LOCAL RULES OF COURT
Effective: November 1, 2016
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Table of Contents
LOCAL CIVIL RULES OF COURT
LCvR 1.1 SCOPE OF RULES .................................................................................................. 1
A. Title and Citation ............................................................................................................... 1
B. Scope of Rules .................................................................................................................. 1
C. Relationship to Prior Rules; Actions Pending on Effective Date ......................................... 1
D. Rule of Construction and Definitions ................................................................................. 1
LCvR 1.2 RULES AVAILABLE ON WEBSITE OR IN OFFICE OF CLERK OF COURT ......... 1
LCvR 3 ASSIGNMENT TO ERIE, JOHNSTOWN OR PITTSBURGH DOCKET ................... 1
LCvR 5.1 GENERAL FORMAT OF PAPERS PRESENTED FOR FILING ............................... 2
A. Filing and Paper Size ........................................................................................................ 2
B. Lettering ............................................................................................................................ 2
C. Printing on One Side ......................................................................................................... 2
D. Page Fasteners ................................................................................................................. 2
E. Exhibits to Briefs ................................................................................................................ 2
F. Separate Documents ......................................................................................................... 2
G. Exceptions on Motion ........................................................................................................ 2
H. Withdrawal of Files ............................................................................................................ 2
I. Exhibits ............................................................................................................................... 3
J. Law Enforcement Evidence ................................................................................................ 3
K. Exhibits Retained by Clerk ................................................................................................. 3
L. Hyperlinks .......................................................................................................................... 3
1 Electronically filed documents may contain: ..................................................................... 3
2 Electronically filed documents may not contain in text or footnotes: ................................. 3
LCvR 5.2 DOCUMENTS TO BE FILED WITH THE CLERK OF COURT ................................. 4
A. Only Original to be Filed .................................................................................................... 4
B. Attorney Identification ........................................................................................................ 4
C. No Faxed Documents ........................................................................................................ 4
D. Redaction of Personal Identifiers....................................................................................... 4
1. Social Security Numbers................................................................................................. 4
2. Names of minor children ................................................................................................. 4
3. Dates of birth .................................................................................................................. 4
4. Financial account numbers ............................................................................................. 4
5. Home addresses ............................................................................................................ 4
E. Personal Identifiers Under Seal ......................................................................................... 5
F. Unredacted Version Retained by Court .............................................................................. 5
G. Counsel and Parties Responsible ..................................................................................... 5
H. Leave of Court Required To File Under Seal ..................................................................... 5
LCvR 5.3 PROOF OF SERVICE WHEN SERVICE IS REQUIRED BY FED. R. CIV. P. 5 ....... 5
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LCvR 5.4 FILING OF DISCOVERY MATERIALS .................................................................... 6
A. No Filing of Discovery Materials ........................................................................................ 6
B. Discovery Materials Necessary to Decide a Motion ........................................................... 6
C. Necessary Portions to be Filed With Clerk of Court ........................................................... 6
D. Custodian of Discovery Materials ...................................................................................... 6
LCvR 5.5 FILING OF DOCUMENTS BY ELECTRONIC MEANS ............................................ 6
LCvR 5.6 SERVICE OF DOCUMENTS BY ELECTRONIC MEANS ........................................ 6
LCvR 7 MOTION PRACTICE AND STIPULATIONS ............................................................ 6
A. Motions Filed in Actions Pending in this Court ................................................................... 6
B. Motions Not Filed in Actions Pending in this Court............................................................. 7
C. Discovery Motions ............................................................................................................. 7
D. Proposed Order of Court ................................................................................................... 7
E. Stipulations ........................................................................................................................ 7
LCvR 7.1 DISCLOSURE STATEMENT AND RICO CASE STATEMENT ............................... 7
A. Disclosure Statement. ..................................................................................................... 7
1. Disclosure Statement Required ...................................................................................... 7
2. Purpose of Disclosure Statement .................................................................................... 7
3. Disclosure Statement Contents....................................................................................... 7
B. RICO Case Statement ..................................................................................................... 8
LCvR 8 PLEADING UNLIQUIDATED DAMAGES ................................................................ 8
LCvR 10 PRO SE CIVIL RIGHTS ACTIONS BY INCARCERATED INDIVIDUALS ................ 8
A. Approved Form Required .................................................................................................. 8
B. Responsibilities; Service .................................................................................................... 8
C. Timing of Appointment of Counsel ..................................................................................... 9
D. Appeal ............................................................................................................................... 9
E. Powers of a Magistrate Judge ........................................................................................... 9
LCvR 16.1 PRETRIAL PROCEDURES ....................................................................................10
A. Scheduling and Pretrial Conferences -- Generally ............................................................10
B. Scheduling Orders and Case Management ......................................................................11
1. Initial Scheduling Order .................................................................................................11
2. Additional Topics ...........................................................................................................11
3. Final Scheduling Order ..................................................................................................11
4. Additional Topics ...........................................................................................................12
5. Requirement to Confer; Scheduling Motion Certificate ...................................................12
C. Pretrial Statements and Final Pretrial Conference ............................................................12
D. Procedures Following Disclosure Of Information That May Be Privileged .........................15
LCvR 16.2 ALTERNATIVE DISPUTE RESOLUTION ...............................................................16
A. Effective Date and Application ..........................................................................................16
B. Purpose ............................................................................................................................16
C. ADR Options ....................................................................................................................16
D. ADR Designation ..............................................................................................................17
E. ADR Practices and Procedures ........................................................................................17
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LCvR 17.1 MINORS OR INCOMPETENT PERSONS -- COMPROMISE SETTLEMENT,
DISCONTINUANCE AND DISTRIBUTION ...............................................................................17
A. Court Approval Required ..................................................................................................17
B. Contents of Petition ..........................................................................................................17
C. Contents of Court Order ...................................................................................................17
