U.S.C. § 636(C) .................................................................................................. 30
(D) OTHER DUTIES .......................................................................................................................................................... 30
LOCAL CIVIL RULE 77 - DISTRICT COURTS AND CLERKS ............................................................................................. 32
LOCAL CIVIL RULE 78 - MOTION DAY........................................................................................................................ 32
(A) MOTION DAY ............................................................................................................................................................ 32
(B) ORAL ARGUMENT ...................................................................................................................................................... 32
LOCAL CIVIL RULE 79 - BOOKS AND RECORDS KEPT BY THE CLERK OF COURT AND ENTRIES THEREIN................ 32
(A) WITHDRAWAL OF FILES ............................................................................................................................................... 33
(B) ELECTRONIC EVIDENCE FOR TRIALS ................................................................................................................................ 33
(C) ELECTRONIC EVIDENCE FOR ALL OTHER PROCEEDINGS ...................................................................................................... 33
(D) CUSTODY OF EXHIBITS WITH THE CLERK OF COURT ...................................................................................................... 33
(E) CUSTODY OF EXHIBITS WITH THE OFFERING PARTY. ...................................................................................................... 33
(F) DISPOSITION OF EXHIBITS. ........................................................................................................................................... 33
(G) OFFER AND MARKING OF EXHIBITS ................................................................................................................................ 34
LOCAL CIVIL RULE 83 - RULES BY DISTRICT COURTS; JUDGES' DIRECTIVES .............................................................. 34
(A) NATURALIZATION. THE DISTRICT COURT ADMINISTERS THE OATH OF ALLEGIANCE TO APPLICANTS FOR NATURALIZATION........... 34
(B) ATTORNEYS. ............................................................................................................................................................ 34
(C) BUILDING SECURITY ................................................................................................................................................. 44
(D) BANKRUPTCY ........................................................................................................................................................... 48
LOCAL ADMIRALTY RULE 4 - SUMMONS AND PROCESS .......................................................................................... 52
(A) PROCESS. ................................................................................................................................................................ 52
LOCAL ADMIRALTY RULE 64 - SEIZURE OF PROPERTY .............................................................................................. 54
(A) PUBLICATION AND TIME TO CLAIM AND ANSWER WHERE PUBLICATION NECESSARY AND UNDER SUPPLEMENTAL RULE C(4) ......... 54
(B) RELEASE OF VESSEL OR PROPERTY UNDER SUPPLEMENTAL RULE E(5)(C). ............................................................................. 54
(C) MOVEMENT OF VESSELS UNDER SEIZURE ....................................................................................................................... 55
(D) CONSENT GUARDIAN. ................................................................................................................................................. 55
(E) NOTICES................................................................................................................................................................... 55
(F) SALES ................................................................................................................................................................... 56
LOCAL ADMIRALTY RULE 65.1 - SECURITY ............................................................................................................... 57
(A) SECURITY FOR COSTS ................................................................................................................................................. 57
(B) SURETIES ................................................................................................................................................................. 57
LOCAL CRIMINAL RULE 5 - INITIAL APPEARANCE BEFORE THE MAGISTRATE JUDGE ............................................... 59
LOCAL CRIMINAL RULE 12 - PRETRIAL MOTIONS..................................................................................................... 59
LOCAL CRIMINAL RULE 23 - JURY OR NON-JURY TRIAL ........................................................................................... 59
LOCAL CRIMINAL RULE 24 – TRIAL JURORS ............................................................................................................. 59
(A) CONTACTING PROSPECTIVE JURORS AND JURORS BEFORE AND DURING TRIAL. ...................................................................... 59
(B) INTERVIEWING JURORS AFTER TRIAL. ............................................................................................................................. 60
LOCAL CRIMINAL RULE 32 - SENTENCE AND JUDGMENT .......................................................................................... 61
(A) SENTENCING ............................................................................................................................................................. 61
(B) SENTENCING MEMORANDA ......................................................................................................................................... 62
(C) USSG § 5K1.1 MOTIONS ........................................................................................................................................... 63
LOCAL CRIMINAL RULE 44 - CONTINUING REPRESENTATION, WITHDRAWALS, SUBSTITUTION OF COUNSEL .......... 63
LOCAL CRIMINAL RULE 49 – SERVICE AND FILING OF PAPERS .................................................................................. 64
(A) FILING BY ELECTRONIC MEANS .................................................................................................................................. 64
(B) SERVICE OF DOCUMENTS BY ELECTRONIC MEANS ....................................................................................................... 64
LOCAL CRIMINAL RULE 53 - REGULATION OF CONDUCT PERTAINING TO CRIMINAL MATTERS......................... 65
(A) DISSEMINATION OF INFORMATION CONCERNING PENDING OR IMMINENT CRIMINAL LITIGATION BY LAWYER PROHIBITED .............. 65
(B) PENDING INVESTIGATIONS ........................................................................................................................................... 65
(C) EXTRAJUDICIAL STATEMENTS CONCERNING SPECIFIC MATTERS ...................................................................................... 65
(D) DISCLOSURES AUTHORIZED .......................................................................................................................................... 66
(E) EXTRAJUDICIAL STATEMENTS DURING TRIAL.................................................................................................................... 67
(F) EXTRAJUDICIAL STATEMENTS AFTER TRIAL AND PRIOR TO SENTENCE.................................................................................... 67
(G) MATTERS NOT PRECLUDED.......................................................................................................................................... 67
(H) DISCLOSURE OF INFORMATION BY COURTHOUSE PERSONNEL ............................................................................................. 67
(I) SPECIAL ORDERS ........................................................................................................................................................ 68
(J) SUBJECTS OF SPECIAL ORDER ....................................................................................................................................... 68
(K) BUILDING SECURITY.................................................................................................................................................... 69
LOCAL CRIMINAL RULE 55 - RECORDS ..................................................................................................................... 69
(A) WITHDRAWAL OF FILES ............................................................................................................................................... 69
(B) ELECTRONIC EVIDENCE FOR TRIALS ................................................................................................................................ 69
(C) ELECTRONIC EVIDENCE FOR ALL OTHER PROCEEDINGS ...................................................................................................... 69
(D) CUSTODY OF EXHIBITS WITH THE CLERK OF COURT ...................................................................................................... 69
(E) CUSTODY OF EXHIBITS WITH THE OFFERING P ARTY. ...................................................................................................... 70
(F) DISPOSITION OF EXHIBITS. ........................................................................................................................................... 70
LOCAL CRIMINAL RULE 58 - PROCEDURE FOR MISDEMEANORS AND OTHER PETTY OFFENSES .......................... 70
(A) PETTY OFFENSES AND MISDEMEANORS ...................................................................................................................... 70
(B) CENTRAL VIOLATIONS BUREAU ..................................................................................................................................... 71
APPENDIX
Notice Regarding Complaints of Judicial Misconduct or Disability
LOCAL CIVIL RULES
LOCAL CIVIL RULE 3 - COMMENCEMENT OF ACTION
(a) Collateral Proceedings and Refiled Cases. Whenever a civil matter, commenced in or
removed to the Court, involves subject matter that comprises all or a material part of the subject
matter or operative facts of another action, whether civil or criminal, then or previously pending
in any court or administrative agency, counsel must file a list and description of all such
actions then known to counsel and a brief summary of the relationship between the cases.
Counsel shall file the list and description as a separate document at the time of filing the
complaint. If information concerning any such action or proceeding is obtained after the filing of
the original pleading in the latter case, counsel must notify the Court and opposing counsel in
writing of the relationship between the cases.
(b) Assignment of Collateral Proceedings and Refiled Cases. To promote judicial economy,
conserve judicial resources, and avoid potential forum-shopping and conflicting court rulings,
all actions described in LR 3(a) shall be transferred to the section with the lowest docket number,
unless the two Judges involved determine that some other procedure is in the interest of justice.
If the Judges cannot agree upon whether a case should be transferred, the opinion of the
transferee Judge shall prevail.
LOCAL CIVIL RULE 4 – SUMMONS
Deposit for Service. Except as provided by law in cases involving indigent persons, or unless
ordered by the court, the United States Marshal shall not be required to perform any service until the
deposit of a sum sufficient to cover the immediate costs has been made, and, may demand security in a
reasonable amount for further costs.
LOCAL CIVIL RULE 5 - SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
(a) Filing By Electronic Means.
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(1) All documents must be filed with the Clerk of Court in the manner provided in the Court’s
Administrative Procedures for Filing Electronic Documents, available at
www.lamd.uscourts.gov.
(2) An attorney may, for good cause shown, request by written motion a temporary exemption
from mandatory electronic case filing.
(b) Filing of Extraordinary Pleadings. The attorneys filing any pleading of an extraordinary nature
(e.g., temporary restraining orders, vessel seizures, writs of attachment, and other pleadings
requiring immediate judicial action) shall make themselves available by telephone to the Judge
to whom the matter is assigned and shall provide a current cellular telephone number on the
pleading.
(c) Advance Payment Required. The Clerk of Court shall not be required to file any paper or to
render any service for which a fee is legally collectible unless the fee for the particular service is
paid in advance.
(d) Filing by Unrepresented Prisoners, Subject to Electronic Filing, Regarding Civil Rights
and Habeas Corpus Cases.
(1) Original Documents - Prisoners subject to electronic filing must place all documents in an
envelope and place the envelope in a designated box for documents to be filed in
Louisiana Federal District Courts only. No postage is required. All envelopes placed
in the designated box shall be opened by authorized prison personnel in order to scan
the documents. Once scanned, prison personnel shall return all original documents to the
prisoner, unless otherwise directed by the Court. Any envelope placed in the designated box
containing postage shall not be opened for purposes of scanning. Prison officials shall
either return the envelope to the prisoner or mail it to the Court. Documents submitted by
a prisoner to the Court for filing which have not been scanned and emailed by authorized
prison personnel, may, at the direction of the Court, be returned to the prisoner.
(2) Scanning - Authorized prison personnel will scan prisoner documents into a pre-
programmed Document Capture Workstation which converts the document to PDF.
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Authorized prison personnel will affix the “scanned” stamp on the document, prior to
scanning, which indicates the date the document was scanned, total number of pages
scanned, and the initials of the person who scanned it. Once the document has been
scanned, authorized prison personnel will verify the legibility of the image on the computer
screen and email the document directly to the Court’s dedicated email address.
(3) Filing into Court’s Electronic Case Management System - The Court will receive and review
all documents received via email from the prison and electronically file submissions
into the case management system. After review, if it is determined by the Court that a
document does not constitute a proper filing in accordance with the Federal Rules of Civil
Procedure and the Local Rules of the Court, the document may be returned to the
prisoner via the U. S. Postal Service, upon direction of the Court.
(e) Certificate of Service.
(1) When a document filed after the initial complaint is served by filing it with the Court’s
electronic filing system, no certificate of service is required when all parties are electronic
filers.
(2) When a document that is required to be served is served by means other than the Court’s
electronic filing system, the document must include a certificate of service indicating the
document has been served on all parties contemporaneously with its filing with the court.
The certificate of service must list each party on which the document has been served
and must identify the method of service upon each party.
(f) Service by Electronic Means.
(1) As provided by Fed. R. Civ. P. 5(b)(2)(E), if a recipient is a registered filer in the Court’s
Electronic CM/ECF Filing System, service is complete when the document is
electronically filed or uploaded to the Court’s system. If the recipient is not a registered
filer in the Court’s system, the filer must effect service on all parties in accordance with
the Federal Rules of Civil Procedure.
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(2) Most sealed filings do not produce a Notice of Electronic Filing, and therefore service
by the filer of any sealed document must be in accordance with the Federal Rules of Civil
Procedure and the Local Rules.
LOCAL CIVIL RULE 5.2 – PROTECTION OF PERSONAL AND SENSITIVE INFORMATION;
PUBLIC ACCESS TO COURT FILES; REDACTED INFORMATION; SEALED INFORMATION
(a) In General. Counsel should advise clients of the provisions of this Rule and Federal Rule of
Civil Procedure 5.2 so that an informed decision may be made about the inclusion of protected
information.
(b) Remote Access. Counsel and parties must consider that the E-Government Act of 2002 (as
amended) and the policies of the Judicial Conference of the United States require federal courts
eventually to make all pleadings, orders, judgments, and other filed documents available in
electronic format accessible over the Internet and the Courts’ PACER (Public Access to Court
Electronic Records) systems. Consequently, personal and sensitive information and data that
formerly were available only by review of the Court’s physical case files will be available openly
and publicly.
(c) Redacted Filings. If a redacted document is filed, it is the sole responsibility of counsel and
the parties to ensure that all pleadings conform to Federal Rule of Civil Procedure 5.2, and the
General Orders of this Court. Neither the Court nor the Clerk of Court will review pleadings or
other documents for compliance with this Rule.
LOCAL CIVIL RULE 7 - PLEADINGS ALLOWED; FORM OF MOTIONS
(a) Extension of Time to Plead. Upon certification by a moving party that there has been no
previous extension of time to plead and that the opposing party has not filed in the record an
objection to an extension of time, then on an ex parte motion and order, the Court will allow one
extension for a period of twenty-one days from the time the pleading would otherwise be due.
Further extensions will not be granted by stipulation, but only by motion to the Court and for good
cause shown. This rule shall apply to pleadings listed in Fed. R. Civ. P. 7(a).
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(b) Submission of Motions. All motions, except those made during a hearing or trial which is
being properly recorded into the Court record, shall be made in writing. Documents filed with the
motion are thereby made a part of the record.
(c) Submission of Ex Parte or Consent Motions. An application for an order allowed by these
Rules to be submitted ex parte or by consent shall be accompanied by a proposed order on a
separately captioned page. Except as otherwise ordered in an individual case, every such
application shall be filed pursuant to LR5(a).
(d) Motions Must Be Accompanied by Memorandum. All contested motions must be
accompanied by separate memoranda which must contain a concise statement of reasons
supporting the motion and citations of authorities. If the motion requires consideration of facts
not in the record, the movant must also file and serve upon opposing counsel a copy of all
evidence supporting the motion. Memoranda may not be supplemented, except with leave of
court.
(e) Motions Not Requiring Memorandum. All motions listed below, while not required to be
accompanied by a memorandum, must state the grounds therefor and cite any applicable rule,
statute, or other authority justifying the relief sought. No memorandum is required by either
movant or respondent, unless otherwise directed by the Court, with respect to the following
motions: (1) For extension of time for the performance of an act required or allowed to be done,
provided request therefor is made before the expiration of the period originally prescribed or as
extended by previous orders; (2) to continue a pretrial conference, hearing, motion, or the trial
of an action; (3) to add additional parties; (4) to amend pleadings; (5) to file supplemental
pleadings; (6) to appoint next friend or guardian ad litem; (7) to intervene; (8) for substitution of
parties; (9) joint motions to dismiss or consolidate; and (10) to withdraw as counsel. Prior to filing
any motion under this section, the moving party shall attempt to obtain consent for the filing and
granting of such motion from all parties having an interest to oppose, and a certificate stating
the position of the other parties shall be included in the motion. A proposed order on a separately
captioned page shall accompany each motion filed under this paragraph.
