Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 1 of 94
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 2 of 94
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 3 of 94
LOCAL RULES
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF OKLAHOMA
Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 4 of 94
TABLE OF CONTENTS
TABLE OF CONTENTS
GENERAL RULES
LGnR1 – Scope of Rules 9
LGnR1-1 Purpose and Scope of Rules. 9
LGnR1-2 Rules of Procedure. 9
LGnR2 – Method and Format of Filing 10
LGnR2-1 Electronic Filings. 10
LGnR2-2 Non-Electronic Filings. 10
LGnR2-3 Email Filings. 10
LGnR2-4 Format of Papers and Physical Items Presented for Filing. 10
LGnR2-5 Hyperlinks. 11
LGnR2-6 Contact Information. 11
LGnR3 – Courthouse and Courtroom Conduct 12
LGnR3-1 Soliciting, Loitering, and Disruptive Behavior. 12
LGnR3-2 Professional Conduct for Attorneys. 12
LGnR3-3 Courtroom Behavior. 12
LGnR3-4 Attorney Communication with Jurors. 14
LGnR3-5 Enforcement. 14
LGnR4 – Attorney Admissions and Discipline 15
LGnR4-1 Committee on Admissions and Grievances. 15
LGnR4-2 Admissions. 15
LGnR4-3 Association of Local Counsel. 16
LGnR4-4 Appearance and Withdrawal of Counsel. 17
LGnR4-5 Resolving Scheduling Conflicts. 17
LGnR4-6 Standards of Practice. 18
LGnR4-7 Discipline by the Court. 19
LGnR5 – Courthouse Access and Security 21
LGnR5-1 Courthouse Access. 21
LGnR5-2 Possession and Use of Weapons and Destructive Devices. 21
LGnR5-3 Perimeter Security. 22
LGnR6 – Electronic Devices in the Courthouse 23
LGnR6-1 Restrictions on Possession and Use of Electronic Devices. 23
LGnR6-2 Exempt Individuals. 23
LGnR6-3 Exceptions. 24
Northern District of Oklahoma Page 2 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 5 of 94
LGnR6-4 Enforcement and Sanctions. 24
LGnR7 – Local Rules 25
LGnR7-1 Committee on Local Rules. 25
LGnR7-2 Amendments to Local Rules. 25
CIVIL RULES
LCvR3 – Commencing an Action 27
LCvR3-1 Civil Cover Sheet and Initiating Document. 27
LCvR3-2 In Forma Pauperis Motions. 27
LCvR3-3 Partial Filing Fees. 28
LCvR3-4 Copyright, Trademark and Patent Cases. 28
LCvR3-5 Statute of Limitations. 28
LCvR5 – Serving and Filing Pleadings and Other Papers 29
LCvR5-1 Social Security Actions Under 42 U.S.C. § 405(g). 29
LCvR5.2 – Privacy Protection for Filings Made with the Court 30
LCvR5.2-1 Redaction of Personal Data Identifiers. 30
LCvR5.2-2 Sealed Documents. 30
LCvR5.2-3 Documents Filed in Sealed Cases. 30
LCvR5.2-4 Ex Parte Filings. 31
LCvR7 – Pleadings Allowed; Form of Motions and Other Papers 32
LCvR7-1 Motion Practice. 32
LCvR7.1 – Disclosure Statement 34
LCvR7.1-1 Disclosure Statement. 34
LCvR16 – Pretrial Conferences; Scheduling; Management 35
LCvR16-1 Pretrial Procedures. 35
LCvR16-2 Settlement Conferences; Scheduling; Management; Process. 36
LCvR17 – Plaintiff and Defendant; Capacity; Public Officers 40
LCvR17-1 Eligibility to Appear Pro Se; Practice of Pro Se Parties. 40
LCvR21 – Misjoinder and Nonjoinder of Parties 41
LCvR21-1 Notice of Bankruptcy Filing. 41
LCvR26 – Duty to Disclose; General Provisions Governing Discovery 42
LCvR26-1 Compliance with Requirements Under Fed. R. Civ. P. 26. 42
LCvR26-2 Disclosure of Insurance Agreements. 42
LCvR26-3 Format and Service of Discovery Requests. 42
LCvR26-4 Discovery Material Not to be Filed. 42
LCvR26-5 Privilege Log. 42
Northern District of Oklahoma Page 3 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 6 of 94
LCvR26-6 Protective Orders. 43
LCvR30 – Depositions by Oral Examination 44
LCvR30-1 Depositions. 44
LCvR33 – Interrogatories to Parties 45
LCvR33-1 Interrogatories. 45
LCvR36 – Requests for Admission 46
LCvR36-1 Admissions. 46
LCvR37 – Failure to Make Disclosures or to Cooperate in Discovery; Sanctions 47
LCvR37-1 Informal Conference to Settle Discovery Disputes. 47
LCvR37-2 Discovery Enforcement. 47
LCvR38 – Right to a Jury Trial; Demand 48
LCvR38-1 Jury Demand. 48
LCvR40 – Scheduling Cases for Trial 49
LCvR40-1 Assignment and Distribution of Cases. 49
LCvR40-2 Assignment of Cases for Trial. 49
LCvR41 – Dismissal of Actions 50
LCvR41-1 Administrative Closure. 50
LCvR42 – Consolidation; Separate Trials 51
LCvR42-1 Consolidation. 51
LCvR43 – Taking Testimony 52
LCvR43-1 List of Witnesses and Exhibits in Civil Cases. 52
LCvR43-2 Use of Exhibits at Trial. 52
LCvR45 – Subpoena 53
LCvR45-1 Issuance of Subpoenas and Writs of Habeas Corpus Ad Testificandum. 53
LCvR47 – Selecting Jurors 54
LCvR47-1 Random Selection of Grand and Petit Jurors. 54
LCvR54 – Judgment; Costs 55
LCvR54-1 Costs. 55
LCvR54-2 Civil Attorney Fees. 55
LCvR55 – Default; Default Judgment 56
LCvR55-1 Procedure for Obtaining Default Judgment. 56
LCvR56 – Summary Judgment 57
LCvR56-1 Summary Judgment Procedure. 57
LCvR58 – Entering Judgment 58
LCvR58-1 Entry of Judgment. 58
Northern District of Oklahoma Page 4 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 7 of 94
LCvR62 – Stay of Proceedings to Enforce a Judgment 59
LCvR62-1 Supersedeas Bonds and Other Security. 59
LCvR65 – Injunctions and Restraining Orders 60
LCvR65-1 Restraining Orders and Preliminary Injunctions. 60
LCvR67 – Deposit into Court 61
LCvR67-1 Deposit and Withdrawal of Funds in Court. 61
LCvR67-2 Disbursement of Registry Funds. 61
LCvR72 – Magistrate Judges: Pretrial Order 62
LCvR72-1 Magistrate Judges-Automatic Referrals. 62
LCvR73 – Magistrate Judges: Trial by Consent; Appeal 63
LCvR73-1 Magistrate Judges - Consent Authority. 63
LCvR78 – Hearing Motions; Submission on Briefs 64
LCvR78-1 Oral Arguments. 64
LCvR81 – Applicability of the Rules in General; Removed Actions 65
LCvR81-1 Removed Actions - Demand for Jury Trial. 65
LCvR81-2 Removed Actions - Documents to be Filed. 65
LCvR81-3 Removed Actions - Bankruptcy. 65
LCvR84 – Bankruptcy Rules 66
LCvR84-1 Bankruptcy Cases. 66
CRIMINAL RULES
LCrR1 – Scope; Definitions 70
LCrR1-1 United States Magistrate Judges. 70
LCrR5 – Initial Appearance 71
LCrR5-1 Time and Place of Initial Appearance. 71
LCrR5-2 Initial Interview of Defendant by United States Probation Officers. 71
LCrR5-3 Preparation of the Financial Affidavit. 71
LCrR5-4 Appearance on a Summons. 71
LCrR5-5 Unsealing Case. 71
LCrR6 – The Grand Jury 72
LCrR6-1 Release of Grand Jury Material to United States Probation Office. 72
LCrR7 – The Indictment and the Information 73
LCrR7-1 Complaints, Informations, and Indictments. 73
LCrR7-2 Related Case Notices. 73
LCrR10 – Arraignment 74
LCrR10-1 Waiver of Appearance. 74
Northern District of Oklahoma Page 5 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 8 of 94
LCrR11 – Pleas 75
LCrR11-1 Plea Agreements. 75
LCrR11-2 Notification of a Change of Plea. 75
LCrR11-3 Petition to Enter a Plea of Guilty. 75
LCrR11-4 Deferring Acceptance or Rejection of Plea Agreements. 75
LCrR11-5 Plea Supplements. 75
LCrR12.2 – Notice of an Insanity Defense; Mental Examination 76
LCrR12.2-1 Competency. 76
LCrR12.2-2 Insanity or Other Mental Condition. 76
LCrR16 – Discovery and Inspection 77
LCrR16-1 Disclosure of Evidence. 77
LCrR16-2 Expert-Witness Disclosures. 77
LCrR17 – Subpoena 78
LCrR17-1 Subpoena to Testify at a Hearing or Trial in a Criminal Case (Form AO-89). 78
LCrR17-2 Subpoena to Produce Documents, Information, or Objects in a Criminal Case (Form
AO-89B). 78
LCrR17.1 – Pretrial Conference 80
LCrR17.1-1 Stipulations and Exhibits. 80
LCrR23 – Jury or Nonjury Trial 81
LCrR23-1 Trial Rules. 81
LCrR23-2 Use of Exhibits at Trial. 81
LCrR23-3 Witness List. 81
LCrR23-4 Transcription of Video and Audio Recordings. 81
LCrR32 – Sentencing and Judgment 82
LCrR32-1 Scheduling of Sentencing. 82
LCrR32-2 Notice and Opportunity for Defendant’s Attorney to Attend Presentence Interview. 82
LCrR32-3 Disclosure of Presentence Report to Counsel. 82
LCrR32-4 Objection to Presentence Report. 82
LCrR32-5 Sentencing-Related Filings. 82
LCrR32-6 Party’s Duty to Disclose Sentencing-Related Materials. 83
LCrR32-7 Disclosure of Sentencing Recommendation. 83
LCrR32-8 Requesting Presentence Report Before Guilty Plea. 83
LCrR32-9 Correspondence. 83
LCrR32-10 Confidentiality and Disclosure of Presentence Reports. 83
Northern District of Oklahoma Page 6 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 9 of 94
LCrR32.1 – Revoking or Modifying Probation or Supervised Release 84
LCrR32.1-1 Revocations. 84
LCrR41 – Search and Seizure 85
LCrR41-1 Sealing of Warrants and Related Documents. 85
LCrR47 – Motions and Supporting Affidavits 86
LCrR47-1 Motions in Writing. 86
LCrR47-2 Timing of Motions. 86
LCrR47-3 Proposed Order. 86
LCrR47-4 Statement of Objection. 86
LCrR47-5 Length of Motion and Brief. 86
LCrR47-6 Motions for Extensions of Time and Continuances. 86
LCrR47-7 Motions to Reconsider or Overrule Actions Taken by District Judges or Magistrate
Judges in Connection with Ex Parte Applications. 86
LCrR47-8 Motions for Evidentiary Hearing. 87
LCrR47-9 Motions Regarding Modification of Conditions or Early Termination of Supervision. 87
LCrR47-10 Joinder of Co-Defendant’s Motion. 87
LCrR55 – Records 88
LCrR55-1 Probation Office Official Record. 88
LCrR57 – District Court Rules 89
LCrR57-1 Release of Information by Courthouse Personnel. 89
LCrR57-2 Release of Information by Attorneys. 89
LCrR57-3 Release of Information by and Testimony of Probation Officer. 90
LCrR57-4 Plan for Implementing the Criminal Justice Act (18 U.S.C. § 3006A). 91
LCrR58 – Petty Offenses and Other Misdemeanors 92
LCrR58-1 Forfeiture of Collateral. 92
Northern District of Oklahoma Page 7 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 10 of 94
GENERAL RULES
Northern District of Oklahoma Page 8 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 11 of 94
LGnR1 – Scope of Rules
LGnR1-1 Purpose and Scope of Rules.
These local rules are promulgated to supplement the Federal Rules of Civil and Criminal Procedure with
local court procedure, not to be inconsistent with the federal rules. General Orders, available on the
Court’s website, are issued by the Court to establish procedures on administrative matters and less
routine matters which, in most cases, do not affect the majority of practitioners before this Court.
LGnR1-2 Rules of Procedure.
(a) The rules of procedure in any proceeding in this Court shall be as prescribed by the laws of the
United States, the rules of the Supreme Court of the United States, the Federal Rules of Civil
Procedure, the Federal Rules of Criminal Procedure, any applicable rules of the United States Court
of Appeals for the Tenth Circuit, and these local rules.
(b) If there is no applicable rule of procedure, a judge may adopt rules of procedure governing any
proceeding before that judge. Information regarding each judge’s Individual Judicial Practices is
available on the Court’s website.
(c) A judge has discretion in any civil or criminal case to waive, supplement, or modify any requirement
of these local rules when the administration of justice requires.
(d) These local rules do not apply in any case or proceeding which is pending in the Bankruptcy Court
for the Northern District of Oklahoma.
(e) These local general, civil, and criminal rules shall be known, respectively, as:
(1) the Local General Rules of the United States District Court for the Northern District of
Oklahoma (cited as “LGnR-”);
(2) the Local Civil Rules of the United States District Court for the Northern District of Oklahoma
(cited as “LCvR-”); and
(3) the Local Criminal Rules of the United States District Court for the Northern District of
Oklahoma (cited as “LCrR-”).
Northern District of Oklahoma Page 9 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 12 of 94
LGnR2 – Method and Format of Filing
LGnR2-1 Electronic Filings.
Filing by electronic means is mandatory for attorneys. Pro se parties must not file electronically unless
authorized by the Court. If the Court permits, a pro se party may register as a CM/ECF user solely for the
purpose of a particular action. During the course of the action if the party retains an attorney who
appears on the party’s behalf, the attorney must advise the Clerk’s office to terminate the party’s
registration as a CM/ECF user.
LGnR2-2 Non-Electronic Filings.
The following items may not be filed electronically and must be filed in paper or physical form:
(a) documents filed in sealed cases;
(b) other filings approved by the assigned judge to be filed non-electronically;
(c) original state court records and transcripts in capital (death penalty) habeas matters; and
(d) items that cannot be converted to Portable Document Format (PDF) (e.g., video tapes, CDs, DVDs,
blueprints, thumb drives, etc.).
Items to be filed under this rule must be filed in compliance with the Procedures for Providing Non-
Electronically Filed Documents to the Court, available on the Court’s website.
LGnR2-3 Email Filings.
Pro se parties not authorized to file electronically may file papers in compliance with the Procedure for
Pro Se Email Filing, available on the Court’s website. Papers filed in this manner must comply with this
procedure, these local rules, and the Federal Rules of Civil Procedure regarding the form, format,
service, and signature of pleadings and papers.
LGnR2-4 Format of Papers and Physical Items Presented for Filing.
(a) All Filings. All papers, whether filed electronically or presented to the Clerk’s office in paper form
for non-electronic filing, must be double-spaced, if typewritten, using only one side of the paper
and a paper size of 8 ½ inches wide by 11 inches long. The print style, including footnotes, must not
be smaller than 12-point font, and margins must be a minimum of one inch on the top, bottom,
and sides. The use of “Exactly 24 pt” spacing is not permitted. All papers must be clearly legible.
(b) Paper Filings. Unless the Court orders otherwise, all papers presented to the Clerk’s office in paper
form for non-electronic filing shall consist of an original only.
(c) Physical Items. All physical items that cannot be converted to PDF (e.g., video tapes, CDs, DVDs,
thumb drives, blueprints, etc.) presented to the Clerk’s office for non-electronic filing shall be
submitted with a cover page clearly stating the case style, case number, and title of the item (e.g.,
“Exhibit C to Defendant’s Motion for Summary Judgment”). A courtesy copy of the physical item
Northern District of Oklahoma Page 10 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 13 of 94
and a copy of the cover page shall be provided to the chambers of the judge who will be hearing
the matter.
LGnR2-5 Hyperlinks.
Hyperlinks are only permissible for providing links to legal references and citations. Hyperlinks must not
be included to advertise a product or for any other reason not related to the legal issues raised in the
document. The Court shall enter an order to strike and remove any document that contains an
inappropriate hyperlink and direct the party to refile the document without the hyperlink.
LGnR2-6 Contact Information.
All papers shall contain the name, mailing address, telephone number (if any), and email address (if any)
of the attorney or pro se party filing such papers. All attorneys and pro se parties have a continuing duty
to file a written notice of changes in contact information. Attorneys and parties authorized to file
electronically shall maintain and update their contact information in CM/ECF through their PACER
accounts. Pro se parties not authorized to file electronically shall update their contact information as
required by LCvR17-1(h). Papers sent by the Court will be deemed delivered if sent to the last known
physical or email address provided to the Court.
