MINUTES OF THE .JUDICIAL COUNCIL
OF THE TENTH CIRClJIT
July 23.2008
On this date, the Judicial Council approved changes to the following Local
Rules of thc U.S. District Court for the District of Wyoming, as submitted to the
court on July 3, 2008 and July 21, 2008:
Civil Rules 5.1,16.1,26.1,83.7.2.83.12.2. and 83.12.3.
The effective date of the new rules remains July I, 2008.
The Judicial Council
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By: l_AV'A:_// ~cK-------~
Victoria M. Parks
Deputy Circuit Executive
for David Tighe
Circuit Executive and Secretary to the
Judicial Council of the Tenth Circuit
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United States Courts for the Tenth Circuit
Office of the Circuit Executive
1823 Stout Street
Denver, Colorado 80257
(303) 844-2067
David Tighe Victoria M. Parks
Circuit Executive Deputy Circuit Executive
(303) 335-2829 (303) 335-2630
July 30, 2008
E"TV-ED
Maggie Botkins Dla'fRICT OF WYOMING
Chief Deputy Clerk
US District Court, District of Wyoming AUlj -5 200B
2120 Capitol Avenue, Room 2141
Cheyenne, WY 82001 CLERK
Re: Appr.oval of Changes to Local Rules
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Dear MjJr:Jilis:
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Attached is a copy of the Judicial Council's order approving the changes to the
Local Rules for the District of Wyoming. Please let me know if you have any
questions.
Sincerely,
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~)ria M. Par s
Deputy Circuit Executive
cc: Honorable William F. Downes, Chief Judge
Stephan Harris, Clerk
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING
IN THE MATTER OF ADOPTION OF )
Stephan Harris, Clerk
) ss Cheyenne
AMENDED LOCAL RULES OF COURT )
The matter of the adoption of amendments to the local rules for this Court having come
on regularly to be heard and reviewed by the Tenth Circuit Judicial Council, and upon suggestion
by the Judicial Council that Local Civil Rule 83.12.2(b) & (c) be further amended to reflect the
change in actual language of the rule rather than the appendix, and the Court being fully advised
in the premises; it is
HEREBY ORDERED that local civil rules 83.12.2(b) & (c) be amended in accordance
with the copy attached hereto. It is
FURTHER ORDERED that the amended local rule as attached hereto, shall be adopted,
and become effective as of the date of this order. It is
FURTHER ORDERED that the Clerk of Court shall cause notice of the attached
amendments to the local r~bliShed to the Bar and public.
DATED t h i s ; ; , ay QUuly, 2008.
#~ William F. Downes
Chief Judge
Clarence A. Brimmer
U S District Judge
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Alan B. Jo n
U S Distric Judge
illiam C. Beaman
hie£, U S Magistrate Judge
Rule 83.12.2 ADMISSION TO PRACTICE
(a) General Admissions. Attorneys who are regularly admitted and licensed to
practice before the Supreme Court of Wyoming may be admitted to practice in the
United States District Court for the District of Wyoming upon motion made in open court
by an attorney admitted to this Court. Said motion shall contain a satisfactory showing
of the good moral character and the qualifications of the applicant, and the moving
attorney shall vouch for him. Upon the granting of said motion for admission, the
applicant shall take the oath, which shall be administered by the Court or the Clerk of
Court. After signing the roll of attorneys in the Clerk of Court's office and paying the
appropriate fee to the Clerk of Court, a certificate of admission shall be furnished to
each admitted attorney.
(b) Admission Pro Hac Vice. All attorneys who have not been admitted to practice in
the courts of the State of Wyoming must seek admission pro hac vice based upon a
motion made by a member of the Bars of the State of Wyoming and of this Court and
an affidavit of the attorney seeking pro hac vice admission in order to appear in any
matter before this Court. A proposed order shall be submitted with the motion. (See
Appendix E for the required contents of the motion and affidavit.)
Unless otherwise ordered by this Court, a motion to appear pro hac vice shall be
granted only if the applicant associates with a currently licensed member of the Bars of
the State of Wyoming and of this Court who shall participate in the preparation and trial
of the case to the extent required by the Court. The applicant must also be a member
in good standing of the bar of another state and the bar of another federal court in order
to be eligible for pro hac vice admission in any matter before this Court.
