PRACTICE AND PROCEDURE (1985)

RULES OF

PRACTICE AND PROCEDURE

of the

THE UNITED STATES

DISTRICT COURT

FOR THE MIDDLE DISTRICT

OF NORTH CAROLINA

GENERAL RULES

CIVIL RULES

CRIMINAL RULES

MAGISTRATE RULES

RULES OF DISCIPLINARY

ENFORCEMENT

January 1, 1985

CITE THESE RULES AS:

Local Rule _ _ _ _ _ _ _ _ __

THE UNITED ST A TES

DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF NORTH CAROLINA

CHIEF JUDGE

Hiram H. Ward

Suite 246, Federal Building

251 North Main Street

Winston-Salem, NC 27101

DISTRICT JUDGE

Richard C. Erwin

P. 0. Box 89

Greensboro, NC 27402

DISTRICT JUDGE

Frank W. Bullock, Jr.

P. 0. Box 3807

Durham, NC 27702

SENIOR JUDGE

Eugene A. Gordon

P. 0. Box 3285

Greensboro, NC 27402

****

MAGISTRATE

Paul Trevor Sharp

P. 0. Box 3195

Greensboro, NC 27402

MAGISTRATE

Russell A. Eliason

Suite 224, Federal Building

Winston-Salem, NC 27101

****

BANKRUPTCY JUDGE

James B. Wolfe, Jr.

219 Meyers Law Center

P. 0. Box 1708

Greensboro, NC 27402

BANKRUPTCY JUDGE

Rufus W. Reynolds

222 Meyers Law Center

202 South Elm Street

Greensboro, NC 27401

****

CLERK

J.P. Creekmore

P. 0. Box V-1

Greensboro, NC 27 402

IN THE

UNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF NORTH CAROLINA

IN THE MATTER OF RULES

OF PRACTICE AND

PROCEDURE IN THIS

COURT

ORDER ADOPTING

RULES OF PRACTICE

AND PROCEDURE

For good cause appearing to the Court,

IT IS ORDERED that:

1. The following Rules of Practice and Procedure in the

United States District Court for the Middle District of North

Carolina be and they hereby are adopted, effective at 12:01 a.m.,

on the 1st day of January 1985. At that time these local rules

shall supersede local rules theretofore in effect and shall apply to

all pending cases, unless the Court finds that their application in

a specific case would result in injustice or hardship.

2. These rules are adopted in compliance with and pursuant to

the authority of Rule 83, Fed. R. Civ. P.; Rule 57, Fed. R. Crim. P.;

and other federal rules and statutes providing for district court local

rules.

3. The Clerk is directed to make appropriate arrangements to

see that these rules are published promptly and that copies of the

rules are made available for distribution to the bar and the public.

This the 15th day of August 1984.

s/ Hiram H. Ward

Chief Judge, United States District Court

s/ Richard C. Erwin

Judge, United States District Court

s/ Frank W. Bullock, Jr.

Judge, United States District Court

ACKNOWLEDGMENT

These Rules of Practice and Procedure are the result of

dedicated study and work by many individuals. Several years ago,

Chief Judge Gordon recognized that the passage of time had inevitably brought changes in federal practice which impacted upon

the Court's long-standing local rules. He therefore appointed a committee to study revision of the rules. As a part of that committee,

Judge Ward, Magistrate Eliason, then Clerk Carmon J. Stuart, Professor Leon H. Corbett, Jr. of Wake Forest University School of

Law, W. Pendleton Sandridge, Jr., Larry B. Sitton, and Kenneth K.

Kyre, Jr. prepared preliminary drafts and background research

which substantially assisted in preparation of these rules. Further

study of the rules was undertaken, at the direction of Chief Judge

Ward, by Magistrates Eliason and Sharp, beginning in late 1983.

The Magistrates were ably assisted in their work by J.P.

Creekmore, Clerk of this Court. The rules prepared by the

Magistrates, after consideration and revision by the full Court, were

submitted to an Advisory Committee of the Bar, for comment and

advice. Thornton H. Brooks chaired the Committee, which included

Jonathan R. Harkavy, H. Grady Barnhill, Jr., Mary W. Root,

James B. Maxwell, Walter F. Brinkley, Fred W. Bynum, Jr., and

Benjamin H. White, Jr. The Advisory Committee provided the

Court with wise counsel which has served to strengthen the Rules of

Practice and Procedure.

The Court wishes to express its deep appreciation to all who

have served to bring these Rules of Practice and Procedure into existence. The Court is well aware of the many hours of hard work

which were generously given by members of the Bar. It is the

Court's hope and belief that these rules will fairly serve the Bar and

all litigants who come before this district court.

Hiram H. Ward, Chief Judge

United States District Court

Richard C. Erwin, Judge

United States District Court

Frank W. Bullock, Jr., Judge

United States District Court

RULES OF PRACTICE

AND PROCEDURE

TABLE OF RULES

I. GENERAL RULES

RULE 101 - PHILOSOPHY OF RULES

RULE 102 - SCOPE OF RULES

RULE 103 - ATTORNEYS

(a)

(b)

(c)

(d)

(e)

Roll of Attorneys

Eligibility and Admission

Litigants Must be Represented by

Member of the Bar of This Court

Special Appearance

Withdrawal of Appearance

RULE 104 - COURT SCHEDULE AND CONDUCT OF

BUSINESS

(a)

(b)

(c)

(d)

Headquarters

Scheduling

Naturalization

Divisions of the Court

RULE 105 - EXTENSIONS OF TIME AND CONTINUANCES

OF HEARINGS

(a)

(b)

Extensions of Time and

Continuances of Headings

Motions for Continuance

RULE 106 - FORM OF PLEADINGS AND PAPERS

(a)

(b)

(c)

(d)

(e)

Form

Identification of Documents

Telephone Numbers and Addresses

Exhibits to Pleadings or Papers

Civil Rights Actions by Prisoner,

42 u.s.c. § 1983

i

RULE 107 - BRIEFS AND MEMORANDA OF LAW

(a)

(b)

(c)

(d)

(e)

Contents

Citation of Cases

Citation of Unpublished Decisions

Citation of Decisions Not

Appearing in Certain Published

Reports

Additional Copies of Briefs for

Court Use

RULE 108 - ORDERS AND JUDGMENTS GRANTABLE BY

CLERK

(a)

(b)

Orders and Judgments

Clerk's Action Reviewable

RULE 109 - ACCESS TO COURT RECORDS

(a)

(b)

Access

Copies

RULE 110 - SURETIES

(a)

(b)

(c)

Security

Individual Sureties

Approval

RULE 111 - REGISTRY FUNDS

(a)

(b)

Deposit with the Treasury

Investment in Income-Earning

Account

RULE 112 - JURIES IN CIVIL AND CRIMINAL CASES

(a)

(b)

(c)

(d)

Examination of Jurors

Contacts Prohibited

Disclosure of Names and Addresses

of Prospective Jurors

Number of Jurors in Civil

Jury Cases

RULE 113 - JURY ARGUMENTS AND INSTRUCTIONS

(a)

(b)

Jury Arguments

Instructions to Jury

ii

RULE 114 - COURTROOM PRACTICES

(a)

(b)

Addressing the Court

Questioning Witnesses

RULE 115 - CUSTODY AND DISPOSITION OF TRIAL

EXHIBITS, SEALED DOCUMENTS, AND FILED

DEPOSITIONS

(a)

(b)

(c)

(d)

Custody with the Clerk

Custody with the Offering Party

Disposition of Exhibits, Sealed

Documents, and Filed Depositions

by Clerk

Depositions

RULE 116 - DESIGNATION OF CONTENTS OF RECORD

ON INTERLOCUTORY APPEAL

RULE 117 - DISPOSITION OF PRIVATE PROPERTY

(a)

(b)

Disposition

Sanctions

RULE 118 - OFFICIAL COURT REPORTERS

RULE 119 - PHOTOGRAPHS, RECORDINGS, AND

BROADCASTS

RULE 120 - COURT LIBRARIES

RULE 121 - RELEASE OF INFORMATION BY COURT

PERSONNEL

RULE 122 - SANCTIONS

(a)

(b)

Imposition of Sanctions

Sanctions within the Discretion

of the Court

RULE 123 - MARSHAL SECURITY

RULES 124-199: RESERVED FOR FUTURE PURPOSES

iii

II.

CIVIL RULES

RULE 201 - COMMENCEMENT OF ACTIONS

(a)

(b)

Civil Docket Cover Sheet

Removal Petitions

RULE 202 - FILING OF PAPERS AND PROOF OF SERVICE

(a)

(b)

(c)

(d)

Additional Copies for Court Use

Proof of Service

Ex Parte Orders

Files in Condemnation Actions

Commenced by the United States

RULE 203 - MOTION PRACTICE

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

Form

Content

Decided On Motion Papers

and Brief

Movant's Supporting Documents

and Brief

Response to Motion and Brief

Extension of Time for Filing

Supporting Documents and Briefs

Reply Brief

Motions not requiring Briefs

Failure to File and Serve

Motion Papers

RULE 204 - INITIAL PRETRIAL ORDER

(a)

(b)

(c)

Requirement for Initial Pretrial

Order

Initial Pretrial Order by

Conference

Initial Pretrial Order by

Stipulation

RULE 205 - DISCOVERY

(a)

(b)

Discovery Procedures and

Materials

Limitation on Use of

Interrogatories

iv

(c)

(d)

(e)

(f)

Conference of Attorneys with

Respect to Motions and Objections

Relating to Discovery

Completion of Discovery

Extension of Time for Discovery

Trial Preparation after the

Close of Discovery

RULE 206 - TIME FOR FILING DISPOSITIVE MOTIONS

, (a)

(b)

(c)

Notice of Dispositive Motion

Filing of Dispositive Motions

Failure to Timely File

Dispositive Motions

RULE 207 - FIN AL PRETRIAL CONFERENCE

(a)

(b)

(c)

(d)

(e)

(f)

Conference of Attorneys

Preparation for the Conference

of Attorneys

(1)

Contentions of Plaintiff

(2)

Contentions of Defendant

(3) · Contentions of Cross- Claimant

or Third-Party Defendant

(4)

Suggested Stipulations

(5)

Exhibits

(6)

Witnesses

(7)

Issues for Trial

Discussion of Settlement

Possibilities

Preparation of Final Pretrial

Order by Plaintiff's Counsel

The Final Pretrial Conference

Sanctions

RULE 208 - TRIAL PROCEDURE

(a)

(b)

(c)

Opening Statements in Civil

Actions

Documents, Other than Exhibits,

Used at Trial

Absence During Return of Verdict

V

RULE 209 - TAXATION OF COSTS

(a)

(b)

(c)

(d)

(e)

Filing Bill of Costs

Objections to Bill of Costs

Taxable Costs

Costs in Settlements

Payment of Costs

RULE 210 - AWARD OF STATUTORY ATTORNEY'S FEES

RULE 211 - INJUNCTIONS AND TEMPORARY RESTRAINING ORDERS

(a)

(b)

Form of Application

Hearing

RULE 212 - CLASS ACTIONS

(a)

(b)

(c)

(d)

Class Action Complaint

Motion for Class Action

Determination

Class Action Counterclaims or

Cross-Claims

Burden of Proof; Notice

RULE 213 - MINORS AND INCOMPETENTS AS PARTIES

(a)

(b)

(c)

(d)

(e)

(f)

Capacity to Sue or be Sued

Appointment of Guardian ad litem

Termination of Actions; Court

Hearing and Approval

Fees

Consent Judgments Approving

Settlements

Payment of Judgment

RULE 214 - CLAIM OF UNCONSTITUTIONALITY;

THREE-JUDGE COURTS

(a)

(b)

Notification

Additional Copies

RULE 215 - SETTLEMENT

RULES 216-299: RESERVED FOR FUTURE PURPOSES

vi

III. CRIMINAL RULES

RULE 301 - PROMPl' DISPOSITION OF CRIMINAL CASES

RULE 302 - PRETRIAL MOTIONS IN CRIMINAL CASES

(a)

Time for Filing

(b)

Extension of Time for Filing

(c)

Motions Adopting Other Motions

(d)

Discovery Motions

RULE 303 - REPRESENTATION OF CERTAIN

DEFENDANTS

RULE 304 - PAYMENT OF FIXED SUM IN LIEU OF

APPEARANCE IN CERTAIN MISDEMEANOR

CASES

RULE 305 - FAIR TRIAL DIRECTIVES

(a)

(b)

Prohibited Statements; Attorney's

Obligations

Attorney's Employees and

Associates

RULES 306-399: RESERVED FOR FUTURE PURPOSES

PART IV - MAGISTRATE RULES

RULE 401 - AUTHORITY OF MAGISTRATES

(a)

(b)

Designation to Conduct Trials

and to Perform Other Duties

Authority to Perform Additional

Duties

RULE 402 - CONSENT TO CIVIL TRIAL JURISDICTION

(a)

(b)

(c)

Consent to Exercise of Civil

Jurisdiction

Withdrawal of Consent

Reference Discretionary

vii

RULE 403 - CONSENT TO DESIGNATION OF

MAGISTRATE AS A SPECIAL MASTER

(a)

(b)

Consent

Reference

RULE 404 - ASSIGNMENT OF MATTERS TO

MAGISTRATES

RULE 405 - OBJECTIONS; APPEALS; STAY OF ORDER

(a)

(b)

(c)

(d)

Objections to Magistrate's Order

Objections to Magistrate's

Recommendation

Appeal from Judgment

Application for Stay of

Magistrate's Order

RULES 406-499: RESERVED FOR FUTURE PURPOSES

V.

