All pending motions and other requests directed to the state court are automatically
denied without prejudice upon removal, and they may be refiled in this court. Motions refiled in
this court must include citation to all relevant federal law and must be revised as necessary to
comply with this court’s rules.
PART III—PATENT PRACTICE
LPR 1-1. TITLE
These are the Local Rules of Practice for Patent Cases before the United States District
Court for the District of Nevada.
LPR 1-2. SCOPE AND CONSTRUCTION
These rules supplement the Federal Rules of Civil Procedure and apply to all civil actions
filed in or transferred to this court that allege infringement of a utility patent in a complaint,
counterclaim, cross-claim, or third-party claim, or that seek a declaratory judgment that a patent
is not infringed, is invalid, or is unenforceable. These Rules apply to both pre-Leahy-Smith
America Invents Act (“AIA”) patents and post-AIA patents. For purposes of these Local Patent
Rules, a “pre-AIA” and “post-AIA” patent is defined pursuant to 35 U.S.C. § 100 (note) AIA
First Inventor to File Provisions. The Local Rules of Civil Practice in Part II also apply to these
actions, except to the extent that they are inconsistent with these Local Patent Rules.
LPR 1-3. MODIFICATION OF RULES
The court may apply all or part of these rules to any case already pending on the effective
date of these rules. The court may modify the obligations and deadlines of these rules based on
the circumstances of any particular case, including, without limitation, the simplicity or
complexity of the case as shown by the patents, claims, products, processes, or parties involved.
Modifications may be proposed by one or more parties at the mandatory Fed. R. Civ. P. 26(f)
meeting (“Initial Scheduling Conference”), and then submitted in the stipulated discovery plan
and scheduling order. Modifications also may be proposed by request upon a showing of good
cause. Before submitting any request for a modification, the parties must meet and confer for
purposes of reaching an agreement, if possible, on any modification.
LPR 1-4. GENERAL PROVISIONS
(a) Confidentiality. Discovery and disclosures under these rules cannot be withheld
on the basis of confidentiality absent court order. Not later than 14 days after the
Initial Scheduling Conference, the parties must file a proposed protective order.
Pending entry of a discovery confidentiality protective order, disclosures deemed
confidential by a party must be produced with a confidential designation (e.g.,
“Confidential—Attorneys Eyes Only”), and the disclosure of the information will
be limited to each party’s outside attorney of record, including employees of
outside attorney of record, and used only for litigation purposes.
(b) Compliance. A party who contends that an opposing party has not complied with
its disclosure obligations set forth herein is not excused from complying with its
own disclosure obligations to the best of its ability.
(c) Patent Ineligibility Motions under 35 U.S.C. § 101. A party moving to dismiss
one or more claims as patent-ineligible under § 101 must demonstrate in its
motion, if appropriate, that there is no factual issue, claim construction or
otherwise, that the court need determine before deciding dismissal under
35 U.S.C. § 101. The filing of a § 101 motion before a Claim Construction Order
must not delay any date in the Discovery Plan and Scheduling Order, unless
otherwise ordered by the court.
(d) Special Masters. In a patent case, the court may appoint a Special Master under
Fed. R. Civ. P. 53 according to the parties’ agreement or its own discretion.
During the parties’ Fed. R. Civ. P. 26(f) conference, the parties must meet and
confer on whether the appointment of a Special Master is appropriate. If the
parties agree to use a Special Master, the role of the Special Master must be set
forth in the Discovery Plan and Scheduling Order. Nothing in this Rule prohibits
a party from requesting a Special Master in the absence of an agreement. If a
Special Master is appointed, the cost of the Special Master must be split, half to
plaintiff and half to defendant, unless otherwise ordered by the court.
LPR 1-5. CERTIFICATION OF DISCLOSURES
(a) All statements, disclosures, and charts filed or served under these rules must be
dated and signed by the attorney of record. The attorney’s signature must attest
that, to the best of his or her knowledge, information, and belief, formed after an
inquiry that is reasonable under the circumstances, the disclosure is made in good
faith and the information contained in the statement, disclosure, or chart is correct
at the time it is made and provides a complete statement of the information
presently known to the party. Disclosures required by these rules are in addition
to others required under the Federal Rules of Civil Procedure.
(b) The parties must file with the court a notice certifying that all disclosures required
under LPR 1-6 through 1-11 have been timely provided. The parties must file the
notice within seven days after the deadline for service of the disclosures required
under LPR 1-10. Any variation from these deadlines requires court approval.
LPR 1-6. DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT
CONTENTIONS
Within 14 days after the Initial Scheduling Conference under Fed. R. Civ. P. 26(f), a
party claiming patent infringement must serve on all parties a Disclosure of Asserted Claims and
Infringement Contentions. Separately for each opposing party, the Disclosure of Asserted
Claims and Infringement Contentions must contain the following information:
(a) Each claim of each patent in suit that is allegedly infringed by each opposing
party, including for each claim the applicable statutory subsections of 35 U.S.C.
§ 271 asserted;
(b) Separately for each asserted claim, each accused apparatus, product, device,
process, method, act, or other instrumentality (“Accused Instrumentality”) of each
opposing party of which the party is aware. This identification must be as
specific as possible. Each product, device, and apparatus must be identified by
name or model number, if known. Each method or process must be identified by
name, if known, or by any product, device, or apparatus which, when used,
allegedly results in the practice of the claimed method or process;
(c) A chart identifying specifically where each limitation of each asserted claim is
found within each Accused Instrumentality, including for each limitation that
such party contends is governed by 35 U.S.C. § 112(6) (pre-AIA) or 35 U.S.C.
§ 112(f) (post-AIA), the identity of the structure(s), act(s), or material(s) in the
Accused Instrumentality that performs the claimed function;
(d) For each claim that is alleged to have been indirectly infringed, an identification
of any direct infringement and a description of the acts of the alleged indirect
infringer that contribute to or are inducing that direct infringement. If alleged
direct infringement is based on joint acts of multiple parties, the role of each party
in the direct infringement must be described;
(e) Whether each limitation of each asserted claim is alleged to be literally present or
present under the doctrine of equivalents in the Accused Instrumentality;
(f) For any patent that claims priority to an earlier application, the priority date to
which each asserted claim allegedly is entitled;
(g) If a party claiming patent infringement wishes to preserve the right to rely, for any
purpose, on the assertion that its own apparatus, product, device, process, method,
act, or other instrumentality practices the claimed invention, the party must
identify, separately for each asserted claim, each such apparatus, product, device,
process, method, act, or other instrumentality that incorporates or reflects that
particular claim; and
(h) If a party claiming patent infringement alleges willful infringement, the basis for
the allegation.
