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Local Rules of
the United States
District Court for the Northern
District of West Virginia |
UNITED STATES DISTRICT JUDGES
FREDERICK P. STAMP, JR., Chief Judge, Wheeling, West Virginia
IRENE M. KEELEY, Judge, Clarksburg, West Virginia
ROBERT E. MAXWELL, Senior Judge, Elkins, West Virginia
WILLIAM M. KIDD, Senior Judge, Clarksburg, West Virginia
__________
UNITED STATES BANKRUPTCY JUDGE
L. EDWARD FRIEND, II, Wheeling, West Virginia
UNITED STATES MAGISTRATE JUDGES
DAVID L. CORE (Full-Time), Elkins, West Virginia
JOHN W. FISHER, II (Part-Time), Morgantown, West Virginia
JAMES E. SEIBERT (Part-Time), Wheeling, West Virginia
__________
CLERK OF DISTRICT COURT
WALLY EDGELL, Ph.D., Wheeling, West Virginia
CLERK OF BANKRUPTCY COURT
MICHAEL D. STURM, Wheeling, West Virginia
LOCAL RULES OF THE UNITED STATES DISTRICT
COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
The United States District Court for the Northern District of West Virginia
("Court") adopts the following Local Rules of General Practice and Procedure ("LR
Gen P"), Local Rules of Civil Procedure ("LR Civ P"), Local Rules of Criminal
Procedure ("LR Cr P"), and Local Rules of Bankruptcy Procedure ("LR Bk P"). These
Local Rules shall govern the conduct and management of the business, operations,
and proceedings of the Court.
The Local Rules of Magistrate Procedure, previously adopted by this Court, are
repealed. Reference is made to 28 U.S.C. 631, et seq., which generally sets forth
provisions relating to appointment, tenure, location, jurisdiction and powers of United
States Magistrate Judges.
In the absence of any controlling statute or by standing Order of the Court and
agreement of the judicial officers, or directive by the Administrative Office of the
United States Courts, or agreement by a majority of the district judges of this Court,
the chief judge is authorized and empowered to implement these Local Rules.
These Local Rules are intended to supplement and complement the Federal
Rules of Civil Procedure ("Fed. R. Civ. P.") and controlling statutes, and are to be
applied, construed and enforced to avoid inconsistency with those controlling statutes
and other rules.
These Local Rules shall be construed and applied to provide fairness and
simplicity in procedure; avoid unjustifiable delay; secure just, expeditious and
inexpensive determination of all actions and proceedings; and promote the efficient
administration of justice.
A district judge may, in the interest of orderly, expeditious and efficient
administration of justice, allow departures from these Local Rules when warranted by
particular facts and circumstances.
TABLE OF CONTENTS
I. LOCAL RULES OF GENERAL PRACTICE AND PROCEDURE. . . . . . .I-1
Article 1. Principal Offices; Divisions; and Sessions of the CourtI-1
LR Gen P 1.01. Principal Offices. . . . . . . . . .I-1
LR Gen P 1.02. Divisions. . . . . . . . . . . . . .I-1
LR Gen P 1.03. Sessions . . . . . . . . . . . . . .I-2
Article 2. Attorneys; Representation of Parties; Pro Se Appearances;
and Law Students . . . . . . . . . . . . . . . . . .I-2
LR Gen P 2.01. Permanent Members of Bar of Court. .I-2
LR Gen P 2.02. Visiting Attorneys . . . . . . . . .I-3
LR Gen P 2.03. Representation of Parties and Pro Se
Appearances . . . . . . . . . . . . . . . . . .I-4
LR Gen P 2.04. Legal Assistance by Law Students . .I-4
(a) Appearance on Behalf of Indigent . . . . .I-4
(b) Eligibility to Appear. . . . . . . . . . .I-5
Article 3. Conduct; Examination of Witnesses; Contacts with Jurors;
and Verification of Pleadings. . . . . . . . . . . .I-6
LR Gen P 3.01. Ethical Considerations . . . . . . .I-6
LR Gen P 3.02. Bias and Prejudice . . . . . . . . .I-7
LR Gen P 3.03. Addressing the Court; Examination of
Witnesses . . . . . . . . . . . . . . . . . . .I-8
LR Gen P 3.04. Contacts with Jurors . . . . . . . .I-8
Article 4. Contempt. . . . . . . . . . . . . . . . . . .I-8
LR Gen P 4.01. Initiation of Civil Contempt ProceedingsI-8
LR Gen P 4.02. Issues; Trial By Jury. . . . . . . .I-9
LR Gen P 4.03. Order of the Court; Confinement of ContemnorI-9
Article 5. Photographing and Broadcasting of Court ProceedingsI-10
LR Gen P 5.01. Photography in and Broadcasting from
Courtroom . . . . . . . . . . . . . . . . . . I-10
LR Gen P 5.02. Impoundment of Photography and
Broadcasting Equipment. . . . . . . . . . . . I-11
Article 6. Bonds; Proceedings In Forma Pauperis; Complaints Under
Social Security Act; and Land Condemnation Actions I-11
LR Gen P 6.01. Approval of Bonds by the Clerk . . I-11
LR Gen P 6.02. Proceedings In Forma Pauperis. . . I-11
LR Gen P 6.03. Complaints Filed Pursuant to Social Security
Act . . . . . . . . . . . . . . . . . . . . . I-12
Article 7. Entry of Judgments and Orders; Custody and Disposition of
Exhibits; Filing and Removal of Papers; and Court LibraryI-12
LR Gen P 7.01. Entry of Judgments and Orders. . . I-12
LR Gen P 7.02. Exhibits . . . . . . . . . . . . . I-13
(a) Custody and Disposition of Exhibits. . . I-13
(b) Custody of Sensitive Exhibits. . . . . . I-13
(c) Alternative Procedures for Custody and Disposition
of Exhibits. . . . . . . . . . . . . . . I-14
LR Gen P 7.03. Filing of Papers . . . . . . . . . I-14
LR Gen P 7.04. Removal of Papers from Custody of ClerkI-15
LR Gen P 7.05. Court Library. . . . . . . . . . . I-15
II. LOCAL RULES OF CIVIL PROCEDURE. . . . . . . . . . . . . II-1
Article 1. Definitions; Stipulations; Extensions of Answer Date; and
Waiver of Service. . . . . . . . . . . . . . . . . II-1
LR Civ P 1.01. Definitions. . . . . . . . . . . . II-1
LR Civ P 1.02. Stipulations . . . . . . . . . . . II-1
LR Civ P 1.03. Extensions of Answer Date. . . . . II-1
LR Civ P 1.04. Waiver of Service. . . . . . . . . II-2
Article 2. Conferences . . . . . . . . . . . . . . . . II-2
LR Civ P 2.01. Scheduling Conferences . . . . . . II-2
(a) Convening of Scheduling Conferences; Removed
and Transferred Actions. . . . . . . . . II-2
(b) Obligation of the Parties to Meet. . . . II-3
(c) Written Report on the Meeting of the Parties;
Cancellation of Scheduling Conference. . II-4
(d) Conduct of Scheduling Conferences. . . . II-5
(e) Scheduling Orders. . . . . . . . . . . . II-6
(f) Modification of Scheduling Order . . . . II-7
(g) Categories of Actions Exempted.. . . . . II-8
LR Civ P 2.02. Case-Management Conferences in Complex
Cases . . . . . . . . . . . . . . . . . . . . II-9
(a) Conduct of Case-Management Conferences . II-9
(b) Obligation of Counsel to Confer. . . . .II-10
(c) Number of Case-Management Conferences and
Conference Orders. . . . . . . . . . . .II-10
LR Civ P 2.03. Pre-Trial Conferences in Non-Complex CasesII-10
(a) Convening of Pre-Trial Conferences . . .II-10
(b) Pre-Trial Conference Orders. . . . . . .II-11
LR Civ P 2.04. Final Pre-Trial and Settlement Conferences; Pre-Trial OrderII-11
(a) Obligation of Counsel to Meet; Pre-Trial
Disclosures Under Fed. R. Civ. P. 26(a)(3)II-11
(b) Proposed Pre-Trial Order . . . . . . . .II-11
(c) Final Pre-Trial Conference . . . . . . .II-13
(d) Final Pre-Trial Order. . . . . . . . . .II-13
(e) Final Settlement Conference. . . . . . .II-14
(f) Settlement Before Trial. . . . . . . . .II-14
LR Civ P 2.05. Authority Regarding Settlement, Stipulations
and Admissions at Conferences . . . . . . . .II-14
LR Civ P 2.06. Sanctions. . . . . . . . . . . . .II-14
Article 3. Discovery . . . . . . . . . . . . . . . . .II-15
LR Civ P 3.01. Control of Discovery . . . . . . .II-15
(a) Initial Disclosures Under Fed. R. Civ. P. 26(a)(1)II-15
(b) Disclosures Under Fed. R. Civ. P. 26(a)(2)
Regarding Experts. . . . . . . . . . . .II-15
(c) Discovery Event Limitations. . . . . . .II-16
(d) Further Discovery. . . . . . . . . . . .II-16
LR Civ P 3.02. Uniform Definitions in Discovery Requests.II-17
(a) Incorporation by Reference and LimitationsII-17
(b) Effect on Scope of Discovery . . . . . .II-17
(c) Definitions. . . . . . . . . . . . . . .II-17
LR Civ P 3.03. Court Filings and Costs. . . . . .II-18
(a) Nonfiling of Discovery Materials Other Than
Certificates of Service. . . . . . . . .II-18
(b) Inspection of Documents and Copying ExpenseII-19
LR Civ P 3.04. Interrogatories. . . . . . . . . .II-20
(a) Form of Response . . . . . . . . . . . .II-20
(b) Reference to Records . . . . . . . . . .II-20
(c) Answers to Interrogatories Following ObjectionsII-21
LR Civ P 3.05. Document Production. . . . . . . .II-21
(a) Form of Response . . . . . . . . . . . .II-21
(b) Objections to Document Requests. . . . .II-21
(c) Answers to Document Request Following
Objections . . . . . . . . . . . . . . .II-21
LR Civ P 3.06. Admissions . . . . . . . . . . . .II-22
(a) Form of Response . . . . . . . . . . . .II-22
(b) Statements in Response to Requests for Admission
Following Objections . . . . . . . . . .II-22
LR Civ P 3.07. Discovery Disputes . . . . . . . .II-22
(a) Objections to Disclosures or Discovery .II-22
(b) Duty to Meet . . . . . . . . . . . . . .II-22
(c) Motions to Compel. . . . . . . . . . . .II-22
Article 4. Motion Practice . . . . . . . . . . . . . .II-23
LR Civ P 4.01. Motion Practice. . . . . . . . . .II-23
(a) Motions and Supporting Memoranda . . . .II-23
(b) Motions to Dismiss . . . . . . . . . . .II-24
(c) Memoranda in Response to Motions and Reply
Memoranda. . . . . . . . . . . . . . . .II-24
(d) Referral to Magistrate Judge . . . . . .II-24
(e) Action on Motions. . . . . . . . . . . .II-24
(f) Hearings on Motions. . . . . . . . . . .II-25
Article 5. Alternative Dispute Resolution (Mediation Program -
Settlement Week) . . . . . . . . . . . . . . . . .II-25
LR Civ P 5.01. Alternative Dispute Resolution (Mediation
Program - Settlement Week).. . . . . . . . .II-25
(a) Settlement Week Defined. . . . . . . . .II-25
(b) Scheduling Mediation Conferences . . . .II-26
(c) The Mediation Conference . . . . . . . .II-26
(d) Preparation for Mediation Conference . .II-26
(e) Confidentiality. . . . . . . . . . . . .II-27
(f) Immunity . . . . . . . . . . . . . . . .II-27
(g) Scheduling Mediation . . . . . . . . . .II-28
(h) Settlement Prior to Scheduled Mediation.II-28
(i) Presence of Judicial Officer; Technical SupportII-28
LR Civ P 5.02. Other Alternative Dispute Resolution ProgramsII-28
Article 6. Trial . . . . . . . . . . . . . . . . . . .II-29
LR Civ P 6.01. Trial Juries . . . . . . . . . . .II-29
(a) Examination of Prospective Jurors. . . .II-29
(b) Jury Lists . . . . . . . . . . . . . . .II-29
Article 7. Dismissal of Actions. . . . . . . . . . . .II-30
LR Civ P 7.01. Dismissal of Actions . . . . . . .II-30
III. LOCAL RULES OF CRIMINAL PROCEDURE. . . . . . . . . . .III-1
Article 1. Applicability of General Rules. . . . . . .III-1
LR Cr P 1.01. Applicability . . . . . . . . . . .III-1
Article 2. Duties of Magistrate Judge. . . . . . . . .III-1
LR Cr P 2.01. Duties. . . . . . . . . . . . . . .III-1
Article 3. Forfeiture of Collateral in Lieu of Appearance for Certain
Misdemeanor Offenses . . . . . . . . . . . . . . .III-1
LR Cr P 3.01. Forfeiture of Collateral. . . . . .III-1
Article 4. Criminal Actions. . . . . . . . . . . . . .III-3