5
(f) Response and Memorandum. Each respondent opposing a motion shall file a response,
including opposing affidavits, and such supporting documents as are then available, within
twenty-one days after service of the motion. Memoranda shall contain a concise statement of
reasons in opposition to the motion and a citation of authorities upon which the respondent
relies. Memoranda must also include appropriate citations to direct the Court to specific
references within cited supporting material (e.g., Ex. 1 – Plaintiff Depo, p.5, ll. 8-10 or Rec. Doc.
1 – Complaint, p.3, ¶22). For good cause appearing therefor, a respondent may be required to
file a response and supporting documents, including memoranda, within such shorter or longer
period of time as the Court may order. Reply memoranda may be filed without leave of Court in
Rule 12 and Rule 56 motions only. Any such reply memoranda shall be filed within fourteen
days after service of the response to the motion. Leave of court must be obtained to file
surreplies in Rule 12 and Rule 56 motions. Leave of court must be obtained to file reply and
surreply memoranda in all other motions not listed.
(g) Memoranda. All memoranda filed by a party (including briefs, memoranda in support of or in
opposition to a motion and appeals to District Judges) shall be limited to twenty-five pages
excluding attachments. If included with memoranda or otherwise required by a court order,
these Local Rules, or the Federal rules of Civil Procedure, a table of contents, table of
authorities, and certificate of service are also excluded from the page limits for memoranda.
Signature blocks must begin on or before the last page but can extend beyond the page limit.
The form of the memorandum shall comply with LR10(a). Reply and surreply memoranda, if
permitted, shall be limited to ten pages. Leave of Court must be obtained to file memoranda in
excess of the limit above.
(h) Mandatory Meet and Confer Prior to Filing Motions in Limine. To avoid the needless filing
of motions in limine, the Court requires the party seeking to file a motion in limine on a subject
matter other than the admissibility of expert testimony (i.e., non-Daubert motions in limine), to
confer or attempt to confer with the opposing party (or any party having an interest to oppose)
before filing the motion in a good faith effort to resolve the issue(s) amicably. If a consensus
6
cannot be reached, the motion in limine must contain a certification that the movant conferred
or attempted to confer in a good faith effort to resolve the issue(s) amicably but was unable to
reach an agreement. If after filing the motion in limine, the movant determines there is no longer
a dispute, the movant shall promptly file a motion to withdraw the motion in limine.
LOCAL CIVIL RULE 7.1 – CERTIFICATE OF INTERESTED PERSONS
All parties, including parties added during the pendency of a civil action, are required to file a
certificate of interested persons. In addition to the requirements of Fed. R. Civ. P. 7.1(a), civil complaints
and the initial responsive pleading or motion filed in lieu of responsive pleadings that a defendant files in
a civil action must be accompanied by a separately filed and signed certificate of interested persons that
contains a complete list of all persons, associations of persons, firms, partnerships, corporations,
guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially
interested in the outcome of the case or else a statement that there are no such persons to identify.
If a civil action is removed, the plaintiff shall file a signed certificate of interested persons, which
shall neither constitute a general appearance nor prejudice the party’s ability to file a motion for remand.
All parties must promptly file a supplemental certificate if any required information changes.
LOCAL CIVIL RULE 9 - PLEADING SPECIAL MATTERS
(a) Three-Judge Cases. Upon filing any suit or proceeding that may require a three-judge court
for disposition, the party instituting the action shall state in writing, to the Clerk of Court and
other parties the provision under which said party is proceeding. Failure to comply with this
rule may result in the matter being treated as one not requiring three judges.
(b) Social Security Cases. Complaints filed in civil cases pursuant to Section 205(g) of the Social
Security Act, 42 U.S.C. § 405(g), for benefits under Titles II, XVI, and XVIII of the Social Security
Act shall be submitted for filing on forms furnished by the Clerk of Court or substantially in
conformity therewith.
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LOCAL CIVIL RULE 10 - FORM OF PLEADINGS
(a) Form: Statement Regarding Filing of Documents.
(1) All documents drafted for filing in this Court shall be on 8-1/2 by 11 inch paper,
numbered sequentially, plainly written in ink or printed in no smaller than standard 12-point
typeface without defacing erasures or interlineations, shall be double spaced and if
filed in paper format, not printed on the reverse side of the paper. Footnotes may be
printed in no smaller than standard 10-point typeface. Quotations and footnotes may be
single spaced. All margins must be no less than one inch. No print or writing, except
page numbers, must appear in the margins, and page numbers must not be less than
one-half inch from the bottom of the page.
(2) In addition to the requirement of Fed. R. Civ. P. 10(a), after allotment the caption shall
also indicate the initials of the United States District Judge and United States Magistrate
Judge (“Magistrate Judge”) to whom the case is assigned (e.g., 10-CV-292-JVP-SCR).
(3) A completed and executed Civil Cover Sheet form shall accompany the initial pleading
of each civil case to be filed, except that such requirement shall not apply to persons in the
custody of civil, state, or federal institutions or to persons filing cases pro se.
(4) In addition to the requirements of Fed. R. Civ. P. 7.1(a), civil complaints must also be
accompanied by a separately filed and signed certificate of interested persons that
contains a complete list of all persons, associations of persons, firms, partnerships,
corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other
legal entities that are financially interested in the outcome of the case or else a statement
that there are no such persons to identify. This requirement shall not apply to persons in
the custody of civil, state or federal institutions or to persons filing cases pro se.
(5) An amended complaint will supersede any prior filed complaint. Except to the extent that
adoption by reference is permitted under Fed. R. Civ. P. 10(c), an amended complaint
shall set forth amended allegations and fully restate all other allegations against all
parties.
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(b) Consolidated Cases.
(1) Unless otherwise ordered by the Court, where cases are consolidated, whether for trial only
or for pretrial matters and trial, the caption of all documents filed after consolidation shall
list first the name and docket number of the lowest numbered case in the group, with
words “consolidated with” or abbreviation “c/w”. This shall be followed by a listing of the
names and docket numbers of only those cases to which the document applies. This
rule does not apply to cases wherein the assigned Magistrate Judge has ordered
coordinated or consolidated discovery, but the cases are not consolidated for trial or any
other purpose. See LR 10(b)(3).
(2) The caption of the lowest numbered case will serve as the identifying caption during the
pendency of the consolidation and will continue to be used even if that particular case is
closed.
(3) For cases consolidated for discovery purposes only, the caption of all discovery related
filings subject to the assigned Magistrate Judge’s discovery consolidation order shall list
the names and docket numbers of all cases in which coordinated discovery has been
ordered. The filing party’s case caption should appear at the top of the pleading followed
by the other case caption(s) separated by “AND”. For discovery pleadings required to be
filed into the record, the filing party must file the pleading in each individual case subject
to the discovery consolidation order.
(c) Constitutional Questions. Whenever the constitutionality of any act of Congress is, or is
intended to be, drawn into question in any suit or proceeding to which the United States, or any
agency, officer or employee thereof as such officer or employee, is not a party, counsel for the
party raising or intending to raise the constitutional issue shall notify the Court, in writing, of the
existence of that question (to enable the Court to comply with 28 U.S.C. § 2403). A copy of such
notice shall be served upon each of the other parties. The notice shall give the title of the cause,
a reference to the questioned statute sufficient for its identification, and the grounds upon which
the statute is claimed to be unconstitutional.
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LOCAL CIVIL RULE 11 - SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS;
REPRESENTATIONS TO COURT; SANCTIONS
(a) Signing of Pleadings, Motions and Other Papers.
(1) Every pleading, motion, or other document presented for filing shall, in accordance with the
Federal Rules of Civil Procedure, be signed by counsel admitted to practice before this
Court. If the document is submitted by a pro hac vice attorney, the document must also
be signed by local counsel associated with such pro hac vice attorney in accordance with
LR83(b)(8).
(2) Electronic signatures must comply with the administrative procedures.
(3) In addition, counsel's name, address, telephone and facsimile numbers, email address
and Attorney Identification Number shall be typed or printed under the attorney’s
signature. If the attorney is admitted to practice before the Supreme Court of Louisiana,
the Attorney Identification Number shall be the same as the number assigned by the
Supreme Court of Louisiana.
(4) Documents filed by a party not represented by counsel shall be signed by the party and
shall include name, address and telephone number.
(5) Each attorney and pro se litigant has a continuing obligation to apprise the Court of any
address change.
(b) Lead Attorney.
(1) If a law firm or more than one attorney represents a party, one attorney will be designated
in the first pleading filed on behalf of that party as lead attorney. This attorney may, but
need not, be the attorney who personally signs pleadings.
(2) The designated lead attorney will be responsible for the case and all notices and other
communications with respect to it will be directed to the designated lead attorney, or to
local counsel in the event a visiting attorney is designated as lead attorney. The
designation of the lead attorney may be changed at any time by written notice filed with
the Court. If a party desires to change the lead attorney, the new lead attorney will be
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promptly designated.
LOCAL CIVIL RULE 12 – DEFENSES AND OBJECTIONS
If the Court grants leave to allow a party to file an amended complaint while a motion to dismiss
pursuant to Fed. R. Civ. P. 12 is pending, the Clerk will terminate the pending motion to dismiss without
prejudice to the party to refile if grounds exist therefor based upon the allegations contained in the
amended complaint.
LOCAL CIVIL RULE 16 - PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT
(a) Scheduling Orders.
(1) The scope and timing of the scheduling order under Fed. R. Civ. P. 16(b) shall be as
prescribed by the Civil Justice Expense and Delay Reduction Plan of this Court (see
General Orders of the Court).
(2) Unless otherwise ordered by a Judge in a particular case, the following categories of
cases are exempted from the requirements for a scheduling order:
Social Security Appeals
Bankruptcy Appeals Habeas
Corpus cases Prisoner 1983
cases
Government Collection and Foreclosure cases
(3) The Magistrate Judges of this Court are authorized to enter and/or modify scheduling
orders in matters referred to them or when directed by a District Judge.
(b) Alternative Dispute Resolution. If the District Judge or Magistrate Judge determines at any
time that the case will benefit from alternative dispute resolution, the Judge may:
(1) refer the case to private mediation, if the parties consent, even if such mediation efforts
upset previously set trial or other dates;
(2) order non-binding mini-trial or non-binding summary jury trial before a judge with the parties’
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consent; or
(3) employ other dispute resolution programs which may be designated for use in this District.
All alternative dispute resolution proceedings shall be confidential.
(c) Notice of Settlement. Whenever a civil case is settled or otherwise disposed of, counsel
shall immediately file a Joint Notice of Settlement, signed by counsel for Plaintiff, into the record.
Additionally, counsel shall immediately inform the Clerk's office, the Judge to whom the case is
assigned, and shall comply with LR45(b) relative to all persons subpoenaed as witnesses. If
a civil case is settled as to fewer than all of the parties or all of the claims, the Joint Notice shall
also set forth the remaining parties and unsettled claims. The Joint Notice may also include a
request for a conditional order of dismissal, allowing for reinstatement of the matter if the
settlement is not consummated within the time stated in the order of dismissal.
LOCAL CIVIL RULE 23 - CLASS ACTIONS
In any case sought to be maintained as a class action:
(a) The complaint shall bear next to its caption the designation, "Complaint-Class
Action";
(1) Refer to the portions of Fed. R. Civ. P. 23 under which it is claimed that the suit is properly
maintainable as a class action;
(2) Make allegations thought to justify the maintenance of the claim as a class action,
including, but not necessarily limited to:
(A) the size (or approximate size) and definition of the alleged class,
(B) the basis upon which the plaintiff (or plaintiffs) claims,
(i) to be an adequate representative of the class, or
(ii) if the class is comprised of defendants, that those named as parties are
adequate representatives of the class,
(3) The alleged questions of law or fact claimed to be common to the class; and
(4) In actions claimed to be maintainable as class actions under Fed. R. Civ. P. 23(b)(3),
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allegations thought to support the findings required by that subdivision.
(b) The foregoing provisions shall apply, with appropriate adaptations, to any counterclaim or cross claim
alleged to be brought for or against a class.
(c) Whenever a party or counsel desires to prohibit another party or counsel from communicating
concerning such action with any potential or actual class member not a formal party to the action,
the party or counsel shall apply in writing to the Court for such an order. In such application, the
parties must set forth with particularity the abuses they fear will result from such communication, along
with the form of remedy they believe would be appropriate to prevent frustration of the policies of
LR23.
(1) The Court will not enter an order prohibiting communication with members of the class in
the absence of a clear record (and when necessary, an evidentiary hearing) reflecting:
(A) specific findings regarding the abuse the Court seeks to prevent;
(B) the need for such an order, weighing the abuse sought to be corrected and
the effect it will have on the right of a party to proceed pursuant to LR23 without
interference.
(2) Any attorney who communicates with the class shall preserve and retain in one’s files, until
the final conclusion of the action, a copy of all communications which the attorney has
sent to any members of the class or potential class.
LOCAL CIVIL RULE 26 - GENERAL PROVISIONS GOVERNING DISCOVERY; DUTY OF
DISCLOSURE
(a) Meeting of Parties Under Fed. R. Civ. P. 26(f). Except as otherwise ordered by the Court, the
provisions of Fed. R. Civ. P. 26(f), requiring a meeting of parties prior to the scheduling
conference, shall apply to all civil actions in the Court subject to the following modifications:
(1) The requirements for a meeting of the parties does not apply in cases exempted from
the requirements of a scheduling order under LR16(a)(2).
(2) The parties may agree to hold the meeting by telephone.
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(3) Any meeting of the parties shall be held in time to permit the report of the meeting to be
filed with the Court no later than two weeks prior to the date of the scheduling conference.
(4) Formal discovery may begin in cases in which no meeting is required without regard to the
requirements of Fed. R. Civ. P. 26(d) and (f).
(b) Initial Disclosure. Within the time designated in the Court’s initial order setting the Fed. R. Civ.
P. 16 conference, the parties must make the disclosures required by Fed. R. Civ. P. 26(a)(1).
Disclosures must be made no later than seven days before the Case Management Conference,
unless a different time is set by court order or unless a party objects during the attorney conference
and states the objection in the proposed case management order.
(c) Withholding Privileged or Protected Information. A party withholding information claimed
privileged or otherwise protected must submit a privilege log that contains at least the following
information: name of the document, electronically stored information, or tangible things;
description of the document, electronically stored information, or tangible thing, which description
must include each requisite element of the privilege or protection asserted; date; author(s);
recipient(s); and nature of the privilege.
(d) Discovery Deadlines.
(1) Unopposed discovery may continue after the applicable deadline for discovery
contained in the scheduling order, provided that discovery does not delay other pretrial
preparations or the trial setting. Absent exceptional circumstances, no motions relating
to discovery, including motions under Fed. R. Civ. P. 26(c), 29, and 37, shall be filed after
the expiration of the discovery deadline, unless they are filed within seven days after the
discovery deadline and pertain to conduct occurring during the final seven days of
discovery.
