CIVILLOCAL RULES OF PRACTICE

UNITED STATES DISTRICT COURTDISTRICT OF SOUTH DAKOTA

10/15/2013

Table of Contents

Judges.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

Magistrate Judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi

DIVISIONS OF DISTRICT OF SOUTH DAKOTA.. . . . . . . . . . . . . . . . . . . . . . . 1

INDIVIDUAL CALENDARS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

LOCAL RULE NUMBERING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1.1 SCOPE OF THE RULES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A. Citation Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1B. Scope and Effective Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1C. Relationship to Prior Rules; Actions Pending on Effective Date. . 2

5.1 SERVING AND FILING PLEADINGS AND OTHER PAPERS. . . . . . . . . . . . 2A. Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2B. Filing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

5.2 PRIVACY PROTECTION FOR FILINGS MADE WITH THE COURT. . . . . . . 4

7.1 MOTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A. Motions to Seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4B. Required Written Brief. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5C. Oral Argument. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

10.1 IDENTIFICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

15.1 MOTIONS TO AMEND PLEADINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

16.1 SCHEDULING CONFERENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

26.1 FILING OF DISCOVERY MATERIALS. . . . . . . . . . . . . . . . . . . . . . . . . . . 7

26.2 PRESERVATION AND DISPOSAL OF DEPOSITIONS.. . . . . . . . . . . . . . . 7

26.3 MEETING OF PARTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

29.1 STIPULATIONS MADE IN OPEN COURT OR WRITING. . . . . . . . . . . . . . 7

37.1 CONDITIONS FOR DISCOVERY MOTIONS. . . . . . . . . . . . . . . . . . . . . . . 8

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39.1 TRIALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8A. Opening Statements in Jury Trials. . . . . . . . . . . . . . . . . . . . . . . 8B. Number of Attorneys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8C. Motions During Trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

40.1 CONTINUANCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8A. Court Approval Required.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8B. When Witness Absent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

43.1 EXHIBITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A. Marking of Exhibits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9B. Custody of Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9C. Custody with Offering Party. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9D. Biological Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9E. Substitution of Photographs for Exhibits. . . . . . . . . . . . . . . . . . . 9F. Disposition of Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10G. Record of Withdrawal or Destruction.. . . . . . . . . . . . . . . . . . . . . 10H. Unsafe or Dangerous Exhibits.. . . . . . . . . . . . . . . . . . . . . . . . . . 10

43.2 TAKING TESTIMONY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

47.1 EXAMINATION OF POTENTIAL JURORS . . . . . . . . . . . . . . . . . . . . . . . . 10

47.2 QUESTIONING OF JURORS AFTER TRIAL. . . . . . . . . . . . . . . . . . . . . . . 10

48.1 NUMBER OF JURORS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

51.1 JURY INSTRUCTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10A. Required Pretrial Filing of Instructions. . . . . . . . . . . . . . . . . . . . 10B. Form of Instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11C. Service of Instructions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

53.1 ALTERNATIVE DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . 11

54.1 TAXATION OF COSTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11A. Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11B. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11C. Attorney’s Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

56.1 MOTION FOR SUMMARY JUDGMENT. . . . . . . . . . . . . . . . . . . . . . . . . . 12A. Moving Party’s Required Statement of Material Facts.. . . . . . . . . 12B. Opposing Party’s Required Statement of Material Facts. . . . . . . . 12C. Use of Documentary Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . 12D. Effect of Omission: Sanction. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

58.1 APPELLATE JUDGMENTS, ORDERS, AND MANDATES. . . . . . . . . . . . . 12

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65.1 MOTIONS FOR PRELIMINARY AND PERMANENT INJUNCTION. . . . . . . 12

67.1 REGISTRY FUND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

68.1 SETTLEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

77.1 OFFICE OF THE CLERK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13A. Official Station. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13B. Deputy Stations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

83.1 MEDIA COVERAGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

83.2 CELL PHONES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

83.3 ATTORNEYS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13A. Bar of the Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13B. Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13C. Procedure for Admission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13D. Oath of Admission.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14E. Appearance of Attorney Pro Hac Vice.. . . . . . . . . . . . . . . . . . . . . 14F. Attorneys for the United States and Federal Public Defender.. . . 15G. Disbarment and Discipline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15H. Reinstatement of Disbarred and Suspended Attorneys. . . . . . . . 16I. Law Students. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

83.4 ASSIGNMENT OF OFFICIAL REPORTERS. . . . . . . . . . . . . . . . . . . . . . . 19

83.5 FORM OF PAPERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

83.6 REMOVAL OF FILES OR WITHDRAWAL OF PAPERS. . . . . . . . . . . . . . . 19A. Temporary Removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19B. Permanent Withdrawal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

83.7 CLERK’S FEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19A. Filing Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19B. Miscellaneous Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20C. Refusal to File by the Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20D. Citation for Non-Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

83.8 MARSHALS FEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20A. Prepayment of Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20B. USM Form 285. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

83.9 WITHDRAWAL OF COUNSEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20A. In General.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20B. Withdrawal With Substitution. . . . . . . . . . . . . . . . . . . . . . . . . . . 20C. Withdrawal Without Substitution. . . . . . . . . . . . . . . . . . . . . . . . 20

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83.10 WRITS OF HABEAS CORPUS AND MOTIONS PURSUANT TO 28 U.S.C.§ 2255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21A. Filing Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21B. In Forma Pauperis Certification.. . . . . . . . . . . . . . . . . . . . . . . . . 21C. Assignment of Judicial Officer. . . . . . . . . . . . . . . . . . . . . . . . . . . 21

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UNITED STATES DISTRICT COURTDISTRICT OF SOUTH DAKOTA

District Judges:

Jeffrey L. VikenChief JudgeAndrew W. Bogue Federal Building andUnited States Courthouse515 Ninth Street, Room 318Rapid City, SD 57701605-399-6050

Roberto A. LangeUnited States District JudgeP.O. Box 7147Pierre, SD 57501605-945-4610

Karen E. SchreierUnited States District Judge400 South Phillips Ave., Room 233Sioux Falls, SD 57104605-330-6670

Charles B. KornmannUnited States District Judge102 Fourth Ave., SE, Room 408Aberdeen, SD 57401605-377-2600

Lawrence L. PiersolUnited States District Judge400 South Phillips Ave., Room 202Sioux Falls, SD 57104605-330-6640

John B. JonesUnited States District Judge400 South Phillips Ave., Room 303Sioux Falls, SD 57104

