REQUIREMENT FOR INDEX AND TABLE OF AUTHORITIES .............99
LCR 47-3. FAILURE TO FILE POINTS AND AUTHORITIES......................................99
LCR 47-4. PROOF OF SERVICE ........................................................................................99
LCR 49-1. SERVICE OF DOCUMENTS BY ELECTRONIC MEANS ..........................99
PART V—SPECIAL PROCEEDINGS AND APPEALS ................................101
LSR 1-1. APPLICATIONS TO PROCEED IN FORMA PAUPERIS; FORM OF
APPLICATION..................................................................................................101
LSR 1-2. INMATES: ADDITIONAL REQUIREMENTS FOR APPLICATIONS TO
PROCEED IN FORMA PAUPERIS.................................................................101
LSR 1-3. GRANT OR DENIAL OF APPLICATION TO PROCEED IN FORMA
PAUPERIS ..........................................................................................................101
LSR 1-4. APPLICANT FOR FORMA PAUPERIS STATUS NEED ONLY FILE
ORIGINAL COMPLAINT, PETITION, OR MOTION ...............................101
LSR 1-5. REVOCATION OF LEAVE TO PROCEED IN FORMA PAUPERIS ........102
LSR 1-6. EXPENSES OF LITIGATION.........................................................................102
LSR 2-1. PRO SE CIVIL-RIGHTS COMPLAINTS; FORM OF COMPLAINT .......102
LSR 3-1. PETITIONS FOR WRIT OF HABEAS CORPUS; FORM OF PETITION
..............................................................................................................................102
vii
LSR 3-2. PETITIONS FOR WRIT OF HABEAS CORPUS; PAGE LIMITS ............102
LSR 3-3. PETITIONS FOR WRIT OF HABEAS CORPUS; EXHIBITS ...................103
LSR 3-4. PETITIONS FOR WRIT OF HABEAS CORPUS; CASE MANAGEMENT
..............................................................................................................................103
LSR 3-5. SERVICE BY PRO SE PETITIONERS IN HABEAS CORPUS CASES ...103
LSR 3-6 SUBSTITUTIONS OF COUNSEL IN HABEAS CORPUS CASES ............104
LSR 4-1. MOTIONS UNDER 28 U.S.C. § 2255; FORM OF MOTION .......................104
LSR 4-2. SERVICE BY PRO SE MOVANT IN PROCEEDINGS REGARDING
MOTIONS UNDER 28 U.S.C. § 2255 ..............................................................104
LSR 5-1. DEATH PENALTY CASES; CAPTION ........................................................104
LSR 5-2. DEATH PENALTY CASES; SCHEDULED EXECUTION DATE .............104
LSR 5-3. DEATH PENALTY CASES; TRANSCRIPT OF EVIDENTIARY
HEARING ..........................................................................................................105
LSR 5-4. DEATH PENALTY CASES; BUDGETING OF APPOINTED COUNSEL
..............................................................................................................................105
LSR 6-1. APPEALS; APPEAL BOND ............................................................................105
LSR 6-2. APPEALS; DESIGNATION AND PREPARATION OF REPORTER AND
RECORDER’S TRANSCRIPTS ......................................................................105
LSR 6-3. APPEALS; CLERK’S RECORD ON APPEAL; DESIGNATION, AND
COSTS OF REPRODUCTION ........................................................................105
viii
LOCAL RULES OF PRACTICE
FOR THE
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
PART IA—INTRODUCTION
LR IA 1-1. TITLE
These are the Local Rules of Practice for the United States District Court for the District
of Nevada. These rules are divided into the following parts: Part IA (Introduction); Part IB
(United States Magistrate Judges); Part IC (Electronic Case Filing); Part II (Civil Practice); Part
III (Patent Practice); Part IV (Criminal Practice); and Part V (Rules Applicable in Special
Proceedings and Appeals). The rules in Parts II and IV are numbered to correspond to their
Federal Rules of Civil or Criminal Procedure counterparts. The rules in Parts IA through II may
be cited as “LR___”; those in Part III, as “LPR___”; those in Part IV, as “LCR___”; and those in
Part V, as “LSR___.”
2016 Committee Note
LR IA 1-1 is amended as part of the general restyling of the rules to make them more
easily understood and to make style and terminology consistent throughout the rules. The
parenthetical references to “Rules” and “Court” are deleted. Given that the full name of the rules
and the court have been stated, subsequent references to the court and the rules are lowercased.
LR IA 1-1 also is amended to reference new Part IC (Electronic Case Filing). It is also amended
to reference new Part III (Patent Practice). Part III formerly contained the bankruptcy rules,
which are now in a separate volume available at www.nvb.uscourts.gov. The patent rules
formerly were located in Part II (Civil Practice).
Style Updates
Guidance in drafting, usage, and style was based on Bryan A. Garner, Guidelines for
Drafting and Editing Court Rules, Administrative Office of the United States Courts (5th ed.
2007) (available at www.uscourts.gov/rules-policies/records-and-archives-rules-
committees/style-resources) and Bryan A. Garner, Garner’s Dictionary of Legal Usage (3d ed.
2011).
In applying Garner’s Guidelines, the Local Civil and Criminal Rules Committees sought
to avoid ambiguities and inconsistencies in the rules. The committees further sought to improve
the rules’ clarity and brevity by eliminating unnecessary words, using the active voice whenever
possible, and inserting structural divisions when necessary to improve readability. The
committees removed words and concepts that are outdated and redundant. Finally, the
committees sought to promote stylistic integration between the different rules and different parts,
which were drafted by different people at different times.
One of the most significant stylistic revisions was the committees’ decision to replace
“shall” with another word of authority, when appropriate. As Garner explains, “shall” can bear
five to eight senses including “must,” “may,” or something else, depending on the context.
Bryan A. Garner, Garner’s Dictionary of Legal Usage, 952 (3d ed. 2011). Currently, “shall” is
used more than 500 times in the rules, but it does not bear the same meaning throughout. The
restyled rules replace “shall” with “must,” “may,” “will,” or some other expression, depending
on the context and the established interpretation of the rule. This style change was not intended
to make changes in substantive meaning.
LR IA 1-2. SCOPE OF THE RULES; CONSTRUCTION
These rules are intended to supplement and complement the Federal Rules of Civil and
Criminal Procedure. These rules must be applied, construed, and enforced to avoid
inconsistency with other governing statutes and laws. Parts IA, IB, and IC apply to all actions
and proceedings, except where Parts IA, IB, and IC may be inconsistent with rules or other laws
specifically applicable to those types of actions or proceedings.
LR IA 1-3. DEFINITIONS
(a) Chief Judge. The Chief Judge of the United States District Court for the District
of Nevada is the District Judge who has attained that position under 28 U.S.C.
§ 136. The current Chief Judge is identified on the court’s website.
(b) Clerk or Clerk of Court. Unless otherwise clear from the context, “clerk” or
“Clerk of Court” refers to the District Court Executive/Clerk of Court or a Deputy
Clerk of Court.
(c) Court. Unless otherwise clear from the context, “court” refers to the United
States District Court for the District of Nevada and to a judge, clerk, or deputy
clerk acting on the court’s behalf on a matter within the court’s jurisdiction.
(d) General Order and Special Order. General and Special Orders are directives
made by the Chief Judge or by the court relating to court administration and are
available on the court’s website.