(2) Written discovery is not timely unless the response to that discovery would be due before
the discovery deadline. The responding party has no obligation to respond and object to
written discovery if the response and objection would not be due until after the discovery
deadline. Discovery depositions must be completed before the discovery deadline.
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Notices served before the discovery deadline which purport to schedule depositions after
the discovery deadline will not be enforced.
LOCAL CIVIL RULE 33 - INTERROGATORIES TO PARTIES
Answers and/or objections to interrogatories must state in full the interrogatory, preceding each
answer or objection.
LOCAL CIVIL RULE 34 – REQUESTS FOR PRODUCTION
Answers and/or objections to requests for production must state in full the request for
production immediately preceding each answer or objection.
LOCAL CIVIL RULE 35 - MOTIONS FOR PHYSICAL OR MENTAL EXAMINATION
Motions for physical and/or mental examination of a party shall include, in addition to the
requirement of Fed. R. Civ. P. 35(a)(2):
• Whether a personal and/or medical history will be obtained;
• Whether a physical examination will be undertaken;
• A description of the written, verbal-administered and/or physical tests to be
performed, both invasive and non-invasive;
• The identities of any persons administering and/or interpreting the test results, if
different from the person identified in the motion; and
• The anticipated duration of the examination.
LOCAL CIVIL RULE 36 - REQUESTS FOR ADMISSION
(a) Responses to Requests for Admission. Answers and/or objections to requests for
admission must state in full the request for admission immediately preceding each answer or
objection.
(b) Number of Requests for Admission. No party shall serve on any other party more than 25
requests for admission in the aggregate without leave of Court. Each sub-part of a request for
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admission shall count as an additional request for admission. Any party desiring to serve additional
requests for admission shall file a written motion setting forth the proposed additional requests
for admission and the reasons establishing good cause for their use.
LOCAL CIVIL RULE 37 - DISCOVERY VIOLATIONS
Motions addressed to issues concerning discovery propounded under Fed. R. Civ. P. 33, 34, 36
and 37 must quote verbatim each interrogatory, request for production, or request for admission to which
the motion is addressed, followed immediately by the verbatim response or objection which provided
thereto.
LOCAL CIVIL RULE 38 - JURY TRIAL OF RIGHT
If a jury demand is made in the document, the caption shall contain words indicating that a
demand for jury trial is being made therein.
LOCAL CIVIL RULE 39 - TRIAL BY JURY OR BY THE COURT
All counsel of record and parties to the litigation must be present in court at all stages of trial,
unless leave of Court is granted by the presiding Judge.
LOCAL CIVIL RULE 41 - DISMISSAL OF ACTIONS
(a) Dismissals. Except as provided in Fed. R. Civ. P. 41(a)(1), if an attorney proposes to dismiss
a suit with the intention of refiling it, the attorney must bring this to the attention of the Judge to
whom the suit has been assigned. Such dismissal requests do not result in automatic dismissal
and must be ruled upon by the assigned Judge.
(b) Dismissal for Failure to Prosecute.
(1) A civil action may be dismissed by the Court for lack of prosecution as follows:
(A) Where no service of process has been made within 90 days after filing of the
complaint;
(B) Where no responsive pleadings have been filed or no default has been entered
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within sixty days after service of process, except when Fed. R. Civ. P. 12(a)(3)
applies or a dispositive motion is pending; or
(C) Where a cause has been pending six months without proceedings being taken
within such period. This provision shall not apply if the cause is awaiting action by
the Court.
(2) Prior to issuance of a dismissal, notice shall be sent to the plaintiff, and plaintiff shall be
allowed fourteen calendar days from mailing of the notice within which to file evidence of
good cause for plaintiff’s failure to act. If no response is received within the allotted time, the
Court may dismiss the civil action. If a timely response is filed, a District Judge or a
Magistrate Judge may order additional time within which to take action, dismiss the civil
action without prejudice, or issue any other appropriate order.
(3) Dismissal under this Rule shall be without prejudice. The Order of Dismissal shall allow
for reinstatement of the action within thirty days for good cause shown.
(4) The failure of an attorney or pro se litigant to keep the Court apprised of an address change
may be considered cause for dismissal for failure to prosecute, when a notice is returned
to a party or the Court for the reason of an incorrect address and no correction is made to
the address for a period of thirty days.
LOCAL CIVIL RULE 43 - TAKING OF TESTIMONY
(a) Oral Testimony on Hearing of Motion. Oral testimony shall not be offered at the hearing on a
motion without prior authorization from the Court, and counsel shall not cause service of any
subpoenas or subpoena duces tecum in connection with any such hearing until such authorization
has been obtained and reasonable notice has been given to all parties.
(b) One Counsel to Examine Witness and Present Objections. Only one counsel for each
separate interest shall conduct the examination of any one witness, or present argument or urge
objections with respect to the testimony of that witness, except with leave of Court.
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LOCAL CIVIL RULE 45 - SUBPOENA
(a) Witness Fees and Mileage. It shall be the duty of the person provoking the issuance of any
subpoena for a witness to cause to be tendered to the witness, at the time of service of the
subpoena, one day's attendance fee and the legal amount for mileage to and from the place of
trial or hearing, as set forth in 28 U.S.C. § 1821, and further to cause to be paid concurrently to any
such witness the daily attendance fee for each day the witness is required to attend said trial
or hearing. No witness shall be liable to attachment for not obeying the subpoena if this Rule
has not been complied with. This Rule does not apply to witnesses for the United States.
(b) Notification of Witnesses. Any person who has provoked the issuance of a subpoena shall
notify the person subpoenaed if the witness’s attendance will not be required in time to prevent
the witness from making a needless trip. Any person failing to comply with this Rule may be
subject to appropriate sanctions.
(c) Subpoena Duces Tecum to Hospitals.
(1) When a subpoena duces tecum is served upon the custodian of records or other qualified
witness from a hospital or other health care facility in an action in which the hospital or facility
is not a party and such subpoena requires the production for trial of all or any part of the
records of the hospital or facility relating to the care and treatment of a patient in such
hospital or facility, it shall be sufficient compliance therewith if the custodian or other
officer of the hospital or facility delivers by registered mail or by hand a true and correct
copy of all records described in such subpoena to the Clerk of Court or other tribunal, or if
there is no Clerk of Court, then the Court or other tribunal, together with the affidavit
described in Subsection (2). Production of the record shall occur prior to the time fixed for
the trial, but no earlier than ten working days before the trial date unless otherwise directed
in the pretrial order. This section is limited to procedures for complying with a subpoena
duces tecum for purposes of trial and shall not affect the rights of parties to production of
documents pursuant to laws governing discovery or other laws pertaining thereto,
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including Fed. R. Evid. 902(11).
(2) The records shall be accompanied by the affidavit of the custodian or other qualified witness,
stating in substance each of the following:
(A) That the affiant is the duly authorized custodian of the records and has authority
to certify the records.
(B) That the copy is a true copy of all records described in the subpoena.
(C) That the records were prepared by the personnel of the hospital or facility, staff
physicians, or persons acting under the control of either in the ordinary course of
the business of the hospital or facility at or near the time of the act, condition, or
event.
(3) If the hospital or facility has none of the records described, or only part thereof, the
custodian shall so state in the affidavit, and deliver the affidavit and such records as are
available in the manner provided in Subsection (1).
LOCAL CIVIL RULE 47 - JURORS
(a) Juries. All juries for the District are drawn and convene as directed by the Court.
(b) Voir Dire Examination. All voir dire examinations of prospective jurors will be conducted by the
Judge alone, unless an exception to this rule is made by the presiding Judge. Counsel may
submit in advance, in writing, questions to be asked upon such examination and may supplement
this by oral request at side bar when necessary.
(c) Argument of Law to Jury Prohibited. In the argument of any case to a jury, counsel shall not
read to the jury from any legal textbook or reported case, instruct the jury on any matter of law, or
argue law to the jury.
(d) Contacting Prospective Jurors and Jurors Before and During Trial.
(1) A lawyer shall not knowingly communicate, either directly or through another, with a juror
or prospective juror unless authorized to do so by law or court order, upon good cause
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shown. 1
(2) A lawyer may not, either personally or through another, send an access request to a juror
or prospective juror through any electronic social media. An access request is a
communication to a juror seeking access to a juror or prospective juror’s social media for
the purpose of obtaining information about a juror or potential juror which the juror or
potential juror has not made public or that would be the type of ex parte communication
prohibited by subsection (1) of this local rule. 2
(3) Unless otherwise limited by law, court order, or subsections (1) and (2) of this local rule,
a lawyer may review, in advance of or during a trial, a juror’s or prospective juror’s public
Internet presence. “Internet presence” includes but is not limited to postings by the juror
or prospective juror on electronic social media that are publicly available and that do not
require an access request. 3
(4) In the course of reviewing a juror’s or potential juror’s Internet presence, if a lawyer
discovers evidence of juror or potential juror misconduct, the lawyer must disclose the
misconduct or potential misconduct to the court as soon as possible. 4
(e) Interviewing Jurors After Trial
(1) No party or their attorney shall, personally or through another person, contact, interview,
examine, or question any juror or alternate, except on leave of court granted upon good
cause shown. If a party believes in good faith that grounds for legal challenge to a verdict
1 This is drawn from the Louisiana Rule of Professional Conduct 3.5(b), ABA Model Rule 3.5(b) and ABA Formal
Opinion 466.
2 This is drawn verbatim from ABA Formal Opinion 466 except that “subsection (1) of this local rule” replaces
“Model Rule 3.5(b).”
3 This is drawn from ABA Formal Opinion 466. See also Jan L. Jacobowitz and John G. Browning, Legal Ethics
and Social Media, A Practitioner’s Handbook, American Bar Association, 2017, at 96. (“[R]esearching the social
media of prospective jurors, and continuing to monitor social media activity during trial, can be vital to seating an
honest, unbiased jury, and to ensuring that any online misconduct is promptly brought to the court’s attention.”)
One writer has suggested that “it is not only permissible for lawyers to research jurors before and during trial
using social media according to currently existing professional standards, but they may have an ethical obligation
to do so.” Jessica L. Boylan, “Jury Duty”: The Ethical Obligations of Attorneys Researching Jurors Using Social
Media Technology, 29 Geo. J. Legal Ethics 867, 869 (2016).
4 This is drawn from ABA Formal Opinion 466.
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exist, he may move for an order permitting an interview of a juror or jurors to determine
whether the verdict is subject to challenge. 5
(2) No juror has any obligation to speak to any person about any case and may refuse all
interviews or comments;
(3) No person may make repeated requests for interviews or questions after a juror has
expressed the desire not to be interviewed;
(4) No juror or alternate who consents to be interviewed may disclose any information with
respect to the following:
(A) The specific vote of any juror other than the juror being interviewed;
(B) The deliberations of the jury; or
(C) Evidence of improprieties in the jury's deliberation.
LOCAL CIVIL RULE 54 - JUDGMENTS; COSTS
(a) Costs. Whenever any civil action scheduled for jury trial is settled or otherwise disposed of prior
to trial, then, except for good cause shown, juror costs, including marshal's fees, mileage and
per diem, shall be assessed as directed by the Court, unless the clerk's office is notified in time to
advise the jurors that it will not be necessary for them to attend.
(b) Award of Attorney's Fees.
(1) In all cases where attorney's fees are sought, the party desiring to be awarded such fees
shall submit to the Court a contemporaneous time report reflecting the date, time involved,
and nature of the services performed. The report shall be in both narrative and statistical
form and provide hours spent and justification thereof.
(2) Any Judge of the Court may, for good cause shown, relieve counsel of the obligation
of filing such a report with the Court.
(c) Memorandum of Costs. Within thirty days after receiving notice of entry of judgment, unless
5 This combines M.D. Florida Local Rule 5.01(d) and N.D. Mississippi Local Rule 48.
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otherwise ordered by the Court, the party in whose favor judgment is rendered and who claims
and is allowed costs, shall serve on the attorney for the adverse party and file with the Clerk of
Court a notice of application to have the costs taxed, together with a memorandum signed by
the attorney of record stating that the items are correct and that the costs have been necessarily
incurred, which is supported by itemization and documentation of all costs requested in each
category.
(d) Objections. Specific objections may be made within fourteen days to any item of costs
supported by affidavit or other evidence, which may be rebutted. The Clerk of Court shall
thereupon tax the costs.
(e) Review of Taxation of Costs. A dissatisfied party may request within seven days that the Court
review the action of the Clerk of Court, in accordance with Fed. R. Civ. P. 54(d).
(f) Security for Costs. In any civil matter, the Court, on motion or its own initiative, may order
any party to file bond for costs or additional security for costs in such an amount and so
conditioned as it may designate.
(g) Payment and Application for Order of Satisfaction of Judgment. Whenever any party shall
pay into court an amount of money which fully satisfies any judgment or decree in principal,
interest, and costs, the attorney may apply to the Court for an order of satisfaction and, after notice
to opposing counsel, or party (if no counsel), upon proof to the Court of such complete
satisfaction, shall be entitled to an order declaring same.
(h) Filing Acknowledgment of Satisfaction Notice in Docket. Upon filing of acknowledgment
of satisfaction made by the judgment creditor or creditor attorney, the Clerk of Court shall note
upon the docket sheet "Judgment Satisfied," together with the date of any judgment.
(i) Seaman and Pauper Cases. In all actions in which the fees of the U.S. Marshal and the Clerk
of Court are not required by law to be paid in advance and in which a seaman or a party
proceeding in forma pauperis prevails, either by judgment or by settlement, no dismissal or
satisfaction of judgment shall be filed or entered until all fees of the U.S. Marshal and the Clerk
22
of Court have been paid, unless otherwise ordered by the Court. It shall be the responsibility of
counsel handling the payment of any settlement to see to it that all fees are paid whether or not
any dismissal or satisfaction of judgment entry is applied for.
LOCAL CIVIL RULE 55 - DEFAULT
In addition to the provisions of Fed. R. Civ. P. 55, the following rules apply to default
judgments:
• All requests for entry of default shall be made to the Clerk of Court in writing;
• The clerk shall provide notice of entry of default to each defendant or the defendant’s
attorney at the last known address;
• A judgment of default shall not be entered until fourteen days after entry of default.
LOCAL CIVIL RULE 56 - SUMMARY JUDGMENT
(a) Motions for Summary Judgment. In addition to the material required to be filed by Local Civil
Rule 7(d), (f), & (g), a motion for summary judgment and opposition thereto shall comply with
the requirements of this rule.
(b) Supporting Statement of Material Facts.
(1) A motion for summary judgment shall be supported by a separate, short, and concise
statement of material facts, each set forth in separately numbered paragraphs, as to which
the moving party contends there is no genuine issue of material fact to be tried. Each fact
asserted in the statement shall be simply and directly stated in narrative without footnotes
or tables and shall be supported by a record citation as required by subsection (f) of this
rule.
(2) Nothing in this Local Civil Rule 56 precludes the parties from filing a stipulated statement
of material facts as to all, or some, of the facts underlying a motion for summary judgment,
or any opposition thereto. In the event the parties file a stipulated statement of material
facts, such stipulated facts shall control and take precedence over any conflicting
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statement of fact filed by any party to the stipulation.