LPR 1-7. DOCUMENT PRODUCTION ACCOMPANYING ASSERTED CLAIMS
AND INFRINGEMENT CONTENTIONS
With the Disclosure of Asserted Claims and Infringement Contentions, the party claiming
patent infringement must produce to each opposing party or make available for inspection and
copying:
(a) Documents (e.g., contracts, purchase orders, invoices, advertisements, marketing
materials, offer letters, beta site testing agreements, and third-party or joint
development agreements) sufficient to evidence each discussion with, disclosure
to, or other manner of providing to a third party, or sale of or offer to sell, or any
public use of, the claimed invention before the date of application for the patent in
suit. A party’s production of a document required herein does not constitute an
admission that the document evidences or is prior art under 35 U.S.C. § 102;
(b) All documents evidencing the conception, reduction to practice, design, and
development of each claimed invention, which were created on or before the date
of application for the patent in suit or the priority date identified under LPR
1- 6(f), whichever is earlier;
(c) A copy of the file history for each patent in suit;
(d) All documents evidencing ownership of the patent rights by the party asserting
patent infringement; and
(e) If a party identifies instrumentalities under LPR 1-6(g), documents sufficient to
show the operation of any aspects or elements of such instrumentalities the patent
claimant relies on as embodying any asserted claims. The producing party must
separately identify by production number the documents that correspond to each
category.
LPR 1-8. DISCLOSURE OF NON-INFRINGEMENT, INVALIDITY, AND
UNENFORCEABILITY CONTENTIONS
Within 45 days after service of the Infringement Contentions, each party opposing a
claim of patent infringement must serve on all other parties Non-Infringement, Invalidity, and
Unenforceability Contentions that must include:
(a) A detailed description of the factual and legal grounds for contentions of non-
infringement, if any, including a clear identification of each limitation of each
asserted claim alleged not to be present in the Accused Instrumentality;
(b) A detailed description of the factual and legal grounds for contentions of
invalidity, if any, including an identification of the prior art relied upon and where
in the prior art each element of each asserted claim is found. Each prior-art patent
must be identified by its number, country of origin, and date of issue. Each prior-
art publication must be identified by its title, date of publication, and where
feasible, author and publisher. Prior art under 35 U.S.C. § 102(b) (pre-AIA) or 35
U.S.C. § 102(a) (post-AIA) must be identified by specifying the item offered for
sale or publicly used or known, the date the offer or use took place or the
information became known, and the identity of the person or entity who made the
use or made and received the offer, or the person or entity who made the
information known or to whom it was made known. Prior art under 35 U.S.C.
§ 102(f) (pre-AIA) or disclosures under 35 U.S.C. § 102(b) (post-AIA) must be
identified by providing the name of the person(s) from whom and the
circumstances under which the invention or any part of it was derived. Prior art
under 35 U.S.C. § 102(g) (pre-AIA) or 35 U.S.C. § 102(b) (post-AIA) must be
identified by providing the identities of the person(s) or entities involved in, and
the circumstances surrounding, the making of the invention before the patent
applicant(s);
(c) Whether each item of prior art anticipates each asserted claim or renders it
obvious. If obviousness is alleged, an explanation of why the prior art renders the
asserted claim obvious, including an identification of any combinations of prior
art showing obviousness;
(d) A chart identifying specifically where in each alleged item of prior art each
limitation of each asserted claim is found, including for each limitation that a
party contends is governed by 35 U.S.C. § 112(6) (pre-AIA) or 35 U.S.C. § 112(f)
(post-AIA), the identity of the structure(s), act(s), or material(s) in each item of
prior art that performs the claimed function;
(e) A detailed statement of any grounds of invalidity based on 35 U.S.C. § 101,
indefiniteness under 35 U.S.C. § 112(2) (pre-AIA) or 35 U.S.C. § 112(b) (post-
AIA) or failure of enablement, best mode, or written description requirements
under 35 U.S.C. § 112(1) (pre-AIA) or 35 U.S.C. § 112(a) (post-AIA);
(f) A detailed description of the factual and legal grounds for contentions of
unenforceability (including misuse), if any, including the identification of all
dates, conduct, persons involved, and circumstances relied on for the contention,
and when unenforceability is based on any alleged affirmative misrepresentation
or omission of material fact committed before the United States Patent and
Trademark Office, the identification of all prior art, dates of the prior art, dates of
relevant conduct, and persons responsible for the alleged affirmative
misrepresentation or omission of material fact; and
(g) A statement whether the party intends to petition for review or reexamination
before the United States Patent and Trademark Office and, if so, the scope of such
petition. If a party indicates its intention to file a petition for review or
reexamination, it must file a notice of such intention with the court and include
the contemplated scope of such petition.
LPR 1-9. DOCUMENT PRODUCTION ACCOMPANYING INVALIDITY
CONTENTIONS
At the time of service of the Non-Infringement, Invalidity, and Unenforceability
Contentions, each party defending against patent infringement must also produce to each
opposing party or make available for inspection and copying:
(a) Source code, specifications, schematics, flow charts, artwork, formulas, or other
documentation sufficient to show the operation of any aspects or elements of an
Accused Instrumentality identified by the patent claimant in its LPR 1-6(c) chart;
and
(b) A copy or sample of the prior art identified under LPR 1-8(b) that does not appear
in the file history of the patent(s) at issue. To the extent the item is not in English,
an English translation of the portion(s) relied on must be produced. The
producing party must separately identify by production number the documents
that correspond to each category.
LPR 1-10. RESPONSE TO INVALIDITY, AND UNENFORCEABILITY
CONTENTIONS
Within 14 days after service of the Non-Infringement, Invalidity, and Unenforceability
Contentions, each party claiming patent infringement must serve on all other parties its response
to the Invalidity, and Unenforceability Contentions. The response must include a detailed
description of the factual and legal grounds responding to each contention of invalidity
(including whether the party admits to the identity of elements in asserted prior art and, if not,
the reason for denial) and unenforceability.
LPR 1-11. DISCLOSURE REQUIREMENT IN PATENT CASES FOR
DECLARATORY JUDGMENT OF INVALIDITY
In all cases in which a party files a complaint seeking a declaratory judgment that a patent
is not infringed, is invalid, or is unenforceable, each party seeking a declaratory judgment must
serve on all other parties its Non-Infringement, Invalidity, and Unenforceability Contentions and
corresponding LPR 1-9 document production within 14 days after the Initial Scheduling
Conference. Within 45 days after service of the Non-Infringement, Invalidity, and
Unenforceability Contentions, each party opposing the declaratory judgment must serve on all
other parties its response to these contentions and, if the opposing party asserts a claim for patent
infringement, its Disclosure of Asserted Claims and Infringement Contentions, including
corresponding LPR 1-7 document production. LPR 1-11 does not apply to cases in which a
request for a declaratory judgment that a patent is invalid is filed in response to a complaint for
infringement of the same patent.
LPR 1-12. AMENDMENT TO DISCLOSURES
Other than as provided in LPR 1-18a no other amendments to disclosures may be made
other than as set forth herein absent a showing of good cause. Non-exhaustive examples of
circumstances that may, absent undue prejudice to the nonmoving party, support a finding of
good cause include: (a) material changes to the other party’s contentions; (b) recent discovery of
material prior art despite earlier diligent search; and (c) recent discovery of nonpublic
information about the Accused Instrumentality despite earlier diligent search. The duty to
supplement discovery responses does not excuse the need to obtain leave of the court to amend
contentions.
LPR 1-12a. DISCLOSURE REQUIREMENTS FOR PATENT CASES ARISING
UNDER 21 U.S.C. § 355 (HATCH-WAXMAN ACT)
The following provision applies to all patents subject to a Paragraph IV certification in
cases arising under 21 U.S.C. § 355 (“the Hatch Waxman Act”). This provision takes
precedence over any conflicting provisions in LPR 1-6 to 1-12 for all cases arising under 21
U.S.C. § 355.