D. Payment of Funds ............................................................................................................18
LCvR 17.2 SETTLEMENT PROCEDURE FOR SEAMAN SUITS .............................................18
A. Court Approval Required ..................................................................................................18
B. Contents of Petition ..........................................................................................................18
C. Seaman to Appear ...........................................................................................................19
D. Contents of Court Order ...................................................................................................19
LCvR 23 CLASS ACTIONS AND COLLECTIVE ACTIONS ..................................................19
A. Class Action Information ...................................................................................................19
B. Initial Disclosures .............................................................................................................20
C. Matters to be Addressed at Initial Scheduling Conference................................................20
D. Time and Expense Records .............................................................................................20
E. Joint Report of the Parties ................................................................................................20
F. Order Following Pretrial Conference .................................................................................20
G. Conference Following Class Certification Decision...........................................................21
H. Notice to the Class ...........................................................................................................21
I. Class Settlements ..............................................................................................................21
J. Collective Actions ..............................................................................................................21
LCvR 24 NOTICE OF CONSTITUTIONAL QUESTION .........................................................22
A. Notification to Court Required ...........................................................................................22
B. Failure to Comply Not Waiver ...........................................................................................22
LCvR 26.1 DISCOVERY MOTIONS ..........................................................................................22
LCvR 26.2 DISCOVERY OF ELECTRONICALLY STORED INFORMATION ...........................23
A. Duty to Investigate ............................................................................................................23
B. Designation of Resource Person ......................................................................................23
C. Preparation for Meet and Confer ......................................................................................23
D. Duty to Meet and Confer ..................................................................................................23
E. Case Management Conference. .......................................................................................23
LCvR 26.3 CERTIFICATION BY SERVING OR FILING ELECTRONIC DOCUMENTS ...........24
LCvR 30 VIDEOTAPE DEPOSITIONS ..................................................................................24
A. Procedures .......................................................................................................................24
B. Objections During Deposition ...........................................................................................24
LCvR 31 SERVING NOTICES AND WRITTEN QUESTIONS IN ELECTRONIC FORM ........25
LCvR 33 SERVING AND RESPONDING TO INTERROGATORIES TO PARTIES IN
ELECTRONIC FORM ...............................................................................................................25
A. Electronic Form ................................................................................................................25
B. Definition of Writable Electronic Form ...............................................................................25
C. Hard Copy Form ...............................................................................................................25
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LCvR 34 SERVING AND RESPONDING TO REQUESTS FOR PRODUCTION IN
ELECTRONIC FORM ...............................................................................................................25
A. Electronic Form ................................................................................................................25
B. Hard Copy Form ...............................................................................................................26
LCvR 36 SERVING AND RESPONDING TO REQUESTS FOR ADMISSION IN
ELECTRONIC FORM ...............................................................................................................26
A. Electronic Form ................................................................................................................26
B. Hard Copy Form ...............................................................................................................26
LCvR 37.1 REFERRAL OF DISCOVERY MOTIONS BY CLERK OF COURT .........................27
LCvR 37.2 FORM OF DISCOVERY MOTIONS ........................................................................27
LCvR 40 ASSIGNMENT OF ACTIONS ..................................................................................27
A. Civil Action Categories .....................................................................................................27
B. Criminal Action Categories ...............................................................................................28
C. Assignment of Civil Actions ..............................................................................................28
D. Related Actions ................................................................................................................28
E. Assignment of Related Actions .........................................................................................29
F. Erie or Johnstown Actions ................................................................................................29
G. No Transfer of Actions .....................................................................................................29
LCvR 47 VOIR DIRE OF JURORS ........................................................................................29
A. Examination of Jurors Before Trial ....................................................................................29
B. Required Questions to Jurors Collectively ........................................................................30
C. Required Questions to Each Juror ....................................................................................30
D. Jury List ............................................................................................................................30
LCvR 52 FINDINGS BY THE COURT ....................................................................................31
LCvR 54 COSTS ....................................................................................................................31
A. Jury Cost Assessment ......................................................................................................31
B. Taxation of Costs .............................................................................................................31
LCvR 56 MOTION FOR SUMMARY JUDGMENT .................................................................32
A. Application ........................................................................................................................32
B. Motion Requirements .......................................................................................................32
1. A Concise Statement of Material Facts ..........................................................................32
2. Memorandum in Support ...............................................................................................32
3. Appendix .......................................................................................................................32
C. Opposition Requirements .................................................................................................32
1. A Responsive Concise Statement ..................................................................................33
2. Memorandum in Opposition ...........................................................................................33
3. Appendix .......................................................................................................................33
D. Moving Party's Reply to Opposing Party's Submission .....................................................33
E. Admission of Material Facts ..............................................................................................33
LCvR 66 RECEIVERS ...........................................................................................................33
A. Rule as Exercise of Vested Authority ................................................................................33
B. Inventories ........................................................................................................................33
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C. Reports ............................................................................................................................34
D. Compensation of Receivers and Attorneys .......................................................................34
LCvR 67.1 BONDS AND OTHER SURETIES ...........................................................................34
A. By Non-Resident ..............................................................................................................34
B. By Other Parties ...............................................................................................................34
C. Qualifications of Surety ....................................................................................................34
