LOCAL RULES OF PRACTICE

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CIVIL

LOCAL RULES OF PRACTICE

UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH DAKOTA

2/28/2025

Table of Contents

District Judges................................................................................................ v

Magistrate Judges: ......................................................................................... vi

Clerk ............................................................................................................. 6

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

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

LR 1.1 SCOPE OF THE RULES ........................................................................ 1

Citation Form ............................................................................... 1

Scope and Effective Date .............................................................. 1

Relationship to Prior Rules; Actions Pending on Effective Date ...... 2

LR 5.1 SERVING AND FILING PLEADINGS AND OTHER PAPERS INCLUDING

HIGHLY SENSITIVE DOCUMENTS......................................................... 2

A. What constitutes filing/official record............................................. 2

B. What constitutes an electronic signature. ...................................... 2

C. Duty to protect login and password. ............................................... 2

D. Documents requiring the signature of more than one party............ 2

E. Restricted Hyperlinks..................................................................... 3

F. Filing Documents outside of CM/ECF. ........................................... 3

LR 5.2 PRIVACY PROTECTION FOR FILINGS MADE WITH THE COURT .......... 5

LR 7.1 MOTIONS............................................................................................. 5

Motions to Seal ............................................................................ 5

Required Written Brief .................................................................. 6

Oral Argument ............................................................................. 6

LR 7.1.1 DISCLOSURE STATEMENT ............................................................... 6

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

Caption ........................................................................................ 6

Signature Block............................................................................ 7

LR 12.1 EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND ........ 7

LR 15.1 MOTIONS TO AMEND OR SUPPLEMENT PLEADINGS ........................ 7

LR 16.1 SCHEDULING CONFERENCES .......................................................... 7

LR 26.1 FILING OF DISCOVERY MATERIALS .................................................. 8

LR 26.2 MEETING OF PARTIES....................................................................... 9

LR 28.1 INDEPENDENCE OF COURT REPORTERS ......................................... 9

LR 29.1 STIPULATIONS MADE IN OPEN COURT OR WRITING ........................ 9

LR 37.1 CONDITIONS FOR DISCOVERY MOTIONS ....................................... 10

LR 39.1 TRIALS............................................................................................. 10

Opening Statements in Jury Trials ............................................. 10

Number of Attorneys .................................................................. 10

Motions During Trial .................................................................. 10

LR 39.2 WITNESS LIST…………………………………………………………………… 10

LR 40.1 CONTINUANCES .............................................................................. 10

Court Approval Required. ........................................................... 10

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When Witness Is Absent ............................................................. 11

LR 43.1 EXHIBITS ........................................................................................ 11

Marking of Exhibits. ................................................................... 11

Electronically Filing Documentary Exhibits ................................ 11

Physical Exhibits ........................................................................ 11

Exhibits Necessary for Appeal..................................................... 12

LR 47.2 RESTRICTION ON PHOTOGRAPHING OR INTERVIEWING JURORS . 12

Photographing Jurors ................................................................. 12

Interviewing Jurors .................................................................... 12

LR 51.1 JURY INSTRUCTIONS ...................................................................... 12

Pretrial Filing of Instructions ...................................................... 12

Form of Instructions................................................................... 12

LR 53.1 ALTERNATIVE DISPUTE RESOLUTION ............................................ 13

LR 54.1 TAXATION OF COSTS ...................................................................... 13

A. Procedure .................................................................................... 13

Default Judgment........................................................................ 13

Attorney=s Fees ............................................................................ 13

LR 56.1 MOTION FOR SUMMARY JUDGMENT.............................................. 14

Moving Party=s Required Statement of Material Facts ................... 14

Opposing Party=s Required Statement of Material Facts ............... 14

Use of Documentary Evidence ..................................................... 14

Effect of Omission: Sanction ........................................................ 14

LR 58.1 APPELLATE JUDGMENTS, ORDERS, AND MANDATES .................... 14

LR 65.1 MOTIONS FOR PRELIMINARY AND PERMANENT INJUNCTION........ 14

LR 67.1 REGISTRY FUND ............................................................................. 14

LR 68.1 SETTLEMENT .................................................................................. 15

LR 72.1 MAGISTRATE JUDGE DUTIES ......................................................... 15

A. General Designation..................................................................... 15

B. Specific Designation..................................................................... 15

C. Consent Jurisdiction. .................................................................. 16

LR 83.1 RECORDING AND CELLULAR DEVICES .......................................... 16

LR 83.2 ATTORNEYS .................................................................................... 17

Bar of the Court ......................................................................... 17

Eligibility .................................................................................... 17

Procedure for Admission............................................................. 17

Oath of Admission ...................................................................... 18

Appearance of Attorney Pro Hac Vice .......................................... 18

Attorneys for the United States and Federal Public Defender ...... 18

Attorney Discipline ..................................................................... 20

Reinstatement of Disbarred and Suspended Attorneys ................ 21

Law Students ............................................................................. 21

LR 83.3 JURY DELIBERATIONS .................................................................... 23

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Availability During Deliberations ................................................ 23

Notification................................................................................. 23

Proceedings ................................................................................ 23

LR 83.4 FORM OF PAPERS ........................................................................... 24

LR 83.5 CLERK=S FEES................................................................................. 24

Filing Fees.................................................................................. 24

Miscellaneous Fees..................................................................... 24

Refusal to File by the Clerk......................................................... 24

LR 83.6 MARSHALS FEES ............................................................................ 25

Prepayment of Fees .................................................................... 25

USM Form 285 ........................................................................... 25

LR 83.7 WITHDRAWAL OF COUNSEL ........................................................... 25

In General .................................................................................. 25

Withdrawal with Substitution ..................................................... 25

Withdrawal Without Substitution ............................................... 25

LR 83.8 WRITS OF HABEAS CORPUS AND MOTIONS ................................... 25

Filing Requirements ................................................................... 25

In Forma Pauperis Certification .................................................. 26

Assignment of Judicial Officer .................................................... 26

LR 83.9 PROCEDURES IN SOCIAL SECURITY CASES ................................... 26

Direct Assignment of Cases to Magistrate Judge ......................... 26

Consent and Reassignment ........................................................ 26

Filing an Answer and the Administrative Record ......................... 26

Briefing ...................................................................................... 27

LR 83.10 COURT SECURITY OFFICER DUTIES............................................. 27

LR 83.11 ASSIGNMENT AND REFERRAL OF CASES………………………………27

LR 83.12 FORMER LAW CLERKS……………………………………………………….27

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UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH DAKOTA

District Judges:

Senior United States District Judge

400 South Phillips Avenue, Room

202

Sioux Falls, SD 57104

605-330-6640

Roberto A. Lange

Chief United States District Judge

225 S. Pierre Street, Room 413

Pierre, SD 57501

605-945-4610

400 South Phillips Avenue, Room 202

Sioux Falls, SD 57104

605-330-6670

Eric C. Schulte

United States District Judge

225 S. Pierre Street, Room 413

Pierre, SD 57501

605-945-4610

Charles B. Kornmann

United States District Judge

102 Fourth Avenue, SE, Room 408

Aberdeen, SD 57401

605-377-2600

Camela C. Theeler

United States District Judge

Andrew W. Bogue Federal Building

and United States Courthouse

515 Ninth Street, Room 318

Rapid City, SD 57701

605-399-6050

Lawrence L. Piersol

United States District Judge

400 South Phillips Avenue, Room 315

Sioux Falls, SD 57104

605-330-6640

Karen E. Schreier

United States District Judge

400 South Phillips Avenue, Room 233

Sioux Falls, SD 57104

605-330-6670

Jeffrey L. Viken

Senior United States District Judge

Andrew W. Bogue Federal Building

and United States Courthouse

515 Ninth Street, Room 318

Rapid City, SD 57701

605-399-6050

Charles B. Kornmann

Senior United States District Judge

102 Fourth Ave., SE, Room 408

Aberdeen, SD 57401

605-377-2600

Lawrence L. Piersol

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Magistrate Judges:

Veronica L. Duffy

United States Magistrate Judge

400 South Phillips Avenue, Room 119

Sioux Falls, SD 57104

605-330-6650

Mark A. Moreno

United States Magistrate Judge

225 S. Pierre Street, Room 419

Pierre, SD 57501

605-945-4620

Daneta Wollmann

United States Magistrate Judge

Andrew W. Bogue Federal Building and United States Courthouse

515 Ninth Street, Room 244

Rapid City, SD 57701

605-399-6030

Clerk:

Matthew W. Thelen

Clerk of Court

400 South Phillips Avenue, Room 128

Sioux Falls, SD 57104

605-330-6600

605-330-6601 (fax)

Divisional Office at Rapid City:

Andrew W. Bogue Federal Building

and United States Courthouse

515 Ninth Street, Room 302

Rapid City, SD 57701

605-399-6000

605-399-6001 (fax)

Divisional Office at Pierre:

225 S. Pierre Street, Room 405

Pierre, SD 57501

605-945-4600

605-945-4601 (fax)

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DIVISIONS OF DISTRICT OF SOUTH DAKOTA

The State of South Dakota constitutes one judicial district divided into four

divisions for purposes of case assignment. (28 U.S.C. ' 122).

(1) The NORTHERN DIVISION comprises the counties of Brown, Campbell,

Clark, Codington, Corson, Day, Deuel, Edmunds, Grant, Hamlin, McPherson,

Marshall, Roberts, Spink, and Walworth.

The place of holding court is Aberdeen.

(2) The SOUTHERN DIVISION comprises the counties of Aurora, Beadle,

Bon Homme, Brookings, Brule, Charles Mix, Clay, Davison, Douglas, Hanson,

Hutchinson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha, Moody,

Sanborn, Turner, Union, and Yankton.

The place of holding court is Sioux Falls.

(3) The CENTRAL DIVISION comprises the counties of Buffalo, Dewey,

Faulk, Gregory, Haakon, Hand, Hughes, Hyde, Jerauld, Jones, Lyman, Mellette,

Potter, Stanley, Sully, Todd, Tripp, and Ziebach.

The place of holding court is Pierre.

(4) The WESTERN DIVISION comprises the counties of Bennett,

Butte, Custer, Fall River, Harding, Jackson, Lawrence, Meade, Oglala Lakota,

Pennington and Perkins.

The place of holding court is Rapid City.

LOCAL RULE NUMBERING

These local rules have been numbered consistently with the Federal Rules of

Civil Procedure and the conventions of the United States Judicial Conference=s

Local Rule Project. Generally, the number of each of the local rules is dictated by

the number of the corresponding rule in the Federal Rules of Civil Procedure.

LR 1.1 SCOPE OF THE RULES

A. Citation Form. The local civil rules are to be cited as AD.S.D. Civ. LR

B. Scope and Effective Date. The local civil rules govern all civil proceedings in

the District of South Dakota to the extent they are not inconsistent with any

statute or law of the United States or any rule or order of the Supreme Court

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of the United States. These local civil rules become effective after the comment

period expires and upon the placement on court’s official website.

C. Relationship to Prior Rules; Actions Pending on Effective Date. These

rules supersede all previous rules promulgated by this court or any judge of

this court, other than standing orders. They govern all applicable civil

proceedings brought in this court after they take effect. They also apply to all

proceedings pending at the time they take effect, except to the extent that, in

the opinion of the court, the application thereof would not be feasible or would

work injustice, in which event the former rules will govern. Any judge may

establish and enforce standard operating procedures not in conflict with these

local rules or the Federal Rules of Civil Procedure.

LR 5.1 SERVING AND FILING PLEADINGS AND OTHER PAPERS

INCLUDING HIGHLY SENSITIVE DOCUMENTS

A. What constitutes filing/official record. Electronic transmission of a

document to the Electronic Filing System together with the transmission of a

Notice of Electronic Filing from the court constitutes filing of the document

for all purposes of the local rules of this court and the Federal Rules of Civil

Procedure and constitutes entry of the document on the docket kept by the

clerk of court under Fed. R. Civ. P. 58 and 79. When a document has been

filed electronically, the official record is the electronic document as stored by

the court and is deemed filed at the date and time stated on the Notice of

Electronic Filing from the court. The party filing the document is bound by

the document as filed.

B. What constitutes an electronic signature. In addition to the requirements

contained in Rule 5(d)(3)(C) of the Federal Rules of Civil Procedure, the name

of the filing user under whose login and password the documents are

submitted must be preceded by a “/s/” and typed in the space where the

signature would otherwise appear unless a facsimile of the filing user’s

signature appears in the signature block.

C. Duty to protect login and password. No filing user or other person may

knowingly permit a filing user’s login and password to be used by someone

other than an authorized agent of the filing user. If they learn that their

password has been compromised, they must immediately notify the clerk.

Attorneys may be subject to sanctions for failure to comply with this

provision.

D. Documents requiring the signature of more than one party. Documents

requiring signatures of more than one party may be electronically filed either

by (a) submitting a scanned document containing all necessary signatures;

or (b) in any other manner approved by the court. When filing documents that

require signatures from other parties, it is not permissible to insert a “/s/”

for another person’s signature.

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E. Restricted Hyperlinks. Because a website address within a court filing

becomes a hyperlink to the internet location upon filing in the CM/ECF

system, counsel must redact from any filed documents any website address

that directs the court to a website that contains pornography or personal

identifiers. After filing the redacted document, counsel must provide an

unredacted version to the clerk of court for filing under seal.

F. Filing Documents outside of CM/ECF. Highly sensitive documents may be

filed outside of the court’s Electronic Filing System.

1. Highly Sensitive Documents (HSDs). HSDs are documents that

contain highly sensitive non-public information that is likely to

be of interest to the intelligence service of a foreign

government and whose use or disclosure would likely cause

significant harm. HSDs may be filed in cases involving the following:

a. national security issues;

b. foreign sovereign interests;

c. cybersecurity or major infrastructure security;

d. ongoing intelligence-gathering operations;

e. safety of public officials or government interests;

f. non-public intellectual property and/or trade secrets of value to

the intelligence services of a foreign government;

g. documents that would give foreign competitors of U.S.

corporations a competitive advantage;

h. the reputational interests of the U.S. or any State, or local

government;

i. false claims or qui tam cases;

j. applications for production of stored electronic communications

under 18 U.S.C. § 2703; or

k. applications for electronic surveillance under 18 U.S.C. § 2518.