Magistrate Judges:

John E. SimkoUnited States Magistrate Judge400 South Phillips Ave., Room 119Sioux Falls, SD 57104605-330-6650

William D. GerdesUnited States Magistrate Judge104 South Lincoln, Room 111P.O. Box 1239Aberdeen, SD 57401605-622-1200

Mark A. MorenoUnited States Magistrate JudgeP.O. Box 7147Pierre, SD 57501605-945-4620

Veronica L. DuffyUnited States Magistrate JudgeAndrew W. Bogue Federal Buildingand United States Courthouse515 Ninth Street, Room 312Rapid City, SD 57701605-399-6030

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Clerk:

Joseph A. HaasClerk of Court400 South Phillips Ave., Room 128Sioux Falls, SD 57104605-330-6600 605-330-6601 (fax)

Divisional Office at Rapid City:

Andrew W. Bogue Federal Building and United States Courthouse515 Ninth Street, Room 302Rapid City, SD 57701605-399-6000605-399-6001 (fax)

Divisional Office at Pierre:

P.O. Box 7147Pierre, SD 57501605-945-4600605-945-4601 (fax)

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DIVISIONS OFDISTRICT OF SOUTH DAKOTA

The State of South Dakotaconstitutes one judicial district dividedinto four divisions for purposes of caseassignment. (28 U.S.C. § 122):

(1) The NORTHERN DIVISIONcomprises the counties of Brown,Campbell, Clark, Codington, Corson,Day, Deuel, Edmunds, Grant, Hamlin,McPherson, Marshall, Roberts, Spink,and Walworth.

The place of holding court isAberdeen.

(2) The SOUTHERN DIVISION comprises the counties of Aurora,Beadle, Bon Homme, Brookings,Brule, Charles Mix, Clay, Davison,Douglas, Hanson, Hutchinson,Kingsbury, Lake, Lincoln, McCook,Miner, Minnehaha, Moody, Sanborn,Turner, Union, and Yankton.

The place of holding court is SiouxFalls.

(3) The CENTRAL DIVISIONcomprises the counties of Buffalo,Dewey, Faulk, Gregory, Haakon,Hand, Hughes, Hyde, Jerauld, Jones,Lyman, Mellette, Potter, Stanley, Sully,Todd, Tripp, and Ziebach.

The place of holding court isPierre.

(4) The WESTERN DIVISIONcomprises the counties of Bennett, Butte, Custer, Fall River, Harding,Jackson, Lawrence, Meade,Pennington, Perkins, and Shannon.

The place of holding court is RapidCity.

INDIVIDUAL CALENDARS

The court operates on an individualcalendar system. Each judge in serviceassumes responsibility for the cases,both civil and criminal, randomlyassigned to him/her. The chief judgewill assign responsibility for cases notrandomly assigned or in the event of arecusal. The schedule in each case isfixed by court order. All preliminarymotions will be heard insofar aspracticable by the judge or magistratejudge assigned to the case in question.Inquiries as to motions or othermatters having to do with a particularcase may be addressed to the clerk atSioux Falls, Rapid City, or Pierre, asappropriate, for the attention of thejudge who is assigned to the case.

LOCAL RULE NUMBERING

These local rules have beennumbered consistently with the FederalRules of Civil Procedure and theconventions of the United StatesJudicial Conference’s Local RuleProject. Generally, the number of eachof the local rules is dictated by thenumber of the corresponding rule inthe Federal Rules of Civil Procedure.

LR 1.1 SCOPE OF THE RULES

A. Citation Form. The local civil rulesare to be cited as “D.S.D. Civ. LR .”

B. Scope and Effective Date. Thelocal civil rules govern all civilproceedings in the District of

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SouthDakota to the extent they arenot inconsistent with any statuteor law of the United States or anyrule or order of the Supreme Courtof the United States and becomeeffective on January 1, 2013.

C. Relationship to Prior Rules;

Actions Pending on EffectiveDate. These rules supersede allprevious rules promulgated by thiscourt or any judge of this court.They will govern all applicable civilproceedings brought in this courtafter they take effect. They also willapply to all proceedings pending atthe time they take effect, except tothe extent that, in the opinion ofthe court, the application thereofwould not be feasible or wouldwork injustice, in which event theformer rules will govern. Any judgemay establish and enforcestandard operating procedures notin conflict with these local rules orthe Federal Rules of CivilProcedure.

LR 5.1 SERVING AND FILINGPLEADINGS AND OTHER PAPERS

A. Service.

1. Consent to electronicservice. All attorneys,including attorneys admittedpro hac vice and attorneysauthorized to represent theUnited States, must registerwith the court’s electronicfiling system. Attorneys maypetition the court for aregistration exemption for goodcause shown.

Attorneys registered with thecourt’s electronic filing system

will receive electronic notice ofdocuments entered into thesystem.

Registration constitutes writtenconsent to electronic service ofall documents filed inaccordance with these rulesand the Federal Rules of CivilProcedure.

2. What constitutes service. Receipt of Notice of ElectronicFiling (NEF) that is generatedby the Case Management/Electronic Case Filing(CM/ECF) system willconstitute service of pleadingsor other papers on any personwho has consented to electronicservice. Parties who have notconsented to electronic serviceincluding exempt attorneys andpro se parties will be served inaccordance with these rulesand the Federal Rules of CivilProcedure.

Service of the summons andcomplaint may not be madeelectronically, but shouldproceed according to Fed. R.Civ. P. 4.

B. Filing.

1. What constitutes filing/official record. Electronictransmission of a document tothe Electronic Filing Systemtogether with the transmissionof a Notice of Electronic Filingfrom the court constitutes filingof the document for allpurposes of the local rules ofthis court and the Federal Ruesof Civil Procedure and

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constitutes entry of thedocument on the docket keptby the clerk of court underFed. R. Civ. P. 58 and 79.When a document has beenfiled electronically, the officialrecord is the electronicdocument as stored by thecourt and is deemed filed atthe date and time stated on theNotice of Electronic Filing fromthe court. The party filing thedocument is bound by thedocument as filed.

2. Method of Filing.

(a) Electronic Filing. Documents filed byattorneys will be filedelectronically subject tosubsection A1. Counseladmitted pro hac vice maynot file documents with thecourt.

(b) Traditional Filing. Documents filed by exemptattorneys and pro separties will be filed bydelivering the original tothe clerk within 14 daysafter service on theopposing party or parties.

(c) Exceptions. Summonses,complaints, motions toseal, and documents to befiled under seal will be filedby delivering the originalsto the clerk.