Northern District of Oklahoma Page 11 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 14 of 94
LGnR3 – Courthouse and Courtroom Conduct
LGnR3-1 Soliciting, Loitering, and Disruptive Behavior.
The solicitation of business relating to bail bonds or to employment as counsel is prohibited. Loitering in
or about federal court facilities is prohibited. Any behavior which impedes or disrupts the orderly
conduct of the business of the court is prohibited. Signs, placards, or banners may not be brought into a
court facility.
LGnR3-2 Professional Conduct for Attorneys.
Attorneys practicing in this Court are expected to conduct themselves in accordance with the Oklahoma
Rules of Professional Conduct, as adopted by the Oklahoma Supreme Court, as the standard of conduct
of all members of the Oklahoma Bar Association. See, Title 5 O.S.A. Ch.1, App. 3A. as set forth in the
preamble:
A lawyer’s conduct should conform to the requirements of the law, both in professional
service to clients and in the lawyer’s business and personal affairs. A lawyer should use
the law’s procedures only for legitimate purposes and not to harass or intimidate
others. A lawyer should demonstrate respect for the legal system and for those who
serve it, including judges, other lawyers and public officials. While it is a lawyer’s duty,
when necessary, to challenge the rectitude of official action, it is also a lawyer’s duty to
uphold legal process.
In this spirit, all lawyers should become familiar with their duties and obligations, as defined and
classified generally in the Oklahoma Rules of Professional Conduct, any interpretive decisions, applicable
statutes, and the usages, customs, and practices of the bar.
LGnR3-3 Courtroom Behavior.
(a) For Attorneys. The purpose of this rule is to emphasize, not supplant, certain portions of those
ethical principles applicable to the lawyer’s conduct in the courtroom; therefore, in addition to all
other requirements, lawyers appearing in this Court shall adhere to the following:
(1) Be punctual in attendance at court.
(2) Refrain from addressing anyone in court by first name; instead, last names should be used.
(3) Refrain from leaving the courtroom while court is in session, unless it is absolutely necessary,
and then only if the Court’s permission has been obtained first.
(4) At all times, counsel for plaintiff must occupy the table nearest the jury box and counsel for
defendant must occupy the table farthest from the jury box.
(5) Ascertain that only one lawyer is standing at a time, unless an objection is being made.
(6) Bench conferences will be kept to a minimum. Counsel should anticipate issues which will
arise during the trial and inform the Court and opposing counsel at the earliest opportunity.
Northern District of Oklahoma Page 12 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 15 of 94
Permission must be obtained from the Court to approach the bench, a witness, an exhibit, or
the clerk.
(7) Refrain from employing dilatory tactics.
(8) Hand all papers intended for the Court to see to the courtroom deputy who, in turn, will pass
them up to the judge.
(9) Hand to the courtroom deputy any exhibits offered into evidence.
(10) Advise clients, witnesses, and others concerning rules of decorum to be observed in court.
(11) Use the lectern when interrogating witnesses or addressing the jury, unless otherwise
permitted by the Court. Appropriate exceptions to this rule shall be made for disability or
infirmity.
(12) Never conduct or engage in experiments or demonstrations unless prior permission is granted
by the Court.
(13) Refrain from conducting a trial when they know, prior thereto, that they will be necessary
witnesses, other than as to merely formal matters such as identification or custody of a
document or the like. If, during the trial, it is discovered that the ends of justice require the
lawyers’ testimony, they should from that point on, if feasible and not prejudicial to their
client’s case, leave further conduct of the trial to other counsel. If circumstances do not
permit withdrawal from the conduct of the trial, lawyers should not argue the credibility of
their own testimony.
(14) Avoid disparaging personal remarks or acrimony toward opposing counsel and remain wholly
uninfluenced by all ill feeling between the respective clients. Attorneys should abstain from
any allusion to personal peculiarities and idiosyncrasies of opposing counsel.
(15) Rise when addressing or being addressed by the Court. Appropriate exception will be made
for disability or medical infirmity.
(16) Refrain from assuming an undignified posture. Counsel should always be attired in a proper
and dignified manner and should abstain from any apparel or ornament calculated to attract
attention to themselves.
(17) At all times exemplify conduct consistent with their obligation as an officer of the Court.
(18) In making representations to the Court, know or honestly believe them to be supported by
fact.
Any judicial officer may have additional rules of behavior. Individual Judge’s Rules are available on
the Court’s website.
(b) All Persons in the Courtroom.
(1) No tobacco, e-cigarettes, or “vaping” in any form will be permitted at any time.
(2) No propping of feet on tables or chairs will be permitted at any time.
Northern District of Oklahoma Page 13 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 16 of 94
(3) No water bottles or other beverage containers, bottles or cups, or edibles shall be brought
into the courtroom, except with permission of the marshal or courtroom deputy clerk.
(4) No gum chewing or reading of newspapers or magazines (except as a part of the evidence in a
case) will be permitted while court is in session.
(5) No talking or other unnecessary noises will be permitted while court is in session.
(6) Everyone must rise when instructed to do so upon opening, closing, or declaring recesses of
court. Appropriate exceptions shall be made for disability or medical infirmity.
(7) Anyone who appears in court intoxicated or under the influence of intoxicants, drugs, or
narcotics may be summarily held in contempt.
LGnR3-4 Attorney Communication with Jurors.
At no time, including after a case has been completed, may attorneys approach or speak to jurors
regarding the case unless authorized by the Court, upon written motion.
LGnR3-5 Enforcement.
The United States Marshals Service and court security officers are authorized to enforce these rules. An
attorney violating these rules may be subject to discipline, including disbarment, in accordance with
LGnR4.
Northern District of Oklahoma Page 14 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 17 of 94
LGnR4 – Attorney Admissions and Discipline
LGnR4-1 Committee on Admissions and Grievances.
A Committee on Admissions and Grievances shall be appointed by the Court. Membership of the
committee shall be determined by order of the Court. The Committee shall (1) investigate applications
for admission to the bar of this Court referred to the Committee by the Clerk of Court, and (2)
investigate complaints of professional misconduct submitted to the Committee by a judge of this Court.
LGnR4-2 Admissions.
(a) Roll of Attorneys. The bar of this Court shall consist of those attorneys admitted to practice before
this Court who have taken the prescribed oath and submitted the required fee, if applicable.
(b) Eligibility. Any member of the bar of the Supreme Court of the United States, any United States
Court of Appeals, or any District Court of the United States, or a member in good standing of the
bar of the highest court of any state of the United States, is eligible for admission to the bar of this
Court.
(c) Procedure for Admission. Every applicant for admission must complete an electronic application
for admission through PACER, and submit the required fee, if applicable. Procedures for Submitting
the Electronic Application are available on the Court’s website. The completed application for
admission must include the following:
(1) an executed and notarized Oath of Applicant (Form AT-01), available on the Court’s website,
and
(2) either (a) a Certificate of Good Standing from any eligible court per LGnR4-2(b), or (b) a
Recommendation for Admission (Form AT-02), available on the Court’s website, completed by
two attorneys admitted and in good standing with the bar of this Court.
(d) Consent to Release of Information; Certification of Familiarity with Local Rules. An attorney who
applies for admission to the bar of this Court:
(1) consents to the release of information in their records by disciplinary and admitting
authorities for confidential consideration by this Court and/or the Committee on Admissions
and Grievances; and
(2) certifies familiarity with the Federal Rules of Civil Procedure or Federal Rules of Criminal
Procedure (as applicable to the attorney’s area of practice), the Federal Rules of Evidence, and
the Rules of the Northern District of Oklahoma.
(e) Referral to Committee. If the Clerk of Court determines that questions exist regarding the
applicant’s qualifications or fitness to be admitted to the bar of this Court, the Clerk of Court shall
refer the application to the Committee on Admissions and Grievances for investigation. The
Committee shall report its recommendations in writing to the Clerk of Court. Upon a favorable
report of the Committee, the applicant may be admitted by any judge of this Court or the Clerk of
Court.
Northern District of Oklahoma Page 15 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 18 of 94
(f) Attorneys for the United States. Attorneys who are employed or retained by the United States or
its agencies may practice in this Court in all cases or proceedings in which they represent the
United States or its agencies.
(g) Attorneys Associated with a Federal Public Defender’s Office. On occasion, the Federal Public
Defender for the Northern District of Oklahoma will assign representation of criminal defendants to
attorneys from out- of- district Federal Public Defender’s offices or to out- of- district CJA panel
attorneys.
(1) When an attorney with an out-of-district Federal Public Defender’s office or an out-of-district
CJA panel attorney is assigned to a case, the Clerk of Court shall deem the attorney admitted
to practice in the Northern District of Oklahoma solely for the purpose of that case and shall
waive the requirement that he or she complete an application for admission or file a motion
for admission pro hac vice.
(2) Within twenty- four hours of being assigned to a case in this manner, an out- of- district
attorney shall file an entry of appearance in the case, using Form AT-04, Attorney Appearance,
available on the Court’s website.
(3) If the out-of-district attorney has not previously registered to e-file in the Northern District of
Oklahoma, the attorney shall, upon assignment to his or her first case in this District,
immediately register to e-file in this District, following the Procedure for Requesting E-File
Registration Only, available on the Court’s website. Once the Clerk of Court has authorized the
attorney to e-file, the attorney must immediately file an entry of appearance in the case, using
Form AT-04, Attorney Appearance, available on the Court’s website.
(h) Admission Pro Hac Vice. Any attorney who is eligible for admission to the bar of this Court may, at
the discretion of a judge of this Court, be granted temporary admission to practice in a pending
case. Attorneys requesting such admission are required to file a motion and attach a completed
Request for Admission Pro Hac Vice (Form AT-03), available on the Court’s website, and pay any
required fee.
LGnR4-3 Association of Local Counsel.
(a) Responsibilities of Non-Resident Counsel. When representing a party in this Court, any attorney
who is not a resident of and does not maintain an office in Oklahoma must show association with
an attorney who is personally appearing in the action, is a resident of and maintains a law office
within the State of Oklahoma, and who has been duly and regularly admitted to practice in this
Court.
(b) Responsibilities of Local Counsel. It is the responsibility of local counsel appearing in any case to
file the motion of the non-resident attorney to be admitted pro hac vice and to certify in the
motion that the non-resident attorney is a member in good standing of the bar of the highest court
of the state where the non-resident attorney resides or is licensed. The local attorney must sign the
first pleading filed and shall continue in the case unless other local counsel is substituted. Any
notice, pleading, or other paper may be served upon the local counsel with the same effect as if
personally served on the non-resident attorney.
Northern District of Oklahoma Page 16 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 19 of 94
(c) Exemptions. Non- resident attorneys representing the United States or its agencies and non-
resident attorneys assigned by the Federal Public Defender or appointed from a CJA panel to
represent defendants in a criminal case are exempt from LGnR4-3 (a). Any other non-resident
attorney seeking an exemption bears the burden to establish good cause for the exemption and
must certify familiarity with the Federal Rules of Civil Procedure or Federal Rules of Criminal
Procedure (as applicable to the attorney’s area of practice), the Federal Rules of Evidence, and the
Rules of the Northern District of Oklahoma.
LGnR4-4 Appearance and Withdrawal of Counsel.
(a) Entry of Appearance. An attorney appearing for a party must enter an appearance by signing and
filing an entry of appearance in the case, using Form AT-04, Attorney Appearance, available on the
Court’s website.
(b) Withdrawal. Attorneys of record must not withdraw from the case except upon reasonable notice
to the client and all other parties who have appeared in the case and by leave of the judge to
whom the case is assigned.
LGnR4-5 Resolving Scheduling Conflicts.
(a) Definition. An attorney shall not be deemed to have a scheduling conflict unless:
(1) the attorney is lead counsel in two or more of the actions affected, and
(2) the attorney: (a) certifies that the matters cannot be adequately handled, and the clients
interest adequately protected, by other counsel for the party in the action or by other
attorneys in lead counsel’s firm; (b) certifies compliance with the rule and has nevertheless
been unable to resolve the conflicts; and (c) certifies a proposed resolution by list of such
cases in the order of priority specified by this rule.
(b) Whenever an attorney is scheduled to appear in two or more courts (trial, appellate, state, or
federal), the attorney must give prompt written notice, as specified in (a) above, of the conflict to
opposing counsel, to the clerk of each court, and to the judge before whom each action is set for
hearing. The written notice shall contain the attorney’s proposed resolution of the appearance
conflicts in accordance with the priorities established by this rule, and shall set forth the order of
cases to be tried, with a listing of the date and data required as to each case arranged in the order
in which the cases should prevail under this rule. Attorneys confronted by such conflicts are
expected to give written notice as soon as the conflict arises but, in any event, at least seven days
before the date of the conflicting settings. In resolving scheduling conflicts, the following priorities
shall ordinarily prevail:
(1) Criminal (felony) actions shall prevail over civil actions set for trial or appellate proceedings.
(2) Jury trials shall prevail over non-jury matters, including trials and administrative proceedings.
(3) Trials shall prevail over appellate arguments, hearings, and conferences.
(4) Appellate proceedings shall prevail over all trial hearings, other than actual trials.
(5) Within each of the above categories only, the action which was first set shall take precedence.
Northern District of Oklahoma Page 17 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 20 of 94
(c) In addition to the above priorities, consideration should be given to the comparative age of the
cases, their complexity, the estimated trial time, the number of attorneys and parties involved,
whether the trial involves a jury, and the difficulty or ease of rescheduling.
(d) The judges of the courts involved in a scheduling conflict shall promptly confer, resolve the conflict,
and notify counsel of the resolution. The judge presiding over the earliest- filed case will be
responsible for initiating this communication.
(e) Conflict resolution shall not require the continuance of the other matter or matters not having
priority. In the event the matter determined to have priority is disposed of before the scheduled
time set, the attorney shall immediately notify all affected parties, including the court affected by
the disposal, and shall, absent good cause shown to the Court, proceed with the remaining case or
cases which did not have priority, if the setting was not vacated.
(f) Nothing in these guidelines is intended to prevent courts from voluntarily yielding a favorable
scheduling position, and judges of all courts are urged to communicate with each other in an effort
to lessen the impact of conflicts and continuances on all courts.
LGnR4-6 Standards of Practice.
The following are principles intended to guide attorneys in practicing in the Northern District of
Oklahoma:
(a) In fulfilling his or her primary duty to the client, a lawyer must be ever conscious of the broader
duty to the judicial system that serves both attorney and client.
(b) A lawyer owes, to the judiciary, candor, diligence, and utmost respect.
(c) A lawyer owes, to opposing counsel, a duty of courtesy and cooperation, the observance of which
is necessary for the efficient administration of our system of justice and the respect of the public it
serves.
(d) A lawyer owes, to the administration of justice, the fundamental duties of personal dignity and
professional integrity.
(e) Lawyers shall treat each other, the opposing party, the Court, and members of the Court staff with
courtesy and civility and conduct themselves in a professional manner at all times.
(f) A client has no right to demand that counsel abuse the opposite party or indulge in offensive
conduct. A lawyer shall always treat adverse witnesses and litigants with fairness and due
consideration.
(g) In adversary proceedings, clients are litigants and though ill feeling may exist between clients, such
ill feeling shall not influence a lawyer’s conduct, attitude, or demeanor towards opposing lawyers.
(h) A lawyer shall not use any form of discovery, or the scheduling of discovery, as a means of
harassing opposing counsel or counsel’s client.
Northern District of Oklahoma Page 18 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 21 of 94
(i) Lawyers shall be punctual in communications with others and in honoring scheduled appearances
and shall recognize that neglect and tardiness are demeaning to the lawyer and to the judicial
system.
(j) If a fellow member of the bar makes a just request for cooperation, or seeks scheduling
accommodation, a lawyer shall not arbitrarily or unreasonably withhold consent.
(k) Effective advocacy does not require antagonistic or obnoxious behavior and members of the bar
shall adhere to the higher standard of conduct which judges, lawyers, clients, and the public may
rightfully expect.
LGnR4-7 Discipline by the Court.
(a) Discipline by Other Courts; Criminal Convictions. Whenever any member admitted to practice in
this Court, including a person admitted pro hac vice, has been suspended, disbarred, or resigned,
pending disciplinary proceedings, from the practice of law by the Supreme Court of Oklahoma or by
any other court of competent jurisdiction, or has been convicted of a felony or any crime involving
moral turpitude in any court, such disbarment, suspension, or conviction shall operate as an
automatic suspension of the attorney’s right to practice in this Court, and an order of suspension
shall be issued by the Court. Any attorney subject to this rule must notify the Court immediately
upon any such conviction, suspension, disbarment, or resignation. The notification must be in
writing to the Clerk of Court. The automatic suspension from this Court shall remain in effect unless
the attorney has, by motion to the Court within twenty- eight days of the order of suspension,
shown good cause as to why the suspension should not remain in effect. The Chief Judge or his or
her designee shall rule on such motion. If the attorney was disbarred, suspended, resigned, or was
convicted as stated above, an order of disbarment will issue if no motion for good cause has been
filed within the required time period.
