Georgia Southern District Court Local Rules

LOCAL RULES (continued)

LR 80 through 82. See Federal Rules of Civil Procedure 80 through 82.

LR 83. ATTORNEYS, COURT FACILITIES, AND BUSINESS - Amendments

ATTORNEYS -- GENERAL

LR 83.1 Roll of Attorneys. The bar of this Court shall consist of those persons heretofore admitted to practice in this Court and those who may hereafter be admitted in accordance with this rule.

LR 83.2 Eligibility. Any attorney who is a member in good standing of the State Bar of Georgia is eligible for admission to the bar of this Court.

LR 83.3 Procedure for Admission.

(a) Each applicant for admission to the bar of this Court shall file with the Clerk a written petition, on the form provided by the Clerk, setting forth his residence and office address, and the other courts to which he has been admitted to practice. The petition shall be signed by two members in good standing of the bar of this Court who recommend his admission.

(b) The Clerk shall furnish each petitioner with a set of instructions on the procedure for admission in the particular division of the Court where the petition is filed. A petition in the proper form will be presented to a judge of this Court. The petitioner will make suitable arrangements thereafter with the Clerk for his appearance and admission in open court or in chambers in accordance with the Court's instructions.

(c) When a petition is called, one of the members of the bar of this Court shall move the admission of the petitioner. When admitted, the petitioner shall take an oath in the following form:

I do solemnly swear or affirm that I will support the Constitution of the United States; that I will bear true faith and allegiance to the government of the United States; that I will maintain the respect due to the courts of justice and judicial offices; that I will well and faithfully discharge my duties as an attorney and officer of this Court; and that I will demean myself uprightly and according to the law and the recognized standards of ethics of the legal profession. So help me God.

(d) The petitioner, after taking the foregoing oath, will then sign the roll of attorneys in the division where admitted and will pay to the Clerk the prescribed enrollment fee.

LR 83.4 Permission to Practice in a Particular Case.

(a) Georgia bar members who reside in this district or maintain their principal place of business in this district shall not appear before this Court via pro hac vice admission, but instead must join this Court's bar, even to represent someone in one (or an occasional) case.

(b) Any attorney not subject to LR 83.4(a), but who is in good standing with the bar of another federal district court, may be permitted to appear and participate in a particular case before this Court, whether civil or criminal, with the prior approval of this Court, subject to the following conditions:

(1) pro hac vice counsel must designate, by a writing filed in the case in which appearance is sought, some willing member of this Court's bar upon whom motions and papers may be served. For that designation to be effective, such local counsel must enter a written appearance in the case.

(2) pro hac vice counsel also must: (i) certify, in a writing filed with this Court, membership in good standing of a federal district court; and (ii) file with the Clerk of this Court a certificate of good standing from that court.

(c) Any attorneys representing the United States Government, or any agency thereof, may appear and participate in particular actions or proceedings in an official capacity without a petition for admission, provided the attorney is a member of a federal district court's bar. Any such attorney so appearing shall certify to the Court in writing that he or she has read and is familiar with the local rules. Further, unless excused from doing so by the presiding judge, any such attorney shall be accompanied at hearings and trials by an Assistant United States Attorney of this district who shall also review and sign pleadings.

LR 83.5 Disbarment and Discipline.

(a) Any attorney who appears in a case or proceeding, or who represents a party in interest in a case or proceeding, may for good cause shown, and after notice and hearing, be disbarred, suspended from practice for a definite time, reprimanded, or subjected to such other discipline as the Court may deem proper.

(b) If any attorney appearing in a case or proceeding, or representing a party in interest in a case or proceeding, has been disbarred or suspended from the practice of law by the State Bar of Georgia or the courts of the State of Georgia or any other state, or has been convicted of a felony or any crime involving moral turpitude, such attorneys may be provisionally suspended forthwith from practice before this Court; and, unless good cause to the contrary is shown within thirty (30) days from the date of such suspension or conviction, an order of disbarment shall be entered.