(e) Judge. Unless otherwise clear from the context, “judge” refers to a United States
District Judge, a United States Magistrate Judge, or a United States Bankruptcy
Judge.
(f) Meet and Confer. Whenever used in these rules, to “meet and confer” means to
communicate directly and discuss in good faith the issues required under the
particular rule or court order. This requirement is reciprocal and applies to all
participants. Unless these rules or a court order provide otherwise, this
requirement may only be satisfied through direct dialogue and discussion in a
face-to-face meeting, telephone conference, or video conference. The exchange
of written, electronic, or voice-mail communications does not satisfy this
requirement.
(1) The requirement to meet and confer face-to-face or via telephonic or video
conference does not apply in the case of an incarcerated individual
appearing pro se, in which case the meet-and-confer requirement may be
satisfied through written communication.
(2) A party who files a motion to which the meet-and-confer requirement
applies must submit a declaration stating all meet-and-confer efforts,
including the time, place, manner, and participants. The movant must
certify that, despite a sincere effort to resolve or narrow the dispute during
the meet-and-confer conference, the parties were unable to resolve or
narrow the dispute without court intervention.
(3) In addition to any sanction available under the Federal Rules of Civil
Procedure, statutes, or case law, the court may impose appropriate
sanctions under LR IA 11-8 for a party’s failure to comply with the meet-
and-confer requirement.
(4) Failure to make a good-faith effort to meet and confer before filing any
motion to which the requirement applies may result in denial of the
motion.
LR IA 1-4. SUSPENSION OR WAIVER OF THESE RULES
The court may sua sponte or on motion change, dispense with, or waive any of these rules
if the interests of justice so require.
LR IA 1-5. EFFECTIVE DATE
These rules, as amended, take effect on April 17, 2020, and govern all proceedings in
actions pending on or after that date.
LR IA 1-6. COURT STRUCTURE AND DIVISIONS OF THE DISTRICT OF
NEVADA
The State of Nevada constitutes one judicial district. The district has two unofficial
divisions:
Southern Division: Clark, Esmeralda, Lincoln and Nye counties.
Northern Division: Carson City, Churchill, Douglas, Elko, Eureka, Humboldt, Lander,
Lyon, Mineral, Pershing, Storey, Washoe and White Pine counties.
LR IA 1-7. OFFICES OF THE CLERK
The Clerk of Court maintains offices in Las Vegas and Reno. The clerk’s offices are
open to the public from 9:00 a.m. until 4:00 p.m., Monday through Friday, legal holidays
excepted. In an emergency, the clerk may transact public business at other times. The clerk may
institute administrative procedures for filing pleadings and papers. The clerk’s offices are
located at:
Unofficial Southern Division:
United States District Court
333 Las Vegas Boulevard South
Room 1334
Las Vegas, NV 89101
Unofficial Northern Division:
United States District Court
400 South Virginia
Suite 301
Reno, NV 89501
LR IA 1-8. PLACE OF FILING
(a) In civil actions filed by inmates proceeding pro se, the action must be filed in the
unofficial division of the court in which the inmate is held when the complaint or
petition is submitted for filing. If the inmate is not held in this district, then the
action must be filed in the unofficial division of the court in which the events
giving rise to a cause of action are alleged to have occurred. All other civil
actions must be filed in the clerk’s office for the unofficial division of the court in
which the action allegedly arose.
(b) In criminal cases where the alleged offense was committed in more than one
division, the government may file the indictment or information in either division.
(c) All filings must be made and proceedings had in the division of the court in which
the case was originally filed, except that the presiding judge may direct that
proceedings or trial take place in the division other than the division where filed.
LR IA 2-1. INSPECTION
All persons entering any United States federal building and courthouse in this district and
all items carried by these persons are subject to appropriate screening and checking by any
United States Marshal or security officer of the General Services Administration. Entrance to
the United States federal building and courthouse will be denied to any person who refuses to
cooperate in this screening or checking.
LR IA 3-1. CHANGE OF CONTACT INFORMATION
An attorney or pro se party must immediately file with the court written notification of
any change of mailing address, email address, telephone number, or facsimile number. The
notification must include proof of service on each opposing party or the party’s attorney. Failure
to comply with this rule may result in the dismissal of the action, entry of default judgment, or
other sanctions as deemed appropriate by the court.
LR IA 6-1. REQUESTS FOR CONTINUANCE, EXTENSION OF TIME, OR ORDER
SHORTENING TIME
(a) A motion or stipulation to extend time must state the reasons for the extension
requested and must inform the court of all previous extensions of the subject
deadline the court granted. (Examples: “This is the first stipulation for extension
of time to file motions.” “This is the third motion to extend time to take
discovery.”) A request made after the expiration of the specified period will not
be granted unless the movant or attorney demonstrates that the failure to file the
motion before the deadline expired was the result of excusable neglect.
Immediately below the title of the motion or stipulation there also must be a
statement indicating whether it is the first, second, third, etc., requested extension,
i.e.:
STIPULATION TO EXTEND TIME TO FILE MOTIONS
(First Request)
(b) The court may set aside any extension obtained in contravention of this rule.
(c) A stipulation or motion seeking to extend the time to file an opposition or reply to
a motion, or to extend the time fixed for hearing a motion, must state in its
opening paragraph the filing date of the subject motion or the date of the subject
hearing.
(d) Motions to shorten time will be granted only upon an attorney or party’s
declaration describing the circumstances claimed to constitute good cause to
justify shortening of time. The moving party must advise the courtroom
administrator for the assigned judge that a motion for an order shortening time
was filed.
LR IA 6-2. REQUIRED FORM OF ORDER FOR STIPULATIONS AND EX PARTE
AND UNOPPOSED MOTIONS
A stipulation or ex parte or unopposed motion must include an “order” in the form of a
signature block on which the court or clerk can endorse approval of the relief sought. This
signature block must not begin on a separate page; it must appear approximately 1 inch below
the last typewritten matter on the right-hand side of the last page of the stipulation or ex parte or
unopposed motion, and it must read as follows:
“IT IS SO ORDERED:
[UNITED STATES DISTRICT JUDGE,
UNITED STATES MAGISTRATE JUDGE,
UNITED STATES DISTRICT COURT CLERK (Whichever Is Appropriate)]
DATED: _________________”
LR IA 7-1. CASE-RELATED CORRESPONDENCE
(a) An attorney or pro se party may send a letter to the court at the expiration of 90
days after any matter has been, or should have been, fully briefed if the court has
not entered its written ruling. If this letter was sent and a written ruling still has
not been entered 120 days after the matter was or should have been fully briefed,
an attorney or pro se party may send a letter to the Chief Judge, who must inquire
of the judge about the status of the matter. Copies of all such letters must be
served on all other attorneys and pro se parties.
(b) Except as provided in subsection (a), an attorney or pro se party must not send
case-related correspondence, such as letters, emails, or facsimiles, to the court.
All communications with the court must be styled as a motion, stipulation, or
notice, and must be filed in the court’s docket and served on all other attorneys
and pro se parties. The court may strike any case-related correspondence filed in
the court’s docket that is not styled as a motion, stipulation, or notice.
LR IA 7-2. EX PARTE COMMUNICATIONS AND FILINGS
(a) Ex Parte Defined. An ex parte motion or application is a motion or application
that is filed with the court but is not served on the opposing or other parties. An
ex parte communication is a communication between a pro se party or attorney
and a judge or chambers when the opposing party or attorney is not present or
copied, including telephone calls, letters, or emails.
