LOCAL RULES (continued)
LR 27 through 29. See Federal Rules of Civil Procedure 27 through 29.
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to TopLR 30. DEPOSITIONS
LR
30.1 Objections to Depositions. The specific portions of depositions that
are expected to be used by any party at trial shall be identified by page and
line number in the proposed pretrial order. Any objections by any party to
any deposition or portion thereof shall be submitted in writing at the time
of the pretrial conference, stating the page and line number objected to and
the reason for the objection.
LR
30.2 Minuscript Depositions. Absent an objection for good cause, a party
may file a "minuscript"
deposition or portion thereof in connection with any motion or response to a
motion. Should it be necessary to use a deposition at trial, the entire original
deposition shall be filed with the Clerk prior to trial.
LR 31 through 38. See Federal Rules of Civil Procedure 31 through 38.
LR 36. Requests for
Admission. Requests for admission shall not exceed 25 in number, including
all discrete subparts, absent leave of the Court or consent of the responding
party.
LR 39. JURY TRIAL
LR
39.1 Presence of Counsel During Trials. In all jury cases, it shall be the
duty of counsel to be present at all portions and phases of trial including
the time during which the jury is considering its verdict, unless excused by
the Court. It shall not be the duty of the Court or court officials to telephone
or notify counsel after the jury has retired to consider the verdict.
LR 40. TRIALS AND
HEARINGS
LR
40.1 Continuances. A continuance of any trial, pretrial conference, or other
hearing will be granted only on the basis of exceptional circumstances.
LR
40.2 Absence of Witnesses. Motions for continuance on account of the absence
of any witness must show steps which have been taken to secure the attendance
of the witness, the nature of his testimony, and when the witness will be available,
and unless waived by the Court, must include a certificate of a doctor where
illness is claimed. The stipulation of the adversary as to the witness' testimony
shall be sufficient reason for denial of the motion for continuance.
LR
40.3 Civil Calendars. Cases shall be placed upon the civil trial calendars
of this Court after the expiration of the discovery period as outlined in Local
Rule LR 26.1.
LR 41. DISMISSAL OF
ACTION
LR
41.1 For Want of Prosecution. In the following instances and in other instances
provided by law or court rules, the assigned Judge may, after notice to counsel
of record, sua sponte, or on motion of any party, dismiss any action
for want of prosecution, with or without prejudice:
(a)
Failure to permit or provide discovery within the time set forth in an order
compelling discovery;
(b)
Willful disobedience or neglect of any order of the Court; or
(c)
Any other failure to prosecute a civil action with reasonable promptness.
LR
41.2 By the Clerk. In civil cases, the Clerk of Court is authorized and
directed to grant, sign, and enter orders of dismissal under Rule 41(a)(1) of
the Federal Rules of Civil Procedure.
LR 42 through 46. See Federal Rules of Civil Procedure 42 through 46.
LR 47. JURORS -- SELECTION
LR
47.1 Selection and Qualification. Prospective jurors shall be selected and
qualified and jury panels shall be drawn pursuant to the Jury Selection and
Service Act of 1968 as amended, Title 28 U.S.C. §§ 1961 et seq.,
and the current Jury Plan of this Court, which plan is of record in each divisional
office of the Clerk of this Court.
LR 48. NUMBER OF JURORS
LR
48.1 Juries--Jury Trials. All civil actions shall be tried to a jury of
six members and challenges shall be in accordance with Title 28 U.S.C. §
1870, unless all parties join in a written demand that the case be tried to
a jury of twelve members. Such demand shall be filed on or before the time of
the pretrial conference. All criminal cases shall be tried before a jury of
twelve members unless waived, in accordance with Rule 23 of the Federal Rules
of Criminal Procedure. Challenges shall be in accordance with Rule 24 of the
Federal Rules of Criminal Procedure.
LR 49 through 50. See Federal Rules of Civil Procedure 49 through 50.
LR 51. JURY INSTRUCTIONS
LR
51.1 Requests to Charge. Requests to charge upon all issues in the case
shall be prepared by counsel. Each request shall be numbered. One copy of such
requests shall be served upon opposing counsel. The original and one copy of
requests to charge shall be filed with the Clerk of Court. Requests to charge
shall cite appropriate legal authorities supporting them. All requests to charge
shall be submitted as required herein at the opening of the trial or at such
other time as the assigned Judge may direct. Requests to charge shall be prepared
on letter size (8 1/2 x 11) white, unlined paper.
LR 52. See Federal Rule of Civil Procedure 52.
LR 53. SPECIAL MASTER
LR
53.1 Special Master References.
(a)
A Magistrate Judge may serve as a special master subject to the procedures and
limitations of 28 U.S.C. § 636(b)(2) and Rule 53 of the Federal Rules of
Civil Procedure;
(b)
Where the parties consent, a Magistrate Judge may serve as a special master
in any civil case.
LR 54. COSTS
LR
54.1 Time Limit. A bill of costs must be filed by the prevailing party
within thirty (30) days after the entry of the judgment or other final order
or decree.
LR
54.2 Attorney's Fees. If a final judgment, including a judgment made final
under Federal Rule of Civil Procedure 54(b), does not determine (or establish
other procedures for determining) the amount of attorney's fees which are
authorized by statute to be awarded by the Court to or on behalf of a prevailing
party or which may be sought under the equitable or inherent powers of the
Court, the following procedures shall apply:
(a)
The award of such fees (and expenses incident thereto not ordinarily allowable
as taxable costs) shall be requested by special written motion addressed to
the Court and shall not be included in a cost bill, in a motion for taxation
or retaxation of costs, or in a motion under Federal Rules of Civil Procedure
50(b), 52(b) or 59.
(b)
The motion shall be filed pursuant to Federal Rule of Civil Procedure 54(d)(2)
with the Clerk of the Court and served under Federal Rule of Civil Procedure
5 upon the parties against whom the award is sought.
(c)
Within 30 days (or such other period as the Court may prescribe) after entry
of the final judgment, the movant shall file and serve a detailed specification
and itemization of the requested award, with appropriate affidavits and other
supporting documentation.
(d)
Hearings on the motion shall be conducted by the Court in accordance with
Federal Rules of Civil Procedure 43(e) and 78 and with applicable statutory
and decisional standards and principles.
(e)
Pendency of a motion filed under this rule does not extend the time for appealing
from, or for filing a motion under, Federal Rules of Civil Procedure 50(b),
52(b), or 59 directed to the judgment giving rise to the claim for attorney's
fees, but may be taken into consideration by the Court in ruling on a motion
for extension of time for appealing filed under Federal Rule of Appellate
Procedure 4(a)(5).