3. Certificate of Service. A partymay serve a paper under Fed.R. Civ. P. 5(b)(3) by using thecourt’s electronic transmission

facilities in accordance with theCM/ECF User Manual andAdministrative Procedures.If adocument is servedelectronically in this manner,the notice of electronic filinggenerated by CM/ECFconstitutes a certificate ofservice with respect to thosepersons to whom electronicnotice of the filing is sent, andno separate certificate of serviceneed be filed with respect tothose persons. In all otherinstances a certificate of serviceidentifying the persons servedand the manner in whichservice was accomplished willbe attached to the document.

4. Electronic Filing, Signing, orVerification. The user loginand password required tosubmit documents to theCM/ECF System serve as thefiling user’s signature on allelectronic documents filed withthe court. They also serve as asignature for purposes of theFederal Rules of Civil Procedure(including Fed. R. Civ. P. 11),the local rules of this court, andany other purpose for which asignature is required inconnection with proceedingsbefore the court. Electronicallyfiled documents must include asignature block and set forththe name, address, telephonenumber, and e-mail address ofthe filing user. In addition, thename of the filing user underwhose login and password thedocuments are submitted mustbe preceded by a “/s/” andtyped in the space where thesignature would otherwise

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appear or a facsimile of thefiling user’s signature mustappear in the signature block.

No filing user or other personmay knowingly permit a filinguser’s login and password tobe used by someone other thanan authorized agent of thefiling user.

Registered Attorneys agree toprotect the security of theirpasswords and immediatelynotify the clerk if they learnthat their password has beencompromised. Attorneys maybe subject to sanctions forfailure to comply with thisprovision

5. Documents requiring thesignature of more than oneparty. Documents requiringsignatures of more than oneparty may be electronicallyfiled either by (a) submitting ascanned document containingall necessary signatures; and(b) in any other mannerapproved by the court. Whenfiling documents that requiresignatures from other parties,it is not permissible to insert a“/s/” for another person’ssignature.

LR 5.2 PRIVACY PROTECTION FOR FILINGS MADE WITH THE COURT

A. Pursuant to the E-Government Actof 2002, parties will refrain fromincluding, or will partially redactwhere inclusion is necessary, thefollowing personal data identifiersfrom all pleadings and papers filedwith the clerk of court, including

exhibits thereto, unless otherwiseordered by the court:

1. Social Security numbers andTaxpayer Identificationnumbers. Only the last fourdigits of these numbers shouldbe used.

2. Name of an individual known tobe a minor. Only the initials ofthe minor should be used.

3. Dates of birth. Only the yearshould be used.

4. Financial account numbers.Only the last four digits of thesenumbers should be used.

B. Parties wishing to do so may, inaddition to the redacted filing, fileunder seal with the clerk of courtan unredacted copy of the pleading.Any such filings will contain a coversheet stating the following,“Document filed under sealpursuant to the E-GovernmentAct.”

C. The responsibility for redactingthese personal identifiers restssolely with counsel and the parties.The clerk of court will not revieweach filing for compliance with thisrule.

LR 7.1 MOTIONS

A. Motions to Seal. Any motionseeking the sealing of pleadings,motions, exhibits, or otherdocuments to be filed in the courtrecord will include (a) proposedreasons supported by specificfactual representations to justifythe sealing and (b) an explanation

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why alternatives to sealing wouldnot provide sufficient protection. Amotion to seal and the documentsto which the motion refers will befiled in paper form. The documentsto which the motion to seal referswill be filed under seal by the clerkof court until the court rules uponthe motion. The court will not ruleupon the motion until at least 7calendar days after filing to permitthe filing of objections.

B. Required Written Brief. Withevery motion raising a question oflaw, except oral motions madeduring a hearing or trial ormotions to amend a schedulingorder or motions to withdrawpursuant to D.S.D. LR 57.4,unless otherwise ordered, themovant will serve on opposingcounsel and file with the clerk ofcourt a brief containing thespecific points of law with theauthorities in support thereof onwhich the movant relies, includingthe Federal Rule of Civil Procedureon the basis of which the motion ismade. On or before 21 calendardays after service of a motion andbrief, unless otherwise specificallyordered by the court, all opposingparties will serve and file with theclerk of court a responsive briefcontaining the specific points oflaw with authorities in supportthereof in opposition to themotion. The movant may file withthe clerk of court a reply briefwithin 14 calendar days afterservice of the responsive brief.

1. Page Limitation on Briefs. Briefs and any attachmentsother than documentary

evidence attached inaccordance with D.S.D. LR56.1(A) will not exceed 25 pagesor 12,000 words unless priorapproval has been obtainedfrom the court. If a briefexceeds 25 pages, it will beaccompanied by a certificate bythe attorney, or anunrepresented party, that thebrief complies with the type-volume limitation. The personpreparing the certificate mayrely on the word count of theword-processing system used toprepare the brief.

2. Attachments. A party mustsubmit as exhibits orattachments only thoseexcerpts of the referenceddocument that are directlygermane to the matter underconsideration by the court.Excerpted material must beclearly and prominentlyidentified as such. Highlightingor underlining relevant portionsis encouraged. Parties who fileexcerpts of documents asexhibits or attachments underthis rule do so withoutprejudice to their right to timelyfile additional excerpts.Responding parties may fileadditional excerpts that theybelieve are directly germane.The court may require partiesto file additional excerpts or thecomplete document.

C. Oral Argument. Oral argument willbe had only upon order of thecourt. Requests for oral argumentwill be made by separate statementat the conclusion of the motion or

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responsive brief, or by any partyby a separate document filedwithin 14 calendar days after thefiling of the motion or responsivebrief.

LR 10.1 IDENTIFICATION

A pleading or other paperpresented for filing will plainly showthe caption of the case, a descriptionor designation of the contents, and onwhose behalf the same is offered forfiling. All papers presented after theinitial pleading must bear the filenumber assigned to the case. Allpapers must be signed and include thetyped or printed name, address,telephone number, and email addressof the signer.

LR 15.1 MOTIONS TO AMENDPLEADINGS

In addition to other requirements

of these local civil rules, any partymoving to amend a pleading willattach a copy of the proposedamended pleading to its motion toamend with the proposed changeshighlighted or underlined so that theymay be easily identified. If the courtgrants the motion, the moving partywill file a clean original of the amendedpleading with the clerk of court within7 days.