(c) Any person who is not admitted to the bar of this Court or who has been disbarred or suspended, and who exercises in this Court any of the privileges as a member of its bar, or pretends to be entitled to do so, shall be in contempt of this Court and subjected to appropriate punishment.

(d) The standards of professional conduct of attorneys appearing in a case or proceeding, or representing a party in interest in such a case or proceeding, are governed by the Georgia Bar Rules of Professional Conduct and the American Bar Association's Model Rules of Professional Conduct. When a conflict arises, the Georgia Bar Rules of Professional Conduct shall control. A violation of any of these rules in connection with any matter pending before this Court may subject the attorney to appropriate disciplinary action.

(e) The notice of hearing for any proceeding to be conducted under subparagraph (a) of this Rule shall include the specifications of charges and complaints against any member of the bar considered by the Court for disciplinary action, the time by which a response thereto shall be made, and the time, date and place of any hearing therein.

(f) Any disciplinary proceedings under this Rule shall be closed except that the Court may, in its discretion, open to the public any such proceeding when justice so requires or when the subject of any disciplinary action so requests.

(g) Where in a matter pending before an Article I Judge it appears that any attorney appearing in case or proceeding, or representing a party in interest in such case or proceeding, has violated any of the rules referred to in subparagraph (d), the Article I Judge may initiate a proceeding in conformity with subparagraphs (a) and (d) through (f) of this Rule, may terminate the proceeding at any stage when the question raised is unsupported or unsubstantiated, and, if the proceeding is not terminated, shall at the conclusion of the proceeding submit to the Chief Judge of this Court proposed findings of fact and, where appropriate, a recommendation for the discipline of the offending member.

The Article I Judge shall file his proposed findings and recommendations with the Court under seal and a copy thereof shall forthwith be mailed by the Clerk to the subject of the disciplinary action, who shall have ten days after service to file written objections to the proposed findings and recommendations.

The Chief Judge of the District Court, or a District Judge designated by him, shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings and recommendations made by the Article I Judge. The Chief Judge or his designee may also receive further evidence or recommit the matter to the Article I Judge with instructions.

This local rule is not intended to limit the power of the Article I Judge to exercise such criminal and civil contempt authority as conferred by Statute or Rule.

(h) Any disbarred or suspended attorney who wishes to be readmitted to practice before this Court shall submit any readmission petition to the Chief Judge of this Court and include: (a) a detailed explanation of why he believes he is fit to practice before this Court; (b) an express reference to the Order disbarring or suspending the attorney and file and a copy of that Order; (c) an acknowledgment that the attorney has engaged in the conduct which led to the Order of disbarment or suspension; (d) affidavits from five current members of this Court’s bar who attest that the attorney is an ethical person of good moral character, good conduct, and professional responsibility; and (e) a request that a hearing be held before all the judges of this Court to consider the petition.

LR 83.6 Appearance by an Attorney.

(a) The filing of any pleadings shall, unless otherwise specified, constitute an appearance by the person who signs such pleading.

(b) An attorney representing a witness in any civil action or criminal proceeding, including a grand jury proceeding, or representing a defendant or prospective defendant in a grand jury proceeding, shall file a notice of appearance with the consent of the client endorsed thereon, with the Clerk on a form to be prescribed and furnished by the Court, except that the notice need not be filed when such appearance has previously been evidenced by the filing of pleadings in the action or proceeding. The notice shall be filed by the attorney promptly upon undertaking the representation and prior to the attorney's appearance on behalf of his client at any hearing or grand jury proceedings. When the appearance is in connection with a grand jury session, the notice of appearance shall be filed with the Clerk in such a manner as to maintain the secrecy requirements of grand jury proceedings. For the purpose of this rule, an attorney shall be deemed to be appearing for and representing a witness or party if he is present within the courthouse and advising such witness prior to entering the chambers of the grand jury or is interviewing witnesses of the grand jury before or after their appearance.