D. Persons Who May Not Be Sureties ..................................................................................34
LCvR 67.2 DEPOSIT IN COURT ..............................................................................................34
A. Investment of Funds by Clerk of Court..............................................................................34
B. Administrative Fee ............................................................................................................34
C. Motion Required for Deposit Into Interest Account............................................................35
D. Court Registry Investment System ...................................................................................35
E. Petition Required for Investment .......................................................................................35
F. IRS Regulations Applicable ..............................................................................................35
LCvR 67.3 WITHDRAWAL OF A DEPOSIT PURSUANT TO FED. R. CIV. P. 67 ....................35
LCvR 71.A CONDEMNATION OF PROPERTY .................................................................36
LCvR 72 MAGISTRATE JUDGES .........................................................................................36
A. Duties under 28 U.S.C. §§ 636(a)(1) and (2). ...................................................................36
B. Disposition of Misdemeanor Cases -- 28 U.S.C. § 636(a)(3) ............................................36
C. Nondispositive Pretrial Matters .........................................................................................37
D. Dispositive Pretrial Motions and Prisoner Cases ..............................................................38
1. ........................................................................................................................................38
2. Objections to Magistrate Judge's Proposed Findings .....................................................38
E. Special Master References and Trials by Consent ...........................................................38
F. Other Duties .....................................................................................................................39
G. Assignment of Duties of Magistrate Judges......................................................................40
H. Forfeiture of Collateral in Lieu of Appearance ...................................................................40
LCvR 77 SESSIONS OF COURT ..........................................................................................41
LCvR 83.1 FREE PRESS -- FAIR TRIAL PROVISIONS ...........................................................41
A. Release of Information in Civil Actions..............................................................................41
B. Matters on Which Extrajudicial Statements Are Not Precluded .........................................42
C. Photography, Recording and Broadcasting ......................................................................42
LCvR 83.2 ADMISSION TO PRACTICE AND APPEARANCE OF ATTORNEYS AND
STUDENTS ..............................................................................................................................43
A. Admission to Practice -- Generally ....................................................................................43
1. Roll of Attorneys ............................................................................................................43
2. Eligibility; Member in Good Standing .............................................................................43
3. Procedure For Admission ..............................................................................................43
4. Agreements of Attorneys ...............................................................................................44
5. Practice in Criminal Branch Prohibited ...........................................................................44
B. Pro Hac Vice Admissions .................................................................................................44
C. Appearances and Withdrawals of Appearance .................................................................45
1. Appearance -- How entered ...........................................................................................45
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2. Attorney Identification Number .......................................................................................45
3. Separate Praecipe Unnecessary ...................................................................................45
4. Withdrawal of Appearance .............................................................................................45
D. Student Practice Rule .......................................................................................................45
1. Purpose .........................................................................................................................45
2. Student Requirements ...................................................................................................46
3. Program Requirements ..................................................................................................46
4. Supervisor Requirements ..............................................................................................46
5. Certification of Student, Program and Supervisor ..........................................................47
6. Activities ........................................................................................................................48
7. Limitation of Activities ....................................................................................................48
LCvR 83.3 RULES OF DISCIPLINARY ENFORCEMENT FOR ATTORNEYS .........................48
A. Introduction ......................................................................................................................48
1. Responsibility of Court ...................................................................................................48
2. Adoption of Rules of Professional Conduct ....................................................................48
3. Sanctions for Misconduct ...............................................................................................49
4. Admission to Practice as Conferring Disciplinary Jurisdiction ........................................49
B. Disciplinary Proceeding ....................................................................................................49
1. Reference to Counsel ....................................................................................................49
2. Recommendation of Counsel .........................................................................................49
3. Order to Show Cause ....................................................................................................49
4. Hearings ........................................................................................................................50
C. Attorneys Convicted of Crimes .........................................................................................50
1. Immediate Suspension ..................................................................................................50
2. Definition of Serious Crime ............................................................................................50
3. Certified Copy of Conviction as Evidence ......................................................................51
4. Mandatory Reference for Disciplinary Proceeding .........................................................51
5. Discretionary Reference for Disciplinary Proceedings ....................................................51
6. Reinstatement Upon Reversal .......................................................................................51
D. Discipline Imposed by Other Courts .................................................................................51
1. Notice by Attorney of Public Discipline ...........................................................................51
2. Proceedings after Notice of Discipline............................................................................51
3. Stay of Discipline in Other Jurisdiction ...........................................................................52
4. Reciprocal Discipline .....................................................................................................52
5. Conclusive Evidence of Final Adjudication .....................................................................52
6. Appointment of Counsel ................................................................................................52
E. Disbarment on Consent or Resignation ............................................................................52
1. Automatic Cessation of Right to Practice .......................................................................52
2. Attorney to Notify Clerk of Disbarment ...........................................................................53
F. Disbarment on Consent While under Disciplinary Investigation or Prosecution .................53
1. Consent to Disbarment ..................................................................................................53
2. Consent Order ...............................................................................................................53
3. Public Record ................................................................................................................53
G. Reinstatement ..................................................................................................................54
1. After Disbarment or Suspension ....................................................................................54
2. Time of Application Following Disbarment .....................................................................54
3. Hearing on Application ...................................................................................................54
4. Duty of Counsel .............................................................................................................54