(b) Requirement to Self- Report. Failure to self- report is a separate cause for disciplinary action;
however, a failure to self- report an administrative suspension for failure to pay an annual
registration fee or to comply with mandatory continuing legal education requirements shall not
constitute separate cause for further disciplinary action by this Court.
(c) Professional Misconduct. Complaints of professional misconduct by an attorney are subject to Fed.
R. Civ. P. 11. Complaints of professional misconduct may be submitted by a judge of the Court, at
his or her discretion, to the Committee on Admissions and Grievances. Upon receipt of a complaint
regarding the professional conduct of an attorney, the Committee on Admissions and Grievances
shall, after providing the attorney notice and opportunity to be heard, report and recommend to
the Court whether:
(1) the inquiry should be terminated because the question raised is unsupported or insubstantial;
(2) the alleged professional misconduct justifies further inquiry, and, for members of the
Oklahoma Bar Association, the matter should be referred to the Office of the General Counsel
of the Oklahoma Bar Association for investigation and prosecution by that Office, if
warranted;
Northern District of Oklahoma Page 19 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 22 of 94
(3) the alleged professional misconduct warrants consideration of prompt disciplinary action by
this Court regarding the attorney’s right to practice before the Court; or,
(4) the alleged professional misconduct of an attorney not a member of the Oklahoma Bar
Association justifies further inquiry by the Court.
Any attorney whose conduct in this Court is under investigation by the Committee on Admissions
and Grievances shall not be admitted until the pending investigation is concluded. Any action taken
by the Court pursuant to a report and recommendation by the Committee on Admissions and
Grievances shall be by a majority vote of the active judges.
Nothing contained in this Local Rule shall limit the right of an individual judge to manage the cases
assigned to that judge, which right shall include, without limitation, the authority to impose any
sanctions, penalties, or other restrictions which may be appropriate in a particular case, or the
authority to refer a matter for consideration to the Committee on Admissions and Grievances on
an advisory basis.
(d) Right to a Hearing. Except as otherwise provided under subsection (a), this Court shall not impose
any disciplinary action affecting an attorney’s right to practice before the Court until after a hearing
on the matter has been held before a judge or panel of judges. The attorney may waive the right to
a hearing. At the hearing, the attorney whose conduct is the subject of the complaint shall be
afforded an opportunity to appear in person and/or by counsel, to present oral and documentary
evidence, to compel the attendance of witnesses or the production of documents, to cross-
examine witnesses, and to present argument orally or in writing. If not called by the attorney
whose conduct is being investigated, it is within the discretion of the judge or panel to call the
complaining party to appear at the hearing.
(e) Sanctions. Discipline by this Court may include disbarment, suspension from practice for a definite
time, reprimand, or other discipline which the Court deems proper. Referral of a complaint to the
Office of the General Counsel of the Oklahoma Bar Association for investigation shall not constitute
such discipline as to entitle the attorney to a hearing in this Court on the propriety of the referral.
(f) Contempt of Court. Disciplinary proceedings under this rule shall not affect or be affected by any
proceeding for contempt under Title 18 of the United States Code or under Fed. R. Crim. P. 42.
(g) Unauthorized Practice. Any person who before admission to the bar of this Court, or who during
disbarment or suspension exercises any of the privileges bestowed upon members of this bar, or
who pretends to be entitled to such privileges, or who otherwise engages in the unauthorized
practice of law before the Court, shall be guilty of contempt of this Court and shall be subject to
punishment therefor and any other discipline which the Court may impose.
(h) Reinstatement. Persons disbarred indefinitely from practice before this Court may not petition for
reinstatement until three years following disbarment or until two years following an adverse
decision upon a previous petition for reinstatement; provided, however, that a person disbarred
under subsection (a) may apply for reinstatement at any time upon being reinstated by the
disciplining body. Persons suspended indefinitely must satisfy all conditions to reinstatement
imposed by the Court at the time of suspension.
Northern District of Oklahoma Page 20 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 23 of 94
LGnR5 – Courthouse Access and Security
LGnR5-1 Courthouse Access.
(a) In General. As used in this rule, “court facility” includes any facility occupied by the United States
District Court.
(b) Identification. All persons entering a court facility in the Northern District of Oklahoma are
required to present a valid government-issued identification card with photo. A List of Acceptable
Identifications is available on the Court’s website. Any visitor under the age of 18 without an adult
escort, who offers a school-issued identification card, shall be allowed access to the court facility.
Any person who refuses to present a valid form of identification shall be denied entrance.
(c) Screening. All visitors to a court facility must pass through a security screening device and have all
belongings and packages subject to physical and/or security screening examination by the United
States Marshals Service, court security officers, and employees of the Federal Protective Service.
Any person who refuses to pass through screening shall be denied entrance. Whenever any person
who activates the detector wishes to gain access to court facilities, such person must submit to a
reasonable, limited search of his or her person and property in order to determine the existence of,
if any, illegal, explosive, or dangerous items that might cause injury to persons or property.
LGnR5-2 Possession and Use of Weapons and Destructive Devices.
(a) Weapons in the Court Facilities. No persons, other than the following, shall wear or bring any
firearm or other weapon into the court facilities, unless specifically authorized by the Court:
(1) United States Marshal and deputy marshals,
(2) court security officers, and
(3) Federal Protective Service officers.
(b) Exceptions. With prior notification and approval of the United States Marshal, officers and agencies
assisting in the transportation of federal prisoners, officers and agencies assisting the United States
Attorney’s office, and United States Postal Inspectors may retain their firearms. However, such
approval will not be given under any circumstance that would allow firearms on the third or fourth
floor of the Page Belcher Federal Building or in the Boulder Federal Building. The United States
Marshal is directed to bring this rule to the attention of the officers and agencies whose officers
may have occasion to carry firearms and who may come to any court facility of the Northern
District of Oklahoma.
(c) Evidence Firearms. All firearms to be introduced as evidence must be checked by the United States
Marshal before court and rendered safe. Those firearms requiring chain-of-evidence control may,
at the time custody is established and while court is in session, be made safe by the United States
Marshal or a court security officer.
(d) Probation Officers. To ensure their safety, the probation officers of this Court may require the
carrying of firearms in the execution of their official duties. The Chief Probation Officer, pursuant to
Northern District of Oklahoma Page 21 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 24 of 94
18 U.S.C. § 3603(9), may authorize each regularly appointed probation officer of this Court to carry
a firearm for self-defense purposes in the performance of his or her duties.
The Chief Probation Officer, pursuant to the Guide to Judiciary Policy, Vol 8, Ch 5, may authorize
each regularly appointed probation officer to carry Oleoresin Capsicum for self-defense purposes in
the performance of his or her duties.
LGnR5-3 Perimeter Security.
(a) Page Belcher Building. Regarding the Page Belcher Building located at 333 W. 4th Street, Tulsa,
Oklahoma, the Court directs the United States Marshal to enforce all laws relating to the perimeter
and to establish such rules and restrictions as deemed necessary to protect the federal judiciary.
The Marshal may defer to postal authorities and their regulations in those areas specifically
designated for postal employees and postal customers; however, the United States Marshal may,
when deemed necessary for the safety of the federal judiciary, implement and enforce perimeter
security measures in all areas around the building.
(b) Boulder Building. Regarding the Tulsa Federal Building located at 224 S. Boulder Avenue, Tulsa,
Oklahoma, the Court directs the United States Marshal, in conjunction with the Federal Protective
Service, to enforce all laws relating to the perimeter and to establish such rules and restrictions as
deemed necessary to protect the federal judiciary, including enforcement of restricted parking
around the building. The Court requested in writing that the City of Tulsa grant jurisdiction and
authority for the United States Marshal Service to enforce all laws relating to such perimeter and
establish rules and restrictions as deemed necessary, including the determination and enforcement
of restricted parking around such building perimeter. The City of Tulsa has, pursuant to such
request, granted the requested authority. Parking spaces around the perimeter of the Tulsa Federal
Building will be assigned to judicial employees by the Clerk of Court for the Northern District of
Oklahoma.
Northern District of Oklahoma Page 22 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 25 of 94
LGnR6 – Electronic Devices in the Courthouse
LGnR6-1 Restrictions on Possession and Use of Electronic Devices.
(a) Policy. Except for those individuals exempted by LGnR6-2, no visitors to the court facilities are
permitted to bring any electronic device into the court facilities. Non-exempt individuals visiting a
court facility who arrive with an electronic device will be required to lock their electronic device in
their personal vehicle (if applicable) or to leave the device with court security officers stationed at
the secured entrance. “Electronic device” includes, but is not limited to, cellular or smart phones,
laptops, tablets, iPads, and other devices capable of taking photographs, recording audio/video,
transmitting information, or having wireless communications capabilities. A List of Banned
Electronic Devices is available on the Court’s website.
(b) Permissible Electronic Devices. After clearing security, exempt individuals are permitted to carry
into the court facility electronic devices such as cellular or smart phones, laptops, tablets, iPads,
and other devices having wireless communications capability, subject to the following:
(1) No person shall use a permissible device to take photographs, stream broadcasts, or make
audio or video recordings in any court-related space, any public area located on the same
floor as a court-related space in the court facilities, or any other location in which court
business and proceedings are conducted.
(2) The Court prohibits the use of cellular telephones, pagers, or other electronic devices in the
courtroom. Such devices may be carried on the person within a courtroom only if the device is
silenced.
LGnR6-2 Exempt Individuals.
The following individuals will be permitted to bring electronic devices into the court facility with proper
identification and subject to the provisions of this Local Rule:
(a) attorneys who are members of the bar of the Northern District of Oklahoma or who have been
temporarily admitted in the Northern District;
(b) individuals who frequently assist attorneys in legal matters (such as couriers, legal assistants,
paralegals, technical consultants, and expert witnesses). These individuals must have an attorney in
the case notify the court security officers that they are authorized;
(c) government contractors with regular duties in the court facility;
(d) employees who work in the court facility;
(e) anyone attending a ceremonial function, such as a naturalization or investiture ceremony, or an
educational function, such as a moot court competition or continuing legal education program;
(f) individuals attending a settlement conference in the court facility; and
(g) federal jurors. Federal jurors may only use permissible electronic devices during their lunch break.
Juror devices must be turned over to the jury clerk for storage at all other times. The jury clerk will
Northern District of Oklahoma Page 23 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 26 of 94
return all devices to the jurors at the end of the day. Jurors may not use their devices to take
photographs, stream broadcasts, or make audio or video recordings.
LGnR6-3 Exceptions.
(a) A judge may approve the use of electronic or photographic equipment for the presentation of
evidence or the perpetuation of a record.
(b) A judge may approve any additional exceptions.
LGnR6-4 Enforcement and Sanctions.
(a) Enforcement. The United States Marshals Service and court security officers are authorized to
enforce this policy. The United States Marshals Service shall maintain a system where those not
authorized to bring electronic devices into court facilities can secure their devices while visiting the
court facilities.
(b) Sanctions for Violations. Violation of this Local Rule may constitute contempt of court punishable
by incarceration and the imposition of fines, costs, and attorney fees. Violation may result in
confiscation of the offending device by the United States Marshals Service and court security
officers.
Northern District of Oklahoma Page 24 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 27 of 94
LGnR7 – Local Rules
LGnR7-1 Committee on Local Rules.
A Committee on Local Rules, comprised of members of the bar of this Court and the Clerk of Court or
the Clerk’s designee, shall be appointed by the Court. Such Committee shall accept comments and
recommendations regarding the local rules from any member of the bar of this Court or any other
interested person and make recommendations to the Court regarding proposed amendments to the
local rules.
LGnR7-2 Amendments to Local Rules.
(a) Public Notice. The public notice provided in 28 U.S.C. § 2071, Fed. R. Civ. P. 83, and Fed. R. Crim. P.
57 for making and amending local rules consists of:
(1) publishing a notice of the proposed adoption or amendment of these rules on the Court’s
Website; and
(2) inviting written comment.
(b) Proposing Amendments. Procedures for Submitting Proposed Amendments to the Rules are
available on the Court’s website.
(c) Emergency Amendments. When the Court determines there is an immediate need to implement
an amendment, including a technical, clarifying, or conforming amendment, the amendment may
be adopted by the Court without prior comment by the bar or the public. The effective date of an
emergency amendment is the date set forth by the Court in the General Order adopting the
amendment. Amendments adopted under this subsection will thereafter be circulated to the bar
and the public for comment and reevaluated by the Committee and the Court for possible revision.
Northern District of Oklahoma Page 25 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 28 of 94
CIVIL RULES
Northern District of Oklahoma Page 26 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 29 of 94
LCvR3 – Commencing an Action
LCvR3-1 Civil Cover Sheet and Initiating Document.
(a) Civil Cover Sheet. A party commencing an action shall file, as separate documents: (1) the
document initiating the civil action, and (2) a completed Civil Cover Sheet (Form JS-44), which is
available on the Court’s website. The civil cover sheet is for administrative purposes and
information appearing on the civil cover sheet will have no legal effect in the action.
(b) Civil Cover Sheet Exceptions. Persons filing civil cases who are at the time of such filing in custody
of Civil, State, or Federal institutions, and persons filing civil cases pro se are not required to file a
civil cover sheet.
(c) Initiating Documents on Court Required Forms. Petitions for writs of habeas corpus pursuant to
28 U.S.C. § 2241 or 28 U.S.C. § 2254, motions to vacate sentence pursuant to 28 U.S.C. § 2255, and
civil rights complaints pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents of
Federal Bureau of Narcotics, 403 U.S. 388 (1971), filed by persons in custody of Civil, State, or
Federal institutions must be submitted on forms approved by the Court and in accordance with the
instructions provided with the forms. Forms and Instructions are available on the Court’s website.
(d) Numbering Parties. Counsel and pro se parties are required to number each party only in the
caption of the initiating document. The initiating document should not include any motion. Any
motion intended to accompany an initiating document, such as a motion for a temporary
restraining order, must be prepared and filed as a separate document.
LCvR3-2 In Forma Pauperis Motions.
(a) In Forma Pauperis Motion. An applicant who seeks leave to proceed without prepayment of the
filing fees must file a motion to proceed in forma pauperis on the court approved form (Pro Se or
Prisoner) available on the Court’s website.
(b) Prisoner Account Certificate. In the case of a prisoner, such motion must also include a certificate
executed by an authorized officer of the appropriate penal institution stating: (1) the amount of
money or securities currently on deposit to the prisoner’s credit in any institutional account; (2) the
average monthly deposits to the prisoner’s account for the six- month period immediately
preceding the filing of the action; and (3) the average monthly balance in the prisoner’s account for
the six-month period immediately preceding the filing of the action.
If the prisoner has been in more than one penal institution during the six- month period
immediately preceding the filing of the action, the prisoner must obtain the required certificate
from the appropriate official at each institution.
(c) In Forma Pauperis Denial. In forma pauperis status may be denied a prisoner seeking to bring a
civil action, or appeal a judgment in a civil action, if the total balance of the prisoner’s institutional
accounts equals or exceeds the sum of the required filing fee plus $10.00. In any case, if in forma
pauperis status is denied, (1) payment of the entire filing fee shall be required to commence the
action or appeal, and (2) the applicant shall have twenty- one days, unless a different time is
specified by the Court, within which to pay the required filing fees.
Northern District of Oklahoma Page 27 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 30 of 94
LCvR3-3 Partial Filing Fees.
(a) Partial Filing Fees. Prisoners allowed to proceed in forma pauperis in civil actions or appeals in civil
actions shall be assessed an initial partial filing fee and shall be required to make monthly
payments until the filing fee is paid in full, as prescribed by 28 U.S.C. § 1915(b).
(b) Failure to Pay. Failure of any applicant to pay the initial partial filing fee or any other payment
ordered by the Court by the date specified, to seek a timely extension within which to make the
payment, or to show cause in writing for failure to pay by the date specified shall be cause for
dismissal of the action without prejudice to refiling.
(c) Service of Process. Unless otherwise directed by the Court, service of process will not issue until
the applicant has paid the initial partial filing fee ordered by the Court.
LCvR3-4 Copyright, Trademark and Patent Cases.
Complaints filed in copyright, trademark, and patent cases must cite therein the copyright registration
number, trademark number, or patent number. If such number is unavailable at the time of filing, the
complaint must recite a serial number or other identification number obtained from the Registrar of
Copyrights or the Commissioner of Patents and Trademarks. The party filing the complaint must also
provide at the time of filing the required notice to the Patent and Trademark Office in patent, plant
variety protection, and trademark matters (Form AO-120) and the required notice to the Copyright
Office in copyright matters (Form AO-121), available on the Court’s website.
LCvR3-5 Statute of Limitations.