(b) Neither party nor an attorney for any party may make an ex parte communication
except as specifically permitted by court order or the Federal Rules of Civil or
Criminal Procedure. An ex parte motion or application must articulate the rule
that permits ex parte filing and explain why it is filed on an ex parte basis.
(c) This rule does not prohibit communications with courtroom deputies or the
clerk’s office regarding scheduling or other non-substantive issues.
LR IA 7-3. CITATIONS OF AUTHORITY
(a) References to an act of Congress must include the United States Code citation, if
available. References to federal regulations must include the Code of Federal
Regulations’ title, section, page, and year.
(b) When a Supreme Court decision is cited, only the citation to the United States
Reports must be given. When a decision of a court of appeals, a district court, or
other federal court has been reported in the Federal Reporter System, that citation
must be given. When a decision of a state appellate court has been reported in the
West’s National Reporter System, that citation must be given. All citations must
include the specific page(s) on which the pertinent language appears.
(c) Electronically filed documents may contain hyperlinks to other portions of the
same document and to a location on the Internet that contains a source document
for a citation.
(1) Hyperlinks to cited authority may not replace standard citation format.
Complete citations must be included in the text of the filed document. The
submitting party is responsible for the availability and functionality of any
hyperlink.
(2) Neither a hyperlink nor any site to which it refers will be considered part
of the official record. Hyperlinks are simply convenient mechanisms for
accessing material cited in a filed document. If a party wishes to make
any hyperlinked material part of the record, the party must attach the
material as an exhibit.
(3) The court neither endorses nor accepts responsibility for any product,
organization, or content at any hyperlinked site, or at any site to which that
site may be linked.
(d) References to documents filed in the court’s electronic filing system must include
the document number assigned by the court as follows: ECF No. 123 or the
Bluebook-approved citation format.
(e) References to exhibits or attachments to documents must include citations to the
specific page(s) being referenced.
(f) A decision by one judge in this district is not binding on any other district judge
(unless the doctrines of law of the case, res judicata, or collateral estoppel
otherwise apply) and does not constitute the rule of law in this district.
LR IA 10-1. FORM OF PAPERS GENERALLY
(a) All filed documents must comply with the following requirements:
(1) Except for exhibits, quotations, the caption, the court title, and the name of
the case, lines of text must be double-spaced. Lines of text must be
numbered consecutively beginning with 1 on the left margin of each page
with no more than 28 lines per page;
(2) Handwriting must be legible and on only one side of each page;
(3) Text must be size 12 font or larger;
(4) Quotations longer than 50 words must be indented and single spaced;
(5) All pages must be numbered consecutively; and
(6) Margins must be at least one inch on all four sides.
(b) Documents filed electronically must be filed in a searchable Portable Document
Format (PDF), except that exhibits and attachments to a filed document that
cannot be imaged in a searchable format may be scanned.
(c) Documents filed manually must be flat, unfolded, firmly bound together at the
top, and on 8 ½” x 11” paper.
(d) The court may strike any document that does not conform to an applicable
provision of these rules or any Federal Rule of Civil or Criminal Procedure.
LR IA 10-2. REQUIRED FORMAT FOR FILED DOCUMENTS
The first page of every document presented for filing must contain the following
information in this format, with the attorney or pro se party’s name beginning at least one inch
below the top of the page:
[If the party is represented by counsel:]
Attorney’s name
Attorney’s Nevada State Bar number
Attorney’s address
Attorney’s phone number
Attorney’s email address
Name of party/parties attorney represents
[or, if appearing pro se:]
Pro se party’s name
Pro se party’s address
Pro se party’s phone number
Pro se party’s email address (if any)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Name(s) of plaintiff(s), Case Number
[Example: 2:16-CV-115-HDM-RAM]
Plaintiff(s)
v. Document Title
[Example: Defendant Richard Roe’s Motion in
Name(s) of defendant(s), Limine to Exclude Expert Testimony]
Defendant(s)
LR IA 10-3. EXHIBITS
All filed documents with exhibits or attachments must comply with the following
requirements:
(a) Except for citations to authority or to documents that are part of the court record
in the action, filed documents should make reference only to documents filed as
exhibits or attachments to a document on file with the court;
(b) Copies of pleadings or other documents filed in the pending matter must not be
attached as exhibits or made part of an appendix. Cases, statutes, or other legal
authority must not be attached as exhibits or made part of an appendix unless they
are not accessible on Westlaw or LexisNexis;
(c) Exhibits and attachments must be paginated, and page numbers must be
referenced when an exhibit or attachment is cited;
(d) An index of exhibits must be provided;
(e) A cover sheet referencing the exhibit or attachment by number or letter must be
the first page of each exhibit or attachment and must include a descriptor of the
exhibit or attachment (e.g., “Exhibit 1 – Deed of Trust,” not simply “Exhibit 1”);
(f) Oversized exhibits must be reduced to 8 ½ by 11 inches, unless the reduction
would destroy legibility or authenticity. An oversized exhibit that cannot be
reduced must be filed separately with a captioned cover sheet identifying the
exhibit and the document(s) to which it relates;
(g) Exhibits filed electronically must comply with LR IC 2-2(a)(3);
(h) Exhibits need not be typewritten and may be copies, but they must be clearly
legible and not unnecessarily voluminous; and
(i) No more than 100 pages of exhibits may be attached to documents filed or
submitted to the court in paper form. Except as otherwise ordered by the assigned
judge, exhibits in excess of 100 pages must be submitted in a separately bound
appendix. If an appendix exceeds 250 pages, the exhibits must be filed in
multiple volumes, with each volume containing no more than 250 pages. The
appendix must be bound on the left and must include a table of contents
identifying each exhibit and, if applicable, the volume number. Each exhibit must
be tabbed. See LR IC 2-2(g).
LR IA 10-4. IN CAMERA SUBMISSIONS
Papers submitted for in camera inspection must not be filed with the court, but must be
delivered to chambers of the appropriate judge. Papers submitted for in camera inspection must
include a captioned cover sheet complying with LR IA 10-2 that indicates the document is being
submitted in camera and must be accompanied by an envelope large enough for the in camera
papers to be sealed in without being folded. A notice of in camera submission must be filed.
LR IA 10-5. SEALED DOCUMENTS
(a) Unless otherwise permitted by statute, rule, or prior court order, papers filed with
the court under seal must be accompanied by a motion for leave to file those
documents under seal. If papers are filed under seal under prior court order, the
papers must state on the first page, directly under the case number: “FILED
UNDER SEAL UNDER COURT ORDER (ECF No. ___).” All papers filed
under seal will remain sealed until the court either denies the motion to seal or
enters an order unsealing them.
(b) The court may direct the unsealing of papers filed under seal, with or without
redactions, after notice to all parties and an opportunity to be heard.
(c) An attorney or pro se party who files a document under seal must include with the
document either (i) a certificate of service certifying that the sealed document was
served on the opposing attorneys or pro se parties, or (ii) an affidavit showing
good cause why the document has not been served on the opposing attorneys or
pro se parties.
(d) Documents filed under seal in a civil case must be served in accordance with LR
IC 4-1(c).
LR IA 11-1. ADMISSION TO THE BAR OF THIS COURT; ELIGIBILITY AND
PROCEDURE
(a) Practice of Attorneys Admitted in Nevada and Maintaining Nevada Offices.