1. HSDs are rare. Any dispute as to whether a document is an HSD will

be resolved by the presiding judge or, when no presiding judge is

assigned, the Chief JudgeA highly Sensitive Document (HSD) is

a document or other material that contains sensitive, but unclassified,

information that warrants exceptional handling and storage procedures

to prevent significant consequences that could result if such information

were obtained or disclosed in an unauthorized way. Although frequently

related to law enforcement materials, especially sensitive information in

a civil case could also qualify for HSD treatment.

a. Examples of HSDs: Examples include ex parte sealed filings

related to: national security investigations, cyber investigations,

and especially sensitive public corruption investigations; and

documents containing a highly exploitable trade secret, financial

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information, or computer source code belonging to a private entity,

the disclosure of which could have significant national or

international repercussions.

b. Exclusions: Most materials currently filed under seal do not meet

the definition of HSD and do not merit the heightened protections

afforded to HSDs. The form or nature of the document, by itself,

does not determine whether HSD treatment is warranted. Instead,

the focus is on the severity of the consequences for the parties or

the public should the document be accessed without

authorization. Most presentence reports, pretrial release reports,

pleadings related to cooperation in criminal cases, social security

records, administrative immigration records, applications for

search warrants, interception of wire, oral, or electronic

communications under 18 U.S.C. § 2518, and applications for pen

registers, trap, and trace devices would not meet the HSD

definition.

Any dispute as to whether a document is an HSD will be resolved by

the presiding judge or, when no presiding judge is assigned, the Chief

Judge.

2. Motion Required. A represented or pro se party must file a motion to

treat a document as an HSD and a proposed order in the same manner

as a motion to file under seal pursuant to D.S.D. Civ. LR 7.1 A and Crim.

LR 47.1 B. The motion and proposed order must state the duration of the

HSD designation or whether the HSD designation should be permanent.

The motion must explain why the proposed document constitutes an HSD

under paragraph F.1 or why it should otherwise be filed without revealing

the highly sensitive information contained within the HSD.

a. The filing party must deliver to the clerk’s office where the

presiding judge is chambered two paper copies of the motion and

HSD sought to be filed along with a certificate of service. These

documents must be submitted in a sealed envelope marked

“HIGHLY SENSITIVE DOCUMENT” and marked with the

applicable case number, attorney’s name, street address,

telephone number, and email address. Upon receipt, the clerk’s

office will make an informational docket entry that a motion to

treat a document as HSD has been filed.

b. Unless being submitted as an ex parte filing, the filing party must

serve the proposed HSD on the other parties by any manner

specified in Civil Rule 5(b)(2), except for service via the court’s

Eelectronic Ffiling Ssystem.

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c. If the court grants the motion, an informational entry will be made

on the case docket indicating that the HSD has been filed with the

Court. The clerk’s office will maintain the HSD in a secure paper

filing system or a secure standalone computer system that is not

connected to any network.

3. Service of HSD Orders. The clerk’s office will serve paper copies of the

order on the parties via mail.

LR 5.2 PRIVACY PROTECTION FOR FILINGS MADE WITH THE COURT

A. Pursuant to the E-Government Act of 2002, parties must refrain from

including, or must partially redact where inclusion is necessary, the following

personal data identifiers from all pleadings and papers filed, including

exhibits thereto, unless otherwise ordered by the court:

1. Social Security numbers and Taxpayer Identification numbers. Only

the last four digits of these numbers may be used.

2. Name of an individual known to be a minor. Only the initials of the

minor may be used.

3. Dates of birth. Only the year may be used.

4. Financial account numbers. Only the last four digits of these numbers

may be used.

B. After filing a redacted document consistent with Fed R. Civ. P. 5.2, a party

may submit for filing under seal an unredacted copy of the document. Any

such filings must contain a cover sheet stating the following, ADocument filed

under seal pursuant to the E-Government Act.@

C. The responsibility for redacting personal identifiers rests solely with counsel

and the parties. The clerk of court will not review each filing for compliance

with this rule.

LR 7.1 MOTIONS

A. Motions to Seal. Any motion seeking the sealing of pleadings, motions,

exhibits, or other documents to be filed in the court record must include (a)

proposed reasons supported by specific factual representations to justify the

sealing and (b) an explanation why alternatives to sealing would not provide

sufficient protection. A motion to seal and the documents to which the motion

refers must be filed consistent with the CM/ECF User Manual and

Administrative Procedures found at www.sdd.uscourts.gov.

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B. Required Written Brief. With every opposed motion raising a question of law,

except oral motions made during a hearing or trial, the movant must serve

and file a brief containing the movant=s legal arguments, the authorities in

support thereof, and the Federal Rule of Civil Procedure on which the movant

relies. Motions in limine and supporting arguments and authorities may be

filed as one document. On or before 21 calendar days after service of a motion

and brief, unless otherwise specifically ordered by the court, all opposing

parties must serve and file a responsive brief containing opposing legal

arguments and authorities in support thereof. The movant may file a reply

brief within 14 calendar days after service of the responsive brief.

1. Page Limitation on Briefs. Briefs must not exceed 30 pages excluding

table of contents and/or authorities, certificate of service, if applicable,

and attachments unless prior approval has been obtained from the court.

2. Attachments. A party will submit as exhibits or attachments only those

excerpts of the referenced document that are directly germane to the

matter under consideration by the court. Excerpted material should be

clearly and prominently identified as such. Highlighting or underlining

relevant portions is encouraged. Parties who file excerpts of documents

as exhibits or attachments under this rule do so without prejudice to their

right to timely file additional excerpts. Responding parties may file

additional excerpts that they believe are directly germane. The court may

require parties to file additional excerpts or the complete document.

C. Oral Argument. Oral argument may be had only upon order of the court.

Requests for oral argument must be made by separate statement at the

conclusion of the motion or responsive brief, or by any party by a separate

document filed within 14 calendar days after the filing of the motion or

responsive brief.

LR 7.1.1 DISCLOSURE STATEMENT

Every non-government organizational party or intervenor in a civil case must file

either a Corporate Disclosure Statement (disclosure statement) or a Certificate

that Fed. R. Civ. P 7.1 is not applicable (certificate of non-applicability).

Information provided under this local rule may be used by the judge assigned to

a case to determine whether recusal is necessary or appropriate and to confirm

jurisdiction is proper. The disclosure statement or certificate of non-applicability

must be filed within fourteen (14) days of the party’s first pleading or entry of

appearance.

LR 10.1 IDENTIFICATION

A. Caption. A pleading or other paper presented for filing must begin with the

caption of the case, the title of the document, and the name of the party filing

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the document. All papers presented after the initial pleading must bear the

file number assigned to the case.

B. Signature Block. All papers must be signed and include the typed or printed

name, address, telephone number, and email address of the signer beneath

the signature. This information must not appear as a header or footer on each

page of the document, or as part of the caption of the case.

LR 12.1 EXTENSION OF TIME TO ANSWER

OR OTHERWISE RESPOND

Without the need for a motion, the parties may agree to an extension of time

to answer or otherwise respond to a complaint, counterclaim, or crossclaim, of

no more than 21 days from the initial deadline, by the requesting party filing a

notice of unopposed extension of time to answer or otherwise respond. The stated

extension of time to answer or otherwise respond will thereupon become effective,

unless otherwise ordered by the court.

LR 15.1 MOTIONS TO AMEND PLEADINGS

In addition to other requirements of these local civil rules, any party moving

to amend or supplement a pleading must attach a copy of the proposed amended

pleading to its motion to amend with the proposed changes highlighted or

underlined so that they may be easily identified. If the court grants the motion,

the moving party must file a clean original of the amended or supplemental

pleading within 7 days.