For new cases submitted to the Court by email for which a statute of limitations issue exists,
necessitating the case be filed that day, the party should notify the Clerk’s office by telephone and by
including the information in the email. If properly notified, the Clerk’s office shall deem the filing date of
the documents the date they are received by email. A party who fails to properly notify the Clerk’s office
and files the documents after the statute of limitations has run must seek relief from the Court by
written motion.
Northern District of Oklahoma Page 28 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 31 of 94
LCvR5 – Serving and Filing Pleadings and Other Papers
LCvR5-1 Social Security Actions Under 42 U.S.C. § 405(g).
Actions under 42 U.S.C. § 405(g) for review on the record of a final decision of the Commissioner of
Social Security that present only individual claims are governed by the Federal Rules of Civil Procedure
Supplemental Rules for Social Security and are subject to the procedures, limitations, and requirements
set forth in the Procedure for Social Security Actions Under 42 U.S.C. § 405(g), available on the Court’s
website.
Northern District of Oklahoma Page 29 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 32 of 94
LCvR5.2 – Privacy Protection for Filings Made with the Court
LCvR5.2-1 Redaction of Personal Data Identifiers.
The responsibility for redacting personal data identifiers rests solely with counsel and the parties. The
Clerk’s office will not review each pleading for compliance with Fed. R. Civ. P. 5.2(a). Redactions must
comply with the Procedures for Redacting, available on the Court’s website.
LCvR5.2-2 Sealed Documents.
(a) Policy. It is the policy of this Court that sealed documents, confidentiality agreements, and
protective orders are disfavored. Sealed documents and confidentiality agreements may be
approved by the Court only upon showing that a legally protected interest of a party, non-party, or
witness outweighs the compelling public interest in disclosure of records. All protective orders
dealing with confidentiality must be approved by a magistrate judge and filed of record but shall
not qualify as an order to seal documents for purposes of this rule.
The Court strongly urges attorneys to present all arguments and all documents in unsealed
pleadings. Where possible, attorneys should generically refer to matters covered by a protective
order to avoid revealing confidential information. Agreement of the parties that a document or
other material should be filed under seal or the designation of a document or other material as
confidential during discovery is not, by itself, sufficient justification for allowing a document or
other material to be filed under seal.
(b) Sealed Documents in Public Cases. Anyone seeking to file a document or other material under seal
in a public case must make a good faith effort to redact or seal only as much as necessary to
protect legitimate interests. Blanket sealing of entire briefs, documents, or other papers is rarely
appropriate. To obtain an order allowing a document or other material to be filed under seal in
whole or in part, the filing party must file: (1) a motion to seal; (2) a redacted version of the
document to be sealed, if applicable, filed separately as a public document; and (3) an unredacted
version of the document to be sealed, which must be filed separately under seal. The relief sought
shall be narrowly tailored to serve the specific interest sought to be protected. A proposed order
shall be submitted in compliance with the Procedure for Submitting Proposed Documents to the
Court, available on the Court’s website. If the motion to seal is denied, the Court will direct that the
document either be stricken or be unsealed.
(c) Caption of Sealed Documents. Underneath the case number, in the style of any document sought
to be sealed, the document must be marked in all caps, “SEALED.”
LCvR5.2-3 Documents Filed in Sealed Cases.
Documents to be filed in Sealed Cases (non-public cases) must be filed in paper format in compliance
with the Procedure for Submitting Documents to the Court for Filing in Sealed Cases, available on the
Court’s website.
Northern District of Oklahoma Page 30 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 33 of 94
LCvR5.2-4 Ex Parte Filings.
Parties do not need to file a separate motion to seal for documents filed ex parte, provided that the
document is filed with the caption SEALED EX PARTE located under the case number.
Northern District of Oklahoma Page 31 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 34 of 94
LCvR7 – Pleadings Allowed; Form of Motions and Other Papers
LCvR7-1 Motion Practice.
(a) Filing. No attached pleadings, motions, or other papers shall be removed for filing from an original
motion. Nor shall pleadings, motions, or other papers be held by the Clerk of Court for filing,
awaiting leave to do so.
(b) Briefs. Except for motions described in LCvR7-1(c), briefs must be filed in support of motions. A
motion and the brief in support may be filed as one document if clearly stated in the title of the
pleading. Each brief shall be clearly styled to show whether it is opening, response, reply, or
supplemental; the particular motion or proceeding to which it relates; and the party or parties on
whose behalf it is presented. If there are multiple parties or if there are cross- claimants or
intervenors, references to them shall include the name (which may be abbreviated) of the
particular party to whom reference is made. It is not acceptable to file any combination of motion,
response, reply or supplemental brief.
(c) Motions Not Requiring Briefs. No brief is required by either movant or respondent unless
otherwise directed by the Court, with respect to the following motions: (1) to accelerate, extend, or
reset any deadline; (2) to amend or supplement any previous filing; (3) to withdraw as counsel; (4)
to appoint next friend or guardian ad litem; (5) to substitute parties; (6) to compel discovery
responses when no response has been made; (7) to appear pro hac vice; and (8) to file an oversized
brief. Said motions not requiring briefs shall state whether opposing counsel agrees or objects to
the request. A separate proposed order shall be submitted in compliance with the Procedure for
Submitting Proposed Documents to the Court, available on the Court’s website.
(d) Length and Format of Briefs. Absent leave of Court, opening and response briefs shall be limited to
twenty-five pages, and reply and supplemental briefs shall be limited to ten pages. Motions for
leave to file a brief exceeding these page limits shall state the requested number of pages and shall
be filed no later than one day before the date the brief is due. Briefs exceeding fifteen pages shall
be accompanied by an indexed table of contents showing headings or sub-headings and an indexed
table of statutes, rules, ordinances, cases, and other authorities cited. Any authority not readily
available, including statutes foreign to the jurisdiction and ordinances which are relied upon by a
party, shall be cited and quoted in or attached to the brief of the party. LCvR7-1(d) does not apply
to briefs filed in social security actions under 42 U.S.C. § 405(g) or in habeas actions under 28 U.S.C.
§§ 2241 and 2254.
(e) Response Briefs. Each party opposing a motion, other than a discovery motion governed by
LCvR37-2(e), shall file and serve upon all other parties a response within twenty-one days from the
date the motion was filed. At the discretion of the Court, any non-dispositive motion which is not
opposed within twenty-one days may be deemed confessed. Responses to discovery motions are
subject to the expedited briefing requirements of LCvR37-2(e).
(f) Reply and Supplemental Briefs. Reply briefs regarding new matters in the response brief may be
filed within fourteen days from the due date of the response. After the filing of the reply or the
expiration of fourteen days, the motion will be deemed ripe for ruling. By order, the Court may
increase or reduce this time. Supplemental briefs are not encouraged and may be filed only upon
Northern District of Oklahoma Page 32 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 35 of 94
motion and leave of Court. Reply briefs regarding discovery motions are subject to the expedited
briefing requirements of LCvR37-2(e).
(g) Requests for Extensions of Time. All motions for extension of time shall state: (1) the date the act
is due to occur without the requested extension; (2) whether previous motions to extend the
deadline at issue have been made and, if so, the disposition of the previous motions; (3) specific
reasons for the requested extension, including an explanation as to why the act may not be
completed within the originally allotted time; (4) whether the opposing counsel or party agrees or
objects to the requested extension; and (5) the impact, if any, on the scheduled trial or other
deadlines. A proposed order, identifying the requested new deadlines, shall be submitted in
compliance with the Procedure for Submitting Proposed Documents to the Court, available on the
Court’s website.
(h) Motions to Amend or Add Parties. In a motion to amend or a motion to add parties, the movant
shall state: (1) the deadline date established by the scheduling order, if any, and (2) whether any
other party objects to the motion. A proposed order setting forth the title and docket number of
the pleading to be amended and a summary of the proposed changes and/or the names of the
parties being added, shall be submitted in compliance with the Procedure for Submitting Proposed
Documents to the Court, available on the Court’s website.
(i) Motions Not to be Filed Within Fourteen Days of the Date a Case Is Set for Trial. Motions filed
within fourteen days of the date a case is set for trial will be stricken unless the motion is based
upon a sudden emergency regarding facts that could not have been previously known.
Northern District of Oklahoma Page 33 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 36 of 94
LCvR7.1 – Disclosure Statement
LCvR7.1-1 Disclosure Statement.
(a) Nongovernmental Entities— All Cases. Any nongovernmental corporation or other
nongovernmental entity that is a party or that seeks to intervene shall file a Disclosure Statement
(Form CV-24), available on the Court’s website, making the disclosures listed in Fed. R. Civ. P. 7.1(a)
(1), and also identifying the names of all associations, firms, partnerships, corporations, and other
artificial entities that either are related to the party or intervenor as a parent, subsidiary, or
otherwise, or have a direct financial interest in the outcome of the litigation. The provisions of Fed.
R. Civ. P. 7.1(b) shall apply to nongovernmental entities in all cases.
(b) Diversity Cases. In diversity cases, all parties or intervenors shall file a Disclosure Statement (Form
CV-24), available on the Court’s website, making the disclosures required by Fed. R. Civ. P. 7.1(a)(2).
Northern District of Oklahoma Page 34 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 37 of 94
LCvR16 – Pretrial Conferences; Scheduling; Management
LCvR16-1 Pretrial Procedures.
(a) Applicability of Rule. All cases, except those exempted herein, are subject to the provisions of this
local rule, but the judge assigned to any such case may, in his or her discretion, order the case
exempt. Unless otherwise ordered by the Court, the following categories of actions are exempt
from the requirements of Fed. R. Civ. P. 16(b) and this local rule:
(1) Cases exempt from initial disclosure under Fed. R. Civ. P. 26(a)(1)(B);
(2) Social Security Reviews/Appeals;
(3) Bankruptcy Appeals and Withdrawals;
(4) Immigration and Deportation Actions;
(5) Forfeiture and Statutory Penalty Actions;
(6) Federal Tax Suits;
(7) Multidistrict Litigation Actions;
(8) Government Collection Actions;
(9) Governmental Administrative Enforcement Proceedings;
(10) Eminent Domain Proceedings;
(11) Land Condemnation Actions;
(12) Foreclosure Actions;
(13) Rent, Lease and Ejectment Actions;
(14) Tort Product Liability - Asbestos Cases Only;
(15) Cases for review of administrative decisions under the Employment Retirement Income
Security Act;
(16) State Reapportionment Actions;
(17) Selective Service Actions;
(18) Equal Access to Justice Act Filings;
(19) Freedom of Information Act Suits;
(20) Food Stamp Denial Actions;
(21) Proceedings to compel arbitration or to confirm or set aside arbitration awards;
(22) Proceedings relating solely to the giving of testimony or production of documents;
Northern District of Oklahoma Page 35 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 38 of 94
(23) Proceedings involving water rights matters;
(24) Proceedings requesting injunctive or emergency relief only; and
(25) Cases assigned to be heard by a three-judge panel.
In exempt cases, the Court may issue standard scheduling orders, require compliance with the
disclosure provisions of Fed. R. Civ. P. 26(a), or require compliance with Fed. R. Civ. P. 26(f) relating
to planning meetings between the parties.
(b) Scheduling and Planning.
(1) Joint Status Report. In all nonexempt cases (and in exempt cases when directed to do so by
the Court), trial counsel for all parties, and pro se parties, if any, shall confer and prepare and
file a Joint Status Report (Form CV-03), available on the Court’s website. The Court may order
the filing of a Joint Status Report by a date certain. However, if the Court does not order the
filing of a Joint Status Report by a date certain, the Report shall be filed in accordance with the
timing set forth in Fed. R. Civ. P. 26(f).
(2) Required Attendance at Conference. Counsel with authority to make appropriate decisions
and pro se parties shall attend any conference required by the Court. When justified by the
circumstances, the Court may allow counsel or pro se parties to participate in such conference
remotely. Pro se parties and counsel shall be prepared to discuss all relevant matters
enumerated in Fed. R. Civ. P. 16(c)(2).
(c) Pretrial Responsibilities.
(1) Preparation of Status Reports, Final Pretrial Orders, and Other Orders.
(A) Unless otherwise ordered by the Court, plaintiff’s counsel, with full and timely
cooperation of other counsel and pro se parties, is responsible for preparing, obtaining
approval of all parties, and furnishing the Court any status reports, pretrial orders, or
other orders required by the Court or these local rules.
(B) The jointly prepared, proposed, final Pretrial Order, conforming to the format required
by the judge presiding in the case, shall be tendered to the Clerk of Court by plaintiff’s
counsel seven days before the pretrial conference, unless otherwise ordered by the
Court. The proposed, final Pretrial Order shall be submitted in compliance with the
Procedure for Submitting Proposed Documents to the Court, available on the Court’s
website.
LCvR16-2 Settlement Conferences; Scheduling; Management; Process.
(a) Purpose. The purpose of the settlement conference is to permit an informal discussion between
the attorneys, parties, and the settlement judge on every aspect of the case bearing on its
settlement value in an effort to resolve the matter before trial. The parties and counsel shall
participate in the conference in good faith. This means that based on discussion at the conference,
the parties will reconsider their negotiating positions, objectively evaluating the strengths and
Northern District of Oklahoma Page 36 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 39 of 94
weaknesses of their case or defense, the anticipated cost of the litigation and the uncertainty of a
particular result.
(b) Scheduling. All civil cases set on a trial docket are automatically set for settlement conference
before the settlement judge. The Court may, sua sponte, or on the request of any of the parties,
schedule a settlement conference at any practicable time. The terms of the Settlement Conference
Order govern the procedures for the settlement conference. The assigned district judge may, in his
or her discretion, require that the parties pay for a settlement conference in any reasonable
manner or amount.
(c) Settlement Judges.
(1) Definition and Disqualification. The settlement judge who presides over the settlement
conference may be a district judge or a magistrate judge, other than a judge assigned to the
case, or an adjunct settlement judge. The settlement judge will take no part in adjudicating
the case after the settlement conference. Any party or counsel of record may move to
disqualify the assigned settlement judge pursuant to 28 U.S.C. § 455, other applicable law or
professional responsibility standards.
(2) Adjunct Settlement Judges.
(A) Selection. Adjunct settlement judges shall be selected by the Court from among
members of the bar in good standing and chosen based upon their expertise, experience,
actual and apparent impartiality, reputation for fairness, training, and temperament.
They shall be invited to serve without compensation and commit to conduct a minimum
of six settlement conferences per year.
(B) Assignment and Appointment. The magistrate judge responsible for the Court’s
settlement program will assign a settlement judge to a particular case. In cases where the
settlement effort is expected to be extensive, or in connection with discovery matters,
the Court may appoint an adjunct settlement judge as a special project settlement judge
or discovery judge, and order the parties to pay for the adjunct settlement judge’s time
at a reasonable hourly rate. Such payment shall be apportioned between the parties as
agreed, or by the Court on an equitable basis.
(3) Authority of Settlement Judge. The settlement judge may excuse attendance of any attorney,
party, or party’s representative, except as provided in LCvR16- 2 (d) (2); meet jointly or
individually with counsel, alone or with parties or persons or representatives interested in the
outcome of the case without the presence of counsel; and issue such other and additional
requirements as shall seem proper, including follow-up sessions telephonically or otherwise,
in order to expedite an amicable resolution of the case.
(d) Settlement Conference Process.
(1) Pre- conference Preparation. Before the settlement conference, attorneys shall discuss
settlement with their respective clients and opposing counsel (or pro se parties) so that the
issues and bounds of settlement have been explored in advance of the settlement conference.
The parties, their representatives and attorneys must be prepared to be completely candid
Northern District of Oklahoma Page 37 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 40 of 94
with the settlement judge so that the judge may properly guide settlement discussions.
Pertinent evidence to be offered at trial may be brought to the settlement conference for
presentation if particularly relevant.
(2) Governmental Entities. In the event a governmental entity that is a party determines that it
will be unable to provide a representative with full settlement authority at the settlement
conference, the governmental entity shall promptly move for leave to proceed with a
representative with limited authority. The motion shall be filed no later than fourteen days
before the settlement conference and shall contain: (1) a statement explaining why it is
impracticable for a representative with full settlement authority to attend the conference; (2)
a detailed description of the limited authority to be exercised at the conference; and (3)
alternative proposals by which the governmental entity may exercise full authority at or after
the conference. Upon consideration of the motion, the Court may allow the governmental
entity to appear through a representative with limited authority or may, notwithstanding the
motion, require appropriate representatives to appear as may be necessary to have full
settlement authority at the conference.
(3) Written Settlement Conference Statements. Settlement conference statements shall be
submitted to the settlement judge and served on opposing counsel in accordance with the
deadlines outlined in the Settlement Conference Order filed in the case. The statements shall
concisely summarize the parties’ claims/defenses/counterclaims, and the parties’ views
concerning factual issues, issues of law, liability, damages or relief requested. The statement
shall not exceed five, single-spaced pages and shall not be filed in the case or made part of the
Court file.