(c) Opposing Statement of Material Facts. A party opposing a motion for summary judgment
shall submit with its opposition a separate, short, and concise statement of material facts. The
opposing statement shall admit, deny or qualify the facts by reference to each numbered
paragraph of the moving party’s statement of material facts and unless a fact is admitted, shall
support each denial or qualification by a record citation as required by this rule. Each such
statement shall begin with the designation “Admitted,” “Denied,” or “Qualified” and, in the case
of an admission, shall end with such designation. The opposing statement may contain in a
separately titled section additional facts, each set forth in a separately numbered paragraph and
supported by a record citation as required by subsection (f) of this rule.
(d) Reply Statement of Material Facts. A party replying to the opposition to a motion for summary
judgment shall submit with its reply a separate, short, and concise statement of material facts
which shall be limited to any additional facts submitted by the opposing party. The reply
statement shall admit, deny or qualify such additional facts by reference to the numbered
paragraphs of the opposing party’s statement of material facts and unless a fact is admitted,
shall support each denial or qualification by a record citation as required by subsection (f) of this
rule. Each such reply statement shall begin with the designation “Admitted,” “Denied,” or
“Qualified” and, in the case of an admission, shall end with such designation.
(e) Motions to Strike Not Allowed. Motions to strike statements of fact are not allowed. If a party
contends that an individual statement of fact should not be considered by the court, the party
may include as part of the response that the statement of fact “should be stricken” with a brief
statement of the reason(s) and the authority or record citation in support. Without prejudice to
the determination of the request to strike, the party shall admit, deny or qualify the statement as
provided in this rule. A party may respond to a request to strike either in the reply statement of
material facts as provided in this rule or, if the request was made in a reply statement of material
facts, by filing a response within 14 days of service of the reply statement. A response to a
request to strike shall be strictly limited to a brief statement of the reason(s) why the statement
24
of fact should be considered and the authority or record citation in support.
(f) Statement of Facts Deemed Admitted Unless Properly Controverted; Specific Record of
Citations Required. Facts contained in a supporting or opposing statement of material facts,
if supported by record citations as required by this rule, shall be deemed admitted unless
properly controverted. An assertion of fact set forth in a statement of material facts shall be
followed by a citation to the specific page or paragraph of identified record material supporting
the assertion. The court may disregard any statement of fact not supported by a specific citation
to record material properly considered on summary judgment. The court shall have no
independent duty to search or consider any part of the record not specifically referenced in the
parties’ separate statement of facts.
(g) Facts Admitted for Purpose of Summary Judgment. Facts deemed admitted solely for
purposes of summary judgment shall not be deemed admitted for purposes other than
determining whether summary judgment is appropriate.
(h) Number of Motions for Summary Judgment. As a general rule, a party may file only one
motion for summary judgment that addresses all issues for which that party seeks summary
judgment. A party may submit multiple motions for summary judgment only after seeking leave
of Court and demonstrating good cause.
LOCAL CIVIL RULE 58 – ENTRY OF JUDGMENT
(a) Judgments/Orders. Judgments and orders must be on a separate document and shall bear
the caption of the action.
(b) Seaman Settlements.
(1) To obtain a judgment based upon a joint stipulation and compromise, a complaint and a
joint motion for approval of the compromise must be filed.
(2) The filing must include:
(A) Statements of the facts claimed by the respective parties;
(B) Copies of all relevant and available medical reports, together with certification that
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the attached medical reports are all relevant reports that are available;
(C) A copy of proposed disbursements. Attorney’s fees need not be set forth unless
requested by the Judge;
(D) A copy of the proposed release.
(3) The Judge must conduct an interview with the plaintiff in open court and on the record.
If the Court approves the compromise, an order will be entered in substantially the following form:
“ORDER
“Considering the joint motion of the parties, the statement of facts attached,
annexed medical report, the proposed release, the Court having independently
interviewed the plaintiff and being satisfied that the plaintiff understands all legal
rights and the consequences of the contemplated settlement that the Court
determines to be fair and without making any determination as to seaman
status,
“IT IS ORDERED that the compromise between plaintiff and defendant with
plaintiff in the amount of $ submitted this date, is hereby approved on the
terms set forth in the proposed release.”
(4) A similar procedure may be followed if a seaman’s case is compromised during trial.
(5) If a matter is compromised after a bona fide complaint has been filed, pursuant to an out-
of-court interview with the plaintiff, a copy of the transcript of such proceedings shall be
filed in the record.
LOCAL CIVIL RULE 62 – STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT
(a) Petitions to Stay Execution of State Court Judgments.
(1) A petitioner who seeks a stay of enforcement of a state court judgment or order shall
attach to the petition a copy of each pertinent state court opinion and judgment. The
petition shall also state whether or not the same petitioner has previously sought relief
arising out of the same matter from this Court or from any other federal court. The
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reasons for denying relief given by any court that has considered the matter shall also
be attached. If reasons for the ruling were not given in a written opinion, a copy of the
relevant portions of the transcript shall be supplied.
(2) If any issue is raised that was not raised, or has not been fully exhausted, in state court,
the petition shall state the reasons why such action has not been taken.
(b) Bond or Other Security. A bond or other security staying execution of a money judgment shall
be in the amount of the judgment plus 20% of the amount to cover interest, costs, and any award
of damages for delay, unless the Court directs otherwise.
LOCAL CIVIL RULE 65 - INJUNCTIONS AND RESTRAINING ORDERS
An application or a motion for a temporary restraining order or for a preliminary injunction shall be
made in a document separate from the complaint and if not, may not be considered by the Court. An
application for a temporary restraining order shall be accompanied by a certificate of the applicant's
attorney, or by an affidavit, or by other proof satisfactory to the Court, stating (1) that actual notice of the
time of making the application, and copies of all pleadings and other papers filed in the action to date or
to be presented to the Court at the hearing, have been furnished to the adverse party's attorney, if known,
otherwise to the adverse party; or (2) the efforts made by the applicant to give such notice and furnish
such copies.
LOCAL CIVIL RULE 65.1 - SECURITY: PROCEEDINGS AGAINST SURETIES
(a) Qualifications of Sureties.
(1) Every bond furnished in connection with a civil proceeding in this Court must have as
surety either (1) a cash deposit equal to the amount of the bond, (2) an obligation of the
United States Government, or (3) a corporation authorized by the Secretary of the U. S.
Treasury to act as surety on official bonds, pursuant to 31 U.S.C. § 9303-9309, except
that a bond for costs may instead have as surety an individual resident of the District
who satisfies the Court that the individual owns real or personal property within the
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District sufficient to justify the full amount of the suretyship.
(2) Only by stipulation of the parties or by order of the Court may some other form of surety
be permitted.
(b) Court Officers Not to Be Sureties. No clerk, marshal, member of the bar, or other officer of
this Court will be accepted as surety on any bond or undertaking in any action or proceeding
in this Court.
LOCAL CIVIL RULE 67 - DEPOSIT IN COURT
(a) Receipt and Deposit of Registry Funds. All funds received in the Registry of the Court in civil
cases whose principal sum is more than $500 will be deposited by the Clerk of Court with the
Court's designated depository, or, if otherwise ordered by the Court, in an interest bearing account
at a rate no lower than ordinary passbook rates. Funds whose principal sum is $500 or less will
be deposited in the Court's U.S. Treasury registry and will bear no interest. In criminal cases,
funds received by the Court for a bail bond will be deposited in the U. S. Treasury and will bear
no interest.
(b) Form of Order.
(1) A proposed order to deposit funds in the Court's Registry shall specify the amount to be
deposited. If the moving party desires to have the funds placed in a special investment,
a proposed order shall be filed with the Court which shall state the type of investment to be
made, the prevailing rate of interest, the length of time the funds are to be invested, and
whether the investment is to be automatically renewed at maturity.
(2) Unless otherwise specifically provided by order of the Court, any interest earned on registry
accounts will accrue to the person or persons ultimately found to be entitled to receive the
original principal amount deposited in the Court's Registry.
(c) Disbursement of Registry Funds.
(1) Funds shall be disbursed from the registry of the Court only upon order of a Judge of this
Court. It shall be the responsibility of counsel filing a motion for disbursement to satisfy
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the Court of the recipient's entitlement to the funds sought to be disbursed.
(2) A motion for disbursement of registry funds shall set forth the principal sum initially
deposited, the amount of principal funds to be disbursed, to whom the disbursement is to be
made, complete mailing instructions, and specific instructions regarding distribution of
accrued interest.
(3) Each motion shall be accompanied by a proposed order which shall contain substantially
the following language: "The Clerk of Court is authorized and directed to draw a check (or
checks) on the funds on deposit in the registry of this Court in the principal amount of $
plus all interest earned less the assessment fee for the administration of funds, (or state
other instruction regarding interest), payable to (name and address of payee), and mail or
deliver the check (or checks) to (payee or attorney) at (full address with zip code)."
(4) If more than one check is to be issued on a single order, the portion of principal due each
payee must be stated separately.
(5) Counsel must also provide the Social Security number or Tax I.D. number for each payee
and complete mailing or delivery instructions for each payee. This information shall be
submitted to the Clerk of Court’s Finance Department and shall not be filed into the case
record.
(6) On all checks drawn by the Clerk of Court on registry funds, the name of the payee shall be
written as that name appears in the Court's order providing for disbursement.
(7) The Clerk of Court will issue disbursements as soon after receipt of the order for
disbursement as the business of the Clerk's office allows, except when it is necessary
to allow time for a check or draft to clear or when otherwise directed by the Court.
LOCAL CIVIL RULE 72 - MAGISTRATE JUDGES; PRETRIAL ORDERS
(a) Method of Review of Magistrate Judge Determination by a District Judge. A motion to
review a Magistrate Judge’s order or an objection to the proposed findings and recommendation
of a Magistrate Judge must be made by filing a motion for review of the order or an objection to
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the proposed findings and recommendation, along with a supporting memorandum.
(b) Referral of Proceedings in Civil Matters. Proceedings in civil matters may be referred to a
Magistrate Judge for decision or for report and recommendation, in accordance with 28 U.S.C.
§ 636(b)(1)(A) and (B), and any standing orders issued by the District Judge to whom the case
is assigned.
LOCAL CIVIL RULE 73 - MAGISTRATE JUDGES; TRIAL BY CONSENT AND APPEAL
OPTIONS
(a) Jurisdiction.
(1) All Magistrate Judges are designated fully to exercise all powers and jurisdiction, and
perform to the fullest extent the duties prescribed in 28 U.S.C. § 636(a), (b) and (c).
(2) Nothing in these rules shall preclude the Court, or a Judge of this Court, from conducting
any proceeding itself rather than by a Magistrate Judge.
(b) Referral of Cases. The Clerk of Court shall refer cases to the Magistrate Judges in
accordance with the Court's general orders and standing orders issued by the Judge to whom
the case is assigned.
(c) Cases Referred for Trial Under 28 U.S.C. § 636(c). Upon the written consent of all parties
and referral by the District Judge to whom the case is assigned, a Magistrate Judge may conduct
any and all proceedings in a civil case which is filed in this Court, including the conduct of a jury or
non-jury trial and post-judgment proceedings, and shall order the entry of a final judgment. In the
course of conducting such proceeding a Magistrate Judge shall hear and determine any and all
pre-trial and post-trial motions which are filed by the parties, including dispositive motions.
(d) Other Duties. A Magistrate Judge may be assigned additional duties under 28 U.S.C. §
636(b)(3), including the following matters, which are set forth for illustrative purposes only:
(1) Conduct pre-trial conferences, settlement conferences, omnibus hearings, and
related pre-trial proceedings in civil and criminal cases;
(2) Accept waivers of indictment, pursuant to Fed. R. Civ. P. 7(b);
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(3) Conduct voir dire and select grand and petit juries for the Court;
(4) Conduct necessary proceedings in a probation revocation action;
(5) Issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad
prosequendum, or other orders necessary to obtain the presence of parties, witnesses,
or evidence needed for Court proceedings;
(6) Order the exoneration or forfeiture of bonds;
(7) Conduct proceedings for the collection of civil penalties of not more than $200 assessed
under the Federal Boat Safety Act of 1971, in accordance with 46 U.S.C.
§ 4311(d);
(8) Conduct examinations of judgment debtors in accordance with Fed. R. Civ. P. 69;
(9) Conduct proceedings for initial commitment of narcotics addicts under Title III of the
Narcotic Addict Rehabilitation Act;
(10) Perform the functions specified in 18 U.S.C. § 4107, 4108, and 4109, regarding
proceedings for verification of consent by offenders to transfer to or from the United States
and the appointment of counsel therein;
(11) Conduct extradition proceedings pursuant to 18 U.S.C. § 3184;
(12) Discharge indigent prisoners or persons imprisoned for debt under process or
provisions of 28 U.S.C. § 2007;
(13) Issue attachment or order to enforce obedience to an Internal Revenue Summons to
produce books and give testimony under 26 U.S.C. § 6704(b);
(14) Upon application, cause the arrest and detention of seaman in accordance with 22
U.S.C. § 256 - 258; conduct proceedings for disposition of deceased seaman’s effects
under 46 U.S.C. § 10706, et seq. conduct hearings of offenses arising under
46 U.S.C. § 11501, and submit reports and recommendations to the District Judge;
(15) Review appeals of Social Security cases and submit a report and recommendation to the
District Court;
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(16) Enter a scheduling order and modify a scheduling order upon a showing of good cause
under Fed. R. Civ. P. 16(b);
(17) Issue Order for Service by Publication under 28 U.S.C. § 1655;
(18) Issue appropriate Orders for Execution of Judgment;
(19) Issue Orders confirming sales by the U. S. Marshal under 28 U.S.C. § 2001 and
2004.
(20) Perform any additional duty that is consistent with the Constitution and laws of the
United States.
LOCAL CIVIL RULE 77 - DISTRICT COURTS AND CLERKS
Conference in Chambers - Notice.
Except as to applications normally considered and acted upon ex parte, no ex parte
communication with a Judge in chambers is allowed, except upon notice of the date and hour of the
proposed conference to opposing counsel, or if counsel is unknown, to the opposing party.
LOCAL CIVIL RULE 78 - MOTION DAY
(a) Motion Day. Each Judge may designate a particular day or days as Motion Day. On this day
priority may be given to the presentation of motions. Motions may also be designated for hearing
at some other time by order of the Judge to whom the action is assigned. On Motion Day, the
Court may also consider reviews from Magistrate Judges' rulings, contradictory motions
requiring action by the Court after hearing and other matters required by law or court order to be
heard and determined summarily.
(b) Oral Argument. Oral argument shall be allowed only when ordered by the Court. All other
motions shall be decided by the Court on the basis of the record, including timely filed briefs and
any supporting or opposing documents filed therewith.
LOCAL CIVIL RULE 79 - BOOKS AND RECORDS KEPT BY THE CLERK OF COURT AND
ENTRIES THEREIN
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(a) Withdrawal of Files. Files in the office of the Clerk of Court may be removed from it only for the
use of the court or with leave of court or permission of the Clerk of Court first obtained.