(a) Upon the filing of a responsive pleading to the complaint, the defendant(s) must
produce to plaintiff(s) the entire Abbreviated New Drug Application (“ANDA”)
or New Drug Application that is the basis of the case in question.
(b) Not more than 7 days after the Initial Scheduling Conference, plaintiff(s) must
identify the asserted claims.
(c) Not more than 14 days after the disclosures required by subsection (b), the
defendant(s) must provide to plaintiff(s) the written basis for its claims of
noninfringement, invalidity, or unenforceability for any patents referred to in
defendant(s) Paragraph IV Certification. This written basis must contain all
disclosures required by LPR 1-8 and must be accompanied by the production of
documents required by LPR 1-9.
(d) Not more than 45 days after the disclosure of the written basis for any defense of
non-infringement as required by subsection (c), plaintiff(s) must provide
defendant(s) with its infringement contentions and response to invalidity and
unenforceability contentions for all patents referred to in defendant(s) Paragraph
IV Certification, which must contain all disclosures required by LPR 1-6 and 1-10
and must be accompanied by the production of documents required by LPR 1-7
and 1-11.
(e) Each party that has an ANDA application pending with the Food and Drug
Administration (“FDA”) that is the basis of the pending case must: (1) notify the
FDA of any and all motions for injunctive relief no later than 3 business days
after the date on which such a motion is filed; and (2) provide a copy of all
correspondence between itself and the FDA pertaining to the ANDA application
to each party asserting infringement, or set forth the basis of any claim of
privilege for such correspondence, no later than 7 days after the date it sends or
receives any such correspondence.
(f) Unless informed of special circumstances, the court intends to set all Hatch-
Waxman cases for final pretrial hearing at or near 24 months from the date of the
filing of the complaint. After entry of the Scheduling Order, the parties will file a
stipulation with the court requesting the setting of a trial date.
LPR 1-13. EXCHANGE OF PROPOSED TERMS FOR CONSTRUCTION
Not later than 90 days after the Initial Scheduling Conference under Fed. R. Civ. P. 26(f),
each party must serve on each other party a list of patent claim terms that the party contends
should be construed by the court, and identify any claim term that the party contends should be
governed by 35 U.S.C. § 112(6) (pre-AIA) or 35 U.S.C. § 112(f) (post-AIA). The parties must
thereafter meet and confer for the purposes of limiting the terms in dispute by narrowing or
resolving differences and facilitating the ultimate preparation of a Joint Claim Construction and
Prehearing Statement. The parties must jointly identify the terms likely to be most significant to
resolving the parties’ dispute, including those terms for which construction may be case or claim
dispositive.
LPR 1-14. EXCHANGE OF PRELIMINARY CLAIM CONSTRUCTIONS AND
EXTRINSIC EVIDENCE
Not later than 14 days after the exchange of lists under LPR 1-13, the parties must
simultaneously exchange proposed constructions of each term identified by either party for claim
construction. Each Preliminary Claim Construction must also, for each term that any party
contends is governed by 35 U.S.C. § 112(6) (pre-AIA) or 35 U.S.C. § 112(f) (post-AIA), identify
the structure(s), act(s), or material(s) corresponding to that term’s function.
At the same time the parties exchange their respective Preliminary Claim Constructions,
each party must also:
(a) Identify all references from the specifications or prosecution history that support
its proposed construction and designate any supporting extrinsic evidence
including, without limitation, dictionary definitions, citations to learned treatises
and prior art, and testimony of percipient and expert witnesses. Extrinsic
evidence must be identified by production number or by producing a copy if not
previously produced. With respect to any supporting witness, percipient or
expert, the identifying party also must provide a description of the substance of
that witness’s proposed testimony that includes a list of any opinions to be
rendered in connection with claim construction; and
(b) Schedule a time for counsel to meet and confer for the purposes of narrowing the
issues and finalizing preparation of a Joint Claim Construction and Prehearing
Statement.
LPR 1-15. JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
Not later than 14 days after the exchange of Preliminary Claim Constructions and
Extrinsic Evidence under LPR 1-14, the parties must prepare and submit to the court a Joint
Claim Construction and Prehearing Statement, which must contain the following information:
(a) The construction of those terms on which parties agree;
(b) Each party’s proposed construction of each disputed term, together with an
identification of all references from the specification or prosecution history that
support that construction, and an identification of any extrinsic evidence known to
the party on which it intends to rely either to support its proposed construction or
to oppose any other party’s proposed construction, including, but not limited to,
as permitted by law, dictionary definitions, citations to learned treatises and prior
art, and testimony of percipient and expert witnesses;
(c) An identification of the terms whose construction will be most significant to the
resolution of the case. The parties must also identify any term whose construction
will be case or claim dispositive;
(d) The anticipated length of time necessary for the Claim Construction Hearing;
(e) Whether one or more parties seeks to provide a tutorial, and, if so, the anticipated
length of time for such tutorial(s);
(f) Three potential dates on which a Claim Construction Hearing could be held.
These dates must be within 60 days of the date by which claim construction
briefing is to be completed; and
(g) Whether any party proposes to call one or more witnesses at the Claim
Construction Hearing, the identity of those witnesses, and for each witness, a
summary of his or her testimony including, for any expert, each opinion to be
offered related to claim construction. Terms to be construed by the court must be
included in a chart that sets forth the claim language as it appears in the patent
with terms and phrases to be construed in bold and include each party’s proposed
construction and any agreed proposed construction.
LPR 1-16. CLAIM CONSTRUCTION BRIEFING
Not later than 21 days after submitting to the court the Joint Claim Construction and
Prehearing Statement, the party claiming patent infringement (or the party asserting invalidity if
there is no infringement issue present in the case) must serve and file an opening claim
construction brief and any evidence supporting its claim construction.
Not later than 21 days after service of the opening brief, each opposing party must serve
and file its responsive brief and supporting evidence.
Not later than 7 days after service on it of a responsive brief, the party claiming patent
infringement, or the party asserting invalidity if there is no infringement issue present in the case,
must serve and file any reply brief and any evidence directly rebutting the supporting evidence
contained in an opposing party’s response.
Deviations from the claim construction positions submitted in the Joint Claim
Construction and Prehearing Statement will be permitted only upon a showing of good cause.
LPR 1-17. CLAIM CONSTRUCTION HEARING AND ORDER
The court intends to conduct a Claim Construction Hearing, unless it believes a hearing is
unnecessary for construction of the claims. If the court determines a hearing is not necessary, it
will issue an order stating that no hearing will be held. If a hearing is conducted the court will,
schedule permitting, hold such hearing within 60 days of the completion of claim construction
briefing in accordance with a date set forth in the Joint Claim Construction and Prehearing
Statement. Except in special circumstances, the court intends to issue a Claim Construction
Order within 60 days of either (a) the date of the Claim Construction Hearing, if one is held, or
(b) the court’s order stating that no Claim Construction Hearing will be held.
LPR 1-18. AMENDING CLAIM CONSTRUCTION SCHEDULE
The claim-construction schedule under this rule may be amended with leave of the court
if circumstances warrant, including the court’s decision to adjudicate issues regarding patent
validity, patent enforceability, or both before claim construction is necessary.