RULES OF DISCIPLINARY ENFORCEMENT

RULE 501 - PURPOSE OF DISCIPLINARY RULES

RULE 502 - ATTORNEYS CONVICTED OF A CRIME

(a)

(b)

(c)

(d)

(e)

Suspension Upon Filing of Judgment

Definition of Serious Crime

Conviction of Serious Crime

Conviction of Other Crime

Reinstatement after Suspension

RULE 503 - DISCIPLINE IMPOSED BY ANOTHER COURT

OR BY A STATE BAR

(a)

(b)

(c)

Duty to Inform the Clerk

Show Cause Order

Imposition of Discipline

RULE 504 - DISBARMENT ON CONSENT OR RESIGNATION IN ANOTHER COURT OR BEFORE A STATE BAR

viii

RULE 505 - STANDARDS FOR PROFESSIONAL CONDUCT

(a)

(b)

Disciplinary Enforcement

Standards for Conduct

RULE 506 - DISCIPLINARY PROCEEDINGS

(a)

(b)

(c)

(d)

Referral of Complaints to Counsel

or to a State Bar

Recommendation by Counsel

Initiation of Disciplinary

Proceedings

Hearing

RULE 507 - DISBARMENT ON CONSENT WHILE UNDER

DISCIPLINARY INVESTIGATION OR

PROSECUTION

(a)

(b)

(c)

Consent to Disbarment

Order of Disbarment

Record

RULE 508 - REINSTATEMENT

(a)

(b)

(c)

(d)

(e)

(f)

Automatic Reinstatement;

Reinstatement by Order

Time for Petition

Procedure

Costs

Order of Reinstatement

Successive Petitions

RULE 509 - ATTORNEYS SPECIALLY APPEARING

RULE 510 - SERVICE OF PAPERS AND OTHER NOTICES

RULE 511 - APPOINTMENT OF COUNSEL

RULE 512 - DUTIES OF THE CLERK

(a)

(b)

Obtaining Certificate of

Conviction

Obtaining Certificate of

Disciplinary Judgment or Order

ix

(c)

(d)

Clerk to Inform Other

Jurisdictions

Clerk to Inform the National

Discipline Data Bank

RULE 513 - JURISDICTION

RULES 514-599: RESERVED FOR FUTURE PURPOSES

APPENDIX OF FORMS

FORM 1 - INITIAL PRETRIAL STIPULATIONS AND

ORDER

FORM 2 - ORDER ON FINAL PRETRIAL CONFERENCE

X

I. GENERAL RULES

RULE 101

PHILOSOPHY OF RULES

These rules shall be construed and enforced in such manner as

to avoid technical delay, permit just and prompt determination of

all proceedings, and promote the efficient administration of justice.

-3-

RULE 102

SCOPE OF RULES

These rules shall govern the procedure in all proceedings before

this court, except for proceedings before the bankruptcy court. As

used in these rules, the term "judge" refers to a United States

district court judge, and the term "magistrate" refers to a full-time

United States magistrate.

-5-

RULE 103

ATTORNEYS

(a) Roll of Attorneys. The bar of this court shall consist of

those attorneys admitted to practice before this court.

(b) Eligibility and Admission. To be eligible for admission to

the bar of the court, a person must be a resident of this state, admitted to the practice of law in this state, and in good standing with the

Supreme Court of North Carolina. A judge or magistrate will consider a request for admission only upon motion made in open court

by a member of the bar of this court. Prior to being admitted to

practice, an attorney must certify that he has read and is familiar

with the Federal Rules of Civil Procedure, the Federal Rules of

Criminal Procedure, the Federal Rules of Evidence, the Local Rules

of this court, and the North Carolina Code of Professional Responsibility. Attorneys seeking admission to practice in this court must

take an oath or make an affirmation in a form approved by the court

and pay the filing fee. Attorneys who move their permanent

residence outside the state of North Carolina after admission to this

bar will be dropped from the roll of members.

(c) Litigants Must Be Represented by Member of the Bar

of This Court.

(1) Litigants in civil and criminal actions and parties in

bankruptcy proceedings before this court, except governmental

agencies and parties appearing pro se, must be represented by at

least one attorney who is a member of the bar of this court. The service of all pleadings and papers permitted by the Federal Rules of

Civil and Criminal Procedures shall be sufficient if made upon such

attorney.

(2) All pleadings and papers presented to the clerk for filing,

except by attorneys representing governmental agencies or parties

appearing prose, shall be rejected by the clerk unless signed by a

member of the bar of this court.

(d) Special Appearance.

(1) Attorneys who are members in good standing of the bar of

the highest court of any state or the District of Columbia may practice in this court for a particular case in association with a member

of the bar of this court. By entering an appearance, an attorney

agrees that:

(i) he will be responsible for ensuring the presence of

an attorney who is familiar with the case and has

authority to control the litigation at all conferences, hearings, trials and other proceedings;

and that

-7-

he submits himself to the disciplinary jurisdiction

of the court for any misconduct in connection with

the litigation for which he is specially appearing.

(2) A member of the bar of this court who accepts employment

in association with a specially appearing attorney is responsible to

this court for the conduct of the litigation or proceeding and must

sign all pleadings and papers, except for certificates of service. Such

member must be present during pretrial conferences, potentially

dispositive proceedin~s, and trial.

(e) Withdrawal of Appearance. No attorney who has entered

an appearance in any civil or criminal action shall be permitted to

withdraw his appearance, or have it stricken from the record, except

on order of the court.

(ii)

-8-

RULE 104

COURT SCHEDULE AND

CONDUCT OF BUSINESS

(a) Headquarters. The headquarters of the court shall be

located in Greensboro. All pleadings and papers submitted for filing

shall be presented to the clerk in Greensboro, except that papers

may be filed in open court in any court location when permitted by a

judge or magistrate.

(b) Scheduling. Conferences, hearings, and trials will be

scheduled by the court or by the clerk at the court's direction. All

sessions of court will commence at 9:30 a.m. unless otherwise announced.

(c) Naturalization. Petitions for naturalization will be considered by the court at Greensboro, North Carolina, on Fridays after

the third Mondays in March, July, and October, unless otherwise

ordered. In its discretion, the court may at other times consider

petitions for naturalization when made by members of the armed

services, seamen on merchant vessels registered under the laws of

the United States, members of the immediate families and

dependents of such personnel, or other persons in exceptional circumstances.

(d) Divisions of the Court. There are five divisions of the

court, as follows:

Division

Counties Comprising Division

Durham

Chatham

Durham

Lee

Orange

Person

Greensboro

Alamance

Caswell

Guilford

Randolph

Rockingham

Rockingham

Hoke

Montgomery

Moore

Richmond

Scotland

-9-

Salisbury

Cabarrus

Davidson

Davie

Rowan

Stanly

Winston-Salem

Forsyth

Stokes

Surry

Yadkin

- 10 -

RULE 105

EXTENSIONS OF TIME AND CONTINUANCES

OF HEARINGS

(a) Motions for an Extension of Time to Perform an Act. All

motions for an extension of time to perform an act required or allowed to be done within a specified time must show prior consultation

with opposing counsel and the views of opposing counsel. Extensions will not be allowed unless the motion is made before the expiration of the specified time, except upon a showing of excusable

neglect. Stipulations with respect to extensions of time are subject

to the approval of the court. Consent orders extending time may be

signed by the clerk to the extent provided by Local Rule 108. Extensions to file an answer or other responsive pleading will not be

granted beyond a total of 30 days from the date the answer was

originally due, except upon a showing of good cause.

(b) Motions for Continuance. All motions to continue a

pretrial conference, hearing on a motion, or the trial of an action

must be presented through the clerk's office for the court's consideration reasonably in advance of the hearing date and must

reflect the views of opposing counsel.

- 11 -

RULE 106

FORM OF PLEADINGS AND PAPERS

(a) Form. Pleadings, motions, briefs, and other papers submitted for filing must be typewritten, printed, or legibly handwritten on letter size paper. The pages shall be unfolded and shall be

bound at the top and numbered at the bottom, without manuscript

cover. Typewritten documents should be double spaced or one and

one-half spaced. Mechanically reproduced copies which bear an

original signature will be accepted by the court as originals.

(b) Identification of Documents. All papers submitted for filing shall follow the heading format set out in the Appendix of

Forms, Fed. R. Civ. P., and papers submitted subsequent to the

original complaint shall bear the case number.

(c) Telephone Numbers and Addresses. Parties or attorneys

signing papers submitted for filing must state their telephone

numbers as well as their addresses.

(d) Exhibits to Pleadings or Papers. Bulky or voluminous

materials should not be submitted for filing with a pleading or

paper, or incorporated by reference therein, unless such materials

are essential. The court may order any pleading or paper stricken if

filed in violation of this rule.

(e) Civil Rights Actions by Prisoners, 42 U .S.C. § 1983. All

pro se complaints filed by state prisoners seeking relief under 42

U.S.C. § 1983 shall be filed with the clerk in compliance with the instructions of the clerk and on appropriate forms which are available

without charge in the clerk's office. In each action, an original and

one copy of the complaint for the court and one copy of the complaint for each defendant must be provided by the plaintiff.

- 13 -

RULE 107

BRIEFS AND MEMORANDA OF LAW

(a) Contents. All briefs filed with the court shall contain:

(1) A statement of the nature of the matter before the court.

(2) A concise statement of the facts. Each statement of fact

should be supported by reference to a part of the official record in

the case.

(3) A statement of the question or questions presented.

(4) The argument, which shall refer to all statutes, rules and

authorities relied upon.

(b) Citation of Cases. Cases cited should include parallel citations, the year of the decision, and the court deciding the case. If a

petition for certiorari was filed in the United States Supreme Court,

disposition of the case should be shown with three parallel citations

(e.g., Carson v. Warlick, 238 F.2d 724 (4th Cir. 1956), cert denied,

353 U.S. 910, 77 S.Ct. 665, 1L.Ed.2d 664 (1957).

(c) Citation of Unpublished Decisions. Unpublished decisions

may be cited only if the unpublished decision is furnished to the

court and to opposing parties or their counsel when the memorandum is filed. Unpublished decisions should be cited as follows: Wise

v. Richardson, No. C-70-191-S (M.D.N.C., August 11, 1971).

(d) Citation of Decisions Not Appearing in Certain Published

Reports. Decisions published in reports other than the West

Federal Reporter System, the official North Carolina reports and

the official United States Supreme Court reports (e.g., C.C.H.

Reports, Labor Reports, U.S.P.Q., reported decisions of other states

or other specialized reporting services) may be cited only if the decision is furnished to the court and to opposing parties or their

counsel when the memorandum is filed.

(e) Additional Copies of Briefs for Court Use. At the time the

original of a brief is filed, a working copy of the brief for use by the

judge or magistrate shall be delivered to the clerk.

- 15 -

RULE 108

ORDERS AND JUDGMENTS GRANTABLE

BY CLERK

(a) Orders and Judgments. The clerk is authorized to grant

the following orders and judgments without direction by the court:

(1) Consent orders for the substitution of attorneys.

(2) Consent orders in civil actions for extending for not more

than 30 days (plus an additional 30 days upon a showing of good

cause) the time within which to answer or otherwise plead, to

answer interrogatories, to respond to requests for production of

documents, to respond to requests for admission, or to respond to

motions.

(3) Consent orders dismissing an action, except in cases

governed by Rules 23 or 66, Fed. R. Civ. P.

(4) Entry of default and judgment by default as provided for in

Rules 55(a) and 55(b)(l), Fed. R. Civ. P.

(5) Orders canceling liability on bonds other than orders

disbursing funds from the court's registry account.

(6) Orders appointing persons to serve process pursuant to

Rule 4(c), Fed. R. Civ. P.

(7) Ex parte orders as authorized in Local Rule 203(f).

