LOCAL RULES
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LR 1. LOCAL RULES FOR
CIVIL ACTIONS
LR 1.1 Precedence
of the Federal Rules of Civil Procedure. In cases of conflict between these
Local Rules and the Federal Rules of Civil Procedure, except where the Federal
Rules of Civil Procedure permit variations by local rule, or in matters not
addressed by these Local Rules, the Federal Rules of Civil Procedure shall govern.
Whenever possible, the Local Rules and Federal Rules of Civil Procedure shall
be read consistently.
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2. CIVIL ACTIONS
LR
2.1 Six Divisions. The Southern District of Georgia consists of six divisions
as prescribed in Title 28, United States Code, Section 90. These are the Augusta,
Brunswick, Dublin, Savannah, Statesboro, and Waycross divisions.
(a) Venue - Resident
Defendant. All civil actions, not in rem, brought against a resident
of one of the six divisions of this district shall be brought and tried in the
division in which the defendant resides or in a division in which a substantial
part of the events or omissions giving rise to the claim occurred.
(b)
Venue - Multiple Defendants. Actions that are not in rem, brought against
persons who are residents of more than one division in this district, shall
be brought in the division in which a substantial part of the events or omissions
giving rise to the claim occurred. If the events or omissions giving rise to
the claim occurred outside of the district, the action may be brought in the
division containing any county of which any defendant is a resident.
(c) Venue
- Non-resident Defendant. If a substantial part of the events or omissions
complained of occurred in this district and no defendant is a resident of this
district, the action shall be brought in the division containing the county
in which a substantial part of the events or omissions occurred.
(d) Venue
- Corporations. For the purpose of this rule, a corporation shall be deemed
to be a resident of any county in which it is doing or transacting business.
(e)
Venue - United States as Defendant (Civil Actions). Actions brought against
the United States shall be brought in the division containing the county of
plaintiff's residence or in the division in which a substantial part of the
events or omissions giving rise to the claim occurred.
(f)
Venue - Actions of a Local Nature. Civil actions of an in rem nature
may be brought in any division in which any part of the property in issue is
located or seized.
LR
2.2 Division Filings. All pleadings and papers in all civil and criminal
cases in the Dublin and Augusta Divisions shall be filed with the Clerk of the
Court in Augusta, Georgia; all pleadings and papers in all civil and criminal
cases in the Savannah, Statesboro, and Waycross Divisions shall be filed with
the Clerk of Court in Savannah, Georgia; and all pleadings and papers in all
civil and criminal cases in the Brunswick Division shall be filed with the Clerk
of the Court in Brunswick, Georgia. Good cause being shown, pleadings and papers
in all civil and criminal cases pending within this district may be filed in
any divisional Clerk's office within this district; and, in such event, the
Clerk of the Court shall receive and mark the pleadings and papers filed and
promptly forward such pleadings and papers to the divisional office in which
the case is pending.
LR
2.3 Transfer of Civil Cases. By Order of the Court, any civil action may
be transferred for trial to any other place or division within the district.
LR
2.4 Assignment. Effective upon the appointment of the next United States
District Judge for this district, the official duty stations of the three active
Judges of this Court shall be as follows: One active District Judge shall have
as the official station, Augusta, and the official station of the other two
active Judges shall be Savannah. The question of assignment of business between
all judicial officers in the district will be addressed from time to time by
separate order of this Court.
LR 3. FILING ACTION
LR
3.1 Refiled Cases. Whenever an action or proceeding terminated by entry
of a notice or order of dismissal is refiled without a substantial change in
issues or parties, it shall be assigned or transferred to the Judge to whom
the original action or proceeding was assigned, unless otherwise ordered by
the Chief Judge. Whenever an action is filed which relates to property included
in, involves the same issues appearing in, or grows out of the same transaction
appearing in a case already pending in any court, the Clerk of Court should
be so informed. At the time of filing of the complaint, counsel shall file
a certificate in which counsel certifies that the action or proceeding is one
which has been refiled without a substantial change in issues or parties, or
one that is related to a case already pending in any court. A specimen of the
form to be used to comply with the provisions of this rule is in the Appendix
of Forms to this section of these Local Rules.
