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ill~ITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

IN RE:

lvlisc.

LOCAL RULES COiVIIviiTTEE

06-102

ORDER

Pursuant to L. R. Gen l.L3 and by agreement of the Judges of this

Court, C. Russell Bengtson, Steven M. Richard, Terrence P. Donnelly,

Raymond A. Marcaccio, t:itacey .NaKasian, and Raymond Ripple a.Le hereby

appointed to the Local Rules Review Committee effective July 1, 2010.

James T. Murphy and David A. Wollin are hereby appointed as Co-Chairs of

the Committee effective July 1, 2010.

Therefore, the Local Rules Review Committee shall be composed of the

following individuals, whose terms expire on the dates indicated next to

their respective narnes.

Term Expires

James

1'.

ivicCormick,

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Anthony F. Muri, Esq.

James T. Murphy, Esq.

R. Daniel Prentiss, Esq.

Sara A. Rapport, Esq.

Mary McElroy, Esq.

June '0 2011

June 30, 2011

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June ""

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June

C. Russell Bengtson, Esq.

Terrence P. Donnelly, AUSA

Ray~ond A. Marcaccio, Esq.

Stacey P. Nakasian, Esq.

Steven M. Richard, Esq.

Raymond M. Ripple, Esq.

June

Paul Goodale, ex officio reporter

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Chief Judqe

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Mary M. Lli

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June 30, 2011

Marc DeSisto, Esq.

Christopher Little, Esq.

Brooks R. Magratten, Esq.

James E. O'Neil, Esq.

Edward C. Roy, Jr., Esq.

Patricia A. Sullivan, Esq.

David A. Wollin, Esq.

So Ordered:

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

LOCAL RULES REVIEW COMMITTEE

Minutes of March 7, 2011 Meeting

On Monday, March 7, 2011, the Local Rules Review Committee met in the Jury

Assembly Room of the United States District Court. There was a quorum.

Chief Judge Lisi addressed the committee, thanking it for its work and also touching

upon several matters that the committee might address during this session. Judge Lisi then

withdrew and the committee, with the assistance of USDC court staff, including David

DiMarzio, Paulette Dube, Michael Simoncelli, and Paul Goodale began its work.

James Murphy and David Wollin co-chaired the meeting. The following matters were

addressed:

Several new members were welcomed to the committee and several vacancies

were filled. Mary McElroy agreed to chair the criminal rules subcommittee.

Marc DeSisto agreed to chair the general rules subcommittee. Terrence Donnelly

was added to the criminal rules subcommittee; Steve Richard was added to the

general rules subcommittee; Raymond Marcaccio, Russell Bengtson and

Raymond Ripple were added to the civil rules subcommittee.

The committee then addressed the following proposals with respect to possible revision

of local rules:

L.R. Gen. 106, relating to referrals for jury trials, “unless all parties agree

otherwise” is an issue raised by the Court, as other districts do not have

this rule. This issue was referred to the general rules subcommittee for

consideration, evaluation and recommendation; R.R. Gen. 109 relating to

bankruptcy appeals was addressed to the general rules subcommittee also.

L.R. Gen. 209 relating to disciplinary actions initiated by the Court and is

related to L.R. Gen. 214, governing reciprocal disciplinary proceedings.

The Court asked that these be reviewed. They are referred to the general

rules subcommittee for consideration, evaluation and recommendation, as

well.

LR Gen 210. This proposed change, along with the change to LR Gen 214,

was discussed in a letter dated 4/1/11 from the Court, and referred to the

subcommittee, as well.

LR Cv 5 relating to the form and filing of documents is the subject of a

recommendation by the Court that it be revised to include individuals

filing complaints pro se. This proposal is referred to the civil rules

subcommittee; similarly LR Cv 5.1 relating to process servers is referred

to the civil rules subcommittee.

LR Cv 67 relating to funds deposited with the Court and procedures

relating thereto. The Court has suggested that this be revised to follow the

schedule of the Judicial Conference of the United States approach. This is

referred to the civil rules subcommittee for consideration, evaluation and

recommendation.

LR Cv 72 relates to appeals from magistrate rulings and transcripts. The

issue of privacy issues with online transcripts is to be considered,

evaluated and reported upon by the civil rules subcommittee.

Certain suggestions received from the bar and public were referred to the

Civil Rules Subcommittee (John Tarantino’s proposed revisions of LR Cv

55 [Default Judgments] and a new rule regarding the filing of

supplemental authority; Pat Rocha’s revision of LR Cv 69 [Writs of

Execution]); and the suggestions submitted by a pro se filer.

The issue of transcripts and privacy considerations also is raised with

respect to LR Cr 57.2, concerning appeals from orders or rulings by

magistrate judges, and also LR Cr 57.1 with respect to applications for

post-conviction relief and for habeas petitions. These issues are addressed

to the criminal rules subcommittee for its consideration, evaluation and

recommendation.

Chief Judge Lisi’s letter (dated 3/17/11) regarding the Court’s suggested

change to LR Cr 32 was discussed and referred to the criminal rules

subcommittee for consideration, evaluation and recommendation.

The issue of restyling numbers throughout the rules (for example, all references

to “twenty-one days” would become “21 days,” if accepted.) was discussed and

the discussion and analysis will continue.

A holdover from the previous cycle is consideration of any proposed revision to LR Cv 26(d)

(relating to requests for admission) and whether a definite time period should be added in any

amendment. This was referred to the civil rules subcommittee.

A tabled amendment, from the last session, is consideration of any expedited non-dispositive

motion practice. This likely will await appointment to a third judge to the court.

The Local Rules Review Committee report is due in June. The last full committee meeting

likely will be scheduled in May. The next meeting of the Full Committee will be on Monday,

April 25. In the interim the subcommittees will confer on the items referred to them.

Respectfully submitted,

______________________________

James T. Murphy

Co-Chair

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

LOCAL RULES REVIEW COMMITTEE

APRIL 25, 2011

The Local Rules Review Committee (“LRRC”) held a meeting on April 25, 2011 at

12:30 PM in the Jury Assembly Room of the United States Courthouse. James Murphy and

David Wollin co-chaired the meeting. The following LRRC members and Court personnel were

present: Anthony Muri, Pat Sullivan, Marc DeSisto, Dan Prentiss, Chris Little, Ray Marcaccio,

Ray Ripple, David DiMarzio, Paulette Dube, Paul Goodale, and Michael Simoncelli. Co-chair

James Murphy called the meeting to order at 12:35.

Mr. Murphy recapped the previous LRRC meeting, and mentioned that the proposals

submitted by the Court, the bar, and the public were forwarded to the various subcommittees of

the LRRC for review. He reported that the subcommittees had met and discussed the suggested

amendments, and that the subcommittee chairs would report the recommendations of their

subcommittee to the full committee.

Mr. Murphy started by reviewing the suggested amendments to the General Rules

contained in the Court’s March 3, 2011 letter to the LRRC (LR Gen 106, LR Gen 109, and LR

Gen 209), and those contained in a subsequent letter from the Court to the LRRC dated April 1,

2011 (LR Gen 210 and LR Gen 214). General Rules Subcommittee Chair Marc DeSisto

explained that the subcommittee conferred, and agreed to recommend adoption of all of the

Court’s suggested changes to the General Rules. The LRRC accepted the subcommittee’s

recommendation.

Mr. Murphy next summarized the suggested civil rules amendments contained in the

Court’s March 3 letter to the LRRC (LR Cv 5, LR Cv 5.1, LR Cv 67, LR Cv 72), the proposed

amendment tabled from the 2009-2010 Local Rules review cycle (LR Cv 26), and the proposals

received from the bar and public (suggested revisions to LR Cv 55, LR Cv 69, a new rule

regarding the submission of supplemental authority, and various suggestions from a pro se

litigant). Civil Rule Subcommittee chair Dan Prentiss reported that the subcommittee conferred

and approved the Court’s proposed amendments to LR Cv 5, LR Cv 5.1, LR Cv 67, and LR Cv

72. The LRRC accepted the subcommittee’s recommendation.

Mr. Prentiss next explained John Tarantino’s suggested change to LR Cv 55, which

proposed that the notice requirements for motions for default and motions for default judgment

be eliminated. A redlined version of the subcommittee’s proposed revision was distributed to the

LRRC. Ray Marcaccio asked if the subcommittee’s proposed amendment was Mr. Tarantino’s

proposal. Mr. Prentiss explained that it was not: the subcommittee elected to drop the noticing

requirements for entries of default, but to keep them for motions for entry of default judgment.

David Wollin asked if the requirement that service be made by certified and first-class mail,

instead of personal service, for motions of entry of default judgment was in line with case law on

the subject. Mr. Prentiss said that he believed that mail service was adequate. The LRRC

accepted the subcommittee’s recommendation.