LR Cr P 4.01. Continuances. . . . . . . . . . . .III-3
LR Cr P 4.02. Pretrial Motions. . . . . . . . . .III-4
LR Cr P 4.03. Plea of Guilty. . . . . . . . . . .III-4
LR Cr P 4.04. Pre-Trial Discovery and Inspection.III-5
LR Cr P 4.05. Declination of Disclosure . . . . .III-5
LR Cr P 4.06. Additional Discovery or Inspection.III-6
LR Cr P 4.07. Additional Evidence . . . . . . . .III-7
LR Cr P 4.08. Exculpatory Evidence. . . . . . . .III-7
LR Cr P 4.09. Rule 404(b), Giglio and Roviaro EvidenceIII-7
LR Cr P 4.10. Jencks Act Material . . . . . . . .III-8
LR Cr P 4.11. Voir Dire, Motions in Limine and InstructionsIII-8
LR Cr P 4.12. List of Witnesses . . . . . . . . .III-8
LR Cr P 4.13. List of Exhibits. . . . . . . . . .III-8
LR Cr P 4.14. Deadlines . . . . . . . . . . . . .III-9
LR Cr P 4.15. Protective and Modifying Orders.. .III-9
LR Cr P 4.16. Failure to Comply With Discovery. III-10
LR Cr P 4.17. Continuing Disclosure . . . . . . III-10
Article 5. Petition for Disclosure of Presentence, Pre-Trial or
Probation Records. . . . . . . . . . . . . . . . III-11
LR Cr P 5.01. Disclosure of Records . . . . . . III-11
LR Cr P 5.02. Disclosure of Presentence Reports III-11
Article 6. Criminal Justice Act Plan . . . . . . . . III-12
LR Cr P 6.01. Criminal Justice Act Plan . . . . III-12
IV. LOCAL RULES OF MAGISTRATE JUDGE PROCEDURE [REPEALED]. . IV-1
V. LOCAL RULES OF BANKRUPTCY PROCEDURE. . . . . . . . . . . .V-1
Article 1. General Provisions. . . . . . . . . . . . . .V-1
LR Bk P 1.01. Effective Date. . . . . . . . . . . .V-1
LR Bk P 1.02. Scope and Construction of Rules . . .V-1
LR Bk P 1.03. Rescission of Prior Effective General OrdersV-2
Article 2. Court Administration. . . . . . . . . . . . .V-2
LR Bk P 2.01. Sessions of Court . . . . . . . . . .V-2
LR Bk P 2.02. Divisions of Business -- Venue, GeographyV-2
LR Bk P 2.03. Preparation of Orders . . . . . . . .V-3
LR Bk P 2.04. Notice Practice . . . . . . . . . . .V-3
LR Bk P 2.05. Attorneys -- Law Students . . . . . .V-4
LR Bk P 2.06. Actions of Clerk Authorized by Court.V-5
LR Bk P 2.07. Telephone Conferences . . . . . . . .V-6
Article 3. Proceedings in Bankruptcy . . . . . . . . . .V-7
LR Bk P 3.01. Commencement of a Case. . . . . . . .V-7
LR Bk P 3.02. Filing of Petitions and Mandatory Support
Documents . . . . . . . . . . . . . . . . . . .V-8
LR Bk P 3.03. Verification of Documents . . . . . .V-9
LR Bk P 3.04. Cost of Preparation of Lists, Schedules, or
Statements of Affairs by Person Other Than DebtorV-9
LR Bk P 3.05. Deficiencies in Filing Petitions, Schedules, and
Statement of Affairs. . . . . . . . . . . . . V-10
LR Bk P 3.06. The Mailing Matrix. . . . . . . . . V-10
LR Bk P 3.07. Filing Fees . . . . . . . . . . . . V-12
LR Bk P 3.08. Amendment Practice. . . . . . . . . V-13
LR Bk P 3.09. Motion and Application Practice GenerallyV-14
LR Bk P 3.10. Extensions of Time to Plead . . . . V-16
LR Bk P 3.11. Continuances. . . . . . . . . . . . V-17
LR Bk P 3.12. Discovery . . . . . . . . . . . . . V-17
LR Bk P 3.13. Discharge Hearing . . . . . . . . . V-18
LR Bk P 3.14. Reopening Practice. . . . . . . . . V-18
Article 4. Particular Matters. . . . . . . . . . . . . V-19
LR Bk P 4.01. Lien Avoidance. . . . . . . . . . . V-19
LR Bk P 4.02. Redemption. . . . . . . . . . . . . V-21
LR Bk P 4.03. Reaffirmations. . . . . . . . . . . V-22
LR Bk P 4.04. Motion to Lift Stay . . . . . . . . V-23
Article 5. Chapter 13. . . . . . . . . . . . . . . . . V-25
LR Bk P 5.01. Chapter 13 Plan . . . . . . . . . . V-25
LR Bk P 5.02. Objections to Plan. . . . . . . . . V-25
LR Bk P 5.03. Dismissal or Conversion . . . . . . V-25
Article 6. Adversary Proceedings . . . . . . . . . . . V-26
LR Bk P 6.01. Complaint and Cover Sheet . . . . . V-26
LR Bk P 6.02. Fee Required. . . . . . . . . . . . V-26
LR Bk P 6.03. The Summons and Complaint . . . . . V-27
LR Bk P 6.04. No Copies Required. . . . . . . . . V-27
LR Bk P 6.05. Style . . . . . . . . . . . . . . . V-27
LR Bk P 6.06. Discovery . . . . . . . . . . . . . V-27
LR Bk P 6.07. Compromise and Settlement . . . . . V-27
LR Bk P 6.08. Dismissal . . . . . . . . . . . . . V-28
Article 7. Chapter 7 Rules . . . . . . . . . . . . . . V-29
Article 8. Chapter 11 Rules. . . . . . . . . . . . . . V-30
Article 9. Chapter 12 Rules. . . . . . . . . . . . . . V-31
Article 10. Appeals. . . . . . . . . . . . . . . . . . V-32
I. LOCAL RULES OF GENERAL PRACTICE AND PROCEDURE
Article 1. Principal Offices; Divisions; and Sessions of the Court.
LR Gen P 1.01. Principal Offices.
The headquarters of the United States District Court for the Northern District
of West Virginia and of its Clerk is located in the United States Courthouse, Wheeling,
West Virginia. The mailing address is Post Office Box 471, Wheeling, WV 26003.
LR Gen P 1.02. Divisions.
The Northern District of West Virginia is composed of thirty-two counties.
Each of these counties is assigned to one of four administrative divisions. Each
division is given the name of the city in the division where the Court and offices of
its Clerk are located. The divisions, addresses of division offices, and counties
comprising each division are as follows:
Division Address Counties Composing Division
Clarksburg Federal Building Harrison, Doddridge, Gilmer,
500 West Pike Marion, Monongalia, Taylor,
Clarksburg, WV Ritchie, Calhoun, Braxton,
Mailing address: Lewis, Tyler, and Pleasants
P. O. Box 2857
Clarksburg, WV 26302
Elkins Federal Building Randolph, Barbour, Grant,
Hardy,
300 3rd Street Mineral, Pendleton, Preston,
Elkins, WV Tucker, Upshur, Webster and
Mailing address: Pocahontas
P. O. Box 1518
Elkins, WV 26241
Martinsburg Federal Building Jefferson, Hampshire,
225 W. King Street Morgan and Berkeley
Martinsburg, WV 25401
Mailing address:
P. O. Box 2958
Martinsburg, WV 25401
Wheeling Federal Building Ohio, Brooke, Hancock,
12th & Chapline Streets Marshall and Wetzel
Room 207
Wheeling, WV 26003
Mailing address:
P. O. Box 471
Wheeling, WV 26003
LR Gen P 1.03. Sessions.
The Court is considered open and in continuous session in all divisions of the
district on all business days throughout the year in accordance with the provisions of
28 U.S.C. 139, Fed. R. Civ. P. 77(c), Fed. R. Crim. P. 56, and other controlling
statutes and rules.
Article 2. Attorneys; Representation of Parties; Pro Se Appearances; and Law
Students.
LR Gen P 2.01. Permanent Members of Bar of Court.
Any person admitted to practice before the Supreme Court of Appeals of West
Virginia and in good standing as a member of its bar is eligible for admission as a
permanent member of the bar of this Court. An eligible attorney may be admitted as
a permanent member of the bar of this Court upon motion of a permanent member
who shall sign the register of attorneys with the person admitted. If the motion for
admission is granted, the applicant shall take the attorney's admission oath or
affirmation, sign the attorneys' register, and pay the Clerk the admission fee.
Any attorney employed by the United States Attorney for this judicial district
must qualify as a permanent member of the bar of this Court within one year of his
or her employment. Until so qualified, the attorney may appear and practice as a
visiting attorney under the sponsorship of the appointing officer.
LR Gen P 2.02. Visiting Attorneys.
Whenever it shall appear that a person, who has not been lawfully licensed and
admitted to the practice of law in the State of West Virginia, has been duly licensed
to be admitted to practice before a court of record of general jurisdiction in any other
state or country or in the District of Columbia, and is in good standing as a member
of the bar of such jurisdiction, he or she may appear in a particular action, suit,
proceeding or other matter in this Court upon full compliance with the requirements
of Rule 8.0 (Admission Pro Hac Vice) of the Rules for Admission to Practice adopted
by the Supreme Court of Appeals of West Virginia, and as the same may hereafter
be amended, if like courtesy or privilege is extended to members of the West Virginia
State Bar in such other jurisdiction. The admission process to be followed by the
visiting attorney shall be in compliance with Rule 8.0(b) of the Rules for Admission
to Practice adopted by the Supreme Court of Appeals of West Virginia, as this Rule
may hereafter be amended, and the responsibility of the local attorney to be
associated with the applicant shall be as set forth under Rule 8.0(c) of said Rules for
Admission to Practice, as the same may hereafter be amended.
LR Gen P 2.03. Representation of Parties and Pro Se Appearances.
Every party to proceedings in this Court, except parties appearing pro se, shall
be represented by a permanent member of the bar of this Court and may be
represented by a visiting attorney as provided in LR Gen P 2.02. Although the United
States Attorney may be associated with other government attorneys in proceedings
involving the government, the United States Attorney (except in student loan
collection cases), in addition to other government attorneys, shall sign all pleadings,
notices and other papers filed and served by the United States. All pleadings, notices
and other papers involving the government may be served on the United States
Attorney in accordance with the service requirements of the Federal Rules of Civil
Procedure and the Federal Rules of Criminal Procedure. Parties appearing pro se shall,
at their first appearance, file with the Clerk their complete names and addresses
where pleadings, notices and other papers may be served upon them, and their
telephone numbers.
No attorney who has entered an appearance in any civil or criminal action shall
withdraw the appearance or have it stricken from the record, except by order.
LR Gen P 2.04. Legal Assistance by Law Students.
(a) Appearance on Behalf of Indigent. With the written consent of an
indigent and his or her attorney of record, an eligible law student may appear on
behalf of that indigent. With the written consent of the United States Attorney or his
or her representative, an eligible law student may also appear on behalf of the United
States. With the written consent of the Attorney General of the State of West
Virginia or his or her representative, an eligible law student may also appear on behalf
of the State of West Virginia. In each case in which an eligible law student appears,
the consent shall be filed with the Clerk.
An eligible law student may assist in the preparation of pleadings, briefs, and
other documents to be filed in this Court, but such pleadings, briefs, or documents
must be signed by the attorney of record. An eligible law student may also
participate in hearings, trials, and other proceedings with leave of court, but only in
the presence of the attorney of record. The attorney of record shall assume personal
professional responsibility for the law student's work. The attorney of record shall
be familiar with the case and be prepared to supplement or correct any written or oral
statement made by the law student.