(b) Electronic Evidence for Trials. Evidence offered during trial shall be provided by each party
in electronic format as described in the Court’s Administrative Procedures, court orders, and
notices.
(c) Electronic Evidence for All Other Proceedings. Evidence offered during proceedings other
than trial shall be provided by each party in electronic format as described in the Court’s
Administrative Procedures, court orders and notices.
(d) Custody of Exhibits With the Clerk of Court.
(1) These rules provide for all exhibits offered and received in evidence to be submitted in
electronic format; therefore, the electronic evidence becomes the official record.
(2) After being received in evidence, all exhibits shall be placed in the custody of the Clerk
of Court, in electronic format, as outlined in the Court’s Administrative Procedures, court
orders and notices, unless otherwise ordered by the Court.
(e) Custody of Exhibits With the Offering Party.
(1) Offering parties are required to submit digital photographs of all oversized or physical
exhibits, received into evidence (e.g., models, enlarged diagrams), properly showing
significant features of those exhibits.
(2) At the conclusion of a trial or proceeding, the party offering such exhibits shall retain custody
of the physical exhibits and be responsible to the Court for preserving them in their condition
as of the time admitted until any appeal is resolved or the time for appeal has expired.
(3) The party retaining custody shall make such exhibits available to opposing counsel for use
in preparation of an appeal and be responsible for their safe transmission to the appellate
court, if required.
(f) Disposition of Exhibits. All exhibits in the custody of the Clerk of Court shall be removed within
thirty days of the final disposition of the case. The party offering exhibits shall be responsible
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for their removal and shall give a detailed receipt for the clerk's records. If the parties or their
attorneys fail or refuse to remove exhibits within thirty days, the exhibits may be destroyed or
otherwise disposed of by the Clerk of Court.
(g) Offer and Marking of Exhibits. Before referring to or using or offering in evidence any exhibit,
(whether book, paper, document, model, diagram, or any other type of exhibit), counsel shall
first ensure that it is marked for identification.
LOCAL CIVIL RULE 83 - RULES BY DISTRICT COURTS; JUDGES' DIRECTIVES
(a) Naturalization. The District Court administers the Oath of Allegiance to applicants for
naturalization.
(b) Attorneys.
(1) Roll of Attorneys. The bar of this Court consists of those lawyers admitted to practice
before this Court who have taken the prescribed oath.
(2) Eligibility. Any member in good standing of the bar of the Supreme Court of
Louisiana is eligible for admission to the bar of this Court.
(3) Procedure for Admission.
(A) Each applicant for admission to the bar of this Court shall file with the Clerk of
Court a written petition signed by the applicant and endorsed by two members of
the bar of this Court listing the applicant's office address, general and legal
education, the courts that have admitted the applicant to practice, and stating that
the applicant is qualified to practice before this Court, is of good moral character,
and is not subject to any pending disbarment or professional discipline procedure
in any other court. If the applicant has previously been subject to any disciplinary
proceedings, full information about the proceedings, the charges, and the result
must be given.
(B) The petitioner may then be admitted in open court, or in chambers, by electronic
means or by mail, and upon taking an oath to conduct oneself as an attorney or
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counselor of this Court uprightly and according to law and to support the
Constitution of the United States. The petitioner shall then, under the direction
of the Clerk of Court, pay the fee required by law and any other fee required by
the Court. Unless a motion for admission is made within six months of the filing of
the petition, the Clerk of Court may destroy the petition and a new petition will be
necessary before the applicant can be admitted.
(4) Attorneys Representing the United States. Attorneys representing the United
States or any of its departments, agencies, or employees are permitted to appear on
behalf of the United States government and to represent its interests in any matter in
which the United States government is interested, upon written request to the Clerk of Court
and proper introduction to the Court by the United States Attorney for the District or one of
the Assistant United States Attorneys.
(5) Payment of Annual Fees.
(A) In addition to the fee paid upon admission to the bar of this Court, every attorney
so admitted shall pay to the Clerk of Court an annual fee in an amount to be
determined by the Court. The fee shall be paid triennially not later than January 31
of the calendar year in which such payment is due.
(B) At the time of admission, the attorney must make the initial triennial payment.
Such fee will not be prorated within any calendar year, but an attorney first
admitted in the second or third year of any triennial period will be required to make
proportionate payment only for those years of such period in which the attorney’s
membership in the bar is effective.
(C) Any attorney who fails to pay the annual fee shall be summarily suspended,
provided a notice of delinquency has been sent to the attorney’s last address
known to this Court at least thirty days prior to such suspension.
(D) Any attorney suspended under the provisions above shall be automatically
reinstated without further order upon payment of all arrears.
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(E) An attorney who has retired or is not engaged in the practice of law before this
Court may advise the Clerk of Court in writing of the desire to assume inactive
status and discontinue the practice of law before this Court. Upon the filing of such
notice, the attorney shall no longer be eligible to practice law in this Court and
shall not be obligated for further payment of the fee prescribed herein.
(F) Upon a filing of a notice to assume inactive status, the attorney shall be removed
from the roll of those classified as active until and unless the attorney requests
and is granted reinstatement to the active rolls. Reinstatement shall be granted
(unless the attorney is then subject to an outstanding order of suspension or
disbarment) upon the payment of any fees due as prescribed by this Rule.
(6) Rules of Conduct. This Court hereby adopts the Rules of Professional Conduct of the
Louisiana State Bar Association, as hereafter may be amended from time to time by the
Louisiana Supreme Court, except as otherwise provided by a specific rule or general
order of a court.
(7) Attorney Representation. In all cases before this Court, any party who does not
appear in proper person must be represented by a member of the bar of this Court, except
as set forth below.
(8) Visiting Attorneys.
(A) Any member in good standing of the bar of any court of the United States or of
the highest court of any state and who is not a member of the bar of this Court,
may, upon written motion of counsel of record who is a member of the bar of this
Court, by ex parte order, be permitted to appear and participate as co-counsel
in a particular case. Those attorneys authorized to appear pursuant to Fed. R.
Civ. P. 45(f) are excluded from this Rule.
(B) The motion must have attached to it a certificate from the presiding Judge or Clerk
of the highest court of the state, or court of the United States, issued within six
months of filing of the motion, where the attorney has been so admitted to practice,
36
showing that the applicant attorney has been so admitted in such court, and that
the applicant is in good standing.
(C) The applicant attorney shall state under oath whether any disciplinary
proceedings or criminal charges have been instituted against the applicant, and if
so, shall disclose full information about the proceeding or charges and the ultimate
determination, if any.
(D) The applicant attorney shall pay a fee to the Clerk of Court in an amount to be
determined by the Court and shall submit the following oath:
I DO SOLEMNLY SWEAR (OR AFFIRM OR PROMISE) that I will conduct
myself as an attorney and counselor of this Court, uprightly and according
to law; and that I will support the Constitution of the United States.
(E) An attorney permitted to appear may participate in a particular action or
proceeding in all respects, except that all documents requiring signature of counsel
for a party may not be signed solely by such attorney, but must bear the signature
also of local counsel with whom the visiting attorney is associated.
(F) Local counsel shall be responsible to the Court at all stages of the proceedings.
(G) Designation of the visiting attorney as “Lead Attorney” pursuant to LR11(b)(1)
herein shall not relieve the local counsel of the responsibilities imposed by this
Rule.
(H) The fee described in this Rule is applicable in each case in which the visiting attorney
seeks recognition as qualified counsel.
(9) Waiver by Court Order of Requirements for Local Counsel. In any civil action a
counsel who is ineligible to become a member of the bar of this Court under
LR83.2(b)(2), may be authorized by court order to appear and act for any party without
joinder of local co-counsel when it is shown that:
(A) The party would suffer hardship by joinder of local counsel; and
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(B) The obligations and duties of counsel in the particular litigation will be
fulfilled.
(10) Familiarity With and Compliance With Rules. Everyone who appears in Court in
proper person and every attorney permitted to practice in this Court shall be familiar with
these Rules. Willful failure to comply with any of them, or a false certificate of
compliance, shall be cause for such disciplinary action as the Court may see fit, after
notice and hearing.
(11) Revocation of Admission.
(A) Any person admitted to practice before the Court shall give written notice to the
Clerk of Court of:
(i) Disbarment or suspension by any court or bar association; and
(ii) Conviction of any felony violation of any laws, misdemeanors, or
municipal ordinances, other than traffic violations.
(B) Pending any appeal of the conviction, suspension, or disbarment, a member of the
bar of this Court may be suspended from further practice before this Court.
(C) Any member of the bar of this Court may be disbarred or otherwise disciplined
after such hearing as the Court may in each particular instance direct, but any
member of the bar of this Court who has been disbarred or removed, or hereafter
may be disbarred or removed, from the Bar of the State of Louisiana, shall be
removed from the bar of this Court and the member’s name stricken from the roll.
Upon notification from the Eastern or Western District of Louisiana or the Fifth
Circuit Court of Appeals of an attorney’s suspension in that court, that attorney
being a member of the bar of this Court may be suspended from further practice
before this Court.
(12) Attorney Discipline.
(A) After notice and an opportunity to show cause to the contrary, any Judge
38
including active Judges, Senior Judges, Bankruptcy Court Judges, and
Magistrate Judges may sanction any attorney for failure to comply with these
rules, the Louisiana Rules of Professional Conduct, or any other rule of court.
(B) A Judge initiating disciplinary proceedings against an attorney shall provide written
notice in the form of an Order to Show Cause. The Order to Show Cause shall (1)
state the alleged grounds for discipline, (2) state the range of possible sanctions to
be imposed, and (3) inform the attorney of the right to counsel throughout the
disciplinary proceedings. The Clerk of Court shall assign the Order to Show Cause
a miscellaneous action number, and shall forward a copy of the Order to Show
Cause to the attorney named in the Order, and to the Chief Judge.
(C) Unless otherwise indicated in the Order to Show Cause, the attorney named in the
Order to Show Cause shall have fourteen days to file a response, if any. After
the period for filing a response has elapsed, the Court shall conduct a hearing
on the disciplinary action. The hearing shall be public and on the record.
(D) If, after a hearing, it is shown by clear and convincing evidence that the attorney
committed the violations that are the basis of the Order to Show Cause, the
initiating Judge shall have discretion to impose such disciplinary action as the
Judge may see fit. Possible sanctions include, but are not limited to, reprimand,
ethics training, suspension from practice in the Middle District, and/or civil fines.
However, before an attorney may be suspended from practice in the Middle
District for a period exceeding sixty days, the approval of the Chief Judge or the
approval of the active Judges of the Middle District must be obtained.
(E) Upon imposition of any sanction which includes suspension from practice in the
Middle District, the Clerk of Court shall report the attorney and the sanction(s)
imposed to the Clerks of Court for the U.S. Fifth Circuit Court of Appeals, the
Eastern District of Louisiana, the Western District of Louisiana, and the Bar of the
State of Louisiana.
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(13) Continuing Representation, Withdrawals, Substitution of Counsel. All counsel of
record shall be held to represent the party for whom counsel appears unless the Court
permits said counsel to withdraw from the case. Counsel may obtain permission to
withdraw only upon filing: 1) a motion to withdraw filed by the counsel seeking to withdraw
or 2) a motion to withdraw filed by the client’s other counsel of record, which includes
either the withdrawing counsel’s signature or a certification that the withdrawing counsel’s
consent to file the motion has been obtained. If new counsel is not substituted and no
counsel of record will remain to represent the client, the motion to withdraw shall contain:
1) the present address of the client and the client's telephone number if the client can be
reached by telephone and 2) a certification by counsel that the client has been notified of
all deadlines and pending court appearances. The certificate of service accompanying
the motion shall indicate that it was served on the client by certified mail or an affidavit shall
be included stating why such service has not been made. If the motion to withdraw
includes a request for substitution of new counsel, then the motion must also be signed
by counsel seeking to be enrolled in substitution for the withdrawing counsel or include a
certification that the enrolling counsel’s consent to file the motion has been obtained.
(14) Additional Counsel. Where counsel has appeared for any party, other counsel may
appear for the same party only:
(A) Upon motion of counsel of record for that party or motion by counsel seeking to be
enrolled as additional counsel, which includes either counsel of record’s signature or a
certification by the filer that counsel of record’s consent to file the motion has been
obtained; or
(B) Upon motion of counsel seeking to be enrolled, after counsel of record for the party
has been permitted to withdraw or has died, or is incapacitated, or cannot be found
as established in the motion; or
(C) Upon motion of a party after notice to counsel of record and a hearing thereon.
(15) Appearances by Law Students.
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(A) Limited appearances by law students, if the person on whose behalf the student
is appearing has consented to that appearance in writing and the supervising
lawyer has also approved the appearance in writing, are allowed in any civil matter
in which a fee is not provided for or could not reasonably be anticipated.
(B) The written consent and approval referred to above shall be filed in the record
of the case and shall be brought to the attention of the Judge.
(C) The supervising lawyer must personally be present throughout the proceedings
and shall be responsible for the manner in which they are conducted.
(D) Prerequisites to Law Student Appearances
In order to make an appearance pursuant to this rule, the law student must:
(i) Be duly enrolled in a law school in this state approved by the American
Bar Association;
(ii) Have completed four full-time semesters of legal studies or the
equivalent if the school is on some basis other than a semester basis;
(iii) Be certified by the dean or chancellor of the student’s law school as being
of good moral character, competent legal ability, and adequately trained
to perform as a legal intern;
(iv) Be introduced to the Court by an attorney admitted to practice in this Court;
(v) Neither ask for nor receive remuneration of any kind for services;
(vi) Take the following oath:
"I, , do solemnly swear that I will support the
Constitution of the United States and of the State of Louisiana and
have read and am familiar with the Code of Professional
Responsibility of the Louisiana State Bar Association, and I
understand that I am bound by the precepts therein contained as
fully as if I were admitted to the practice of law in Louisiana; and
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that I further accept the privileges granted to me as well as the
responsibilities which will devolve upon me, so that I may be more
useful through my clinical education in the service of justice."
(E) Certification of Students
The certification of a student by the law school dean or chancellor:
(i) Shall be filed with the Clerk of Court and, unless sooner withdrawn, it shall
remain in effect for twelve months after it is filed, or until the announcement
of the results of the first bar examination following the student's
graduation, whichever comes earlier. For any student who passes that
examination, the certification shall continue in effect until the date one is
admitted to the bar;
(ii) May be withdrawn by the dean or chancellor at any time by mailing a notice
to that effect to the Clerk of Court. The notice need not state the cause
for withdrawal;
(iii) May be terminated by this Court at any time without notice or hearing
and without any showing of cause. Notice of the termination may be filed
with the Clerk of Court.
(F) Supervision of Students
The member of the bar under whose supervision an eligible law student works
shall:
(i) Be admitted to practice before this Court, and be approved by the dean
or chancellor of the law school in which the law student is enrolled for
service as a supervising lawyer for this program;
(ii) Assume personal professional responsibility and liability for the student's
guidance in any work undertaken and for supervising the quality of the
student's work;
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(iii) Assist the student in the student’s preparation.