LPR 1-18a. POST-CLAIM CONSTRUCTION AMENDMENT OF CONTENTIONS
Within 14 days of a Claim Construction Order the parties are required to meet and confer
in order to reasonably limit the number of claims and prior art references asserted. Within 30
days of a Claim Construction Order, the parties are to amend their disclosures accordingly, and
include any other amendments to their disclosure at that time.
LPR 1-18b. OPINION OF COUNSEL DEFENSES
Within 30 days of a Claim Construction Order, each party opposing a claim of patent
infringement that will rely on an opinion of counsel as part of a defense must:
(a) Produce or make available for inspection and copying the opinion(s) and any
other documents relating to the opinion(s) as to which that party agrees the
attorney-client or work product protection has been waived; and
(b) Serve a privilege log identifying any other documents, except those authored by
counsel acting solely as trial counsel, relating to the subject matter of the
opinion(s) which the party is withholding on the grounds of attorney-client
privilege or work product protection.
A party opposing a claim of patent infringement who does not comply with the
requirements of this LPR 1-18b will not be permitted to rely on an opinion of counsel as part of a
defense absent a stipulation of all parties or by order of the court, which must be entered only
upon a showing of good cause.
LPR 1-19. MANDATORY SETTLEMENT CONFERENCES FOR PATENT CASES
Mandatory settlement conferences for patent cases must be conducted by the magistrate
judge assigned to the case as follows:
(a) A Post-Claim Construction Order Settlement conference must be held within 30
days after entry of the claim construction order; and
(b) A Pretrial Settlement Conference must be held within 30 days after filing the
Pretrial Order or further order of the court.
LPR 1-20. STAY OF FEDERAL COURT PROCEEDINGS
The court may order a stay of litigation pending the outcome of any reexamination or
review proceeding before the United States Patent and Trademark Office that concerns a patent
at issue in the federal court litigation. Whether the court stays litigation upon the request of a
party will depend on the circumstances of each particular case, including without limitation: (1)
whether a stay will unduly prejudice or present a clear tactical disadvantage to the nonmoving
party, (2) whether a stay will simplify the issues in question and the trial of the case, and (3)
whether discovery is complete and a trial date has been set.
LPR 1-21. GOOD FAITH PARTICIPATION
A failure to make a good-faith effort to provide disclosures, narrow the instances of
disputed claim-construction terms, reduce the number of claims and prior art references asserted,
participate in the meet-and-confer process, or comply with any other obligations under these
rules may expose an attorney to sanctions, including under 28 U.S.C. § 1927.
LPR 1-22. FORM OF DISCOVERY PLAN AND SCHEDULING ORDER
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
________________________, )
Plaintiff, ) Case No.
)
vs. ) [SAMPLE] DISCOVERY PLAN AND
) SCHEDULING ORDER
__________________________, )
Defendant. ) SPECIAL SCHEDULING REVIEW
) REQUESTED FOR A PATENT CASE
______________________________)
Under Fed. R. Civ. P. 26(f), Local Rule 26-1, and Patent Local Rules 16.1-1 et seq., the
respective parties conducted a discovery-planning conference on January __, 20__, and hereby
submit to the court the following proposed Discovery Plan and Scheduling Order:
1. Discovery Cut-Off October __, 20__ (270 days)
2. Joint Protective Order January __, 20__ [14 days after discovery-
planning conference]
3. Disclosure of Rule 26(a) Initial January __, 20__
Disclosures, Asserted Claims, and
Infringement Contentions
4. Disclosure of Non-Infringement, March __, 20__ [45 days later]
Invalidity, and Unenforceability
Contentions
5. Response to Invalidity and March __, 20__ [14 days later]
Unenforceability Contentions
6. Motion to Amend Pleadings/Parties July __, 20__ [90 days to close of discovery]
7. Exchange of Proposed Terms of April __, 20__ [90 days from Scheduling
Construction Conference]
8. Exchange of Preliminary Claim April __, 20__ [14 days later]
Construction
9. Submit Joint Claim Construction and April __, 20__ [14 days later]
Prehearing Statement
10. Opening Claim Construction Brief May __, 20__ [21 days later]
11. Response to Claim Construction Brief June __, 20__ [21 days later]
12. Reply Claim Construction Brief and June __, 20__ [7 days later]
Matter Submitted to court for Hearing
13. Claim Construction Tutorials, Hearing, July __, 20__ [within 60 days after the Reply
and Order from the court brief is filed, the court will complete its
hearing, and issue its order within an
additional 60 days. If the court is unable to
issue its order within 120 days after
submission of the Reply brief, the court may
reset expert disclosure deadlines as requested
by a party or stipulation]
14. Disclosure of amended contentions under August __, 20__ [30 days after the Claim
LPR 1-18a and opinion of counsel defense Construction Order]
under LPR 1-18b
15. Expert Designations September __, 20__ [60 days after Claim
construction Order issued by court]
16. Rebuttal Expert Designations October __, 20__ [30 days after the Claim
Construction Order]
17. Expert Discovery Cut-off November __, 20__ [30 days after Rebuttal
Expert Designations]
18. Dispositive Motion Deadline December __, 20__ [30 days after expert
discovery closes]
IT IS ORDERED that within 30 days after the court enters a Claim Construction Order,
the parties must submit to a Post-Claim Construction Settlement Conference as set by the court.
IT IS FURTHER ORDERED that any extension of the discovery deadline will not be
allowed without a showing of good cause for the extension. All motions or stipulations to extend
discovery must be received by the court at least 21 days before the expiration of the subject
deadline. A request made after this date will not be granted unless the movant demonstrates that
the failure to act was the result of excusable neglect. The motion or stipulation must include:
(a) A statement specifying the discovery completed by the parties as of the date of the
motion or stipulation;
(b) A specific description of the discovery that remains to be completed;
(c) The reasons why the remaining discovery was not completed within the time limit
of the existing discovery deadline; and
(d) A proposed schedule for the completion of all remaining discovery.
IT IS FURTHER ORDERED that, if no dispositive motions will be filed within the time
specified in this order, then the parties must file a written, joint proposed pretrial order within 30
days of the dispositive motion cutoff, on or before December __, 20__. If dispositive motions
are filed, then the parties must file a written, joint proposed pretrial order within 30 days of the
date the court enters a ruling on the dispositive motions. Within 30 days of the entry of a pretrial
order, or as further ordered by the court, the parties must submit to a pretrial settlement
conference.
IT IS SO ORDERED.
___________________________________
UNITED STATES MAGISTRATE JUDGE
DATED: ____________________.
PART IV—CRIMINAL PRACTICE
LCR 1-1. SCOPE AND PURPOSE
(a) These are the Local Rules of Criminal Practice for the United States District
Court for the District of Nevada. These rules are promulgated under 28 U.S.C.
§ 2071 and Fed. R. Crim. P. 57 and apply to all criminal proceedings unless the
court orders otherwise.
(b) The court expects a high degree of professionalism and civility from attorneys.
LCR 4-1. COMPLAINT, WARRANT, OR SUMMONS BY TELEPHONE OR
OTHER RELIABLE ELECTRONIC MEANS
(a) Discretion of the Court. The consideration of information related to a complaint,
warrant, or summons communicated by telephone or other reliable electronic
means is at the discretion of the court.