Mr. Prentiss followed by explaining Pat Rocha’s suggestion to eliminate section (b) of

LR Cv 69 (writs of execution) so that the local rule conforms with Fed. R. Civ. P. 69. The

subcommittee endorsed the change, and the LRRC accepted the subcommittee’s

recommendation. Mr. Prentiss also mentioned that the subcommittee considered Mr. Tarantino’s

other suggestion that the LRRC create a rule regarding the submission of supplemental authority

that mirrors Fed. R. App. P. 28(j). The subcommittee declined to offer an amendment on that

suggestion, but thanked Mr. Tarantino for his submission on the issue.

The Civil Rules Subcommittee also considered the suggestions proposed by Carol Pisani

of Johnston, RI. The subcommittee reviewed her suggested changes, but elected to not

recommend any changes to the LRRC based on her suggestions. The LRRC thanked Ms. Pisani

for her proposals regarding the local rules.

Next, the discussion moved to LR Cv 26 (Discovery) and how it relates to requests for

admission. The LRRC had submitted a change to LR Cv 26 during the last review cycle that

exempted requests for admission from the discovery deadlines, but that change was tabled by the

Judges because it lacked a deadline. Mr. Prentiss said that the subcommittee recognized the

Court’s concern, but felt that there was no way to set a firm cut-off date since the amount of time

between the end of discovery and the trial often varies. The subcommittee elected to rewrite the

amendment to LR Cv 26 as: “Unless the Court otherwise orders, requests for admission may be

served at any time prior to trial. The pendency of outstanding requests for admission shall not be

the basis for continuance of the trial date.” This proposal led to significant discussion by the full

Committee, and a number of alternative proposals were suggested in it place. Following this

discussion, Mr. Prentiss revised the original proposal to read: “Requests for admission may be

served following the discovery closure date with leave of Court, upon motion which includes the

proposed requests.” The LRRC accepted the subcommittee’s recommendation.

Mr. Murphy pointed out that there were no members of the Criminal Rules Subcommittee

present, but he summarized the rules referred to that subcommittee in the Court’s March 3 letter.

In addition, Paul Goodale briefly elaborated on the Court’s March 17 letter recommending

removal section (a) of LR Cr 32. Mr. Murphy added that he had spoken with Mary McElroy, the

Criminal Rules Subcommittee chair, and that she would provide the co-chairs with a report of the

subcommittee’s actions. Once he receives the Criminal Rules Subcommittee’s report, Mr.

Murphy said that he would distribute it to the others members of the LRRC.

Tony Muri added that the ECF Subcommittee did not have any proposals to consider

during this cycle.

David DiMarzio gave a summary of the restyling of numbers throughout the rules. He

explained that numbers had been styled in a variety of ways throughout the rules: by spelling

numbers out; by spelling numbers out with the Arabic numerals in parenthesis; and with Arabic

numerals only. The Court has proposed that all numbers appear as Arabic numerals only to

match the style in the Federal Rules. The LRRC accepted the Court’s proposal.

The next meeting of the LRRC was scheduled for June 1, 2011 at 12:30 in the Jury

Assembly Room of the Courthouse.

Mr. Murphy adjourned the meeting at 1:25 PM.

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

LOCAL RULES REVIEW COMMITTEE

JUNE 1, 2011

The Local Rules Review Committee (“LRRC”) held a meeting on June 1, 2011 at 12:30

PM in the Jury Assembly Room of the United States Courthouse. James Murphy and David

Wollin co-chaired the meeting. The following LRRC members and Court personnel were

present: Pat Sullivan, Marc DeSisto, Dan Prentiss, Chris Little, Ray Marcaccio, Mary McElroy,

Stacey Nakasian, David DiMarzio, Paulette Cieslak, Paul Goodale, and Michael Simoncelli. Cochair James Murphy called the meeting to order at 12:35.

Mr. Murphy started the meeting by outlining the agenda items for the day’s meeting: the

report of the Criminal Rules Subcommittee, a proposed amendment to LR Gen 213, and the

LRRC’s final report.

Mary McElroy, the chair of the Criminal Rules Subcommittee, gave a brief summary of

the Subcommittee’s report regarding the proposed amendments to the criminal rules. Ms.

McElroy explained that her Subcommittee considered three amendments to the criminal rules:

LR Cr 32 (repeal of (a) concerning the filing of motions for sentences outside the sentencing

guidelines); LR Cr 57.1 (addition of a footnote clarifying the use of “petition” and “petitioner”),

and LR Cr 57.2 (changes to (c)(1), (c)(2), (d)(1), and (d)(2) regarding the filing of transcripts in

appeals from a Magistrate Judge’s ruling and in objections to a Magistrate Judge’s Report and

Recommendation). She reported that the Subcommittee recommended adoption of the proposed

rule changes. The LRRC accepted the subcommittee’s recommendation.

Mr. Murphy next explained that the Court had an additional proposal for the LRRC to

consider regarding LR Gen 213 (Criminal Convictions). David DiMarzio explained that LR Gen

213 currently allows for the suspension of an attorney on receipt of a judgment showing

conviction of a serious crime, or upon the entry of a plea of guilty or nolo contendere. Mr.

DiMarzio added that the proposed amendment was needed to close a loophole in the present rule

by ensuring that attorneys would also be suspended following receipt of an official record of “a

finding of guilt or the return of a guilty verdict.” The LRRC voted to support the proposed rule

change.

Mr. Murphy then asked if the subcommittee chairs had any other proposal to make. The

Subcommittee chairs said that they no additional proposed rule changes.

Mr. DiMarzio explained that the Court would circulate a draft of the report detailing the

actions taken at the April 25 and June 1 LRRC meetings. The draft would initially be sent to the

co-chairs to review, and if the draft was approved, it would then be circulated to the LRRC via

email. Committee members would have ten days to review the draft report, and recommend any

changes to the co-chairs. Following this review period, the co-chairs would submit the LRRC’s

final report, with a cove letter, to the Court by June 30, 2011.

Mr. Murphy adjourned the meeting at 12:55 PM.

HANSON CURRAN LLP

COUNSELORS AT LAW

DAVID P. WHITMAN

SARA FONTES'

MICHAEL T. F. WALLOR

NICHOLAS R. MANCINI'

JAMES T. MURPHY*

MARY WELSH MCBURNEY*

THOMAS R. BENDER

• ALSO ADMITTED IN MASSACHUSETTS

+ALSO ADMITTED IN NEW YORK

'ALSO ADMITTED IN CONNECTICUT

MEGAN J. GOGUEN*•+

KIRK HANSON 1948- 1991

WILLIAM A. CURRAN 1957 · 2002

June 15, 2011

The Honorable Mary M. Lisi

Chief Judge of the United States District Court

United States District Comi

One Exchange Terrace

Providence, RI 02903

Re:

Annual Repmi of the Local Rules Review Committee

Dear Chief Judge Lisi:

As the co-chairs of the Local Rules Review Committee, on behalf of the Committee, we

hereby submit the enclosed Almual Report of the Local Rules Review Committee. Pursuant to

LR Gen 113(b)(l), this report constitutes the Committee's Ammal Report to the Court on the

proposed amendments to the Local Rules. This A1mual Report was adopted by vote of the

Committee via email following the Committee's June 1, 2011 meeting.

The Committee began its work by asking for suggested changes to the Local Rules from

the Bar and public during February 2011, and the Committee received four suggested changes

(three from attorneys and one from the public). The Committee discussed these suggestions,

along with those submitted by the Court, at its March 7, 2011 meeting. At the end of that

meeting, in consideration of the volume of rules proposals, the Committee referred the suggested

amendments to the various subcommittees. The co-chairs asked that the subcommittees confer

during March and April on the suggested rule changes in their respective areas, and report to the

chairs in advance of the April25, 2011 meeting.

At the meeting on April 25, and a subsequent one on June 1, the Committee reviewed the

work of the General Rules, Civil Rules, and Criminal Rules Subconm1ittees (there were no

amendments for the ECF Subcommittee to consider), and the full Committee endorsed 16 rule

changes. Many of the changes endorsed by the Committee were non-controversial, teclmical

amendments to the Local Rules, but the Committee did recommend substantive changes to LR

Cv 26 (Discovery), LR Cv 55 (Motions for Default and Default Judgment), LR Cv 69 (Writs of

Execution), and LR Cr 32 (Sentencing and Presentence Repmis). All of the recmmnended rule

amendments are set fmih in the Annual Report Table.

THE TURKS HEAD BUILDING, SUITE 550, ONE TURKS HEAD PLACE, PROVIDENCE, RHODE ISLAND 02903

TELEPHONE 401-421-2154 TELECOP!ER401-521-7040 WWW.HANSONCURRAN.COM

If you have any questions, feel free to contact us.