(1) An attorney who is admitted to practice before the Supreme Court of
Nevada and of good moral and professional character may apply for
admission to the bar of this court. Admission to practice before the
Supreme Court of Nevada, in good standing, is a continuing condition of
admission to the bar of this court.
(2) To apply, an applicant must:
(A) Submit a motion by a member of the bar of this court on the form
provided by the clerk certifying that the applicant is a member of
the State Bar of Nevada and of good moral and professional
character;
(B) Subscribe to the roll of attorneys and pay the clerk the admission
fee fixed by the Judicial Conference of the United States, plus any
additional amounts as the court may fix from time to time; and
(C) Take the following oath or affirmation after which the clerk must
issue a certificate of admission to the applicant:
“I, ____________________, do solemnly swear (or affirm) that as
an attorney and as a counselor of this court I will conduct myself
uprightly and according to law, and that I will support the
Constitution of the United States.”
(b) Practice of Attorneys Admitted in Nevada, but not Maintaining Nevada Offices.
(1) Application of Rule. This rule applies to an attorney who is admitted to
practice in Nevada but who does not maintain an office in Nevada. A post
office box or mail-drop location does not constitute an office under this
rule.
(2) Association or Designation for Service. Upon filing any pleadings or
other papers in this court, an attorney who is subject to this rule must
either (i) associate a licensed Nevada attorney maintaining an office in
Nevada or (ii) designate a licensed Nevada attorney maintaining an office
in Nevada for service of papers, process, or pleadings required to be
served on the attorney, including service by hand delivery or facsimile
transmission. An attorney who is admitted in Nevada but does not
maintain a Nevada office as identified in subsection (b)(1) must, upon
initial appearance, file a notice that (i) informs the court the attorney is
appearing under subsection (b)(1) and (ii) identifies the name and contact
information of the associated or designated Nevada attorney. The name
and office address of the associated or designated attorney must be
endorsed on the pleadings or papers filed in this court, and service on the
associated or designated Nevada attorney will be deemed to be service on
the out-of-state attorney.
LR IA 11-2. ADMISSION TO PRACTICE IN A PARTICULAR CASE
(a) An attorney who has been retained or appointed to appear in a particular case but
is not a member of the bar of this court may appear only with the court’s
permission. Applications must be by verified petition on the form furnished by
the clerk. The attorney may submit the verified petition only if the following
conditions are met:
(1) The attorney is not a member of the State Bar of Nevada;
(2) The attorney is not a resident of the State of Nevada;
(3) The attorney is not regularly employed in the State of Nevada;
(4) The attorney is a member in good standing and eligible to practice before
the bar of another jurisdiction of the United States; and
(5) The attorney associates an active member in good standing of the State
Bar of Nevada as attorney of record in the action or proceeding.
(b) The verified petition must be accompanied by the admission fee set by the court.
The petition must state:
(1) The attorney’s office address;
(2) The court or courts to which the attorney has been admitted to practice and
the date of admission;
(3) That the attorney is a member in good standing of the court or courts,
along with an attached certification issued within six months before the
date of filing of the verified petition that the applicant’s membership is in
good standing from the state bar or from the clerk of the supreme court or
highest admitting court of every state, territory, or insular possession of
the United States in which the applicant has been admitted to practice law;
(4) That the attorney is not currently suspended or disbarred in any court;
(5) Whether the attorney is currently subject to any disciplinary proceedings
by any organization with authority to discipline attorneys at law;
(6) Whether the attorney has ever received public discipline including, but not
limited to, suspension or disbarment, by any organization with authority to
discipline attorneys at law;
(7) The title and case number of any matter, including arbitrations,
mediations, or matters before an administrative agency or governmental
body, in which the attorney has filed an application to appear as counsel
under this rule in the last three years, the date of each application, and
whether it was granted;
(8) That the attorney certifies that he or she will be subject to the jurisdiction
of the courts and disciplinary boards of this State with respect to the law of
this State governing the conduct of attorneys to the same extent as a
member of the State Bar of Nevada; and
(9) That the attorney understands and will comply with the standards of
professional conduct of the State of Nevada and all other standards of
professional conduct required of members of the bar of this court.
(c) An attorney whose verified petition is pending must not take action in this case
beyond filing the first pleading or motion. The first pleading or motion must state
the attorney “has complied with LR IA 11-2” or “will comply with LR IA 11-2
within ___ days.” Until permission is granted, the clerk must not issue summons
or other writ.
(d) Unless the court orders otherwise, an attorney who is granted permission to
practice under this rule must associate a resident member of the bar of this court
as co-counsel. The attorneys must confirm the association by filing a completed
designation of resident counsel on the form provided by the clerk. The resident
attorney must have authority to sign binding stipulations. The time for
performing any act under these rules or the Federal Rules of Civil, Criminal, and
Bankruptcy Procedure runs from the date of service on the resident attorney.
Unless the court orders otherwise, the resident attorney need not personally attend
all proceedings in court.
(e) An attorney must comply with all provisions of this rule within 14 days of his or
her first appearance. In criminal cases, the defendant(s) must execute
designation(s) of retained counsel bearing the signature of both the attorney
appearing pro hac vice and the associated resident attorney. The designation(s)
must be filed and served within the same 14-day period.
(f) The court may grant or deny a petition to practice under this rule. The court may
revoke the authority of the attorney permitted to appear under this rule. Absent
special circumstances and a showing of good cause, repeated appearances by any
attorney under this rule will be cause for denial of the attorney’s verified petition.
(1) It is presumed in civil and criminal cases that more than five appearances
by any attorney granted under this rule in a three-year period is excessive
use of this rule. It is presumed in bankruptcy cases that more than two
documents filed or more than ten proof of claims filed on behalf of
creditor(s) by any attorney under this rule in a one-year period is excessive
use of this rule.
(2) The attorney has the burden to establish special circumstances and good
cause for an appearance in excess of limitations set forth in subsection
(h)(1) of this rule. The attorney must set forth the special circumstances
and good cause in an affidavit attached to the original verified petition.
(g) When all the provisions of this rule are satisfied, the court may enter an order
approving the verified petition for permission to practice in the particular case.
This permission is limited to the particular case. The clerk must not issue a
certificate to practice.
(h) Failure to comply timely with this rule may result in the striking of any and all
documents previously filed by the attorney, the imposition of other sanctions, or
both.
LR IA 11-3. GOVERNMENT ATTORNEYS
Unless the court orders otherwise, any attorney who is a member in good standing of the
highest court of any state, commonwealth, territory, or the District of Columbia, who is
employed by the United States as an attorney and has occasion to appear in this court on behalf
of the United States, is entitled to be permitted to practice before this court during the period of
employment upon motion by the employing federal entity, the United States Attorney, the United
States Trustee’s Office, or the Federal Public Defender for this district or one of the assistants.
LR IA 11-4. LIMITED ADMISSION OF EMERITUS PRO BONO ATTORNEYS
(a) Unless the court orders otherwise, in bankruptcy cases, an attorney who is
certified as an emeritus pro bono attorney under Nevada Supreme Court Rule 49.2
may be admitted to practice before the bankruptcy court under the following
conditions:
(1) The attorney is an inactive member of the State Bar of Nevada in good
standing, or any active or inactive attorney in good standing in any other
jurisdiction;
(2) The attorney provides the pro bono services through an approved Emeritus
Attorney Pro Bono Program provider as defined in S.C.R. 49.2;
(3) The attorney only practices before the bankruptcy court during the period
of the attorney’s association with the provider; and
(4) The attorney satisfies all other requirements of this rule.