5. Deposit for Costs of Proceeding ....................................................................................54
6. Conditions of Reinstatement ..........................................................................................54
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7. Successive Petitions ......................................................................................................55
H. Service of Papers and Other Notices ...............................................................................55
I. Duties of the Clerk of Court ................................................................................................55
1. Filing Certificate of Conviction .......................................................................................55
2. Filing Disciplinary Judgment ..........................................................................................55
3. Filing Consent Order ......................................................................................................55
4. Transmittal of Record to Other Courts ...........................................................................56
5. National Discipline Data Bank ........................................................................................56
J. Retention of Control ..........................................................................................................56
K. Confidentiality ...................................................................................................................56
LCvR 100.1 TRANSFER OF MULTIDISTRICT LITIGATION ...............................................57
A. Composite Number Assigned ...........................................................................................57
B. Clerk of Court to Maintain Multidistrict Docket Sheet ........................................................57
C. No Separate Appearance Required ..................................................................................57
D. Notification of Representing Counsel ...............................................................................57
E. Liaison Counsel to be Designated ....................................................................................57
F. Only Original Documents to be Filed ................................................................................57
LCvR 100.2 PUBLICATION OF NOTICE OR ADVERTISEMENTS .....................................58
LCvR 2241 ACTIONS UNDER 28 U.S.C. § 2241 ...............................................................58
A. Scope ...............................................................................................................................58
B. The Petition ......................................................................................................................58
1. Naming the Respondent ................................................................................................58
2. Form ..............................................................................................................................58
C. Filing the Petition ..............................................................................................................59
D. The Answer and the Reply ...............................................................................................59
1. The Answer ...................................................................................................................59
2. The Reply ......................................................................................................................60
E. Powers of a Magistrate Judge ..........................................................................................60
F. Applicability of the Federal Rules of Civil Procedure .........................................................60
G. Appeals ............................................................................................................................60
H. The Appointment of Counsel ............................................................................................60
LCvR 2254 ACTIONS UNDER 28 U.S.C. § 2254 ...............................................................61
A. Scope ...............................................................................................................................61
B. The Petition ......................................................................................................................61
1. Naming the Respondent ................................................................................................61
2. Form ..............................................................................................................................61
C. Filing the Petition ..............................................................................................................62
D. Preliminary Review ...........................................................................................................62
E. The Answer and the Reply ...............................................................................................63
1. The Answer ...................................................................................................................63
2. The Reply ......................................................................................................................64
F. Discovery ..........................................................................................................................64
G. Expanding the Record ......................................................................................................64
H. Evidentiary Hearing ..........................................................................................................64
I. Second or Successive Petitions .........................................................................................64
J. Powers of a Magistrate Judge ...........................................................................................64
K. Applicability of the Federal Rules of Civil Procedure .........................................................65
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L. Appeals .............................................................................................................................65
M. The Appointment of Counsel ............................................................................................65
LCvR 2255 ACTIONS UNDER 28 U.S.C. § 2255 ...............................................................65
A. Scope ...............................................................................................................................65
B. The Motion .......................................................................................................................66
1. Form ..............................................................................................................................66
C. Filing and Serving the Motion ...........................................................................................67
D. Preliminary Review ...........................................................................................................67
E. The Answer and the Reply ...............................................................................................67
1. Order Directing Response .............................................................................................67
2. The Reply ......................................................................................................................68
F. Discovery ..........................................................................................................................68
G. Expanding the Record ......................................................................................................68
H. Evidentiary Hearing ..........................................................................................................68
I. Second or Successive Motions ..........................................................................................68
J. Powers of a Magistrate Judge ...........................................................................................68
K. Appeals ............................................................................................................................68
L. Applicability of the Federal Rules of Civil Procedure and the Federal Rules of Criminal
Procedure ..............................................................................................................................68
M. The Appointment of Counsel ............................................................................................68
LOCAL CRIMINAL RULES OF COURT ...................................................................................71
LCrR 1 CITATION AND APPLICABILITY TO PRO SE DEFENDANTS ..............................71
LCrR 5 INITIAL APPEARANCE BEFORE MAGISTRATE JUDGE .....................................71
A. Opportunity to Consult With Counsel ................................................................................71
B. Notification of Counsel ......................................................................................................71
C. Eligibility for Appointed Counsel .......................................................................................71
D. Entry of Appearance .........................................................................................................71
E. Withdrawal of Appearance ................................................................................................71
LCrR 10 ARRAIGNMENTS ...................................................................................................71
LCrR 12 PRETRIAL MOTIONS .............................................................................................72
A. Timing ..............................................................................................................................72
B. Requirements ...................................................................................................................72
C. Response ..................................................................................................................