(b) Justification. The request to consider information related to a complaint, warrant,
or summons communicated electronically must, to the extent applicable, include:
(1) The name, position or title, and physical location of the person providing
the information;
(2) A brief description of the complaint, warrant, or summons; and
(3) A short, specific statement of the basis for the request that the information
be considered by electronic means.
(c) Responsibility of the Requesting Party. It is the responsibility of the requesting
party to:
(1) Have the testimony recorded verbatim by an electronic recording device,
by a court reporter, or in writing;
(2) Have any recording or the reporter’s notes transcribed, have the
transcription certified as accurate, and file it;
(3) Sign any other written record, certify its accuracy, and file it; and
(4) File the exhibits.
LCR 7-1. NOTICING THE COURT ON RELATED CASES
The government must promptly file a Notice of Related Cases whenever a criminal case
previously filed and one or more complaints, informations, or indictments later filed:
(a) Arise out of the same conspiracy, common scheme, transaction, series of
transactions or events; or
(b) Involve one or more defendants in common and would entail a substantial
duplication of labor in pretrial, trial, or sentencing proceedings if heard by
different judges.
The Notice of Related Cases must be filed and served in each case, must identify the
related cases by number, and must set forth the reasons why counsel believes the cases are
related. Whenever practicable, the government must file the Notice of Related Cases with the
indictment or information and serve it upon opposing counsel promptly after that counsel has
been ascertained.
If a Notice of Related Cases is filed, the assigned judges will determine whether the
actions will be assigned to a single district or magistrate judge.
LCR 10-1. WRITTEN WAIVER OF DEFENDANT’S APPEARANCE AT
ARRAIGNMENT
A defendant who is charged by indictment or misdemeanor information may waive his or
her right to be present for an arraignment if:
(a) At least seven days before the date set for arraignment, the defendant and defense
counsel sign and submit to the court a written waiver that contains the following
declarations:
(1) The defendant has received and read a copy of the indictment or
information and understands the nature of the charge(s);
(2) The defendant understands that he or she has the right to remain silent, the
right to trial by jury, the right to compulsory process, and the right to the
assistance of counsel;
(3) Counsel has no reason to question the defendant’s competence to assist in
the defense of the case;
(4) Defendant has a right to be present at the arraignment and waives that
right; and
(5) Defendant’s plea to the charge(s) is not guilty; and
(b) The court accepts the waiver.
LCR 12-1. TIME FOR FILING PRETRIAL MOTIONS, RESPONSES, AND REPLIES
(a) Unless the court orders otherwise:
(1) Each party has 30 days from the arraignment to file and serve the pretrial
motions and notices specified in subsection (b) of this rule;
(2) Responses to pretrial motions and notices must be filed and served within
14 days from the date of service of the motion; and
(3) A reply brief may be filed and served within seven days from the date of
service of the response. The reply brief must only address arguments
made in the response.
(b) The following pretrial motions and notices must be filed within the time period in
subsection (a) of this rule:
(1) Defenses and objections based on defects in the institution of the
prosecution (except challenges to the composition of the grand or petit
jury, which are governed by 28 U.S.C. § 1867);
(2) Defenses and objections based on defects in the indictment or information
(except objections based on a failure to show the court’s jurisdiction or to
charge an offense, which may be noticed by the court at any time during
the pendency of the proceedings);
(3) Motion for bill of particulars, Fed. R. Crim. P. 7(f);
(4) Motion to sever, Fed. R. Crim. P. 14;
(5) Written demand by the government for notice of an alibi defense, Fed. R.
Crim. P. 12.1;
(6) Notice of insanity defense or expert evidence of a mental condition, Fed.
R. Crim. P. 12.2;
(7) Notice of defense based on public authority, Fed. R. Crim. P. 12.3; and
(8) Motion to suppress evidence, Fed. R. Crim. P. 41(h).
(c) Any party filing pretrial motions, responses to motions, or replies must provide a
certification that the motion, response, or reply is filed timely. The certification
must be identified and must be set forth separately as an opening paragraph in the
motion, response, or reply.
(d) Fed. R. Crim. P. 45 governs the computation of time.
LCR 12-2. TRIAL-RELATED MOTIONS
For trial-related motions outside the scope of LCR 12-1(b), such as motions in limine,
such motions will not be considered unless the movant attaches a statement certifying that the
parties have participated in the meet-and-confer process as defined by LR IA 1-3(f) and have
been unable to resolve the matter without court action.
LCR 12-3. MOTION FOR REVIEW OF MAGISTRATE JUDGE’S RELEASE OR
DETENTION ORDER.
A motion under 18 U.S.C. § 3145(a) or (b) seeking review by a district judge of a
magistrate judge’s release or detention order must be titled “Motion for District Judge Review of
Magistrate Judge’s Release (or Detention) Order.” Any such motions must be filed and served
without undue delay. Any response thereto must be filed within 14 days of the filing of the
motion. Replies will be allowed only with leave of the court. The briefing of such motions is
subject to the page limits set forth in LCR 47-2. The district judge must conduct a de novo
review and may hold an evidentiary hearing on the motion.
LCR 16-1. DISCOVERY
(a) Complex Cases
(1) At any time after arraignment, the court on its own motion or on motion
by any party, and for good cause shown, may designate a case as complex.
(2) In all cases designated as complex, the parties must, within seven days
after the designation, meet and confer to develop a proposed complex case
schedule that addresses the following:
(A) The scope, timing, and method of the disclosures required by
federal statute, rule, or the United States Constitution, and any
additional disclosures that will be made by the government;
(B) Whether the disclosures should be conducted in phases, and the
timing of the disclosures;
(C) Discovery issues and other matters about which the parties agree or
disagree, and the anticipated need, if any, for motion practice to
resolve discovery disputes;
(D) Proposed dates for the filing of pretrial motions and for trial;
(E) Stipulations for the exclusion of time for speedy trial purposes
under 18 U.S.C. § 3161; and
(F) Electronic exchange or storage of documents.
(3) The parties must file the proposed complex-case schedule within seven
days after meeting and conferring under subsection 16-1(a)(2).
(4) As soon as practicable after the filing of the proposed complex-case
schedule, the court must enter an order fixing the schedule for discovery,
pretrial motions, and trial, and determining exclusions of time under 18
U.S.C. § 3161, or must conduct a pretrial conference to address
unresolved scheduling and discovery matters.
(b) Non-Complex Cases. In cases that are not designated as complex under
subsection 16-1(a), the parties must meet and confer to designate whether
discovery in the case will be governed by a joint discovery agreement or a
government disclosure statement.
(1) Joint Discovery Agreement
(A) The parties must meet and confer promptly to discuss the scope,
timing, and method of the disclosures required by section 16-
1(b)(1)(B) and any additional disclosures that the parties agree
upon. The parties must file a joint discovery agreement within
seven days after arraignment, unless the court orders otherwise.
The joint discovery agreement must set forth the scope, timing, and
method of the required disclosures and any additional disclosures
that the parties agree upon.