(b) An application for admission to practice under this rule must be filed with the
clerk and be accompanied by:
(1) Proof of the attorney’s certification as an emeritus pro bono attorney under
S.C.R. 49.2; and
(2) A statement signed by an authorized representative of the approved
Emeritus Attorney Pro Bono Program provider that the attorney will be
providing legal services under the auspices of the provider.
(c) An emeritus pro bono attorney must file proof with the clerk that the attorney’s
certification as an emeritus attorney has been renewed under S.C.R. 49.2, no later
than 30 days after the date of the renewal.
(d) Permission to practice under this rule is limited to representing the clients of the
Emeritus Attorney Pro Bono Program provider that sponsored the emeritus
attorney’s admission under subsection (b)(2) of this rule. The attorney may not
receive personal compensation for the representation.
(e) Admission to practice under this rule will terminate when:
(1) The attorney ceases to be certified as an emeritus pro bono attorney under
S.C.R. 49.2;
(2) The emeritus pro bono attorney stops providing services for the provider
that sponsored the attorney’s admission under subsection (b)(2); or
(3) The provider that sponsored the attorney’s admission under subsection
(b)(2) is no longer an approved Emeritus Attorney Pro Bono Program
provider under S.C.R. 49.2.
If any of these events occurs, the provider that sponsored the attorney’s admission
under subsection (b)(2) has five days to file a statement to that effect with both
the clerk of this court and with the clerk of the bankruptcy court.
(f) An approved Emeritus Attorney Pro Bono Program provider is entitled to receive
all court-awarded attorney’s fees arising from the emeritus pro bono attorney’s
representation.
(g) The clerk must not issue a certificate to practice or charge an admission fee.
(h) An approved Emeritus Attorney Pro Bono Program provider is subject to all local
rules to which attorneys appearing before the bankruptcy court are subject,
including, without limitation, all rules related to practice and discipline.
LR IA 11-5. LAW STUDENTS
(a) The court may permit a law student acting under the supervision and presence of a
member of the bar of this court to appear in court on behalf of any client.
(b) The supervising attorney must:
(1) Have been admitted to practice before the highest court of any state for 2
years or longer and be admitted to practice before this court;
(2) Appear with the student at all oral presentations before the court;
(3) Sign all documents filed with the court;
(4) Assume professional responsibility for the student’s work in matters
before the court;
(5) Assist and counsel the student in preparing matters before the court;
(6) Be responsible to supplement the student’s presentation to ensure proper
representation of the client; and
(7) Represent to the court that the student has knowledge of the applicable
Federal Rules of Procedures and Evidence, the Model Rules of
Professional Conduct as set forth in LR IA 11-7(a), and all other rules of
this court.
LR IA 11-6. APPEARANCES, SUBSTITUTIONS, AND WITHDRAWALS
(a) Unless the court orders otherwise, a party who has appeared by attorney cannot
while so represented appear or act in the case. This means that once an attorney
makes an appearance on behalf of a party, that party may not personally file a
document with the court; all filings must thereafter be made by the attorney. An
attorney who has appeared for a party must be recognized by the court and all the
parties as having control of the client’s case, however, the court may hear a party
in open court even though the party is represented by an attorney.
(b) If an attorney seeks to withdraw after appearing in a case, the attorney must file a
motion or stipulation and serve it on the affected client and opposing counsel.
The affected client may, but is not required to, file a response to the attorney’s
motion within 14 days of the filing of the motion, unless the court orders
otherwise.
(c) A stipulation to substitute attorneys must be signed by the newly-appearing
attorneys, the withdrawing attorneys, and the represented client and be approved
by the court. Except where accompanied by a request for relief under subsection
(e) of this rule, the attorney’s signature on a stipulation to substitute the attorney
into a case constitutes an express acceptance of all dates then set for pretrial
proceedings, trial, or hearings, by the discovery plan or any court order.
(d) Discharge, withdrawal, or substitution of an attorney will not alone be reason for
delay of pretrial proceedings, discovery, the trial, or any hearing in the case.
(e) Except for good cause shown, no withdrawal or substitution will be approved if it
will result in delay of discovery, the trial, or any hearing in the case. Where delay
would result, the papers seeking leave of the court for the withdrawal or
substitution must request specific relief from the scheduled discovery, trial, or
hearing. If a trial setting has been made, an additional copy of the moving papers
must be provided to the clerk for immediate delivery to the assigned district
judge, bankruptcy judge, or magistrate judge.
LR IA 11-7. ETHICAL STANDARDS, DISBARMENT, SUSPENSION, AND
DISCIPLINE
(a) Model Rules. An attorney admitted to practice under any of these rules must
adhere to the standards of conduct prescribed by the Model Rules of Professional
Conduct as adopted and amended from time to time by the Supreme Court of
Nevada, except as these standards may be modified by this court. An attorney
who violates these standards of conduct, or who fails to comply with this court’s
rules or orders, may be disbarred, suspended from practice before this court for a
definite time, reprimanded, or subjected to other discipline as the court deems
proper. This subsection does not restrict the court’s contempt power.
(b) Conviction. For the purpose of this rule, “conviction” means a judgment by a jury
verdict, bench trial, or entry of a guilty plea.
(c) If an attorney admitted to practice under these rules is subjected to professional
disciplinary action or convicted of any felony or other misconduct that reflects
adversely on the attorney’s honesty, trustworthiness, or fitness as an attorney in
Nevada or in another jurisdiction, the attorney must immediately inform the clerk
in writing of the action. Failure to make this report is grounds for discipline under
these rules.
(d) Upon the clerk’s receipt of a copy of an order or judgment of suspension,
disbarment, transfer to disability inactive status, or of a judicial declaration of
incompetency or conviction of any felony or other misconduct that reflects
adversely on an attorney’s honesty, trustworthiness, or fitness as an attorney
concerning a member of the bar of this court, or any other attorney admitted to
practice before this court, the clerk must bring the order to the court’s attention,
and the court must enter the order under subsection (e), (f), or (g) of this rule.
(e) Reciprocal Discipline
(1) The court must enter an order to show cause why the court should not
enter an order of suspension or disbarment if it receives reliable
information that a member of the bar of this court or any attorney
appearing pro hac vice: (A) has been suspended or disbarred from the
practice of law by the order of any United States Court, or by the bar,
Supreme Court of Nevada, or other governing authority of any state,
territory or possession, or the District of Columbia; or (B) has resigned
from the bar of any United States Court or of any state, territory or
possession, or the District of Columbia, while an investigation or
proceedings for suspension or disbarment was pending.
(2) If the attorney files a response stating that imposition of an order of
suspension or disbarment from this court is not contested, or if the
attorney does not respond to the order to show cause within the time
specified, then the Chief Judge must enter an order of suspension or
disbarment on behalf of the court.