(c) Each attorney retained by defendants in criminal cases shall, within three (3) days after being retained, notify the Clerk in writing of his appearance as attorney of record and shall furnish a copy of said notice to the United States Attorney. Counsel becoming associated with counsel already of record in a criminal case or being substituted for counsel then of record in the case, upon being associated with or replacing counsel or upon being retained by a party or parties to the case, shall notify the Clerk in writing of his appearance in the case. Counsel so registered as counsel of record will not be relieved of such responsibility except upon order of the Court as hereinafter prescribed.

(d) Whenever a party has appeared by attorney, he may not thereafter appear or act in his own behalf in the action or proceeding, or take any step therein, unless an order of substitution shall first have been made by the Court, after notice to the attorney by such party and to the opposite party, provided, that the Court may hear a party in open court, notwithstanding the fact that he has appeared or is represented by an attorney.

(e) No attorney shall withdraw his appearance in any action or proceeding, either civil or criminal, except by leave of the Court as hereinafter prescribed.

(f) When an attorney dies, or is removed or suspended or ceases to act as such as hereinafter prescribed, a party to an action or proceeding for whom he was acting as attorney must, before any further proceedings are had in the action on his behalf, appoint another attorney or appear in person, unless such party is already represented by another attorney. Failure to so act or to so appear in person and to furnish his address to the Clerk shall constitute a default on his part.

(g) If an attorney for any party is examined as a witness in an action or proceedings, and gives testimony on the merits, he shall not argue the merits of the case or proceeding, either to the Court or jury, except with the permission of the Court.

(h) Only one attorney on each side shall examine or cross examine a witness, and not more than two (2) attorneys on each side shall argue the merits of an action or proceeding unless the Court shall otherwise prescribe.

LR 83.7 Withdrawal as Attorney of Record. Attorneys representing parties in any case, desiring to have their names stricken of record, shall so request one of the District Judges of this Court, in writing and in duplicate, through the Clerk of this Court, and shall disclose that such attorney has given due notice to his client of his intention to withdraw from the case, and shall specify the manner of such notice to the client, attaching copy of the notice. Such notice to the client shall be given at least ten (10) days prior to the request to the Court. Upon the filing of the request with the Clerk, a copy thereof shall forthwith be mailed to the client and within ten (10) days thereafter, such request shall be presented by the Clerk to the District Judge for his action thereon. Ordinarily, counsel will not be allowed to withdraw after pretrial if such withdrawal will delay the trial of the case, in which event the attorney shall continue as responsible for the handling of the case.

LR 83.8 Relations with Jury. All attempts to curry favor with juries by fawning, flattery, or pretending solicitude for their personal comfort are unprofessional. Suggestions of counsel, looking to the comfort or convenience of jurors and propositions to dispense with argument or peremptory challenges, should be made to the Court out of the presence of the jury or its hearing. Before and during the trial, a lawyer shall avoid conversing or otherwise communicating with a juror on any subject, whether pertaining to the case or not. No party, attorney, or other person shall, without Court approval, make or attempt any communication relating to any feature of the trial of any case with any regular or alternate juror who has served in such case, whether or not the case was concluded by verdict.

LR 83.9 Leaves of Absence. An application by an attorney for a leave of absence shall be in writing, listing all cases by name and number for which protection is desired by the attorney. Said application shall show that notice thereof has been given to opposing counsel in each of said cases. In the absence of prompt objection thereto, in writing, such leave may be granted as a matter of course.

LR 83.10 Disciplinary Actions. In any disbarment or disciplinary action brought against any member of the bar of this Court, the United States Attorney shall prosecute such action representing the bar of this Court.