(B) In cases that will be governed by a joint discovery agreement, the
parties agree that:
(i) The government will disclose:
(a) All matters required by federal statute, rule, or the
United States Constitution; and
(b) Any investigative reports that describe facts relating
to charges in the indictment and any audio or video
recordings that relate to the charges in the
indictment, subject to any applicable work-product
protections, law-enforcement privileges, or
protective orders.
(ii) The defense will make any reciprocal disclosures required
by federal statute, rule, or the United States Constitution.
(C) In cases governed by a joint discovery agreement:
(i) All parties will be deemed to have made all requests,
demands, and reciprocal requests for discovery and any
notices required by statute, rule, or the United States
Constitution;
(ii) All discovery matters will be deemed to be governed by
LCR 16-1(b) and the joint discovery agreement;
(iii) The government must make the disclosures required by
federal statute, rule, or the United States Constitution
available within seven days after filing the joint discovery
statement;
(iv) The government must make all other disclosures to which it
has agreed available within the times set forth in the joint
discovery agreement;
(v) The defense must make its reciprocal disclosures available
to the government no later than 14 days before trial;
(vi) Both parties have a continuing duty to disclose; and
(vii) Neither party may withhold a disclosure subject to this rule
or the joint discovery agreement without providing the
other party with notice of the intention to withhold the
disclosure. The notice must describe the nature of the
disclosure being withheld and the basis on which it is being
withheld in sufficient detail to permit the opposing party to
file a discovery motion.
(2) Government Disclosure Statement
(A) In cases in which the parties have not entered into a joint discovery
agreement, the government must file a disclosure statement. In
these cases, within seven days after arraignment, the parties must
meet and confer about the timing, scope, and method of the
disclosures and reciprocal disclosures required by federal statute,
rule, or the United States Constitution, and any additional
disclosures that the government will make.
(B) Within seven days after the conference, but in no event more than
14 days after the date of arraignment, the government must file its
disclosure statement, which must include the following
information:
(i) The date on which the parties discussed the disclosure
statement, or an explanation of why a discussion has not
occurred;
(ii) The scope, timing, and method of the government’s
disclosures;
(iii) What, if any, disclosures the government has made
identified by bates number and when those disclosures
were made; and
(iv) The scope, timing, and method of any additional
disclosures that the government will make.
(c) Discovery Disputes. Before filing any motion for discovery, the attorney for the
moving party must meet and confer with the opposing attorney in a good-faith
effort to resolve the discovery dispute as defined by LR IA 1-3(f). Any motion
for discovery must contain a statement by the moving party’s attorney certifying
that, after personal consultation with the attorney for the opposing party, he or she
has been unable to resolve the dispute without court action.
LCR 17-1. ISSUANCE OF SUBPOENAS REQUESTED BY THE FEDERAL PUBLIC
DEFENDER, APPOINTED COUNSEL, OR A PRO SE DEFENDANT
(a) When a finding of indigency is made in a criminal case and the court orders the
appointment of the Office of the Federal Public Defender under the Criminal
Justice Act, 18 U.S.C. §§ 3006A, et seq., the clerk must issue subpoenas upon
oral request and submission of prepared subpoenas by the attorneys of the Office
of the Federal Public Defender. The cost of process, fees, and expenses of
witnesses subpoenaed must be paid as for witnesses subpoenaed on behalf of the
United States. The United States Marshal must provide these witnesses with
advance funds for the purpose of travel within this district and subsistence. This
rule only applies to witnesses who reside or are served within the District of
Nevada. Any subpoenas that must be served outside the District of Nevada
require court approval under Fed. R. Crim. P. 17(b).
(b) A further showing of indigency or necessity will not be required after an order is
entered under subsection (a) of this rule for subpoenas to be served within the
District of Nevada.
(c) An attorney appointed under the Criminal Justice Act will be required to apply
under Fed. R. Crim. P. 17(b) for the issuance of subpoenas, whether for service
within or outside of the District of Nevada.
(d) A defendant who is acting pro se must apply under Fed. R. Crim. P. 17(b) for the
issuance of subpoenas, whether for service within or outside of the District of
Nevada.
(e) The subpoena or proposed subpoena must be in a form approved by the court.
LCR 32-1. SENTENCING
In all cases that are set for sentencing on a conviction for an offense, which occurred after
November 1, 1987, the provisions of Fed. R. Crim. P. 32(b) and the following procedure apply
unless the court orders otherwise:
(a) Unless waived by the defendant, the probation officer must furnish the
presentence investigation report referenced in Fed. R. Crim. P. 32 to the
defendant, the defendant’s attorney, and the Attorney for the United States at least
35 days before the sentencing hearing.
(b) The parties must communicate in writing to each other and to the probation
officer within 14 days after receiving the presentence investigation report any
objections to the presentence investigation report that will affect the probation
officer’s recommendation to the court. After receiving the objections, the
probation officer may meet with the parties and revise the report before
submitting it to the court. If a party later raises an objection that had not been
identified as required by this subsection, the court may determine that this failure
constitutes good cause to continue the sentencing hearing.
(c) The presentence investigation report and any addendum or revision must be
submitted to the court at least seven business days before the sentencing hearing.
All revisions and addenda must be provided to the parties.
(d) Any sentencing memorandum addressing unresolved objections to the
presentence investigation report or other sentencing issues must be filed and
served on opposing attorneys and the United States Probation Office at least five
business days before the sentencing hearing, and any response to the sentencing
memorandum must be filed and served at least three business days before the
sentencing hearing.
(e) For purposes of this rule, a “business day” is any day that is not a Saturday,
Sunday, legal holiday, or other day for which the Chief Judge has closed the
courthouse in which the action is pending.
(f) Any motion for a forfeiture order must be filed and served on opposing attorneys
no later than 28 days before the sentencing hearing, any response must be filed
and served within 14 days from the date of service of the forfeiture motion, and
any reply brief may be filed and served within seven days from the date of the
service of the response.
LCR 32-2. DISCLOSURE OF PRESENTENCE INVESTIGATION REPORTS,
SUPERVISION RECORDS OF THE UNITED STATES PROBATION
OFFICE, AND TESTIMONY OF THE PROBATION OFFICER
(a) Confidentiality. The presentence investigation report, supporting documents, and
supervision records are confidential court documents and are not available for
public inspection. They are not to be reproduced or distributed to other agencies
or other individuals without permission of the determining official or when
mandated by statute. The determining official authorized to make disclosure
decisions under this rule is a district judge, magistrate judge, or Chief Probation
Officer (after consultation with the Chief Judge) of the District of Nevada.
(b) Disclosure of the Presentence Investigation Report and Confidential Materials for
Sentencing Purposes.
(1) When a copy or draft of a presentence investigation report is provided to
the parties, the Probation Office will advise the parties in writing that (A)
defense counsel is responsible for providing the defendant with a copy of
the report, (B) the report is not a public record, and (C) the contents of the
report may not be further disclosed to unauthorized persons.
(2) If the presentence investigation report (A) contains information or material
that includes diagnostic opinions that might seriously disrupt a program of
rehabilitation, (B) identifies a source of information obtained upon a
promise of confidentiality, or (C) contains any other information that, if
disclosed, might result in harm, physical or otherwise, to the defendant or
another person, the information must be excluded from the presentence
investigation report and included in an addendum or attachment that must
not be distributed to the defendant’s attorney or the attorney for the
government. Attorneys must be notified in writing that sensitive or
confidential materials have been delivered to the court under this
provision. This procedure constitutes compliance with Fed. R. Crim. P.
