LOCAL RULES (continued)

LR 55.  See Federal Rule of Civil Procedure 55.

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LR 56.  SUMMARY JUDGMENT

jLR 56.1 Motions for Summary Judgment. Upon any motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, in addition to the brief, there shall be annexed to the motion a separate, short, and concise statement of the material facts as to which it is contended there exists no genuine issue to be tried as well as any conclusions of law thereof.  Each statement of material fact shall be supported by a citation to the record.  All material facts set forth in the statement required to be served by the moving party will be deemed to be admitted unless controverted by a statement served by the opposing party. Response to a motion for summary judgment shall be made within twenty (20) days of service of the motion. See LR 7.5.

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LR 57.  See Federal Rule of Civil Procedure 57.

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LR 58.  JUDGMENT -- REMITTITUR

kjLR 58.1 Civil Cases. Upon receipt of a remittitur from the appellate court in civil cases, when the judgment of this Court has been affirmed or the appeal dismissed, the Clerk shall immediately file the remittitur and so notify counsel of record and pro se parties.

kjLR 58.2 Making Remittitur Judgment of this Court. Upon receipt of a remittitur from the appellate court in a civil or criminal case, the Clerk shall immediately present a proposed order to the Court making the remittitur the judgment of this Court. The Clerk shall notify counsel or the parties of the entry of said order, and they shall promptly prepare and present to the Court such other orders as may be required in the premises .

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LR 59 through 66.  See Federal Rules of Civil Procedure 59 through 66.

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LR 67.  REGISTRY OF THE COURT

jkjLR 67.1 Deposit and Disbursement Funds. All orders concerning the deposit of money into this Court or the disbursement of such money shall be personally served on the Clerk of this Court by the prevailing party.

jkLR 67.2 Registry. All funds in excess of $500.00 tendered to the Clerk of this Court for deposit into the Registry shall be deposited into an interest‑bearing account previously negotiated and at a set interest rate previously approved by the Court.

jkLR 67.3 Orders for Deposit of Funds into the Registry. Any order obtained by a party or parties in a civil action that directs the Clerk to deposit said funds into the Registry or any other interest‑bearing account or instrument pursuant to 28 U.S.C. § 2041 shall include the following:

kjk(a) The amount to be invested;

j(b) Wording which directs the Clerk to deduct a fee from the income earned on the deposit. This fee shall be on all funds invested at interest in the Registry of this Court, including criminal‑bond money deposited at interest. The amount of the fee shall be ten (10%) percent of the income earned regardless of the nature of the case underlying the investment. The collection of said fee shall be at the time any distribution of funds is made by the Clerk of Court by a valid order of this Court, and without the necessity of any further order of this Court. This fee shall be effective beginning with the deposit of funds on or after December 1, 1990.

jkj(c) Any deposit into the Registry or any other interest‑bearing account or instrument without an order for deposit as stated in (b) above will be so deposited as to comply with the deduction of a fee as set out in (b) above.

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LR 68 through 71.  See Federal Rules of Civil Procedure 68 through 71.

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this page last updated on:
05/13/2008 3:35 PM