LR 16.1 SCHEDULING CONFERENCES

Pursuant to Fed. R. Civ. P 16(b), this court has determined that pretrial

conference procedures are inappropriate for certain types of cases and hereby

exempts the following:

Actions for review on an administrative record including bankruptcy

appeals and social security reviews;

Condemnation Actions;

Foreclosures;

Deportation Actions;

Equal Access to Justice/Fee Award Appeals;

Forfeiture and Statutory Penalty Actions;

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Freedom of Information Actions;

Government Collection Actions including actions to recover benefit

payments and actions to collect on a student loan guaranteed by the

United States;

Judgments/Actions to Enforce or Register;

10.

Petitions for habeas corpus or any other proceeding to challenge a

criminal conviction or sentence;

11.

Actions brought without an attorney by a person in the custody of the

United States, a state, or a state subdivision;

12.

Selective Service Actions;

13.

Proceedings ancillary to a proceeding in another court;

14.

Actions to enforce or quash a summons or subpoena of any kind;

15.

Actions to enforce an arbitration award.

The court may choose to exempt any case from the Fed. R. Civ. P.16 pretrial

conference procedure.

LR 26.1 FILING OF DISCOVERY MATERIALS

A. Pursuant to Fed. R. Civ. P. 5(d), depositions, interrogatories, requests for

documents, requests for admissions, and answers and responses thereto

must not be filed.

B. Fed. R. Civ. P. 26(a)(1) and (2) materials must not be filed unless otherwise

ordered by the court.

C. Any portions of discovery materials necessary for the disposition of any

motion filed (with relevant portions highlighted or underlined) must either be

attached as an exhibit to the party=s brief in support of such motion or

attached to the party=s affidavit filed with the brief.

D. If a party designates any or all of any deposition as evidence to be offered in

the trial of any case, such deposition must be filed at the same time as that

party=s designation consistent with D.S.D. Civ. LR 5.2.

E. Depositions used by a party only for the purpose of contradicting or

impeaching the testimony of a deponent as a witness, pursuant to Fed. R.

Civ. P. 32(a)(1), will not be filed unless otherwise ordered by the court.

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LR 26.2 MEETING OF PARTIES

Unless otherwise ordered by the court in a particular case, the provisions of

Fed. R. Civ. P. 26(f), requiring a meeting of and report from the parties, apply to

all civil actions in this court except cases exempted under D.S.D. Civ. LR 16.1.

LR 28.1 INDEPENDENCE OF COURT REPORTERS

The officer taking the deposition, or any other person with whom such officer

has a principal and agency relationship, will not enter into an agreement for

reporting service which does any of the following:

Requires or allows the court reporter reporting the deposition to

relinquish control of an original deposition transcript and copies of the

transcript before it is certified and delivered to the custodial attorney;

Requires the court reporter to provide special financial terms or other

services that are not offered at the same time and on the same terms to

all other parties in the litigation, or in any way offers any incentives or

rewards to the attorneys, parties to the litigation or to anyone else who

has an interest in the litigation;

Gives an exclusive monetary or other advantage to any party;

Compromises the authenticity of the record or the impartiality of the

court reporter or results in the appearance that the authenticity of the

record or the impartiality of the court reporter has been compromised;

Allows a person, other than the court reporter or reporting firm, to

establish the rates charged by the court reporting firm.

Contracts for court reporting services for federal, state, or local governments and

subdivisions thereof are excluded. Negotiating or bidding reasonable fees, equal

to all parties, with the court reporter on a case-by-case basis is not prohibited.

These provisions may not be waived by disclosure, agreement, stipulation, or by

any other means unless a request for waiver is contained in the notice of

deposition.

Any deposition taken in violation of these provisions will result in the court

imposing an appropriate sanction.

LR 29.1 STIPULATIONS MADE IN OPEN COURT OR WRITING

To be binding in a proceeding in this court, every stipulation, agreement, or

consent between or among parties or their attorneys must be made in open court

or reduced to writing and subscribed by the parties or their attorneys.

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Stipulations or agreements relating to changing the place of trial, continuing

cases to a later date, extending time to answer or otherwise plead (except as

provided in D.S.D. Civ. LR 12.1), or setting any matter for hearing are not binding

unless so ordered by the court.

LR 37.1 CONDITIONS FOR DISCOVERY MOTIONS

A party filing a motion concerning a discovery dispute must file a separate

certification describing the good faith efforts of the parties to resolve the dispute.

If the court schedules a hearing on the motion, at least 7 calendar days prior to

the hearing, or sooner as the court may require, the parties must file a statement

setting forth the matters upon which they have been unable to agree.

LR 39.1 TRIALS

A. Opening Statements in Jury Trials. After a jury has been sworn, the party

with the burden of proof may briefly, and without argument, make an opening

statement to the jury. Thereafter, the adverse party may briefly, and without

argument, make an opening statement to the jury.

B. Number of Attorneys. On the trial of any action only one attorney per party

will be permitted to examine or cross-examine each witness, and not more

than two attorneys per party may sum up the case to the jury, unless the

court otherwise orders.

C. Motions During Trial. The moving party will be heard first, followed by the

adverse party. The movant may reply. Thereafter, argument on the motion

will end unless the court allows further argument.

LR 39.2 WITNESS LIST

Unless otherwise ordered by the court, each party must file a sealed witness

list by noon on the last business day before a scheduled trial. It must include

the town/city and state of each witness.

LR 40.1 CONTINUANCES

A. Court Approval Required. A case will not be continued without an order of

the court. The parties may file a joint motion for a continuance explaining the

reasons for the requested continuance. If the parties disagree over whether

there should be a continuance, the party seeking a continuance must file a

motion and detail the factual basis on which a continuance is being sought.

If the continuance is sought because of the absence of a material witness, the

movant must file an affidavit showing that the party applying for the

continuance has exercised due diligence to secure the testimony of the

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witness, the name and city of residence of the witness, and the substance and

relevance of the anticipated testimony of the witness. A party opposing a

continuance must file a response no later than 7 days after the motion is

served. The moving party may file a reply no later than 3 days after the

response.

B. When Witness Is Absent. Unless, in the opinion of the court, justice requires,

a trial or evidentiary hearing will not be continued or postponed on account

of the absence of a witness.

LR 43.1 EXHIBITS

A. Marking of Exhibits. Exhibits in civil trials and hearings must be marked in

accordance with instructions from the court.

B. Electronically Filing Documentary Exhibits.

By the Clerk. At the conclusion of a trial or other court proceeding, the

Clerk of Court will electronically file all documentary exhibits offered

and/or received in CM/ECF. The exhibits electronically filed by the

Clerk will be restricted to court users and case participants. After filing,

the Clerk will return documentary exhibits to the offering party.

By the Parties. The parties will have twenty-one (21) days to review

their returned documentary exhibits to determine whether redactions

are required pursuant to D.S.D. Civ. LR 5.2.

Redactions required. If redactions are required, the offering party

must electronically file all of its documentary exhibits,

including redacted exhibits and exhibits that do not require

redaction in CM/ECF. This requirement does not apply to exhibits

that were sealed when offered and/or received.