Respectfully submitted,

Enclosure

cc:

David DiMarzio

Paul Goodale

\//,;\

urphy (.,_,

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United States District Court

for the District of Rhode Island

PROPOSED AMENDMENTS TO LOCAL RULES

JUNE 30, 2011

--------,~-------'

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General/ Attorney Rules

Rule

Number

Suggestion Received*

LRGen

106

LR Gen 106 REFERRALS TO AND

FROM OTHER DISTRICTS

Subcommittee Recommendation

Full Committee Action

Court

Action

The General Rules Subcommittee

endorses the proposed change and

recommends adoption by the Court.

PROPOSED CHANGE

ACCEPTED

*****

(c)

Trials and Other Proceedings. Conferences and

hearings may be held in either district. Jmy trials

shall be held in the district where the case

originates l±B:tess aU j3arti:es agFee eilief'l'l'ise.

LRGen

109

LR Gen 109

BANKRUPTCY

*****

The General Rules Subcommittee

endorses the proposed change and

recommends adoption by the Court.

Appeals to District Court

(f)

*****

(1)

Notice of Appeal. When a notice of appeal is

filed with the bankruptcy clerk, the bankruptcy

clerk shall, forthwith, transmit a copy of the

notice of appeal to the District Cowi clerk,

together with a copy of the judgment, order or

decree that is the subject of the appeal and the

Appeal Cover Sheet. The District Court clerk,

thereupon, shall treat the matter administratively

as a newly filed case, but in accordance with

tffieflm Bankruptcy Rule 800l(f)(2), the matter

shall not be deemed "pending" in this Court until

the record has been transmitted and docketed.

(2)

Motion for Leave to Appeal. When a motion

for leave to appeal is filed with the bankruptcy

clerk, the bankruptcy clerk shall, fotihwith,

transmit a copy of the motion to the District

Court clerk, together with copies of the notice of

* Unless otherwise indicated, the suggestion was made by tbe Comi.

PROPOSED CHANGE

ACCEPTED

General/ Attorney Rules

Rule

Number

Suggestion Received*

appeal, the judgment, order or decree that is the

subject ofthe proposed appeal, and any

memorandum of counsel submitted in support of

or in opposition to the motion. The District

Court clerk, thereupon, shall treat the matter

administratively as a newly filed case, but in

accordance with Meflm Bankruptcy Rule

8001(£)(2), the matter shall not be deemed

"pending" in this Court until leave to appeal has

been granted.

(3)

Requests for Certification. Any request by a

party for the certification of an appeal directly to

the Court of Appeals filed in the District Court

pursuant to 28 U.S.C. 158(d)(2) and ±nteBm

Bankruptcy Rule 800l(f) shall be in the form of

a motion complying with LR Cv 7.

*****

(5)

Dismissal of Appeals by Bankruptcy Judge.

A bankruptcy judge may dismiss an appeal if:

*****

(B)

the appellant has failed to file a

designation of the record or a statement

of the issues within the time specified in

Bankruptcy Rule 8006 or any extension

thereof; or

*****

* Unless otherwise indicated, the suggestion was made by the Comi.

Subcommittee Recommendation

Full Committee Action

Court

-Action

General/ Attorney Rules

~~!:ber I

Suggestion Received*

Subcommittee Recommendation

Full Committee Action

LRGen

209

LR Gen 209

BASIS FOR DISCIPLINARY ACTION

*****

(c)

The General Rules Subcommittee

endorses the proposed change and

recommends adoption by the Court.

Misconduct. Misconduct for which an attorney

may be disciplined pursuant to this Rule 209 may

include:

Will Violation of the Standards ofProfessional

Conduct referred to in LR Gen 208;

violation of these Local Rules or

wm Intentional

any order of this Court;

Will Failure to promptly provide the notifications

required by LR Gen 203(b)(l)(B) and/or (C);

Will Conduct which resulted in suspension,

disbarment or any other disciplinary action

taken against the attorney by any other court or

disciplinary body having disciplinary authority

over attorneys; and/or

Will Conviction of a crime.

*Unless otherwise indicated, the suggestion was made by the Court.

PROPOSED CHANGE

ACCEPTED

Court

Action

General/ Attorney Rules

Rule

Number

Suggestion Received*

Subcommittee Recommendation

Full Committee Action

Court

--Action

LR Gen 210

LRGen

DISCIPLINARY PROCEEDINGS

210

*****

(c)

Commencement of Formal Proceedings.

The General Rules Subcommittee

endorses the proposed change and

recommends adoption by the Court

PROPOSED CHANGE

ACCEPTED

*****

(3)

The attorney shall file a written response to the

show cause order and the allegations of

misconduct contained therein within fourteen

(14) days after service from the date of the

order. If any issue of fact is raised in the

response or if the attorney wishes to be heard in

mitigation, the Court shall set the matter for

hearing in accordance with subsection (d) of

this Rule.

*****

Hearing

(d)

(1)

Forum.

*****

from the date of the order, the attorney

and/or any special prosecutor appointed by

the Court may serve and file written

objections to the rep01i. Failure to file an

objection within the fourteen-day period

shall be deemed a waiver of any objection.

Those portions ofthe magistrate judge's

findings and recommendations to which

objection is made shall be reviewed by the

Court de novo based on the record compiled

before the magistrate judge. The Court may

accept, reject, or modify, in whole or in part,

* Unless otherwise indicated, the suggestion was made by the Comi.

~--~-

-----

General/ Attorney Rules

Rule

Number

Suggestion Received*

Subcommittee Recommendation

Full Committee Action

Due to time considerations, this suggested

amendment was not referred to the

General Rules Subcommittee, but was

considered by the full LRRC at the June 1,

2011 meeting.

PROPOSED CHANGE

ACCEPTED

the findings or recommendations made by

the magistrate judge or it may receive

further evidence or recommit the matter to

the magistrate judge with instructions.

*****

LRGen

213

LR Gen 213

CRIMINAL CONVICTIONS

Criminal Convictions

(a)

(1)

Summary Suspension. The Court shall enter an

order immediately suspending an attorney who

is a member of the Bar of this Court or who is

admitted to practice pro hac vice from practicing

before this Court upon receipt of:

(A)

An official record of a fmding of guilt or the

return of a guilty verdict as to a serious crime,

as hereinafter defmed, or the entry of a plea of

guilty or nolo contendere to , a serious such

crime, as hereinafter defined, in any court of

the United States, the District of Columbia,

any state, territory, commonwealth or

possession of the United States, or;

(B)

A certified copy of a judgment showing

conviction of a serious crime, as hereinafter

defined, in any court of the United States, the

District of Columbia, any state, territory,

commonwealth or possession of the United

States.

A copy of such order shall immediately be

served upon the attorney as provided in LR

Gen 210(c)(2). Upon good cause shovm, the

Court may set aside such order when it

appears in the interest of justice to do so.

(2)

Disciplinary proceeding. In addition to

suspending the attorney, the Court shall issue a

show cause order as provided in LR Gen 21 0(c),

provided, however, that a disciplinary

*Unless otherwise indicated, the suggestion was made by the Court.

Court

Action

General/ Attorney Rules

Rule

Number

Suggestion Received*

Subcommittee Recommendation

Full Committee Action

proceeding so instituted shall not be brought to

final hearing until all appeals from the

conviction are concluded.

An official record showing the entry of the

finding of guilt, the return of a guil!Y verdict, or

a plea of guilty or nolo contendere, or a certified

copy of a judgment of conviction of an attorney

for any crime shall be conclusive evidence of the

commission of that crime in any disciplinary

proceeding instituted against that attorney based

upon the conviction.

*****

LR Gen 214 ACTION TAKEN BY OTHER

COURTS OR DISCIPLINARY AGENCIES

LRGen

214

(a)

The General Rules Subcommittee

endorses the proposed change and

recommends adoption by the Court.

Show Cause Order. When a certified copy of a

judgment or order is filed with this Court showing

that an attorney who is a member of the Bar of this

Court or who is admitted to practice before this

Court pro hac vice has been disciplined or found

incapacitated to practice by any other court of the

United States, the District of Columbia, any state,

territory, commonwealth or possession of the

United States or by any agency having disciplinary

authority over attorneys, whether by reason of

misconduct, mental infirmity or addiction to drugs

or intoxicants, this Court shall, forthwith:

(1)

provide the attorney with a copy of the

judgment or order; and

(2)

issue an order directing the attorney to

show cause, within fourteen (14) days

after service from the date of the order,

why this Court should not impose the

identical discipline and/or make a similar

finding of incapacity.

In the event the action imposed in the other

jurisdiction has been stayed there, any reciprocal

* Unless otherwise indicated, the suggestion was made by the Court.

PROPOSED CHANGE

ACCEPTED

Court

Action

General/Attorney Rules

Rule

Number

Suggestion Received*

Subcommittee Recommendation

action taken by this Court shall be deferred until

such stay expires.