(b) Eligibility to Appear. To be eligible to appear pursuant to this rule, the
law student must:
(1) be enrolled in a law school approved by the American Bar Asso-
ciation;
(2) have successfully completed legal studies for at least four (4)
semesters, or the equivalent if the school is on some basis other than a semester
basis;
(3) be certified by the dean of his or her law school as being of good
character and competent legal ability. The dean's certification shall be filed with the
Clerk. This certification may be withdrawn by the dean at any time without notice
or hearing and without any showing of cause by notifying the Clerk in writing, or it
may be terminated by the Court at any time without notice of hearing and without
any showing of cause. Unless withdrawn or terminated, the certification shall remain
in effect for eighteen (18) months after it has been filed with the Clerk or until the law
student has been admitted as a permanent member of the bar of this Court,
whichever is earlier;
(4) certify in writing to the Clerk that he or she has read the Rules of
Professional Conduct of the American Bar Association;
(5) be introduced to the Court by a permanent member of the bar of
this Court; and
(6) neither ask for nor receive any compensation or remuneration of
any kind for services from the party assisted, but this shall not prevent an attorney,
legal services program, law school, public defender agency, the State of West
Virginia, or the United States from paying compensation to the law student, nor from
making appropriate charges for such services.
Article 3. Conduct; Examination of Witnesses; Contacts with Jurors; and Verification
of Pleadings.
LR Gen P 3.01. Ethical Considerations.
The Rules of Professional Conduct of the American Bar Association, the Model
Federal Rules of Disciplinary Enforcement as adopted by this Court, and the Rules of
Professional Conduct as adopted by the Supreme Court of Appeals of West Virginia
provide the basic ethical considerations and disciplinary rules for the conduct of
attorneys practicing in this Court. In all appearances, actions and proceedings within
the jurisdiction of this Court, attorneys shall conduct themselves in accordance with
the Model Federal Rules of Disciplinary Enforcement and the Rules of Professional
Conduct, and shall be subject to the statutes, rules and orders applicable to the
procedures and practice of law in this Court. These codes, rules and orders provide
minimal standards for the conduct of attorneys and the Court encourages attorneys
to conform their conduct to the highest of ethical standards.
Judges and others serving in a judicial capacity are expected to comply with
the American Bar Association's Code of Judicial Conduct.
LR Gen P 3.02. Bias and Prejudice.
The United States District Court for the Northern District of West Virginia
aspires to achieve absolute fairness in the determination of cases and matters before
it and expects the highest standards of professionalism, human decency, and
considerate behavior toward others from lawyers and court personnel, as well as from
all witnesses, litigants, and other persons who come before it. As to matters in issue
before the Court, conduct and statements toward one another must be without bias
with regard to such factors as gender, race, ethnicity, religion, handicap, age, and
sexual orientation when such conduct or statements bear no reasonable relationship
to a good faith effort to argue or present a position on the merits. Judicial officers
must ensure that appropriate action is taken to preserve a neutral and fair forum for
all persons. Nothing in this local rule, however, is intended to infringe unnecessarily
or improperly upon the otherwise legitimate rights, including the right of freedom of
speech, of any person, nor to impede or interfere with the advocacy of causes and
positions by lawyers and litigants.
LR Gen P 3.03. Addressing the Court; Examination of Witnesses.
Attorneys and pro se litigants must stand and speak clearly when addressing
the Court. Only one attorney for each party may participate in examination and
cross-examination of a witness. With the Court's permission, the attorney may
approach a witness to present or inquire about an exhibit.
LR Gen P 3.04. Contacts with Jurors.
After conclusion of a trial, no party, nor his or her agent or attorney, shall
communicate or attempt to communicate with any member of the jury about the
jury's deliberations or verdict without first applying for (with notice to all other
parties) and obtaining for good cause an order allowing such communication.
Article 4. Contempt.
LR Gen P 4.01. Initiation of Civil Contempt Proceedings.
A proceeding to adjudicate a person in civil contempt of court shall be
commenced by the service of a notice of motion or order to show cause. The
affidavit upon which the notice of motion or order to show cause is based shall state
with particularity the misconduct complained of, the claim, if any, for damages, and
any evidence that is available to the moving party as to the amount of damages. A
reasonable attorney's fee, necessitated by the contempt proceeding, may be included
as an item of damage. Where the alleged contemnor has appeared by an attorney,
the notice of motion or order to show cause and the papers upon which it is based
may be served upon his or her attorney; otherwise, service shall be made personally
in the manner provided for by the Federal Rules of Civil Procedure for the service of
a summons. If an order to show cause is sought, the order, upon a showing of
necessity, may include a direction to the United States Marshal to arrest the alleged
contemnor and hold him or her on bail in an amount fixed by the order, conditioned
for his or her appearance at the hearing, and further conditioned that the alleged
contemnor will hold himself or herself thereafter amenable to all orders of the Court
for his or her surrender.
LR Gen P 4.02. Issues; Trial By Jury.
If the alleged contemnor puts in issue his or her alleged misconduct or the
damages sought, he or she shall, upon demand, be entitled to have evidence taken,
either before the Court or before a master appointed by the Court. When the alleged
contemnor is entitled to a trial by jury, he or she shall make written demand therefor
at least thirty (30) days before the trial date; otherwise he or she will have waived a
trial by jury.
LR Gen P 4.03. Order of the Court; Confinement of Contemnor.
In the event the alleged contemnor is found to be in contempt of court, an
order shall be entered (1) reciting the verdict or findings of fact upon which the
adjudication is based; (2) setting forth the amount of the damages to which the
complainant is entitled; (3) fixing the fine, if any, imposed by the Court payable to the
Clerk of Court; (4) stating any other conditions necessary to purge the contempt; and
(5) directing the arrest of the contemnor by the United States Marshal and his or her
confinement until the performance of the conditions in the order, or until the
contemnor is otherwise lawfully discharged. Unless the order specifies otherwise, the
place of confinement shall be in a federally approved jail facility in the area where the
Court is sitting. No party shall be required to pay or to advance to the marshal any
expenses for the upkeep of the prisoner. A certified copy of the order committing the
contemnor shall be sufficient warrant to the marshal for the arrest and confinement
of the contemnor. The aggrieved party shall also have the same remedies against the
property of the contemnor as if the order awarding the judgment were a final
judgment.
In the event the alleged contemnor is found not guilty of the charges, he or she
shall be discharged from the proceeding and, in the discretion of the Court, may have
judgment against the complainant for his or her costs and disbursements and a
reasonable attorney's fee.
Article 5. Photographing and Broadcasting of Court Proceedings.
LR Gen P 5.01. Photography in and Broadcasting from Courtroom.
The taking of photographs in the courtroom, or in the corridors immediately
adjacent, during judicial proceedings or during any recess, and the transmitting or
sound recording of proceedings for broadcast by radio or television, is not permitted.
Upon approval of the Court and under its supervision, proceedings, other than judicial
proceedings, designed and conducted as ceremonies, such as administering oaths of
office to appointed officials of the Court, presentation of portraits, naturalization
proceedings, and similar ceremonial occasions, may be photographed in or broadcast
from the courtroom.
LR Gen P 5.02. Impoundment of Photography and Broadcasting Equipment.
The marshal may impound any camera, recording, broadcasting and other
related equipment brought into the courtroom or the adjacent corridors in violation of
LR Gen P 5.01. The impounded equipment shall be returned to its owner or custodian
after the proceedings have concluded.
Article 6. Bonds; Proceedings In Forma Pauperis; Complaints Under Social Security
Act; and Land Condemnation Actions.
LR Gen P 6.01. Approval of Bonds by the Clerk.
Except in criminal cases, or where another procedure is prescribed by law, the
Clerk may approve bonds without an order if:
(a) the amount of the bond has been fixed by prior order, local rule, or statute;
and
(b) the bond is secured by
(1) the deposit of cash or obligations of the United States,
(2) the guaranty of a corporate surety holding a certificate of authority
from the Secretary of the Treasury, or
(3) the guaranty of a qualified property owner when the guaranty is
accompanied by an acceptable certificate of justification.
LR Gen P 6.02. Proceedings In Forma Pauperis.
The Court may authorize the commencement, prosecution or defense of any
civil or criminal action or proceeding, or any appeal, without prepayment of fees and
costs or security, by a person who makes an affidavit that he or she is unable to pay
costs or give security as provided in 28 U.S.C. 1915.
In all cases initiated without payment of fees and costs, the affiant shall
stipulate in his or her affidavit that any recovery in the action shall be paid to the
Clerk, who shall pay therefrom any remaining unpaid costs taxed against the plaintiff
and remit the balance to the plaintiff or to his or her attorney.
LR Gen P 6.03. Complaints Filed Pursuant to Social Security Act.
Complaints filed pursuant to Section 205(g) of the Social Security Act, as
amended, 42 U.S.C. 405(g), shall contain, in addition to the information required
by Fed. R. Civ. P. 8(a), the following:
(a) in cases involving claims for retirement, survivor's, disability, and health
insurance benefits, the Social Security number of the worker on whose wage record
the application for benefits was filed; and
(b) in cases involving claims for supplemental security income benefits, the
Social Security number of the plaintiff.
Article 7. Entry of Judgments and Orders; Custody and Disposition of Exhibits; Filing
and Removal of Papers; and Court Library.
LR Gen P 7.01. Entry of Judgments and Orders.
Except for good cause, no judgment or order may be presented for entry unless
it bears the signature of all counsel and unrepresented parties. This rule does not
apply to judgments or orders drawn or prepared by the Court. When counsel or
unrepresented parties responsible for the preparation and presentation of a judgment
or order unreasonably delays or withholds its presentation, the Court may proceed to
enter such judgment or order.
LR Gen P 7.02. Exhibits.
(a) Custody and Disposition of Exhibits.
(1) Paper Exhibits. After being marked for identification, all paper
exhibits admitted in evidence shall be placed in the custody of the Clerk until the
record has been designated to the United States Court of Appeals for the Fourth
Circuit. Upon designation of the record on appeal, the Clerk shall place such exhibits
in the custody of the attorney or party producing them, and the attorney or party
shall execute a receipt therefor to be filed by the Clerk.
(2) Nonpaper Exhibits. After being marked for identification, all
models and other nonpaper exhibits shall be placed in the custody of the Clerk
through the conclusion of a hearing or trial. Upon conclusion of the hearing or trial,
the Clerk shall place such exhibits in the custody of the attorney or party producing
them, and the attorney or party shall execute a receipt therefor to be filed by the
Clerk.
(b) Custody of Sensitive Exhibits. Sensitive exhibits shall include, but are
not necessarily limited to, controlled substances, weapons, ammunition, real or
counterfeit currency, exhibits of a pornographic nature, and articles of high monetary
value. Sensitive exhibits offered or received in evidence shall be maintained in the
custody of the Clerk during the course of the hearing or trial.
Following the return of a verdict in a jury case, the conclusion of a hearing or
the conclusion of a trial to the Court and the completion of any appeal, sensitive
exhibits shall be retained by the Clerk, and upon order of the Court following notice
to all parties, shall be delivered to the U.S. Marshal with directions for disposition.
A party or attorney who has custody of an exhibit shall keep and make it
available for the use of this Court or any appellate court, and shall grant the
reasonable request of any party to examine or reproduce the exhibit for use in the
proceeding.
(c) Alternative Procedures for Custody and Disposition of Exhibits. In its
discretion, the Court, on a case by case basis, may by written order provide the Clerk
with alternative procedures for custody and disposition of exhibits. The Court's order
shall contain instructions for the disposition of such exhibits.
LR Gen P 7.03. Filing of Papers.
(a) Except as otherwise permitted or required by the Federal Rules, these
local rules, or order, the original and two (2) copies of all papers that must be filed
with the Court shall be filed at the Clerk's Office at the point of holding court in
which the particular action or proceeding is docketed. In emergency situations, due
to travel conditions, time limitations or other factors, filings may be made at any of
the Clerk's Offices, in which event the papers so filed shall be forwarded by the
receiving Clerk's Office to the Clerk's Office at the point of holding court in which the
particular action or proceeding is docketed.
(b) Pursuant to Fed. R. Civ. P. 5(e) filing by facsimile means shall be
permitted in emergency situations or in other special situations authorized by the
Court either by standing order, by order of a presiding judge in a special case, or by
a court administrative policy. Such filings, when permitted, shall be in the manner
and method approved by the Court and authorized by and consistent with standards
established by the Judicial Conference of the United States.
LR Gen P 7.04. Removal of Papers from Custody of Clerk.
Papers on file in the office of the Clerk shall be produced pursuant to subpoena
from a court of competent jurisdiction directing their production.
Papers may be removed from the files of the Clerk only upon order except that
the Clerk may permit temporary removal of papers by a bankruptcy judge, a
magistrate judge, or a master in matters relating to their official duties.
The person receiving the papers shall provide to the Clerk a signed receipt
identifying the papers removed.
LR Gen P 7.05. Court Library.
Attorneys and other persons authorized by the Court may use the Court's
library. Library books may not be removed from the Court's premises. Persons using
library books shall be responsible for their care and preservation and shall return them
to their proper places in the library. II. LOCAL RULES OF CIVIL PROCEDURE
Article 1. Definitions; Stipulations; Extensions of Answer Date; and Waiver of
Service.