(b) Clerk's Action Reviewable. The actions of the clerk may

be suspended, altered or rescinded by the court upon cause shown.

- 17 -

RULE 109

ACCESS TO COURT RECORDS

(a) Access. The public records of the court are available for examination in the clerk's office during normal business hours.

(1) No file, pleading or paper, or index card may be removed

from the clerk's office· without the approval of a judge or

magistrate.

(2) When removal of a file or document is authorized, the clerk

will set a date for its return and will require a written receipt for its

release.

(b) Copies. The clerk will make and furnish copies of official

court records upon request and upon payment of prescribed fees.

- 19 -

RULE 110

SURETIES

(a) Security. Except as otherwise provided by law or by order

of the court, all bonds, guaranties, and undertakings must be

secured by:

(1) Deposit of cash, certified check, certificate of deposit, bank

draft, Post Office money order, negotiable bond, note of the United

States as defined in Title 6, U.S.C. § 15, or other bond or note of the

United States with the agreement provided for in 6 U.S.C. § 15;

(2) Undertaking of guaranty of a company holding a certificate

of authority from the U.S. Department of Treasury as an acceptable

surety on federal bonds; which company has filed with the clerk the

designation of a resident of this district as agent, dated not more

than three years earlier than the date of the undertaking, upon

whom process may be served; and which company is otherwise

qualified by having met all requirements of the law of North

Carolina and of Title 6, U.S.C. §§ 6-13; or

(3) Undertaking of individual surety or sureties who are

residents of North Carolina and own property within the state

worth double the amount of the bond or undertaking over all exemptions, debts, liabilities and other obligations.

(b) Individual Sureties.

(1) An individual surety must execute an affidavit of justification giving full name, occupation, residence address, business address, and facts showing his financial qualification to act as surety.

(2) A husband and wife are considered as one surety.

(3) Members of the bar, officers and employees of this court,

and employees of the Department of Justice serving in this district

may not serve as sureties in any suit, action, or proceeding in this

court.

(c) Approval. All bonds, guaranties, undertakings, and individual sureties must be approved by a judge, magistrate, or the

clerk. Individual sureties who justify on the basis of ownership of

real or personal property may be required to provide proof of ownership such as a title search and certificate of title, and give security

in the form of a proper security instrument or deed of trust.

- 21 -

RULE 111

REGISTRY FUNDS

(a) Deposit with the Treasury. Unless otherwise ordered by

the court, the clerk shall deposit registry funds in the Treasury of

the United States.

(b) Investment in Income-Earning Account. Upon motion or

upon consent of the parties, the court may order the clerk to invest

certain registry funds in an income-earning account. The order may

issue upon a consent request of the parties or upon motion by an interested party, in accordance with the following procedures:

(1) A consent request must demonstrate the assent of all interested and potentially interested parties. The agreement must

demonstrate that the investment will be in compliance with applicable provisions of the law regulating the investment of public

monies, provide for proper disposition of future earnings, and set

out with particularity the following information:

(i) the form of deposit;

(ii) the amount to be invested;

(iii) the type of investment to be made by the clerk of

court; i.e., passbook savings, insured money fund,

CD, etc.

(iv) the name and address of the private institution

where the deposit is to be made;

(v) the rate of interest at which the deposit is to be

made, if possible;

(vi) the length of time the money should be invested,

whether it should automatically be reinvested, etc.,

keeping in mind that some investments include a

penalty for early withdrawal;

(vii) the name and address of the designated beneficiary

or beneficiaries;

(viii) the form of additional collateral to be posted by the

private institution in the event that the standard

F.D.I.C. coverage is insufficient to insure the total

amount of deposit; and

(ix) such other information that may be deemed appropriate under the facts and circumstances of the

particular case.

The consent request shall be accompanied by a proposed order directing the clerk to proceed with the investment.

(2) A motion may be filed ex parte by an interested party, and

the court may enter an order in advance of the filing of any response

thereto. The motion must set forth the showings required in subsection (b)(l) concerning the investment and must include a proposed

- 23 -

order. The motion must be served on all known interested parties

who do not join therein. If an order is entered prior to the filing of a

response in opposition, the motion will be reconsidered by the court.

The court may determine the motion upon the record or may, in its

discretion, call for a hearing on the matter.

- 24 -

RULE 112

JURIES IN CIVIL AND CRIMINAL CASES

Examination of Jurors.

(1) The court will conduct the examination of prospective

jurors.

(2) When the court's examination is completed, attorneys and

parties appearing pro se may request that the court ask additional

questions to the prospective jurors.

(b) Contacts Prohibited.

(1) All parties, witnesses, and attorneys shall avoid any extrajudicial contact or communication with a grand juror or member of

a petit jury venire or panel who has been or may be selected in a case

in which that person is involved. No person may have any extrajudicial contact or communication, either directly or indirectly, with

a grand juror, member of a petit jury venire or panel which may

reasonably have the effect of influencing, or which is intended to influence, the grand juror, potential petit juror, or sitting petit juror.

(2) Attorneys for parties shall inform their clients and

witnesses of this rule.

(3) No person shall approach a juror, either directly or through

any member of his immediate family, in an effort to secure information concerning the juror's background.

(4) No provision of this rule is intended to prohibit communication with a petit juror after the juror has been dismissed from further service, so long as the communication does not tend to harass,

humiliate, or intimidate the juror in any fashion.

(c) Disclosure of Names and Addresses of Prospective Jurors.

(1) The names of prospective jurors for any session of court or

for a specific case may not be disclosed prior to their reporting for

duty except in compliance with instructions of the court. The clerk

will make available to counsel for the parties, and to any parties appearing pro se, a list which sets forth the name, general address, and

occupation of each potential juror when court is opened for thesession for which the jurors have been summoned.

(2) The names, addresses, and telephone numbers of persons

who have served as jurors may not be disclosed by the clerk's office

without court permission.

(d) Number of Jurors in Civil Jury Cases. In civil jury cases

the jury shall consist of six (6) members.

(a)

- 25 -

RULE 113

JURY ARGUMENTS AND INSTRUCTIONS

(a) Jury Arguments. In the trial of civil actions the party

having the burden of proof shall have the right to open and close the

jury argument, without regard to whether the defendant has offered

evidence. If each of the parties has the burden of proof on one or

more issues, the court, in its discretion, shall determine the order of

arguments. All arguments shall be subject to such time limitations

as may be imposed by the court.

(b) Instructions to Jury. In all cases tried to a jury, a party

who desires the jury to be instructed on a particular point must set

it out in writing and furnish it to the court before jury arguments

commence.

- 27 -

RULE 114

COURTROOM PRACTICES

(a) Addressing the Court. Attorneys or pro se litigants shall

rise when addressing the court, and shall make all statements to the

court from behind the counsel table or the lectern facing the court.

They shall not approach the bench, except upon the permission of

the court.

(b) Questioning Witnesses. While questioning witnesses, attorneys or pro se litigants shall remain seated or standing behind

the counsel table or standing at the lectern. They shall not approach

the witness except for the purpose of examining the witness with

respect to an exhibit. Only one attorney for each party may participate in the examination or cross-examination of a witness.

- 29 -

RULE 115

CUSTODY AND DISPOSITION OF

TRIAL EXHIBITS, SEALED DOCUMENTS,

AND FILED DEPOSITIONS

(a) Custody with the Clerk. Unless otherwise directed by tne

court, all trial exhibits admitted into evidence in criminal and civil

actions shall be placed in the custody of the clerk, except as provided in section (b) below.

(b) Custody with the Offering Party. All exhibits not suitable

for filing and transmission to the court of appeals as a part of a

record on appeal shall be retained in the custody of the party offering them, subject to the orders of the court. Such exhibits shall include, but not be limited to, the following types of bulky or sensitive

exhibits: narcotics and other controlled substances, firearms, ammunition, explosive devices, jewelry, liquor, poisonous or dangerous

chemicals, money or articles of high monetary value, counterfeit

money, and documents or physical exhibits of unusual bulk or

weight.

At the conclusion of a trial or proceeding, the party offering

such exhibits shall retain custody of them and be responsible to the

court for preserving them in their condition as of the time admitted

until any appeal is resolved or the time for appeal has expired. The

party retaining custody shall make such exhibits available to opposing counsel for use in preparation of an appeal and be responsible for

their safe transmission to the appellate court, if required.

(c) Disposition of Exhibits, Sealed Documents, and Filed

Depositions by Clerk. Any exhibit, sealed document, or filed

deposition in the clerk's custody more than 30 days after the time

for appeal, if any, has expired or an appeal has been decided and

mandate received, may be returned to the parties or destroyed by

the clerk.

(d) Depositions. Depositions read into the court record are

considered exhibits for which the parties shall be responsible as provided in section (b) above. Depositions on file admitted into

evidence but not read into the record shall be retained in the clerk's

custody and disposed of as authorized in section (c) of this rule.

- 31-

RULE 116

DESIGNATION OF CONTENTS OF RECORD ON

INTERLOCUTORY APPEAL

Unless the parties file a written stipulation with the clerk within

20 days after notice of interlocutory appeal is filed designating the

papers which shall constitute the record on appeal, the clerk shall

certify and forward to the court of appeals all the original papers in

the file jacket dealing with the action or proceeding in which the appeal is taken.

- 33 -

RULE 117

DISPOSITION OF PRIVATE PROPERTY

(a) Disposition. Whenever, during the course of an investigation, a trial of any action, or any other proceeding in this court,

money, contraband, or other private property comes into the possession or custody of a law enforcement officer or an officer of the

court, which will require an order of this court to determine its

ownership or proper disposition, it is the responsibility of the attorney representing the party having original custody or control of

such property to apply to the court for an order determining its

ownership and directing its disposition.

(1) This application must be made before the conclusion of the

litigation while all parties are before the court in person or through

their attorneys.

(2) If the court cannot determine ownership or the proper

disposition on the basis of the record or information from the parties before it, application must be made for an order providing for

temporary custody pending institution of appropriate civil proceedings to determine final ownership or disposition.

(b) Sanctions. The court may impose sanctions as provided in

Local Rule 122 against any party or attorney whose failure to comply with this rule necessitates a subsequent hearing or court proceeding which would otherwise not have been necessary.

- 35 -

RULE 118

OFFICIAL COURT REPORTERS

The duties and responsibilities of official court reporters of this

court are set forth in the Court Reporters Management Plan which

is a pubiic document on file with the office of the clerk.

- 37 -

RULE 119

PHOTOGRAPHS, RECORDINGS, AND BROADCASTS

Radio or television broadcasting and the use of photographic,

electronic, or mechanical reproduction or recording equipment

without court permission is prohibited in courtrooms or their environs. "Environs" is defined to mean the courtrooms, the offices of

the judges, magistrates, clerk, probation officers, or any corridor

connecting or adjacent thereto. Ceremonial proceedings such as the

administration of oaths of office to appointed officials of the court,

naturalization, and presentation of portraits, may be photographed

in or broadcast from the courtroom, under the supervision of the

court. This rule does not apply to courtroom proceedings by other

government agencies.

- 39 -

RULE 120

COURT LIBRARIES

The court's libraries are maintained for the exclusive use of the

judges and magistrates.

- 41 -

RULE 121

RELEASE OF INFORMATION BY

COURT PERSONNEL

All court personnel, including, among others, the United States

marshal and his deputies, the clerk of court and his deputies, the

chief probation officer and his officers, bailiffs, and court reporters,

are prohibited from disclosing to any person, without authorization

by the court, information relating to a case that is not part of the

public records of the court. This proscription applies to the

divulgence of information concerning arguments and hearings held

in chambers or otherwise outside the presence of the public.

- 43 -

RULE 122

SANCTIONS

(a) Imposition of Sanctions. If an attorney or a party fails to

comply with a local rule of this court, the court may impose sanctions against the attorney or party, or both. The court may make

such orders as are just under the circumstances of the case, including the following:

(1) an order that designated matters or facts shall be taken as

established for purposes of the action;

(2) an order refusing to allow the failing party to support or op·

pose designated claims or defenses, or prohibiting him from in·

troducing designated matters in evidence;

(3) an order striking out pleadings or parts thereof, or staying

proceedings until the rule is complied with, or dismissing the action

or any part thereof, or rendering a judgment by default against the

failing party;

(4) an order imposing costs, including attorney's fees, against

the party, or his attorney, who has failed to comply with a local rule.

(b) Sanctions Within the Discretion of the Court. The imposi·

tion of sanctions for violation of a local rule is discretionary with the

court. In considering the imposition of sanctions, the court may consider whether a party's failure was substantially justified or

whether other circumstances make the imposition of sanctions inap·

propriate.