LR 16.1 SCHEDULINGCONFERENCES

Pursuant to Fed. R. Civ. P 16(b),this court has determined that itspretrial conference procedures areinappropriate for certain types of casesand hereby exempts the following:

1. Actions for review on anadministrative record includingbankruptcy appeals and socialsecurity reviews;

2. Condemnation Actions;

3. Foreclosures;

4. Deportation Actions;

5. Equal Access to Justice/FeeAward Appeals;

6. Forfeiture and StatutoryPenalty Actions;

7. Freedom of InformationActions;

8. Government Collection Actionsincluding actions to recoverbenefit payments and actionsto collect on a student loanguaranteed by the UnitedStates;

9. Judgments/Actions to Enforceor Register;

10. Petitions for habeas corpus orany other proceeding tochallenge a criminal convictionor sentence;

11. Actions brought without anattorney by a person in thecustody of the United States, astate, or a state subdivision;

12. Selective Service Actions;

13. Proceedings ancillary to aproceeding in another court;

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14. Actions to enforce or quash asummons or subpoena of anykind;

15. Actions to enforce anarbitration award.

LR 26.1 FILING OF DISCOVERYMATERIALS

A. Pursuant to Fed. R. Civ. P. 5(d),depositions, interrogatories,requests for documents, requestsfor admissions, and answers andresponses thereto will not be filedwith the clerk of court.

B. Fed. R. Civ. P. 26(a)(1) and (2)materials will not be filed with theclerk of court unless otherwiseordered by the court.

C. Any portions of discovery materialsnecessary for the disposition ofany motion filed with the clerk ofcourt (with relevant portionshighlighted or underlined) willeither be attached as an exhibit tothe party’s brief in support of suchmotion or attached to the party’saffidavit filed with the brief.

D. If a party designates any or all ofany deposition as evidence to beoffered in the trial of any case,such deposition will be filed withthe clerk of court at the same timeas that party’s designationconsistent with LR 5.2.

E. Depositions used by a party onlyfor the purpose of contradicting orimpeaching the testimony of adeponent as a witness, pursuantto Fed. R. Civ. P. 32(a)(1), will notbe filed unless otherwise orderedby the court.

LR 26.2 PRESERVATION ANDDISPOSAL OF DEPOSITIONS

A. All depositions that have been reador offered into evidence byagreement of the parties, or at trialor submission of the case to thecourt, will become a permanentpart of the file.

B. After the ultimate conclusion of thecase, depositions not offered orreceived into evidence may bewithdrawn by the parties taking thedeposition. All unclaimeddepositions may be disposed of bythe clerk of court after giving 28calendar days’ notice to all partiesof the clerk’s intention to do so.

LR 26.3 MEETING OF PARTIES

Unless otherwise ordered by thecourt in a particular case, theprovisions of Fed. R. Civ. P. 26(f),requiring a meeting of and report fromthe parties, apply to all civil actions inthis court except cases exempted underD.S.D. Civ. LR 16.1.

LR 29.1 STIPULATIONSMADE IN OPEN

COURT OR WRITING

No stipulation, agreement, orconsent between or among parties ortheir attorneys in respect to anyproceeding in this court will be bindingunless made in open court or reducedto writing and subscribed by theparties or their attorneys. Suchstipulation or agreement relating tochanging the place of trial, continuingcases to a later date, extending time toanswer or otherwise plead, or settingany matter down for hearing, will notbe binding unless by order of the court.

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LR 37.1 CONDITIONS FOR DISCOVERY MOTIONS

A party filing a motion concerninga discovery dispute will file a separatecertification describing the good faithefforts of the parties to resolve thedispute. If the court schedules ahearing on the motion, at least 7calendar days prior to the hearing, orsooner as the court may require, theparties will file a statement settingforth the matters upon which theyhave been unable to agree.

LR 39.1 TRIALS

A. Opening Statements in JuryTrials. After a jury has beenselected and sworn, the partyupon whom rests the burden ofproof may briefly, and withoutargument, make an openingstatement to the jury. Thereafter,the adverse party may briefly, andwithout argument, make anopening statement to the jury.

B. Number of Attorneys. On the trialof any action only one attorney perparty will be permitted to examineor cross-examine each witness,and not more than two attorneysper party will sum up the case tothe jury, unless the court willotherwise order.

C. Motions During Trial. The movingparty will be heard first, followedby the adverse party. The movantmay reply, confining any remarksto the points first stated and apertinent answer to respondent’sargument. Thereafter, discussionon the question will be closedunless the court requests furtherargument.

LR 40.1 CONTINUANCES

A. Court Approval Required. In noevent will a case be continuedwithout the approval of the court. Unless the court will deem itunnecessary, any party seeking acontinuance will do so by motion,which will include the affidavit ofthe party seeking the continuanceor of some person who knows thefacts upon which the application isfounded. The affidavit will containthe grounds for the continuance. Ifthe continuance is sought becauseof the absence of a materialwitness, the affidavit must showthat the party applying for thecontinuance has a valid cause ofaction or defense and has used duediligence to prepare for trial, thenature and kind of diligence used,the name and city of residence ofthe absent witness, and thesubstance of the testimonyexpected to be given by suchwitness.

B. When Witness Absent. Unless, inthe opinion of the court, justice willrequire it, the trial will not becontinued or postponed on accountof the absence of a witness if theadverse party will admit that thewitness, if present, would testify asstated in the affidavit prepared inaccordance with section A of thisrule but in such case, the applicantmay read the testimony of suchwitness as stated in his affidavit,subject to all proper objectionswhich might be interposed if thewitness were present. Everycontinuance or postponementgranted upon application will be

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upon such terms as the court mayimpose.

LR 43.1 EXHIBITS

A. Marking of Exhibits. Exhibits incivil trials and hearings must bemarked in accordance withinstructions from the court.

B. Custody of Clerk. All exhibitsoffered or received into evidence ata trial or hearing must be left inthe custody of the clerk of court,except as provided in sections Cand E of this rule. Until judgmentin a case becomes final, exhibitsmay not be taken from the custodyof the clerk of court, except uponorder of the court and theexecution of a receipt.