.......72
D. Reply Memorandum .........................................................................................................72
E. Motion to Extend Time ......................................................................................................72
LCrR 16 DISCOVERY AND INSPECTION ............................................................................73
A. Compliance With Fed. R. Crim. P. 16 ...............................................................................73
B. Timing ..............................................................................................................................73
C. Exculpatory Evidence .......................................................................................................73
D. Voluntary Disclosure ........................................................................................................73
E. Obligation to Confer ..........................................................................................................73
F. Status Conference ............................................................................................................73
LCrR 23 LAW ENFORCEMENT EVIDENCE .........................................................................73
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LCrR 24.1 JURY LIST ..............................................................................................................74
LCrR 24.2 EXAMINATION OF JURORS BEFORE TRIAL .......................................................74
A. Examination of Jurors Before Trial ....................................................................................74
B. Required Questions ..........................................................................................................74
C. Questions to Individual Jurors ..........................................................................................75
LCrR 24.3 COMMUNICATION WITH A TRIAL JUROR ...........................................................75
A. During Trial .......................................................................................................................75
B. After Trial ..........................................................................................................................75
LCrR 24.4 JUROR NOTE TAKING ..........................................................................................75
LCrR 28 INTERPRETERS .....................................................................................................76
LCrR 32 PROCEDURE FOR GUIDELINE SENTENCING .....................................................76
A. Timing of Sentencing ........................................................................................................76
B. Presentence Investigation and Report ..............................................................................76
C. Presentence Procedures ..................................................................................................76
1. Confidentiality ................................................................................................................76
2. Administrative Resolution ..............................................................................................76
3. Disclosure of PSR to Court ............................................................................................77
4. Objections; Positions of the Parties ...............................................................................77
5. Responses to Objections and Positions .........................................................................77
6. Action on Objections; Addendum ...................................................................................77
7. Court's Tentative Findings and Rulings ..........................................................................77
8. Supplemental Information and Memoranda ...................................................................78
9. Additional Information and Memoranda .........................................................................78
10. Introducing Evidence ...................................................................................................78
11. Court Determinations ...................................................................................................78
D. Judicial Modifications .......................................................................................................78
E. Pre-Plea Presentence Investigations and Reports ............................................................78
F. Revocation of Probation and Supervised Release ............................................................78
G. Nondisclosure of Probation Office’s Sentencing Recommendation ..................................78
LCrR 41 INSPECTION AND COPYING OF SEIZED PROPERTY ........................................79
LCrR 46
TYPES OF BAIL IN CRIMINAL CASES .................................................................79
LCrR 49 ELECTRONIC CASE FILING; SEALING OF DOCUMENTS ..................................79
A. Electronic Case Filing Policies and Procedures ................................................................79
B. Filing by Electronic Means ................................................................................................80
C. Service by Electronic Means ............................................................................................80
D. Filing Under Seal ..............................................................................................................80
E. Provision of Sealed Documents to Opposing Party...........................................................80
LCrR 57 ASSIGNMENT OF CASES .....................................................................................80
A. Criminal Action Categories ...............................................................................................80
B. Assignment of Criminal Cases to District Judges ..............................................................81
C. Related Actions ................................................................................................................81
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LCrR 58 PROCEDURES FOR MISDEMEANORS AND OTHER PETTY OFFENSES ..........81
LCrR 83 FREE PRESS -- FAIR TRIAL PROVISIONS ...........................................................81
A. Release of Information in Criminal Litigation .....................................................................81
B. Release Beyond Public Record ........................................................................................81
C. Subjects Likely to Be Materially Prejudicial .......................................................................82
LCrR 83.2 PRO HAC VICE ADMISSIONS ...............................................................................83
LOCAL BANKRUPTCY APPELLATE RULES OF COURT .....................................................85
LBR 8007-2 APPEAL TO THE DISTRICT COURT FROM THE BANKRUPTCY COURT ...85
LBR 9015-1 JURY TRIAL IN BANKRUPTCY COURT ........................................................86
APPENDICES TO RULES ........................................................................................................87
APPENDIX LCvR 7.1.A ............................................................................................................88
APPENDIX LCvR 7.1.B ............................................................................................................89
APPENDIX LCvR 16.1.A ..........................................................................................................92
Appendix LCvR 16.1.D ............................................................................................................97
APPENDIX LCvR 23.E .............................................................................................................99
Appendix LCvR 26.2.C-CHECKLIST .................................................................................... 104
I. Preservation ........................................................................................................ 104
II. Resource Person ................................................................................................. 104
III. Informal Discovery About Locations of Data and Types of Systems .............. 105
IV. Proportionality and Costs ................................................................................... 105
V. Search .................................................................................................................. 105
VI. Phasing ................................................................................................................ 105
VII. Production ........................................................................................................... 106
VIII. Privilege ............................................................................................................... 106
IX. E-Discovery Special Masters and/or E-Mediators .............................................
106
X. Expedited or Limited Discovery ......................................................................... 106
Appendix LCvR 26.2.C-GUIDELINES ................................................................................... 107
APPENDIX LCvR 26.2.E-MODEL ORDER ............................................................................ 112
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APPENDIX LCvR/LCrR 83.2.A CERTIFICATION .................................................................. 117
APPENDIX LCvR/LCrR 83.2.B-MOTION ............................................................................... 118
APPENDIX LCvR/LCrR 83.2.B- AFFIDAVIT ........................................................................... 119
November 1, 2016
Local Rules of Court
Western District of Pennsylvania
1
LCvR 1.1 SCOPE OF RULES
A. Title and Citation. These rules shall be known as the Local Rules of the
United States District Court for the Western District of Pennsylvania. They may
be cited as "LCvR."