*****

* Unless otherwise indicated, the suggestion was made by the Com1.

Full Committee Action

Court

Action

Civil Rules

Suggestion Received*

Rule

Number

LRCv5

LRCv 5

FORM AND FILING OF

DOCUMENTS

*****

(b)

Subcommittee Recommendation

Full Committee Action

The Civil Rules Subcommittee endorses the

proposed change and recommends adoption

by the Court.

PROPOSED CHANGE ACCEPTED

The Civil Rnles Subcommittee endorses the

proposed change and recommends adoption

by the Court.

PROPOSED CHANGE ACCEPTED

Civil Cover Sheet. Counsel Any person

filing a complaint in a civil case or any

other document that requires a file to be

opened shall contemporaneously file a

completed AO Form JS-44 Civil Cover

Sheet describing the type of case and

identifying any related case previously

filed or pending in this Court. The Clerk

may reclassify a case ifthe cover sheet

does not accurately describe its type.

Cover sheets shall be provided by the

Clerk upon request.

*****

LR Cv 5.1

LRCv 5.1

SERVICE AND PROOF OF

SERVICE

*****

(b)

Private Process Servers.

(2) To be considered for appointment, an

applicant shall file an affidavit application

setting forth the applicant's age, citizenship,

criminal record (if any), and relevant

experience and qualifications for the service

of process. The ap]2lication shall be on a

form 12rovided by the Clerk. In order to be

appointed, an applicant must demonstrate:

(A) sufficient knowledge and/or other

experience to perform the duties

required by law; and

(B)

sufficiently good character to

discharge the duties of a process

server.

* Unless otherwise indicated, the suggestion was made by the Court.

Court

Action

Civil Rules

Rule

Number

Suggestion Received*

Subcommittee Recommendation

Full Committee Action

In the 2009-2010 review cycle, the LRRC

recommended a new section to LR Cv26. The

section would have allowed counsel to serve

requests for admissions "at any time prior to

triaL" The Judges tabled this new

recommendation, and asked the LRRC to

consider adding a definite time period to the

suggested amendment before resubmitting it.

The Civil Rules Subcommittee proposed the

following revision to the amendment that the

Court tabled after the 2009-10 cycle:

After debate over the Civil Rules

Subcommittee's proposal, the LRRC

decided to approve the following revision:

(d} Unless the Court orders otherwisel

reguests for admission may be served at any

time Qrior to trial. The Qendency of

outstanding reguests for admission shall not

be a basis for continuance of the trial date.

(d} Reguests for admission may be

served following the discover:y closure date

with leave of courtl UQOn motion which

includes the QrOQOsed reguests.

Attorney John Tarantino submitted a comment

asking that the requirement in LR Cv 55 directing

counsel to serve, with return receipt, motions for

entry of default and motions for default judgment

be removed from the rule.

The Civil Rules Subcommittee considered

Mr. Tarantino's request, and opted to revise

the rule as follows:

PROPOSED CHANGE ACCEPTED

Court

Action

*****

(4) Appointments will be made on an annual

basis for the geriod of Julyl through

June 30 mil)' .Se reneweEl: aR:E:l::laUy l::lj3eR

:fue filing e:f an affiEl:a,,,it stating :fuat aU

infermatien in :fue eriginal affiaa:vit ana

8:J3plieatien is eeFFeet, tege:fueF wi:fu a

bene in :fue FeqHrreEl: amemrt.

*****

LR Cv26

LRCv 55

A metieR feF ett:f:!:J' e:f El:efal::llt eF ett:f:!:J' ef a

El:efal::llt jHEl:gmeffi maEl:e against a J?aft:J' net

FElJ?Fesented by eeunsel shall be acceffiJ?ameEl: hy

a certificatien :fuat:

(a)

Netice e:f:fue metieR 'n'as gi'.'eR te :fue

J?aft:J' agaiE:st ,,vhem a El:efault eF El:efal::llt

jHdgment is seHght by .Se:fu Fegular

mail, pestage prepaiEl:, aaEI ey eeFtifieEl:

eF Fegistered mail, re:f:l::lm Feeeipt

FeqHesteEI. A eej3y ef:fue Fetl::lFB: Feeeij3t

shall be apJ3enEied te :fue eertifieatien;

Default: The Clerk shall enter a default

ugon an agglication by the glaintiffthat

conforms to the reguirements of Fed. R.

* Unless otherwise indicated, the suggestion was made by the Comi.

~---~

-~~---

------~~-----~~--~--~---

---

~~~

~~~~--~---~

Civil Rules

Rule

Number

Suggestion Received*

Subcommittee Recommendation

Civ. P. 55(a)

(b)

+e :the :Ses:t efthe me:vam's lffievAeege,

the aeeress S8t feffu iB Stl6h

eeft:iJi:eatieB is the last l.ffiewa aeE!fess

efthat party; aad Default Judgment:

Not less than 14 days after filing of a

motion for entrv of default judgment

made against a ]2artv not re12resented by

counsel, the moving J2laintiff shall file

with the Court a certification that:

WEll

The party against whom a

default or default judgment is sought is

not in the military service of the United

States as defined in the Soldiers' and

Sailors' Civil Relief Act of 1940, as

amended~; and

(2)

Notice of the motion was

served on the ]2artv against whom the

judgment is sought by first class mail

and certified mail, return receiQt

reguested, at the address where the

]2artv was served with J2rocess, and the

]2artv's last known address, if different.

The certification shall include the

return recei]2t, or, if unavailable, a

statement of the measures taken to

attem12t service and verify recei]2t by

the defaulted ]2artv.

* Unless otherwise indicated, the suggestion was made by the Comi.

Full Committee Action

Court

Action

Civil Rules

I Rule

Suggestion Received*

~umber

LR Cv 67

LR Cv 67 PARTIES' FUNDS DEPOSITED

WITH CLERK OF COURT

*****

(c)

Subcommittee Recommendation

The Civil Rules Subcommittee endorses the

proposed change and recommends adoption

I by the Court.

Full Committee Action

PROPOSED CHANGE ACCEPTED

Deduction of Court Fees. Any order

obtained by a party that directs the Clerk

to invest in an interest-bearing account

or investment funds deposited in the

Registry of the Court shall contain

wording which directs the Clerk~

.QUrsuant to 28 U.S. C. § 1914(!:2), to

deduct a fee in accordance with the

schedule set by the Judicial Conference

of the United States from the income

earned on the funds deposited or

invested a fee iH: the am:etHH efteH:

percent: (10%) efthe inceme earned,

whenever such income becomes

available for such deduction, and

without further order of the Court. Such

a provision shall be included in the order

regardless of the nature of the case in

which the deposit was made.

* Unless otherwise indicated, the suggestion was made by the Com1.

~------~---~----

- - - - ------ ------

Court

Action

Civil Rules

Rule

Number

Suggestion Received*

Subcommittee Recommendation

LR Cv 69

Attorney Pat Rocha submitted a comment

suggesting that section (b) ofthe rule be deleted

because: (I) the procedure outlined in LR Cv

69(b) is not required under state law (as required

by Fed. R. Civ. P. 69); and (2) the requirement of

an affidavit creates an unnecessary and

superfluous step in the collection process.

The Civil Rules Subcommittee accepted the

suggestion and modified the rule as follows:

LRCv 69

WRITS OF EXECUTION

*****

(b)

Will

Re!jeests foF WFit of K"<eeetien. l.t:

FeEitlsst fBF a "''fit of e~Eeeffiion shall Be

accompanied By an affidavit that states:

(1)

the amotlB:t dl:le on the

jedgment and an e~tplanation

of how fuat amount has Been

ealwlated;

(2)

that a demand fuf payment has

Been made and Fefused; and

(3)

'o><'hat effeFts ha>o<e Been made

to FecoveF the judgment.

Return of Execution.

*****

* Unless otherwise indicated, the suggestion was made by the Comi.

Full Committee Action

PROPOSED CHANGE ACCEPTED

Court

Action

Civil Rules

Rule

Number

Suggestion Received*

Subcommittee Recommendation

LR Cv 72

LRCv 72 AUTHORITY OF

MAGISTRATE JUDGES IN CIVIL CASES

The Civil Rules Subcommittee endorses the

proposed change and recommends adoption

by the Court.

*****

(c)

Appeals from Rulings on

Nondispositive Matters.

(1)

Time for Appeal; Failure to File.

Any appeal from an order or other

ruling by a magistrate judge in a

nondispositive matter shall be filed

and served within fourteen (14) days

after such order or ruling is served on

the appellant. The a12J2ellant shall also

order a transcri]2t of any evidentia!:Y

hearing(s} before the magistrate judge

within the same 14-day 12eriod.

