The Law Mind

Northern District of West Virginia

N.D.W. Va. — local rules, ECF filing procedures, and judges’ standing orders, readable in full.

Civil Rules (102)
1 Scope
1.01 Applicability
2 Prisoner Cases Assigned to Magistrate Judges
3 Pro Se Prisoner Petitions. Applications, Motions and Complaints are
3.1 Generally
3.2 Applications to Proceed In Forma Pauperis
3.3 Obtaining Copies of the Local Rules of Prisoner Litigation
3.4 Use of the Court-Approved Forms
4 Filing Pro Se Prisoner Petitions, Applications, Motions and
4.01 Waiver of Service
5 Notice of Deficient Pleading
5.01 Discovery
5.02 Definitions Related to Fax Transactions and CM/ECF
5.03 Applicability of Fax Transmissions and Electronic Filings
5.04 General Provisions for Filing by Fax
5.05 Filing and Service of Documents in Civil Actions by Fax
5.06 General
5.07 Video
5.08 E-Government Act
5.09 Computing and Extending Time
6 Current Mailing Address
6.01 Documents Not Available to the Public
7 Discovery
7.01 Stipulations
7.02 Motion Practice
7.10 Disclosure Statement
7.20 Disclosure Statement in a Diversity Action
8 Prisoners May Not Utilize This Court’s CM/ECF System
9 Court Personnel Cannot Provide Legal Advice
9.01 Complaints Filed Pursuant to Social Security Act
9.02 Social Security Appeals
10 Procedures for Cases Where a Prisoner is Represented by Counsel
11 Motions Practice and Court Deadlines
12 Objections to a Magistrate Judge’s Recommended Disposition
12.01 Extensions of Answer Date
12.02 Motions to Dismiss
13 Filing of Pleadings or Papers Not Authorized by the Rules
14 Filing Fee for Appeals
15 Sanctions
15.01 Motions to Amend
16 Filing Fee
16.01 Scheduling Conferences
16.02 Case Management Conferences in Complex Cases
16.03 Pretrial Conferences in Non-Complex Cases
16.04 Final Conferences; Pretrial Order
16.05 Authority Regarding Stipulations, Agreements, and Admissions
16.06 Mediation
17 Applications by Prisoners to Proceed In Forma Pauperis in § 2254
18 Separate Petitions are Required for Judgments Entered by Different
19 No Responses Required Without Court Order
20 Filing a Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. §
21 Filing a Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. §
22 Filing a Motion to Vacate or Modify Sentence Pursuant to 28 U.S.C. §
23 Appeals
24 Filing Fee for Civil Causes of Action
25 Applications by Prisoners to Proceed In Forma Pauperis in Civil
26.01 Control of Discovery
26.02 Uniform Definitions in Discovery Requests
26.03 Inspection of Documents and Copying Expense
26.04 Discovery Disputes
26.05 Protective Orders and Sealed Documents
26.06 Discovery of Electronically Stored Information
27 Service of the Complaint
28 Consent to Trial by Magistrate Judge
29 Appeals from an Adverse Decision in a Civil Action
30 Filing a Pro Se State Civil Rights Complaint Pursuant to 42 U.S.C. §
31 Filing a Pro Se Federal Civil Rights Complaint Pursuant to Bivens v
32 Filing a Pro Se Complaint Pursuant to the Federal Tort Claims Act
33 Filing a Pro Se Complaint Pursuant to Any Statutory Authority Not
33.01 Interrogatories
34.01 Document Production
36.01 Admissions
37.01 Failure to Make Disclosures or to Cooperate in Discovery;
37.02 Motions to Compel
41.01 Dismissal of Actions
47.01 Contact with Jurors
47.01 Trial Juries
54.01 Fees and Costs
58.01 Entry of Judgments and Orders
65.01 Approval of Bonds by the Clerk of Court
72.01 Authority of Magistrate Judges
72.02 Effect of Magistrate Judge Ruling Pending Objection
77.01 Principal Office of Clerk of Court
77.02 Points of Holding Court
77.03 Sessions
78.01 Hearings on Motions
79.01 Exhibits
79.02 Removal of Papers from Custody of Clerk of Court
83.01 Permanent Members of Bar of Court
83.02 Visiting Attorneys
83.03 Representation of Parties and Pro Se Appearances
83.04 Legal Assistance by Law Students