B. Scope of Rules. These rules shall apply in all proceedings in civil and
criminal actions.
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. They shall govern all applicable proceedings brought in this Court after
they take effect. They also shall 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 shall govern.
D. Rule of Construction and Definitions. United States Code, Title 1,
Sections 1 to 5, shall, as far as applicable, govern the construction of these rules.
Unless the context indicates otherwise, the word "Judge" refers to both District
Judges and Magistrate Judges.
LCvR 1.2 RULES AVAILABLE ON WEBSITE OR IN OFFICE OF CLERK OF COURT
Copies of these rules, as amended and with any appendices attached hereto, are
available on the Court's website (http://www.pawd.uscourts.gov) or in hard copy
from the Clerk of Court's office for a reasonable charge to be determined by the
Board of Judges. When amendments to these rules are made, notices of such
amendments shall be provided on the Court's website, in the legal journals for
each county and on the bulletin board in the Clerk of Court's office. When
amendments to these rules are proposed, notice of such proposals and of the
ability of the public to comment shall be provided on the Court's website, in the
legal journals for each county and on the bulletin board in the Clerk of Court's
office.
LCvR 3 ASSIGNMENT TO ERIE, JOHNSTOWN OR PITTSBURGH DOCKET
Where it appears from the complaint, petition or other pleading that the claim
arose OR any plaintiff or defendant resides in: Crawford, Elk, Erie, Forest,
McKean, Venango, or Warren County, the Clerk of Court shall give such
complaint, petition or other pleading an Erie number and it shall be placed on the
Erie docket. Should it appear from the complaint, petition or other pleading that
the claim arose OR any plaintiff or defendant resides in: Bedford, Blair, Cambria,
Clearfield or Somerset County, the Clerk of Court shall give such complaint,
petition or other pleading a Johnstown number and it shall be placed on the
Johnstown docket. All other cases or matters for litigation shall be docketed and
processed at Pittsburgh. In the event of a conflict between the Erie and
November 1, 2016
Local Rules of Court
Western District of Pennsylvania
2
Johnstown dockets, the Clerk of Court shall place the action on the plaintiff's
choice of those two dockets.
LCvR 5.1 GENERAL FORMAT OF PAPERS PRESENTED FOR FILING
A. Filing and Paper Size. In order that the files in the Clerk of Court's office
may be kept under the system commonly known as "flat filing," all papers
presented to the Court or to the Clerk of Court for filing shall be flat and as thin as
feasible. Further, all pleadings and other documents presented for filing to the
Court or to the Clerk of Court shall be on 8½ by 11 inch size paper, white in color
for scanning purposes and electronic case filing (ECF).
B. Lettering. The lettering or typeface shall be clearly legible and shall not be
smaller than 12 point word processing font or, if typewritten, shall not be smaller
than pica. The text must be double-spaced, but quotations more than two lines
long may be indented and single-spaced. Headings and footnotes may be
single-spaced. The font type and size used in footnotes shall be the same as
that used in the body of the brief. Margins must be at least one inch on all four
sides. Page numbers may be placed in the margins, but no text may appear
there.
C. Printing on One Side. The lettering or typeface shall be on only one (1) side
of a page.
D. Page Fasteners. All papers and other documents filed in this Court shall be
securely fastened with a paper clip, binder clip or rubber band. The use of plastic
strips, staples or other such fasteners is prohibited, with the exception that
administrative and judicial records may be firmly bound.
E. Exhibits to Briefs. Exhibits to a brief or motion shall accompany the brief or
motion, but shall not be attached to or bound with the brief or motion. Exhibits
shall be secured separately, using either lettered or numbered separator pages
to separate and identify each exhibit. Each exhibit also shall be identified by
letter or number on the top right hand corner of the first page of the exhibit.
Exhibits in support of a pleading or other paper shall accompany the pleading or
other paper but shall not be physically bound thereto. In all instances where
more than one exhibit is part of the same filing, there shall be a table of contents
for the exhibits.
F. Separate Documents. Each motion and each brief shall be a separate
document.
G. Exceptions on Motion. Exceptions to the provisions of this rule may be
made only upon motion and for good cause or in the case of papers filed in
litigation commenced in forma pauperis.
H. Withdrawal of Files. Records and papers on file in the office of the Clerk of
Court may be produced pursuant to a subpoena from any federal or state Court,
directing their production. Records and papers may be removed from the files
only upon order of Court. Whenever records and papers are withdrawn, the
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person receiving them shall leave with the Clerk of Court a signed receipt
describing the records or papers taken.
I. Exhibits. All exhibits received in evidence, or offered and rejected, upon the
hearing of any cause or motion, shall be presented to the deputy clerk, who shall
keep the same in custody, unless otherwise ordered by the Court, except that the
clerk may without special order permit an official court reporter to withdraw
exhibits, by means of a signed descriptive receipt, for the purpose of preparing
the transcript.