- 45 -

RULE 123

MARSHAL SECURITY

The United States marshal or a deputy shall be present at all

proceedings held in open court, unless otherwise ordered by the

court.

Rules 124-199: Reserved for future purposes.

- 47 -

II. CIVIL RULES

RULE 201

COMMENCEMENT OF ACTIONS

(a) Civil Docket Cover Sheet. A civil docket cover sheet, in a

form supplied by the clerk, must be completed and submitted in

duplicate with any complaint commencing an action or any petition

for removal from state court.

(b) Removal Petitions. The penal sum of a bond required by

28 U.S.C. § 1446(d) upon removal of an action is $500.00, unless

otherwise ordered.

- i;1 -

RULE 202

FILING OF PAPERS AND PROOF OF SERVICE

(a) Additional Copies for Court Use. A copy of the following

documents should be delivered to the clerk for use by the court when

the original is filed:

(1) A brief.

(2) Proposed findings of facts and conclusions of law ..

(3) Requests for jury instructions.

(4) Final pretrial order.

(b) Proof of Service. Proof of service of papers other than the

original complaint may be made by written acknowledgment of service by the party served, or by a certificate of counsel for the party

filing the pleading or paper, or by affidavit of the person making service, but these methods of proof shall not be exclusive. The original

of all papers filed shall indicate the date and method of service.

(c) Ex Parte Orders. Whenever the court has made an ex parte

order, the party obtaining it shall serve, within two days thereafter,

a copy thereof upon each adverse party who is affected thereby,

together with a copy of the papers on which the order was based.

(d) Files in Condemnation Actions Commenced by the United

States. When the United States files separate condemnation actions and a single declaration of taking relating to those separate actions, the clerk is authorized to establish a master file in which the

declaration of taking may be filed, and the filing of the declaration

of taking therein shall constitute a filing of the same in each of the

actions to which it relates.

- 53 -

RULE 203

MOTION PRACTICE

(a) Form. All motions, unless made during a hearing or at

trial, shall be in writing and shall be accompanied by a brief except

as provided in section (h) of this rule.

(b) Content. All motions shall state with particularity the

grounds therefor, shall cite any statute or rule of procedure relied

upon, and shall set forth the relief or order sought.

(c) Decided on Motion Papers and Briefs.

(1) Motions shall be considered and decided by the court on the

pleadings, admissible evidence in the official court file, and motion

papers and briefs, without hearing or oral argument, unless otherwise ordered by the court. Special considerations thought by

counsel sufficient to warrant a hearing or oral argument may be

brought to the court's attention in the motion or response.

(2) The clerk shall give at least five days' notice of the date and

place of oral argument. The court, however, for good cause shown

may shorten the five-day notice period.

(d) Movant's Supporting Documents and Briefs. When allegations of facts not appearing of record are relied upon in support of a

motion, all affidavits, all parts of depositions, and other pertinent

documents then available shall accompany the motion. If supporting documents are not then available, the party may move for an

extension of time in accordance with section (f) of this rule.

(e) Response to Motion and Brief. If the respondent opposes

a motion, he shall file his response, including brief, within twenty

days after service of the motion. If supporting documents are not

then available, he may move for an extension of time in accordance

with section (f) of this rule. For good cause appearing therefor, a

respondent may be required to file his response and supporting

documents, including brief, within such shorter period of time as the

court may specify.

(f) Extension of Time For Filing Supporting Documents and

Briefs. The clerk may enter an ex parte order, or approve a stipulation by the parties, specifying the time within which supporting

documents and briefs may be filed pursuant to sections (d) and (e),

upon a showing in writing that such documents are not available or

cannot be filed contemporaneously with the motion or response. Application for an extension of time shall be filed with the motion or

response and shall be accompanied by a proposed order. The time

allowed to an opposing party for filing a response shall not run during any such extension.

(g) Reply Brief. A reply brief of no more than ten pages may

be filed within ten days after service of the response. A reply brief is

- 55 -

limited to discussion of matters newly raised in the response. A suggestion of subsequently decided controlling authority, without

argument, may be filed at any time prior to the court's ruling and

shall contain only the citation to the case relied upon if published or

a copy of the opinion if the case is unpublished.

(h) Motions Not Requiring Briefs. No brief is required by

either movant or respondent, unless otherwise directed by the court,

with respect to the following motions: (1) for extension of time for

the performance of an act required or allowed to be done, provided

request therefor is made before the expiration of the period originally prescribed or as extended by previous orders; (2) to continue a

pretrial conference, hearing, or the trial of an action; (3) to add parties; (4) to amend the pleadings; (5) to file supplemental pleadings;

(6) to appoint a next friend or guardian ad litem; (7) for substitution

of parties; and (8) to stay proceedings to enforce judgment. The

above motions, while not required to be acco:pipanied by a brief,

must state the grounds therefor and cite any applicable rule,

statute, or other authority justifying the relief sought.

(i) Failure to File and Serve Motion Papers. The failure to file

a brief or response within the time specified in this rule shall constitute a waiver of the right thereafter to file such brief or response,

except upon a showing of excusable neglect. A motion unaccompanied by a required brief may, in the discretion of the court, be

summarily denied. A response unaccompanied by a required brief

may, in the discretion of the court, be disregarded and the pending

motion may be considered and decided as an uncontested motion. If

a respondent fails to file a response within the time required by this

rule, the motion will be considered and decided as an uncontested

motion, and ordinarily will be granted without further notice.

- 56 -

RULE 204

INITIAL PRETRIAL ORDER

(a) Requirement for Initial Pretrial Order. There shall be an

initial pretrial order entered in every civil case, except in:

(1) Social Security cases and other actions for review of administrative decisions;

(2) Prisoner petitions;

(3) Internal Revenue summons proceedings.

(b) Initial Pretrial Order By Conference. After the issue is

joined, the clerk shall schedule an initial pretrial conference and give

at least twenty (20) days notice thereof. At the initial pretrial conference, the court and the parties may discuss any matter suggested

in Rule 16, Fed. R. Civ. P., and all matters identified in section (c) of

this rule. At the conclusion of the conference, the court will enter a

written initial pretrial order which will control the conduct of the

litigation.

(c) Initial Pretrial Order By Stipulation. The initial pretrial

order may be entered upon the stipulations of the parties, without a

conference, if the parties submit to the court satisfactory stipulations at least ten (10) days before the scheduled initial pretrial conference. See suggested Form 1, Appendix of Forms. Stipulations

not received by the clerk at least ten (10) days prior to the initial

pretrial conference will not be considered by the court and the con ference will be convened as scheduled. The court may also direct

that the initial pretrial conference be convened in any case in which

it determines that the stipulations prepared by the parties are inadequate to control the litigation or that a conference will materially assist in managing the orderly and efficient conduct of the litigation.

The Initial Pretrial Stipulations and Order (Form 1) must

set forth the stipulations, or respective positions of the parties, with

respect to:

(1) Whether all parties defendant have been properly served

with process;

(2) Whether there is any question concerning jurisdiction over

the parties and over the subject matter;

(3) Whether all parties plaintiff and defendant have been correctly designated;

(4) Whether any third-party complaint or impleading petition

is contemplated;

(5) Whether there is any question concerning misjoinder or

nonjoinder of parties;

(6) Whether there is a present need to join other parties or

amend the pleadings;

- 57 -

(7) Whether there is a necessity for, or question concerning the

validity of, the appointment of a guardian ad lit~m, next friend, administrator, executor, receiver, or trustee;

(8) Whether there are pending motions;

(9) Whether a trial by jury has been demanded within the time

provided by the Federal Rules of Civil Procedure;

(10) Whether a separation of the issues would be feasible or

desirable for purposes of trial or discovery;

(11) Whether there are related actions pending or contemplated

in this or any other court;

(12) The estimated trial time;

(13) The time reasonably required for the completion of

discovery, including identification of experts and discovery with

respect thereto.

The stipulations must be signed by all parties, or counsel

therefor, and must substantially conform to the suggested form set

forth in the Appendix of Forms, Form 1. The parties shall submit to

the clerk sufficient copies of the Initial Pretrial Stipulations and

Order so that all parties can receive a copy after consideration and

action by the court.

- 58 -

RULE 205

DISCOVERY

(a) Discovery Procedures and Materials.

(1) Interrogatories or requests for admission shall be

numbered consecutively by each party regardless of the number of

sets into which they are divided.

(2) Depositions, interrogatories, requests for documents, requests for admission, and answers and responses thereto shall not

be filed unless the court so orders or unless the court will need such

documents in a pretrial proceeding. All discovery papers must be

served on other counsel or parties. The party taking a deposition or

obtaining any material through discovery is responsible for its

preservation and delivery to the court when needed or ordered. Any

party seeking to compel discovery or other pretrial relief based upon

discovery material which has not been filed with the clerk must

identify the specific portion of the material which is directly relevant and ensure that it is filed as an attachment to the application

for relief.

(b) Limitation on Use of Interrogatories. A party may direct

no more than 50 interrogatories to any other party, except upon

leave granted by the court for good cause shown. Interrogatory

parts and subparts shall be counted as separate interrogatories for

purposes of this rule.

(c) Conference of Attorneys With Respect to Motions and Objections Relating to Discovery. The court will not consider motions and objections relating to discovery unless moving counsel

shall first advise the court in writing that after personal consultation and diligent attempts to resolve differences the parties are

unable to reach an accord. The statement shall set forth the date of

the conference, the names of the participating attorneys and the

specific results achieved. It shall be the responsibility of counsel for

the movant to arrange for the conference and, in the absence of an

agreement to the contrary, the conference shall be held in the office

of the attorney nearest the court location where the initial pretrial

conference was convened or, in the absence thereof, nearest to

Greensboro. Alternatively, at any party's request, the conference

may be held by. telephone.

(d) Completion of Discovery. The requirement that discovery

be completed within a specified time means that adequate provisions must be made for interrogatories and requests for admission

to be answered and for documents to be produced within the

discovery period.

(e) Extension of Time for Discovery. Motions or stipulations

seeking an extension of the discovery period must be made or

- 59 -

presented prior to the expiration of the time within which discovery

is required to be completed. They must set forth good cause justifying the additional time and will be granted or approved only upon a

showing that the parties have diligently pursued discovery.

(t) Trial Preparation After the Close of Discovery. For good

cause appearing therefore, the physical or mental examination of a

party niay be ordered at anytime prior to trial. Ordinarily, the

d~position of a material witness not subject to subpoena should be

taken during discovery. However, the deposition of a material

witness who agrees to appear at trial, but who later becomes unable

or refuses to attend, may be ordered at any time prior to trial.

- 60-

RULE 206

TIME FOR FILING

DISPOSITIVE MOTIONS

(a) Notice of Dispositive Motion. Any party who intends to

file a motion to dismiss or for summary judgment, or any other

dispositive motion, must file and serve notice of intention to file a

dispositive motion within twenty (20) days following the close of the

discovery period.

(b) Filing of Dispositive Motions. All dispositive motions

must be filed and served within sixty (60) days following the close of

the discovery period.

(c) Failure to Timely File Dispositive Motions. A dispositive

motion which is not noticed and filed within the prescribed time will

not delay a scheduled event and will not be reached by the court

prior to trial unless the court determines that its consideration will

not cause delay to the proceedings.

· 61 -

RULE 207

FINAL PRETRIAL CONFERENCE

(a) Conference of Attorneys. At least fifteen days prior to the

final pretrial conference, counsel for each of the parties who will participate in the trial shall meet for the purpose of preparing a final

pretrial order. It shall be the duty of counsel for the plaintiff to arrange for the conference. In the absence of an agreement to the contrary, the conference shall be held in the office of the attorney

nearest the court location where the initial pretrial conference was

convened or, in the absence thereof, nearest to Greensboro. A

litigant proceeding pro se must appear at this conference and proceed in accordance with this rule.

(b) Preparation for the Conference of Attorneys. In advance

of the conference of attorneys, each of the parties shall prepare and

have available at the conference a proposed order which addresses

the following:

(1) Contentions of Plaintiff. Plaintiff shall have prepared a

brief statement of the contentions of plaintiff as to the basis of

recovery.

(2) Contentions of Defendant. Defendant shall have prepared

a brief statement of how defendant expects to defeat recovery and

the basis for any asserted counterclaim.

(3) Contentions of Cross-Claimant or Third-Party

Defendant. Any cross-claimant or third-party defendant shall

follow the same procedure required of plaintiff and defendant in

regard to disclosure of contentions and with respect to all provisions of this rule.

(4) Suggested Stipulations. Each of the parties shall have

prepared a list of suggested stipulations covering relevant and

material facts not considered to be in genuine dispute.