84.01 Ethical Considerations
84.02 Bias and Prejudice
84.03 Addressing the Court; Examination of Witnesses
84.04 Pro Se Litigants
85.01 Photography in and Broadcasting from Courtroom
85.02 Impoundment of Equipment
85.03 Electronic Equipment in the Courthouse
88.01 Scheduling Conflicts
88.02 Requests for Continuance
89.01 Departures from Local Rules
Criminal Rules (23)
1.01 Applicability
2.01 Grand Jury
10.01 Duties of the Magistrate Judge
16.01 Pretrial Discovery and Inspection
16.02 Declination of Disclosure
16.03 Additional Discovery or Inspection
16.04 Additional Evidence
16.05 Exculpatory Evidence
16.06 Rule 404(b), Giglio and Roviaro Evidence
16.07 List of Witnesses
16.08 List of Trial Exhibits
16.09 Protective and Modifying Orders
16.10 Failure to Comply With Discovery
16.11 Continuing Disclosure
16.12 Effect of Disclosure by the Government
24.01 Motions in Limine, Jury Instructions and Voir Dire
32.01 Disclosure of Presentence Reports
32.02 Disclosure of Records or Testimony
43.01 Matters That May Be Conducted by Videoconference
45.01 Deadlines
47.01 Motions
50.01 Continuances
58.01 Forfeiture of Collateral
Electronic Filing (ECF) Procedures
Electronic Case Filing Procedures
District Forms (52)
Abstract of Execution
Abstract of Judgement
Application for Admission Pro Hac Vice and Order
Application for Refund of Fees Paid Electronically
Bill of Costs
Certificate of Service
Certification of Eligibility for Admission
Civil Corporate Disclosure Statement
Complaint for Review of the Decision of the Comm. of Soc. Sec.
Complaint for Review of the Decision of The Commissioner of Social Security
Criminal Corporate Disclosure Statement
Criminal Justice Plan for the Northern District of West Virginia
DOJ Attorney Application for Admission Pro Hac Vice and Order
ECF Registration Form for Attorneys
Government Corporate Disclosure Statement
IFP Affidavit
Local Rules
Motion under 28 U.S.C. ' 2255 to Vacate, Set Aside ir Correct a Sentence by a Person in Federal Custody
Multidistrict Litigation Notice of Attorney Appearance and Counsel Contact Form
Non-Prisoner General Civil Complaint form
Notice of a Lawsuit and Request to Waive Service of a Summons
Notice of Appeal - (Generic) Civil
Notice of Attorney Appearance and Counsel Contact Form
Notice of Change of Address and/or Other Contact Information For Pro Se Litigants
Notice of Intent to Request Redaction
Other Pro Se Prisoner Form Packet
Petition and Affidavit to Pay Without Prepayment of Fees (IFP)
Petition for Writ of Habeas Corpus by a Person in Federal Custody - 28 U.S.C. ' 2241
Prisoner Complaint Package-Instructions and Forms for Filing a Civil Rights Complaint under 42 U.S.C. ' 1983
Pro Se Packet
Pro Se Prisoner Bivens Federal Civil Rights Complaint Forms Packet
Pro Se Prisoner Federal Tort Claim Act (FTCA) Forms Packet
Redaction Request
Report of Mediator
Sample Protective Order
Standard Probation and Supervised Release Conditions Effective November 29, 2016
State Habeas Corpus Package - 28 U.S.C. ' 2254
Subpoena in a Criminal Case
Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action (Rev. 12/13)
Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Rev. 12/13
Subpoena to Testify at a Deposition in a Civil Action (Rev. 12/13)
Suggestee Execution
Summons in a Civil Case
Summons on a Third Party Complaint
The Jury Plan for the Northern District of West Virginia
Transcript Order Form
Waiver - Videoconferencing
Waiver of Service of Summons
Writ of Execution
Writ of Possession
JS-44JS-44 Civil Cover Sheet
AO 458Notice of Appearance - AO 458
National (AO) forms used in every district are searchable too — try “AO 440” or “subpoena to testify at a deposition” in Search.
Tip: everything on this page is also retrievable in Search (“N.D.W. Va. LR 7.1”) and cited by Ask.