LR Civ P 1.01. Definitions.
For the purpose of these Local Rules of Civil Procedure:
(a) "Judicial officer" means a district judge or, when authorized by a district
judge, a statute, the Federal Rules of Civil Procedure, or these Local Rules of Civil
Procedure, a magistrate judge.
(b) "Business days" means days counted under Fed. R. Civ. P. 6 when the
period of time prescribed or allowed under the Federal Rules of Civil Procedure is less
than eleven (11) days.
(c) "Days" when not preceded by the adjective "business" means days
counted under Fed. R. Civ. P. 6 when the period of time prescribed or allowed under
the Federal Rules of Civil Procedure is eleven (11) or more days.
LR Civ P 1.02. Stipulations.
Unless otherwise ordered, stipulations under the Federal Rules of Civil
Procedure and these Local Rules of Civil Procedure must be in writing, signed by the
parties making them or their counsel, and promptly filed with the Clerk.
LR Civ P 1.03. Extensions of Answer Date.
Unless otherwise ordered, the time to answer or otherwise respond to a
complaint may be extended by stipulation. For purposes of LR Civ P 2.01(a) only, the
stipulation shall constitute an appearance by any defendant who is a party to it. An
extension by stipulation will not affect other deadlines established by the Federal
Rules of Civil Procedure, these Local Rules of Civil Procedure, or the Court.
LR Civ P 1.04. Waiver of Service.
A plaintiff who intends to obtain service of summons on a defendant under the
provisions of Fed. R. Civ. P. 4(d)(2) shall, within ten (10) business days of the filing
of the complaint, dispatch the notice and request through first-class mail or other
reliable means to the defendant and file a copy thereof with the Clerk.
If a plaintiff fails to dispatch and file the notice and request within the period
specified, service of the summons shall be effected by means other than by waiver
of service unless otherwise ordered.
A plaintiff who dispatches a notice and request under the provisions of Fed. R.
Civ. P. 4(d)(2) shall allow the defendant not less than thirty (30) days nor more than
forty-five (45) days from the date on which the notice and request is sent, or not less
than sixty (60) days nor more than seventy-five (75) days from that date if the
defendant is addressed outside any judicial district of the United States, within which
to return the waiver of service.
The plaintiff shall file the original and one (1) copy of the waiver of service with
the Clerk within five (5) days after its return.
Article 2. Conferences.
LR Civ P 2.01. Scheduling Conferences.
(a) Convening of Scheduling Conferences; Removed and Transferred
Actions. Except in actions exempted by paragraph (g) of this rule or by standing
order, a judicial officer shall convene a scheduling conference as soon as practicable,
but in any event within eighty (80) days after the appearance of a defendant and
within one hundred ten (110) days after the complaint has been served on a
defendant.
A judicial officer shall establish the date, time and place of the scheduling
conference. As soon as practicable, but in no event later than five (5) business days
after the appearance of a defendant, the Clerk shall mail a notice of the conference
to all counsel then of record and to each then unrepresented party for whom an
address is available from the record. The notice shall also establish the date by which
a meeting of the parties must be held pursuant to Fed. R. Civ. P. 26(f) and paragraph
(b) of this rule, and the date by which a written report on the meeting of the parties
must be submitted to the Court pursuant to Fed. R. Civ. P. 26(f) and paragraph (c)
of this rule.
In a case removed or transferred to this Court, a judicial officer shall convene
a scheduling conference as soon as practicable, but in no event later than sixty (60)
days after removal or transfer. The notice required under this paragraph shall be
mailed to all parties or their attorneys no later than five (5) business days after the
case is removed or transferred.
(b) Obligation of the Parties to Meet. The parties shall, as soon as
practicable and in any event at least twenty-one (21) days before the date set for the
scheduling conference, meet in person or by telephone to discuss and report on all
Fed. R. Civ. P. 16 and 26(f) matters, and to:
(1) consider, consistent with paragraph (d) of this rule, whether the
case is complex and appropriate for monitoring in an individualized and case-specific
manner through one or more case-management conferences, and, if it is, to propose
for the Court's consideration three alternative dates and times for the first
conference;
(2) agree, if they can, upon the disputed facts that have been alleged
with particularity in the pleadings;
(3) consider consenting to trial by a magistrate judge;
(4) consider alternative dispute resolution processes such as the one
in LR Civ P 5.01; and
(5) prepare an agenda of matters to be discussed at the scheduling
conference.
Counsel and all unrepresented parties who have appeared in the case are jointly
responsible for arranging and being present or represented at the meeting, agreeing
on matters to be considered at the scheduling conference, and considering a prompt
settlement or resolution of the case.
(c) Written Report on the Meeting of the Parties; Cancellation of Scheduling
Conference. Counsel and all unrepresented parties who were present or represented
at the meeting are jointly responsible for submitting to the Court, no later than
fourteen (14) days before the date set for the scheduling conference, a written report
on their meeting.
In the report on the meeting, any matters on which the parties differ shall be
set forth separately and explained. The parties' proposed pre-trial schedule and plan
of discovery and disclosures shall advise the Court of their best estimates of the time
needed to accomplish specified pre-trial steps. The parties' report on their meeting
shall be considered by the judicial officer as advisory only.
If, after the date fixed for filing the written report, the judicial officer
determines that the scheduling conference is not necessary, it may be canceled and
the scheduling order may be entered.
(d) Conduct of Scheduling Conferences. Except in a case in which a
scheduling conference has been canceled pursuant to paragraph (c) of this rule, a
judicial officer shall convene a scheduling conference, which may be held by
telephone, within the mandatory time frame specified in paragraph (a) of this rule
regardless of whether the parties have met pursuant to paragraph (b) of this rule or
filed a written report pursuant to paragraph (c) of this rule. At the scheduling
conference, the judicial officer shall consider any written report submitted by the
parties and discuss with them time limits and other matters they were obligated to
consider in their meeting and that may be addressed in the scheduling order.
At or following the scheduling conference if one is held, or as soon as
practicable after the date fixed for filing the written report if the scheduling
conference is canceled, the judicial officer shall determine whether the case is
complex or otherwise appropriate for careful and deliberate monitoring in an
individualized and case-specific manner. The judicial officer shall consider assigning
in the scheduling order any case so categorized to a case-management conference
or series of conferences under LR Civ P 2.02. If the case is so assigned, the
scheduling order, notwithstanding paragraph (e) of this rule, may be limited to
establishing time limits and addressing other matters that should not await the first
case-management conference. The factors to be considered by the judicial officer in
determining whether the case is complex include:
(1) the complexity of the issues, the number of parties, the difficulty
of the legal questions and the uniqueness of proof problems;
(2) the amount of time reasonably needed by the parties and their
attorneys to prepare the case for trial;
(3) the judicial and other resources required and available for the
preparation and disposition of the case;
(4) whether the case belongs to those categories of cases that
(i) involve little or no discovery,
(ii) ordinarily require little or no additional judicial intervention,
or
(iii) generally fall into identifiable and easily managed patterns;
(5) the extent to which individualized and case-specific treatment will
promote the goal of reducing cost and delay; and
(6) whether the public interest requires that the case receive more
intense judicial attention.
(e) Scheduling Orders. Following the scheduling conference if one is held,
or as soon as practicable after the date fixed for filing the written report if the
scheduling conference is canceled, but in any event within ninety (90) days after the
appearance of a defendant and within one hundred twenty (120) days after the com-
plaint has been served on a defendant, the judicial officer shall enter a scheduling
order pursuant to Fed. R. Civ. P. 16(b). The order shall advise the parties that the
term "complete discovery" as used in Fed. R. Civ. P. 16(b) means that all discovery,
objections, motions to compel and all other motions and replies relating to discovery
must be filed in time for the parties objecting or responding to have opportunity under
the Federal Rules of Civil Procedure to make responses. Unless otherwise ordered,
the term "all discovery" as used in the preceding definition of "complete discovery"
includes the disclosures required by Fed. R. Civ. P. 26(a)(1) and (2), but not the
disclosures required by Fed. R. Civ. P. 26(a)(3), and includes discovery under Fed. R.
Civ. P. 26(a)(5).
(f) Modification of Scheduling Order.
(1) Time limits in the scheduling order for the joinder of other parties,
amendment of pleadings, filing of motions, and completion of discovery, and dates
for conferences before trial, a final pre-trial conference, and trial may be modified for
cause by order.
(2) Subject to subparagraph (3), stipulations to modify disclosure or
discovery procedures or limitations will be valid and enforced if they are in writing,
signed by the parties making them or their counsel, filed promptly with the Clerk, and
do not affect the trial date or other dates and deadlines specified in subparagraph (1).
(3) A private agreement to extend discovery beyond the discovery
completion date in the scheduling order will be respected by the Court if the
extension does not affect the trial date or other dates and deadlines specified in
subparagraph (1). A discovery dispute arising from a private agreement to extend
discovery beyond the discovery completion date need not, however, be resolved by
the Court.
(g) Categories of Actions Exempted. In addition to those actions and
proceedings identified in Fed. R. Civ. P. 81 to which the Federal Rules of Civil
Procedure do not apply, the following categories of actions are exempted from the
requirements of Fed. R. Civ. P. 16(b), 26(a)(1)-(4) and 26(f), and of the Local Rules
of Civil Procedure relating thereto unless otherwise ordered:
(1) habeas corpus cases and motions attacking a federal sentence;
(2) procedures and hearings involving recalcitrant witnesses before
federal courts;
(3) actions for injunctive relief;
(4) review of administrative rulings;
(5) Social Security cases;
(6) prisoner petitions pursuant to 42 U.S.C. 1983 and "Bivens-type"
actions;
(7) condemnation actions;
(8) bankruptcy proceedings appealed to this Court;
(9) collection and forfeiture cases in which the United States is
plaintiff and the defendant is unrepresented by counsel;
(10) Freedom of Information Act proceedings;
(11) post-judgment enforcement proceedings and debtor examinations;
(12) enforcement or vacation of arbitration awards;
(13) civil forfeiture actions;
(14) student loan collection cases;
(15) actions which present purely legal issues, require no resolution of
factual issues, and which may be submitted on the pleadings, motions and
memoranda of law; and
(16) such other categories of actions as may be exempted by standing
order.
LR Civ P 2.02. Case-Management Conferences in Complex Cases.
(a) Conduct of Case-Management Conferences. Case-management confer-
ences shall be presided over by a judicial officer who, in furtherance of the scheduling
order required by LR Civ P 2.01(e), may:
(1) explore the possibility of settlement;
(2) identify the principal issues in contention;
(3) prepare a specific discovery schedule and plan that may
(i) identify and limit the discovery available to avoid unneces-
sary, unduly burdensome or expensive discovery,
(ii) sequence discovery into two or more stages, and
(iii) include time limits for the completion of discovery;
(4) establish deadlines for filing motions and a schedule for their
disposition;
(5) consider the bifurcation of issues for trial as set forth in Fed. R.
Civ. P. 42(b); and
(6) explore any other matter appropriate for the management of the
case.
(b) Obligation of Counsel to Confer. The judicial officer may require counsel
and unrepresented parties to confer before a case-management conference and
prepare a statement containing:
(1) an agenda of matters that any party believes should be addressed
at the case-management conference; and
(2) a report of whether the case is progressing within the allotted time
limits and in accord with specified pre-trial steps.
This statement is to be filed no later than three (3) business days before the
case-management conference.
(c) Number of Case-Management Conferences and Conference Orders. The
judicial officer may convene as many case-management conferences as appropriate.
After a case-management conference, the judicial officer shall enter an order
reciting the action taken. The order shall control the subsequent course of the action
and may be modified in the same manner as a scheduling order under LR Civ P
2.01(f).
LR Civ P 2.03. Pre-Trial Conferences in Non-Complex Cases.
(a) Convening of Pre-Trial Conferences. In addition to any scheduling
conference and the final pre-trial conference, the judicial officer to whom the case is
assigned for trial may convene as many pre-trial conferences as the judicial officer
determines will reduce cost and delay in the ultimate disposition of the case and may
require the parties to meet or confer in advance of a pre-trial conference.
(b) Pre-Trial Conference Orders. After a pre-trial conference, the judicial
officer shall enter an order reciting the action taken. The order shall control the
subsequent course of the action and may be modified in the same manner as a
scheduling order under LR Civ P 2.01(f).
LR Civ P 2.04. Final Pre-Trial and Settlement Conferences; Pre-Trial Order.
(a) Obligation of Counsel to Meet; Pre-Trial Disclosures Under Fed. R. Civ.