(5) Exhibits. Each of the parties shall have prepared a list of

all exhibits with pretrial identification numbers that may be offered

by that party at trial. At the conference of attorneys, the parties

shall exchange copies of exhibits. In the event that an exhibit cannot feasibly be reproduced, it shall be made available for inspection.

Counsel shall discuss imd attempt to stipulate the admissibility of

each proposed exhibit. If the authenticity or admissibility (except

upon objection for relevance or materiality) of any exhibit is not to

be stipulated in the final pretrial order, the objection must be stated

by counsel with particularity.

During the conference of attorneys, proposed exhibits shall

be numbered for pretrial identification only.

(i) If counsel subsequently discovers an exhibit which was not

known at the time of the conference of attorneys, counsel shall im-

- 63 -

mediately disclose to the court and to opposing counsel the identity

of the exhibit.

(ii) Ordinarily, only exhibits identified in the final pretrial order

may be introduced at trial. However, the court may, in its discretion, permit a party to introduce an exhibit not listed in the final

pretrial order under such circumstances as the court deems just.

(6) Witnesses. Each of the parties shall have prepared a list of

the names and addresses of all witnesses who may be offered by

that party at the trial, together with a brief statement of what

counsel proposes to establish by the testimony of each witness. Only material points of testimony must be disclosed, but failure to

disclose a material point may render evidence on that point inadmissible at the trial.

(i) If counsel subsequently discovers the name of a witness

who was not known at the time of the attorneys' conference, counsel

shall immediately disclose to the court and to opposing counsel the

identity of the witness and the material testimony expected from

the witness.

(ii) Ordinarily, only witnesses listed by a party in the pretrial

order may be called by that party to give testimony at trial.

However, the court may, in its discretion, permit a party to call a

witness not listed by that or any party under such circumstances as

the court deems just.

(iii) If a person is listed as a witness by the plaintiff and by

another party, it shall be the responsibility of the plaintiff to produce the witness at the trial. If a person is listed as a witness by a

defendant and a party other than the plaintiff, it shall be the responsibility of the defendant to produce the witness at the trial. All

listed witnesses subject to subpoena shall be produced at the trial,

unless good cause is shown for their absence. Additionally, diligent

effort must be made to produce all witnesses not subject to subpoena. If at any time prior to trial, it is determined that a listed

witness cannot be produced, immediate notice of such fact must be

given opposing counsel.

(iv) If a party lists as a witness an adverse party, or an officer,

director, or managing agent of an adverse party, not subject to subpoena, it shall be the responsibility of the adverse party to attend or

produce the witness at trial.

(v) If a deposition is to be used at the trial, the individual giving the deposition should be listed as a witness by deposition. Those

portions of the deposition which will be offered into evidence must

be identified. If opposing counsel disputes the admissibility of the

deposition testimony, the basis of the objection must be noted with

particularity in the final pretrial order.

(7) Issues for Trial. Each party shall have prepared a list of

- 64 -

the triable issues for trial. Failure to list an issue will constitute a

waiver and abandonment of such issue.

(c) Discussion of Settlement Possibilities. At the time of the

conference of attorneys, counsel for all parties shall enter into a

frank discussion concerning settlement possibilities. Clients should

either be consulted in advance of the conference concerning settlement negotiations, or be available for consultation. Settlement prospects will be discussed at the final pretrial conference, and counsel

should be fully prepared in this regard. The court will aid in settlement negotiations to the extent deemed appropriate or as may be requested by the parties.

(d) Preparation of Final Pretrial Order by Plaintiff's

Counsel. At the time of, or immediately following, the conference

of attorneys, it shall be the duty of counsel for the plaintiff to

prepare a final pretrial order. A copy of the final pretrial order shall

be furnished to all opposing counsel and to the court at least five

days in advance of the final pretrial conference. The order shall

substantially conform to the suggested form of order set forth in the

Appendix of Forms, Form 2. All matters addressed in the suggested

form shall be addressed in the final pretrial order drawn by counsel,

unless the circumstances of the case are such that issues raised in

the suggested form are clearly inapplicable to the case at bar.

(e) The Final Pretrial Conference. At the final pretrial conference, the court will consider all pending motions and will address

such other matters as will facilitate trial of the action. The court will

announce requirements with respect to the filing of trial briefs, the

filing of requests for jury instructions or proposed findings of fact

and conclusions of law, the manner of marking exhibits, and the

number of copies of exhibits to be furnished at trial. The court will

also set an actual or tentative trial date. Counsel for all parties shall

sign the final pretrial order. The order, when approved by the court

and filed with the clerk, together with any memorandum entered by

the court at the conclusion of the final pretrial conference, will control the subsequent course of the action unless modified by consent

of the parties and court, or by an order of the court to prevent

manifest injustice.

(f) Sanctions. Should counsel or a pro se litigant fail to appear at the attorney's conference or the final pretrial conference or

fail to comply in good faith with the provisions of this rule, the court

may, in its discretion, enter a judgment of dismissal or default.

Alternatively, or in addition thereto, the court may impose any

sanction provided for in Rule 16(±), Federal Rules of Civil Procedure,

or Local Rule 122.

- 65 -

RULE 208

TRIAL PROCEDURE

(a) Opening Statements in Civil Actions. At the commencement of the trial of civil actions, the party with the burden of proof

may, without argument, state his cause of action and the evidence

by which he expects to sustain his claim The adverse party may

then, without argument, state his defense and the evidence by

which he expects to sustain his defense. If the trial is to a jury, the

opening statement shall be made immediately after the jury is

sworn. If the trial is to the court, the opening statement shall be

made immediately after the case is called for trial. Opening

statements shall be subject to such time limitations as may be imposed by the court.

(b) Documents, Other than Exhibits, Used at Trial. When

counsel expects to examine or cross-examine a witness concerning a

document which will not be offered as an exhibit, counsel shall have

at trial a copy of the document for use by the judge or magistrate.

(c) Absence During Return of Verdict. In a jury trial, if a party or counsel voluntarily absents himself from the courtroom prior

to the return of the verdict, it shall be conclusively presumed that

such party or counsel waived his presence.

- 67 -

RULE 209

TAXATION OF COSTS

Filing Bill of Costs.

(1) A prevailing party may request the clerk to tax allowable

costs in a civil action as a part of a judgment or decree by filing a bill

of costs, on a form available in the clerk's office, within 30 days

(i) after the expiration of time allowed for appeal of a

final judgment or decree, or

(ii) after receipt by the clerk of an order terminating the

action on appeal.

(2) The original of the bill of costs shall be filed with the clerk,

with copies served on adverse parties.

(3) The failure of a prevailing party to timely file a bill of costs

shall constitute a waiver of any claim for costs.

(b) Objections to Bill of Costs.

(1) If an adverse party objects to the bill of costs or any item

claimed by a prevailing party, he must state his objection in a motion for disallowance with a supporting brief within 10 days after

the filing of the bill of costs. Within 5 days thereafter, the prevailing

party may file a response and brief. Unless a hearing is ordered by

the clerk, a ruling will be made by the clerk on the record.

(2) A party may request review of the clerk's ruling by filing a

motion within 5 days after the action of the clerk. The court's review

of the clerk's action will be made on the existing record unless

otherwise ordered.

(c) Taxable Costs.

(1) Items normally taxed include, without limitation:

(i) Those items specifically listed on the bill of costs

form. The costs incident to the taking of depositions

(when allowable as necessarily obtained for use in

the litigation) normally include only the reporter's

attendance fee and charge for the original transcript

of the deposition.

(ii) Premiums on required bonds.

(iii) Actual mileage, subsistence, and attendance

allowances for necessary witnesses at actual cost,

but not to exceed the applicable statutory rates,

whether they reside in or out of this district.

(2) Items normally not taxed include, without limitation:

(i) Witness fees, subsistence, and mileage for individual parties, real parties in interest, parties suing in representative capacities, and the officers and

directors of corporate parties.

(ii) Copies of trial transcripts and depositions.

(a)

- 69 -

Daily copy of trial transcripts, unless prior court approval has been obtained.

·

(d) Costs in Settlements. The court will not tax costs in any

action terminated by compromise or settlement. Settlement

agreements must resolve any issue relating to costs. In the absence

of specific agreement, each party will bear its own costs.

(e) Payment of Costs. Costs are to be paid directly to the party entitled to reimbursement, who must file a certificate of satisfaction within 20 days of receipt of payment.

(iii)

- 70 -

RULE 210

AWARD OF STATUTORY

A'ITORNEY'S FEES

The court will not consider a motion to award statutory attorney's fees until moving counsel shall first advise the court in

writing that after consultation the parties are unable to reach an

agreement in regard to the fee award. The statement of consultation

shall set forth the date of the consultation, the names of the participating attorneys, and the specific results achieved.

If the parties reach an agreement, they shall file an appropriate

stipulation and request for an order. If they are unable to agree, within 90 days of final judgment. the moving party shall file the statement of consultation required by this rule and a motion setting forth

the factual basis for each criterion which the court will consider in

making an award. The motion shall be supported by time records, affidavits, or other evidence.

- 71 -

RULE 211

INJUNCTIONS AND TEMPORARY

RESTRAINING ORDERS

(a) Form of Application. A prayer for a temporary restraining order or preliminary injunction set forth in a pleading will not

bring the issue before the court prior to the time of trial. If a ruling

before trial is desired, a party must separately file a motion and

brief.

(b) Hearing. A motion seeking a preliminary injunction will be

considered and determined on the official court file including affidavits, briefs and other documents filed in support thereof without

oral argument or testimony unless otherwise ordered by the court.

A request for leave to present oral argument or testimony in support of or in opposition to such motion must be included in the motion or response.

- 73 -

RULE 212

CLASS ACTIONS

(a) Class Action Complaint. The complaint shall bear next to

its caption the legend, "Complaint -- Class Action." The complaint

shall contain under a separate heading, styled '' Class Action Allegations":

(1) A reference to the portion or portions of Rule 23, Fed. R.

Civ. P., under which it is claimed that the suit is properly maintainable as a class action.

(2) Appropriate allegations thought to justify such claim, including, but not necessarily limited to:

(i) the size and definition of the alleged class,

(ii) the basis upon which the plaintiff claims

(A) to be an adequate representative of the class,

or

(B) if the class is comprised of defendants, that

those named as parties are adequate representatives of the class.

(iii) the alleged questions of law or fact claimed to be

common to the class, and

(iv) for actions sought to be maintained under Rule

23(b)(3), Fed. R. Civ. P., allegations thought to support the findings required by that subdivision.

(b) Motion for Class Action Determination. Within 90 days

afte:r the filing of a complaint in a class action, unless this period is

extended by court order, the plaintiff shall file a separate motion for

a determination under Rule 23(c)(l), Fed. R. Civ. P., as to whether

the case may be maintained as a class action. If a party wishes to

present oral testimony to support the class action motion, he must

so inform the court in his motion. In ruling upon such a motion, the

court may allow the action to be so maintained, may disallow and

strike the class action allegations, or may order postponement of

the determination pending discovery or such other preliminary procedures as appear to be appropriate and necessary in the circumstances. Whenever possible, where it is held that the determination should be postponed, a date will be fixed by the court for

renewal of the motion.

(c) Class Action Counterclaims or Cross-Claims. The foregoing provisions shall apply, with appropriate adaptations, to any

counterclaim or cross-claim alleged to be brought for or against a

class.

(d) Burden of Proof; Notice. The burden shall be upon any

party seeking to maintain a case as a class action to present an

evidentiary basis to the court showing that the action is properly

- 75 -

maintainable as such. If the court determines that an action may be

maintained as a class action, the party obtaining that determination

shall initially bear the expenses of and be responsible for giving

such notice as the court may order to members of the class.

- 76 -

RULE 213

MINORS AND INCOMPETENTS

AS PARTIES

(a) Capacity to Sue or Be Sued. Minors and incompetent persons may sue or defend only by their general or testamentary guardians within this state or by guardians ad litem appointed by this

court.

(b) Appointment of Guardian ad Litem.

(1) Application for the appointment of a guardian ad litem to

sue on behalf of a minor or incompetent may be made by motion

submitted contemporaneously with a complaint. The complaint

may be filed when the appointment is made by a judge or

magistrate.

(2) Application for the appointment of a guardian ad litem to

defend on behalf of a minor or incompetent person may be filed after

service of summons and complaint and before time has expired to

answer or otherwise to respond.

(3) Applications for the appointment of a guardian ad litem by

this court must:

(i) set out facts requiring such appointment,

(ii) suggest a natural person suitable for appointment,

(iii) contain information about that person, including

willingness to serve, upon which the court can judge

his or her qualifications, and

(iv) be accompanied by a proposed order of appointment.

(c) Termination of Actions; Court Hearing and Approval.