Redactions not required. If no redactions are required, the Clerk

will remove the restrictions and enter a Notice of Unrestricting

Trial/Hearing Exhibits in CM/ECF.

Sealing. If a party moves to seal documentary exhibits after a

hearing or trial has concluded and the motion is granted, the

movant is responsible for refiling public exhibits.

C. Physical Exhibits. Physical exhibits, including recordings, will be returned

to the offering party at the conclusion of a trial or other proceeding for

retention and preservation. This includes all physical exhibits submitted to

the clerk even those not used at trial or in a hearing.

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Duty to Retain. When physical exhibits are returned, they must be

retained by the offering party, who will maintain and document the

chain of custody, and make the exhibits available to the court, if

necessary, and to other parties for use in preparing an appeal.

Duty to Preserve. Returned physical exhibits must be preserved in an

unaltered condition until at least 120 calendar days after the resolution

of any appeal to allow for the filing of a writ of certiorari under Rule 13

of the Rules of the Supreme Court of the United States. Before such

exhibits may be destroyed, the custodial party must seek and obtain a

court order authorizing destruction.

D. Exhibits Necessary for Appeal. Consistent with the Eighth Circuit’s local

rule on exhibits, the offering party is responsible for ensuring any non-public

exhibits or physical exhibits necessary for an appeal are submitted to the

appellate court.

LR 47.2 RESTRICTION ON PHOTOGRAPHING

OR INTERVIEWING JURORS

A. Photographing Jurors. In order to protect the integrity and independence of

jurors, no person may photograph or attempt to photograph any juror,

grand or petit, without the express approval of the individual juror or the

express approval of the presiding judge. No one other than a juror may

photograph or otherwise record his or her motor vehicle or motor vehicle

license. Leaflets or other juror information pamphlets may not be given to a

juror or placed in any place where a juror might reasonably be expected to

obtain the printed matter. Such action may constitute an unlawful attempt

to influence, intimidate, or impede a juror or witness, in violation of 18 U.S.C.

§ 1503 and 18 U.S.C. § 1510.

B. Interviewing Jurors. No one may contact any juror before or during the

juror’s service on a case. The parties, their lawyers and anybody acting on

their behalf must seek and obtain permission from the district judge who tried

the case before contacting a juror after the juror served on the case.

LR 51.1 JURY INSTRUCTIONS

A. Pretrial Filing of Instructions. Each party must file and serve all proposed

substantive jury instructions, including a Astatement of the case@ instruction

and Atheory of defense.@

B. Form of Instructions. All proposed jury instructions must identify the party

submitting the instruction and specifically cite the authority or authorities

upon which it is based.

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LR 53.1 ALTERNATIVE DISPUTE RESOLUTION

Parties are encouraged to use alternative dispute resolution procedures to

try to settle their cases without a trial. Magistrate judges are available as

mediators to facilitate alternative dispute resolution procedures.

LR 54.1 TAXATION OF COSTS

A. Procedure. Before costs may be taxed, the prevailing party entitled to recover

costs must file and serve a verified bill of costs within 28 calendar days after

entry of judgment or an order of dismissal. The party liable for costs may

within 14 calendar days thereafter file exceptions to the costs or any specific

item therein.

The clerk of court may then tax costs and, upon allowance, the costs will be

included in the judgment or decree. Upon motion of either party within 7

calendar days after the clerk taxes costs, the action of the clerk may be

reviewed by the court.

B. Default Judgment. In a default judgment case, the clerk of court may tax

costs as a matter of course without notice.

C. Attorney=s Fees. A party moving for attorney=s fees must file and serve a

motion and an affidavit setting out the time reasonably spent in the litigation

and any factual matters pertinent to the motion for attorney=s fees. The

motion must be filed no later than 28 calendar days after the entry of

judgment absent a showing of good cause. The respondent may file and serve

a response and counter affidavit controverting or asserting any factual

matters bearing on the award of attorney=s fees.

Objections to an allowance of attorney=s fees must be filed within 21 calendar

days after service on the party against whom the award of attorney=s fees is

sought. The movant may file a reply brief within 14 calendar days after service

of the responsive brief. The court will then determine the appropriate

attorney=s fees, if any, without further hearing, unless in the court’s opinion

a hearing is needed to resolve serious factual disputes between the parties.

On its own motion, the court may grant an allowance of reasonable attorney=s

fees to a prevailing party in appropriate cases.

The failure to move for an award of attorney=s fees within the prescribed time

may be considered by the court to be a waiver of any claim for attorney=s fees.

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LR 56.1 MOTION FOR SUMMARY JUDGMENT

A. Moving Party=s Required Statement of Material Facts. All motions for

summary judgment must be accompanied by a separate, short, and concise

statement of the material facts as to which the moving party contends there

is no genuine issue to be tried. Each material fact must be presented in a

separate numbered statement with an appropriate citation to the record in

the case.

B. Opposing Party=s Required Statement of Material Facts. A party opposing

a motion for summary judgment must respond to each numbered paragraph

in the moving party=s statement of material facts with a separately numbered

response and appropriate citations to the record. A party opposing a motion

for summary judgment must identify any material facts on which there exists

a genuine material issue to be tried.

C. Use of Documentary Evidence. A party must attach to an affidavit all

relevant documentary evidence in support of or in opposition to a motion for

summary judgment. The evidence should be submitted with proper

highlighting or underlining as encouraged by D.S.D. Civ. LR 7.1B2.

D. Effect of Omission: Sanction. All material facts set forth in the movant=s

statement of material facts will be deemed to be admitted unless controverted

by the opposing party=s response to the moving party=s statement of material

facts.

LR 58.1 APPELLATE JUDGMENTS, ORDERS, AND MANDATES

Upon receipt from an appellate court of a judgment or order affecting the

decision of the district court or a mandate, the clerk of court must forthwith file

and enter the same of record. In the event that the mandate provides for costs

or directs a disposition other than an affirmance, the prevailing party will timely

submit an order to this court in conformity with the appellate court’s ruling.

LR 65.1 MOTIONS FOR PRELIMINARY AND PERMANENT INJUNCTION

In all cases wherein a party seeks both a preliminary and permanent

injunction, the matters will be deemed consolidated for trial unless otherwise

specifically ordered by the court.

LR 67.1 REGISTRY FUND

Any party seeking an order of the court for the deposit of funds pursuant to

Fed. R. Civ. P. 67 must file a motion and a draft order and must serve the same

upon the clerk of court.

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LR 68.1 SETTLEMENT

The deadline for settling civil cases is 14 calendar days prior to the date set

for trial, unless otherwise ordered by the court. In any case settled after the

deadline, the court may impose sanctions including, but not limited to, the costs

of assembling and empaneling the jurors, on any or all of the parties or their

attorneys for violation of this rule.

LR 72.1 MAGISTRATE JUDGE DUTIES

A. General Designation. In every civil case, the court designates the magistrate

judge assigned to the case to perform the following duties authorized by 28

U.S.C. § 636:

Hear and determine any pretrial matter pending before the court,

except a motion: for injunctive relief, for judgment on the pleadings,

for summary judgment, to dismiss or to permit maintenance of a

class action, to dismiss for failure to state a claim upon which relief

can be granted, or to involuntarily dismiss an action.