(3) If the attorney files a written response to the order to show cause within
the time specified contesting the entry of an order of suspension or
disbarment, then the Chief Judge or other district judge who may be
assigned must determine whether an order of suspension or disbarment
should be entered. If the attorney has been suspended or disbarred by
another bar, or has resigned from another bar while the disciplinary
proceedings were pending, in the response to the order to show cause the
attorney must set forth facts establishing one or more of the following by
clear and convincing evidence: (A) the procedure in the other jurisdiction
was so lacking in notice or opportunity to be heard as to constitute a
deprivation of due process; (B) there was such an infirmity of proof
establishing the misconduct as to give rise to a clear conviction that the
court should not accept as final the other jurisdiction’s conclusion(s) on
that subject; (C) imposition of like discipline would result in a grave
injustice; or (D) other substantial reasons justify not accepting the other
jurisdiction’s conclusion(s). In addition, at the time the response is filed,
the attorney must file a certified copy of the entire record from the other
jurisdiction or bear the burden of persuading the court that less than the
entire record will suffice.
(4) If an attorney admitted to practice under any of these rules is transferred to
disability inactive status on the grounds of incompetency or disability by
any court of the United States, the Supreme Court of Nevada, or the
highest court of another state, commonwealth, territory, or the District of
Columbia, the court must enter an order requiring the attorney to show
cause why this court should not enter an order placing the attorney on
disability inactive status.
(f) Conviction of Felony or Other Misconduct
(1) An attorney admitted to practice in this court who is convicted of any
felony or other misconduct that reflects adversely on the attorney’s
honesty, trustworthiness, or fitness as an attorney in any court of the
United States, the District of Columbia, or of any state, territory,
commonwealth, or possession of the United States, must report the
conviction to this court within 14 days of its entry. Upon receiving notice
of an attorney’s conviction, regardless of whether sentencing has occurred,
the court will immediately disbar the attorney from practice before this
court. The Chief Judge must file the order.
(2) The Chief Judge will issue an order to show cause at the time of
disbarment directing the disbarred attorney to demonstrate why the
attorney should be reinstated to practice before the court during the
pendency of any appeal of the conviction.
(3) If the attorney is permitted to practice before this court pending an appeal,
within 14 days of the conviction becoming final, the attorney must again
report the conviction and advise the court that it is now final. Once the
court receives notice of the final conviction, the Chief Judge will issue an
order to show cause directing the attorney to demonstrate why the court
should not enter an order of disbarment.
(g) Original Discipline
(1) Initiation. When the clerk or a district, magistrate, or bankruptcy judge of
this district believes an attorney’s conduct may warrant disbarment,
reprimand, or other discipline by this court, other than those matters
addressed in sections (e) and (f), the clerk or judge may issue a written
report and recommendation for the initiation of disciplinary proceedings
(the “recommendation”). The Chief Judge, or another district judge if the
Chief Judge is the judge recommending this action be taken (the
“reviewing judge”), must review the recommendation to determine if clear
and convincing evidence exists for the initiation of disciplinary
proceedings. If the reviewing judge determines that disciplinary
proceedings should be initiated, the reviewing judge must issue an order to
show cause under this rule that identifies the basis for and nature of
possible discipline.
(2) Response. An attorney against whom an order to show cause is issued
under section (g)(1) has 30 days from the date of the order to file a
response. The attorney may include in the response a request (i) to submit
the matter on the recommendation, affidavits, briefs, and the record or
(ii) for a hearing. The failure to request a hearing will be deemed a waiver
of any right to a hearing. The failure to file a timely response may result
in the imposition of discipline by the court without further notice.
(3) Hearing. If a hearing is requested by the attorney, the reviewing judge
must conduct a hearing on the recommendation. If a hearing is not
requested, the matter will be determined by the reviewing judge on the
record submitted. At any hearing under this rule, the attorney may be
represented by counsel, who must file a notice of appearance with the
reviewing judge and with any attorney appointed by the court to prosecute
the matter.
(4) Appointment of Counsel to Prosecute Charges. In appropriate cases, the
reviewing judge may appoint an attorney to prosecute charges of
misconduct and must provide notice of that appointment to the attorney
and his counsel, if any. The court may solicit recommendations from the
Lawyer Representatives of the District of Nevada on an appropriate
appointment. Actual out-of-pocket costs incurred by the attorney
prosecuting the charges will be reimbursed from the non-appropriated
fund after the court’s review and approval.
(5) Determination and Entry of Order. Upon the completion of the hearing, if
any, and the review of the record, the reviewing judge must provide a
decision, either orally from the bench or in a written order, which will be
entered as a final order.
(h) The clerk must distribute copies of any order of disbarment, transfer to disability
inactive status, or other disciplinary order entered under this rule to the attorney
affected, to all the judges in this district, to the clerk of the Nevada Supreme
Court, to the Nevada State Bar Counsel and Executive Director, and to the
American Bar Association’s National Disciplinary Data Bank.
(i) Reinstatement. An attorney who is the subject of an order of disbarment,
suspension, or transfer to disability inactive status may petition for reinstatement
to practice before this court or for modification of the order as may be supported
by good cause and the interests of justice. To be readmitted, a disbarred attorney
must file a petition for reinstatement with the clerk. The petition must contain a
concise statement of the circumstances of the disciplinary proceedings, the
discipline imposed by the court, and the grounds that justify the attorney’s
reinstatement. If this court imposed reciprocal discipline under section (e) of this
rule, and if the attorney was readmitted by the supervising court or the discipline
imposed by the supervising court was modified or satisfied, the petition must
explain the situation with specificity, including a description of any restrictions or
conditions imposed on readmission by the supervising court. The petition will be
referred to the Chief Judge or another district judge at the Chief Judge’s discretion
who will file a determination.
(j) An attorney who, before admission to practice before this court, or during any
period of disbarment, suspension, or transfer to disability inactive status from
such practice, exercises any of the privileges of an attorney admitted to practice
before this court, or who pretends to be entitled to do so, is guilty of contempt of
court and subject to appropriate punishment.
(k) Unless the court orders otherwise, the disciplined attorney must effect service of
the notice of suspension or disbarment on all clients in all active cases, if any,
before this court and must file proof of service of the notice in those cases, which
must include the client’s last known address. Further, the judge presiding over
each individual case retains the discretion to take any action deemed appropriate.
(l) Nothing in this rule limits an individual judge’s power to impose sanctions
authorized under applicable law. Nothing in this rule is intended to limit the
inherent authority of any judge of this court to suspend an attorney from
practicing before that judge on a case-by-case basis after appropriate notice and
an opportunity to be heard.
LR IA 11-8. SANCTIONS
The court may, after notice and an opportunity to be heard, impose any and all
appropriate sanctions on an attorney or party who:
(a) Fails to appear when required for pretrial conference, argument on motion, or
trial;
(b) Fails to prepare for a presentation to the court;
(c) Fails to comply with these Local Rules;
(d) Fails to comply with the Nevada Rules of Professional Conduct; or
(e) Fails to comply with any order of this court.
PART IB—UNITED STATES MAGISTRATE JUDGES
LR IB 1-1. DUTIES UNDER 28 U.S.C. § 636(a)
Each United States magistrate judge in this district is authorized to:
(a) Exercise all powers and duties conferred or imposed upon magistrate judges by 28
U.S.C. § 636(a);
(b) Conduct extradition proceedings under 18 U.S.C. § 3184; and
(c) Establish schedules for the payment of fixed sums to be accepted in lieu of
appearance and thereby terminate proceedings in petty-offense cases. These
schedules may be modified from time to time with the court’s prior approval.
LR IB 1-2. DISPOSITION OF MISDEMEANOR CASES—18 U.S.C. § 3401
A magistrate judge may:
(a) Try persons accused of, and sentence persons convicted of, misdemeanors
committed within this district under 18 U.S.C. § 3401; and
(b) Direct the court’s probation service to conduct a presentence investigation and
render a presentence report in any misdemeanor case.