P. 26(a)(3). Unless otherwise ordered by the judicial officer to whom the case is
assigned for trial, counsel and unrepresented parties shall meet no later than twenty-one (21) days before the date of the final pre-trial conference to conduct settlement
negotiations. Lead counsel for the plaintiff first named in the complaint shall take the
initiative in scheduling the meeting. If the action is not settled, and if there is no
order or stipulation to the contrary, counsel and unrepresented parties shall make all
Fed. R. Civ. P. 26(a)(3) disclosures at the meeting. The parties shall prepare a
proposed pre-trial order for submission to the judicial officer. Counsel and
unrepresented parties must be prepared at the final pre-trial conference to certify that
they tried in their meeting to settle the case.
(b) Proposed Pre-Trial Order. Unless otherwise ordered by the judicial officer
to whom the case is assigned for trial, counsel and unrepresented parties shall file,
no later than three (3) business days prior to the final pre-trial conference, a proposed
pre-trial order setting forth:
(1) the pre-trial disclosures required by Fed. R. Civ. P. 26(a)(3) and
any objections thereto;
(2) contested issues of law requiring a ruling before trial;
(3) a realistic and brief statement by counsel for plaintiff(s) and
third-party plaintiff(s) of essential elements which must be proved to establish any
meritorious claim remaining for adjudication and the damages or relief sought,
accompanied by supporting legal authorities; and by counsel for defendant(s) and
third-party defendant(s) of essential elements which must be proved to establish any
meritorious defense(s), accompanied by supporting legal authorities. Corresponding
statements must also be included for counterclaims and cross-claims;
(4) in all cases, for each party, a brief summary of the material facts
and theories of liability or defense;
(5) in all cases, for each party, a single listing of the contested issues
of fact; and a single listing of the contested issues of law, together with case and
statutory citations;
(6) stipulations;
(7) suggestions for the avoidance of unnecessary proof and cumula-
tive evidence;
(8) suggestions concerning any need for adopting special procedures
for managing potentially difficult or protracted aspects of the trial that may involve
complex issues, multiple parties, difficult legal questions or unusual proof problems;
(9) a statement of all damages claimed, including an itemized list of
special damages;
(10) a statement setting forth a realistic estimate of the number of trial
days required; and
(11) any other matters relevant for pre-trial discussion or disposition,
including those set forth in Fed. R. Civ. P. 16.
(c) Final Pre-Trial Conference. The judicial officer to whom the case is
assigned for trial shall preside at the final pre-trial conference.
The final pre-trial conference shall be attended by unrepresented parties and
by lead trial counsel for each represented party rather than "by at least one of the
attorneys who will conduct the trial for each of the parties" as provided in Fed. R.
Civ. P. 16(d). Individuals with full authority to settle the case for each party shall be
present in person or, if permitted by the Court, immediately available by telephone.
The agenda of the final pre-trial conference shall include consideration of those
matters in the proposed pre-trial order and any other appropriate matter, including
those set forth in Fed. R. Civ. P. 16(c) and (d).
(d) Final Pre-Trial Order. Following the final pre-trial conference, the judicial
officer shall enter a final pre-trial order, which shall be modified only to prevent
manifest injustice.
(e) Final Settlement Conference. Unless otherwise ordered, a final
settlement conference shall be held in each case.
The conference shall be conducted by the judicial officer and attended by
unrepresented parties and lead trial counsel for each represented party.
Individuals with full authority to settle the case for each party shall be present
in person or, if permitted by the Court, immediately available by telephone.
(f) Settlement Before Trial. All fees and juror costs may be imposed upon
the parties unless counsel have notified the Court and the Clerk's Office of any
settlement not later than 3:00 p.m. of the last business day before trial. The costs
shall be assessed equally against the parties and their counsel unless otherwise
ordered.
LR Civ P 2.05. Authority Regarding Settlement, Stipulations and Admissions at
Conferences.
At least one of the attorneys for each party and all unrepresented parties
participating in any conference before trial shall have authority to make decisions as
to settlement, stipulations and admissions on all matters that the participants
reasonably anticipate may be discussed.
LR Civ P 2.06. Sanctions.
Counsel and parties are subject to sanctions for failures and lack of preparation
specified in Fed. R. Civ. P. 16(f) respecting pre-trial conferences or orders and are
subject to the payment of reasonable expenses, including attorney's fees, as provided
in Fed. R. Civ. P. 37(g) for failure to participate in good faith in the development and
submission of a proposed discovery plan as required by Fed. R. Civ. P. 26(f) and LR
Civ P 2.01(b) and (c).
Article 3. Discovery.
LR Civ P 3.01. Control of Discovery.
(a) Initial Disclosures Under Fed. R. Civ. P. 26(a)(1). Unless otherwise
ordered or stipulated by the parties, the disclosures required under Fed. R. Civ. P.
26(a)(1) shall be made no later than thirty (30) days after the meeting required under
Fed. R. Civ. P. 26(f) and LR Civ P 2.01(b).
(b) Disclosures Under Fed. R. Civ. P. 26(a)(2) Regarding Experts. Unless
otherwise ordered or stipulated by the parties, the making, sequence, and timing of
disclosures under Fed. R. Civ. P. 26(a)(2) will be as follows:
(1) the party bearing the burden of proof on an issue shall make the
disclosures required by Fed. R. Civ. P. 26(a)(2)(A) and (B) for that issue to all other
parties or their counsel no later than sixty (60) days prior to the discovery completion
date;
(2) the party not bearing the burden of proof on an issue shall make
the disclosures required by Fed. R. Civ. P. 26(a)(2)(A) and (B) for that issue to all
other parties or their counsel no later than forty (40) days prior to the discovery
completion date; and
(3) all parties shall provide, no later than twenty (20) days prior to the
discovery completion date, the disclosures required by Fed. R. Civ. P. 26(a)(2)(A) and
(B) if the evidence is intended solely to contradict or rebut evidence on the same
issue identified by another party under Fed. R. Civ. P. 26(a)(2)(B).
The disclosures described in Fed. R. Civ. P. 26(a)(2)(B) shall not be required of
physicians and other medical providers who examined or treated a party or party's
decedent unless the examination was for the sole purpose of providing expert
testimony in the case.
(c) Discovery Event Limitations. Unless otherwise ordered or stipulated,
discovery under Fed. R. Civ. P. 26(a)(5) shall be limited as follows: ten (10)
depositions upon oral examination or written questions by all plaintiffs; ten (10)
depositions upon oral examination or written questions by all defendants; ten (10)
depositions upon oral examination or written questions by all third-party defendants;
twenty-five (25) written interrogatories, including all discrete subparts, by any party
upon any other party; and twenty-five (25) requests for admission by any party upon
any other party.
(d) Further Discovery. After the opportunities for discovery pursuant to
paragraph (c), stipulation of the parties or order have been exhausted, any requests
that the parties may make for additional depositions, interrogatories, or requests for
admissions shall be by discovery motion.
The judicial officer shall not consider any discovery motion under this rule
unless it is accompanied by a certification that the moving party has made a
reasonable and good-faith effort to reach agreement with counsel or unrepresented
parties opposing the further discovery sought by the motion.
LR Civ P 3.02. Uniform Definitions in Discovery Requests.
(a) Incorporation by Reference and Limitations. The full text of the
definitions set forth in paragraph (c) of this rule is incorporated by reference into all
discovery requests under Fed. R. Civ. P. 26(a)(5), but shall not preclude
(1) the definition of other terms specific to the particular case;
(2) the use of abbreviations; or
(3) a narrower definition of a term defined in paragraph (c).
(b) Effect on Scope of Discovery. This rule does not broaden or narrow the
scope of discovery permitted by the Federal Rules of Civil Procedure or these Local
Rules.
(c) Definitions. The following definitions apply to all discovery requests:
(1) "communication" means the transmittal of information (in the form
of facts, ideas, inquiries, or otherwise);
(2) "document" is synonymous in meaning and equal in scope to the
usage of this term in Fed. R. Civ. P. 34(a). A draft or non-identical copy is a separate
document;
(3) "identify" when referring to a person means to give, to the extent
known, the person's full name and present or last known address. Once a person has
been identified in accordance with this subparagraph, only the name of that person
need be listed in response to subsequent discovery requesting the identification of
that person;
(4) "identify" when referring to documents means to give, to the
extent known, the
(i) type of document,
(ii) general subject matter,
(iii) author(s), addressee(s), and recipient(s), and
(iv) date the document was prepared;
(5) "plaintiff," "defendant," a party's full or abbreviated name, or a
pronoun referring to a party, mean the party, and, where applicable, its officers,
directors, employees, and partners. This definition does not impose a discovery
obligation on any person who is not a party to the case;
(6) "person" means any natural person or any business, legal or
governmental entity or association; and
(7) "concerning" means referring to, describing, evidencing, or
constituting.
LR Civ P 3.03. Court Filings and Costs.
(a) Nonfiling of Discovery Materials Other Than Certificates of Service.
Disclosures pursuant to Fed. R. Civ. P. 26(a)(1), (2) and (3), depositions upon oral
examination or written questions and any notice thereof, notices of receipt of
depositions, interrogatories, requests pursuant to Fed. R. Civ. P. 34, requests for
admissions, and answers and responses thereto shall not be filed unless ordered or
required under these Local Rules of Civil Procedure. Certificates of service of
discovery materials shall be filed. Unless otherwise stipulated or ordered, the party
taking a deposition or obtaining any material through discovery is responsible for its
custody, preservation and delivery to the Court if needed or ordered, and the
responsibility shall not terminate upon dismissal of any party while the action is still
pending. The custodial responsibility of the dismissed party may be discharged by
stipulation of the parties to transfer the custody of the discovered material to one or
more of the remaining parties. If for any reason a party or concerned citizen believes
that any of the named documents should be filed, an ex parte request may be made
that the document be filed, stating the reasons therefor. The Court may also order
filing sua sponte. If relief is sought under Fed. R. Civ. P. 26(c) or 37, copies of the
relevant portions of disputed documents shall be filed with any motion. If the moving
party under Fed. R. Civ. P. 56 or the opponent relies on discovery documents, copies
of the pertinent parts shall be filed with the motion or opposition.
(b) Inspection of Documents and Copying Expense.
(1) Inspection of documents. Except as otherwise provided in an
order pursuant to Fed. R. Civ. P. 26(c), all parties to an action shall be entitled to
inspect documents produced by another party pursuant to Fed. R. Civ. P. 33(c) or 34
at the location where they are produced.
(2) Copies of documents. Except as otherwise provided in an order
pursuant to Fed. R. Civ. P. 26(c), upon request of any party, and upon that party's
agreement to pay the reasonable copying costs at the time of delivery, a party who
produces documents pursuant to Fed. R. Civ. P. 33(c) or 34 shall provide copies of
all or any specified part of the documents. No party shall be entitled to obtain copies
of documents produced by another party pursuant to Fed. R. Civ. P. 33(c) or 34
without paying the reasonable copying costs.
LR Civ P 3.04. Interrogatories.
(a) Form of Response. Each answer, statement or objection shall be
preceded by the interrogatory to which it responds.
(b) Reference to Records. Whenever a party answers any interrogatory by
reference to records from which the answer may be derived or ascertained, as
permitted in Fed. R. Civ. P. 33(d):
(1) the producing party shall make available any computerized
information or summaries thereof that it either has or can adduce by a relatively
simple procedure, unless these materials are privileged or otherwise not subject to
discovery;
(2) the producing party shall provide any relevant compilations,
abstracts, or summaries in its custody or readily obtainable by it, unless these
materials are privileged or otherwise not subject to discovery;
(3) the documents shall be made available for inspection and copying
within fourteen (14) days after service of the answers to interrogatories or at a date
agreed upon by the parties; and
(4) If a party answers an interrogatory by reference to a deposition
in the action, the party shall identify the deponent and the pages of specific
transcripts where the answer may be found. If a party answers an interrogatory by
reference to a deposition in another action, the party shall identify the deponent, the
date of deposition, the style of the action, the pages of a specific transcript where the
answer may be found and shall make the deposition available for inspection and
copying.
(c) Answers to Interrogatories Following Objections. When it is ordered that
interrogatories to which objections were made must be answered, the answers shall
be served within fourteen (14) days of the order, unless the Court directs or the
parties stipulate otherwise.
LR Civ P 3.05. Document Production.
(a) Form of Response. Each answer, statement, or objection shall be
preceded by the request to which it responds.
(b) Objections to Document Requests.
(1) When an objection is made to any document request or subpart,
it shall state with specificity all grounds for the objection. Any ground not stated in
an objection within the time provided by the Fed. R. Civ. P. 34, or within any
extensions of time, is waived.
(2) No part of a document request shall be left unanswered because
an objection was interposed to another part of the document request.
(c) Answers to Document Request Following Objections. When it is ordered
that document requests to which objections were made must be answered, the
answers shall be served within fourteen (14) days of the order, unless the Court
directs or the parties stipulate otherwise.