Failure to file specific objections and

order the transcri]2t in a timely manner

constitutes waiver of the right to

review by the district judge and the

right to appeal the Court's decision.

(2)

Content of Appeal. Any such appeal

shall consist of a notice of appeal

setting forth the basis for the appeal,

and a memorandwn of law which

complies with LR Cv 7,....arui-a

ffaE:S6fij3t of aft)' e,,,iEleffiiaFJ' l=teaFiagEsj

eefefe ffl6 magistrate j H:age aH:Ebior aay

statemeffis ey the magistfate jHElge of

the Feasons fuF the ordeF Of mling.

*****

Objections to Reports and

Recommendations.

(d)

(1)

Time for Objections; Failure to File.

Any objection to a Report and

Recommendation by a magistrate

* Unless otherwise indicated, the suggestion was made by the Court.

Full Committee Action

PROPOSED CHANGE ACCEPTED

Court

Action

Civil Rules

Suggestion Received*

Rule

Number

Subcommittee Recommendation

Full Committee Action

The Civil Rules Subcommittee considered the

proposal, but declined to recommend a

change.

The Full Committee accepted the

subcommittee's recommendation.

The Civil Rules Subcommittee considered the

comments, but declined to recommend any

changes.

The Full Committee accepted the

subcommittee's recommendation.

judge shall be filed and served within

fourteen (14) days after such Report

and Recommendation is served on the

objecting party. The objecting party

shall also order a transcri]2t of any

evidentim hearing(s) before the

magistrate judge within the same 14day 12eriod. Failure to file specific

objections and order the transcri]2t in a

timely manner constitutes waiver of

the right to review by the district judge

and the right to appeal the Court's

decision.

(2)

Content of Objections. An objection

to a magistrate judge's Report and

Recommendation shall be

accompanied by a memorandum of

law specifying the fmdings and/or

recommendations to which objection

is made, and the basis for the

objection, ffi3:El a tfae:sefij:Jt sf afry

eviaemiary heaFing(s) befofe the

magistfate juage. The memorandum

shall comply with LR Cv 7.

*****

Attorney John Tarantino submitted a change

suggesting that the LRRC consider an

amendment allowing for the submission of

I supplemental authority similar to Fed. R. App.

Proc. 28(j).

The LRRC also received four comments from

Ms. Carol Pisani of Jolmston, Rhode Island

suggesting various changes to the Local Rules.

Copies of the comments are attached to this

document.

*Unless otherwise indicated, the suggestion was made by the Court.

___

,_,_~---,

"~---'~'

Court

Action

Criminal Rules

Rule

Number

LRCr

32(a)

Suggestion Received*

Subcommittee Recommendation

Full Committee Action

LR Cr32 SENTENCING AND

PRESENTENCE REPORTS

The Criminal Rules Subcommittee endorses

the proposed change and recommends

adoption by the Court.

PROPOSED CHANGE ACCEPTED

The Criminal Rules Subcommittee endorses

the proposed change and recommends

adoption by the Court.

PROPOSED CHANGE ACCEPTED

(a)

Sentenees GHtsiEle ef the Gaiaeline

Range. Any FeEfHest feF a sentenee

em:si:Ele e:f the aJ3:f3l:i:eaele gHi:Eleli:He F<mge

shaU l:le maae l:ly a metieR :B:lea ana

sep,<ea at least ele,,cen El ±1 Elays :FJFieF te

the Elate seheElHlea Eef seB:teB:ei:Hg ana

shalll:le aeeeffi:FJanieEll:ly a memeFanElHm

setting ferth fue faerual ana legal gF8HHEls

Eef the F8EfHBSt

fbj(a)

Sentencing Witnesses; Expert Report.

*****

fe)(b)

Presentence Investigative Report.

*****

LRCr

57.1

LRCr 57.1 APPLICATIONS FOR POSTCONVICTION RELIEF

(a)

Form. Any prose petition* for postconviction relief filed pursuant to 28 U.S. C. §

2254 or 28 U.S. C. § 2255 shall be on a form

provided by the Clerk's Office. The Clerk

shall make the form available upon request

and without charge.

*In this context, "Qetition" refers to both Qetitions

for relief under §2254 and motions to vacate, set

aside, or correct a sentence under§ 2255; and

"Qetitioner" refers to both Qetitioners seeking relief

under §2254, and movants seeking to vacate, set

aside, or con·ect a sentence under §2255.

* Unless otherwise indicated, the suggestion was made by the Court.

··-----···---·-

--·

----·

. -··--···-·--

--- -------

- - - - · · - - ---·-···--·---·-·--·.

Court

Action

Criminal Rules

Rule

Number

LRCr

57.2

Suggestion Received*

Subcommittee Recommendation

Full Committee Action

LR Cr 57.2 AUTHORITY OF

MAGISTRATE JUDGES IN CRIMINAL

CASES

*****

The Criminal Rules Subcommittee endorses

the proposed change and recommends

adoption by the Court.

PROPOSED CHANGE ACCEPTED

(c)

Appeals from Rulings On Nondispositive

Matters.

(1) Time for Appeal. Any appeal from an

order or other ruling by a magistrate judge

in a nondispositive matter shall be filed

and served within fourteen (14) days after

such order or ruling is served on the

appellant. The a12:12ellant shall also order a

transcri];lt of any evidentiar:y hearing(s)

before the magistrate judge within the

same 14-day J2eriod.

(2) Content of Appeal. Any such appeal

shall consist of a notice of appeal setting

forth the basis for the appeal, and a

memorandum of law which complies with

LR Cr 4 7, ana a tfaE:s GFij3t ef: aBJ'

e,,,iElemiary hearingEsj l:lefere the

magistfate jHElge anEI,ier aEJ' si:atemeBi:s l:ly

the magistrate jHElge ef the reasom for the

erEler or rulmg.

*****

(d)

Objections to Reports and

Recommendations.

(1) Time for Objections. Any objection to a

Report and Recommendation by a

magistrate judge shall be filed and served

within fourteen (14) days after such

Report and Recommendation is served on

the objecting party. The objecting party

shall also order a transcriQt of any

evidentiary hearing(s) before the

*Unless otherwise indicated, the suggestion was made by tl1e Court.

Court

Action

Criminal Rules

Rule

Number

Suggestion Received*

Subcommittee Recommendation

magistrate judge within the same 14-day

period.

(2) Content of Objections. An objection to

a magistrate judge's Report and

Recommendation shall be accompanied

by a memorandum of law specifying the

findings and/or recommendations to

which objection is made,-and the basis for

the objection, ana a tfanS6fij3t ef any

eviaentiary heaFing(s) befeFe l:he

magistFate juage. The memorandum shall

comply with LR Cr 4 7.

*****

* Unless otherwise indicated, the suggestion was made by the Court.

Full Committee Action

Court

Action

Other Comments/Changes

Suggestion Received*

Rule

Number

Subcommittee Recommendation

Full Committee Action

N!A

PROPOSED CHANGE ACCEPTED

The Court proposed to restyle all numerical

references as Arabic numbers only. For example,

all references to "twenty-one days" or "twentyone (21) days" would be restyled as "21 days."

* Unless otherwise indicated, the suggestion was made by the Court .

. ··---·-

··~~-····~·---··---

Court

Action

In accordance with the discussion during the District of Rhode Island break-out session at the First Circuit Judicial

Conference, I request that LR Civ 55 either be eliminated as unnecessary (based on Fed.R.Civ.P. 55) or be changed so

as not to require that the party who has not appeared be given notice of a motion for either entry of default or entry of

default judgment by both regular mail, postage prepaid, and by certified or registered mail, return receipt requested (with a

copy of the return receipt appended to the certification).

The rationale for the requested elimination or change is as follows. The party against whom a default or default judgment

is being sought has already failed to answer or otherwise plead to the complaint and a copy of the proof of service has

already been filed with the clerk of the court. If a party has not appeared, then I question the necessity of having to serve

that party with a notice seeking a default or default judgment and requiring a return receipt to be appended to the

certification. This added requirement seems to be inconsistent with Fed.R.Civ.P. 55, which states that if a party against

whom judgment for a form of relief is sought has failed to plead or otherwise defend and the failure is shown by affidavit or

otherwise, the clerk must enter the party's default. With respect to LR Civ 55, if the defaulted party does not claim the

certified or registered mail, then a copy of the return receipt cannot be appended to the certification and it will be difficult to

meet the requirements of the rule. Finally, even if a default is obtained using this procedure and the defaulted party still

has not appeared, the procedure must be repeated yet again if a defau/tjudgment is sought. Consequently, under LR Civ

55, even if the party has not appeared, the party must be notified before a default can be obtained and once again before

a default judgment can be obtained, each time by regular mail and certified or registered mail; and in each case the return

receipt must be appended. In my experience, LR Civ 55 causes both confusion and unnecessary delay.

Should you have any questions, I would be happy to address them.