(4) Attendance Requirements. The lead attorney who will try the case for each party shall appear
at the settlement conference. If a party is not a natural person, the party shall send a
representative with full settlement authority. Outside counsel may not serve as a party
representative. Other interested entities such as insurers or indemnitors shall attend and are
subject to the provisions of this Rule. Governmental entities and boards shall send a
representative and counsel who, together, are knowledgeable about the facts of the case and
the governmental unit’s or board’s position, and have, to the greatest extent feasible,
authority to settle. Except as provided in LCvR16-2(d)(2), only the settlement judge or the
Court may excuse attendance of any attorney, party, or party representative. Any party
excused from appearing in person shall be available to participate remotely, if required.
Failure to attend the settlement conference or failure to cooperate fully may result in the
imposition of sanctions in accordance with Fed. R. Civ. P. 16(f).
(5) Conclusion of the Settlement Conference. At the conclusion of the settlement conference,
the settlement judge shall notify the Court whether the case did or did not settle and submit a
Settlement Conference Report to the magistrate judge responsible for the Court’s settlement
program. If the case settled, counsel shall prepare and file the appropriate dismissal or closing
papers by any deadline set in the report.
(e) Confidentiality. The settlement judge, all counsel and parties, and any other persons attending the
settlement conference shall treat as confidential all written and oral communications made in
Northern District of Oklahoma Page 38 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 41 of 94
connection with or during any settlement conference. Neither the settlement conference
statements nor communications during the conference with the settlement judge may be used by
any party in the trial of the case unless otherwise permitted under Fed. R. Evid. 408. No
communication relating to or occurring at a Court-ordered settlement conference may be used in
any aspect of any litigation except proceedings to enforce a settlement agreed to at the
conference, unless otherwise permitted under Fed. R. Evid. 408. No settlement judge may be called
as a witness, except as requested by a judge of this Court. In that instance, the settlement judge
shall not be deposed, and shall testify as the Court’s witness.
(f) Alternative Methods. The Court may, in its discretion, set any civil case for summary jury trial,
mini- trial, executive summary jury trial (summary jury trial where chief executive officers of
corporate parties participate as part of a three-judge trial panel), mediation, arbitration, or other
method of alternative dispute resolution as the Court may deem proper, so long as due process is
not abrogated or impaired.
Northern District of Oklahoma Page 39 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 42 of 94
LCvR17 – Plaintiff and Defendant; Capacity; Public Officers
LCvR17-1 Eligibility to Appear Pro Se; Practice of Pro Se Parties.
(a) Generally. An individual who is not represented by counsel and who is a party in a pending
proceeding may appear pro se and represent himself or herself in the proceeding.
(b) No Representation of Other Parties. A pro se party may not (1) represent any other party or (2)
authorize any other individual who is not a member of the bar of this Court to appear on his or her
behalf. However, if a pro se party is also an attorney who is otherwise permitted to practice in this
Court, the attorney may represent another party in the same action if the representation is
otherwise appropriate under the circumstances.
(c) Corporations and Other Entities. A corporation, partnership, limited liability company, trust,
estate, or other entity that is not a natural person may not appear pro se. An individual officer,
director, partner, member, trustee, administrator, or executor may not appear on behalf of an
entity; provided, however, that if such an individual is also an attorney who is otherwise permitted
to practice in this Court, the attorney may represent the entity if the representation is otherwise
appropriate under the circumstances. The Court may strike any pleading filed on behalf of any
entity that purports to appear pro se.
(d) Requirement to Follow Rules. A pro se party is required to comply with all local rules and all
applicable federal rules.
(e) Requirement to Provide Mailing Address. A pro se party must provide the Clerk of Court and all
parties a mailing address at which service upon the pro se party can be made.
(f) Option to Provide Email Address. A pro se party may provide the Clerk of Court and all parties an
email address at which service upon the pro se party can be made. A pro se party who chooses to
receive service of pleadings and other papers by email must complete and file a written Consent to
Receive Notices of Electronic Filing (Form ProSe-17), available on the Court’s website.
(g) Requirement for Documents Filed with Court. Any document requiring a signature that is filed by
a pro se party shall bear the words “pro se” following that party’s signature.
(h) Requirement to Update Contact Information. Every pro se party shall inform the Clerk of Court
and all parties, in writing, of any change of name, address, telephone number, or email address
within fourteen days of the change. It is the responsibility of the pro se party to notify the Clerk of
Court and the parties of any change.
(i) Electronic Filing. As a matter of routine practice, pro se parties will not be authorized to file
electronically. If the Court permits, a pro se party may register as a CM/ECF user solely for purposes
of the action. If, during the course of the action, the party retains an attorney who appears on the
party’s behalf, the attorney must advise the Clerk of Court to terminate the party’s registration as a
CM/ECF user upon the attorney’s appearance.
Northern District of Oklahoma Page 40 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 43 of 94
LCvR21 – Misjoinder and Nonjoinder of Parties
LCvR21-1 Notice of Bankruptcy Filing.
If a party to a civil case files bankruptcy, or an involuntary bankruptcy proceeding is commenced against
a party, the party shall notify the Court within seven days of the filing of said bankruptcy by filing a
formal notice in the civil case, with proof of service to all parties.
Northern District of Oklahoma Page 41 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 44 of 94
LCvR26 – Duty to Disclose; General Provisions Governing Discovery
LCvR26-1 Compliance with Requirements Under Fed. R. Civ. P. 26.
(a) Initial Disclosures. Parties shall make the initial disclosures required by Fed. R. Civ. P. 26(a)(1)
unless all parties stipulate to waive initial disclosures in the Joint Status Report required by LCvR16-
1.
(b) Discovery Plan. The discovery plan required by Fed. R. Civ. P. 26(f) shall be included in the Joint
Status Report referenced in LCvR16-1.
LCvR26-2 Disclosure of Insurance Agreements.
A party shall, without awaiting a discovery request, provide any insurance agreement to the other
parties under which any person carrying on an insurance business may be liable to satisfy all or part of a
judgment which may be entered in the action or to indemnify or reimburse for payments made to
satisfy such a judgment. Full and complete copies of such insurance agreements shall be served on all
other parties along with the disclosing party’s answer, reply, or motion filed pursuant to Fed. R. Civ. P.
12(b).
LCvR26-3 Format and Service of Discovery Requests.
Upon request, which shall not be unreasonably denied, the party serving discovery requests pursuant to
Fed. R. Civ. P. 33, 34, or 36, shall provide a copy of the discovery request(s) to the responding party in an
electronic format sufficient to avoid the necessity of re-typing each interrogatory or request (e.g., a
Word document, a searchable PDF). This requirement does not apply to pro se parties. The party
answering, responding, or objecting to written interrogatories or requests shall quote each
interrogatory or request in full immediately preceding the statement of any answer, response, or
objection thereto.
LCvR26-4 Discovery Material Not to be Filed.
Discovery material, including but not limited to: initial disclosures; depositions; notices of depositions;
interrogatories; requests for documents; requests for admissions; and answers and responses thereto
shall not be filed with the Court unless on order of the Court or unless they are attached to a motion,
response thereto, or are needed for use in a trial or hearing.
LCvR26-5 Privilege Log.
(a) In accordance with Fed. R. Civ. P. 26(b), when a claim of privilege or work product protection is
asserted in response to a discovery request for documents, the party asserting the privilege or
protection shall provide the following information with respect to each document in the form of a
privilege log: the type of document; the general subject matter of the document; the date of the
document; the author of the document, whether or not the author is a lawyer; each recipient of
the document; and the privilege asserted. This rule shall apply only to document requests.
(b) If information called for by one or more of the foregoing categories is itself privileged, it need not
be disclosed. However, the existence of the document and any non-privileged information called
Northern District of Oklahoma Page 42 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 45 of 94
for by the other categories must be disclosed. This rule requires preparation of a privilege log with
respect to all documents withheld based on a claim of privilege or work product protection except
the following: written communications between a party and its trial counsel after commencement
of the action and the work product material created after commencement of the action.
LCvR26-6 Protective Orders.
A party seeking a protective order to allow for the confidential treatment of materials or information
produced, or to be produced, during discovery shall file a motion that complies with the Procedure for
Protective Orders, available on the Court’s website. A non-redlined proposed order shall be submitted
with the motion, in compliance with the Procedure for Submitting Proposed Documents to the Court,
also available on the Court’s website.
Northern District of Oklahoma Page 43 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 46 of 94
LCvR30 – Depositions by Oral Examination
LCvR30-1 Depositions.
(a) Notice. Subject to an order of the Court entered for cause shown enlarging or shortening the time:
(1) a subpoena to compel a witness to attend a deposition as contemplated by Fed. R. Civ. P. 30
(a)(1), shall be served on the witness at least seven days before the date of the deposition;
and
(2) reasonable notice to parties as contemplated by Fed. R. Civ. P. 30(b)(1) for the taking of
depositions shall be seven days.
(b) Length of Depositions. No deposition shall extend beyond seven hours in length, beyond 5:00 p.m.,
or be taken on a weekend or holiday without an agreement in writing signed by all interested
attorneys or acknowledged on the record by all interested attorneys or an order of the Court.
Extensions of this time limitation shall be freely given in the event of obstructive or uncooperative
conduct on the part of the witness or opposing counsel, or otherwise in the interests of justice.
(c) Procedure for Designation of Deposition Testimony for Use at Trial. Deposition designations and
counterdesignations should be exchanged between counsel and filed of record. No objection to any
designation or counterdesignation shall be considered by the Court until a good faith effort to
resolve the objections by means of a personal meeting between counsel has been conducted. After
this meeting, objections to designations, if any, shall be filed as separate pleadings as to each
deponent without attachments of any deposition transcripts. Deposition transcripts highlighted in
different colors with designations and counterdesignations and annotated with objections in the
margins should be submitted to the Court in compliance with the Procedure for Submitting
Deposition Transcripts (Highlighted and Annotated) to the Court, available on the Court’s website.
A high degree of cooperation between counsel is expected to minimize the number of objections.
(d) Certified Copies Substituted. Upon a showing that an original deposition is unavailable, a certified
copy may be substituted.
(e) Objections During Depositions. Counsel shall attempt to resolve any disputes concerning
objections made during the deposition before presenting unresolved issues to the Court.
Northern District of Oklahoma Page 44 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 47 of 94
LCvR33 – Interrogatories to Parties
LCvR33-1 Interrogatories.
Interrogatories inquiring as to the existence, location and custodian of documents or physical evidence
shall each be construed as one interrogatory. All other interrogatories, including subparts of one
numbered interrogatory, shall be construed as separate interrogatories.
Northern District of Oklahoma Page 45 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 48 of 94
LCvR36 – Requests for Admission
LCvR36-1 Admissions.
Without leave of Court or written stipulation of the parties, each party is limited to twenty-five requests
for admission.
Northern District of Oklahoma Page 46 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 49 of 94
LCvR37 – Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
LCvR37-1 Informal Conference to Settle Discovery Disputes.
This Court will not hear any motions or objections relating to discovery under Fed. R. Civ. P. 26 through
37 or 45, unless counsel for movant first advises the Court in writing that counsel for all parties to the
dispute have personally met and conferred in good faith and, after a sincere attempt to resolve
differences, have been unable to reach an accord. No personal conference is required when the
movant’s counsel represents to the Court in writing that movant’s counsel has conferred with opposing
counsel by telephone and (1) the motion or objection arises from failure to timely make a discovery
response, or (2) the distance between counsels’ offices, which the motion must state with particularity,
renders a personal conference infeasible. The Court may excuse the requirements of LCvR37-1 for good
cause or when the administration of justice requires.
LCvR37-2 Discovery Enforcement.
(a) Disposition of Discovery Matters by Magistrate Judge. Unless otherwise directed by a district
judge, all discovery matters shall be resolved by order of the assigned magistrate judge. Magistrate
judge’s orders shall remain in full force and effect as an order of the Court unless reversed or
modified by a district judge.
(b) Expedited Hearings. A magistrate judge may expedite discovery matters by means of remote
conferences or emergency hearings. Under exigent circumstances, verbal or telephonic requests
for an expedited hearing may be made through the Clerk’s office or directly to a magistrate judge’s
office. Ex parte communication with the discovery magistrate judge will not be permitted.
(c) Routine Matters. Discovery matters that are not time sensitive or of an emergency nature shall be
handled in due course by consideration of appropriate written motions.
(d) Requests and Responses Must Be Submitted. The opening brief in support of a discovery motion
filed under Fed. R. Civ. P. 26 through 37 shall either (1) include a verbatim recitation or (2) attach
an exact copy of each interrogatory, request, answer, response and objection that is the subject of
the motion.
(e) Expedited Briefing Required. Notwithstanding the time periods set forth in LCvR7-1(e) and (f), a
response to a discovery motion filed under Fed. R. Civ P. 26 through 37 or 45 shall be filed within
fourteen days from the date the motion was filed. A reply brief regarding a discovery motion may
be filed within seven days from the due date of the response.
(f) Compliance with Discovery Orders Pending Appeal. A party’s duty to comply with a discovery
order is not stayed by filing an appeal from or objection to the order, unless such a stay is
specifically ordered by the magistrate judge or district judge.
Northern District of Oklahoma Page 47 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 50 of 94
LCvR38 – Right to a Jury Trial; Demand
LCvR38-1 Jury Demand.
If a party demands a jury trial by endorsing it on a pleading, as permitted by Fed. R. Civ. P. 38(b), a
notation shall be placed on the front page of the pleading, immediately following the title of the
pleading, stating “Jury Trial Demanded.” This notation will serve as a sufficient demand under Fed. R. Civ
P. 38(b). See LCvR81-1 relative to removed cases.
Northern District of Oklahoma Page 48 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 51 of 94
LCvR40 – Scheduling Cases for Trial
LCvR40-1 Assignment and Distribution of Cases.
(a) Random Assignment of District Judges. Criminal and civil cases shall be assigned to district judges
according to a system based on random selection both for initial assignment and for assignment
following recusal. The system of random case assignment, distribution of cases, and rotating
supervision of the Grand Jury shall be determined by the Court.
(b) Random Assignment of Magistrate Judges. A magistrate judge shall be randomly assigned to each
civil case when the case is filed.
(c) Social Security Cases. Social security cases shall be randomly assigned to the magistrate judges in
this district in equal proportions to conduct all proceedings in the case, including entry of final
judgment, under 28 U.S.C. § 636. Any party wishing to decline magistrate judge jurisdiction shall
comply with the Procedure for Declining Magistrate Judge Jurisdiction, available on the Court’s
website. Parties are free to decline magistrate judge jurisdiction without adverse substantive
consequences. A district or magistrate judge will be informed of a party’s response only if all
parties have consented to the magistrate judge’s jurisdiction.
The filing of a party’s opening brief or response brief without first submitting an executed
Statement as to Magistrate Judge Jurisdiction (Form CV-30), available on the Court’s website, will
be deemed written consent to proceed before a magistrate judge. If within twenty-one days of the
date the Commissioner files an answer or motion under Fed. R. Civ. P Supp. SS Rule 4 no party has
submitted an executed Statement declining magistrate judge jurisdiction, it will be deemed written
consent to proceed before a magistrate judge.
If any party submits an executed Statement declining magistrate judge jurisdiction, the case will
thereafter be randomly reassigned to a district judge and a magistrate judge from the civil case
assignment deck. Pursuant to LCvR72-1, the case shall then be referred to the magistrate judge for
all proceedings consistent with 28 U.S.C. § 636, including the filing of a report and recommendation
on dispositive matters.
(d) Death Penalty Habeas Cases. Death penalty habeas cases shall be randomly assigned
independently of other actions to ensure their equal distribution among the active district judges of
this Court, or senior judges with their consent.
LCvR40-2 Assignment of Cases for Trial.
The placing of actions upon the trial calendar will be set in the Scheduling Order or upon motion by the
parties.
Northern District of Oklahoma Page 49 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 52 of 94
LCvR41 – Dismissal of Actions
LCvR41-1 Administrative Closure.
A judge may close a civil action administratively, subject to reopening for good cause.
Northern District of Oklahoma Page 50 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 53 of 94
LCvR42 – Consolidation; Separate Trials
LCvR42-1 Consolidation.
(a) Motion to Consolidate. Any party may file a motion to consolidate two or more cases before a
single judge if the party believes that such cases or matters: (1) arise from substantially the same
transaction or event; (2) involve substantially the same parties or property; (3) involve the same
patent, trademark, or copyright; (4) call for determination of substantially the same questions of
law; or (5) for any other reason that would entail substantial duplication of labor or unnecessary
court costs or delay if heard by different judges. A motion to consolidate shall be filed in the lowest
numbered case included in the proposed consolidation, shall include a list identifying all cases
pending that are related to the case, and shall be decided by the district judge to whom the lowest
numbered case is assigned.
(b) Notice of Filing. A notice of filing of a motion to consolidate shall be filed by the movant as a party
or, with the assistance of the Clerk of Court, as an interested party in all other cases proposed for
consolidation.