J. Law Enforcement Evidence. In all cases where money, firearms, narcotics,
controlled substances or any matter of contraband is introduced into evidence,
such evidence shall be maintained for safekeeping by law enforcement during all
times when court is not in session, and at the conclusion of the case. The law
enforcement agent will be responsible for its custody if the evidence is required
for any purpose thereafter. See also LCrR 23.
K. Exhibits Retained by Clerk. Trial exhibits shall be retained by the deputy
clerk until it is determined whether an appeal has been taken from a final
judgment. In the event of an appeal, exhibits shall be retained by the deputy
clerk until disposition of the appeal. Otherwise, they may be reclaimed by
counsel for a period of thirty (30) days after which the exhibits may be destroyed
by the deputy clerk.
L. Hyperlinks. The use of hyperlinks is permitted but is not required. Because
a hyperlink contained in a filing is no more than a convenient mechanism for
accessing material cited in the document, a hyperlink reference is extraneous to
any filed document and does not make the hyperlinked document part of the
court’s record.
1 Electronically filed documents may contain:
(a) Hyperlinks to either Westlaw or Lexis/Nexis for cited legal
authority, but hyperlinks to a cited authority may not replace standard
citation format. Standard citations must be included in the text of the
filed document;
(b) Hyperlinks to other documents previously filed within the CM/ECF
in the Western District of Pennsylvania or from any other federal
court; and
(c) Hyperlinks to other portions of the same document.
2 Electronically filed documents may not contain in text or
footnotes:
(a) Hyperlinks to sealed or restricted documents;
(b) Hyperlinks to websites not listed in (a); or
(c) Hyperlinks to audio or video files.
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Hyperlinking must comply with the hyperlinking protocol in the Court’s Electronic
Case Filing Policies and Procedures. Non-conforming documents may be
ordered stricken by the Court.
LCvR 5.2 DOCUMENTS TO BE FILED WITH THE CLERK OF COURT
A. Only Original to be Filed. As to any document required or permitted to be
filed with the Court in paper form, only the original shall be filed with the Clerk of
Court.
B. Attorney Identification. Any document signed by an attorney for filing shall
contain under the signature line the name, address, telephone number, fax
number, e-mail address (if applicable) and Pennsylvania or other state bar
identification number. When listing the bar identification number, the state's
postal abbreviation shall be used as a prefix (e.g., PA 12345, NY 246810).
C. No Faxed Documents. Documents shall not be faxed to a Judge without
prior leave of Court. Documents shall not be faxed to the Clerk of Court's office,
except in the event of a technical failure with the Court's Electronic Case Filing
("ECF") system. "Technical failure" is defined as a malfunction of Court
owned/leased hardware, software, and/or telecommunications facility which
results in the inability of a Filing User to submit a filing electronically. Technical
failure does not include malfunctioning of a Filing User's equipment.
D. Redaction of Personal Identifiers. A filed document in a case (other than a
social security case) shall not contain any of the personal data identifiers listed in
this rule unless permitted by an order of the Court or unless redacted in
conformity with this rule. The personal data identifiers covered by this rule and
the required redactions are as follows:
1. Social Security Numbers. If an individual's Social Security Number
must be included in a document, only the last four digits of that number
shall be used;
2. Names of minor children. If the involvement of a minor child must be
mentioned, only that child's initials shall be used;
3. Dates of birth. If an individual's date of birth must be included, only
the year shall be used;
4. Financial account numbers. If financial account numbers must be
included, only the last four digits shall be used.
Additional personal data identifier in a criminal case document only:
5. Home addresses. If a home address must be included, only the city
and state shall be listed.
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E. Personal Identifiers Under Seal. A party wishing to file a document
containing the personal data identifiers listed above may file in addition to the
required redacted document:
1. a sealed and otherwise identical document containing the unredacted
personal data identifiers, or
2. a reference list under seal. The reference list shall contain the
complete personal data identifier(s) and the redacted identifier(s) used in
its (their) place in the filing. All references in the case to the redacted
identifiers included in the reference list will be construed to refer to the
corresponding complete personal data identifier. The reference list must
be filed under seal, and may be amended as of right.
F. Unredacted Version Retained by Court. The sealed unredacted version of
the document or the sealed reference list shall be retained by the Court as a part
of the record.
G. Counsel and Parties Responsible. The responsibility for redacting these
personal identifiers rests solely with counsel and the parties. The Clerk of Court
will not review each document for compliance with this rule.
H. Leave of Court Required To File Under Seal. A party wishing to file any
document under seal must obtain prior leave of Court for each document that is
requested to be filed under seal. A party must file a motion seeking leave to file
such documents under seal. Only after obtaining an order of Court granting such
a motion will a party be permitted to file a document under seal.
Comment (2016)
LCvR 5.2.H implements the Court’s standing Order dated January 27, 2005
(2:05-mc-00045-DWA) In re Confidentiality and Protective Orders in Civil
Matters, which ordered that effective July 1, 2005, any provision in a
Confidentiality Order or Protective Order filed on or after June 30, 2005 that
permits the parties to designate documents as confidential documents to be filed
with the Court under seal is null and void and that on or after July 1, 2005, parties
wishing to file documents under seal must obtain prior leave of Court for each
ECF document that is requested to be filed under seal.