Best regards.

John

John A. Tarantino

Adler Pollock & Sheehan P.C.

One Citizens Plaza, 8th Floor

Providence, RI 02903

David,

As I explained to you during our recent telephone conversation, I suggest that the Local Rules Committee consider

adding a rule to deal with the filing of supplemental authority, and address situations where relevant authority becomes

available that was not available at the time the parties submitted their memoranda or even after oral argument has

taken place, but where the matter is still sub judice. The Rules of Appellate Procedure deal with this issue in Federal

Rule of Appellate Procedure 28(j). I suggest that we have a similar rule in our district court so that the parties can bring

to the attention of the court relevant authority that was not available at the time of briefing, oral argument or both, but

to also make it clear that what is intended is that the court be provided with the authority as well as a short, non

argumentative explanation of the relevance of the supplemental authority to a position stated in a party's

memorandum or to a point made during oral argument, again similar to what is provided in Rule 28 (j).

Should you have any questions, please let me know.

Best Regards,

John

John A. Tarantino

Adler Pollock & Sheehan P.C.

One Citizens Plaza, 8th Floor

RI 02903

Providen

ADLER POLLCJ~K ®_sliEEHAN I~C.

One Citizens Plaza, 8th floor

Providence, RI 02903·1345

Telephone 401·274·7200

Fax 401·751-0604 / 351-4607

17 5 Federal Street

Boston, MA 02110·2210

Telephone 617-482·0600

fax 61 H82·0604

February 28, 2011

www.apslaw.com

Via E-Mail

Local Rules@rid. uscourts.gov

Clerk's Office

Attn: Local Rules

United States District Court

One Exchange Terrace

Providence, RI 02903

Re:

LR CV 69- Writs of Execution

Dear Clerk of Court:

I am writing to suggest that LR CV 69 entitled "Writs ofExecution" be amended to delete

Section (b). First, the procedure in (b) is not required by Federal Rule of Civil Procedure 69.

FRCP 69 states, in part, that "The procedure on execution - and in proceedings supplementary to

and in aid of judgment or execution- must accord with the procedure of the state where the court

is located, but a federal statute governs to the extent it applies." There is no similar procedure

under the state rules of civil procedure requiring an affidavit described in Section (b). On the

state side, once a judgment issues, upon request and payment of a fee, the Superior Court clerk

issues the writ of execution for service on the judgment defendant.

Second, the requirement in Section (b) is superfluous. The amount due on the judgment is

identified in the judgment entered by the Court as calculated by the prevailing party. The

demand for payment and efforts to recover the judgment, in the first instance, are generally done

by service of the writ of execution. The requirement for an affidavit is inconsistent with FRCP

69 and creates an unnecessary step in the collection process. Accordingly, I would suggest that

Section (b) be deleted in its entirety.

If you have any questions, please contact me. Thank you for your consideration.

~·K_ &i.r

PATRICIA K. ROCHA

PKR:dh

cc:

David DiMarzio (via e-mail)

Paulette Dube (via e-mail)

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United States District Court

for the District of Rhode Island

PROPOSED AMENDMENTS TO LOCAL RULES

General/Attorney Rules

Rule

Suggestion Received*

Number

LR Gen

106

LR Gen 106 REFERRALS TO AND

FROM OTHER DISTRICTS

*****

Trials and Other Proceedings. Conferences and

hearings may be held in either district. Jury trials

shall be held in the district where the case

originates unless all parties agree otherwise.

(c)

LR Gen

109

LR Gen 109 BANKRUPTCY

*****

(f)

Subcommittee Recommendation

The General Rules Subcommittee

endorses the proposed change and

recommends adoption by the Court.

The General Rules Subcommittee

endorses the proposed change and

recommends adoption by the Court.

Appeals to District Court

*****

(1)

Notice of Appeal. When a notice of appeal is

filed with the bankruptcy clerk, the bankruptcy

clerk shall, forthwith, transmit a copy of the

notice of appeal to the District Court clerk,

together with a copy of the judgment, order or

decree that is the subject of the appeal and the

Appeal Cover Sheet. The District Court clerk,

thereupon, shall treat the matter administratively

as a newly filed case, but in accordance with

Interim Bankruptcy Rule 8001(f)(2), the matter

shall not be deemed “pending” in this Court until

the record has been transmitted and docketed.

(2)

Motion for Leave to Appeal. When a motion

for leave to appeal is filed with the bankruptcy

clerk, the bankruptcy clerk shall, forthwith,

transmit a copy of the motion to the District

Court clerk, together with copies of the notice of

appeal, the judgment, order or decree that is the

subject of the proposed appeal, and any

memorandum of counsel submitted in support of

or in opposition to the motion. The District

Court clerk, thereupon, shall treat the matter

* Unless otherwise indicated, the suggestion was made by the Court.

Full Committee Action

Court

Action

PROPOSED CHANGE

ACCEPTED

COURT

APPROVED

CHANGE

PROPOSED CHANGE

ACCEPTED

COURT

APPROVED

CHANGE

General/Attorney Rules

Rule

Suggestion Received*

Number

Subcommittee Recommendation

administratively as a newly filed case, but in

accordance with Interim Bankruptcy Rule

8001(f)(2), the matter shall not be deemed

“pending” in this Court until leave to appeal has

been granted.

(3)

Requests for Certification. Any request by a

party for the certification of an appeal directly to

the Court of Appeals filed in the District Court

pursuant to 28 U.S.C. 158(d)(2) and Interim

Bankruptcy Rule 8001(f) shall be in the form of

a motion complying with LR Cv 7.

*****

(5)

Dismissal of Appeals by Bankruptcy Judge.

A bankruptcy judge may dismiss an appeal if:

*****

(B)

the appellant has failed to file a

designation of the record or a statement

of the issues within the time specified in

Bankruptcy Rule 8006 or any extension

thereof; or

*****

* Unless otherwise indicated, the suggestion was made by the Court.

Full Committee Action

Court

Action

General/Attorney Rules

Rule

Suggestion Received*

Number

LR Gen

209

LR Gen 209

BASIS FOR DISCIPLINARY ACTION

*****

(c)

Subcommittee Recommendation

The General Rules Subcommittee

endorses the proposed change and

recommends adoption by the Court.

Misconduct. Misconduct for which an attorney

may be disciplined pursuant to this Rule 209 may

include:

(a)(1) Violation of the Standards of Professional

Conduct referred to in LR Gen 208;

(b)(2) Intentional violation of these Local Rules or

any order of this Court;

(c)(3) Failure to promptly provide the notifications

required by LR Gen 203(b)(1)(B) and/or (C);

(d)(4) Conduct which resulted in suspension,

disbarment or any other disciplinary action

taken against the attorney by any other court or

disciplinary body having disciplinary authority

over attorneys; and/or

(e)(5) Conviction of a crime.

* Unless otherwise indicated, the suggestion was made by the Court.

Full Committee Action

Court

Action

PROPOSED CHANGE

ACCEPTED

COURT

APPROVED

CHANGE

General/Attorney Rules

Rule

Suggestion Received*

Number

LR Gen

210

LR Gen 210

DISCIPLINARY PROCEEDINGS

*****

Commencement of Formal Proceedings.

(c)

(3)

Subcommittee Recommendation

The General Rules Subcommittee

endorses the proposed change and

recommends adoption by the Court.

*****

The attorney shall file a written response to the

show cause order and the allegations of

misconduct contained therein within fourteen

(14) days after service from the date of the

order. If any issue of fact is raised in the

response or if the attorney wishes to be heard in

mitigation, the Court shall set the matter for

hearing in accordance with subsection (d) of

this Rule.

*****

(d)

Hearing

(1)

Forum.

*****

from the date of the order, the attorney

and/or any special prosecutor appointed by

the Court may serve and file written

objections to the report. Failure to file an

objection within the fourteen-day period

shall be deemed a waiver of any objection.

Those portions of the magistrate judge’s

findings and recommendations to which

objection is made shall be reviewed by the

Court de novo based on the record compiled

before the magistrate judge. The Court may

accept, reject, or modify, in whole or in part,

the findings or recommendations made by

the magistrate judge or it may receive

further evidence or recommit the matter to

the magistrate judge with instructions.

*****

* Unless otherwise indicated, the suggestion was made by the Court.

Full Committee Action

Court

Action

PROPOSED CHANGE

ACCEPTED

COURT

APPROVED

CHANGE

General/Attorney Rules

Rule

Suggestion Received*

Number

LR Gen

213

LR Gen 213

(a)

CRIMINAL CONVICTIONS

Criminal Convictions

(1)

Summary Suspension. The Court shall enter an

order immediately suspending an attorney who

is a member of the Bar of this Court or who is

admitted to practice pro hac vice from practicing

before this Court upon receipt of:

Subcommittee Recommendation

Full Committee Action

Court

Action

Due to time considerations, this suggested

amendment was not referred to the

General Rules Subcommittee, but was

considered by the full LRRC at the June 1,

2011 meeting.