C. Custody with Offering Party. Except as provided in section D ofthis rule, any exhibit not suitablefor filing or transmission to theappellate court as part of theappellate record must be retainedin the custody of the party offeringthe exhibit. Such exhibits include,but are not limited to, thefollowing:

1. “Unsafe or DangerousExhibits,” as defined insection (H) of this rule;

2. Jewelry, liquor, money,articles of high monetaryvalue, and counterfeit money;and

3. Documents or physicalexhibits of unusualsensitivity, bulk, or weight.

Except when such an exhibit isbeing used in court during a trial orhearing, or is in the custody of ajury or the court duringdeliberations, the offering partymust retain custody of the exhibit.The offering party must preservethe exhibit in an unalteredcondition until 28 calendar daysafter the resolution of any appeal.The exhibit may then be disposedof by the party having custody ofthe exhibit, but only after the partygives 28 calendar days’ writtennotice to all other parties. The partyretaining custody of such anexhibit must make the exhibitavailable to the court and to allother parties for use in preparingan appeal, and such party musttransmit the exhibit safely to theappellate court, if required. Suchparty also must maintain anddocument the chain of custody ofthe exhibit.

D. Biological Evidence. Biologicalevidence (for example, blood, saliva,tissue, and items containing bodilyfluids upon which DNA or otherforensic tests could be performed)must be retained by the clerk ofcourt until disposed of pursuant tosection F of this rule.

E. Substitution of Photographs forExhibits. If a party has offered intoevidence at a trial or hearing anexhibit that is not suitable for filingor transmission to the appellatecourt as part of the appellaterecord, the offering party mustprovide a photographic print of theexhibit to the clerk of court to besubstituted for the exhibit, and theparty must retain custody of the

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exhibit as provided in section C ofthis rule.

F. Disposition of Exhibits. After

judgment has become final, or thetime for appeal has elapsed,exhibits left in the custody of theclerk of court may be claimed andwithdrawn by the party whooffered the exhibit. Any exhibitsnot claimed and withdrawn within60 calendar days after the ultimateconclusion of a judgment may bedisposed of by the clerk of courtafter giving 28 calendar days’notice to all parties of the clerk’sintention to do so.

G. Record of Withdrawal orDestruction. A party withdrawingan exhibit must execute a receiptthat will be filed by the clerk ofcourt. Exhibits disposed of by theclerk of court will be accounted forby a statement prepared and filedby the clerk of court showing thedate such action was taken andthe date notice of intention to doso was given to all parties.

H. Unsafe or Dangerous Exhibits. As used in this rule, the phrase“unsafe or dangerous exhibit”includes narcotics and othercontrolled substances, firearms,ammunition, explosives, knives,any object capable of use as aweapon, poisons, dangerouschemicals, hazardous substances,and any other item or matter thatmay present a substantial risk ofphysical injury or property damageif not properly handled, stored, orprotected.

LR 43.2 TAKING TESTIMONY

Pursuant to Fed. R. Civ. P. 43(a)testimony may be taken in open courtby contemporaneous transmission froma different location under certaincircumstances. These circumstancesare set forth in the Protocol for the Useof Interactive Video Conferencing(Civil), which can be found on thecourt’s website atwww.sdd.uscourts.gov.

LR 47.1 EXAMINATION OFPOTENTIAL JURORS

The voir dire examination ofpotential jurors may be conducted bythe court or by counsel, or both, as thecourt may direct.

LR 47.2 QUESTIONING OFJURORS AFTER TRIAL

None of the parties or theirattorneys or anybody acting on theirbehalf will contact jurors after a trialuntil the jurors have completed theirterm of service as jurors. The courtmay order exceptions to this rule.

LR 48.1 NUMBER OF JURORS

In all civil jury cases, the jury willconsist of not fewer than six membersnor more than twelve members, to bedetermined by the court.

LR 51.1 JURY INSTRUCTIONS

A. Required Pretrial Filing ofInstructions. Each party will filewith the clerk of court, as orderedby the court, all proposedsubstantive jury instructions thatreasonably can be anticipated inadvance of trial, including a

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“statement of the case” instructionand “theory of defense.”

B. Form of Instructions. Allproposed jury instructions willidentify the party submitting theinstruction and specifically cite theauthority or authorities uponwhich it is based.

C. Service of Instructions. Copies ofall proposed jury instructions willbe served on all parties.

LR 53.1 ALTERNATIVE DISPUTERESOLUTION

Parties are encouraged to usealternative dispute resolutionprocedures to try to settle their caseswithout a trial. Magistrate judges areavailable as mediators to facilitatealternative dispute resolutionprocedures.

LR 54.1 TAXATION OF COSTS

A. Procedure. Before costs may betaxed, the prevailing party entitledto recover costs will file a verifiedbill of costs within 28 calendardays after entry of judgment or anorder of dismissal, together withproof of service on the party liablefor costs. The party liable for costsmay within 14 calendar daysthereafter file with the clerk ofcourt exceptions to the costs orany specific item therein.

The clerk of court may then taxcosts and, upon allowance, thecosts will be included in thejudgment or decree. Upon motionof either party within 7 calendardays after the clerk taxes costs,

the action of the clerk may bereviewed by the court.

B. Default. In a default case, the clerkof court may tax costs as a matterof course without notice.

C. Attorney’s Fees. A party movingfor attorney’s fees will attach to themotion an affidavit setting out thetime reasonably spent in thelitigation and any factual matterspertinent to the motion forattorney’s fees. The motion must befiled no later than 28 calendar daysafter the entry of judgment absenta showing of good cause. Therespondent may by counteraffidavit controvert any of thefactual matters contained in themotion and may assert any factualmatters bearing on the award ofattorney’s fees.

Objections to an allowance ofattorney’s fees must be filed within21 calendar days after service onthe party against whom the awardof attorney’s fees is sought. Thecourt will then determine theappropriate attorney’s fees, if any,without further hearing, unless inthe court’s opinion a hearing isneeded to resolve serious factualdisputes between the parties.

On its own motion, the court maygrant an allowance of reasonableattorney’s fees to a prevailing partyin appropriate cases.

The failure to move for an award ofattorney’s fees within theprescribed time may be consideredby the court to be a waiver of anyclaim for attorney’s fees.

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LR 56.1 MOTION FORSUMMARY JUDGMENT

A. Moving Party’s RequiredStatement of Material Facts. Allmotions for summary judgmentwill be accompanied by a separate,short, and concise statement ofthe material facts as to which themoving party contends there is nogenuine issue to be tried. Eachmaterial fact will be presented in aseparate numbered statement withan appropriate citation to therecord in the case.

B. Opposing Party’s RequiredStatement of Material Facts. Aparty opposing a motion forsummary judgment will respond toeach numbered paragraph in themoving party’s statement ofmaterial facts with a separatelynumbered response andappropriate citations to the record.A party opposing a motion forsummary judgment will identifyany material facts as to which it iscontended that there exists agenuine material issue to be tried.