LR
3.2 Certificate of Interested Persons. A certificate will be furnished
by counsel for all private (non‑government) parties, both plaintiffs and
defendants, which shall be incorporated on the first page of each complaint
and answer, and which shall certify a full and complete list of all parties;
officers, directors, or trustees of parties; and all other persons, associations
of persons, firms, partnerships, subsidiary or parent corporations, or organizations
which have a financial interest in, or another interest which could be substantially
affected by, the outcome of the particular case. Should a merger or acquisition
occur during the pendency of litigation, counsel shall so notify the Court thereof
in writing. The form to be used to comply with the provisions of this rule
is in the Appendix of Forms to this section of these Local Rules.
LR 4. COMPLAINT--SERVICE
AND FILING
LR
4.1 Filing.
1.
The Clerk shall file a civil action only upon the presentation of: (a) the original
complaint and the appropriate filing fee, or the original complaint and an In
Forma Pauperis (IFP) petition (unless plaintiff has already been granted leave
to proceed IFP under 28 U.S.C. ' 1915 or an IFP petition has already been filed
and is still pending); (b) a completed summons where service is to be effected
(no summons is required where waiver of service is to be utilized); (c) copies
for each defendant and the assigned Judge; and (d) a completed civil action
cover sheet (Form JS‑44). If any of the requirements listed in (a)-(d)
is lacking, but a complaint has been presented, the Clerk shall mark the complaint
as to the date filed and promptly give notice of the omission to the filing
party. Failure to comply within twenty (20) calendar days of the date that
notice is served by the Clerk may result in dismissal by the Court.
2.
If a party fails to file a complaint, the Clerk shall mark whatever has been
presented as "received," and it is up to the party to comply with
Fed. R. Civ. P. 3 ("A civil action is commenced by filing a complaint with
the court."). A civil action is not timely filed, for statute of limitations
purposes, until the filing of the original complaint and appropriate filing
fee or the original complaint and an IFP petition. "IFP petition"
means a petition for leave to proceed without payment of prescribed fees (i.e.,
in forma pauperis). Filing by facsimile or other electronic means is prohibited,
except when authorized by a judge of this Court.
LR
4.2 Effect of In Forma Pauperis Petition. Where the plaintiff files a complaint
and an In Forma Pauperis (IFP) petition:
1.
The Clerk shall promptly forward the complaint, IFP petition and any other papers
to the Judge to whom it is assigned.
2.
If the assigned Judge denies the IFP petition, the plaintiff shall have twenty
(20) calendar days from the date of service of the order denying the IFP petition
to pay the appropriate filing fee. Failure to make timely payment will result
in dismissal of the complaint.
LR
4.3 Service of Process. It shall be the responsibility of the plaintiff
or plaintiff's attorney to effectuate prompt service of the summons and a copy
of the complaint or to obtain and file a signed waiver of service in accordance
with Rule 4 of the Federal Rules of Civil Procedure.
LR
4.4 Marshal Service. Personal service of process shall be made by the United
States Marshal only in the following instances:
(a)
when ordered by the Court;
(b)
when expressly required by statute or treaty; and
(c)
in condemnation proceedings, proceedings seeking writs of possession, writs
of execution, seizure, forfeiture, temporary restraining orders, judicial foreclosures,
summons enforcement actions, and other writs in aid of injunctive relief.
Service of process in criminal
matters shall be accomplished by the United States Marshal as provided by the
Federal Rules of Criminal Procedure.
LR
4.5 Personal Service of In Forma Pauperis Proceedings and Proceedings
Brought by a Seaman. In cases in which the plaintiff is authorized to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 or is authorized
to proceed as a seaman under 28 U.S.C. § 1916, unless personal service
by the Marshal is ordered by the Court, the Marshal may utilize any other form
of service or waiver authorized by Federal Rule of Civil Procedure 4.