An attorney who applies for admission pro hac vice consents to the exercise of
disciplinary jurisdiction by this Court over any alleged misconduct which occurs during
the progress of the case in which the attorney so admitted participates. Prior to the
filing of any pleadings or other documents, there shall be filed in the Clerk of Court's
office an entry of appearance by a currently licensed member of the Bar of the State of
Wyoming with whom the applicant has become assoGiated. The Wyoming member of
the Bar shall move the applicant's admission at the commencement of the first hearing
to be held before the Court. The Wyoming attorney shall sign the first pleading filed and
shall continue in the case unless other resident counsel be substituted. The Wyoming
attorney shall be present in Court during all proceedings in connection with the case,
unless excused, and shall have full authority to act for and on behalf of the client in all
matters including pretrial conferences, as well as trial or any other hearings. Any
notice, pleading or other paper shall be served upon all counsel of record, including
resident counsel, whenever possible, but it shall be sufficient for purposes of notice if
service of any motion, pleading, order, notice or any other paper is served only upon
Wyoming counsel, who shall assume responsibility for advising the non-resident
associate of any such service. For good cause shown, the Court may direct the Clerk
of Court to accept for filing a complaint signed only by a non-resident attorney, upon
the condition that such non-resident attorney shall associate with resident counsel
within ten (10) days after the filing of the complaint.
(c) Motion to appear pro hac vice. Every motion to appear pro hac vice must
contain the firm name (if any), office address, email address of attorney entering an
appearance, telephone and facsimile number (if any) of the attorney, otherwise the
attorney's name will not be added to the case docket. A proposed order shall be
submitted with the motion.
(d) Pro Se Representation. Any party proceeding on his or her own behalf without
an attorney shall be expected to read and be familiar with both the Local Rules of this
Court and with the Federal Rules of Civil Procedure, the Rules of Bankruptcy
Procedure, the Federal Rules of Evidence, or Federall Rules of Appellate Procedure,
whichever may be appropriate in the case, and to proceed in accordance therewith.
Copies of such Rules shall be available for review at the Office of the Clerk of Court.
(e) Government Attorneys. Any attorney representing the United States
Government, or any agency thereof, and who has been admitted to practice in the
highest court of any state, but who is not otherwise qualified under this Rule to practice
in this Court, may appear and participate in a case in his official capacity, as hereinafter
provided. If the Government representative is not a member of the Bar of this Court,
the United States Attorney for this District or one of hlis assistants shall move the
admission of the non-resident Government representative, shall sign all pleadings
before their filing and shall be present in Court during all proceedings in connection with
the case, unless excused by the Court. Said United States Attorney shall also be
designated by the Government attorney for the purpose of receiving service of notices,
and such service shall constitute service upon said Government attorney.
(f) Law Students. Any law student who has complied with the terms and
conditions of Rule 12, Rules of the Supreme Court of Wyoming, providing for the
organization and government of the Bar Association and attorneys at law of the State of
Wyoming, shall be permitted to practice before this Court upon proof of compliance,
and upon motion duly made pursuant to sUbsection (a) of this Rule. No such law
student shall be permitted to practice unless accompanied by an attorney otherwise
duly admitted to practice before this Court.
APPENDIX E
MOTION AND AFFIDAVIT FOR ADMISSION PRO HAC VICE
PURSUANT TO U.S.D.C.loR. 83.12.2(b)
All pro hac vice affidavits shall contain the following information:
• Name, firm name, address, telephone number, email address of attorney
seeking pro hac vice admission.
• When and where admitted (each court/bar);
• List of all pending disciplinary proceedings and all past public sanctions of pro
hac vice counsel;
• Affirmation by pro hac vice counsel that said counsel will comply with and be
bound by the Local Rules of the United States District Court for the District of
Wyoming;
• Acknowledgment by attorney seeking pro hac vice admission that local counsel
is required to be fully prepared to represent the client at any time, in any
capacity;
• Acknowledgment of pro hac vice counsel that said counsel submits to and is
subject to disciplinary jurisdiction of the Court for any alleged misconduct arising
in the course of preparation and representation in the proceedings.
All pro hac vice motions shall contain the following information:
• Local counsel shall represent that local counsel is a member in good standing of
the Bar of the State of Wyoming and the Bar of this Court;
• A statement that local counsel shall vouch for the good moral character and
veracity of the pro hac vice attorney;
• A statement that local counsel shall be fully prepared to represent the client at
any time, in any capacity.