32(d)(3) and 32(i)(1)(B).
(c) Application for Disclosure of Presentence Investigation Reports or Supervision
Records for Purposes Other than Sentencing.
(1) The presentence investigation report, supporting documents, and
supervision records may be disclosed for purposes other than sentencing
of the defendant only upon written application accompanied by an
affidavit describing the records sought, explaining their relevance to the
proceedings, and stating the reasons the information contained in the
records is not readily available from other sources or by other means. If
the request does not comply with this rule, the determining official may
deny the request or request additional information.
(2) The written application must be provided to the determining official at
least 14 days before the production of records is required. Failure to meet
this deadline constitutes a sufficient basis for denial of the request.
(3) The determining official may waive the 14-day requirement upon a
showing of a good-faith attempt to comply with this rule.
(d) Testimony of a Probation Officer. A request for testimony of a probation officer
must satisfy subsection (c) of this rule.
(e) Either party may examine materials provided to the Probation Office upon request
to the Probation Office.
LCR 35-1. MOTIONS AND RESPONSES UNDER FED. R. CRIM. P. 35
When a defendant files a motion for modification of sentence under Fed. R. Crim. 35, the
defendant must serve the motion on the government; the government then has 21 days from the
date of service of the motion to file and serve a response. See also LSR 4-1.
LCR 44-1. APPOINTMENT OF COUNSEL
For procedures governing appointment of counsel, see the Plan for Administration of the
Criminal Justice Act of 1964, as amended, which has been adopted by the District of Nevada. A
copy of the plan may be obtained from the Clerk of Court.
LCR 44-2. DESIGNATION OF RETAINED COUNSEL
Except for the Federal Public Defender and attorneys appointed by the court, no attorney
will be considered by the court as an attorney of record for a defendant in a criminal case until a
written designation of retained counsel, signed by the defendant and the attorney, is filed. A
copy of the designation of retained counsel must be served on the government.
LCR 44-3. CONTINUITY OF REPRESENTATION ON APPEAL
An attorney in a criminal case, whether retained by the defendant or appointed by the
district court, must ascertain whether the defendant wishes to appeal and must file a notice of
appeal upon the defendant’s request, regardless of any waivers in the plea agreement. An
attorney must continue to represent the defendant on appeal until the attorney is relieved and
replaced by a substitute attorney or by the defendant acting pro se under Ninth Circuit Rule 4-1.
(a) When an attorney was retained for trial:
(1) If the defendant is not indigent for purposes of appeal, the attorney must
continue to represent the defendant until relieved by the district court
before the filing of the notice of appeal or by the Court of Appeals after
the filing of the notice of appeal.
(3) If the defendant is indigent for purposes of appeal, the attorney must
submit to the district court a financial affidavit (Form CJA 23) completed
by the defendant, along with an application for appointment of counsel. If
a notice of appeal is filed before the application for appointment of
counsel is filed, the application for appointment of counsel and the
financial affidavit must be filed with the Court of Appeals under Ninth
Circuit Rule 4-1.
(b) When an attorney was appointed for trial:
(1) If the attorney was appointed by the district court under 18 U.S.C.
§ 3006A and a notice of appeal has been filed, the attorney’s appointment
automatically continues on appeal.
(2) If the attorney is unable to, or should not, represent the defendant on
appeal, the attorney must at the sentencing hearing request to be relieved
as attorney and for the appointment of an attorney for the appeal. After
the notice of appeal has been filed, this relief must be sought from the
Court of Appeals.
LCR 45-1. STIPULATIONS—GENERALLY
All stipulations (except those made on the record) must be filed on the docket and will
not be effective until approved by the court.
LCR 45-2. CONTINUANCE OF TRIAL DATE—SPEEDY TRIAL ACT
(a) A request to continue a trial date, whether by motion or stipulation, will not be
considered unless it sets forth in detail the reasons a continuance is necessary and
the relevant statutory citations for excludable periods of delay, if any, under the
Speedy Trial Act, 18 U.S.C. § 3161(h). The request must be accompanied by a
proposed order that contains factual findings and relevant statutory citations, if
any.
(b) Any request to extend the motions deadline to a date within 75 days of the current
trial date must also include a request to continue the trial date or must provide an
explanation why the trial date need not be continued in the event the motion
deadline is extended.
LCR 46-1. APPEARANCE BONDS
Any person admitted to bail will be required to execute an appearance bond in a form
approved by the court.
LCR 46-2. QUALIFICATION OF SURETY
Except for personal-recognizance bonds and bonds secured by cash or negotiable bonds
or notes of the United States under LCR 46-3, every bond must have as surety:
(a) A corporation authorized by the United States Secretary of the Treasury to act as
surety on official bonds under 31 U.S.C. §§ 9304 through 9306;
(b) A corporation authorized to act as surety under the laws of the State of Nevada
and that has on file with the clerk a certified copy of its certificate of authority to
do business in the State of Nevada, together with a certified copy of the power of
attorney appointing the agent authorized to execute the bond;
(c) One or more individuals who own real or personal property sufficient to justify
the full amount of the suretyship; or
(c) Any other security the court may order.
LCR 46-3. DEPOSIT OF MONEY OR UNITED STATES OBLIGATION IN LIEU OF
SURETY
When ordered by the court, there may be deposited with the clerk in lieu of surety:
(a) Lawful money accompanied by an affidavit that identifies the money’s legal
owner; or
(b) Negotiable bonds or notes of the United States accompanied by an executed
agreement required by 31 U.S.C. § 9303(a)(3) that authorizes the clerk to collect
or sell the bonds or notes in the event of default.
LCR 46-4. APPROVAL BY THE COURT
An appearance bond requires a judicial officer’s approval. An approved appearance bond
must be immediately forwarded to the clerk for filing with any money deposited with the judicial
officer as security.
LCR 46.5. PERSONS NOT TO ACT AS SURETIES
Officers of this court, members of the bar of this court, nonresident attorneys specially
admitted to practice before this court, and their office associates or employees may not act as
surety in this court.
LCR 46-6. JUDGMENT AGAINST SURETIES
Regardless of what may be otherwise provided in any security instrument, every surety
who provides a bond or other undertaking for filing with this court thereby submits to the court’s
jurisdiction and irrevocably appoints the clerk as agent on whom any paper affecting liability on
the bond or undertaking may be served. Liability will be joint and several and may be enforced
summarily without independent action. Service may be made on the clerk, who must
immediately mail a copy to the surety at the last known address.
LCR 46-7. FURTHER SECURITY OR JUSTIFICATION OF PERSONAL SURETIES
At any time, and with reasonable notice to all other parties, any party for whose benefit a
bond is presented may apply to the court for further or different security or for an order requiring
personal sureties.