(16) Courtroom Decorum. The purpose of this Rule is to emphasize, not to supplant, certain
portions of those ethical principles applicable to the lawyer's conduct in the courtroom. In
addition to the other requirements, therefore, lawyers appearing in this Court, unless
otherwise directed by the presiding Judge, shall:
(A) Stand as court is opened, recessed, or adjourned.
(B) Stand when the jury enters or retires from the courtroom.
(C) Stand when addressing, or being addressed by, the Court.
(D) Stand at the lectern while examining any witness; except that counsel may
approach the clerk's desk or the witness for purposes of handling or tendering
exhibits.
(E) Stand at the lectern while making opening statements or closing arguments.
(F) Address all remarks to the Court, not to opposing counsel.
(G) Avoid disparaging personal remarks or acrimony toward opposing counsel and
remain wholly detached from any ill feeling between the litigants or witnesses.
(H) Refer to all persons, including witnesses, other counsel, and the parties by their
surnames and not by their first or given names.
(I) Only one attorney for each party shall examine, or cross examine, each witness.
(J) Counsel should request permission before approaching the bench; and any
documents counsel wish to have the Court examine should be handed to the clerk.
(K) Any paper or exhibit not previously marked for identification should first be handed
to the clerk before it is tendered to a witness for the person’s examination;
and any exhibit offered in evidence should, at the time of such offer, be handed to
opposing counsel.
(L) In making objections, counsel should state only the legal grounds for the objection
and should withhold all further comment or argument unless elaboration is
43
requested by the Court.
(M) In examining a witness, counsel shall not repeat or echo the answer given by the
witness.
(N) Offers of, or requests for, a stipulation should be made privately, not within hearing
of the jury.
(O) In opening statements and in arguments to the jury, counsel shall not express
personal knowledge or opinion concerning any matter in issue, and shall not
suggest to the jury, directly or indirectly, that it may or should request transcripts
or the reading of any testimony by the reporter.
(P) Counsel shall admonish all persons at counsel table, including the client, as well as
others present in court, including but not limited to the client’s representatives,
witnesses, friends and family of parties that gestures, facial expressions, audible
comments, or the like, as manifestations of approval or disapproval during the
testimony of witnesses, or at any other time, are absolutely prohibited.
(Q) At all times Judicial Officers shall be addressed as Judge (Surname), or
Your Honor.
(R) All attorneys shall dress appropriately when appearing or observing in court or
chambers. Male attorneys shall wear coats and ties; female attorneys shall wear
business attire. This attire is required regardless of whether the attorney is
appearing as attorney of record. Litigants, witnesses, jurors, and spectators shall
be neatly, cleanly, and appropriately attired.
(c) Building Security
(1) Reasons for Building Security. The purpose of these rules is to minimize
interference with and disruptions of the Court's business, to preserve decorum in
conducting the Court's business and to provide effective security in the buildings wherein
proceedings governed by these Rules are held. These buildings are hereinafter
collectively referred to as "the premises".
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(2) Security Personnel. The term "Security Personnel" means the U.S. Marshal or Deputy
Marshal, Federal Protective Service Inspectors or a deputized Court Security Officer.
(3) Entering the Building. All persons entering the courthouse shall be required to present
valid government issued identification.
(4) Carrying of Parcels, Bags, and Other Objects. Security personnel shall inspect all
objects carried by persons entering the premises. No one shall enter or remain in the
premises without submitting to such an inspection.
(5) Search of Persons. Security personnel may search the person of anyone entering the
premises or any space in it. Anyone who refuses to permit such a search shall be denied
entry. Should any defendant in a criminal case whose appearance is required refuse to
permit such a search, security personnel shall deny the person entry and shall
immediately notify the Judge before whom the appearance is required. The Judge
may take the appropriate action, including, but not limited to, detention and search, and
order of revocation of bond, if the defendant is on bond.
(6) Unseemly Conduct.
No person shall:
(A) Loiter, sleep, or conduct oneself in an unseemly or disorderly manner in the
premises or on court grounds;
(B) Interfere with or disturb the conduct of the Court's business in any manner;
(C) Eat or drink in the halls of the premises or in the courtrooms, unless
authorized by the Court;
(D) Block any entrance to or exit from the premises or interfere in any person's entry
into or exit from the premises.
(7) Entering and Leaving. All persons shall enter and leave courtrooms only through such
doorways and at such times as shall be designated by the security personnel.
(8) Spectators. Spectators shall enter or depart courtrooms only at such times as the
45
presiding Judge may direct. No spectator shall enter or remain in any courtroom unless
spectator seating is available. Spectators shall sit in that portion of the courtroom
designated by the U.S. Marshal. Spectators excluded because of lack of seating and
spectators leaving the courtroom while court is in session or at any recess shall not loiter
or remain in the area adjacent to the courtroom. All persons present in a courtroom shall
conduct themselves in a manner demonstrating respect for the Court and all persons must
dress with dignity.
(9) Cameras and Electronic Equipment.
(A) Unless authorized by the Court, no camera, recording equipment, cellular
telephone, tablet, pager, laptop computer or other type of electrical or electronic
device shall be brought into the premises. No person shall introduce or attempt
to introduce any type of camera, recording equipment, or other type of electrical or
electronic device into the premises without court permission. No person shall
introduce any type of camera, recording equipment or other type of electric or
electronic device into the premises while, or immediately before or after, the grand
jury is in session.
(B) Attorneys appearing before the Court and serving as counsel of record and law
enforcement officers are allowed to enter the courthouse with a cell phone, pager,
smart phone, laptop, or tablet without seeking permission from the Chief Judge or
any other judicial officer. While in the courtroom or chambers the use of the cell
phone is limited to accessing the calendar feature, provided the Judge has so
directed. Attorneys and law enforcement officers seated in the courtroom may not
use cell phones, pagers, smart phones, laptops or tablets, unless otherwise
permitted by the presiding Judge.
(C) The permission to bring a cell phone, pager, smart phone, laptop or tablet into the
building is subject to the following sanction: Any cell phone, pager, smart phone,
46
laptop or tablet which rings or makes any other noise in the courtroom, chambers
or in the hallways outside of a courtroom shall be subject to seizure and may not
be returned to the owner.
(10) Photographs, Radio, or Television Broadcasting.
(A) The taking of photographs in the courtroom or its environs, or radio or television
broadcasting from the courtroom or its environs, during the progress of or in
connection with judicial proceedings, including proceedings before a judicial officer,
whether or not court is actually in session, is prohibited.
(B) As used in these rules the term "environs" means any place within any United
States Courthouse wherein these Rules apply, and any place wherein a Judicial
Officer may conduct judicial proceedings and any public place immediately
adjacent thereto.
(C) Use of audio, video and photographic recording equipment is banned from all
areas of the courthouse grounds other than the areas expressly
permitted in this paragraph. Permitted areas consists of the area located east and
directly adjacent to the south half of the front courthouse steps, referred to as the
“media bullpen,” and the public sidewalks and flagpoles area located on the
perimeter of the courthouse block (see diagram posted on the Court’s website).
(D) No area within the bullpen may be reserved for exclusive use of any one or more
entities.
(E) Media interviews on the courthouse grounds shall be conducted only in the media
bullpen, the flagpoles area, and the portion of the public sidewalks. Media
interviews shall occur solely at the discretion and convenience of the parties,
witnesses, attorneys, and others.
(F) No member of the media may be present at any time in the restricted area located
on the west side of the rear of the courthouse property (located on
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7th Street between Florida and Laurel Streets).
(G) The media are prohibited from interfering with the orderly entrance or exit of any
person to or from the courthouse.
(H) Members of the media should visibly display their Louisiana State Police media
identification card or its equivalent on the outside of the holder’s clothing at all
times.
(11) Unauthorized Presence When Grand Jury Is in Session. No person, except grand
jurors, witnesses, government attorneys, agents or employees, court personnel
concerned with any grand jury proceeding, private attorneys whose clients have been
called to appear as witnesses at a session of the grand jury then in progress or about to
commence, and others specifically authorized, shall be allowed to remain in the hall
adjacent to the grand jury space beyond the entrance door.
(12) Interviewing Witnesses Before Grand Jury. No person shall attempt to question,
interview, or interfere with any person who may testify or who has testified before any
grand jury within the premises.
(13) Weapons. No person shall be admitted to or allowed to remain in the premises with any
object that might be employed as a weapon unless the person has been authorized
in writing by the Chief Judge to do so, or unless the person is a U.S. Marshal, Federal
Protective Service Inspector, Court Security Officer, U. S. Probation Officer, or person
designated by the Court to assist U.S. Marshals or Federal Protective Service Inspectors.
(14) Enforcement. Security personnel shall enforce the whole of Rule 83.3. In addition to
such other penalties as may be prescribed by law, violators of this rule may be held in
contempt of court and subject to the imposition of sanctions.
(d) Bankruptcy
(1) Reference to Bankruptcy Judge. Under the authority of 28 U.S.C. § 157 the
District Court refers to the Bankruptcy Judges of this District all cases under Title 11 and
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all proceedings arising under Title 11 or arising in or related to a case under Title 11. As
set forth in 28 U.S.C. § 157(b)(5), personal injury tort and wrongful death claims shall
be tried in the District Court.
(2) Appeal to the District Court. Appeals from judgments, orders, or decrees of a
Bankruptcy Judge shall be governed by Part VIII of the Bankruptcy Rules (Section 8001, et
seq.) and the applicable local rules of the District and Bankruptcy Courts.
(3) Motion Seeking Relief From a District Judge. Motions filed seeking relief from a
District Judge, including motions under 28 U.S.C. § 157(d) (for withdrawal of reference),
28 U.S.C. § 157(c)(1) (objections to proposed findings of fact and conclusions of law),
and Bankruptcy Rule 8005 (for stay pending appeal), shall be governed by the Rules set
out below.
(A) Original Motion
(i) Applicable Rules. The Local Rules for the District Court shall be
applicable to all motions filed in bankruptcy cases or proceedings seeking
relief from a District Judge. In those instances where the Bankruptcy
Rules require a report from the Bankruptcy Judge, (e.g., Bankruptcy Rules
5011(b) and 9027(e)), the local Bankruptcy Rules shall apply until such
report is issued.
(ii) Place of Filing. All motions described in this section above shall be filed
with the Clerk of the Bankruptcy Court.
(iii) Contents of Motion. In addition to the normal requirements of papers
filed in the Bankruptcy Court, motions described in this section above shall
include:
(a) A clear and conspicuous statement opposite the title of the action
that "RELIEF IS SOUGHT FROM A UNITED STATES DISTRICT
JUDGE."
49
(b) A designation of the portions of the record of the proceedings in
the Bankruptcy Court that will reasonably be necessary or pertinent
for consideration of the motion by the District Court.
(c) A list showing each party with an interest in the motion and for each
party shown, their attorney along with such attorney's mailing
address.
(iv) Subsequent Filings. Any filing in a matter under this section subsequent
to the "Original Motion" set forth above shall be filed with the Clerk of the
District Court and shall comply with all rules of such court.
(v) Duties of the Clerk of the Bankruptcy Court. Upon filing of an original
motion, as set forth above, the Clerk of the Bankruptcy Court shall promptly
transmit to the Clerk of the District Court:
(a) The original motion and all attachments to the motion, and
(b) The portion of the bankruptcy court record designated in
accordance with Rule (3)(b) above.
(B) No Automatic Stay. There shall be no automatic stay of Bankruptcy Court
proceedings as a result of the filing of any motion under the above. Any stay of
proceedings will result only from an order of the Bankruptcy Court or the District
Court.
(C) Obligation of the Parties. It shall be the obligation of each and every party and
their attorney to apprise the Bankruptcy Court and the United States District Court
of orders entered in either forum which significantly affect matters pending in
either forum.
(4) Record Transmitted to the District Court.
(A) The authority to retain any portion of the record on appeal or in connection with a
motion seeking relief from a District Judge is delegated to the Clerk of the
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Bankruptcy Court. The Clerk of the Bankruptcy Court will transmit an email to the
District Court listing the documents pertaining to the appeal or motion. The District
Clerk will obtain those documents via the PACER [Public Access to Court
Electronic Records] system.
(B) In the event that papers are retained in the Bankruptcy Court and certified copies
are transmitted to the District Court, the Bankruptcy Court may order the party upon
whose instance the papers were required to reimburse the Clerk of the Bankruptcy
Court for the cost of making the copies.
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LOCAL ADMIRALTY RULES
LOCAL ADMIRALTY RULE 4 - SUMMONS AND PROCESS
(a) Process.
(1) In addition to the requirements set forth in Rule B of the Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions, the Clerk of this Court
shall not issue a summons and process of attachment and garnishment until such
time as the verified complaint and affidavit filed pursuant to Supplemental Rule B is
reviewed by the Court and it determines if the conditions set forth in Rule B appear
to exist and enters an order so stating, and authorizing process of attachment and
garnishment. Supplemental process enforcing the Court's order may be issued by
the Clerk of Court upon application without further order of the Court. If the plaintiff
or plaintiff’s attorney certifies that exigent circumstances make review by the Court
impracticable, the Clerk of Court shall issue a summons and process of attachment
and garnishment and the plaintiff shall have the burden on a post-attachment
hearing under LAR 4.1(C) to show that exigent circumstances existed.
(2) In connection with actions in rem pursuant to Supplemental Rule C, the verified
complaint and supporting affidavit filed in connection therewith shall be reviewed by
the Court and no warrant for the arrest of a vessel shall issue unless the Court
determines that the conditions for an action in rem appear to exist, and enters an
order so stating, and authorizing a warrant. Supplemental process enforcing the
Court's order may be issued by the Clerk of Court upon application without further
order of the Court. If the plaintiff or plaintiff’s attorney certifies that exigent
circumstances make review by the Court impracticable, the Clerk of Court shall
issue a summons and warrant for the arrest and the plaintiff shall have the burden
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on a post-arrest hearing under LAR 4.1(C) to show that exigent circumstances
existed.
(3) The procedure for release from arrest or attachment either pursuant to
Supplemental Rule B or C shall be as follows: Whenever property is arrested or
attached, any person claiming an interest in it shall be entitled to a prompt hearing at
which the plaintiff shall be required to show why the arrest or attachment should not
be vacated or other relief granted consistent with these rules. This rule shall have
no application to suits for seamen's wages when process is issued upon a
certification of sufficient cause signed pursuant to 46 U.S.C. § 603 and 604.
(4) If the Judge to whom the particular case is assigned is not available, matters
referred to in this LAR 4 (a) may be presented to any other Judge without the
necessity of reassignment of the case.
(5) To ensure timely service, Plaintiffs are required to contact the United States
Marshal’s Service before proceeding for a complete list of instructions.
(6) Absent specific instructions from the Court as stated in the Court’s orders, the
United States Marshal’s Service will not arrest a vessel that is sinking or sunk, on
fire, leaking oil, or emitting hazardous cargo.