(c) Assignment. Consolidated cases shall be reassigned to the judicial officer to whom the lowest
numbered consolidated case was assigned.
Northern District of Oklahoma Page 51 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 54 of 94
LCvR43 – Taking Testimony
LCvR43-1 List of Witnesses and Exhibits in Civil Cases.
At the commencement of the trial of a civil case or any civil proceeding in which witnesses and exhibits
are utilized, the attorneys shall submit to the Court: 1) a typewritten Witness List for Trial/Hearing (Form
CV-15a) listing the witnesses they expect to call as a witness in chief, and 2) a typewritten Exhibit List for
Trial/Hearing (Form CV- 16a) listing the exhibits they intend to introduce, available on the Court’s
website, in compliance with the Procedure for Submitting Witness and Exhibit Lists to the Court, also
available on the Court’s website.
LCvR43-2 Use of Exhibits at Trial.
(a) Marking and Disclosure. All exhibits and documents which are to be introduced in evidence are to
be marked for identification, which shall include the case number, and exhibited to opposing
counsel at least seven days before submission of the Pretrial Order.
(b) Withdrawal. Unless otherwise ordered by the Court, all exhibits introduced in evidence in the trial
of the case shall be withdrawn at the close of trial and remain in the custody of the party
introducing the evidence. The Court may order the party introducing exhibits which are bulky,
heavy, firearms, or controlled substances to retain custody of such exhibits during the trial. Any
such order shall provide for preservation of the exhibit as justice may require.
(c) Photographs for Appeal. Exhibits, diagrams, charts, and drawings may, under the supervision of
the Court, be photographed for use on appeal or otherwise.
Northern District of Oklahoma Page 52 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 55 of 94
LCvR45 – Subpoena
LCvR45-1 Issuance of Subpoenas and Writs of Habeas Corpus Ad Testificandum.
(a) Issuance of Subpoenas. Any party, whether pro se or represented by counsel, who is proceeding in
forma pauperis must file a written motion requesting issuance of any subpoena. The motion shall
be filed not less than twenty-one days before the date set for trial or hearing and shall include the
following information.
(1) If for a hearing or deposition, the motion must set forth the name and address of each witness
for whom a subpoena is sought, along with a brief summary of the substance of the witness’
anticipated testimony.
(2) If for the production of documents, electronically stored information or tangible things, or to
permit the inspection of premises, the motion must set forth a detailed description of the
request.
(3) In its discretion, the Court may impose this requirement on pro se parties not proceeding in
forma pauperis.
(b) Writs of Habeas Corpus Ad Testificandum. In any petition for a writ of habeas corpus ad
testificandum for a non-party witness, all pro se parties must include the name, inmate number, if
any, and address of the witness, along with a brief summary of the substance of the witness’
anticipated testimony.
Northern District of Oklahoma Page 53 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 56 of 94
LCvR47 – Selecting Jurors
LCvR47-1 Random Selection of Grand and Petit Jurors.
This Court’s Jury Plan pursuant to the Jury Selection and Service Act of 1968 (Public Law 90-274) (“the
Act”) is available on the Court’s website.
Northern District of Oklahoma Page 54 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 57 of 94
LCvR54 – Judgment; Costs
LCvR54-1 Costs.
(a) A prevailing party who seeks to recover costs against an unsuccessful party shall file a Bill of Costs
(Form AO-133), available on the Court’s website, and support the same with a brief. The bill of
costs and brief shall be filed and served not more than fourteen days after entry of judgment. The
bill of costs and brief shall be separate documents from the motion for attorney fees and its brief.
(b) The bill of costs shall have endorsed thereon proof of service upon the opposite party. The
prevailing party shall provide either receipts or documents (or, if unavailable, an affidavit) in
support of the requested itemized costs. Objections to the allowance of costs must be filed within
twenty-one days from the date the bill of costs was filed.
(c) As soon as practicable after the period for filing objections has elapsed, the Clerk of Court will
consider the bill of costs. A hearing on the bill of costs and any objections may be scheduled at the
discretion of the Clerk of Court. After consideration of the bill of costs and any objections, the Clerk
of Court will make disposition and ruling on the bill of costs, allowing or disallowing the items in
whole or part.
(d) If a bill of costs is properly and timely filed and no written objection thereto is filed within the time
herein specified, the claimed costs may be allowed in full.
LCvR54-2 Civil Attorney Fees.
(a) A prevailing party who seeks to recover attorney fees against the unsuccessful party shall file a
motion for attorney fees and support the same with a brief and affidavit.
(b) The brief shall recite the statutory, contractual, and/or legal authority for the request and, in an
affidavit, the amount of time spent on the case, the hourly fee claimed by the attorney, the hourly
fee usually charged by the attorney if this differs from the amount claimed in the case, and any
other pertinent factors.
(c) Social Security Cases. Plaintiff’s Motion for Attorney Fees filed in social security cases pursuant to
42 U.S.C. § 406(b) shall include the Certification of Notice to Plaintiff and Notice to Plaintiff (Form
CV-25), available on the Court’s website.
Northern District of Oklahoma Page 55 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 58 of 94
LCvR55 – Default; Default Judgment
LCvR55-1 Procedure for Obtaining Default Judgment.
(a) Entry of Default by Clerk of Court. To obtain an entry of default pursuant to Fed. R. Civ. P. 55(a),
the party must file a “Motion for Entry of Default by the Clerk.” The motion shall recite the facts
that establish service of process, be accompanied by affirmations concerning non-military service,
and state that the individual is neither an infant nor an incompetent person. Once a proper motion
has been filed, the Clerk of Court will prepare and enter default, after independently determining
that service has been effected, that the time for response has expired, and that no answer or
appearance has been filed.
(b) Entry of Default Judgment. In its discretion, the Court may set a hearing on the motion with
respect to which notice shall be provided by the party moving for default judgment in accordance
with the requirements of Fed. R. Civ. P. 55(b).
Northern District of Oklahoma Page 56 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 59 of 94
LCvR56 – Summary Judgment
LCvR56-1 Summary Judgment Procedure.
(a) Number of Motions. Absent leave of Court, each party may file only one motion under Fed. R. Civ.
P. 56.
(b) Brief in Support. The brief in support of a motion for summary judgment (or partial summary
judgment) shall begin with a section stating the material facts to which the moving party contends
no genuine issue of fact exists. The facts shall be set forth in concise, numbered paragraphs.
(c) Response Brief. The response brief in opposition to a motion for summary judgment (or partial
summary judgment) shall begin with a section responding, by correspondingly numbered
paragraph, to the facts that the movant contends are not in dispute and shall state any fact that is
disputed. All material facts set forth in the statement of the material facts of the movant shall be
deemed admitted for the purpose of summary judgment unless specifically controverted by the
statement of material facts of the opposing party, using the procedures set forth in this rule.
Separately, the brief in opposition may, in concise, numbered paragraphs, state any additional facts
the nonmovant contends preclude judgment as a matter of law.
(d) Reply Brief. In a reply brief, the moving party must respond to the nonmovant’s statement of
additional material facts in the manner prescribed in this rule.
(e) Each individual statement by the movant or nonmovant pursuant to subparagraphs (b), (c), or (d)
of this rule shall be followed by citation, with particularity, to any evidentiary material that the
party presents in support of its position pursuant to Fed. R. Civ. P. 56(c). This citation shall include
reference to the pages (including paragraphs or lines, where applicable) of the evidentiary
materials that are pertinent to the motion.
Northern District of Oklahoma Page 57 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 60 of 94
LCvR58 – Entering Judgment
LCvR58-1 Entry of Judgment.
The Clerk of Court shall not prepare, sign, and enter a judgment unless ordered by the Court.
Northern District of Oklahoma Page 58 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 61 of 94
LCvR62 – Stay of Proceedings to Enforce a Judgment
LCvR62-1 Supersedeas Bonds and Other Security.
(a) Scope of Rule. Whenever a security, bond, or undertaking is required by federal statute, the
Federal Rules of Civil Procedure, or by an order of the Court, and the form or amount thereof is not
otherwise specified in or determined by the statute, rule, or order, the amount and form thereof
shall be as provided by this local rule.
(b) Security for Costs. On its own motion or upon motion of a party in interest, the Court may, at any
time, order any party to give security, bond, or undertaking in such amount as the Court may order
for the payment of costs or for performance of other conditions or requirements imposed in an
action or proceeding.
(c) Corporate Surety. No security, bond, or undertaking with corporate surety shall be accepted or
approved unless: (1) the corporate surety is in compliance with the provisions of 31 U.S.C. §§ 9301-
09, and (2) there is on file with the Clerk of Court a duly authenticated power of attorney
appointing the agents or officers executing such obligation to act on behalf of the corporate surety.
If an agent or officer so appointed is removed, resigns, dies, or becomes disabled, the corporate
surety shall notify the Court, in writing, by filing a Revocation of Power of Attorney.
(d) Cash. In lieu of corporate surety, a party may deposit with the Clerk of Court the required amount
in lawful money. Upon exoneration of the deposit, it may be returned by the Clerk of Court to the
true owner, after application to claims of the United States in the proceedings and to proper fees
of the United States Marshal and Clerk of Court.
(e) Submission to Jurisdiction - Agent for Service of Process. Notwithstanding any provision of a
security instrument to the contrary, every surety or depositor of security is subjected to the
jurisdiction of this Court. The Clerk of Court is irrevocably appointed agent upon whom any papers
affecting the surety’s or depositor’s liability may be served, and consents that liability shall be joint
and several, that judgment may be entered in accordance with the obligation simultaneously with
judgment against the principal, and that execution may thereupon issue against the appropriate
property.
(f) Further Security for Jurisdiction of Personal Sureties. Upon reasonable notice to the party
presenting the security, any other party for whose benefit it is presented may apply to the Court, at
any time, for further or different security or for an order requiring the personal sureties to justify.
(g) Court Officers Not Allowed as Sureties. Unless a party to the action, no clerk, marshal, member of
the bar, or other officer of this Court will be accepted as surety, either directly or indirectly, on any
bond or undertaking in any action or proceeding in this Court.
(h) Real Estate. This Court will not accept real estate as security.
Northern District of Oklahoma Page 59 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 62 of 94
LCvR65 – Injunctions and Restraining Orders
LCvR65-1 Restraining Orders and Preliminary Injunctions.
(a) Motion. A request for temporary restraining order or preliminary injunction shall be requested by
motion filed separately from the complaint.
(b) Proposed Order. A proposed order shall be submitted in compliance with the Procedure for
Submitting Proposed Documents to the Court, available on the Court’s website.
(c) Temporary Restraining Order Information Sheet. A completed TRO Information Sheet (Form CV-
14), available on the Court’s website, should be submitted with the proposed order.
Northern District of Oklahoma Page 60 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 63 of 94
LCvR67 – Deposit into Court
LCvR67-1 Deposit and Withdrawal of Funds in Court.
In any case in which the deposit of funds is governed by Fed. R. Civ. P. 67, the depositor must, before
presenting to the Clerk of Court funds for deposit, obtain from the Court an order directing the Clerk of
Court to invest the funds in an interest-bearing account or instrument. The Clerk of Court shall deposit
all such funds into the Court Registry Investment System (CRIS) as administered by the Administrative
Office of the United States Courts (AOUSC) pursuant to 28 U.S.C. § 2045.
All court orders for the deposit of registry funds shall contain the following provision:
IT IS ORDERED that counsel presenting this order serve a copy thereof on the Clerk of
Court or the Chief Deputy Clerk personally. Absent this service the Clerk of Court is
hereby relieved of any personal liability relative to compliance with this order.
LCvR67-2 Disbursement of Registry Funds.
(a) All checks drawn by the Clerk of Court on deposits made in the registry of the Court shall be made
payable to the order of the payee or payees as the name or names thereof shall appear in the
orders of this Court providing for distribution.
(b) Disbursements from the registry of the Court shall be made as soon as practicable upon receipt of
order for disbursement except in cases where an order is appealable and must be held until the
time for appeal has expired. Proposed orders for disbursement shall be prepared for signature of
the appropriate judge and submitted to the Court in compliance with the Procedure for Submitting
Proposed Documents to the Court , available on the Court’s website. The proposed order for
disbursement shall include the full name, any tax identification number other than social security
number, and mailing address of the payee, with directions for the Clerk of Court to disburse the
principal amount, plus interest, less the applicable registry fee. Where more than one party is to
receive proceeds, the order will designate the apportionment applicable to each party.
Northern District of Oklahoma Page 61 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 64 of 94
LCvR72 – Magistrate Judges: Pretrial Order
LCvR72-1 Magistrate Judges-Automatic Referrals.
Unless ordered otherwise by the presiding judge in a specific case, the Clerk of Court shall automatically
refer the following matters to the magistrate judges, as indicated:
(a) All discovery matters in civil cases (other than prisoner cases) shall be referred to the assigned
magistrate judge.
(b) All social security appeals and bankruptcy appeals shall be referred to the assigned magistrate
judge for all proceedings consistent with the jurisdiction provided by 28 U.S.C. § 636.
(c) All motions to confirm sale shall be referred to the magistrate judge assigned those duties for that
specific year.
(d) All garnishment, asset and writ of execution issues shall be referred to the magistrate judge
assigned those duties for that specific year.
(e) All motions for settlement conference shall be referred to the magistrate judge assigned to oversee
the settlement program.
Northern District of Oklahoma Page 62 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 65 of 94
LCvR73 – Magistrate Judges: Trial by Consent; Appeal
LCvR73-1 Magistrate Judges - Consent Authority.
(a) With the consent of the parties, each full- time magistrate judge appointed by this Court is
specifically designated to exercise the authority and jurisdiction provided by 28 U.S.C. § 636(c) and
Fed. R. Civ. P. 73, to conduct any or all proceedings in a jury or non-jury civil matter and to order
the entry of judgment in the case.
(b) The parties may consent to magistrate judge jurisdiction at any time during the pendency of the
case.
(c) The Consent to a Magistrate Judge for Trial (Form AO-85), available on the Court’s website, shall be
jointly executed by the parties unless one of the parties is a pro se prisoner, in which case separate
consent forms may be submitted. The consent form (s) shall be submitted to the Court in
compliance with the Procedure for Submitting Proposed Documents to the Court, available on the
Court’s website.
Northern District of Oklahoma Page 63 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 66 of 94
LCvR78 – Hearing Motions; Submission on Briefs
LCvR78-1 Oral Arguments.
Oral arguments or hearings on motions or objections will not be conducted unless ordered by the Court.
Northern District of Oklahoma Page 64 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 67 of 94
LCvR81 – Applicability of the Rules in General; Removed Actions
LCvR81-1 Removed Actions - Demand for Jury Trial.
Unless a written jury demand has been filed of record in state court, trial by jury is waived in any case
removed from a state court unless a demand for jury trial is filed and served within the time period
provided under Fed. R. Civ. P. 38 and 81.
LCvR81-2 Removed Actions - Documents to be Filed.
(a) A defendant or defendants who remove a civil case from the state court to this Court shall, in
addition to filing a notice of removal, file a clearly legible copy of all documents filed or served in
the case, along with a copy of the docket sheet of the case.
(b) If any motion remains pending in state court at the time of removal, and if the movant wishes the
District Court to rule on the motion, the party that initially filed the motion must refile the motion
in the District Court case, and attach any responses and replies.
LCvR81-3 Removed Actions - Bankruptcy.
A notice of removal from state court filed pursuant to Fed. R. Bankr. P. 9027 shall be filed with the
bankruptcy clerk. Such removed actions are automatically referred to the Bankruptcy Court pursuant to
LCvR84-1(a)(4).
Northern District of Oklahoma Page 65 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 68 of 94
LCvR84 – Bankruptcy Rules
LCvR84-1 Bankruptcy Cases.
(a) Matters Referred to the Bankruptcy Judges.
(1) Pursuant to 28 U.S.C. § 157(a), all cases under Title 11 of the United States Code and any and
all proceedings arising under Title 11 or arising in or related to a case under Title 11 shall be
and hereby are referred to the bankruptcy judges for this district.
(2) The bankruptcy judges shall hear and determine all cases under Title 11 and all core
proceedings arising under Title 11 or arising in a case under Title 11, and may enter
appropriate orders and judgments, subject to review under 28 U.S.C. § 158; provided,
however, that personal injury tort and wrongful death claims shall be tried in the district court
in accordance with 28 U.S.C. § 157(b)(5).
(3) The bankruptcy judges may hear a proceeding that is not a core proceeding but that is related
to a case under Title 11. Resolution of such matters shall be governed by 28 U.S.C. § 157(c).
(4) All removed claims and causes of action removed from state court pursuant to Fed. R. Bankr.
P. 9027 are hereby referred to the bankruptcy judge assigned to the case to which the
removed action relates. The bankruptcy judge shall hear and determine all such removed
proceedings subject to review and appeal as allowed under 28 U.S.C. §§ 157 and 158 and the
Federal Rules of Bankruptcy Procedure.