PROPOSED CHANGE

ACCEPTED

COURT

APPROVED

CHANGE

(A) An official record of a finding of guilt or the

return of a guilty verdict as to a serious crime,

as hereinafter defined, or the entry of a plea of

guilty or nolo contendere to , a serious such

crime, as hereinafter defined, in any court of

the United States, the District of Columbia,

any state, territory, commonwealth or

possession of the United States, or;

(B) A certified copy of a judgment showing

conviction of a serious crime, as hereinafter

defined, in any court of the United States, the

District of Columbia, any state, territory,

commonwealth or possession of the United

States.

A copy of such order shall immediately be

served upon the attorney as provided in LR

Gen 210(c)(2). Upon good cause shown, the

Court may set aside such order when it

appears in the interest of justice to do so.

(2)

Disciplinary proceeding. In addition to

suspending the attorney, the Court shall issue a

show cause order as provided in LR Gen 210(c),

provided, however, that a disciplinary

proceeding so instituted shall not be brought to

final hearing until all appeals from the

conviction are concluded.

An official record showing the entry of the

finding of guilt, the return of a guilty verdict, or

a plea of guilty or nolo contendere, or a certified

* Unless otherwise indicated, the suggestion was made by the Court.

General/Attorney Rules

Rule

Suggestion Received*

Number

Subcommittee Recommendation

Full Committee Action

Court

Action

PROPOSED CHANGE

ACCEPTED

COURT

APPROVED

CHANGE

copy of a judgment of conviction of an attorney

for any crime shall be conclusive evidence of the

commission of that crime in any disciplinary

proceeding instituted against that attorney based

upon the conviction.

*****

LR Gen

214

LR Gen 214 ACTION TAKEN BY OTHER

COURTS OR DISCIPLINARY AGENCIES

(a)

The General Rules Subcommittee

endorses the proposed change and

recommends adoption by the Court.

Show Cause Order. When a certified copy of a

judgment or order is filed with this Court showing

that an attorney who is a member of the Bar of this

Court or who is admitted to practice before this

Court pro hac vice has been disciplined or found

incapacitated to practice by any other court of the

United States, the District of Columbia, any state,

territory, commonwealth or possession of the

United States or by any agency having disciplinary

authority over attorneys, whether by reason of

misconduct, mental infirmity or addiction to drugs

or intoxicants, this Court shall, forthwith:

(1)

provide the attorney with a copy of the

judgment or order; and

(2)

issue an order directing the attorney to

show cause, within fourteen (14) days

after service from the date of the order,

why this Court should not impose the

identical discipline and/or make a similar

finding of incapacity.

In the event the action imposed in the other

jurisdiction has been stayed there, any reciprocal

action taken by this Court shall be deferred until

such stay expires.

*****

* Unless otherwise indicated, the suggestion was made by the Court.

Civil Rules

Rule

Number

Subcommittee Recommendation

Full Committee Action

Court Action

The Civil Rules Subcommittee endorses the

proposed change and recommends adoption

by the Court.

PROPOSED CHANGE

ACCEPTED

COURT APPROVED

CHANGE

The Civil Rules Subcommittee endorses the

proposed change and recommends adoption

by the Court.

PROPOSED CHANGE

ACCEPTED

COURT APPROVED

CHANGE

Suggestion Received*

LR Cv 5

FORM AND FILING OF

DOCUMENTS

*****

(b)

Civil Cover Sheet. Counsel Any person

filing a complaint in a civil case or any

other document that requires a file to be

opened shall contemporaneously file a

completed AO Form JS-44 Civil Cover

Sheet describing the type of case and

identifying any related case previously

filed or pending in this Court. The Clerk

may reclassify a case if the cover sheet

does not accurately describe its type.

Cover sheets shall be provided by the

Clerk upon request.

*****

LR Cv 5.1

SERVICE AND PROOF OF

SERVICE

*****

(b)

Private Process Servers.

(2) To be considered for appointment, an

applicant shall file an affidavit application

setting forth the applicant’s age, citizenship,

criminal record (if any), and relevant

experience and qualifications for the service

of process. The application shall be on a

form provided by the Clerk. In order to be

appointed, an applicant must demonstrate:

(A) sufficient knowledge and/or other

experience to perform the duties

required by law; and

(B) sufficiently good character to

discharge the duties of a process

server.

* Unless otherwise indicated, the suggestion was made by the Court.

Civil Rules

Rule

Number

Subcommittee Recommendation

Full Committee Action

Court Action

N/A

After conferring by email, the

LRRC unanimously agreed that

LR Cv 24 should be eliminated.

COURT APPROVED

CHANGE

The Civil Rules Subcommittee proposed the

following revision to the amendment that the

Court tabled after the 2009-10 cycle:

After debate over the Civil

Rules Subcommittee’s

proposal, the LRRC decided to

approve the following revision:

COURT APPROVED

CHANGE

Suggestion Received*

*****

(4) Appointments will be made on an annual

basis for the period of July1 through

June 30 may be renewed annually upon

the filing of an affidavit stating that all

information in the original affidavit and

application is correct, together with a

bond in the required amount.

*****

LR Cv 24

On September 12, 2011, the Court issued an

Administrative Order suspending LR Cv 24. The

Court suspended LR Cv 24 due to a conflict

between the Local Rule and Fed. R. Civ. P. 5.1(a)

regarding the notice and service requirements

relating to constitutional challenges to federal or

state statutes.

In addition to suspending the rule, the Court also

suggested that the LRRC consider eliminating LR

Cv 24 from the Court’s Local Rules.

LR Cv 26

In the 2009-2010 review cycle, the LRRC

recommended a new section to LR Cv26. The

section would have allowed counsel to serve

requests for admissions “at any time prior to

trial.” The Judges tabled this new

recommendation, and asked the LRRC to

consider adding a definite time period to the

suggested amendment before resubmitting it.

(d) Unless the Court orders otherwise,

requests for admission may be served at any

time prior to trial. The pendency of

outstanding requests for admission shall not

be a basis for continuance of the trial date.

* Unless otherwise indicated, the suggestion was made by the Court.

(d) Requests for admission

may be served following the

discovery closure date with

leave of court, upon motion

which includes the proposed

requests.

Civil Rules

Rule

Number

LR Cv 55

Suggestion Received*

Subcommittee Recommendation

Full Committee Action

Court Action

Attorney John Tarantino submitted a comment

asking that the requirement in LR Cv 55 directing

counsel to serve, with return receipt, motions for

entry of default and motions for default judgment

be removed from the rule.

The Civil Rules Subcommittee considered

Mr. Tarantino’s request, and opted to revise

the rule as follows:

PROPOSED CHANGE

ACCEPTED

COURT DECLINED

TO ACCEPT

PROPOSED

CHANGE.

A motion for entry of default or entry of a

default judgment made against a party not

represented by counsel shall be accompanied by

a certification that:

(a)

Notice of the motion was given to the

party against whom a default or default

judgment is sought by both regular

mail, postage prepaid, and by certified

or registered mail, return receipt

requested. A copy of the return receipt

shall be appended to the certification;

Default: The Clerk shall enter a default

upon an application by the plaintiff that

conforms to the requirements of Fed. R.

Civ. P. 55(a)

(b)

To the best of the movant’s knowledge,

the address set forth in such

certification is the last known address

of that party; and Default Judgment:

Not less than 14 days after filing of a

motion for entry of default judgment

made against a party not represented by

counsel, the moving plaintiff shall file

with the Court a certification that:

(c)(1) The party against whom a

default or default judgment is sought is

not in the military service of the United

States as defined in the Soldiers’ and

Sailors’ Civil Relief Act of 1940, as

amended.; and

(2)

Notice of the motion was

* Unless otherwise indicated, the suggestion was made by the Court.

Civil Rules

Rule

Number

Subcommittee Recommendation

Suggestion Received*

Full Committee Action

Court Action

PROPOSED CHANGE

ACCEPTED

COURT APPROVED

CHANGE

served on the party against whom the

judgment is sought by first class mail

and certified mail, return receipt

requested, at the address where the

party was served with process, and the

party’s last known address, if different.

The certification shall include the

return receipt, or, if unavailable, a

statement of the measures taken to

attempt service and verify receipt by

the defaulted party.

LR Cv 67

LR Cv 67 PARTIES' FUNDS DEPOSITED

WITH CLERK OF COURT

*****

(c)

The Civil Rules Subcommittee endorses the

proposed change and recommends adoption

by the Court.