LCR 46-8. DEPOSIT AND INVESTMENT OF FUNDS IN THE REGISTRY
ACCOUNT; CERTIFICATE OF CASH DEPOSIT
(a) Cash tendered to the clerk for deposit into the court’s Registry Account must be
accompanied by a written statement titled “Certificate of Cash Deposit,” which
must be signed by the depositor. The certificate must contain the following
information:
(1) The amount of cash tendered for deposit;
(2) The party on whose behalf the tender is being made;
(3) The nature of the tender (e.g., cash bond in support of appearance bond
and order setting conditions of release);
(4) The court order permitting the deposit;
(5) The conditions of the deposit signed and acknowledged by the depositor;
(6) The name and address of the legal owner to whom a refund, if applicable,
should be made; and
(7) A signature block on which the clerk can acknowledge receipt of the cash
tendered. The signature block must not be on a separate page, but must
appear approximately one inch below the last typewritten line on the left-
hand side of the last page of the certificate and must read as follows:
RECEIPT
Cash as identified herein is hereby acknowledged as being received the
date.
Dated: ____________________________
CLERK, U.S. DISTRICT COURT
By:
_____________________________
Deputy Clerk
(b) The depositing party must attach a copy of the order permitting the deposit.
(c) The clerk may refuse cash tendered without the Certificate of Cash Deposit
required by this rule.
LCR 46-9. INVESTMENT OF FUNDS ON DEPOSIT
(a) Unless the court orders otherwise, funds on deposit in the court’s Registry
Account under 28 U.S.C. § 2041 will be invested in an interest-bearing account
established by the clerk.
(b) All motions or stipulations for an order directing the clerk to invest Registry
Account funds in an account other than the court’s standard interest-bearing
account must contain the following:
(1) The name of the bank or financial institution where the funds are to be
invested;
(2) The type of account or instrument and the terms of investment where a
timed instrument is involved; and
(3) Language that either:
(A) Directs the clerk to deduct from income earned on the investment a
fee, not exceeding that authorized by the Judicial Conference of
the United States and set by the Director of the Administrative
Office; or
(B) States affirmatively that the investment is being made for the
benefit of the United States and, therefore, no fee may be charged.
(c) An attorney or pro se party obtaining an order under these rules must cause a copy
of the order to be served personally on (1) the clerk or (2) the chief deputy and the
financial deputy. A supervisory deputy clerk may accept service on behalf of the
clerk, chief deputy, or financial deputy in their absence.
(d) The clerk must take all reasonable steps to deposit funds into interest-bearing
accounts or instruments within 14 days after service of the order for the
investment.
(e) An attorney or pro se party who obtains an order directing investment of funds by
the clerk must, within 14 days after service of the order on the clerk, verify the
funds were invested as ordered.
(f) An attorney or pro se party’s failure to personally serve (1) the clerk or (2) the
chief deputy and the financial deputy, or in their absence a supervisory deputy
clerk, with a copy of the order, or failure to verify investment of the funds, will
release the clerk from any liability for lost earned interest on the funds.
(g) An attorney or pro se party must notify the clerk regarding disposition of funds at
maturity of a timed instrument. In the absence of this notice, funds invested in a
timed instrument subject to renewal will be reinvested for a like period of time at
the prevailing interest rate. Funds invested in a timed instrument not subject to
renewal must be re-deposited by the clerk in the court’s Registry Account, which
is a non-interest-bearing account.
(h) Service of notice by an attorney or pro se party under LCR 46-8(g) must be made
as directed in LCR 46-8(c) at least 14 days before the timed instrument matures.
(i) No term or condition of an investment may be changed without court order, and
an attorney or pro se party must comply with LCR 46-8(b) and (c).
LCR 46-10. EXONERATION OF BONDS
(a) Upon exoneration of any bond involving the deposit of cash bail funds in the
court’s Registry Account, the clerk must refund the funds solely to the person
denominated legal owner at the time the funds were deposited with and received
by the clerk.
(b) No assignment of any deposited cash bail funds in the court’s Registry Account
will be effective for refund purposes by the clerk unless the person denominated
legal owner of the funds, as assignor, files with the clerk an executed, notarized
acknowledgement of the assignment of the funds.
(c) Upon court order, the clerk must apply any cash bail funds of which the defendant
is legal owner of record, whether invested or on deposit in the Registry Account,
to the payment and satisfaction of any court-imposed fine. This payment must
take place before either making refund of the remainder of the cash bail funds, if
any, to the defendant or, to any extent, honoring a defendant’s assignment of the
funds.
LCR 47-1. MOTIONS
All motions—unless made during a hearing or trial—must be in writing and served on all
other parties who have appeared. The motion must be supported by a memorandum of points
and authorities. The motion and supporting memorandum of points and authorities must be
combined into a single document that complies with the page limits in LCR 47-2.
LCR 47-2. PAGE LIMITS FOR BRIEFS AND POINTS AND AUTHORITIES;
REQUIREMENT FOR INDEX AND TABLE OF AUTHORITIES
Unless the court orders otherwise, pretrial and post-trial briefs, motions, and responses to
motions are limited to 30 pages, excluding exhibits. Replies in support of a motion are limited to
20 pages, excluding exhibits. If the court enters an order permitting a party to exceed these page
limits, the document must include an index and table of authorities.
LCR 47-3. FAILURE TO FILE POINTS AND AUTHORITIES
The failure of a moving party to include points and authorities in support of the motion
constitutes a consent to denying the motion. The failure of an opposing party to include points
and authorities in response to any motion constitutes a consent to granting the motion.
LCR 47-4. PROOF OF SERVICE
(a) All papers required or permitted to be served must, at the time they are presented
for filing, be accompanied by written proof of service. The proof must show the
day and manner of service and may be by written acknowledgment of service or
written certificate by the person who served the papers. The court will not take
action on any papers until proof of service is filed. For requirements for proof of
service of electronically filed documents, see LR IC 4-1.
(b) Failure to provide the proof of service required by this Rule does not affect the
validity of the service. Unless material prejudice would result, the court may at
any time allow the proof of service to be amended or supplied.
LCR 49-1. SERVICE OF DOCUMENTS BY ELECTRONIC MEANS
Documents may be served by electronic means to the extent and in the manner authorized
by Part IC of these rules. Transmission of the Notice of Electronic Filing (NEF) constitutes
service of the filed document on each party in the case who is registered as an electronic case
filing user with the clerk. All others must be served documents according to these rules, the
Federal Rules of Criminal Procedure, and the Federal Rules of Civil Procedure.
LCR 55-1. FILES AND EXHIBITS—CUSTODY AND WITHDRAWAL
(a) All files and records of the court must remain in the custody of the clerk, and
records or papers belonging to the court’s files may not be taken from the clerk’s
custody without the court’s written permission, and then only after a receipt has
been signed by the person obtaining the record or paper.
(b) The clerk must mark and have safekeeping responsibility for all exhibits marked
and identified at trial or hearing. Unless there is some special reason why the
originals should be retained, the court may order exhibits to be returned to the
party who offered them upon the filing of true copies of the exhibits in place of
the originals.
(c) Unless the court orders otherwise, the clerk must continue to have custody of the
exhibits until the judgment has become final and the deadlines for filing a notice
of appeal and motion for new trial have passed, or appeal proceedings have
terminated, but in no event sooner than 2 years after the mandate issues or the
appeal is otherwise terminated.
(d) If no appeal is taken, after final judgment has been entered and the deadlines for
filing a notice of appeal and a motion for a new trial have passed, or upon