Conduct hearings, including evidentiary hearings, and submit to the

district judge proposed findings and recommendation for the

disposition of:

(a)

dispositive pretrial matters such as motions for injunctive

relief, for judgment on the pleadings, for summary judgment,

to dismiss or to permit maintenance of a class action, to

dismiss for failure to state a claim upon which relief can be

granted, or to involuntarily dismiss an action;

(b)

applications for posttrial relief made by individuals convicted

of criminal offenses;

(c)

prisoner petitions challenging conditions of confinement; and

(d)

resolution of social security disability appeals.

Serve as a special master upon consent of the parties in civil cases.

B. Specific Designation. The district judge assigned to a case may specifically

designate a magistrate judge to perform any of the duties authorized by 28

U.S.C. § 636(b). In performing the designated duties, the magistrate judge

must conform to the Local Rules and the instructions of the district judge.

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C. Consent Jurisdiction.

In every case, upon consent of the parties, the court specifically

designates the assigned full-time magistrate judge under 28 U.S.C.

§ 636(c) to conduct the proceedings in a civil matter and to order the

entry of judgment.

To consent in all cases except social security cases, a party must

complete and mail the consent form found on the court’s website under

Forms AO Forms 85 Notice, Consent, and Reference of a Civil Action to

a Magistrate Judge to the clerk. The clerk will only file the form and

reassign the case if all parties have consented to the referral.

LR 83.1 RECORDING AND CELLULAR DEVICES

Except by permission of the presiding judge, no person will photograph,

videotape, televise, broadcast, or record, or cause to be photographed, videotaped,

televised, broadcast, or recorded any courtroom proceeding, including

proceedings of the grand jury. No person will take any photographic, videotape,

television, or sound recording equipment into (1) any courtroom except upon the

express permission of the presiding judge, or (2) any jury room, or (3) any corridor

on the floor on which a courtroom or jury room is located. This paragraph does

not apply to (1) the official court reporter who may use a voice-recording device

in connection with his or her official duties, or (2) the use of electronic means for

the presentation of evidence or the perpetuation of the record as authorized by

the court.

Cellular phones and electronic devices may be brought into courthouses in

the United States District Court for South Dakota unless the presiding judge

places restrictions on these devices. All cellular and electronic devices must be

turned off in the courtroom and any corridor on the floor on which a courtroom

or jury room is located unless specifically authorized by order of the court.

Cellular and electronic devices are devices capable of communicating,

transmitting, receiving, or recording messages, images, sounds, data, or other

information by any means, including but not limited to, a computer tablet, cell

phone, or Bluetooth device. Individuals who bring such devices into courtrooms

may be asked by court security personnel to demonstrate that the device is turned

off. Members of the Bar and employees of members of the Bar are exempt from

this provision.

Use of any camera or sound recording devices in a courtroom or any corridor

on the floor on which a courtroom or jury room is located is prohibited unless

specifically authorized by order of the court.

However, an electronic device that is essential to a person’s health or welfare

(such as an insulin pump) may remain on in the courtroom.

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News media personnel who possess recording devices will be allowed entry

into a court facility, provided the news media personnel are escorted through the

building by a representative of the tenant agency being visited. If no tenant

representative is available, entry with the recording devices will be denied. In

courthouses where jury and grand jury facilities are located contiguous to public

access corridors, news media personnel will not be allowed to possess recording

devices on the floors housing the jury and grand jury facilities during jury

deliberations or grand jury sessions.

Photographic, videotape, television, and sound recording devices are

permitted in courtrooms and in adjacent corridors for naturalization ceremonies,

investitures, attorney admissions, and other ceremonial functions unless

specifically prohibited by the court.

LR 83.2 ATTORNEYS

A. Bar of the Court. The bar of this court consists of those attorneys admitted

to practice before this court.

B. Eligibility. Any person of good moral character who is an active member of

the State Bar of South Dakota is eligible for admission to the bar of this court

as hereinafter provided.

C. Procedure for Admission. An attorney who is eligible to practice law as

provided in section B of this rule may apply for admission to the bar of this

court. The application sequence is as follows:

The applicant must complete an application for admission.

The applicant must consent to an inquiry concerning the applicant=s

fitness and qualifications for admission. Submission of a completed

application is consent and waiver of privacy regarding inquiry into the

applicant’s fitness and qualifications.

The clerk of court will make any inquiry that may be deemed necessary

to obtain information concerning the applicant=s fitness and

qualifications to practice law.

At least two active judges in this district must approve the application

before an applicant may be admitted. In the absence of two active

district judges, a senior judge may be the second approving judge.

The clerk of court will report to a district judge in the division in which

an application for admission is pending the approval or disapproval of

the active judges.

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When an application is approved or disapproved, the applicant will be

notified.

An applicant approved for admission will be contacted by the court to

schedule the applicant=s admission ceremony.

Within six months of being approved for admission, an applicant must

appear for an admission ceremony with a member of this bar who will

vouch for applicant=s legal qualifications, integrity, and good moral

character. Upon oral motion of a member of the bar, taking the

prescribed oath of admission, signing an oath of admission form, and

paying the required fee, the applicant will be admitted to the bar of this

court. Upon admission, the clerk of court will issue a certificate of

admission to the new bar member.

D. Oath of Admission. The following oath/affirmation will be administered to

an applicant for admission to the bar of this court:

I solemnly affirm that I will support and defend the Constitution of the

United States, that I will represent my clients conscientiously and

ethically, and that I will conduct myself uprightly and according to law in

all cases before this court.

E. Appearance of Attorney Pro Hac Vice. An attorney who is not a member of

the bar of this court, but who is a member in good standing of the bar of

another United States district court, may, upon motion and approval by this

court, participate in the conduct of a particular case. Such motion may be

allowed only if the applicant associates with a member in good standing of

the bar of this court as local counsel. Any prior or pending disciplinary actions

or actions resulting in sanctions against the attorney seeking admission pro

hac vice must be disclosed in the motion.

Local counsel must sign and file all documents and must continue in the case

unless another attorney admitted to practice before this court is substituted.

Local counsel must be present during all court proceedings (which include

telephone or video conference hearings) in connection with the case, unless

otherwise ordered, and must have full authority to act for and on behalf of

the client in all matters, including pretrial conferences, trial and any other

hearings.

F. Attorneys for the United States and Federal Public Defender.

Resident Attorneys.

Regular Admission. Except as provided elsewhere by this rule, an

attorney who resides within this district and represents the United

States government or any agency or instrumentality thereof or the

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Federal Public Defender=s Office must be admitted to the State Bar

of South Dakota before the attorney is permitted to practice

before this court.

Provisional Admission. An attorney who is a member of the bar

of another United States district court and has not yet been

admitted to the State Bar of South Dakota, but either is a:

(1) resident assistant United States attorney;

(2) resident attorney representing agencies or instrumentalities of

the United States government; or

(3) resident assistant federal public defender has 12 months from

the date of the attorney=s oath of office for the position in

South Dakota to be admitted to the State Bar of South Dakota.

(4) If an attorney is on a term fellowship with the United States or

the Federal Public Defender, that attorney may be admitted

provisionally to practice before this court for the period of that

fellowship.

During this period, the attorney may be admitted provisionally to practice

before this court.

The procedure for provisional admission follows the procedure for admission

outlined in Section C of this rule, except that resident attorneys provisionally

admitted will not pay the required fee until they are admitted to the State

Bar South Dakota, at which time the clerk of court will issue a certificate of

admission to the attorney.