(5) The bankruptcy judges shall hear and enter appropriate orders on all motions related to
appeals prior to the entry of the appeal on the docket of the district court or bankruptcy
appellate panel. Orders entered during this period are subject to review or appeal as allowed
under 28 U.S.C. §§ 157 and 158.
(b) Motions for Withdrawal of Reference.
(1) Motions for withdrawal of the reference of a case, proceeding, or contested matter
(collectively, a “proceeding”) shall be timely filed with the bankruptcy clerk, shall be
accompanied by the required filing fee, and shall be governed by Fed. R. Bankr. P. 5011 and
9014. In the motion, the movant shall allege whether the proceeding is a core proceeding
under 28 U.S.C. § 157(b) or a proceeding that is otherwise related to a case under Title 11.
(2) Motions for withdrawal of a bankruptcy case shall be filed and served within fourteen days
after the first meeting of creditors is held in the case. Motions for withdrawal of an adversary
proceeding or a contested matter shall be filed and served at the same time the party filing
such motion files its first pleading responding to claims asserted in the adversary proceeding
or contested matter.
(3) Responses to motions for withdrawal shall be filed with the bankruptcy clerk within fourteen
days from service of the motion. Replies may be filed only with leave of the bankruptcy court.
Northern District of Oklahoma Page 66 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 69 of 94
(4) Within a time period reasonable under the circumstances of the matter, the bankruptcy judge
shall enter an order pursuant to 28 U.S.C. § 157(b)(3), determining whether the proceeding is
a core proceeding or a proceeding that is otherwise related to a case under Title 11 and
forward the order to the district court together with a copy of the record of the proceeding
for which withdrawal is sought.
(c) Appeals. All appeals from final judgments, orders and decrees of bankruptcy judges and, with
appropriate leave, from interlocutory orders and decrees of bankruptcy judges shall be taken in the
manner prescribed by 28 U.S.C. § 158 and Part VIII of the Federal Rules of Bankruptcy Procedure, as
supplemented by the Local Rules of the United States Bankruptcy Court for the Northern District of
Oklahoma.
(d) Transmittal of Records or File by the Bankruptcy Court. The bankruptcy clerk shall transmit the
record or file of a case, proceeding or contested matter (collectively, a “proceeding”) to the Clerk of
Court as follows:
(1) a copy of the record, after the expiration of time for filing objections to the bankruptcy court’s
proposed findings of fact and conclusions of law in non- core “related- to” proceedings
pursuant to Fed. R. Bankr. P. 9033(b);
(2) a copy of the record of the proceeding for which a withdrawal of reference is sought upon the
entry of the order required by LCvR84-1(b)(4);
(3) the file, upon the receipt of an order by a district judge pursuant to 28 U.S.C. § 157 (d)
withdrawing the reference;
(4) the file, upon the filing of a recommendation by a bankruptcy judge that a proceeding is one
in which a personal injury tort or wrongful death claim shall be tried in the district court
pursuant to 28 U.S.C. § 157(b)(5); and
(5) the record, when it is complete for purposes of appeal pursuant to Fed. R. Bankr. P. 8010.
(e) Assignment of District Judges. The Clerk of Court shall assign a district judge to the transmitted
matter or proceeding in accordance with random assignment procedure used in assigning civil
cases unless a prior assignment of a related matter requires assignment of the newly transmitted
matter or proceeding to a particular district judge.
(f) Jury Trials.
(1) In accordance with 28 U.S.C. § 157(e), if the right to a jury trial applies in a proceeding that
may be heard by a bankruptcy judge, each of the bankruptcy judges for this district is hereby
specially designated to exercise such jurisdiction and to conduct such jury trials.
(2) In conducting jury trials, the bankruptcy court shall adhere to the provisions of the Jury Act.
(3) This Court’s Jury Plan, available on the Court’s website, shall govern jury selection in the
bankruptcy court.
Northern District of Oklahoma Page 67 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 70 of 94
(4) Upon request, the Clerk of Court shall supply a sufficient number of jurors to the bankruptcy
court for its scheduled jury trials. Jurors may continue to be utilized by the district court if not
selected or when not serving in the bankruptcy court.
(5) The bankruptcy clerk shall cooperate with the Clerk of Court in the implementation of efficient
and economical juror utilization techniques.
(6) In conducting jury trials, the bankruptcy court shall comply with these local rules as applicable
to civil jury trials. The bankruptcy court may waive such rules for good cause in any civil jury
case, upon due notice, to accommodate expedited scheduling and trial consistent with due
process.
Northern District of Oklahoma Page 68 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 71 of 94
CRIMINAL RULES
Northern District of Oklahoma Page 69 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 72 of 94
LCrR1 – Scope; Definitions
LCrR1-1 United States Magistrate Judges.
(a) General Authorization. Each magistrate judge of this district is specifically designated to perform
any duty allowed by law to be performed by a magistrate judge.
(b) Authorization. Each magistrate judge of this district may try persons accused of misdemeanor
offenses and sentence persons convicted of misdemeanor offenses.
Northern District of Oklahoma Page 70 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 73 of 94
LCrR5 – Initial Appearance
LCrR5-1 Time and Place of Initial Appearance.
Initial appearances will be regularly held before a magistrate judge at 2:00 p.m. any day the Court is
open for business.
LCrR5-2 Initial Interview of Defendant by United States Probation Officers.
(a) Opportunity to Consult with Counsel. A defendant shall be given an opportunity to consult with
counsel before his or her initial interview with the probation officer. The probation officer shall:
(1) advise the defendant of his or her rights, and
(2) advise the defendant that his or her counsel may be present during the initial interview.
(b) Notification of Counsel. It is the responsibility of the probation officer to notify either the
defendant’s retained counsel or the Federal Public Defender of a scheduled initial appearance
before the initial interview.
LCrR5-3 Preparation of the Financial Affidavit.
If the defendant is requesting that counsel be appointed, it is the responsibility of defendant’s counsel
to prepare a Financial Affidavit (Form CJA-23), available on the Court’s website, before commencement
of the initial appearance docket.
LCrR5-4 Appearance on a Summons.
If a summons is issued to a defendant, the defendant shall report in person to the probation office at
9:00 a.m. on the day of the scheduled initial appearance for an interview. Following the interview, the
defendant will be directed to the United States Marshals Service for processing and then released with
instructions to reappear for the scheduled initial appearance.
LCrR5-5 Unsealing Case.
Upon the initial appearance of any defendant in a sealed case, the case shall be unsealed unless the
Court orders the case or certain documents to remain sealed pursuant to a motion by a party.
Northern District of Oklahoma Page 71 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 74 of 94
LCrR6 – The Grand Jury
LCrR6-1 Release of Grand Jury Material to United States Probation Office.
The attorney for the government may, upon the request of the probation office, disclose to the
probation office grand jury matter concerning a defendant for whom the Court has ordered the
probation office to prepare a presentence investigation report. The probation office shall not use grand
jury matter for any purpose other than preparation of a presentence report. The probation office shall
not disclose grand jury matter except to the defendant’s attorney in connection with the presentence
investigation and in the presentence report. The attorney for the defendant shall not disclose grand jury
matter except to the defendant and in connection with the sentencing proceeding.
Northern District of Oklahoma Page 72 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 75 of 94
LCrR7 – The Indictment and the Information
LCrR7-1 Complaints, Informations, and Indictments.
The attorney for the government shall comply with the Procedure for Criminal Charging Documents,
available on the Court’s website.
LCrR7-2 Related Case Notices.
(a) Notification of Related Cases. Upon filing a complaint, information, or indictment related to or
arising out of the same transaction or investigation as a previous civil or criminal case, the
government shall file a notice of related cases, in both the previous and new cases, describing the
relationship between the cases and setting forth the style and case numbers of the related cases.
(b) Assignment of Related Cases. Upon the filing of the notice, the judges will determine whether the
pending cases should be transferred to conserve judicial time and efficiency.
Northern District of Oklahoma Page 73 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 76 of 94
LCrR10 – Arraignment
LCrR10-1 Waiver of Appearance.
A defendant desiring to waive his or her appearance for arraignment under Fed. R. Crim. P. 10(b) shall
file a Waiver of Appearance at Arraignment (Form CR-15), available on the Court’s website, at least
three business days before the scheduled arraignment.
Northern District of Oklahoma Page 74 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 77 of 94
LCrR11 – Pleas
LCrR11-1 Plea Agreements.
(a) Counsel for the government shall provide the plea agreement, and any associated criminal charging
Information, to the Court, in compliance with the Procedure for Submitting Criminal Plea-Related
Documents to the Court, available on the Court’s website, and to counsel for the defendant at least
three business days before the change-of-plea hearing.
(b) Absent good cause, if the plea agreement contemplates a superseding criminal Information, that
Information must be filed, and counsel for the government must provide a copy of the superseding
criminal Information to the Court, in compliance with the Procedure for Submitting Criminal Plea-
Related Documents to the Court, available on the Court’s website, at least three business days
before the change-of-plea hearing.
LCrR11-2 Notification of a Change of Plea.
The parties must notify the Court of a change of plea sufficiently in advance of trial to avoid assembling
a jury panel unnecessarily.
LCrR11-3 Petition to Enter a Plea of Guilty.
Counsel for the defendant shall complete a Petition to Enter Plea of Guilty (Form CR-05), available on
the Court’s website. The completed but unsigned petition shall be provided to the Court, in compliance
with the Procedure for Submitting Criminal Plea-Related Documents to the Court, available on the
Court’s website, and to counsel for the government at least three business days before the change-of-
plea hearing.
LCrR11-4 Deferring Acceptance or Rejection of Plea Agreements.
The Court may defer a decision whether to accept the plea agreement until the Court has reviewed the
presentence report, even where the Court has accepted the guilty plea. For a plea agreement pursuant
to Fed. R. Crim. P 11(c)(1)(C), the Court may accept or reject the agreement, or defer the decision, but if
the Court accepts the agreement, the presentence report shall be prepared consistent with the
stipulations and the agreed range or sentence contained in the Rule 11(c)(1)(C) plea agreement.
LCrR11-5 Plea Supplements.
Every plea agreement shall be accompanied by a sealed document titled “Plea Supplement,” the
contents of which shall be limited to describing any agreement for cooperation. The plea supplement
will be electronically filed under seal and shall be filed in all cases regardless of whether a cooperation
agreement exists.
Northern District of Oklahoma Page 75 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 78 of 94
LCrR12.2 – Notice of an Insanity Defense; Mental Examination
LCrR12.2-1 Competency.
In any criminal proceeding in which a question of competency arises, and in which a competency
examination and determination is being requested pursuant to Fed. R. Crim. P. 12.2 (c) (1) (A), the
attorney shall file a “Motion for Determination of Competency.” The motion shall remain pending for
docketing purposes until the issue of mental competency is finally adjudicated, including during any
periods of attempted restoration to competency.
LCrR12.2-2 Insanity or Other Mental Condition.
In any criminal proceeding in which a mental examination is being requested pursuant to Fed. R. Crim. P.
12.2 (c) (1) (B), the attorney shall file an appropriate motion. The motion shall remain pending for
docketing purposes until the report is filed of record in the case.
Northern District of Oklahoma Page 76 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 79 of 94
LCrR16 – Discovery and Inspection
LCrR16-1 Disclosure of Evidence.
The Court expects the parties will complete discovery in compliance with Fed. R. Crim. P. 16. At the
initial appearance in every criminal case, the government shall announce the status of its discovery
production. The parties need not file discovery motions unless disputes arise. The Court shall not hear
any such motions unless counsel for the movant certifies in writing to the Court that the attorneys for
the parties have conferred in good faith and have been unable to resolve the dispute.
LCrR16-2 Expert-Witness Disclosures.
Unless otherwise ordered by the Court, expert-witness disclosures that must be made under Fed. R.
Crim. P. 16(a)(1)(G) or (b)(1)(C) shall be made at least fifteen days before the pretrial conference. The
party requesting expert-witness disclosures shall make timely requests for expert-witness disclosures to
facilitate the opposing party’s compliance with the applicable disclosure deadline. Disclosures in
response to requests made fewer than twenty-one days before the pretrial conference shall be made
within six days of the request.
Northern District of Oklahoma Page 77 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 80 of 94
LCrR17 – Subpoena
LCrR17-1 Subpoena to Testify at a Hearing or Trial in a Criminal Case (Form AO-89).
(a) No Motion Required. A witness subpoena returnable at the time of trial or other hearing may
generally be issued by the Clerk of Court, in accordance with Fed. R. Crim. P. 17(a), except as
provided in LCrR17-1(b)-(d).
(b) Motion Required – Unable to Pay. If a defendant is unable to pay witness fees, the defendant
must file a sealed ex parte motion, in accordance with Fed. R. Crim. P. 17(b). A motion under this
section shall be entitled:
(1) “Sealed Ex Parte Motion for Witness Subpoena.”
(c) Motion Required - Victim Records. If the subpoena requests the witness to bring personal or
confidential records about a victim, a party must file a motion stating that victim notice has been
provided; requesting authority to provide victim notice; or setting forth exceptional circumstances
that justify foregoing victim notification, in accordance with Fed. R. Crim. P. 17(c)(3). If a defendant
is unable to pay witness fees, the motion may also request fees. A motion under this section shall
be entitled:
(1) “Motion for Witness Subpoena – Victim Records”; or
(2) “Sealed Ex Parte Motion for Witness Subpoena – Victim Records.”
(d) Attachments to the Motion. The movant must attach to the motion:
(1) The proposed subpoena; and
(2) A proposed order. The proposed order shall also be submitted to the Court in compliance with
the Procedure for Submitting Proposed Documents to the Court, available on the Court’s
website.
(e) Referral. Unless otherwise ordered by the presiding judge, the Clerk of Court shall refer all motions
under LCrR17-1 to the magistrate judges.
(f) Additional Requirements. Motions under this rule are subject to the procedures, limitations, and
requirements set forth in the Procedure for Criminal Subpoenas, available on the Court’s website.
LCrR17-2 Subpoena to Produce Documents, Information, or Objects in a Criminal Case (Form
AO-89B).
(a) Motion Required. A motion shall be filed by any party seeking the issuance of a subpoena that
orders the production of books, papers, documents, data, or other objects at a date, time, or place
other than the date, time, or place of the trial, hearing, or proceeding at which they will be offered
in evidence, in accordance with Fed. R. Crim. P. 17(c). If a defendant is unable to pay witness fees,
the motion may also request fees. A motion under this section shall be entitled:
(1) “Motion for Document Subpoena”;
Northern District of Oklahoma Page 78 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 81 of 94
(2) “Sealed Ex Parte Motion for Document Subpoena”;
(3) “Motion for Document Subpoena – Victim Records”; or
(4) “Sealed Ex Parte Motion for Document Subpoena – Victim Records.”
(b) Attachments to the Motion. The movant must attach to the motion:
(1) The proposed subpoena; and
(2) A proposed order. The proposed order shall also be submitted to the Court in compliance with
the Procedure for Submitting Proposed Documents to the Court, available on the Court’s
website.
(c) Referral. Unless otherwise ordered by the presiding judge, the Clerk of Court shall refer all motions
under LCrR17-2 to the magistrate judges.
(d) Additional Requirements. Motions under this rule are subject to the procedures, limitations, and
requirements set forth in the Procedure for Criminal Subpoenas, available on the Court’s website.
Northern District of Oklahoma Page 79 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 82 of 94
LCrR17.1 – Pretrial Conference
LCrR17.1-1 Stipulations and Exhibits.
Before or during the pretrial conference, the parties should make stipulations as to the undisputed facts,
the authenticity of documents, and the admissibility of exhibits, so long as the stipulations are
consistent with the applicable Federal Rules of Criminal Procedure and do not violate or jeopardize the
constitutional rights of the defendant. Each instrument, or each copy of such instrument (if the parties
have agreed to a copy) that the parties anticipate will be offered into evidence should be marked with
an exhibit number and case number before the trial.
Northern District of Oklahoma Page 80 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 83 of 94
LCrR23 – Jury or Nonjury Trial
LCrR23-1 Trial Rules.
Parties shall review the Court’s website for any specific Courtroom Rules published by a judge of this
Court.
LCrR23-2 Use of Exhibits at Trial.
(a) Exhibit List. At the beginning of trial, counsel shall provide copies of a typewritten Exhibit List for
Trial/Hearing (Form CV-16a), available on the Court’s website, listing the exhibits they plan to
introduce, designated by trial exhibit numbers, in compliance with the Procedure for Submitting
Witness and Exhibit Lists to the Court, also available on the Court’s website, so long as providing
the list is consistent with the applicable Federal Rules of Criminal Procedure and does not violate or
jeopardize the constitutional rights of the defendant.
(b) Exhibits. Each exhibit anticipated to be offered into evidence should be marked with an exhibit
number and case number before trial.