(7) Staffing limitations, the priority of criminal matters, and the coordination necessary to
effect the arrest of a vessel make it advisable to deliver all documents and fees to
the United States Marshal’s Service at least two business days in advance of the
requested date of arrest. Due to the dangers associated with the seizure of a
vessel in waters after dark, seizures will not be executed after sundown unless
specifically ordered by the presiding Judge. All properly completed and signed
documents, and all fees must be delivered to the United States Marshal’s Service
no later than 2:00 p.m. Monday through Friday to effect a seizure on the same day, or
no later than 2:00 p.m. on Friday to effect a seizure on the weekend.
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(8) Any party seeking the arrest of a vessel or attachment of property must deposit a
sum with the Unites States Marshal sufficient to cover the United States Marshal’s or
substituted custodian’s estimated fees and expenses of arresting and keeping the
property for at least ten days. The United States Marshal is not required to execute
process until the deposit is made.
LOCAL ADMIRALTY RULE 64 - SEIZURE OF PROPERTY
(a) Publication and Time to Claim and Answer Where Publication Necessary and Under
Supplemental Rule C(4).
(1) In all cases where publication is necessary under Supplemental Rule C(4), the time for
filing a claim is hereby extended for a period of twenty-one days from the date of the
publication.
(2) The published notice shall contain the title and the number of the suit, the date of
the arrest and identity of the property arrested, the name of the United States
Marshal, and the name and address of the attorney for the plaintiff. It shall also
state that claimants must file their claims pursuant to Supplemental Rule C(6) with
the Clerk of Court and serve them on the attorney for plaintiff within twenty-one
days after the date of first publication, or within such further time as may be allowed by
the Court, and must serve their answers within twenty-one days after the filing of
their claim; that, if they do not, default may be entered and condemnation ordered;
and that application for intervention under Fed. R. Civ. P. 24, by persons claiming
maritime liens or other interests may be untimely if not filed within the time allowed for
claims to possession.
(b) Release of Vessel or Property Under Supplemental Rule E(5)(c). The United States
Marshal is further authorized to release a vessel or property if the party at whose instance
the vessel or property is detained or the party’s attorney, expressly authorizes the United
States Marshal in writing to release the vessel or property, and agrees in writing to hold the
54
Marshal and his deputies forever harmless of and from any and all liability as a result of the
release of the vessel or other property pursuant to such authorization. At the same time,
the party or the party’s attorney must certify that all costs and charges of the Court and its
officers have either been paid or that none are due.
(c) Movement of Vessels Under Seizure. Without a separate order in each individual
case, the United States Marshal is authorized to move the vessels under seizure by him
within the District in such a manner and at such times as he, acting as a prudent
administrator, finds to be necessary to their proper safeguarding and preservation while
under seizure. Further, and without an order of Court, he is authorized to permit the moving
of vessels anywhere within the area of the District when the party at whose instance the
vessel is detained and its owner, or the owner's attorney, expressly authorizes in writing
such a movement and agrees in writing to hold the United States Marshal and all his
deputies harmless from any and all liability as a result of any such move.
(d) Consent Guardian. The United States Marshal is authorized, without special order of
Court, to appoint the master of the vessel or another competent person as keeper or
custodian of any vessel under seizure with their consent, provided that all parties to the
action or their attorneys shall have expressly consented in writing to the appointment and
shall have agreed in writing to hold the United States Marshal and all of his deputies
harmless from any and all liability as a result of the appointment. However, plaintiffs are
admonished to make every reasonable advance effort to secure a substitute custodian and
to coordinate issues concerning the appointment of a substitute custodian with the United
States Marshal, and to arrange for advance compliance whenever practical, before filing
any complaint which seeks the issuance of warrant for arrest or execution by the United
States Marshal.
(e) Notices. Unless otherwise ordered by the Court, or otherwise provided by law, all
notices required to be published by statute, rule, or order of court shall be published in the
following newspaper: The Advocate.
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(f) Sales.
(1) Notice. Unless otherwise ordered by the Court or otherwise provided by law,
notices of sale of arrested or attached vessels or property shall be published on
three different days, the first of which shall be published at least ten days and the
last at least three days before the day of the sale.
(2) Confirmation. In all public auction sales of admiralty by the United States Marshal of
this Court, the United States Marshal shall require the last and highest bidder to
whom the property is adjudicated to deposit a minimum of $500.00 or 10% of the
bid, whichever is greater, in cash or certified check, or cashier's check on a local
bank. In the event that the last and highest bid should be for an amount not in
excess of $500.00, its full amount shall be paid at the time of adjudication. The
balance, if any, of the purchase price shall be paid in cash or by certified or cashier's
check on a local bank on or before confirmation of the sale by the Court and within
ten days of the adjudication or dismissal of any opposition which may have been
filed.
(3) At the conclusion of the auction, the United States Marshal shall forthwith report to
the Court the fact of the sale, the price brought, and the name of the buyer, and the
Clerk of Court shall endorse upon such report, the time and date of filing. This
report shall lie over for three days, exclusive of Saturdays, Sundays, and legal
holidays. If within these three days no written objection is filed, the sale shall be
confirmed as of course, provided that no sale shall be confirmed until the buyer
shall have performed the terms of the purchase. In the event no opposition to the
sale shall have been made, the cost of keeping the property pending confirmation
shall be paid out of the proceeds of the sale; except that if the confirmation is
delayed by the purchaser's failure to pay any balance which is due on the price, the
cost of keeping the property shall be borne by the purchaser after the three day
period shall have lapsed. In the event an opposition to the sale is filed, the
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opponent shall be required to deposit with the United States Marshal, in advance,
cost of keeping the property pending the determination of the opposition by the
Court; in default of the opponent making the advance, the opponent’s opposition
shall fail without affirmative action by the Court. If the opposition fails, the cost of
keeping the property during its pendency shall be borne by the opponent.
(4) At the auction, the United States Marshal shall take, record, and report the cost, the
name and address of the second highest bidder, and the amount of that second
highest bid. In the event that the highest bidder fails to meet the financial obligation
pertaining to the bid, the Court may, with the approval of the party or parties at
whose instance the sale has been ordered, and of the second highest bidder,
confirm the sale to said party.
LOCAL ADMIRALTY RULE 65.1 - SECURITY
(a) Security for Costs.
(1) Except in suits in forma pauperis, or in suits where by statute a party is relieved of
prepaying fees and costs or of giving security therefor, or unless otherwise ordered by
the Court, no process in rem or of attachment shall issue unless the party
requesting issuance files a stipulation in the sum of $250.00 with good and solvent
surety, conditioned as provided in Supplemental Rule E(2)(b).
(2) Whenever in these Rules the filing of a bond or stipulation is required or permitted,
the party required or permitted to file such bond or stipulation may, in lieu thereof,
deposit the requisite amount of money in the registry of the Court as security.
(b) Sureties.
(1) In all cases where the surety on a bond or stipulation for the release of a vessel or
other property under seizure is not a corporate surety holding a certificate of
authority from the Secretary of the Treasury, and the bond or stipulation is not
approved as to amount and nature by the party at whose instance the vessel or
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other property is detained, or by party’s attorney, the vessel or property shall not be
released without an order of a Judge, on reasonable notice and contradictorily,
approving the surety. In the absence of the Judge’s approval, the approval of the
Clerk of Court, on like notice and contradictorily, shall suffice.
(2) Such approval shall not limit the right of a party to move, under Rule E(6) of the
Supplemental Rules, Fed. R. Civ. P., to reduce the amount of surety given or to
require new or additional sureties.
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LOCAL CRIMINAL RULES
LOCAL CRIMINAL RULE 5 - INITIAL APPEARANCE BEFORE THE MAGISTRATE JUDGE
(a) Pre-trial proceedings in criminal matters may be referred to a Magistrate Judge for decision
or for report and recommendation, in accordance with 28 U.S.C. § 636(b)(1)(A) and (B), by
specific referral of the presiding District Judge or by any general or standing orders.
(b) Pursuant to 18 U.S.C. § 3153(c)(1), which governs the availability of the pretrial services
report to counsel for the accused and for the government prior to any detention hearing, the
United States Probation Office for the Middle District of Louisiana is authorized to disclose
pretrial services reports to counsel for the accused and for the government. This disclosure
shall be accomplished by filing the pretrial services report for each case under seal in the
CM/ECF filing system prior to or immediately after an initial appearance. Counsel for the
accused and for the government may retain these reports but must not re-disclose the
reports to other persons. When a copy of the report is filed under seal, it will have a header
on the first page advising the attorney that (a) the report is not to be copied, (b) the report is
not a public record, and (c) the content may not be disclosed to other persons. Other than
the disclosures laid out herein, the reports shall remain confidential, as provided in 18 U.S.C.
§ 3153(c)(1).
LOCAL CRIMINAL RULE 12 - PRETRIAL MOTIONS
All criminal motions shall comply with the provisions of Local Civil Rules 7, 10, and 11.
LOCAL CRIMINAL RULE 23 - JURY OR NON-JURY TRIAL
All counsel of record and parties to the litigation must be present in court at all stages of
trial, unless leave of Court is granted by the presiding Judge.
LOCAL CRIMINAL RULE 24 – TRIAL JURORS
(a) Contacting Prospective Jurors and Jurors Before and During Trial.
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(1) A lawyer shall not knowingly communicate, either directly or through another, with a
juror or prospective juror unless authorized to do so by law or court order. 6
(2) A lawyer may not, either personally or through another, send an access request to a
juror or prospective juror through any electronic social media. An access request is
a communication to a juror seeking access to a juror or prospective juror’s social
media for the purpose of obtaining information about a juror or potential juror which
the juror or potential juror has not made public or that would be the type of ex parte
communication prohibited by subsection (1) of this local rule. 7
(3) Unless otherwise limited by law, court order, or subsections (1) and (2) of this local
rule, a lawyer may review, in advance of or during a trial, a juror’s or prospective
juror’s public Internet presence. “Internet presence” includes but is not limited to
postings by the juror or prospective juror on electronic social media that are publicly
available and that do not require an access request. 8
(4) In the course of reviewing a juror’s or potential juror’s Internet presence, if a lawyer
discovers evidence of juror or potential juror misconduct, the lawyer must disclose
the misconduct or potential misconduct to the court as soon as possible. 9
(b) Interviewing Jurors After Trial.
(1) No party or their attorney shall, personally or through another person, contact,
interview, examine, or question any juror or alternate, except on leave of Court
granted upon good cause shown. If a party believes in good faith that grounds for
6 This is drawn from the Louisiana Rule of Professional Conduct 3.5(b), ABA Model Rule 3.5(b) and ABA
Formal Opinion 466.
7 This is drawn verbatim from ABA Formal Opinion 466 except that “subsection (1) of this local rule”
replaces “Model Rule 3.5(b).”
8 This is drawn from ABA Formal Opinion 466. See also Jan L. Jacobowitz and John G. Browning, Legal
Ethics and Social Media, A Practitioner’s Handbook, American Bar Association, 2017, at 96. (“[R]esearching
the social media of prospective jurors, and continuing to monitor social media activity during trial, can be
vital to seating an honest, unbiased jury, and to ensuring that any online misconduct is promptly brought to
the court’s attention.”) One writer has suggested that “it is not only permissible for lawyers to research jurors
before and during trial using social media according to currently existing professional standards, but they
may have an ethical obligation to do so.” Jessica L. Boylan, “Jury Duty”: The Ethical Obligations of
Attorneys Researching Jurors Using Social Media Technology, 29 Geo. J. Legal Ethics 867, 869 (2016).
9 This is drawn from ABA Formal Opinion 466.
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legal challenge to a verdict exist, he may move for an order permitting an interview
of a juror or jurors to determine whether the verdict is subject to challenge. 10
(2) No juror has any obligation to speak to any person about any case and may refuse
all interviews or comments;
(3) No person may make repeated requests for interviews or questions after a juror has
expressed the desire not to be interviewed;
(4) No juror or alternate who consents to be interviewed may disclose any information
with respect to the following:
(A) The specific vote of any juror other than the juror being interviewed;
(B) The deliberations of the jury; or
(C) Evidence of improprieties in the jury's deliberation.
LOCAL CRIMINAL RULE 32 - SENTENCE AND JUDGMENT
(a) Sentencing.
(1) In accordance with the provisions of Fed. R. Crim. P. 32, when a presentence
investigation is ordered, defendant's counsel, upon request, is entitled to notice and a
reasonable opportunity to attend any interview of the defendant by a Probation
Officer in the course of a presentence investigation.
(2) Not less than thirty-five days prior to the date set for sentencing, unless the
defendant waives this minimum period, the Probation Officer shall disclose the
presentence investigation report to the defendant, counsel for the defendant and the
Government. The presentence report is considered a confidential document and
will be filed in the record under seal by the Probation Office at the time of the
report’s disclosure. Within fourteen days thereafter, counsel shall communicate in
writing to the Probation Officer and each other any objections they may have as to
any material information, sentencing classifications, sentencing guideline ranges,
10
This combines M.D. Florida Local Rule 5.01(d) and N.D. Mississippi Local Rule 48.
61
and policy statements contained in or omitted from the report.
(3) After receiving counsel's objections, the Probation Officer shall conduct any further
investigation and make any revision to the presentence report that may be
necessary. The Officer may require counsel for both parties to meet with the Officer to
discuss unresolved factual and legal issues.
(4) Not later than seven days prior to the date of the sentencing hearing, the Probation
Officer shall file the presentence report in the Court record, if the report is revised.
The Probation Officer shall then file any addendum to the presentence report.
(5) Except with regard to any objection made under Fed .R. Crim. P. 32(f) that has not
been resolved, the report of the presentence investigation may be accepted by the
Court as accurate. The Court, however, for good cause shown, may allow a new
objection to be raised at any time before the imposition of sentence. In resolving
disputed issues of fact, the Court may consider any reliable information presented by
the Probation Officer, the defendant, or the Government.
(6) The times set forth in this Rule may be modified by the Court for good cause shown,
except that the thirty-five day period set forth in Fed. R. Crim. P. 32(e) may be
diminished only with the consent of the defendant.
(7) Nothing in this Rule requires the disclosure of any portions of the presentence
report that are not disclosable under Rule 32 of the Federal Rules of Criminal
Procedure. As permitted by Rule 32, the Probation Officer's recommendation on
the sentence shall not be disclosed to anyone, other than the Court.
(8) The presentence report shall be deemed to have been disclosed one day after a
copy of the report is filed electronically.
(b) Sentencing Memoranda. A party may submit a sentencing memorandum addressing any
factor taken into account for sentencing purposes. The memorandum may contain, but is
not limited to, sentencing factors enumerated in 18 U.S.C. § 3553(a); factors for upward
or downward departure including those considered pursuant to U.S.S.G. § 5K1.1; argument
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on unresolved objections to the presentence report; and any information concerning the
background, character, and conduct of the defendant, in accordance with 18 U.S.C. § 3661.