LR IB 1-3. DETERMINATION OF PRETRIAL MATTERS—28 U.S.C. § 636(b)(1)(A)
A magistrate judge may hear and finally determine any pretrial matter not specifically
enumerated as an exception in 28 U.S.C. § 636(b)(1)(A).
LR IB 1-4. FINDINGS AND RECOMMENDATIONS—28 U.S.C. §636(b)(1)(B)
When a district judge refers to a magistrate judge a motion, petition, or application that a
magistrate judge may not finally determine under 28 U.S.C. § 636 (b)(1)(B), the magistrate judge
must review it, conduct any necessary evidentiary or other hearings, and file findings and
recommendations for disposition by the district judge. Motions subject to this referral include,
but are not limited to:
(a) Motions for injunctive relief, including temporary restraining orders and
preliminary and permanent injunctions;
(b) Motions for judgment on the pleadings;
(c) Motions for summary judgment;
(d) Motions to permit the maintenance of a class action;
(e) Motions to dismiss;
(f) Motions for review of default judgments;
(g) Motions to dismiss or quash an indictment or information made by a defendant in
a criminal case;
(h) Motions to suppress evidence in a criminal case;
(i) Applications for post-trial relief made by individuals convicted of criminal
offenses;
(j) Petitions by inmates challenging conditions of confinement;
(k) Internal Revenue Service summons enforcements;
(l) Review of administrative proceedings; and
(m) Habeas corpus and criminal cases under 28 U.S.C. §§ 636(b)(1)(B), 2241, 2254,
and 2255, except in death penalty cases.
LR IB 1-5. SPECIAL MASTER REFERENCES
A magistrate judge may be designated by a district judge to serve as a special master in
appropriate civil cases under 28 U.S.C. §636(b)(2) and Fed. R. Civ. P. 53.
LR IB 1-6. (RESERVED)
LR IB 1-7. OTHER DUTIES
A magistrate judge is also authorized to:
(a) Exercise general supervision of civil and criminal calendars, conduct calendar and
status calls, and determine motions to expedite or postpone the trial of cases for
the district judges;
(b) Conduct pretrial conferences, settlement conferences, omnibus hearings, and
related pretrial proceedings in civil and criminal cases;
(c) Preside over all initial appearances, preliminary examinations, and arraignments
before the district judge, appoint counsel, accept pleas of not guilty, establish the
times within which all pretrial motions will be filed and responded to, and fix trial
dates. If a plea of guilty or nolo contendere is offered, the matter will be promptly
calendared before a district judge;
(d) Preside when the Grand Jury reports and accepts for the court any indictments
returned, issue warrants and summonses as appropriate, establish the terms of
release pending trial, and continue the same if previously fixed, or modify the
terms of release;
(e) Accept waivers of indictment under Fed. R. Crim. P. 7(b);
(f) Accept petit jury verdicts in civil and criminal cases at the request of a district
judge and fix dates for imposition of sentence;
(g) Issue subpoenas, writs of habeas corpus ad testificandum or prosequendum, and
other orders necessary to obtain the presence of parties, witnesses, or evidence for
court proceedings;
(h) Order the exoneration or forfeiture of bonds;
(i) Fix the terms of release pending sentencing and appeal;
(j) Have and exercise the powers of a district judge with respect to the issuance of
warrants of removal and in the implementation and execution of Fed. R. Crim. P.
40;
(k) Conduct examinations of judgment debtors under Fed. R. Civ. P. 69;
(l) Issue orders authorizing the installation and use of devices to register telephone
numbers dialed or pulsed or directing communication common carriers, as
defined in 18 U.S.C. § 2510(10), to furnish law enforcement agencies with
information, facilities, and technical assistance necessary to accomplish the
installation and use of the registering device;
(m) Decide petitions to enforce administrative summonses;
(n) Preside over proceedings to enforce civil judgments;
(o) Issue orders authorizing entries to effect levies;
(p) Issue administrative inspection warrants;
(q) Serve as a commissioner in land-condemnation cases;
(r) Conduct international prisoner-transfer hearings;
(s) Conduct hearings to determine mental competency under 18 U.S.C. § 4242, et
seq.;
(t) Select petit juries in criminal and civil cases with the consent of the parties; and
(u) Perform any additional duty not inconsistent with the Constitution and laws of the
United States.
LR IB 2-1. CONDUCT OF CIVIL TRIALS BY UNITED STATES MAGISTRATE
JUDGES; CONDUCT OF TRIALS AND DISPOSITION OF CIVIL CASES
UPON CONSENT OF THE PARTIES—28 U.S.C. § 636(c)
The magistrate judges of this district are designated to exercise all jurisdiction in civil
jury and non-jury cases under 28 U.S.C. § 636(c). Upon the written consent of the parties and a
reference of a civil case by the district judge to a magistrate judge, a magistrate judge may
conduct any or all proceedings in the case, including the conduct of a jury or non-jury trial, and
may order the entry of a final judgment under 28 U.S.C. § 636(c). In conducting those
proceedings, a magistrate judge may hear and determine any and all pretrial and post-trial
motions filed by the parties, including case-dispositive motions.
LR IB 2-2. SPECIAL PROVISIONS FOR THE DISPOSITION OF CIVIL CASES BY
A UNITED STATES MAGISTRATE JUDGE ON CONSENT OF THE
PARTIES—28 U.S.C. § 636(c)
(a) Unless the court orders otherwise, the clerk must notify the parties in all civil
cases that they may consent to have a magistrate judge conduct any or all
proceedings in the case and order the entry of a final judgment. The clerk must
serve the notice on all parties at the time of the filing of the scheduling order
required by LR 26-1(a). Additional notices may be furnished to the parties at
later stages of the proceedings and may be included with pretrial notices and
instructions.
(b) After consent forms have been executed and submitted by all parties, the clerk
must transmit the case and the consent forms to the district judge to whom the
case has been assigned to consider referral of the case to a magistrate judge. If
the case is referred to a magistrate judge, the magistrate judge will have the
authority to conduct any and all proceedings to which the parties have consented
and to direct the clerk to enter a final judgment in the same manner as if a district
judge had presided.
(c) Parties may consent to a trial by a magistrate judge up to the date of trial even
though they may have previously declined to sign such a consent.
(d) Parties may consent to have a magistrate judge hear all or any portions of a case
pending before the district judge.
LR IB 3-1. REVIEW AND APPEAL—UNITED STATES MAGISTRATE JUDGE;
REVIEW OF MATTERS THAT MAY BE FINALLY DETERMINED BY A
MAGISTRATE JUDGE IN CIVIL AND CRIMINAL CASES—28 U.S.C. §
636(b)(1)(A)
(a) A district judge may reconsider any pretrial matter referred to a magistrate judge
in a civil or criminal case under LR IB 1-3, when it has been shown the magistrate
judge’s order is clearly erroneous or contrary to law. Any party wishing to object
to the magistrate judge’s order on a pretrial matter must file and serve specific
written objections. The deadline to file and serve any objections to a magistrate
judge’s order is 14 days after service of the order. The deadline to file and serve
any responses to the objections is 14 days after service of the objection. Replies
will be allowed only with leave of the court. Objections, responses, and replies
are subject to the page limits in LR 7-3 and LCR 47-2.