LR Civ P 3.06. Admissions.
(a) Form of Response. Each answer, statement or objection shall be
preceded by the request for admission to which it responds.
(b) Statements in Response to Requests for Admission Following Objections.
When it is ordered that a request for admission to which objections were made is
proper, the matter shall be deemed admitted unless within fourteen (14) days of the
order the party to whom the request was directed serves a statement denying the
matter or setting forth the reasons why that party cannot admit or deny the matter,
as provided in Fed. R. Civ. P. 36.
LR Civ P 3.07. Discovery Disputes.
(a) Objections to Disclosures or Discovery. Objections to disclosures or
discovery that are not filed within the response time allowed by the Federal Rules of
Civil Procedure, the scheduling order(s), or stipulation of the parties pursuant to Fed.
R. Civ. P. 29, whichever governs, are waived unless otherwise ordered for good
cause shown.
(b) Duty to Meet. Before filing any discovery motion, including any motion
for sanctions or for a protective order, counsel for each party shall make a good faith
effort to meet in person or by telephone to narrow the areas of disagreement to the
greatest possible extent. It shall be the responsibility of counsel for the moving party
to arrange for the meeting.
(c) Motions to Compel. A motion to compel disclosure or discovery must
be accompanied by a statement setting forth verbatim each discovery request or
disclosure requirement and any response thereto to which an exception is taken. In
addition, the movant may include a statement of the grounds and pertinent authorities
relied upon and shall file such a statement if requested by the Court. If the discovery
request or disclosure requirement is ignored, the movant need only file a motion to
compel without setting forth verbatim the discovery request or disclosure
requirement.
Motions to compel or other motions in aid of discovery not filed within thirty
(30) days after the discovery response or disclosure requirement was due by rule or
as agreed by counsel are waived, and in no event provide an excuse, good cause or
reason to delay trial or modify the scheduling order.
Article 4. Motion Practice.
LR Civ P 4.01. Motion Practice.
(a) Motions and Supporting Memoranda. All motions shall be concise, shall
state the relief requested precisely, shall be filed timely but not prematurely, and,
except for nondispositive motions other than a motion for sanctions, shall be
accompanied by a supporting memorandum of not more than twenty (20) pages in
length, double-spaced, and by copies of depositions (or pertinent portions thereof),
admissions, documents, affidavits, and other such materials upon which the motion
relies. Nothing in this rule prevents a party from filing a memorandum in support of
a nondispositive motion. Examples of nondispositive motions for which a supporting
memorandum is not required unless ordered are motions for enlargement or
extensions of time under Fed. R. Civ. P. 6, or motions to amend clerical errors in
pleadings. A judicial officer for good cause shown may allow a supporting
memorandum to exceed twenty (20) pages. A dispositive motion or a motion for
sanctions unsupported by a memorandum will be denied without prejudice. In
addition to filing and serving on opposing counsel and unrepresented parties, counsel
shall deliver to the assigned judicial officer copies of each motion, supporting
memorandum, and supporting documents or materials. Motions for summary
judgment shall include or be accompanied by a short and plain statement of facts.
(b) Motions to Dismiss. Motions to dismiss shall be given priority status
provided they are designated prominently as a motion to dismiss and filed as a
separate pleading.
(c) Memoranda in Response to Motions and Reply Memoranda. Memoranda
and other materials in response to motions shall be filed with copies delivered to the
assigned judicial officer and served on opposing counsel and unrepresented parties
within fourteen (14) days from the date of service of the motion. Any reply
memoranda shall be filed with copies delivered to the assigned judicial officer and
served on opposing counsel and unrepresented parties within seven (7) business days
from the date of service of the memorandum in response to the motion.
(d) Referral to Magistrate Judge. All nondispositive motions and any
dispositive motion may be referred to a magistrate judge by the district judge assigned
the case.
(e) Action on Motions. All motions shall be decided expeditiously to
facilitate compliance with the deadlines established by the scheduling order. Failure
of a judicial officer to rule on a dispositive motion may be good cause for modification
of a scheduling order pursuant to LR Civ P 2.01(f)(1) upon motion of a party.
District judges may impose time limits on referred motions and monitor those
time limits.
(f) Hearings on Motions. The judicial officer may require or permit hearings
on motions, and the hearings may be by telephone.
Article 5. Alternative Dispute Resolution (Mediation Program - Settlement Week).
LR Civ P 5.01. Alternative Dispute Resolution (Mediation Program - Settlement
Week).
(a) Settlement Week Defined. The Settlement Week mediation program is
a mandatory program involving those cases selected by the assigned judicial officer.
Any party may suggest mediation and may do so without disclosing the request to
anyone except the presiding judicial officer.
The process involved is mediation, not arbitration or any other form of decision-making by a third-party. Mediators are attorneys who have been professionally
trained in mediation techniques that will enable them to assist the parties in reaching
a resolution of their dispute. The mediators will have no power whatsoever to make
any decisions in regard to the cases they mediate. The mediators are volunteers who
are giving a substantial amount of their time to this effort. They are neutral and
impartial, and will keep communications made to them by or on behalf of the parties
at settlement conferences totally confidential. The identity of the mediator is not
disclosed until the mediation conference commences. Parties or counsel are not
permitted to contact mediators prior to the initial mediation conference nor are
mediators permitted to contact parties or counsel prior to the initial mediation
conference.
(b) Scheduling Mediation Conferences. After the judicial officer has
determined that a case shall be mediated, an order shall be sent to all counsel of
record and any unrepresented parties setting the date, time and location of the
mediation conference. The order sets forth the requirements for mediation
conferences.
(c) The Mediation Conference.
(1) Each settlement conference is scheduled for two (2) hours,
although there may be instances when conferences will take more or less than that
amount of time. Mediators are authorized by the Court to schedule additional
mediation, if in the opinion of the mediator, such might be beneficial in helping to
resolve the case.
(2) While individual mediators may approach their task in somewhat
different ways, and while individual cases may lend themselves to somewhat different
approaches, in general the mediation process will involve a series of discussions with
the mediator jointly (all parties and their counsel together) and individually (individual
parties and their counsel alone).
(d) Preparation for Mediation Conference. Attendance at the mediation
conference is mandatory for counsel and the parties or their representatives who have
full authority to make final and binding decisions, in accordance with the order
scheduling the case for mediation. All parties and their counsel shall be prepared to
knowledgeably discuss the facts and issues of the case and shall participate in
Settlement Week conferences in good faith.
(e) Confidentiality. Mediators shall maintain strict confidentiality with
respect to all information that is communicated by the parties and their counsel in
connection with the Settlement Week conferences. The only information relative to
an individual conference that will be reported to the Court by the mediator will be (1)
the fact that the conference was actually held; (2) whether the mediator intends to
conduct further mediation in the case in the future; and (3) whether, in the opinion
of the mediator, the case should continue routinely through the judicial process or
might profit from being scheduled for a status or settlement conference before the
Court. The mediator is also required to advise the Court if a representative without
settlement authority attends the conference or if either party disrupts the mediation
process, fails to appear or fails to negotiate in good faith.
Mediation shall be regarded as confidential settlement negotiations, subject to
Rule 408 of the Federal Rule of Evidence. A mediator shall keep confidential from
opposing parties information obtained in an individual session unless the party to that
session or the party's counsel authorizes disclosure. A mediator may not be
subpoenaed or called to testify or otherwise be subject to process requiring disclosure
of confidential information in any proceeding relating to or arising out of the dispute
mediated.
(f) Immunity. A person acting as a mediator under these rules shall have
immunity in the same manner and to the same extent as a judicial officer.
(g) Scheduling Mediation. Given the extensive, time-consuming task of
managing mediation (accommodating attorneys, mediators, parties, etc.), that being
a duty of the Clerk's Office, which is very limited in its resources, it has been found
necessary for the Court, as expressed in the scheduling order, to keep to a minimum
the rescheduling of mediation conferences. While attempting to be helpful to all
parties concerned, it will be necessary to limit rescheduling, in virtually all instances,
and to strictly adhere to the Rules for Resolution of Court Scheduling Conflicts.
(h) Settlement Prior to Scheduled Mediation. If a case settles prior to the
scheduled conference, counsel shall immediately contact the office of the presiding
judge.
(i) Presence of Judicial Officer; Technical Support. Every effort shall be
made to assure the presence of a judicial officer and a court reporter either in person
at the site of the mediation conference or by telephone if the judicial officer is at
another place. The necessary support will be available so that documents can be
prepared on the spot, if appropriate, to memorialize any agreement that is reached
between or among the parties during the settlement conference.
LR Civ P 5.02. Other Alternative Dispute Resolution Programs.
The Court may, from time to time, experiment with other forms of alternative
dispute resolution, including, but not limited to, early neutral evaluation, summary jury
trials, mini-trials, arbitration, and other types of mediation programs.
Article 6. Trial.
LR Civ P 6.01. Trial Juries.
(a) Examination of Prospective Jurors. The judicial officer shall conduct the
examination of prospective jurors called to serve in civil actions. In conducting the
examination, the judicial officer shall identify the parties and their respective counsel
and briefly outline the nature of the action. The judicial officer shall interrogate the
jurors to elicit from them whether they have any prior knowledge of the case and
what connections they may have, if any, with the parties or their attorneys. Inquiries
directed to the jurors shall embrace areas and matters designed to discover basis for
challenge for cause, to gain knowledge enabling an intelligent exercise of peremptory
challenges, and to ascertain whether the jurors are qualified to serve in the case on
trial. The judicial officer may consult with the attorneys, who may request or suggest
other areas of juror interrogation. To the extent deemed proper, the judicial officer
may then supplement or conclude his or her examination of the jurors.
(b) Jury Lists. Names of jurors drawn for jury service from the Court's
qualified jury wheel may be disclosed only in accordance with the Court's Jury
Selection Plan, approved and made effective July 18, 1994, and as it may be
modified. Jury lists prepared by the Clerk shall be made available to counsel and
unrepresented parties as provided in the Jury Selection Plan.
Article 7. Dismissal of Actions.
LR Civ P 7.01. Dismissal of Actions.
When it appears in any pending civil action that the principal issues have been
adjudicated or have become moot, or that the parties have shown no interest in
further prosecution, the judicial officer may give notice to all counsel and
unrepresented parties that the action will be dismissed thirty (30) days after the date
of the notice unless good cause for its retention on the docket is shown. In the
absence of good cause shown within that period of time, the judicial officer may
dismiss the action. The Clerk shall mail a certified copy of any order of dismissal to
all counsel and unrepresented parties.
This rule does not modify or affect provisions for dismissal of actions under
Fed. R. Civ. P. 41 or any other authority.
III. LOCAL RULES OF CRIMINAL PROCEDURE
Article 1. Applicability of General Rules.
LR Cr P 1.01. Applicability.
In all criminal proceedings, the General Rules of this Court shall be followed
insofar as they are applicable.
All rights and duties contained in these Local Rules of Criminal Procedure apply
equally to all parties.
Article 2. Duties of Magistrate Judge.
LR Cr P 2.01. Duties.
All Magistrate Judges are specially designated to handle any arraignments in
criminal cases pursuant to Fed. R. Crim. P. 10, including acceptance of not guilty
pleas, scheduling of motions, scheduling of pre-trial conferences and trials, and
issuance of bench warrants for the arrest of a defendant who fails to appear for
arraignment before the Magistrate Judge.
Article 3. Forfeiture of Collateral in Lieu of Appearance for Certain Misdemeanor
Offenses.
LR Cr P 3.01. Forfeiture of Collateral.
(a) Pursuant to Fed. R. Crim. P. 58(d)(1), a person charged with certain
petty offenses as defined in 18 U.S.C. 19 and described in a schedule of collateral
offenses which will be published and announced by court order may, in lieu of
appearance, post collateral in the amount indicated for the offense, waive appearance
before a United States Magistrate Judge, and consent to forfeiture of collateral. The
schedule of collateral offenses will also describe certain petty offenses which require
a mandatory appearance before a United States Magistrate Judge. The current
schedule of collateral offenses will be reflected by the latest order appearing on the
court docket. The Clerk of the Court will distribute copies of such order to all offices,
agencies and individuals involved in the forfeiture of collateral program and shall make
copies available generally upon request.
(b) The provisions of this rule do not create or otherwise define an offense.
This applies to petty offenses which have otherwise been created and/or defined by
federal statutes, regulations or applicable state statutes lawfully assimilated by virtue
of 18 U.S.C. 13, which petty offenses are committed within the jurisdiction of the
United States District Court for the Northern District of West Virginia.
(c) Nothing contained in this rule shall prohibit a law enforcement officer
from arresting a person for the commission of any offense, including those for which
collateral may be posted and forfeited, and requiring the person charged to appear
before a United States Magistrate Judge or, upon arrest, taking the person charged
immediately before a United States Magistrate Judge.