(1) No civil action or proceeding in which a minor or incompetent person is a party may be compromised, settled, dismissed, or

otherwise terminated without the approval of the court.

(2) In order to obtain court approval, a party must file a motion

setting forth reasons justifying the termination and explaining its ,

effect upon the rights of the minor or incompetent person.

(3) The court will conduct a hearing to determine whether the

termination is fair, reasonable, and in the best interest of the minor

or incompetent. The following persons must be present at the hearing unless excused by the court:

(i) attorneys for all parties,

(ii) the minor or incompetent party,

(iii) the guardian ad litem or other legal representative,

and

(iv) a parent or other person in loco parentis.

(4) At the hearing the parties must establish to the satisfaction

of the court:

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(i)

the facts giving rise to the cause of action and the

contentions of the parties with respect to liability

and damage;

(ii) the facts concerning the nature and extent of any injury or damage suffered by the minor or incompetent person, supported by medical records and

reports in personal injury cases;

(iii) medical and hospital expenses, if any incurred or

likely to be incurred;

(iv) the concurrence of the attorney, guardian ad lit em

or other legal representative that the proposed settlement is fair, reasonable, and in the best interest

of the minor or incompetent person;

(v) the facts with respect to any related claims or liens,

including separate claims of parents for expenses,

and the disposition or status of such other claims.

(5) Ordinarily, the requirements of section (c) (4) of this rule

may be satisfied by summaries made by the parties or their attorneys. In every case, the parties may present sworn testimony of

witnesses, affidavits or documentary evidence, and the court

reserves the right to call for such evidence at any time.

(d) Fees. At the hearing, the court will consider requests for

counsel fees and a fee for services by the guardian ad !item or other

legal representative and may make appropriate orders relating to

payment of fees.

(e) Consent Judgments Approving Settlement.

(1) Before a judgment approving a compromise settlement of

claims of a minor or incompetent is presented to the court, it shall

be consented and agreed to by counsel for the parties to the action

and by the guardian ad !item or other legal representative of the

minor or incompetent.

(2) The judgment presented should provide, inter alia, that the

parties have agreed to a settlement of all matters in controversy

between them and the amount of the settlement; that the court has

conducted a hearing on the matter; that the court has found that the

proposed compromise settlement is fair, reasonable, and in the best

interest of the minor or incompetent; and that the court has approved the compromise settlement agreement.

(f) Payment of Judgment. The amount of the judgment shall

be paid into the office of the clerk of this court, and the clerk shall

make such disbursements from the proceeds as provided by the

judgment of the court. The balance of the proceeds of the judgment

shall be paid to the legal guardian of the minor or incompetent, if

within this state. If there is no such guardian, the balance of the proceeds shall be paid to the clerk of superior court of the county in this

- 78 -

state in which the minor or incompetent resides. If the minor or incompetent does not reside within this state, the balance shall be

paid to a legal guardian approved by the court.

- 79 -

RULE 214

CLAIM OF UNCONSTITUTIONALITY;

THREE-JUDGE COURTS

(a) Notification. If at any time prior to the trial of an action

to which (1) neither the United States nor any of its officers, agencies, or employees is a party and a party draws in question the constitutionality of an act of Congress affecting the public interest, or

(2) neither the state or any of its agencies, officers, or employees is a

party and a party draws in question the constitutionality of any

statute of that state affecting the public interest, that party, to

enable the court to comply with 28 U .S.C. § 2403, shall notify the

court. The notice shall be in writing, stating the title of the action,

the statute in question, and the respects in which it is claimed the

statute is unconstitutional and a copy shall be served upon the Attorney General of the United States and the United States Attorney

in this district or the North Carolina Attorney General, as applicable.

(b) Additional Copies. In any action or proceeding required

by act of Congress to be heard and determined by a district court of

three judges, all pleadings, papers, and documents filed subsequent

to the designation of the court, as provided in 28 U.S.C. § 2284 (a),

shall be filed in triplicate, original and two copies, with the clerk.

The clerk shall make timely distribution of these documents to the

designated judges.

- 81 -

RULE 215

SETTLEMENT

Attorneys or pro se litigants shall immediately notify the clerk

of an agreement in principle reached by the parties which resolves

the litigation as to any or all parties.

Rules 216-299: Reserved for future purposes.

- 8::l -

III. CRIMINAL RULES

RULE 301

PROMPT DISPOSITION OF

CRIMINAL CASES

The Court's Plan for the Prompt Disposition of Criminal Cases

in compliance with Rule 50 (b) of the Federal Rules of Criminal Procedure, the Speedy Trial Act of 1974 (18 U.S.C. § 3161, et seq.), and

the Federal Juvenile Delinquency Act (18 U.S.C. § § 5036, 5037), as

approved by the Judicial Council, is a public document available

through the office of the clerk of this court. The Court's Plan for the

Prompt Disposition of Criminal Cases as it now exists and as it is

hereafter amended and approved by the Judicial Council shall have

the same force and effect as a local rule of this court.

- 87 -

RULE 302

PRETRIAL MOTIONS

IN CRIMINAL CASES

(a) Time for Filing. The time for filing pretrial motions and

responses thereto shall be set by the court at arraignment in all

cases in which a defendant pleads not guilty.

(b) Extension of Time for Filing. Motions for an extension of

time to file pretrial motions must be made within the time set for

the filing of motions and will be granted only upon a showing of

good cause for delay.

(c) Motions Adopting Other Motions. Motions adopting motions filed by codefendants must clearly identify by character and

date of filing the motions adopted. General adoptions which do not

identify specifically the motions adopted may be summarily denied

by the court.

(d) Discovery Motions. Discovery motions filed by a defendant who is represented by counsel must include a statement that

counsel has fully reviewed the government's case file before bringing the motion or a statement that such file is not available for

counsel's review. The filing of a discovery motion which does not in elude such certification may cause the court to deny the motion, to

disapprove payment to court-appointed counsel in regard to a motion made unnecessary by examination of the file, or to impose other

sanctions under Local Rule 122 in the discretion of the court.

- 89 -

RULE 303

REPRESENTATION OF

CERTAIN DEFENDANTS

The Court's Plan for Furnishing Representation and Services to

defendants who are financially unable to obtain an adequate

defense, pursuant to the Criminal Justice Act of 1964, as amended,

is a public document available through the office of the clerk of this

court. The court's plan as it now exists and as it is hereinafter

amended shall have the same force and effect as a local rule of this

court. When deemed appropriate by the court, the court may appoint an attorney to represent a defendant even though such attorney's name does not appear on the panel of attorneys drawn pursuant to the plan.

- 91 -

RULE 304

PAYMENT OF FIXED SUM

IN LIEU OF APPEARANCE IN

CERTAIN MISDEMEANOR CASES

Pursuant to Rule 4 (a), Rules of Procedure for Trial of Misdemeanors Before United States Magistrates, and in the interest of

justice and good court administration, collateral may be posted in

lieu of the appearance of an offender for certain misdemeanors

under federal statutes and regulations or state statutes made applicable by the Assimilative Crimes Statute (18 U.S.C. § 13). There

shall be maintained in the office of the clerk a list of the misdemeanors and fines applicable thereto for which forfeiture of collateral security may be posted.

The posting of collateral signifies that the defendant does not

contest the charge nor request a trial. Such collateral shall be administratively forfeited to the United States. Forfeiture of collateral

in lieu of personal appearance is not permitted for any ~isted offfense denominated a "mandatory appearance" offense, for an aggravated or major offense, or for multiple offenses arising out of the

same facts or sequence of events.

The clerk shall certify the record of any forfeiture of collateral

for a traffic violation to the proper state authority.

- 93 -

RULE 305

FAIR TRIAL DIRECTIVES

(a) Prohibited Statements; Attorney's Obligations.

(1) An attorney participating in or associated with a grand

jury or other investigation of a criminal matter shall not make or

participate in making any extrajudicial statement which a

reasonable person would expect to be disseminated by means of

public communication and which does more than state without

elaboration:

(i) Information contained in a public record.

(ii) That the investigation is in progress.

(iii) The general scope of the investigation including a

description of the offense and, if permitted by law,

the identity of the victim.

(iv) A request for assistance in apprehending a suspect

or assistance in other matters and the information

necessary thereto.

(v) A warning to the public of any dangers.

(2) An attorney associated with the prosecution or defense of a

criminal case to be tried by a jury shall not make or participate in

making any extrajudicial statement which a reasonable person

would expect to be disseminated by means of public communication

which relates to:

(i) The character, reputation, or prior criminal record

(including arrests, indictments, or other charges of

crime) of the accused.

(ii) The possibility of a plea of guilty to the offense

charged or to a lesser offense.

(iii) The existence or contents of any confession, admission, or statement given by the accused or his

refusal or failure to make a statement.

(iv) The performance or results of any examinations or

tests or the refusal or failure of the accused to submit to examinations or tests.

(v) The identity, testimony, or credibility of a prospective witness. .

(vi) Any opinion as to the guilt or innocence of the accused, the evidence, or the merits of the case.

(3) Section (a)(2) above does not preclude an attorney from announcing:

(i) The name, age, residence, occupation, and family

status of the accused.

(ii) Any information necessary to aid in the apprehen sion of an accused or to warn the public of any

dangers he may present.

- 95 -

(iii)

(iv)

(v)

A request for assistance in obtaining evidence.

The identity of the victim of the crime.

The fact, time, and place of arrest, resistance, pursuit, and use of weapons.

(vi) The identity of investigating and arresting officers

or agencies and the length of the investigation.

(vii) The nature, substance, or text of the charge.

(viii) Quotations from or references to public records of

the court in the case.

(ix) The scheduling or result of any step in the judicial

proceedings.

(x) That the accused denies the charges made against

him.

(4) The foregoing provisions of this rule do not preclude an attorney from replying to charges of misconduct publicly made

against him or from participating in the proceedings of legislative,

administrative, or other investigative bodies.

(b) Attorney's Employees and Associates. An attorney must

exercise reasonable care to prevent his employees and associates

from making any extrajudicial statement which the attorney would

be prohibited from making under this rule.

Rules 306-399: Reserved for future purposes.

- 96 -

IV. MAGISTRATE RULES

RULE 401

AUTHORITY OF MAGISTRATES

(a) Designation to Conduct Trials and to Perform Other

Duties.

(1) Magistrates are authorized and designated to exercise the

powers and authority and to perform the duties enumerated in 28

U.S.C. § 636(b)(l) and (2).

(2) Magistrates serving this court are specially designated to:

(i) exercise civil jurisdiction to conduct any or all proceed,ings in jury or nonjury cases and order the entry of judgment in any case referred to them for that

purpose, pursuant to 28 U.S.C. § 636(c), and

(ii) exercise jurisdiction to try persons accused of, and

sentence persons convicted of, criminal misdemeanors.

(b) Authority to Perform Additional Duties. Pursuant to 28

U.S.C. § 636(b)(3), magistrates are authorized to perform additional

functions and duties, including the following:

(1) Conduct pretrial conferences, settlement conferences, omnibus hearings, and related pretrial proceedings;

(2) Conduct calendar and status calls for civil and criminal

calendars, and determine motions to expedite or postpone the trial

of cases;

(3) Conduct arraignments in cases not triable by the

magistrate to the extent of taking a not guilty plea or noting a

defendant's intention to plead guilty or nolo contendere and ordering a presentence report in appropriate cases;

(4) Conduct voir dire and select petit juries for the court;

(5) Accept petit jury verdicts in civil cases in the absence of a

judge;

(6) Conduct preliminary proceedings relating to the potential

revocation of probation;

(7) Issue subpoenas, writs of habeas corpus ad testificandum

or habeas corpus ad prosequendum, or other orders necessary to obtain the presence of parties or witnesses or evidence needed for

court proceedings;

(8) Order the exoneration or forfeiture of bonds;

(9) Conduct proceedings for the collection of civil penalties of

not more than $200 assessed under the Federal Boat Safety Act of

1971, in accordance with 46 U.S.C. § 1484(d);

(10) Conduct examinations of judgment debtors, in accordance

with Rule 69 of the Federal Rules of Civil Procedure;

(11) Review petitions in civil commitment proceedings under Title III of the Narcotic Addict Rehabilitation Act;

- 99 -

(12) Conduct such hearings as are necessary or appropriate, and

submit to a judge proposed findings of fact and recommendations

for disposition of applications for judgment by default pursuant to

Rule 55(b) of the Federal Rules of Civil Procedure, or motions to set

aside judgments by default pursuant to Rule 55(c) of the Federal

Rules of Civil Procedure;

(13) Consider an application by complainant pursuant to 42

U.S.C. § 2000e-5(f)(l), and in such circumstances as may be deemed

just, appoint an attorney for such complainant, and authorize the

commencement of an action without payment of fees, costs, or giving security therefor;

(14) Issue orders or warrants authorizing acts necessary in the

performance of the duties of administrative and regulatory agencies

and departments of the United States Government;

(15) Conduct extradition proceedings, in accordance with 18

u.s.c. § 3184;

(16) Supervise proceedings conducted pursuant to letters

rogatory, in accordance with 28 U.S.C. § 1782;

(17) Require compliance with local rules with regard to pro se

petitions under 42 U.S.C. § 1983;

(18) Issue orders of withdrawal from the court registry of funds

pursuant to 28 U .S.C. § 2042; and

(19) Perform any additional duty which is not inconsistent with

the Constitution and laws qf the United States.