(b) The district judge may affirm, reverse, or modify, in whole or in part, the
magistrate judge’s order. The district judge may also remand the matter to the
magistrate judge with instructions.
LR IB 3-2. REVIEW OF MATTERS THAT MAY NOT BE FINALLY DETERMINED
BY A UNITED STATES MAGISTRATE JUDGE IN CIVIL AND
CRIMINAL CASES, ADMINISTRATIVE PROCEEDINGS, PROBATION-
REVOCATION PROCEEDINGS—28 U.S.C. § 636(b)(1)(B)
(a) Any party wishing to object to a magistrate judge’s findings and
recommendations made under LR IB 1-4, IB 1-5, IB 1-6, and IB 1-7 must file and
serve specific written objections with supporting points and authorities. The
deadline to file and serve any objections to a magistrate judge’s findings and
recommendations is 14 days after service of the findings and recommendations.
The deadline to file and serve any responses to objections is 14 days after service
of the objection. Replies will be allowed only with leave of court. Objections,
responses, and replies are subject to the page limits in LR 7-3 and LCR 47-2.
(b) The district judge must conduct a de novo review of those portions of the
specified findings or recommendations to which objections have been made. The
district judge may accept, reject or modify, in whole or in part, the magistrate
judge’s findings or recommendations. The district judge may also receive further
evidence or remand the matter to the magistrate judge with instructions.
LR IB 3-3. APPEAL FROM JUDGMENTS IN MISDEMEANOR CASES—18 U.S.C.
§ 3402
A defendant may appeal a judgment of conviction by a magistrate judge in a
misdemeanor case to a district judge by filing a notice of appeal within 14 days after entry of the
judgment and by serving a copy of the notice on the United States Attorney. The scope of appeal
will be the same as on an appeal from a judgment of this court to the Court of Appeals.
LR IB 3-4. APPEAL FROM JUDGMENTS IN CIVIL CASES DISPOSED OF ON
CONSENT OF THE PARTIES—28 U.S.C. § 636(c)
Upon the entry of judgment in any civil case disposed of by a magistrate judge on
consent of the parties under 28 U.S.C. § 636(c) and LR IB 2-1, an appeal by an aggrieved party
may be taken directly to the Court of Appeals in the same manner as an appeal from any other
judgment of this court.
PART IC—ELECTRONIC CASE FILING
LR IC 1-1. REQUIREMENTS FOR ELECTRONIC FILING OF COURT
DOCUMENTS
(a) Effective November 7, 2005, the clerk is authorized to maintain the official files
for all cases in electronic form. All cases and proceedings filed on or after
January 1, 2006, will be assigned to the electronic filing system to the extent
required under these rules.
(b) Filer Defined. A “filer” is a person who is issued a login and password to file
documents in the court’s electronic filing system.
(c) Unless the court orders otherwise, the following documents will not be filed
electronically:
(1) Miscellaneous cases;
(2) Documents filed in open court, except that documents otherwise
appropriate for electronic filing must be filed electronically after
conclusion of the hearing or trial;
(3) Settlement Conference Statements;
(4) Early Neutral Evaluation Statements;
(5) Inmate Early Mediation Statements;
(6) Documents presented for in camera review;
(7) Consents to proceed before a magistrate judge;
(8) Documents pertaining to Grand Jury proceedings;
(9) Documents initiating a criminal case;
(10) Bond documents;
(11) Documents not susceptible to electronic filing, such as large maps,
diagrams, photographs, and drawings described in LR IA 10-3(f); and
(12) Discovery documents under LR 26-7.
(d) Notice of Manual Filing. A “Notice of Manual Filing” must be filed
electronically when a document or other item is filed in person at the clerk’s
office. The notice must include: (1) a description of the item, e.g., DVD, CD,
map, etc.; (2) the size of the item, e.g., number of pages, discs, maps, etc.; and
(3) references to other documents filed in the case that the document or item
supports. A copy of the electronically-filed notice must be attached to the item
being manually filed in the clerk’s office. If the filer wants a conformed copy of
the notice, a second copy of the notice must be provided to the clerk.
(e) Electronic Record Is the Official Record. Electronic files consist of the images of
documents filed in legal actions or proceedings and documents created and filed
by electronic means. Together with the other records kept by the court, electronic
files constitute the court’s official record. The clerk will not maintain a hard copy
of documents once the documents are electronically filed.
(f) Court Docket. The electronic filing of a document under these rules constitutes
entry of that document on the docket kept by the clerk under Fed. R. Civ. P. 58
and 79 and Fed. R. Crim. P. 49 and 55 and must be deemed accepted for filing by
the clerk.
(g) The clerk must enter all orders, decrees, judgments and proceedings of the court
under the rules applicable to the electronic filing system.
(h) Notice of Electronic Filing. Upon the entry of a judgment or order generated by
the court in a case assigned to the electronic filing system, the clerk promptly
must transmit to filers a “Notice of Electronic Filing.” The clerk must give notice
in paper form to any person who has not consented to electronic service under the
Federal Rules of Civil and/or Criminal Procedure and these rules.
(i) Public Access. Access to the documents and files maintained in electronic form is
available free of charge in the clerk’s office during regular business hours.
Access also is available via the Internet through the Public Access to Court
Electronic Records system (PACER), a web-based system that provides access to
electronic federal case dockets and filings at the per-page fee established by the
Judicial Conference of the United States.
(1) Access in the Clerk’s Office. Internet access to the documents filed on the
electronic filing system and Internet access to the docket is available for
viewing, without obtaining a PACER login and password, in the clerk’s
office during regular business hours.
(2) Internet Access. Any person or organization may access the electronic
filing system at the court’s website, www.nvd.uscourts.gov, by obtaining a
PACER login and password. Those who have PACER access but are not
filers may retrieve docket sheets and documents, but may not file
documents.
(3) Limiting Electronic Filing or Access. Any person may move for an order
limiting electronic access to, or prohibiting the electronic filing of, certain
specifically identified materials on the grounds that the materials are
subject to privacy interests and that electronic access or electronic filing in
the action is likely to prejudice those privacy interests.
(4) Prohibited Use. Information posted on the electronic filing system must
not be used for any purpose inconsistent with the privacy concerns of any
person or entity.
(5) Paper Copies of Electronically Filed Documents. Conventional paper
copies and certified copies of electronically filed documents may be
obtained from the clerk’s office during regular business hours. The fee for
copying and certification is established by the Judicial Conference for the
United States in 28 U.S.C. § 1914.
LR IC 2-1. ELECTRONIC FILING SYSTEM FILERS: REGISTRATION, TRAINING,
AND RESPONSIBILITIES
(a) Required Filers. Attorneys who are admitted to the bar of this court, admitted to
participate in a case pro hac vice under LR IA 11-2, authorized to represent the
United States and its agencies under LR IA 11-3, or appearing by special
appointment must register as a “filer” to file documents electronically and must
file all documents electronically as set forth in these rules.
(b) A pro se litigant may request the court’s authorization to register as a filer in a
specific case.
(c) A litigant who is not registered as a filer must file documents by delivering
originals of the documents to the clerk’s office by hand delivery, U.S. Mail, or
similar carrier service such as Federal Express.
(d) Registration. Any attorney or other applicant seeking to become a filer must
submit a completed registration form available on the court’s website at
www.nvd.uscourts.gov.
(e) Filer Login and Passwords.LCR
(1) Each f