C. Use of Documentary Evidence. Aparty will attach to an affidavit allrelevant documentary evidence insupport of or in opposition to amotion for summary judgment.The evidence will be submittedwith proper highlighting orunderlining as encouraged byD.S.D. Civ. LR 7.1B2.

D. Effect of Omission: Sanction. Allmaterial facts set forth in themovant’s statement of materialfacts will be deemed to be admittedunless controverted by theopposing party’s statement ofmaterial facts.

LR 58.1 APPELLATE JUDGMENTS, ORDERS,

AND MANDATES

Upon receipt from an appellatecourt of a judgment or order affectingthe decision of the district court or amandate, the clerk of court willforthwith file and enter the same ofrecord. In the event that the mandateprovides for costs or directs adisposition other than an affirmance,the prevailing party will timely submitan order to this court in conformitywith the appellate court’s ruling.

LR 65.1 MOTIONS FORPRELIMINARY AND PERMANENT

INJUNCTION

In all cases wherein a party seeksboth a preliminary and permanentinjunction, the matters will be deemedconsolidated for trial unless otherwisespecifically ordered by the court.

LR 67.1 REGISTRY FUND

It will be the responsibility of anyparty seeking an order of the court forthe deposit of funds pursuant to Fed.R. Civ. P. 67 to prepare such an orderfor the signature of the court and toserve the same upon the clerk of court.

LR 68.1 SETTLEMENT

The deadline for settling civil caseswill be 14 calendar days prior to the

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date set for trial, unless otherwiseordered by the court. In any casesettled after the deadline, the courtmay impose sanctions including, butnot limited to, the costs of assemblingand empaneling the jurors, on theparties or their attorneys for violationof this rule.

LR 77.1 OFFICE OF THE CLERK

A. Official Station. The officialstation of the clerk of the court willbe at Sioux Falls.

B. Deputy Stations. Deputy clerks ofcourt, in such numbers as may berequired, will be stationed at SiouxFalls, Pierre, and Rapid City.

LR 83.1 MEDIA COVERAGE

No camera, radio or televisionbroadcasting equipment, or voice-recording instrument, whether or notcourt actually is in session, will bebrought into any federal court buildingor place of holding proceedings beforea United States District Judge orMagistrate Judge in this district foruse during the trial or hearing of anycase, or proceeding incident to anycase, or in connection with anysession of the United States grandjury. This rule, however, will not applyto official court reporters inattendance at any trial, hearing, orproceedings and where, in connectionwith the duties of such courtreporters, a voice-recordinginstrument is used.

LR 83.2 CELL PHONES

Cellular phones and portabledevices that contain cellular phonesare permitted in all courthouses in the

district but must be turned off orplaced in silent mode when taken intocourtrooms. The use of any camerafeature inside the courthouse isprohibited unless specificallyauthorized. The jury will not be allowedaccess to cellular phones or otherportable devices during deliberations.

LR 83.3 ATTORNEYS

A. Bar of the Court. The bar of thiscourt will consist of those attorneysadmitted to practice before thiscourt.

B. Eligibility. Any person of goodmoral character who is an activemember of the State Bar of South

Dakota will be eligible foradmission to the bar of this courtas hereinafter provided.

C. Procedure for Admission. Anattorney who is eligible to practicelaw as provided in section B of thisrule may apply for admission to thebar of this court. The applicationsequence will be as follows:

1. Applicants must complete awritten application foradmission. Forms are availablefrom the clerk of court or onthe court’s website.

2. Applicants must consent to aninquiry concerning their fitnessand qualifications foradmission. Submission of thecompleted admissionapplication will be consideredsuch consent and a waiver ofany privacy regarding theinquiry into fitness andqualifications.

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3. The clerk of court will makeany inquiry that may bedeemed necessary to obtaininformation concerning anapplicant’s character andfitness to practice law.

4. At least two active judges inthis district must approveeach applicant before anapplicant may be admitted.

5. The clerk of court will reportto the active judge in thedivision in which theapplication for admission ispending the approval ordisapproval of the other activejudges.

6. When the approval ordisapproval of the applicationis recorded, the applicant willbe notified of the results.

7. Applicants approved foradmission will have a day andtime scheduled for theiradmission ceremony.

8. Applicants for admission willappear in person for theiradmission ceremony with amember of this bar who willvouch for their legalqualifications, integrity, andgood moral character. Uponoral motion of a member ofthe bar, taking the prescribedoath, signing the roll ofattorneys in the clerk ofcourt’s office, and paying therequired fee, the applicant willbe admitted to the bar of thiscourt. The clerk of court willthen issue a Certificate of

Admission to the new barmember.

D. Oath of Admission. The followingoath or affirmation will beadministered to an applicant foradmission to the bar of this court:

You do solemnly swear (oraffirm) that you willsupport and defend theConstitution of the UnitedStates and that you willfaithfully demean yourselfas an attorney and officerof this court, uprightlyand according to law, withall good fidelity to yourclients, as well as to thecourt. SO HELP YOU GOD(or, If so, please say, “Ido.”).

E. Appearance of Attorney Pro HacVice. An attorney who is not amember of the bar of this court, butwho is a member in good standingof the bar of another United StatesDistrict Court, may, upon motionand approval by the court,participate in the conduct of aparticular case, but such motionmay be allowed only if the applicantassociates with a member in goodstanding of the bar of this court.Applicants for pro hac viceadmission will disclose any prior orpending disciplinary actions intheir application. The associatedmember of this court (local counsel)will sign all documents filed andwill continue in the case unlessanother attorney admitted topractice in this court will besubstituted. The attorney admittedto practice in this court will bepresent during all court

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proceedings (which includetelephone or video conferencehearings) in connection with thecase, unless otherwise ordered,and will have full authority to actfor and on behalf of the client in allmatters, including pretrialconferences as well as trial or anyother hearings.

F. Attorneys for the United Statesand Federal Public Defender.

An attorney who resides withinthis district and represents the UnitedStates government or any agency orinstrumentality thereof or the FederalPublic Defender’s Office is required tobe admitted to the South Dakota barbefore the attorney is permitted topractice before this court.

An attorney who is a member ofthe bar of another United Statesdistrict court and not admitted to theSouth Dakota bar, but either is a:

1. resident assistant UnitedStates attorney;

2. resident attorney representingagencies of the government; or

3. resident assistant FederalPublic Defender

is given 12 months from the date ofthe attorney’s oath of office for theposition in South Dakota to beadmitted to the South Dakota bar.During this period, the attorney maybe admitted provisionally to practicebefore this court.