(d) If a person charged with a petty offense not requiring a mandatory
appearance fails to post and forfeit collateral, the defendant shall be issued a notice
directing the defendant to appear before a United States Magistrate Judge, and any
penalty, including fine, imprisonment or probation, may be imposed within the limits
established by law upon conviction.
(e) If collateral is posted for any offense in which forfeiture of collateral is
authorized by this rule, the collateral shall be forfeited to the United States, and said
forfeiture shall signify that the defendant does not contest the charge nor request a
hearing. Such action shall be tantamount to a finding of guilty, and the defendant
shall be deemed convicted of any offense for which collateral is paid and forfeited.
(f) The Clerk of this Court shall establish a procedure for the processing of
violation notices, citations and collateral. Said procedure may include utilization of
automated facilities located in other United States District Courts.
(g) Either the Clerk or United States Magistrate Judge shall certify the record
of any conviction of a traffic violation as required by applicable state law to the
proper state authority.
(h) No collateral forfeiture will be permitted for the following violations:
(1) Offenses denominated in the schedule of collateral offenses as
ones for which appearance is mandatory.
(2) Offenses resulting in an accident with personal injury or property
damage in excess of five hundred dollars ($500.00).
(3) Subsequent offenses not arising out of the same facts or sequence
of events which resulted in the original offense or offenses.
Article 4. Criminal Actions.
LR Cr P 4.01. Continuances.
After a case has been listed for trial, it shall not be continued except for just
cause.
LR Cr P 4.02. Pretrial Motions.
All motions, including motions for bill of particulars under Rule 7(f) of the
Federal Rules of Criminal Procedure, shall be made within ten (10) days after receipt
by defense counsel of LR Cr P 4.02 materials, unless the Court, for good cause
shown, extends the time upon written application made within the ten (10) day
period. Such application shall set forth the grounds upon which it is made and shall
be served on the United States Attorney.
All such motions shall contain or be accompanied by a memorandum or brief
presented at the time of filing setting forth the reasons and legal support for granting
such motion.
The United States Attorney shall file a response to all such motions, with legal
support or memoranda, within ten (10) days of service thereof.
Each such motion, response and memorandum shall be filed with the Clerk with
an original and two (2) copies and shall be served upon all other counsel of record in
the action and upon any person appearing therein pro se.
Each such motion, response and memorandum may cite reasons, points of
authority and legal support either in the body of the motion or in a separate brief or
memorandum when the complexity of the motion requires more than a short
statement of authorities.
LR Cr P 4.03. Plea of Guilty.
A defendant entering a plea of guilty at arraignment shall be sentenced within
a reasonable time thereafter at a date to be fixed by the Court.
LR Cr P 4.04. Pre-Trial Discovery and Inspection.
Within seven (7) days after the arraignment, the United States Attorney shall
provide the defendant's counsel with copies of:
(1) Any relevant written or recorded statements or confessions made
by the defendant, or copies thereof, within the possession, custody or control of the
government, the existence of which is known, or by the exercise of due diligence
may become known, to the attorney for the government.
(2) Any relevant results or reports of physical or mental examinations,
and of scientific tests or experiments made in connection with the case, or copies
thereof, the existence of which is known, or by the exercise of due diligence may
become known, to the attorney for the government.
(3) Any relevant recorded testimony of the defendant before a grand
jury.
(4) Any books, papers, documents, tangible objects, buildings or places
which are the property of the defendant and which are within the possession,
custody or control of the government.
(5) The Federal Bureau of Investigation Identification Sheet indicating
defendant's prior criminal record.
LR Cr P 4.05. Declination of Disclosure.
If, in the judgment of the United States Attorney, it would not be in the
interests of justice to make any one or more disclosures set forth in LR Cr P 4.04 and
requested by the defendant's counsel, disclosure may be declined in writing by
setting forth specific reasons therefor. A declination of any requested disclosure shall
be in writing, directed to defendant's counsel, and signed personally by the United
States Attorney, and shall specify the types of disclosures that are declined. If the
U.S. Attorney invokes declination, the United States Attorney shall immediately notify
the Magistrate Judge for the purpose of expediting a hearing thereon.
LR Cr P 4.06. Additional Discovery or Inspection.
If additional discovery or inspection is sought, defendant's attorney shall confer
with the appropriate Assistant United States Attorney within ten (10) days of the
arraignment (or such later time as may be set by the Court for the filing of pre-trial
motions) with a view to satisfying these requests in a cooperative atmosphere
without recourse to the Court. The request may be oral or written, and the United
States Attorney shall respond in like manner.
In the event defendant thereafter moves for additional discovery or inspection,
the motion shall be filed within the time set by the Court for the filing of pre-trial
motions. It shall contain:
(a) a statement that the prescribed conference was held;
(b) the date of said conference;
(c) the name of the Assistant United States Attorney with whom the
conference was held;
(d) a statement that agreement could not be reached concerning the discovery
or inspection that is the subject of defendant's motion; and
(e) the pertinent facts and law bearing upon the issues raised by the motion,
as required by LR Cr P 4.02.
LR Cr P 4.07. Additional Evidence.
If, prior to or during trial, a party discovers additional evidence or material
previously requested or ordered, which is subject to inspection or discovery under the
Federal Rules of Criminal Procedure, this local rule, court order or other
judicial/statutory obligation, such party shall promptly notify the other party or that
other party's attorney and the Court of the existence of the additional evidence or
material.
LR Cr P 4.08. Exculpatory Evidence.
Exculpatory evidence (Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10
L.Ed.2d 215 (1963), as amplified by United States v. Bagley, 473 U.S. 667, 105 S.
Ct. 3375, 87 L.Ed.2d 1193 (1982)) material shall be disclosed at the time the
disclosures described in LR Cr P 4.04 are made. Additional Brady material not known
to the government at the time of disclosure of other discovery material, as described
above, shall be disclosed immediately in writing setting forth the material in detail.
LR Cr P 4.09. Rule 404(b), Giglio and Roviaro Evidence.
Notice of F.R.E. 404(b) evidence, Giglio v. United States, 405 U.S. 150, 154,
92 S. Ct. 763, 766, 31 L.Ed.2d 104 (1972), material and any Roviaro v. United
States, 353 U.S. 53, 77 S. Ct. 673, 1 L.Ed.2d 634 (1957), witness not included in
the government's witness list shall be disclosed ten (10) working days before trial.
LR Cr P 4.10. Jencks Act Material.
The Court will request that the government disclose materials described in 18
U.S.C. 3500 (Jencks Act material) ten (10) working days before trial.
LR Cr P 4.11. Voir Dire, Motions in Limine and Instructions.
All proposed voir dire questions, motions in limine (which must be limited to
matters actually in dispute) and proposed jury instructions shall be submitted by
counsel to the Court and opposing counsel seven (7) days before trial.
If the instructions are being typed on a computer, counsel shall provide to the
Court a disk labeled with the case name and party proposing the instructions. The
envelope containing the disks should be marked "Contains Disks - Do Not X-Ray -
May Be Opened For Inspection." The disks will be returned to counsel if requested.
LR Cr P 4.12. List of Witnesses.
Counsel for each party shall submit to the Court ten (10) working days before
trial a list of probable witnesses and possible witnesses (identified as such), but not
whether or not the defendant shall be a witness. The list shall state the full name and
address of each witness and shall also contain a brief statement of the subject matter
to be covered by each witness. Expert witnesses and record custodians shall be
identified as such on the list. After the Court has received the witness lists from all
parties, they shall be provided to opposing counsel.
LR Cr P 4.13. List of Exhibits.
Ten (10) working days before trial, counsel for each party shall file with the
Court and with opposing counsel a list of exhibits to be offered at trial. In addition,
counsel for each party shall number the listed exhibits with evidence tags which may
be obtained from the Clerk and shall exchange a complete set of marked exhibits with
opposing counsel (except for large or voluminous items or other exhibits that cannot
be reproduced easily).
LR Cr P 4.14. Deadlines.
The deadlines set forth in LR Cr P 4.12, LR Cr P 4.13 and LR Cr P 4.14 are
deadlines for hand-delivery or delivery by fax. If the items required to be served on
opposing counsel are served by mail, the deadline for mailing shall be two (2) days
earlier.
All deadlines contained in this rule may be shortened or lengthened by the
Court on motion and for good cause shown to the satisfaction of the Court. Any
party, including the government, may be relieved from the performance of any of the
obligations described in this rule, in advance of any applicable deadline, upon motion
and for good cause shown. ("Good cause" may include, without limitation, the safety
or security of witnesses or the necessity for protection of the identify of informants.)
LR Cr P 4.15. Protective and Modifying Orders.
Upon a sufficient showing, the Court may at any time order that the discovery,
inspection or disclosure be denied, restricted or deferred, or make such other order
as is appropriate. Upon motion by a party, the Court may permit the party to make
such showing, in whole or in part, in the form of a written statement to be inspected
by the Court alone. Either party shall, upon written request, be entitled to an
evidentiary hearing on this issue. If the Court enters an order granting relief following
such an ex parte showing, the entire text of the party's statement shall be sealed and
preserved in the records of the Court to be made available to the appellate court in
the event of an appeal.
LR Cr P 4.16. Failure to Comply With Discovery.
If at any time during the course of the proceedings it is brought to the attention
of the Court that a party has failed to comply with this rule, the Court may order such
party to permit the discovery or inspection, grant a continuance or prohibit the party
from introducing evidence not disclosed, or it may enter such other order as it deems
just under the circumstances up to and including dismissal of the indictment with
prejudice. The Court may specify the time, place and manner of making the
discovery, inspection or disclosure and may prescribe such terms and conditions as
are just.
LR Cr P 4.17. Continuing Disclosure.
Any duty of disclosure or discovery is a continuing one, and all parties shall
immediately produce any additional information gained up to and including the end
of the trial.
Any disclosure filed by the government pursuant to this Local Rule of material
within the purview of Fed. R. Crim. P. 16(a)(1)(C), (D) and (E) shall be considered as
relief sought by the defendant and granted by the Court unless the defendant
explicitly announces within three (3) days of arraignment he or she is refusing and is
not seeking such disclosures pursuant to Rule 16.
Article 5. Petition for Disclosure of Presentence, Pre-Trial or Probation Records and
Guideline Presentence Reports.
LR Cr P 5.01. Disclosure of Records.
No confidential records of the Court maintained by the probation office,
including presentence records, pre-trial services records, and probation records, shall
be disclosed unless a written petition is made to the Court particularizing the need for
specific information. No disclosure shall be made unless an order is issued by the
Court.
When a demand for a disclosure of presentence records, pre-trial services
records, or probation records is made to a probation officer by way of subpoena or
other judicial process, the probation officer shall petition in writing seeking
instructions from the Court regarding a response to the subpoena or other judicial
process. No disclosure shall be made unless an order is issued by the Court.
LR Cr P 5.02. Disclosure of Presentence Reports.
Any disclosure of the presentence report to the defendant, defendant's
counsel, attorney for the government or any party other than the Court shall not
include any recommendation as to sentence.
The time requirements of Fed. R. Crim. P. 32(b)(6) may be modified by the
Court for good cause, except that the thirty-five (35) day period from the initial
disclosure of the presentence report until the sentencing hearing may not be reduced
without the consent of the defendant.
The probation officer shall inform the Court of the date of the initial
presentence report disclosure to the parties, after which a sentencing hearing may be
scheduled at a time at least thirty-five (35) days thereafter. As an alternative, the
Court may set a date when the presentence report will be initially disclosed, after
which the sentencing hearing may be scheduled at a time at least thirty-five (35) days
thereafter.
The presentence report shall be deemed to have been disclosed (1) when a
copy of the report is physically delivered to the defendant, the defendant's counsel,
and the attorney for the government; or (2) three days after a copy of the
presentence report is mailed to the defendant, counsel for the defendant, and the
attorney for the government.
Article 6. Criminal Justice Act Plan.
LR Cr P 6.01. Criminal Justice Act Plan.
The Court has adopted a Criminal Justice Act Plan pursuant to provisions of the
Criminal Justice Act of 1964, as amended (18 U.S.C. 3006A). The Plan, as the
same may hereafter be amended, shall be considered with and as a part of these
Rules. Copies of the Plan will be available in the Clerk's office.
On behalf of pro se defendants or petitioners and Criminal Justice Act parties,
the Clerk of the Court is authorized to sign for the receipt of the transcript on Item
22 of CJA Form 24, providing the court reporter sends the transcript by certified mail,
return receipt requested, to the defendant or attorney of record. IV. LOCAL RULES OF MAGISTRATE JUDGE PROCEDURE
[REPEALED] V. LOCAL RULES OF BANKRUPTCY PROCEDURE
Article 1. General Provisions.