Nonresident Attorneys.

The following nonresident attorneys may be admitted on the attorney’s

motion, without payment of fees, to practice in this court during the

pendency of the attorney’s employment, appointment, or designation if

the attorney is a member in good standing of the highest bar of any state

or the District of Columbia. An application for admission is not required.

An attorney designated as ASpecial Assistant United States

Attorney@ by the United States Attorney for the District of South

Dakota;

An attorney appointed by the Attorney General of the United States

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or employed by a federal agency with independent litigation

authority to represent the interests of the United States

government.

An attorney hired by the Federal Public Defender=s Office for the

District of South Dakota; or

An attorney employed by the Federal Public Defender=s Office for

the District of North Dakota.

A judge advocate of the armed forces of the United States representing

the United States government proceedings supervised by judges of this

court is not subject to this rule.

G. Attorney Discipline.

Automatic Suspension. Any member of the bar of this court who has

been suspended or disbarred from the Supreme Court of the State of

South Dakota or who has been convicted of any criminal offense in any

United States District Court will, upon appropriate notice from the clerk

of court, be suspended from practice before this court.

Discipline by this Court.

a. This court, independent of action taken by the Supreme Court of the

State of South Dakota, may disbar or suspend a member of the bar

of this court from practice for a definite time, or reprimand for good

cause shown, after opportunity has been afforded such member to

be heard.

b. An application for the disbarment or discipline of a member of the

bar of this court will be made to or before the chief judge of this court

unless otherwise ordered by the chief judge. At least two district

judges of this court will sit at the hearing of such application unless

the attorney against whom the disbarment or disciplinary proceeding

is brought states in writing or in open court the member=s willingness

to proceed before one district judge.

If an investigation is necessary, the chief judge, with the approval of

a majority of the district judges, will appoint a member of the bar

(hereinafter referred to as Ainvestigator@) to investigate charges

against any member of this bar. If, as a result of the investigation,

the investigator will be of the opinion that there has been a breach of

professional ethics by a member of this bar, the investigator, as an

officer of the court having special responsibilities for the

administration of justice, will file and prosecute a petition requesting

that the alleged offender be subjected to appropriate discipline,

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including disbarment, suspension, or reprimand. The investigator

will be paid from the pro hac vice fund.

Disciplinary Record. The clerk of court keeps a separate attorney

discipline docket. Orders of disbarment, suspension and public

reprimand are a matter of public record. All other documents, hearings

and records required under the provisions of this Rule will not be publicly

disclosed or made available for use in any other proceeding, except upon

order of this court.

H. Reinstatement of Disbarred and Suspended Attorneys.

An attorney who has been disbarred or suspended in this court may

petition for reinstatement at any time. Upon the filing of such petition

with the clerk of court, the chief judge may appoint an investigator and

may enter an order setting a date for the hearing on said petition on

providing at least 21 calendar days’ notice. An attorney may be reinstated

without a hearing upon a unanimous vote of all district judges who desire

to participate in such determinations.

Any investigator appointed will investigate the facts alleged in the petition

for reinstatement and will present to the court, in affidavit form or

otherwise, any facts in support of or against the granting of said petition.

Two district judges of this court will sit at the hearing on said petition,

and the order denying or granting reinstatement will be made in writing

by said judges.

An attorney who has been disbarred or suspended by the Supreme Court

of the State of South Dakota and thereafter reinstated by that court to

practice in the state courts will not be permitted to practice in this court,

notwithstanding such reinstatement, until a petition for reinstatement

as prescribed in section 1 above, incorporating a certified copy of the

order of reinstatement by the Supreme Court of the State of South

Dakota, has been filed in this court and reinstatement ordered after a

hearing as above provided. The hearing may be waived by the attorney

with the consent of the court.

Law Students.

Student Practice. Any law student acting under a supervising attorney

will be allowed to make an appearance and participate in proceedings in

this court pursuant to these rules.

Eligibility. To be eligible to appear and participate, a law student must:

a. Be a student in good standing in a law school approved by the

American Bar Association.

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b. Have completed legal studies amounting to four semesters or the

equivalent if the law school is on some basis other than a semester

basis.

File with the clerk of court:

(1)

A certificate by the dean of the law school that he or she is of

good moral character and meets the requirements of rule 83.I.2

and is qualified to serve as a legal intern. The certificate should

be in a form prescribed by the court.

(2)

A certificate by the law student stating that he or she has read

and agrees to abide by the rules of the court, and all applicable

codes of professional responsibility and other relevant federal

practice rules. The certificate should be in a form prescribed by

the court.

(3)

A notice of appearance must be filed in each case in which he or

she is participating or appearing as a law student. The notice

must be signed by a supervising attorney who is a member of the

bar of this court.

Be introduced to the court in which he or she is appearing by

an attorney who is a member of the bar of this court.

Certificate of Admission. Upon the completion and filing of the

certificates required by these rules, the clerk of court will issue a

certificate of admission to the law student in a form prescribed by the

court. This certificate expires contemporaneously with the expiration

date of the dean=s certificate unless it is sooner withdrawn. Any law

student=s certificate of admission may be terminated at any time by the

court without notice or hearing and without any showing of cause.

Restrictions. No law student admitted under these rules will:

a. Request or receive any compensation or remuneration of any kind

from the client. This will not prevent the supervising attorney, law

school, public defender, or the government from paying

compensation to the law student, nor will it prevent any agency from

making such charges for its services as it may otherwise properly

require.

b. Appear in court without the presence of the supervising attorney.

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c. File any documents or papers with the court that he or she has

prepared which have not been read, approved, and signed by the

supervising attorney.

Supervising Attorneys. Any person acting as a supervising attorney

under this rule must be a member of the bar of this court and must:

a. Assume personal professional responsibility for the conduct of the

law student being supervised.

b. Sign all pleadings and other papers prepared by the law student.

Advise the court of the law student=s participation, always be present

with the student in court and be prepared to supplement oral or

written work of the student as requested by the court or as necessary

to ensure proper representation of the client.

d. Be available for consultation with the client.

LR 83.3 JURY DELIBERATIONS

Availability During Deliberations. Until a verdict is reached, and the jury

is discharged, the lawyers and the parties must be readily available to the

court. When the jury begins to deliberate, the lawyers must advise the court

of where they can be located in the courthouse, or if they intend to leave the

courthouse, of a telephone number where they can be reached without delay.

A pro se party will be treated as counsel for purposes of this rule.

Notification. If the jury has a question, or if some other issue arises during

jury deliberations, and the court determines the issue merits a conference

with the parties, the court will attempt to notify the lawyers. Counsel is

responsible for communicating any such notification to the parties.

C. Proceedings. The nature of the proceedings concerning an issue arising during jury deliberations will be determined by the judge. Where the jury has a

substantive question, the judge will do the following:

Advise the lawyers of the jury=s question;

Ask the lawyers for suggestions on how to respond to the question;

Formulate a response, as warranted;

Allow the parties to make a record on the proposed response; and

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Communicate the response to the jury in an appropriate manner.

LR 83.4 FORM OF PAPERS

A. In General. All documents must be on 82 x 11-inch paper. The text must be

double-spaced, but quotations more than two lines long must be indented

and single-spaced. Headings and footnotes must be single-spaced. Margins

must be at least one inch on all four sides. Fonts must be at least 12-point.