A nonresident attorney who is:

1. designated as “SpecialAssistant United StatesAttorney” by the United States

Attorney for the District ofSouth Dakota;

2. appointed by the AttorneyGeneral of the United States;

3. hired by the Federal PublicDefender’s Office; or

4. employed by the North DakotaFederal Public Defender’sOffice

may be admitted on the attorney’smotion, without prepayment of fees, topractice in this court during thependency of the case if the attorney is amember in good standing of the highestbar of any state or the District ofColumbia. A judge advocate of thearmed forces of the United Statesrepresenting the government inproceedings supervised by judges of theDistrict of South Dakota is not subjectto this rule.

G. Disbarment and Discipline.

1. Any member of the bar of thiscourt who has been suspendedor disbarred from the State Barof South Dakota or who hasbeen convicted of any criminaloffense in any United StatesDistrict Court will, uponappropriate notice from theclerk of court, be suspendedfrom practice before this court.The member may thereupon beafforded the opportunity uponnotice to show good causewithin 21 calendar days whythere should be no disbarmentor suspension. Upon themember’s response to theorder to show cause, themember will be entitled to ahearing or, upon the expirationof 21 calendar days if noresponse is made, the chief

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judge will enter anappropriate order.

2. Any member of the bar of thiscourt may be disbarred,suspended from practice for adefinite time, or reprimandedfor good cause shown, afteropportunity has been affordedsuch member to be heard.

3. All applications for thedisbarment or discipline ofmembers of the bar of thiscourt will be made to or beforethe chief judge of this courtunless otherwise ordered bythe chief judge. At least twodistrict judges of this courtwill sit at the hearing of suchapplications unless theattorney against whom thedisbarment or disciplinaryproceedings are broughtstates in writing or in opencourt the member’swillingness to proceed beforeone district judge.

4. If an investigation isnecessary, the chief judge,with the approval of a majorityof the district judges, willappoint a member of the bar(hereinafter referred to as“investigator”) to investigatecharges against any memberof this bar. If, as a result ofthe investigation, theinvestigator will be of theopinion that there has been abreach of professional ethicsby a member of this bar, theinvestigator, as an officer ofthe court having specialresponsibilities for the

administration of justice, willfile and prosecute a petitionrequesting that the allegedoffender be subjected toappropriate discipline,including disbarment,suspension, or reprimand. Theinvestigator will be paid fromthe pro hac vice fund.

H. Reinstatement of Disbarred andSuspended Attorneys.

1. An attorney who has beendisbarred or suspended in thiscourt may petition forreinstatement at any time.Upon the filing of such petitionwith the clerk of court, thechief judge will enter an ordersetting a date for the hearingon said petition on notice ofnot less than 21 calendardays. The petitioner will causea copy of said petition andorder for hearing to be servedforthwith on the investigatorwho will be in attendance onthe date of said hearing. Theinvestigator will investigate thefacts alleged in the petition forreinstatement and will presentto the court, in affidavit formor otherwise, any facts insupport of or against thegranting of said petition. Twodistrict judges of this court willsit at the hearing on saidpetition, and the order denyingor granting reinstatement willbe made in writing by saidjudges.

2. An attorney who has beendisbarred or suspended by theSupreme Court of the state ofSouth Dakota and thereafter

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reinstated by that court topractice in the state courtswill not be permitted topractice in this court,notwithstanding suchreinstatement, until a petitionfor reinstatement asprescribed in section 1 above,incorporating a certified copyof the order of reinstatementby the Supreme Court of thestate of South Dakota, hasbeen filed in this court andreinstatement ordered after ahearing as above provided.The hearing may be waived bythe attorney with the consentof the court.

I. Law Students.

1. Student Practice. Any lawstudent acting under asupervising attorney will beallowed to make anappearance and participate inproceedings in this courtpursuant to these rules.

2. Eligibility. To be eligible toappear and participate, a lawstudent must:

(a) Be a student in goodstanding in a law schoolapproved by theAmerican BarAssociation.

(b) Have completed legalstudies amounting to foursemesters or theequivalent if the lawschool is on some basisother than a semesterbasis.

(c) File with the clerk of court:

(i) A certificate by thedean of the law schoolthat he or she is ofgood moral characterand possesses theabove requirementsand is qualified to serveas a legal intern. Thecertificate will be aform prescribed by thecourt.

(ii) A certificate by the lawstudent stating that heor she has read andagrees to abide by therules of the court, andall applicable codes ofprofessionalresponsibility andother relevant federalpractice rules. Thecertificate will be in aform prescribed by thecourt.

(iii) A notice of appearancein each case in whichhe or she isparticipating orappearing as a lawstudent. The notice willbe in the formprescribed by the courtand will be signed by asupervising attorneywho is a member of thebar of this court andthe client.

(d) Be introduced to the courtin which he or she isappearing by an attorney

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who is a member of thebar of this court.

3. Certificate of Admission.Upon the completion andfiling of the certificatesrequired by subsections(I)(2)(c)(i) and (ii) of this rule,the clerk of court will issue acertificate of admission to thelaw student in a formprescribed by the court. Thiscertificate will expirecontemporaneously with theexpiration date of the dean’scertificate unless it is soonerwithdrawn. Any law student’scertificate of admission maybe terminated at any time bythe court without notice orhearing and without anyshowing of cause.

4. Restrictions. No law studentadmitted under these ruleswill:

(a) Request or receive anycompensation orremuneration of any kindfrom the client. This willnot prevent thesupervising attorney, lawschool, public defender, orthe government frompaying compensation tothe law student, nor will itprevent any agency frommaking such charges forits services as it mayotherwise properlyrequire.

(b) Appear in court withoutthe presence of thesupervising attorney.

(c) File any documents orpapers with the court thathe or she has preparedwhich have not been read,approved, and signed bythe supervising attorneyand co-signed by the lawstudent.

5. Supervising Attorneys. Anyperson acting as a supervisingattorney under this rule mustbe a member of the bar of thiscourt and will:

(a) Assume personalprofessional responsibilityfor the conduct of the lawstudent being supervised.

(b) Co-sign all pleadings andother papers prepared bythe law student.

(c) Advise the court of the lawstudent’s participation, bepresent with the student atall times in court, and beprepared to supplementoral or written work of thestudent as requested bythe court or as necessaryto ensure properrepresentation of the client.