IN THE UNITED STATES DISTRICT COURT
FILED
FOR THE DISTRICT OF vVYOMING U.S. DISTRICT COURi
DISTRICT OF WYOMING
JUN 26 2008
IN THE MATTER OF ADOPTION OF )
) ss ~ Harris, Clerk
Cheyenne
AMENDEDLOCALRULESOFCOURT )
The matter of the adoption of amendments to the local rules for this Court having come
on regularly to be heard, and a set of amended local rules having been considered, and the Court
being fully advised in the premises; it is
HEREBY ORDERED that Local Civil Rules 5.1 Filing by Electronic Transmission and
Service by Electronic Transmission; 16.1 Correct clerical error, 26.1 Parties may agree to
produce any or all documents electronically, 83.7.2 Require an index be filed with the
Administrative Record, 83 .12.2(b) Requiring email address of attorney seeking pro hac vice
admission and 83.12.3(a) Requiring email address of an attorney entering an appearance in a civil
case, be amended in accordance with the copy attached he:reto. It is
FURTHER ORDERED that the amended local rules as attached hereto, shall be adopted,
and become effective on July 1, 2008. It is
FURTHER ORDERED that the Clerk of Court shall cause notice of the attached
amendments to the local rules b~d to the Bar and public.
DATED this c::(4? day oOune, 2008.
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William F. Downes
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Chief Judge
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ence A. Brimmer
U S District Judge
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Alan B. Johnso
U S District Judge
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William C. Beaman
Chief, U S Magistrate Judge
United States District Court
District of Wyoming
Changes to Civil Local Rules
Rule 5.1 Filin2 with the Court
Civil Local Rule 5.1 should be amended to reflect that electronic filing is permitted in the District
of Wyoming.
5.2 Filing by Electronic Transmission
(a) Electronic Filing Authorized. A party may file a document by electronic
transmission in accordance with guidelines established by the Court (see CMlECF
Procedures Manual for Wyoming at http://www.wyd.uscourts.gov) Filing by
facsimile is not permitted. Unless otherwise ordered by the court, an electronic
document is considered filed on the date of the electronic transfer, including
weekends and holidays. A filing day is defined as 12:00:00 a.m. to 11 :59:59 p.m.
The time and date of actual filing are reflected in the Court's digital file stamp.
(b) Documents of Record. A document filed electronically and stored in the Court's
server is the official document of record. Affidavits and other documents
requiring an original verified signature may be filed electronically. By
electronically filing an affidavit or other verified document, the filing party or
attorney certifies that the original signed paper will be kept and will be produced
on request or at the direction of the Court.
5.3 Service by Electronic Transmission
(a) By the Court. The Court or Clerk may serve and give notice by electronic
transmission, in lieu of service and notice by mail, to any person who has a written
request, on file with the Clerk, to receive se:rvice and notice by electronic
transmission. The request remains effective in all subsequent litigation in this
District involving the person who filed the request; however, any person may
withdraw authorization for electronic filing by sending written notice to the Clerk.
(b) Between Parties. In addition to means of service specified in Fed. R. Civ. P. 5(b),
parties may agree to service between themselves by electronic transmission,
including transmission through the Court's server.
Electronic service under subdivisions (a) and (b) is equivalent to service by mail in
accordance with Fed. R. Civ. P. 5(b)(2), 5(E), 5(b)(3) and 77(d).
Rule 16.1
Correct (b)(8) to reflect correct cite to be Rule 26.1 (g).
Rule 16.1 PRETRIAL CONFERENCES
(b)
(8) Counsel shall discuss a schedule for taking expert depositions. (See Local
Rule 26.1 (g)).
Rule 26.1 Discovery
Change Rule 26.1
(f) to (f)(l)
add:
(f)(2) Parties may agree to produce any or all documents electronically, rather
than by other means.
Rule 83.7.2 Review of Action of Administrative Aeencies, Board. Commission, and Officers
(Includine Social Security Appeals)
To require that an index be filed with the administrative record.
Change Civil Local Rule 83.7.2(c)
(c) Filing ofthe record. In review proceedings, the agency shall file the record with
the clerk within sixty days of proper service of the petition or notice unless a different
time is provided by statute, or as otherwise ordered by the court. The record shall be
bates stamped and contain an index including date and description of the document(s).
Rule 83.12.Ub) Pro Hac Vice Admission
Civil Local Rule 83.12.2(b) should be amended requiring email address of attorney seeking pro
hac vice admission.
• Name, firm name, address, telephone number, email address of attorney seeking
pro hac vice admission.
Rule 83.12.3(a) Appearances and Withdrawals
Civil Local Rule 83.12.3(a) should be amended requiring email address of attorney entering an
appearance in a civil case.
(a) Appearances, Civil Case. Each and every attorney making an appearance in a
civil case shall cause the Clerk of Court's records to clearly reflect the firm name
(if any), office address, email address of attorney entering an appearance,
telephone and facsimile number (if any) of the attorney, and the party for whom
appearance is made, by filing a separate written appearance identifying the
specific party(s) represented.