Sentencing memoranda shall be filed UNDER SEAL by counsel through the Court’s
electronic filing system using the applicable event “Sealed Sentencing Memorandum by the
Government” or “Sealed Sentencing Memorandum by the Defense.” The filing attorney is
responsible for providing conventional service to the U. S. Probation Office and to opposing
counsel, indicating on the Certificate of Service how the document was served. All such
sentencing memoranda shall be filed at least fourteen days prior to the date of sentencing.
(c) USSG § 5K1.1 Motions. Government motions, pursuant to USSG § 5K1.1 (Substantial
Assistance to Authorities) and accompanying memorandum, should be filed UNDER SEAL
by counsel through the Court’s electronic filing system. The filing attorney is responsible
for providing conventional service to the U. S. Probation Office and to opposing counsel,
indicating on the Certificate of Service how the document was served. All such USSG §
5K1.1 motions shall be filed at least fourteen days prior to the date of sentencing and must
be accompanied by a proposed order.
LOCAL CRIMINAL RULE 44 - CONTINUING REPRESENTATION, WITHDRAWALS,
SUBSTITUTION OF COUNSEL
All counsel of record shall be held to represent the party for whom counsel appears unless
the Court permits said counsel to withdraw from the case. Counsel may obtain permission to
withdraw only upon filing: 1) a motion to withdraw filed by the counsel seeking to withdraw or 2) a
motion to withdraw filed by the client’s other counsel of record, which includes either the
withdrawing counsel’s signature or a certification that the withdrawing counsel’s consent to file the
motion has been obtained. If new counsel is not substituted and no counsel of record will remain
to represent the client, the motion to withdraw shall contain: 1) the present address of the client and
the client's telephone number if the client can be reached by telephone and 2) a certification by
counsel that the client has been notified of all deadlines and pending court appearances. The
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certificate of service accompanying the motion shall indicate that it was served on the client by
certified mail or an affidavit shall be included stating why such service has not been made. If the
motion to withdraw includes a request for substitution of new counsel, then the motion must also
be signed by counsel seeking to be enrolled in substitution for the withdrawing attorney or include
a certification that the enrolling counsel’s consent to file the motion has been obtained.
LOCAL CRIMINAL RULE 49 – SERVICE AND FILING OF PAPERS
(a) Filing by Electronic Means.
(1) An attorney may, for good cause shown, request by written motion a temporary
exemption from mandatory electronic case filing.
(2) The filing of charging documents, including the complaint, information, indictment
and superseding information or indictment, shall be accomplished as set forth in the
administrative procedures guide for the U. S. District Court, Middle District of
Louisiana, which is authorized by General Order 2005-06. A copy of the
administrative procedures may be obtained from the Clerk’s Office or downloaded
from the Court’s website at www.lamd.uscourts.gov.
(b) Service of Documents By Electronic Means.
(1) As provided by Fed. R. Cr. P. 49(a)(3), if a recipient is a registered filer in the Court’s
Electronic Filing System, service is complete when the document is electronically
filed or uploaded to the Court’s system. If the recipient is not a registered filer in the
Court’s system, the filer must effect service on all parties in accordance with the
Federal Rules of Criminal Procedure and the Local Rules.
(2) Most sealed filings do not produce a Notice of Electronic Filing, and therefore, service
by the party of any sealed document must be in accordance with the Federal Rules
and the Local Rules.
(3) A certificate of service is not required when service is made through filing with the
Court’s electronic filing system. When a document is served by means other than
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the Court’s electronic filing system, the document must include a certificate of service
and must identify the method of service upon each party.
LOCAL CRIMINAL RULE 53 - REGULATION OF CONDUCT PERTAINING TO CRIMINAL
MATTERS
(a) Dissemination of Information Concerning Pending or Imminent Criminal Litigation
by Lawyer Prohibited. It is the duty of the lawyer not to release or authorize the release
of information or opinion for dissemination by any means of public communication, including
social media, in connection with pending or imminent criminal litigation with which the
lawyer is associated, if there is a reasonable likelihood that such dissemination will interfere
with a fair trial or otherwise prejudice the due administration of justice. It is the duty of the
lawyer to abide by Rule 1.6 of the Louisiana Rules of Professional Conduct.
(b) Pending Investigations. When there is a grand jury or other pending investigation of any
criminal matter, a lawyer participating in the investigation shall refrain from making any
extrajudicial statement, for dissemination by any means of public communication, including
social media, that goes beyond the public record or that is not necessary to inform the
public that the investigation is under way, to describe the general scope of the investigation,
to obtain assistance in the apprehension of a suspect, or to warn the public of any dangers,
or otherwise to aid in the investigation.
(c) Extrajudicial Statements Concerning Specific Matters.
(1) From the time of arrest, issuance of an arrest warrant, or the filing of a complaint,
information, or indictment in any criminal matter until the commencement of trial or
disposition without trial, a lawyer associated with the prosecution or defense shall
not release or authorize the release of any extrajudicial statement for dissemination by
means of public communication, including social media relating to that matter and
concerning:
(A) The prior criminal record (including arrests, indictments, or other charges of
crime), or the character or reputation of the accused, except that the lawyer
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may make a factual statement of the accused's name, age, residence,
occupation, and family status; and, if the accused has not been
apprehended, a lawyer associated with the prosecution may release
information necessary to aid in the accused's apprehension or to warn the
public of any dangers the accused may present;
(B) The existence or contents of any confession, admission, or statement given by
the accused, or the refusal or failure of the accused to make any statement;
(C) The performance of any examinations or tests or the accused's refusal or
failure to submit to an examination or test;
(D) The identity, testimony, or credibility of prospective witnesses, except that
the lawyer may announce the identity of the victim if the announcement is
not otherwise prohibited by law;
(E) The possibility of a plea of guilty to the offense charged or a lesser offense;
(F) Any opinion as to the accused's guilt or innocence or as to the merits of the
case or the evidence in the case.
(2) Upon the showing of good cause by any party, the application of this Rule may be
changed or modified to any extent by the Court.
(d) Disclosures Authorized. The foregoing shall not be construed to preclude the lawyer
during this period, in the proper discharge of the lawyer’s official or professional obligations,
from announcing the fact and circumstances of arrest (including the time and place of
arrest, resistance, pursuit, and use of weapons), the identity of the investigating and
arresting officer or agency, and the length of the investigation; from making an
announcement, at the time of seizure of any physical evidence other than a confession,
admission, or statement, which is limited to a description of the evidence seized; from
disclosing the nature, substance, or text of the charge, including a brief description of the
offense charged; from quoting or referring without comment to public records of the Court
in the case; from announcing the scheduling or result of any stage in the judicial process;
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from requesting assistance in obtaining evidence; or from announcing without further
comment that the accused denies the charges made against the accused.
(e) Extrajudicial Statements During Trial. During the trial of any criminal matter, including
the period of selection of the jury, no lawyer associated with the prosecution or defense and
the lawyer’s assistants, paralegals, and investigators shall give or authorize any
extrajudicial statement or interview, relating to the trial or the parties or issues in the trial,
for dissemination by any means of public communication, except that the lawyer may quote
from or refer without comment to public records of the Court in the case.
(f) Extrajudicial Statements After Trial and Prior to Sentence. After the completion of a
trial or disposition without trial of any criminal matter, and prior to the imposition of
sentence, a lawyer and their assistants, paralegals and investigators associated with the
prosecution or defense shall refrain from making or authorizing any extrajudicial statement
for dissemination by any means of public communication if there is a reasonable likelihood
that such dissemination will affect the imposition of sentence.
(g) Matters Not Precluded. Nothing in these Rules is intended to preclude the formulation or
application of more restrictive rules relating to the release of information about juvenile or
other offenders, to preclude the holding of hearings or the lawful issuance of reports by
legislative, administrative, or investigative bodies, or to preclude any lawyer from replying
to charges of misconduct that are publicly made against oneself.
(h) Disclosure of Information by Courthouse Personnel. All courthouse personnel,
including the United States Marshal, Deputy Marshals, Court Security Officers, Clerk of
Court, Deputy Clerks, Law Clerks, Judicial Assistants, Court Reporters, and Probation and
Pretrial Services Officers shall under no circumstances disclose to any person, without
express authorization by the Court, information relating to a pending criminal case or grand
jury matter that is not part of the public records of the Court. This Rule specifically forbids
the divulgence of information concerning matters held in chambers or otherwise outside the
presence of the public.
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(i) Special Orders. To promote fairness and impartiality in the trial process and to protect
the rights of the parties, the Court, on motion of either party or on its own motion, may issue a
special order governing such matters as extrajudicial statements by parties and witnesses
likely to interfere with the rights of the accused to a fair trial by an impartial jury, the seating
and conduct in the courtroom of spectators and news-media representatives, the
management and the sequestration of jurors and witnesses, and any other matter that the
Court may deem appropriate for inclusion in such an order.
(j) Subjects of Special Order. Such a special order may be addressed to the following
subjects, including, but not limited to:
(1) A proscription of extrajudicial statements by participants in the trial, including
lawyers and their assistants, paralegals, and investigators; parties, witnesses,
jurors, and court officials, who might divulge prejudicial matter not of public record in
the case;
(2) Specific directives regarding the clearing of entrances to the hallways in the
courthouse and respecting the management of the jury and witnesses during the
course of the trial to avoid their mingling with or being in the proximity of reporters,
photographers, parties, lawyers, and other witnesses, both in entering and leaving
the courtroom and courthouse, and during recesses in the trial;
(3) A specific direction that the jurors refrain from reading, listening to, or watching
news reports concerning the case, and that they similarly refrain from discussing the
case with anyone, or with one another, during the trial and from communicating with
others, including social media, in any manner during their deliberations;
(4) Sequestration of the jury on motion of either party or of the Court without disclosure of
the identity of the movant;
(5) Direction that the names and addresses of jurors or prospective jurors not be
publicly released except as required by statute, and that no photograph be taken or
sketch made of any juror within the environs of the Court;
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(6) Insulation of witnesses from news interviews during the trial period;
(7) Specific provisions regarding the seating of spectators and representatives of news-
media, including:
(A) An order that no member of the public or news-media representative be at
any time permitted within the bar railing;
(B) The allocation of seats to news-media representatives in cases where there is
an excess of requests over the number of seats available, taking into
account any pooling arrangement that may have been agreed to among the
news-media representatives.
(k) Building Security. Building Security shall be governed by Rule 83(c) of the Local Civil
Rules for the Middle District of Louisiana.
LOCAL CRIMINAL RULE 55 - RECORDS
(a) Withdrawal of Files. Files in the office of the Clerk of Court may be removed from it only
for the use of the Court or with leave of Court or permission of the Clerk of Court first
obtained.
(b) Electronic Evidence for Trials. Evidence offered during trial shall be provided by each
party in electronic format as described in the Court’s Administrative Procedures, court
orders, and notices.
(c) Electronic Evidence for All Other Proceedings. Evidence offered during proceedings
other than trial shall be provided by each party in electronic format as described in the
Court’s Administrative Procedures, court orders, and notices.
(d) Custody of Exhibits With the Clerk of Court.
(1) These rules provide for all exhibits offered and received in evidence to be submitted in
electronic format; therefore, the electronic evidence becomes the official record.
(2) After being received in evidence, all exhibits shall be placed in the custody of the
Clerk of Court, in electronic format, as outlined in the Court’s Administrative
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Procedures, court orders, and notices, unless otherwise ordered by the Court.
(e) Custody of Exhibits With the Offering Party.
(1) Offering parties are required to submit digital photographs of all oversized or
physical exhibits, received into evidence (e.g., models, enlarged diagrams), properly
showing significant features of those exhibits.
(2) At the conclusion of a trial or proceeding, the party offering such exhibits shall retain
custody of the physical exhibits and be responsible to the Court for preserving them in
their condition as of the time admitted until any appeal is resolved or the time for
appeal has expired.
(3) The party retaining custody shall make such exhibits available to opposing counsel for
use in preparation of an appeal and be responsible for their safe transmission to the
Appellate Court, if required.
(f) Disposition of Exhibits. All exhibits in the custody of the Clerk of Court shall be removed
within thirty days of the final disposition of the case. The party offering exhibits shall be
responsible for their removal and shall give a detailed receipt for the clerk's records. If the
parties or their attorneys fail or refuse to remove exhibits within thirty days, the exhibits may
be destroyed or otherwise disposed of by the Clerk of Court.
LOCAL CRIMINAL RULE 58 - PROCEDURE FOR MISDEMEANORS AND OTHER PETTY
OFFENSES
(a) Petty Offenses and Misdemeanors.
(1) As authorized by subsection (d) of Fed. R. Crim. P. 58, the offenses named in the
Schedule of Offenses designated by the Court may be disposed of by payment of
the fixed sum provided in the schedule in lieu of a personal appearance before a
Magistrate Judge. The proceeding shall be terminated on receipt of payment by the
Central Violations Bureau.
(2) In all other offense proceedings, unless otherwise authorized in a specific case by
the Magistrate Judge to whom the case has been assigned, or pursuant to Fed. R.
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Crim. P. 43(c), the defendant must personally appear before the Magistrate Judge for
disposition of the charges or for other proceedings directed by law.
(3) The Magistrate Judge may direct the Probation Office of the Court to conduct a pre-
sentence investigation and report in accordance with 18 U.S.C. § 3401(c).
(4) Each Magistrate Judge is specifically designated to conduct trial and sentencing in
misdemeanor cases as defined in 18 U.S.C. § 3401.
(b) Central Violations Bureau. The Clerk of Court shall maintain a Central Violations
Bureau. The Bureau shall keep a record of violation notices transmitted by enforcement
agencies, a record of all payments made pursuant to Local Criminal Rule 58(a) and shall
give appearance notices to those violators whose offenses are not disposed of under a
Schedule of Offenses as provided in Local Criminal Rule 58(a). The Bureau shall transmit
to the Magistrate Judges notices for personal appearance and shall maintain other records
needed to effect the prompt disposition of petty offenses.
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APPENDIX
NOTICE REGARDING COMPLAINTS OF
JUDICIAL MISCONDUCT OR DISABILITY
To improve the administration of justice in the federal courts, Congress passed the Judicial
Conduct and Disability Act of 1980, codified at 28 U.S.C. § 372 (c). The law authorizes complaints
against United States Circuit, District, Bankruptcy, and Magistrate Judges who have “engaged in
conduct prejudicial to the effective and expeditious administration of the business of the courts” or
who are “unable to discharge all the duties of office by reason of mental or physical disability.” The
conduct to which the law is addressed does not include making wrong judicial decisions, for the law
provides that a complaint may be dismissed if it is “directly related to the merits of a decision or
procedural ruling.”
The Judicial Council of the Fifth Circuit has adopted Rules Governing Complaints of Judicial
Misconduct or Disability. These rules apply to Judges of the United States Court of Appeals for
the Fifth Circuit and to the District, Bankruptcy, and Magistrate Judges of federal courts within the
Fifth Circuit. The Fifth Circuit includes the states of Texas, Louisiana, and Mississippi. These Rules
may be obtained from, and written complaints filed at, the following office:
Clerk
United States Court of Appeal
for the Fifth Circuit
600 Camp Street, Room 102
New Orleans, LA 70130