Deduction of Court Fees. Any order

obtained by a party that directs the Clerk

to invest in an interest-bearing account

or investment funds deposited in the

Registry of the Court shall contain

wording which directs the Clerk,

pursuant to 28 U.S.C. § 1914(b), to

deduct a fee in accordance with the

schedule set by the Judicial Conference

of the United States from the income

earned on the funds deposited or

invested a fee in the amount of ten

percent (10%) of the income earned,

whenever such income becomes

available for such deduction, and

without further order of the Court. Such

a provision shall be included in the order

regardless of the nature of the case in

which the deposit was made.

* Unless otherwise indicated, the suggestion was made by the Court.

Civil Rules

Rule

Number

LR Cv 69

Suggestion Received*

Subcommittee Recommendation

Attorney Pat Rocha submitted a comment

suggesting that section (b) of the rule be deleted

because: (1) the procedure outlined in LR Cv

69(b) is not required under state law (as required

by Fed. R. Civ. P. 69); and (2) the requirement of

an affidavit creates an unnecessary and

superfluous step in the collection process.

The Civil Rules Subcommittee accepted the

suggestion and modified the rule as follows:

LR Cv 69

WRITS OF EXECUTION

*****

(b)

(c)(b)

Requests for Writ of Execution. A

request for a writ of execution shall be

accompanied by an affidavit that states:

(1)

the amount due on the

judgment and an explanation

of how that amount has been

calculated;

(2)

that a demand for payment has

been made and refused; and

(3)

what efforts have been made

to recover the judgment.

Return of Execution.

*****

* Unless otherwise indicated, the suggestion was made by the Court.

Full Committee Action

PROPOSED CHANGE

ACCEPTED

Court Action

INITIALLY, COURT

APPROVED

CHANGE, BUT UPON

RECEIPT OF A

PUBLIC COMMENT,

THE COURT

REVOKED ITS

APPROVAL OF THE

LRRC’S

RECOMMENDATION

AND WILL REFER IT

BACK TO THE LRRC

FOR FURTHER

CONSIDERATION.

Civil Rules

Rule

Number

LR Cv 72

Suggestion Received*

Subcommittee Recommendation

LR Cv 72 AUTHORITY OF

MAGISTRATE JUDGES IN CIVIL CASES

The Civil Rules Subcommittee endorses the

proposed change and recommends adoption

by the Court.

*****

(c)

Appeals from Rulings on

Nondispositive Matters.

(1)

Time for Appeal; Failure to File.

Any appeal from an order or other

ruling by a magistrate judge in a

nondispositive matter shall be filed

and served within fourteen (14) days

after such order or ruling is served on

the appellant. The appellant shall also

order a transcript of any evidentiary

hearing(s) before the magistrate judge

within the same 14-day period.

Failure to file specific objections and

order the transcript in a timely manner

constitutes waiver of the right to

review by the district judge and the

right to appeal the Court’s decision.

(2)

Content of Appeal. Any such appeal

shall consist of a notice of appeal

setting forth the basis for the appeal,

and a memorandum of law which

complies with LR Cv 7, and a

transcript of any evidentiary hearing(s)

before the magistrate judge and/or any

statements by the magistrate judge of

the reasons for the order or ruling.

*****

(d)

Objections to Reports and

Recommendations.

(1)

Time for Objections; Failure to File.

Any objection to a Report and

Recommendation by a magistrate

* Unless otherwise indicated, the suggestion was made by the Court.

Full Committee Action

PROPOSED CHANGE

ACCEPTED

Court Action

COURT APPROVED

CHANGE

Civil Rules

Rule

Number

Subcommittee Recommendation

Full Committee Action

Court Action

The Civil Rules Subcommittee considered the

proposal, but declined to recommend a

change.

The Full Committee accepted

the subcommittee’s

recommendation.

N/A

The Civil Rules Subcommittee considered the

comments, but declined to recommend any

changes.

The Full Committee accepted

the subcommittee’s

recommendation.

Suggestion Received*

judge shall be filed and served within

fourteen (14) days after such Report

and Recommendation is served on the

objecting party. The objecting party

shall also order a transcript of any

evidentiary hearing(s) before the

magistrate judge within the same 14day period. Failure to file specific

objections and order the transcript in a

timely manner constitutes waiver of

the right to review by the district judge

and the right to appeal the Court’s

decision.

(2)

Content of Objections. An objection

to a magistrate judge’s Report and

Recommendation shall be

accompanied by a memorandum of

law specifying the findings and/or

recommendations to which objection

is made, and the basis for the

objection, and a transcript of any

evidentiary hearing(s) before the

magistrate judge. The memorandum

shall comply with LR Cv 7.

*****

Attorney John Tarantino submitted a change

suggesting that the LRRC consider an

amendment allowing for the submission of

supplemental authority similar to Fed. R. App.

Proc. 28(j).

The LRRC also received four comments from

Ms. Carol Pisani of Johnston, Rhode Island

suggesting various changes to the Local Rules.

Copies of the comments are attached to this

document.

* Unless otherwise indicated, the suggestion was made by the Court.

N/A

Criminal Rules

Rule

Number

LR Cr

32(a)

Suggestion Received*

Subcommittee Recommendation

Full Committee Action

Court

Action

LR Cr 32 SENTENCING AND

PRESENTENCE REPORTS

The Criminal Rules Subcommittee endorses

the proposed change and recommends

adoption by the Court.

PROPOSED CHANGE ACCEPTED

COURT

APPROVED

CHANGE

The Criminal Rules Subcommittee endorses

the proposed change and recommends

adoption by the Court.

PROPOSED CHANGE ACCEPTED

COURT

APPROVED

CHANGE

(a)

Sentences Outside of the Guideline

Range. Any request for a sentence

outside of the applicable guideline range

shall be made by a motion filed and

served at least eleven (11) days prior to

the date scheduled for sentencing and

shall be accompanied by a memorandum

setting forth the factual and legal grounds

for the request.

(b)(a)

Sentencing Witnesses; Expert Report.

*****

(c)(b)

Presentence Investigative Report.

*****

LR Cr

57.1

LR Cr 57.1 APPLICATIONS FOR POSTCONVICTION RELIEF

(a)

Form. Any pro se petition* for postconviction relief filed pursuant to 28 U.S.C. §

2254 or 28 U.S.C. § 2255 shall be on a form

provided by the Clerk’s Office. The Clerk

shall make the form available upon request

and without charge.

*In this context, “petition” refers to both petitions

for relief under §2254 and motions to vacate, set

aside, or correct a sentence under § 2255; and

“petitioner” refers to both petitioners seeking relief

under §2254, and movants seeking to vacate, set

aside, or correct a sentence under §2255.

* Unless otherwise indicated, the suggestion was made by the Court.

Criminal Rules

Rule

Number

LR Cr

57.2

Suggestion Received*

Subcommittee Recommendation

Full Committee Action

Court

Action

LR Cr 57.2 AUTHORITY OF

MAGISTRATE JUDGES IN CRIMINAL

CASES

*****

Matters.

The Criminal Rules Subcommittee endorses

the proposed change and recommends

adoption by the Court.

PROPOSED CHANGE ACCEPTED

COURT

APPROVED

CHANGE

(1) Time for Appeal. Any appeal from an

order or other ruling by a magistrate judge

in a nondispositive matter shall be filed

and served within fourteen (14) days after

such order or ruling is served on the

appellant. The appellant shall also order a

transcript of any evidentiary hearing(s)

before the magistrate judge within the

same 14-day period.

(2) Content of Appeal. Any such appeal

shall consist of a notice of appeal setting

forth the basis for the appeal, and a

memorandum of law which complies with

LR Cr 47, and a transcript of any

evidentiary hearing(s) before the

magistrate judge and/or any statements by

the magistrate judge of the reasons for the

order or ruling.

*****

(d) Objections to Reports and

Recommendations.

(1) Time for Objections. Any objection to a

Report and Recommendation by a

magistrate judge shall be filed and served

within fourteen (14) days after such

Report and Recommendation is served on

the objecting party. The objecting party

shall also order a transcript of any

evidentiary hearing(s) before the

* Unless otherwise indicated, the suggestion was made by the Court.

Criminal Rules

Rule

Number

Suggestion Received*

Subcommittee Recommendation

magistrate judge within the same 14-day

period.

(2) Content of Objections. An objection to

a magistrate judge’s Report and

Recommendation shall be accompanied

by a memorandum of law specifying the

findings and/or recommendations to

which objection is made, and the basis for

the objection, and a transcript of any

evidentiary hearing(s) before the

magistrate judge. The memorandum shall

comply with LR Cr 47.

*****

* Unless otherwise indicated, the suggestion was made by the Court.

Full Committee Action

Court

Action

Other Comments/Changes

Suggestion Received*

Rule

Number

The Court proposed to restyle all numerical

references as Arabic numbers only. For example,

all references to “twenty-one days” or “twentyone (21) days” would be restyled as “21 days.”