Papers not in the required form may not be filed without leave of the court.

Exhibits attached to documents must, if feasible, be similarly typewritten,

printed, or otherwise reproduced in clear, legible, and permanent form.

B. Redactions. If it is necessary to redact documents produced pursuant to

discovery and/or filed with the court, redactions must be made in black,

making it clear that information was removed.

LR 83.5 CLERK=S FEES

A. Filing Fees.

Actions. Except in seaman=s suits, any party commencing any civil

action, suit, or proceedings, whether by original process, removal, or

otherwise, must pay to the clerk of court the statutory filing fee before

the case will be filed and process issued thereon. (28 U.S.C. ' 1914).

Appeals. The appellant must pay the statutory fee for an appeal to the

clerk of the district court. (28 U.S.C. ' 1917).

Habeas Corpus. The petitioner or applicant for a writ of habeas corpus,

must pay the statutory filing fee to the clerk of court. (28 U.S.C. ' 1914).

B. Miscellaneous Fees. The clerk of court will collect from parties such

additional fees only as are prescribed by the Judicial Conference of the United

States. Payment of such fees may be required by the clerk of court before

furnishing the service therefor.

C. Refusal to File by the Clerk. The clerk of court may refuse to docket or file

any suit or proceeding, writ, or other process, pleading or other paper in any

suit or proceeding until the required filing fees are paid, except as otherwise

ordered by the court in proceedings in forma pauperis. (28 U.S.C. '' 1914(c)

and 1915).

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LR 83.6 MARSHALS FEES

A. Prepayment of Fees. Except as otherwise provided by statute or by order of

court, the United States Marshal may require a deposit to cover all fees and

expenses prescribed by law for performing the services requested by any

party. (28 U.S.C. ' 1921).

B. USM Form 285. Every party requesting the United States Marshal to serve

any process, including an original summons, must furnish with every process

delivered to the United States Marshal a completed USM Form 285. Said

forms are available through the United States Marshals Service or the clerk

of court’s office.

LR 83.7 WITHDRAWAL OF COUNSEL

A. In General. An attorney of record in a case may be permitted to withdraw

from representation as counsel of record only by order of the court, or as

otherwise provided herein. This does not apply to situations where withdrawal

results in continued representation.

B. Withdrawal with Substitution. Leave of court is not required where a notice

of withdrawal is accompanied by a substitution of counsel, provided that said

substitution takes place 90 or more days in advance of trial, the substitution

contains a certificate by substituted counsel, and the substitution will not

delay the trial or other progress of the case. The notice of withdrawal and

substitution must set forth the name and address of the substituted and

withdrawing counsel. Withdrawal under this section will be effective upon

filing a notice of withdrawal and substitution. Notice of withdrawal must be

provided to the client by the withdrawing attorney.

C. Withdrawal Without Substitution. Withdrawal without substitution may be

granted only upon motion, for good cause shown. Notice of the motion must

be provided to the client by the withdrawing attorney.

LR 83.8 WRITS OF HABEAS CORPUS AND MOTIONS

PURSUANT TO 28 U.S.C. ' 2255

A. Filing Requirements. Petitions for writs of habeas corpus pursuant to 28

U.S.C. ' 2254 and 28 U.S.C. ' 2241, motions to vacate sentence pursuant to

28 U.S.C. ' 2255, and applications to proceed in forma pauperis must be

signed and legibly written or typewritten on forms prescribed by the court and

in accordance with the instructions provided with the forms unless the court

finds, in its discretion, that the petition, motion, or application is

understandable and that it substantially conforms with federal and local

requirements for such actions. Copies of the relevant forms and instructions

will be provided by the clerk of court upon request The court may strike or

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dismiss petitions, motions, or applications that do not conform substantively

or procedurally with federal and local requirements for such actions.

B. In Forma Pauperis Certification. If a habeas corpus petitioner desires to

prosecute a petition in forma pauperis, the petitioner must file an application

to proceed in forma pauperis on a form prescribed by the court (Motion to

Proceed Without Prepayment of Fees and Declaration), accompanied by a

certification of the warden or other appropriate officer of the institution in

which the petitioner is confined as to the amount of money or securities on

deposit for the petitioner. If the petitioner has in excess of $25 on deposit, the

petitioner must pay the filing fee to proceed with a 28 U.S.C. ' 2241 or a 28

U.S.C. ' 2254 case.

C. Assignment of Judicial Officer. Once a petition for a writ of habeas corpus

is assigned to a district judge, any future pleadings filed by the prisoner will

be automatically assigned to the same district judge to whom the earlier case

was assigned, unless otherwise ordered by the court. Motions pursuant to 28

U.S.C. ' 2255 will be assigned as provided for in Rule 4(a) of the Rules

Governing Section 2255 Proceedings for the United States District Courts.

LR 83.9 PROCEDURES IN SOCIAL SECURITY CASES

A. Direct Assignment of Cases to Magistrate Judge. Every case filed under

42 U.S.C. § 405(g) will be direct assigned to a magistrate judge by division.

B. Consent and Reassignment. On or before the date on which the answer

must be filed, each party must submit a completed Social Security Case

Assignment Form, through which the party either:

1. consents to disposition of the case by the magistrate judge under

28 U.S.C. § 636(c); or

2. asks to have a district judge assigned to the case.

The Social Security Case Assignment Form must be submitted to the clerk

in paper and not filed on the CM/ECF system.

If any party asks to have a district judge assigned to the case, it will be

randomly assigned by division. The magistrate judge assigned to the case

will remain assigned to the case to conduct such proceedings as the

district judge directs.

C. Filing an Answer and the Administrative Record. Within 60 days after

notice of an action is given, the Commissioner of Social Security must

electronically file and serve an answer and/or certified copy of the

administrative record consistent with Rule 4 of the Supplemental Rules for

Social Security (Supplemental Rules).

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D. Briefing. The briefing deadlines in the Supplemental Rules apply to all

actions brought under 42 U.S.C. § 405(g). As of the adoption of this Local

Rule, unless the Court orders otherwise, the deadlines are: The plaintiff’s brief

is due 30 days after the answer or certified record is filed or 30 days after

entry of an order disposing of the last remaining motion to dismiss. The

commissioner’s brief is due 30 days after service of the plaintiff’s brief. The

plaintiff may file a reply brief within 14 days after service of the

commissioner’s brief.

LR 83.10 COURT SECURITY OFFICER DUTIES

When a petit jury has been selected but before deliberations begin, court

security officers shall, upon request, escort jurors outside the building provided

they remain on courthouse property.

When a petit jury is sequestered to begin deliberations, court security officers

shall collect and secure all cellphones and other electronic devices belonging to

jurors until such time as the jury has reached a verdict, at which time such

devices shall be returned to their owners.

LR 83.11 ASSIGNMENT AND REFERRAL OF CASES

Assignment of Cases. To the extent possible, civil cases are randomly assigned

to judges on a District-wide basis. The Chief Judge may direct the Clerk to

reassign cases as necessary.

LR 83.12 FORMER LAW CLERKS

An attorney who is a former law clerk to a judge of this Court is prohibited

from acting as counsel of record in a case assigned to that judge or otherwise

appearing before that judge (a) at any time in any case that was assigned to that

judge during the former clerk’s tenure with the judge, and (b) in any case for a

period of one year following the termination of the law clerk’s service.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.