LR Bk P 1.01. Effective Date.
By Order entered on the 10th day of July, 1987, these Rules were adopted by
the Judges of this District and became effective thirty (30) days after entry thereof.
LR Bk P 1.02. Scope and Construction of Rules.
These Rules govern practice and procedure in the United States Bankruptcy
Court for the Northern District of West Virginia. The Rules shall govern all
proceedings, including proceedings under Part VII of the Bankruptcy Rules, and
Bankruptcy Rule 9014, in all cases filed after the effective date and in all further
proceedings in cases pending on the effective date, unless otherwise specifically
ordered by the Court.
The rules, and any form which may be provided herein, shall be construed in
a manner consistent with the United States "Bankruptcy Rules and Official Forms".
These rules shall be construed to achieve an orderly administration of the
business of this Court; to govern the practice of attorneys before this Court; to secure
the just, speedy, and inexpensive determination of cases; and to promote consistency
in the practice of this Court alone, together with consistency of practice in this Court,
and sister courts within the United States Bankruptcy System, and the United States
District Court for the Northern District of West Virginia.LR Bk P 1.03. Rescission of Prior Effective General Orders.
Prior to the effective date of these rules, local practice and procedure were
governed by entry of various General Orders. The effective General Orders of this
Court have been incorporated in these rules and by adoption of the rules, all general
orders of the Court are rescinded; provided, general orders may be entered which
govern internal office practices or the duties and responsibilities
of Court personnel and panel trustees.
Article 2. Court Administration.
LR Bk P 2.01. Sessions of Court.
The Court shall be in continuous session for transacting judicial business on all
business days throughout the year.
LR Bk P 2.02. Divisions of Business -- Venue, Geography.
The United States Bankruptcy Court for the Northern District of West Virginia
is the proper venue for cases in which the debtor's residence is in one of the thirty-two (32) counties as listed in LR Gen P 1.02(b) of these Rules.
The Northern District of West Virginia includes four (4) divisional offices located
in the cities of Wheeling, Clarksburg, Elkins, and Martinsburg. The Bankruptcy Court
will, in the interests of the parties, conduct hearings and other proceedings, including
meetings of creditors, at each of the divisional locations whenever feasible.
All pleadings and other papers shall be filed with the Clerk of the Bankruptcy
Court at either the Wheeling or Clarksburg division as follows:
United States Bankruptcy Court
12th and Chapline Streets
Post Office Box 70
Wheeling, WV 26003
U.S. Bankruptcy Court
324 West Main Street
Clarksburg, WV 26301
Cross Reference
Bankruptcy Rule 1014 (Change of Venue)
LR Gen P 1.02
LR Bk P 2.03. Preparation of Orders.
Unless otherwise ordered by the Court, the party prevailing at any hearing or
trial shall submit to the Court an order conforming to the Court's decision not later
than five (5) working days following the hearing or trial. The use of telephone or
other authorization not requiring counsel's actual signature is permitted, but the
preferred method of insuring accuracy of the order is to obtain the written
endorsement of counsel for any party in interest.
LR Bk P 2.04. Notice Practice.
Consistent with the directives of the Administrative Office of the United States
Courts and the Office of Audit and Review, the Court may, from time to time, require
counsel for an applicant or movant to serve or transmit required notices to all
creditors or particular parties in interest.
Unless otherwise required by these Rules, counsel for the applicant or movant
shall prepare all notices which are required to be served, whether service is to be
made by counsel or by the Clerk of the Court.
Cross Reference
Bankruptcy Rule 9007
For 362 practice, see LR Bk P 4.04
For 522 practice, see LR Bk P 4.01
For 722 practice, see LR Bk P 4.02
LR Bk P 2.05. Attorneys -- Law Students.
(a) Attorneys. The regulation of attorneys who are authorized to practice
before this Court, the practice of nonresident attorneys, pro se appearances,
procedures for an attorney withdrawing from a particular matter, stipulations by
parties, and courtroom conduct are amply governed by LR Gen P 1.04 and shall
govern such practices before the Bankruptcy Court.
(b) Law Students. The Bankruptcy Court has determined that the West
Virginia College of Law is interested in providing legal assistance to "income eligible"
individuals who have need for such assistance in cases before the Bankruptcy Court.
The Bankruptcy Court has found the neither 11 U.S.C. 1101(3), Bankruptcy Rule
9010, the Rules of the District and Magistrate Courts nor any other statute, rule,
regulation, or order prohibits an eligible law student from assisting indigent or
otherwise qualified persons, before the Bankruptcy Court. The Bankruptcy Court has
further found that Rule 6.000 of the Rules for Admission to Practice before the Courts
of West Virginia, contains ample guidance with respect to the practice and procedure
to be followed by the law student who appears before the Court.
Therefore, certified, and otherwise qualified law students are permitted to
appear before the Bankruptcy Court and render legal assistance to indigent or
"income-eligible" individuals under the terms and conditions set forth in Rule 6.000
of the West Virginia Rules for Admission to Practice as contained in the West Virginia
Code.
Cross Reference
Bankruptcy Rule 9010
LR Bk P 2.06. Actions of Clerk Authorized by Court.
(a) The Clerk of the Bankruptcy Court, or his authorized designee, may
reject for filing any petition, list, schedules, pleadings, claims, or other papers that
contain the following deficiencies, except that such rejection by the office of the
Clerk may be suspended, altered, or rescinded by the Court for cause shown:
1. Petitions.
A. Where not accompanied by the proper filing fee or an application
to pay in installments.
B. Where not accompanied by a properly completed mailing matrix.
C. Where offered for filing by an attorney not admitted to practice
before this Court.
D. Where not verified by signature of the attorney or not containing
an unsworn declaration with signature of all debtors.
E. Where two or more individuals are listed, or two or more entities
listed, except that married persons may file joint petitions.
2. Adversary Proceedings.
A. Where not accompanied by the proper filing fee.
B. Where not accompanied by a properly completed Proceeding
Cover Sheet [BC-104].
C. Where offered for filing by an attorney not admitted to practice
before this Court.
3. Claims.
A. Where the claim does not contain the caption of the case or the
case number.
B. Where not properly signed by the claimant or an authorized agent.
4. Motions and Other Pleadings.
A. Where offered for filing by an attorney not admitted to practice
before this Court.
B. Where offered for filing by a corporation or its agent or employee.
(b) Requests for Judicial Review.
Where a proponent of a proposed filing objects to any rejection to filing by the
Clerk or his designee, the proponent may request that the Clerk receive as lodged but
not filed the proposed filing. The proponent shall, by written motion, request judicial
review by the Court of the rejection and appropriate relief. Such motion for judicial
review shall be filed within seventy-two (72) hours of the rejected filing.
LR Bk P 2.07. Telephone Conferences.
For the convenience of the attorneys, the litigants, and the Court and in the
interest of cost and efficiency, wherever practicable the Court will conduct
conferences and hearings by telephone. The Clerk shall give notice of the time and
date of such telephonic conferences or hearings together with the names of the
participants. Unless otherwise directed, it shall be the duty of the proponent of a
motion, application, or other request to initiate such telephonic conference.
Article 3. Proceedings in Bankruptcy.
LR Bk P 3.01. Commencement of a Case.
A voluntary or involuntary case is commenced by filing a petition with the Clerk
of the Bankruptcy Court together with the required filing fee. A voluntary petition
shall conform substantially with Official Form No. 1 of the Bankruptcy Rules and the
involuntary petition shall conform substantially with Official Form No. 5. A separate
petition must be filed by each entity seeking an order for relief.
The Clerk shall refuse to file a corporate bankruptcy petition if the debtor is not
represented by an attorney.
Cross Reference
Official Forms No. 1 and No. 5
LR Bk P 3.07 (Filing Fees)
Comment
There are certain limited things which a corporation can do for itself
(e.g., file a proof of claim ... ). At the same time, a corporation is
prohibited from appearing in a case and practicing law. See, Rule 9010
of the Bankruptcy Rules, cases such as In re Las Colinas Development
Corp., 585 F.2d 7 (1st Cir. 1978), W. Va. Code Ann. 30-2-5, and
cases decided under West Virginia law, such as Frieson v. Isner, 285
S.E.2d 641 (W.Va. 1981) (collection agency representing third parties).
By this rule, the Court does not wish to discourage a corporation from
protecting its rights and, indeed, recognizes the practical considerations
with which the corporate entity is confronted. However, this Court is
mindful of the policy considerations underlying the subject prohibition
and is duty-bound to follow the law.
LR Bk P 3.02. Filing of Petitions and Mandatory Support Documents.
(a) Number of Copies.
In a case under Chapter 7, there shall be filed:
an original and two copies of the petition and all mandatory support
documents except for the mailing matrix, of which the original only shall
be filed and, for corporate debtors, the corporate resolution, of which
the original only shall be filed.
In a case under Chapter 11, there shall be filed:
an original and six copies of all documents except the mailing matrix, of
which the original only shall be filed, and, for corporate debtors, the
corporate resolution, of which the original only shall be filed.
In a case under Chapter 13, there shall be filed:
an original and two copies of all documents except the mailing matrix,
of which the original only shall be filed.
(b) Sequential Order for Filing Chapter 7 Petitions.
1. Chapter 7 Petition Page
2. Statement of Financial Affairs
3. Schedules A, B, C, D, E, F, G, H, I, J
4. Summary
5. Attorney Fee Disclosure Statement
6. Statement of Intent
Mailing Matrix - NOT ATTACHED TO PETITION
Corporate Resolution (when necessary)
(c) Sequential Order for Filing Chapter 13 Petitions.
1. Chapter 13 Petition
2. Chapter 13 Plan (if filed with petition)
3. Statement of Financial Affairs
4. Schedules A, B, C, D, E, F, G, H, I, J
5. Summary
6. Attorney Fee Disclosure Statement
7. Mailing Matrix - NOT ATTACHED TO PETITION
(d) Sequential Order of Filing Chapter 11 and Chapter 12 Petitions.
1. Petition Page
2. Exhibit A (if a corporation)
3. Corporate Resolution (when necessary)
4. Statement of Affairs
5. Supplement to Statement of Affairs (for Chapter 12 debtors)
6. Schedules A, B, C, D, E, F, G, H, I, J
7. Summary of Debts and Property
8. Attorney Fee Disclosure Statement
List of twenty (20) largest unsecured creditors
Mailing Matrix - NOT ATTACHED TO PETITION
9. List of Equity Security Holders
LR Bk P 3.03. Verification of Documents.
All petitions, lists, schedules, statements and amendments shall be verified
or contain an unsworn declaration pursuant to Bankruptcy Rule 1008.
Cross Reference
Bankruptcy Rule 1008
See also Rule 11, Fed. R. Civ. P.
LR Bk P 3.04. Cost of Preparation of Lists, Schedules, or Statements of Affairs by
Person Other Than Debtor.
If any list, schedule, or statement required to be prepared and filed under
Bankruptcy Rule 1007 is not timely prepared and filed, and if the Court orders the
trustee, petitioning creditors, creditors' committee, or other party to file the list,
schedule, or statement, such party who prepares it may make application to be
reimbursed by the debtor's estate as an administrative expenses.
LR Bk P 3.05. Deficiencies in Filing Petitions, Schedules, and Statement of Affairs.
The Clerk of the Bankruptcy Court may give notice to the debtor or debtor's
counsel of any material deficiencies in the documents filed, which deficiencies, if not
corrected, would impair the performance of the Clerk's duties under the Bankruptcy
Code and Rules. Failure to correct the deficiencies noted may be deemed sufficient
cause for the Court to dismiss the case.
LR Bk P 3.06. The Mailing Matrix.
(a) A Petition, upon filing, must be accompanied by a "scanable" mailing
matrix, typewritten on 8-1/2 inch by 11 inch paper, consisting of one column in the
center of the page, which shall minimally include the full names and addresses of the
following:
1. debtor(s)
2. debtor's counsel
3. [if the Internal Revenue Service is listed as a creditor]
Chief, Special Procedures Staff
Internal Revenue Service
P.0. Box 1040, Room 2301
Parkersburg, WV 26102-1040
4. [if the Federal Government is a creditor]
United States Attorney's Office
P.0. Box 591
Wheeling, WV 26003
5. [if State Tax Department is a creditor]
WV Department of Tax & Revenue
Bankruptcy Unit
P.0. Box 766
Charleston, WV 25323-0766
6. United States Trustee (or his representative)
7. All creditors
Cases filed under Chapter 11 shall include:
1. Shareholders
2. ATTN: Special Procedures Staff
Internal Revenue Service
P.O. Box 1040, Room 2301
Parkersburg, WV 26102-1040
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