-100 ·

RULE 402

CONSENT TO CIVIL

TRIAL JURISDICTION

(a) Consent to Exercise of Civil Trial Jurisdiction.

(1) The consent of a party to the exercise of civil trial jurisdiction authorized in 28 U.S.C. § 636(c)(l) may be communicated to the

clerk by letter, or by a form available in the clerk's office, signed by

the party or his attorney.

(2) The consent shall be communicated to the clerk prior to the

time of trial. The consent may not be limited to trial by a particular

magistrate.

(3) The consent of a party will be placed in the public court file

only when the court has ordered the case referred to a magistrate.

(4) Parties intervening by permission after reference are deemed to have consented.

(b) Withdrawal of Consent. After a case has been referred,

the consent of the parties to the exercise of a magistrate's jurisdiction may not be withdrawn without the approval of the court.

(c) Reference Discretionary. Reference of a case to a

magistrate after the consent of all parties is within the discretion of

the court.

- 101 -

RULE 403

CONSENT TO DESIGNATION

OF MAGISTRATE

AS A SPECIAL MASTER

(a) Consent. Upon the written consent of the parties, a

magistrate may be designated to serve as a special master in any

civil proceeding without a showing of exceptional conditions or that

the issues are complicated.

(b) Reference. Reference of a case to a magistrate as a special

master is within the discretion of the court, but the consent of the

parties may not thereafter be withdrawn without approval of the

court.

-103 -

RULE 404

ASSIGNMENT OF MATTERS

TO MAGISTRATES

Duties and cases may be assigned or referred to a magistrate by

a court order entered in the action or by the clerk in compliance with

standing orders or the instructions of a judge.

- 105 -

RULE 405

OBJECTIONS; APPEALS;

STAY OF ORDER.

(a) Objections to Magistrate's Order. The procedure for filing

objections to an order in a nondispositive matter shall be as set

forth in Rule 72(a), Fed. R. Civ. P.

(b) Objections to Magistrate's Recommendation. The procedure for filing objections to a recommendation on a dispositive or

other matter shall be as set forth in Rule 72(b), Fed. R. Civ. P.

(c) Appeal From Judgment. The procedure for appeal from a

judgment in an action tried by consent to a magistrate shall be as

set forth in Rules 73 through 76, Fed. R. Civ. P.

(d) Application for Stay of Magistrate's Order. Application

for stay of a magistrate's order pending review of objections made

thereto must first be made to the magistrate.

Rules 406-499: Reserved for future purposes.

- 107 -

V. RULES OF DISCIPLINARY

ENFORCEMENT

RULE 501

PURPOSE OF

DISCIPLINARY RULES

The court, in furtherance of its inherent power and responsibility to supervise attorneys who practice before it, adopts these rules

of disciplinary enforcement.

- 111-

RULE 502

ATTORNEYS CONVICTED

OF A CRIME

(a) Suspension Upon Filing of Judgment. Upon the filing of a

certified copy of a judgment of conviction demonstrating that any

attorney practicing before the court has been convicted in any court

of the United States, or the District of Columbia, or of any state,

territory, commonwealth or possession of the United States, of a

serious crime as herein' defined, the court may enter an order immediately suspending that attorney from practice until final

disposition of a disciplinary proceeding before this court, or until

final disposition is made by the appropriate state bar.

(b) Definition of Serious Crime. "Serious crime" shall include

any felony and also any other crime which involves false swearing,

mispresentation, fraud, willful failure to file income tax returns,

deceit, bribery, extortion, misappropriation, theft, or an attempt or

a conspiracy of solicitation of another to commit a "serious crime."

(c) Conviction of Serious Crime. Upon the filing of a certified

copy of a judgment of conviction of an attorney for a serious crime,

the court may refer the matter to counsel for institution of a

disciplinary proceeding before the court, providing that a

disciplinary proceeding so instituted will not be brought to final

hearing until all appeals from the conviction are concluded. Alternatively, the court may refer the matter to the appropriate state

bar.

(d) Conviction of Other Crime. Upon the filing of a certified

copy of a judgment of conviction of an attorney for a crime not constituting a "serious crime," the court may refer the matter to

counsel for whatever action counsel may deem warranted, including

the institution of a disciplinary proceeding before the court. Alternatively, the court may refer the matter to the appropriate state

bar.

(e) Reinstatement after Suspension. An attorney suspended

under the provisions of this rule will be reinstated immediately upon

the filing of a certificate demonstrating that the conviction of a

serious crime has been reversed, but the reinstatement will not terminate any disciplinary proceeding then pending, the disposition of

which shall be determined by the court on the basis of all available

evidence pertaining to both guilt and the extent of discipline to be

imposed.

- 113 -

RULE 503

DISCIPLINE IMPOSED BY

ANOTHER COURT OR BY A

STATE BAR

(a) Duty to Inform the Clerk. Any attorney practicing before

this court shall, upon being subjected to public discipline by any

court or by the state bar of any state, promptly inform the clerk of

such action.

(b) Show Cause Ord.e:r. Upon the filing of a certified copy of a

judgment or order demonstrating that an attorney has been

disciplined by another court or by a state bar, this court shall forthwith issue a notice containing a copy of the judgment or order and

an order to show cause directing that the attorney inform this court

within 20 days why imposition of the identical discipline by this

court would be unwarranted and the reasons therefor.

(c) Imposition of Discipline. Upon expiration of 20 days from

service of the show cause order, this court will presume the misconduct to have been established and will impose the identical

discipline unless the attorney demonstrates that upon the face of

the record upon which the discipline in another jurisdiction is

predicated it dearly appears:

(1) that the attorney was deprived of due process; or

(2) that there was such an infirmity of proof that this court

could not accept as final the conclusion on that subject; or

(3) that the imposition of the same discipline by this court

would result in grave injustice; or

(4) that the misconduct established is deemed by this court to

warrant substantially different discipline.

Where this court determines that any of said elements exist, it shall

enter such order as it deems appropriate. The grant of a stay of

discipline by the other jurisdiction shall constitute grounds for a

similar grant by this court.

RULE 504

DISBARMENT ON CONSENT OR

RESIGNATION IN ANOTHER COURT

OR BEFORE A STATE BAR

Any attorney practicing before this court who shall be disbarred on consent or resign from the bar of any court or state while an

investigation into allegations of misconduct is pending, shall promptly inform the clerk, and upon the filing with this court of a certified copy of the judgment or order accepting such disbarment on

consent or resignation, shall cease to be permitted to practice before

this court.

- 117 -

RULE 505

STANDARDS FOR

PROFESSIONAL CONDUCT

(a) Disciplinary Enforcement. For misconduct defined in

these rules, and after notice of an opportunity to be heard, any attorney practicing before this court may be disbarred, suspended

from practice, reprimanded, or subjected to such other disciplinary

action as the circumstances may warrant.

(b) Standards for Conduct. Acts or omissions by an attorney

practicing before this court which violate the Code of Professional

Responsibility adopted by this court shall constitute misconduct

and shall be grounds for discipline, whether or not the act or omission occurred in the course of an attorney-client relationship. The

Code of Professional Responsibility adopted by this court is the

Code of Professional Responsibility adopted by the Supreme Court

of North Carolina, as amended from time-to-time by that state

court, except as otherwise provided by a specific rule of this court.

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RULE 506

DISCIPLINARY PROCEEDINGS

(a) Referral of Complaints to Counsel or to a State Bar. When

allegations of misconduct by an attorney practicing before this

court come to the attention of a judge of this court, whether by complaint or otherwise, the judge may refer the matter to counsel for investigation and the prosecution of a formal disciplinary proceeding

or the formulation of such other recommendation as may be appropriate. Alternatively, the judge may refer the matter to the appropriate state bar.

(b) Recommendation by Counsel. Should counsel conclude

after investigation that a formal disciplinary proceeding should not

be initiated against the attorney, counsel shall file with the court a

recommendation for disposition for the matter, whether by

dismissal, admonition, or deferral and shall set forth the reasons for

such recommendation.

(c) Initiation of Disciplinary Proceedings. To initiate formal

disciplinary proceedings, counsel shall obtain an order of the court

upon a showing of probable cause requiring the attorney to show

cause within 20 days after service of the order why the attorney

should not be disciplined.

(d) Hearing. Upon the attorney's answer to the order to show

cause, if any issue of fact is raised or the attorney wishes to be

heard, the court shall set the matter for prompt hearing.

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RULE 507

DISBARMENT ON CONSENT WHILE

UNDER DISCIPLINARY

INVESTIGATION OR PROSECUTION

(a) Consent to Disbarment. Any attorney practicing before

this court who is the subject of an investigation into, or a pending

proceeding involving, allegations of misconduct may consent to

disbarment by delivering to this court an affidavit stating that the

attorney desires to consent to disbarment and that:

(1) his consent is freely given,

(2) he is aware of the pending investigation or proceeding,

(3) he acknowledges the material facts of misconduct, and

(4) he consents because he knows that he could not defend

himself successfully against charges of misconduct.

(b) Order of Disbarment. Upon receipt of the required affidavit, this court shall enter an order disbarring the attorney.

(c) Record. The order disbarring the attorney on consent

shall be a matter of public record. However, the affidavit required

under the provisions of this rule shall not be publicly disclosed or

made available for use in any other proceeding except upon order of

this court.

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RULE 508

REINSTATEMENT

(a) Automatic Reinstatement; Reinstatement by Order. An

attorney suspended for 3 months or less shall be automatically

reinstated at the end of the period of suspension upon filing with the

court an affidavit of compliance with the provisions of the suspension order. An attorney suspended for more than three months or

disbarred may not resume practice until reinstated by order of this

court.

(b) Time for Petition. An attorney who has been disbarred

after hearing or by consent may not petition for reinstatement until

the expiration of at least 5 years from the effective date of disbarment.

(c) Procedure. Petitions for reinstatement by a disbarred or

suspended attorney under this rule shall be filed with the court.

Upon receipt of the petition, the chief judge shall assign the matter

for a prompt hearing before a judge (or judges) of the court and may,

in his discretion, refer the petition to counsel for investigation. The

judge assigned to the matter shall schedule a hearing at which petitioner shall have the burden of demonstrating by clear and convincing evidence that he has the moral qualifications, competency and

learning of the law required for admission to practice law before this

court, and that his resumption of the practice of law will not be

detrimental to the integrity and standing of the Bar or the administration of justice or subversive of the public interest. In all

proceedings upon a petition for reinstatement, cross-examination of

the witnesses of the attorney and the submission of evidence, if any,

in opposition to the petition shall be conducted by counsel if the

matter has been referred to counsel by the court.

(d) Costs. Petitions for reinstatement under this rule shall be

accompanied by an advanced cost deposit in an amount to be set

from time-to-time by the court to cover anticipated costs of the

reinstatement proceeding.

(e) Order of Reinstatement. If the petitioner is found to be

unfit to resume the practice of law, the petition shall be dismissed.

If the petitioner is found to be fit to resume the practice of law, the

judgment shall reinstate him, provided that the judgment may

make reinstatement conditional upon the payment of all or part of

the costs of the proceedings, and upon the making of partial or complete restitution to parties harmed by the petitioner whose conduct

led to the suspension or disbarment. Provided further, that if the

petitioner has been suspended or disbarred for 5 years or more,

reinstatement may be conditioned, in the discretion of the judge,

upon the furnishing of proof of competency and learning in the law,

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which proof may include certification by the bar examiners of North

Carolina of the attorney's successful completion of an examination

for admission to practice subsequent to the date of suspension or

disbarment.

(f) Successive Petitions. No petition for reinstatement under

this rule shall be filed within 1 year following an adverse judgment

upon a petition for reinstatement filed by or on behalf of the same

person.

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RULE 509

ATTORNEYS SPECIALLY APPEARING

Whenever an attorney appears for purposes of a particular proceeding, the attorney shall be deemed thereby to have conferred

disciplinary jurisdiction upon this court for any alleged misconduct

of that attorney arising in the course of or in preparation for such

proceeding.