LR 83.11 Indigent Representation -- Statement of Policy. The historic and present obligation of the bar to provide legal counsel and representation to those who cannot afford to pay is recognized and established as the policy of this Court. In years past, before the organization and funding of legal services corporations and the enactment of legislation providing payment for services in appointive criminal cases, many lawyers fairly and dutifully responded to the call for indigent representation. Increasingly, it is perceived that lawyers who regularly and frequently practice in this Court have no contact whatsoever with the indigent client in civil or criminal cases. This Court will not participate in or permit an abdication of the lawyer's fundamental responsibility to provide legal services to indigents. It is observed that such services are more effective and produce greater professional fulfillment when provided voluntarily rather than compulsorily. All members of the bar of this Court who possess the mental and physical ability, regardless of age, are expected to provide legal services, on occasion, to indigents. See also, LCrR 44.1.

The roll of attorneys as provided to the judicial officers by the Clerk's Office shall constitute the "panel of attorneys" as that term is used in the Plan for the Implementation of the Criminal Justice Act of 1964, As Amended, which plan is a public record available at each divisional office of the Clerk of this Court.

In making appointments for attorneys to represent indigent in criminal or civil cases, the Magistrates Judges, the Clerk, and the District Judges shall consider the frequency of the appearances of lawyers in civil or criminal cases in this Court without regard to the residency or principal office maintained by the lawyer. Those lawyers whose appearances predominate in a particular division shall be given preference for appointments in such division, but shall be subject to appointment to a case in any division of this Court.

ATTORNEYS -- GUIDELINES FOR COURTROOM CONDUCT

These instructions are designed to promote uniformity and proper decorum in the courtroom practice of this district. Members of the bar should adhere to these instructions to the maximum practical extent.

LR 83.12 Examination of Witnesses and Argument.

(a) Counsel should conduct examination of witnesses from the lectern or the counsel table.

(b) Do not approach a witness without asking permission of the Court. When permission is granted for the purpose of working with an exhibit, resume the examination from the table or lectern when finished with the exhibit.

(d) During opening statement and argument, counsel should stand at the lectern or table unless the Court grants permission to approach another area for a proper purpose.

LR 83.13 Objections to Questions.

(a) When objecting, state only that you are objecting and specify the ground or grounds of objection. Do not use objections for the purpose of making a speech, recapitulating testimony, or attempting to guide the witness.

(b) Argument upon the objection will not be heard until permission is given or argument is requested by the Court.

LR 83.14 Decorum.

(a) Colloquy or argument between attorneys is not permitted. Address all remarks to the Court.

(b) In a jury case, if there is an offer of stipulation, first confer with opposing counsel about it.

(c) Do not ask the reporter to mark testimony. All requests for re‑reading of questions or answers shall be addressed to the Court.

(d) Counsel during trial shall not exhibit familiarity with witnesses, jurors, or opposing counsel. The use of first names is to be avoided. During arguments, no juror should be addressed individually or by name.

(e) During the argument of opposing counsel, remain seated at the counsel table and be respectful. Never divert the attention of the Court or the jury.

LR 83.15 The Witness.

(a) Witnesses shall be treated with fairness and consideration; they shall not be shouted at, ridiculed, or otherwise abused.

(b) No person shall ever by facial expression or other conduct exhibit any opinion concerning any testimony which is being given by a witness. Counsel should admonish their clients and witnesses about this common occurrence.

LR 83.16 Court Hours and Promptness.

(a) The Court makes every effort to commence proceedings at the time set. Promptness is expected from counsel and witnesses.

(b) If a witness was on the stand at a recess or adjournment, have the witness on the stand ready to proceed when Court is resumed.

LR 83.17 Doctors and other Professional Witnesses -- Out of Sequence. The Court attempts to cooperate with physicians, engineers, and other professional witnesses and will, except in extraordinary circumstances, accommodate them by permitting them to be put on out of sequence. Anticipate any such possibility and discuss it with opposing counsel. If there is objection, confer with the Court in advance.

LR 83.18 Exhibits.

