(a) Original Filings. In all civil actions, the plaintiff must file with the clerk of court
the original complaint.
(1) Civil Cover Sheet. A civil cover sheet (Form JS 44) must be filed with each
original complaint or petition filed. A link to all national forms can be
found on the courts’ Websites.
(2) Filing Fees. Filing fees must be paid to the clerk of court upon filing of
each original complaint or petition in accordance with the fee schedule
maintained by the clerk of court.
(b) Removals
(1) Required Filing of the Entire State Court Record and Unresolved Motions.
In addition to the requirements for removal set forth in 28 U.S.C. § 1446, a
defendant or defendants desiring to remove any civil action or criminal
prosecution from a state court must file a copy of the entire state court
record no later than 14 days from the date of removal. Further, within 14
days after the case management conference, the parties must file as separate
docket items any unresolved motions that were filed in state court and that
they wish to advance.
(2) Bankruptcy Court. When removing a state court action to Bankruptcy
Court, the Notice of Removal, citing bankruptcy as a jurisdictional basis,
must be filed with the United States District Court Clerk’s Office in the
appropriate district and division. A motion to transfer the case from District
Court to Bankruptcy Court must also be promptly filed. When docketing
the motion to transfer, counsel will be directed to docket the motion under
an event entry on CM/ECF that will generate an immediate notice to the
Bankruptcy Court that such a motion has been filed in the District Court. If
the movant desires that the motion to transfer be heard immediately, the
movant must style the motion “URGENT AND NECESSITOUS” and
immediately contact the District Judge’s chambers in accordance with L.U.
CIV. R. 7(b)(8).
(c) Electronic Filings; Signatures and Verification; Administrative Procedures.
Rules 5(d)(3) and 83 of the Federal Rules of Civil Procedure and Rule 57 of the
Federal Rules of Criminal Procedure authorize courts to establish practices and
procedures for electronically filing, signing, and verifying documents.
Accordingly, the district courts for the Northern District and the Southern District
of Mississippi have implemented Administrative Procedures for Electronic Case
Filing prescribing the procedures and standards governing electronically filing,
signing, and verifying documents.
(d) Non-Filing of Pre-Discovery Disclosures and Discovery Materials
(1) Pre-Discovery Disclosures. Pre-discovery disclosures of core information
under L.U. CIV. R. 26(a) should not be filed with the clerk of court until the
disclosures are used in a proceeding or the court orders that they be filed.
The party serving disclosures must file a notice of service of pre-discovery
disclosure of core information [Official Form No. 2(c)].
(2) Depositions. As depositions in civil actions are not filed, the court reporter
will forward the original of a deposition to the party responsible for its
taking; the party must retain the original and is its custodian. Immediately
upon receipt of the original deposition, the party serving as custodian must
file a copy of the cover sheet of the deposition and a notice that all parties
of record have been notified of its receipt by the custodian [Official Form
No. 2(a)].
(3) Discovery. Interrogatories under FED. R. CIV. P. 33, Requests for
Production or Inspection under FED. R. CIV. P. 34, and Requests for
Admission under FED. R. CIV. P. 36, must be served upon other counsel or
parties, but not filed with the court. The party who served the discovery
request or the response must retain the original and become the custodian
and file a notice of service with the court [Official Form No. 2(b)].
(4) Filing for Use in Relation to Motions. If disclosures under FED. R. CIV. P.
26(a)(1) or (2), interrogatories, requests, answers, responses, or depositions
are necessary to a pretrial motion that might result in an order on any issue,
unless already of record and referenced by citation to the docket entry(ies),
the moving party must file the portions to be used as an exhibit to the
motion.
(5) Filing for Use on Appeal. When documentation of discovery or disclosures
not in the record is needed for appeal purposes, a party may apply for a
court order directing or the parties may stipulate to the filing of the
necessary discovery or disclosure papers.