(c) Withdrawal. Unless otherwise ordered by the Court, all exhibits introduced in evidence in the trial
of the case shall be withdrawn at the close of trial and remain in the custody of the party
introducing the evidence. The Court may order the party introducing exhibits which are bulky,
heavy, firearms, or controlled substances to retain custody of such exhibits during the trial. Any
such order shall provide for preservation of the exhibit as justice may require.
(d) Photographs for Appeal. Exhibits, diagrams, charts, and drawings may, under the supervision of
the Court, be photographed for use on appeal or otherwise.
LCrR23-3 Witness List.
At the beginning of the trial, counsel shall provide copies of a typewritten Witness List for Trial/Hearing
(Form CV-15a), available on the Court’s website, listing the witnesses they expect to call, including
known rebuttal witnesses, in the order they are expected to be called, in compliance with the Procedure
for Submitting Witness and Exhibit Lists to the Court, also available on the Court’s website, so long as
providing the list is consistent with the applicable Federal Rules of Criminal Procedure and does not
violate or jeopardize the constitutional rights of the defendant.
LCrR23-4 Transcription of Video and Audio Recordings.
In any trial in which counsel presents as evidence a video or audio recording, counsel may waive
reporting and transcription of the audio portion of the recording. Regardless of whether counsel waives
reporting, counsel shall be required to clearly identify on the record with specificity which portion(s) of
the recording have been played (e.g., by counter number or time sequence), and to provide any special
equipment needed for playing the recording, if necessary.
Northern District of Oklahoma Page 81 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 84 of 94
LCrR32 – Sentencing and Judgment
LCrR32-1 Scheduling of Sentencing.
Sentencing proceedings shall be scheduled no earlier than ninety days following entry of a guilty plea or
jury verdict, unless otherwise ordered by the Court upon consent of the parties.
LCrR32-2 Notice and Opportunity for Defendant’s Attorney to Attend Presentence Interview.
The probation officer must give the defendant’s attorney notice and a reasonable opportunity to attend
the interview. If repeated attempts to schedule the interview fail or should defense counsel elect not to
participate, the probation officer may interview the defendant without counsel present with
defendant’s documented consent.
LCrR32-3 Disclosure of Presentence Report to Counsel.
The probation officer shall disclose the presentence report to the defendant, counsel for the defendant,
and the government by email or physical delivery, at least thirty-five days before the date set for
sentencing.
LCrR32-4 Objection to Presentence Report.
Within fourteen days of receiving the report, the parties must communicate with the probation officer,
by email, telephone, or letter, regarding any material correction or objection to the report. If the
probation officer rejects the proposed revisions, the probation officer shall inform both parties of the
officer’s stance as soon as possible. The party must then file any objection of record at least fourteen
days before the date set for sentencing. The filing shall include the basis for the proposed change(s) and,
if applicable, authority in support of legal positions advanced. At least seven days before the date set for
sentencing, the probation officer will submit a revised report and/or an addendum to the parties and
the Court, responding to all filed objections.
LCrR32-5 Sentencing-Related Filings.
Motions for departure or variance must be filed at least fourteen days before sentencing, and must
state the requested degree of relief and the reason for the requested relief. If a party requests both a
departure and variance, it shall file a separate motion for each. Written responses must be filed at least
seven days before the date set for sentencing and state all bases for any objections to the requested
relief.
If a party elects to file a separate sentencing memorandum, that memorandum must be filed at least
fourteen days before the date set for sentencing. If a party elects to respond to such a memorandum,
that response must be filed at least seven days before the date set for sentencing. Motions for variance
or departure must be filed separately; the Court will not consider requests for variance or departure
contained within sentencing memoranda.
Northern District of Oklahoma Page 82 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 85 of 94
LCrR32-6 Party’s Duty to Disclose Sentencing-Related Materials.
A party who submits any sentencing- related material to the United States Probation Office shall
contemporaneously provide a copy of the material to opposing counsel.
LCrR32-7 Disclosure of Sentencing Recommendation.
The United States Probation Office shall disclose the sentencing recommendations to the Court at least
seven days before the date set for sentencing. The recommendation shall not be disclosed to the
parties.
LCrR32-8 Requesting Presentence Report Before Guilty Plea.
A motion for a presentence report before a defendant has entered a plea of guilty or nolo contendere
will be granted only for exceptional circumstances and shall state all bases for the motion, state the
position of the government, include a copy of any proposed plea agreement, and contain a waiver of the
defendant’s right to a speedy trial.
LCrR32-9 Correspondence.
All written correspondence to the Court for consideration in sentencing shall be directed to the United
States Probation Office, which will provide copies to the Court, and to counsel unless the Court orders
otherwise.
Any written correspondence sent directly to the Court pertaining to a defendant pending sentencing will
be forwarded to the United States Probation Office and provided to counsel before sentencing, unless
the Court orders otherwise.
Correspondence pertaining to a defendant’s sentencing shall be treated in the same manner as the
presentence report, and shall not be released to third parties unless the Court orders otherwise.
LCrR32-10 Confidentiality and Disclosure of Presentence Reports.
The presentence report contains confidential and personal information. The United States Probation
Office is responsible for maintaining confidentiality of the report. For security purposes, presentence
reports may not be disseminated to incarcerated defendants. The United States Probation Office may
only disclose the presentence report to:
(1) the Court and counsel for the respective parties for use in the case and any appeal;
(2) the United States Sentencing Commission;
(3) the Federal Bureau of Prisons;
(4) the United States Court of Appeals; and
(5) other federal or state probation offices preparing a presentence report for the same person.
Any other disclosure is prohibited unless authorized by the Court.
Northern District of Oklahoma Page 83 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 86 of 94
LCrR32.1 – Revoking or Modifying Probation or Supervised Release
LCrR32.1-1 Revocations.
The Clerk of Court should file under seal any petition and order for warrant or summons for a violation
of pretrial release, probation, or post- conviction supervised release and shall seal the subsequent
warrant or summons issued. Upon execution of the warrant or summons, the United States Marshals
Service and/or the United States Probation Office shall disclose the petition and order for warrant or
summons to the defendant and counsel for the defendant. Following the initial appearance, the
magistrate judge shall advise the Clerk’s office and they shall unseal the petition and order and the
issued warrant or summons.
Northern District of Oklahoma Page 84 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 87 of 94
LCrR41 – Search and Seizure
LCrR41-1 Sealing of Warrants and Related Documents.
Applications for search and seizure and tracking device warrants, affidavits in support of such
applications, and warrants shall be filed under seal. Upon return of the warrant, the application,
affidavit(s), inventory, and warrant shall be unsealed unless, on the government’s motion, the Court
orders them to remain under seal.
Northern District of Oklahoma Page 85 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 88 of 94
LCrR47 – Motions and Supporting Affidavits
LCrR47-1 Motions in Writing.
Motions shall be in writing and state with particularity the grounds therefor and the relief or order
sought. All motions and responses thereto must be accompanied by a concise brief citing all authorities
upon which the movant or respondent relies.
LCrR47-2 Timing of Motions.
In cases when counsel for defendant has made an appearance of record, notice may be sent by the Clerk
of Court, setting a time for the filing of motions and responses thereto. Unless ordered otherwise, all
motions shall be filed within fourteen days after defendant’s arraignment. Responses shall be filed
within seven days of the motion’s filing. After the time for a response has passed, the Court may
consider the motion ripe for ruling, even if no response has been filed.
LCrR47-3 Proposed Order.
A proposed order granting the requested relief shall be submitted in compliance with the Procedure for
Submitting Proposed Documents to the Court, available on the Court’s website.
LCrR47-4 Statement of Objection.
A motion must state on the first page whether it is opposed. If opposed, the motion must recite
whether concurrence was refused or explain why concurrence could not be obtained. A motion that fails
to recite concurrence of each party may be summarily denied.
LCrR47-5 Length of Motion and Brief.
(a) No brief shall be submitted that exceeds twenty-five pages without leave of Court. Motions for
leave to file a brief exceeding twenty-five pages shall state the requested number of pages and
shall be filed at least one day before the date the brief is due.
(b) Briefs exceeding fifteen pages shall be accompanied by an indexed table of statutes, rules,
ordinances, cases, and other authorities cited.
LCrR47-6 Motions for Extensions of Time and Continuances.
Motions and proposed orders to continue the trial date must address with particularity 18 U.S.C. § 3161
(h).
LCrR47-7 Motions to Reconsider or Overrule Actions Taken by District Judges or Magistrate
Judges in Connection with Ex Parte Applications.
Once a motion or application has been presented and an order has been entered by a district judge or
magistrate judge, a request to reconsider or overrule that determination shall be presented to the
district judge or magistrate judge entering the order, if available. If presented to a different district
judge or magistrate judge, the movant or applicant shall report the action taken by the district judge or
magistrate judge to whom it was previously submitted. This local rule is intended to apply to matters
Northern District of Oklahoma Page 86 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 89 of 94
typically submitted without a case being filed, such as applications for search warrants, wiretaps, and
pen registers. This local rule does not provide a means to appeal an order entered in a case, nor is it
intended to apply where a case is transferred from one district judge to another and a motion to
reconsider a prior ruling is made.
LCrR47-8 Motions for Evidentiary Hearing.
A party requesting an evidentiary hearing in connection with a motion shall state the factual and legal
bases for the request in the motion or response, state whether each party agrees to or opposes the
request, and estimate the length of time the requested evidentiary hearing would take.
LCrR47-9 Motions Regarding Modification of Conditions or Early Termination of Supervision.
A motion requesting modification of conditions of pretrial release, probation, or supervised release, or a
request for early termination of probation or supervised release must state the position of the United
States Probation Office.
LCrR47-10 Joinder of Co-Defendant’s Motion.
A co-defendant who seeks to join a specific motion previously filed by a co-defendant must file a joinder
in motion.
Northern District of Oklahoma Page 87 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 90 of 94
LCrR55 – Records
LCrR55-1 Probation Office Official Record.
All documents acquired or prepared by the United States Probation Office and material to the
performance of its duties shall be scanned into the Probation/Pretrial Services Automated Case Tracking
System (PACTS). The document shall be imaged and uploaded into PACTS and the original document
destroyed consistent with quality control measures as approved by the Judicial Conference of the
United States. The imaged document shall thereafter be the official record and document for all
purposes of the Court.
Northern District of Oklahoma Page 88 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 91 of 94
LCrR57 – District Court Rules
LCrR57-1 Release of Information by Courthouse Personnel.
All court-related personnel, including the Clerk’s Office, Chambers staff, United States Marshal’s Office,
Court Reporters, and Court Security Officers shall not release any information pertaining to a criminal
case that is not part of the public records of the Court or divulge any information concerning
proceedings held outside the presence of the public. Court officers will not voluntarily testify before a
Grand Jury or in any court proceeding without the express approval of the judge presiding over the
matter.
LCrR57-2 Release of Information by Attorneys.
(a) Release of Information or Opinions. It is the duty of the lawyers or law firm not to release or
authorize the release of information or opinions which a reasonable person would expect to be
disseminated by any means of public communication, in connection with pending or imminent
criminal litigation with which a lawyer or law firm is associated, if there is a reasonable likelihood
that such dissemination will interfere with a fair trial or otherwise prejudice the due administration
of justice.
(b) Extrajudicial Statements During Investigation. With respect to a grand jury or other pending
investigation, a lawyer participating in or associated with the investigation shall refrain from
making any extrajudicial statement which a reasonable person would expect to be disseminated,
by any means of public communication, that goes beyond the public record or that is not necessary
to inform the public that the investigation is underway, to describe the general scope of the
investigation, to obtain assistance in the apprehension of a suspect, to warn the public of any
dangers, or otherwise to aid in the investigation.
(c) Extrajudicial Statements After Investigation. From the time of arrest, issuance of an arrest
warrant, or the filing of a complaint, information, or indictment until the commencement of trial or
disposition without trial, a lawyer or law firm associated with the prosecution or defense shall not
release or authorize the release of any extrajudicial statement which a reasonable person would
expect to be disseminated by any means of public communication, relating to that matter and
concerning:
(1) The prior criminal record (including arrests, indictments, or other charges of crime), or the
character or reputation of the accused, except that the lawyer or law firm may make a factual
statement of the accused’s name, age, residence, occupation, and family status and, if the
accused has not been apprehended, a lawyer associated with the prosecution may release any
information necessary to aid in his or her apprehension or to warn the public of any dangers
he or she may present;
(2) The existence or contents of any confession, admission, or statement given by the accused, or
the refusal or failure of the accused to make any statement;
(3) The performance of any examinations or tests or the accused’s refusal or failure to submit to
an examination or test;
Northern District of Oklahoma Page 89 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 92 of 94
(4) The identity, testimony, or credibility of prospective witnesses, except that the lawyer or law
firm may announce the identity of the victim if the announcement is not otherwise prohibited
by law;
(5) The possibility of a plea of guilty to the offense charged or a lesser offense;
(6) Any opinion as to the accused’s guilt or innocence or as to the merits of the case or the
evidence in the case.
(d) Statements Permitted. The foregoing shall not be construed to preclude the lawyer or law firm
during this period, in the proper discharge of the lawyer’s or law firm’s official or professional
obligations, from announcing the fact and circumstances of arrest (including time and place of
arrest, resistance, pursuit, and use of weapons), the identity of the investigating and arresting
officer or agency, and the length of the investigation; from making an announcement, at the time
of seizure of any physical evidence other than a confession, admission or statement, which is
limited to a description of the evidence seized; from disclosing the nature, substance, or text of the
charge, including a brief description of the offense charged; from quoting or referring without
comment to public records of the court in the case; from announcing the scheduling or result of
any stage in the judicial process; from requesting assistance in obtaining evidence; or from
announcing without further comment that the accused denies the charges made against him or
her.
(e) Extrajudicial Statements During Trial. During a jury trial, including the period of selection of the
jury, no lawyer or law firm associated with the prosecution or defense shall give or authorize any
extrajudicial statement or interview relating to the trial or the parties or issues in the trial, which a
reasonable person would expect to be disseminated by means of public communication, if there is
a reasonable likelihood that such dissemination will interfere with a fair trial, except that the
lawyer or law firm may quote from or refer without comment to public records of the court in the
case.
(f) Special Situations. Nothing in this local rule is intended to preclude the formulation or application
of more restrictive rules relating to the release of information about juvenile or other offenders, to
preclude the holding of hearings or the lawful issuance of reports by legislative, administrative, or
investigative bodies, or to preclude any lawyer from replying to charges of misconduct that are
publicly made against him or her.
LCrR57-3 Release of Information by and Testimony of Probation Officer.
(a) Confidential Records. Records of the court, to include pretrial services, presentence, probation
reports, records, and correspondence are maintained by the United States Probation Office as
custodian of the court record and, unless otherwise excepted, may be disclosed only upon a
written request to the Court which establishes a need for the specific information. Excepted
reasons for disclosure without permission from the Court include routine disclosure of
demographic and collateral contact information to other law enforcement agencies for
investigative purposes, as well as the disclosure of presentence reports in accordance with LCrR32-
10.
Northern District of Oklahoma Page 90 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 93 of 94
(b) Release of Information and Witness Appearance. Except for testimony related to release or
detention pursuant to 18 U.S.C. § 3142, or testimony concerning orders on release, probation, or
supervised release, no current or former probation officer shall respond to any request for
information or for witness appearance and testimony as to any matters arising out of the
performance of their official duties unless approved in advance by the Court. Unless excepted as
described herein, any request for information or appearance and testimony may be granted upon
written request to the Court which establishes a need for the information or testimony. Any
request for information or appearance and testimony shall follow the procedures established by
the Director of the Administrative Office of the United States Courts and approved by the Judicial
Conference of the United States, as set out in Testimony of Judiciary Personnel and Production of
Judiciary Records in Legal Proceedings, modified in one respect as follows: the presiding judge, not
the Chief Probation Officer, shall determine the proper response to a request for information or
testimony.
LCrR57-4 Plan for Implementing the Criminal Justice Act (18 U.S.C. § 3006A).
Pursuant to 18 U.S.C. § 3006A, this Court’s Criminal Justice Plan (CJA Plan) is available on the Court’s
website.
Northern District of Oklahoma Page 91 of 92
Local Rules Effective Date: 4/21/2023
Case 4:23-go-00001-JFH Document 3 Filed in USDC ND/OK on 04/21/23 Page 94 of 94
LCrR58 – Petty Offenses and Other Misdemeanors
LCrR58-1 Forfeiture of Collateral.
As provided in Fed. R. Crim. P. 58(d)(1), a person who is charged with a petty offense as defined in 18
U.S.C. § 19, may, in lieu of appearance, post collateral with the Central Violations Bureau
(www.cvb.uscourts.gov) in the fixed or maximum amount indicated for the offense, and consent to
forfeiture of collateral in order to end the case. The fixed or maximum amounts for which collateral may
be posted for various offenses are published in the Code of Federal Regulations, and are typically stated
on the violation notice (the charge).
Northern District of Oklahoma Page 92 of 92
Local Rules Effective Date: 4/21/2023