(a) Each counsel shall keep a list of all exhibits.

(b) Whenever possible, have photocopies of an exhibit for the Court, opposing counsel, and the witness.

(c) Each counsel is responsible for any exhibits which he secures from the Clerk. At each noon-time or end-of-the-day adjournment, return all exhibits to the Clerk.

(d) Documents and other exhibits, where practical, should be tagged as exhibits and shown to opposing counsel before their use in court.

(e) Exhibits should be pre‑marked and tagged before identification in open court. When referring to the exhibit, counsel should briefly describe its nature for the record.

(f) Ordinarily, exhibits should be offered in evidence when they become admissible rather than at the end of counsel's case.

(g) When counsel or witnesses refer to an exhibit, mention should also be made of the exhibit number so that the record will be clear.

(h) Where maps, diagrams, pictures, etc. are being used as exhibits, and locations or features on such documents are being pointed out by witnesses or counsel, such locations should be indicated by appropriate markings on the documents if not readily apparent from the documents themselves. Unnecessary markings should be avoided. Markings on exhibits should only be made after receiving the Court's permission to do so.

(i) Where several exhibits are contained within an envelope, package or box, mark the container as exhibit 1, for example, and the others as exhibit 1-A, 1-B, etc.

(j) At pretrial conference, attorneys are given a form for a list of exhibits and exhibit tags. These forms are to be copied to provide as many copies as needed. On the day of trial, deliver three copies of the exhibit list to the Clerk. (For unusual exhibits, contact the Courtroom Deputy Clerk for instructions).

LR 83.19 Difficult Questions -- Advance Notice. If you have reason to anticipate that any question of law or evidence is difficult or will provoke an argument, give the Court advance notice.

LR 83.20 Depositions -- Filing and Use during Trial.

(a) All depositions which are used in the trial, either as evidence or for impeachment, must be signed and filed before the trial commences.

(b) Portions of depositions used for impeachment may be read to the jury during the cross‑examination, with pages and lines indicated for the record before reading. However, prior to reading, the witness should be shown the pages and lines and permitted to read them to himself.

LR 83.21 Use of Answers to Interrogatories and Requests for Admission. Where there has been extensive discovery and counsel expects to offer answers to interrogatories or requests for admissions extracted from several separate documents, a document showing such question and answer or admission shall be prepared with copies for the Court and opposing counsel. This eliminates the time‑consuming process of thumbing through extensive files to locate the particular items.

LR 83.22 Opening Statements. Confine your opening statements to what you expect the evidence to show. It is not proper to use the opening statement to argue the case or instruct as to the law.

COURT FACILITIES AND BUSINESS

LR 83.23 Prohibited and Permitted Conduct. The taking of photographs and operating of tape recorders in the courtroom or its environs and radio or television broadcasting from the courtroom or its environs during the progress of or in connection with judicial proceedings, including proceedings before a United States Magistrate Judge, Bankruptcy Judge, or Administrative Law Judge, whether or not court is actually in session, are prohibited. A Judge may, however, permit (1) the use of electronic or photographic means for the presentation of evidence or the perpetuation of a record, and (2) the broadcasting, televising, recording, or photographing of investiture, ceremonial, or naturalization proceedings.

LR 83.24 Environs. The courtroom and its environs, as such terms are used in Local Rule LR 83.23, shall include any portion of any United States courthouse building and the exterior steps to such buildings, and parking areas adjacent to such buildings if such areas are owned by the United States Government. Where the interest of justice or public safety may so require, the Court may direct the Marshal to extend the environs of the courtroom, as such term is contemplated in Local Rule LR 83.23, to the curb or edge of the public streets or thoroughfares adjacent to any United States courthouse building.

LR 83.25 Exceptional Situations. At the request of the United States Marshal or the United States Attorney, the Court may direct other limitations on photography and broadcasting to maintain the secrecy of grand jury proceedings, to protect jurors and witnesses, and to further the interest of justice in unusual, hazardous, or inflammatory circumstances.