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RULE 510

SERVICE OF PAPERS

AND OTHER NOTICES

Service of an order to show cause instituting a formal

disciplinary proceeding shall be made by personal service or by

registered or certified mail addressed to the attorney. Service of any

other papers or notices required by these rules shall be deemed to

have been made if such paper or notice is addressed to the attorney

or to his counsel and is posted by regular mail.

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RULE 511

APPOINTMENT OF COUNSEL

Whenever counsel is to be appointed by these rules to investigate allegations of misconduct or to prosecute disciplinary proceedings or in conjunction with a reinstatement petition, the court

shall appoint as counsel the disciplinary agency of the Supreme

Court of North Carolina or any other disciplinary agency having

jurisdiction. If no such agency exists or it declines appointment, or

such appointment is clearly inappropriate, the court shall appoint

as counsel one or more members of the Bar; provided, however, that

the respondent-attorney may move to disqualify an attorney so appointed who is or who has been engaged as an adversary of the

respondent-attorney in any manner. Counsel, once appointed, may

not resign unless permission to do so is given by the court.

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RULE 512

DUTIES OF THE CLERK

(a) Obtaining Certificate of Conviction. Upon being informed

that an attorney practicing before this court has been convicted of

any crime, the clerk shall determine whether the clerk of the court in

which such conviction occurred has forwarded a certificate of such

conviction to this court. If certificate has not been so forwarded, the

clerk shall promptly obtain a certificate and file it with this court.

(b) Obtaining Certificate of Disciplinary Judgment or

Order. Upon being informed that an attorney practicing before

this court has been subjected to discipline by another court or a

state bar, the clerk shall determine whether a certified copy of the

disciplinary judgment or order has been filed with this court, and, if

not, the clerk shall promptly obtain a certified copy of the

disciplinary judgment or order and file it with this court.

(c) Clerk to Inform Other Jurisdictions. Whenever it appears

that any attorney convicted of any crime, disbarred, suspended,

censured, or disbarred on consent by this court is admitted to practice law in any other jurisdiction or before any other court, the clerk

shall, within 10 days of that conviction, disbarment, suspension,

censure, or disbarment on consent, transmit to the disciplinary

authority in such other jurisdiction, or for such other court, a certificate of the conviction or a certified copy of the judgment or order

of disbarment, suspension, censure, or disbarment on consent, as

well as the last known office and residence addresses of the attorney.

(d) Clerk to Inform the National Discipline Data Bank. The

clerk shall, likewise, promptly notify the National Discipline Data

Bank operated by the American Bar Association of any order imposing public discipline upon any attorney practicing before this

court.

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RULE 513

JURISDICTION

Nothing contained in these rules shall be construed to deny to

this court such powers as are necessary for the court to maintain

control over proceedings conducted before it, such as proceedings

for contempt under Title 18 of the United States Code or under Rule

42 of the Federal Rules of Criminal Procedure or other sanctions

under the Federal Rules of Civil Procedure or these Local Rules.

Rules 514-599: Reserved for future purposes.

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APPENDIX OF FORMS

FORM 1

(See Local Rule 204)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

_ _ _ _ _ _ _ _ _ DIVISION

Plaintiff

Civil Action

No. _ _ _ _ _ _ _ _ _ __

vs.

Defendant

INITIAL PRETRIAL STIPULATIONS AND ORDER

In accordance with Local Rule 204, counsel for each of the parties in the above-entitled action hereby stipulates that: 1

(1) All parties defendant have been properly served with process.

(2) The court has jurisdiction over the parties and over the subject matter.

(3) All parties plaintiff and defendant have been correctly

designated.

(4) No third-party complaint or impleading petition is contemplated.

(5) There is no question concerning misjoinder or nonjoinder of

parties.

(6) There is no present need to join other parties or to amend

the pleadings.

(7) There is no need for, or question concerning the validity of,

the appointment of a representative for any party.

(8) There are no pending motions which the parties wish the

court to consider.

(9) A trial by jury has (not) been demanded within the time provided by the Federal Rules of Civil Procedure.

(10) There is no need at this time to separate issues for purposes

of discovery or trial, and discovery shall proceed on all issues.

(11) There are no related actions pending or contemplated in

this or any other court.

1 When no stipulation is reached on a particular matter, the parties shall state

with specificity their respective positions. For example: (1) All parties defendant

have been properly served with process, except defendant X does not so stipulate

and cl,aims ...

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(12) To the extent presently known, the parties estimate that a

trial of this action will last approximately _ _ _ _ _ days.

(13) The parties need _______ months to complete

discovery. 2

Stipulated and consented to:

Counsel for Plain tiff

Address

Telephone Number

Counsel for Defendant

Address

Telephone Number

IT IS ORDERED that all discovery be completed by

the_ _ _ day of _ _ _ _ _ _ 19 _

. IT IS FURTHER

ORDERED that any motion for leave to amend pleadings must be

filed on or before the _______ day _ _ _ _ _ _ 19

_ _ _ . IT IS FURTHER ORDERED that the scheduled initial

pretrial conference is hereby canceled.

Notice of any intention to file a dispositive motion, including a

motion for summary judgment, shall be filed within twenty (20)

days from the close of discovery. See Local Rule 206(a). The motion

must be filed within sixty (60) days from the close of discovery. See

Local Rule 206(b).

United States District Judge or Magistrate

2 The standard discovery period is 120 days. If the parties propose a longer

period, they must set forth their reasons for believing an ex tended period is required.

The discovery period must include time for identification of experts and discovery

with respect thereto. In appropriate cases, the parties may wish to provide that experts be identified at the close of a "general" discovery period, with a subsequent 60

day discovery period with respect to experts only.

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FORM 2

(See Local Rule 207)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

_ _ _ _ _ _ _ _ DIVISION

Plaintiff

vs.

Civil Action

No. ____________

Defendant

ORDER ON FINAL PRETRIAL CONFERENCE

Pursuant to the provisions of Rule 16 of the Federal Rules of

Civil Procedure and Local Rule 207, a final pretrial conference was

held in the above-entitled cause on the ____ day

of ____________ , 19 __. ____________

appeared as counsel for the plaintiff, and _ _ _ _ _ _ _ _ _ __

appeared as counsel for the defendant.

(1) It is stipulated that all parties are properly before the court

and that the court has jurisdiction of the parties and the subject

matter, except:

(2) It is stipulated that all parties have been correctly

designated, and there is no question as to misjoinder or nonjoinder

of parties, except:

(3) It is stipulated that there is no question concerning the

validity of the appointment of the representative of any party, except: [Letters or orders of appointment should be included as exhibits.]

(4) In general, the contentions of the plaintiff as to the basis of

recovery are as follows:*

*IN CONTRACT CASES, the parties should stipulate upon, or state their contentions with respect to, where applicable, {a) whether the contract relied on was oral

or in writing; (b) the date thereof and the parties thereto; (c) the substances of t~e co~tract, if oral; (d) the terms of the contract which are relied upon, and the portions m

controversy; (e) any collateral oral agreement, if claimed, and the terms thereof; (f)

any specific breach of contract claimed; (g) any misrepresentation of fact claims; (h) if

modification of the contract or waiver of covenant is claimed, what modification or

waiver, and how accomplished, and (i) an itemized statement of damages claimed to

have resulted from any alleged breach, the source of such information, how computed, and any books or records available to sustain such damage claimed.

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. (5) In general, the contentions of the defendant as to the basis

of its defenses and counterclaims are as follows:*

(6) Any third-party defendant or cross-claimant should follow

the same procedure as set out in paragraphs (4) and (5) for plaintiff

and defendant.*

(7) In addition to the other stipulations contained herein, the

parties hereto stipulate to the following undisputed material facts:

(a)

(b)

(8) The following is a list of the exhibits, with pretrial identification markings and a brief description of each exhibit, which

plaintiff may offer at the trial:

(a)

(b)

(9) It is stipulated that opposing counsel has been furnished a

copy of, inspected, or waives inspection of, each exhibit identified

by the plaintiff, except:

(10) It is stipulated that each of the exhibits identified by the

plaintiff is authentic and admissible and, if relevant and material,

IN NEGLIGENCE CASES, the parties should stipulate upon, or state their

contentions with respect to, where applicable, (a) the owner, type and make of each

vehicle involved; (b) the agency of each driver; (c) the place and time of accident, conditions of weather, and whether daylight or dark; (d) nature of terrain as to level,

uphill or downhin· (e) traffic signs, signals, and controls, if any, and by what authority placed; (f) any claimed obstruction of view; (g) presence of other vehicles, where

significant; (h) a detailed list of acts of negligence or contributory negligence claimed; (i) specific statutes, ordinances, rules, or regulations alleged to have been

violated, and upon which each of the parties will rely at the trial to establish

negligence or contributory negligence; (j) a detailed list of nonpermanent personal in-

juries claimed, including the nature and extent thereof; (k) a detailed list of permanent

personal injuries claimed, including the nature and extent thereof; (1) the age of

any party alleged to have been injured; (m) the life and work expectancy of any party

seeking to recover for permanent injury; (n) an itemized statement of all special

damages, such as medical, hospital, nursing, etc., with the amount and to whom

paid; (o) if loss of earnings is claimed, the amount, manner of computation and period

for which loss is claimed; (p) a detailed list of any property damages, and (q) in death

cases, the decedent's date of birth, marital status, employment for five years before

date of death, work expectancy, reasonable probability of promotion, rate of earnings

for five years before date of death, life expectancy under mortuary tables, and

general physical condition immediately prior to date of death.

IN THE EVENT THIS CASE DOES NOT FALL WITHIN ANY OF THE

CATEGORIES ENUMERATED ABOVE, OR ANY OF THE CATEGORIES

SUGGESTED BY THIS FORM, COUNSEL SHALL NEVERTHELESS SET

FORTH THEIR POSITIONS IN DETAIL.

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may be received in evidence without further identification or proof,

except: [Set out with particularity the basis of objection to specific

exhibits.]

(11) The following is a list of the exhibits, with pretrial identification markings and a brief description of each exhibit, which the

defendant may offer at the trial:

(12) It is stipulated that opposing counsel has been furnished a

copy of, inspected, or waives inspection of each exhibit identified by

the defendant, except:

(13) It is stipulated that each of the exhibits identified by the

defendant is authentic and admissible and, if relevant and material,

may be received in evidence without further identification or proof,

except: [Set out with particularity the basis of objection to specific

exhibits.]

(14) Any third-party defendant and cross-claimant should

follow the same procedure with respect to exhibits as above outlined

for plaintiff and defendant.

(15) The following is a list of the names and addresses of the

witnesses plaintiff may offer at the trial, together with a brief statement of the material points that counsel proposes to establish by

the testimony of each witness:

(a)

(b)

(16) The following is a list of the names and addresses of the

witnesses defendant may offer at the trial, together with a brief

statement of the material points that counsel proposes to establish

by the testimony of each witness:

(a)

(b)

(17) Any third-party defendant and cross-claimant should

follow the same procedure with respect to witnesses as above outlined for plaintiff and defendant.

(18) There are no pending or impending motions, and neither

party desires further amendments to the pleadings, except:

(19) Additional consideration has been given to a separation of

the triable issues, and counsel for all parties are of the opinion that a

separation of issues in this particular case would (would not) be appropriate.

(20) The plaintiff contends that the contested issues are as

follows:

(21) The defendant contends that the contested issues are as

follows:

(22) Any third-party defendant and cross-claimant contends

that the contested issues are as follows:

(23) Counsel for the parties announce that all witnesses are

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available, and the case is in all respects ready for trial. The probable

length of the trial is estimated to be _ _ _ _ _ days.

(24) Counsel for the parties represent to the court that, in advance of the preparation of this order, there was a full and frank

discussion of settlement possibilities and that prospects for settlement appear to be (excellent) (good) (fair) (poor) (remote). Counsel for

the plaintiff will immediately notify the clerk in the event of

material change in settlement prospects.

Counsel for Plaintiff

Address

Telephone

Counsel for Defendant

Address

Telephone

APPROVED AND ORDERED FILED:

Date _ _ _ _ _ _ _ _ _ _ _ __

United States District Judge or

Magistrate

AT THE CONCLUSION OF THE FINAL PRETRIAL CONFERENCE, THE

COURT WILL DICTATE A MEMORANDUM ANNOUNCING REQUIREMENTS WITH RESPECT TO THE FILING OF TRIAL BRIEFS, THE

FILING OF REQUESTS FOR JURY INSTRUCTIONS OR PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, THE MANNER OF MARKING EXHIBITS, AND THE NUMBER OF COPIES OF EXHIBITS TO BE FURNISHED AT TRIAL. THE COURT WILL ALSO SET AN ACTUAL OR TENTATIVE TRIAL DATE.

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