(d) Be available forconsultation with theclient.

LR 83.4 ASSIGNMENT OFOFFICIAL REPORTERS

The court appoints qualifiedpersons to permanent positions asofficial reporters. These officialreporters serve at the discretion of thecourt, are not assigned to specific

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judges, and their tenure is not affectedby a change in status of a specificjudge.

LR 83.5 FORM OF PAPERS

All pleadings and other papersmust be on 8½ x 11 inch paper. Thetext must be double-spaced, butquotations more than two lines longwill be indented and single-spaced.Headings and footnotes will be single-spaced. Margins must be at least oneinch on all four sides. Fonts must beat least 12-point. To ease the scanningprocess, all pleadings and otherpapers submitted to the clerk of courtfor filing should not be stapled at thetop. Papers not in the required formwill not be filed without leave of thecourt. Exhibits attached to pleadingswill be similarly typewritten, printed,or otherwise reproduced in clear,legible, and permanent form.

LR 83.6 REMOVAL OF FILES ORWITHDRAWAL OF PAPERS

A. Temporary Removal. No file,pleading, or other paper belongingto the files of the court will betaken from the office or custody ofthe clerk of court except uponorder of the court made after ashowing of good cause andspecifying the time within whichthe same will be returned to theclerk of court. A receipt for files sotaken will be delivered to the clerkof court by the party removing thesame.

B. Permanent Withdrawal. Uponsuch terms as the court mayorder, a party may permanentlywithdraw a paper or record fromthe files of the court.

LR 83.7 CLERK’S FEES

A. Filing Fees.

1. Actions. Except in seaman’ssuits, any party commencingany civil action, suit, orproceedings, whether byoriginal process, removal, orotherwise, will pay to the clerkof court the statutory filing feebefore the case will be filed andprocess issued thereon. (28U.S.C. § 1914).

2. Appeals. Upon the filing of aseparate or joint notice ofappeal or application for anappeal or upon the receipt ofan order allowing, or notice ofthe allowance of an appeal orof a writ of certiorari, thestatutory fee will be paid to theclerk of the district court bythe appellant or petitioner. (28U.S.C. § 1917).

3. Habeas Corpus. Upon thefiling of a petition orapplication for a writ of habeascorpus, the petitioner orapplicant will pay to the clerkof court the statutory filing fee.(28 U.S.C. § 1914).

B. Miscellaneous Fees. The clerk ofcourt will collect from parties suchadditional fees only as areprescribed by the JudicialConference of the United Statesand prepayment of such fees maybe required by the clerk of courtbefore furnishing the servicetherefor.

C. Refusal to File by the Clerk. Theclerk of court is authorized to

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refuse to docket or file any suit orproceeding, writ, or other process,pleading or other paper in any suitor proceeding until the requiredfiling fees are paid, except asotherwise ordered by the court inproceedings in forma pauperis. (28U.S.C. §§ 1914(c) and 1915).

D. Citation for Non-Payment. If anyfees or costs are due and payableto the clerk or United StatesMarshal, and remain unpaid afterdemand therefor, the court mayissue its citation to the party, or tocounsel for the party, to showcause why such fees or costsshould not then and there be paid.

LR 83.8 MARSHALS FEES

A. Prepayment of Fees. Except asotherwise provided by statute, orby order of court, the UnitedStates Marshal may require adeposit to cover all fees andexpenses prescribed by law forperforming the services requestedby any party. (28 U.S.C. § 1921).

B. USM Form 285. Every partyrequesting the United StatesMarshal to serve any process,including an original summons,must furnish with every processdelivered to the United StatesMarshal an executed USM Form285. Said forms are availablethrough the United StatesMarshals Service or the clerk ofcourt’s office.

LR 83.9 WITHDRAWAL OFCOUNSEL

A. In General. An attorney whoseappearance is noted in a cause onfile in this court may be permittedto withdraw from representation ascounsel of record only by order ofthe court, or as otherwise providedherein.

B. Withdrawal With Substitution.Leave of court is not required wherea notice of withdrawal isaccompanied by a substitution ofcounsel filed with the clerk of court,provided that said substitutiontakes place 90 or more days inadvance of trial, the substitutioncontains a certificate by substitutedcounsel, and the substitution willnot delay the trial or other progressof the case. The notice ofwithdrawal and substitution willset forth the name and address ofthe substituted and withdrawingcounsel. Withdrawal under thissection will be effective upon filinga notice of withdrawal andsubstitution with the clerk of court.Notice of withdrawal will beprovided to the client by thewithdrawing attorney.

C. Withdrawal Without Substitution.Withdrawal without substitutionmay be granted only upon motion,for good cause shown. Notice of themotion will be provided to the clientby the withdrawing attorney.

LR 83.10 WRITS OF HABEASCORPUS AND MOTIONS PURSUANT

TO 28 U.S.C. § 2255

A. Filing Requirements. Petitions forwrits of habeas corpus pursuant to

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28 U.S.C. § 2254 and 28 U.S.C.§ 2241, motions to vacate sentencepursuant to 28 U.S.C. § 2255, andapplications to proceed in formapauperis will be signed and legiblywritten or typewritten on formsprescribed by the court and inaccordance with the instructionsprovided with the forms unless thecourt finds, in its discretion, thatthe petition, motion, or applicationis understandable and that itconforms with federal and localrequirements for such actions.Copies of the relevant forms andinstructions will be provided bythe clerk of court upon request.The court may strike or dismisspetitions, motions, or applicationsthat do not conform substantivelyor procedurally with federal andlocal requirements for suchactions.

B. In Forma Pauperis Certification.If a habeas corpus petitionerdesires to prosecute a petition informa pauperis, the petitioner willfile an application to proceed informa pauperis on a formprescribed by the court (Motion toProceed Without Prepayment ofFees and Declaration),accompanied by a certification ofthe warden or other appropriateofficer of the institution in whichthe petitioner is confined as to theamount of money or securities ondeposit for the petitioner. If thepetitioner has in excess of $25 ondeposit, the petitioner must paythe filing fee.

C. Assignment of Judicial Officer.Once a petition for a writ of habeascorpus is assigned to a districtjudge, any future pleadings filed

by the prisoner will be assigned tothe same district judge to whom theearlier case was assigned, unlessotherwise ordered by the court.Motions pursuant to 28 U.S.C.§ 2255 will be assigned as providedfor in Rule 4(a) of the RulesGoverning Section 2255Proceedings for the United StatesDistrict Courts.

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