LR 83.26 Purpose and Excluded Areas. It is the purpose of Local Rule LR 83.23 to preserve and protect the dignity and solemnity of court proceedings, to promote public safety, and to facilitate access to court functions by the public and court officers. Nothing herein contained shall be construed unreasonably so as to restrict the constitutional rights of any individual. The environs of the courtroom as defined in Local Rule LR 83.24 shall not include the office area of any elected official within any United States courthouse, nor shall it include the office area of any other agency within such buildings where photography, broadcasting, and recording has been invited or authorized by the person in charge thereof with respect to a matter which is unrelated to court proceedings.

LR 83.27 Security. When magnetometers are deemed necessary by a Judge of this district and placed into operation by the United States Marshal Service, it will be required that all persons entering a facility so protected be cleared through the magnetometer prior to being granted access.

Federal employees and agents may be granted access upon production of valid government identification or personal recognition by the Court Security Officer (CSO) or Marshal. All briefcases, packages, and purses will be inspected if they fail to clear the magnetometer.

LR 83.28 Release of Information by Courthouse Personnel. All courthouse supporting personnel, including but not limited to the United States Marshal and his deputies, the Clerk and his deputies, the Probation Officer and probation clerks, bailiffs, court reporters, and any employees or subcontractors retained by the official court reporters, are prohibited from disclosing to any person, without authorization from the Court, any information relating to a pending grand jury proceeding, criminal case, or civil case that is not part of the public record of the Court. The public record of each case shall be those materials which are contained in the court's official file as maintained by the Clerk except such parts thereto as may be sealed, secret, impounded or specially set aside for in camera inspection. This prohibition specifically applies to grand jury proceedings, and to in camera arguments and hearings held in chambers or otherwise outside the presence of the public. Pleadings received by the Clerk relating to plea bargains shall not be made a part of the public record until trial has commenced. Courthouse personnel contact with media representatives regarding official court business shall be limited to providing them access and copies of the public record to which the general public is entitled, and to no other commentary, opinion, or assistance.

LR 83.29 Judicial Proceedings--Special Cases. In a widely publicized or sensational criminal case, the Court, on motion of either party or on its own motion, may issue a special order governing such matters as extrajudicial statements by parties and witnesses which are likely to interfere with the rights of the accused to a fair trial by an impartial jury, the seating and conduct in the courtroom of spectators and news media representatives, the management and sequestration of jurors and witnesses, and any other matters which the Court may deem appropriate for inclusion in such order.

LR 83.30 Only For Court Business. The various courtrooms of the United States District Court are solely for trials, hearings and transaction of other court business. The courtrooms will not be utilized for any other purpose unless approved by a Judge of this Court.

LR 83.31 No Weapons Allowed. No persons including law enforcement officers, except the United States Marshal and his duly assigned deputy Marshals, and federal protective officers on assignment or upon call, shall wear or bring any firearm or other weapon into the courtroom of any United States Courthouse or federal building in the Southern District of Georgia unless specifically authorized to do so by a Judge of this Court. Any firearm or weapon shall be checked with the Marshal. A willful failure to comply with this rule shall subject the offender to a rule for contempt and such offender may be subjected to appropriate disciplinary action by the Court.

LR 83.32 Transcripts. All orders to an official court reporter for the transcription of the record or any portion thereof in all cases, including depositions, shall be in writing, signed by lead counsel for the party ordering such transcription, and filed with the record. The party ordering such transcript, except in CJA cases, cases proceeding in forma pauperis, or cases in which the government is the party ordering such transcription, shall pay to the reporter, in advance, the reasonable estimate of the cost of such transcription as made by the court reporter.

LR 83.33 Compensation. The compensation of an official court reporter shall be as established by order from time to time, pursuant to the authority of the Judicial Conference of the United States.

End of Civil Rules

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