LCvR 5.3 PROOF OF SERVICE WHEN SERVICE IS REQUIRED BY FED. R. CIV. P. 5
Except as otherwise provided by these rules, the filing or submission to the Court
by a party of any pleading or paper required to be served on the other parties
pursuant to Fed. R. Civ. P. 5, shall constitute a representation that a copy thereof
has been served upon each of the parties upon whom service is required. No
further proof of service is required unless an adverse party raises a question of
notice.
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LCvR 5.4 FILING OF DISCOVERY MATERIALS
A. No Filing of Discovery Materials. Discovery requests and responses
referenced in Fed. R. Civ. P. 5(d) shall not be filed with the office of the Clerk of
Court except by order of Court.
B. Discovery Materials Necessary to Decide a Motion. A party making or
responding to a motion or seeking relief under the Federal Rules of Civil
Procedure shall file only that portion of discovery requests and responses as
needed to decide the motion or determine whether relief should be granted.
C. Necessary Portions to be Filed With Clerk of Court. When discovery
requests and responses are needed for an appeal, upon an application and order
of the Court, or by stipulation of counsel, the necessary portion of the discovery
requests and responses shall be filed with the Clerk of Court.
D. Custodian of Discovery Materials. The party serving discovery requests or
responses or taking depositions shall retain the original and be custodian of it.
LCvR 5.5 FILING OF DOCUMENTS BY ELECTRONIC MEANS
Except for documents filed by pro se litigants, or as otherwise ordered by the
Court, documents must be filed, signed and verified by electronic means to the
extent and in the manner authorized by the Court's Standing Order regarding
Electronic Case Filing Policies and Procedures and the ECF User Manual. A
document filed by electronic means in compliance with this Local Rule
constitutes a written document for the purposes of applying these Local Rules,
the Federal Rules of Civil Procedure and the Federal Rules of Criminal
Procedure.
LCvR 5.6 SERVICE OF DOCUMENTS BY ELECTRONIC MEANS
Documents may be served through the Court's transmission facilities by
electronic means to the extent and in the manner authorized by the Standing
Order regarding Electronic Case Filing Policies and Procedures and the ECF
User Manual. Transmission of the Notice of Electronic Filing constitutes service
of the filed document upon each party in the case who is registered as a Filing
User. Any other party or parties shall be served documents according to these
Local Rules, the Federal Rules of Civil Procedure and the Federal Rules of
Criminal Procedure.
LCvR 7 MOTION PRACTICE AND STIPULATIONS
A. Motions Filed in Actions Pending in this Court. Motions in all civil actions
pending in this Court shall comply with the applicable Federal Rules of Civil
Procedure, the applicable Local Rules, the orders of the assigned Judge and the
practices and procedures of the assigned Judge that are posted at the following
internet link: http://www.pawd.uscourts.gov/pages/chamber.htm.
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B. Motions Not Filed in Actions Pending in this Court. All motions of a civil
nature that are not filed in a civil action pending in this Court shall comply with
the applicable Federal Rules of Civil Procedure and the applicable Local Rules,
shall be filed with the Clerk of Court upon payment of any appropriate filing fee,
and shall be served on any interested parties. The Court's fee schedule is
posted at the following internet link:
http://www.pawd.uscourts.gov/pages/fee.htm.
C. Discovery Motions. In addition to the general requirements of this LCvR 7,
any discovery motion filed pursuant to Fed. R. Civ. P. 26 through 37 shall comply
with the requirements of LCvR 37.1 and 37.2, and any motion in limine shall
comply with the requirements of LCvR 16.1.C.4.
D. Proposed Order of Court. All motions shall be accompanied by a proposed
order of Court.
E. Stipulations. The parties, without Court approval, may file a stipulation one
time which extends for a period not to exceed 45 days from the original due date
the time for filing either an answer to a complaint or a motion pursuant to Fed. R.
Civ. P. 12.
LCvR 7.1 DISCLOSURE STATEMENT AND RICO CASE STATEMENT
A. Disclosure Statement.
1. Disclosure Statement Required. A corporation, association, joint
venture, partnership, syndicate, or other similar entity appearing as a party or
amicus in any proceeding shall file a Disclosure Statement, at the time of the
filing of the initial pleading, or other Court paper on behalf of that party or as
otherwise ordered by the Court, identifying all parent companies,
subsidiaries, and affiliates that have issued shares or debt securities to the
public. In emergency or any other situations where it is impossible or
impracticable to file the Disclosure Statement with the initial pleading, or other
Court paper, it shall be filed within seven days of the date of the original filing.
For the purposes of this rule, "affiliate" shall be a person or entity that directly,
or indirectly through one or more intermediaries, controls, is controlled by, or
is under common control with, the specified entity; "parent" shall be an
affiliate controlling such entity directly, or indirectly through intermediaries;
and "subsidiary" shall be an affiliate controlled by such entity directly or
indirectly through one or more intermediaries.
2. Purpose of Disclosure Statement. The purpose of this Disclosure
Statement is to enable the Judges of this Court to determine the need for
recusal pursuant to 28 U.S.C. § 455 or otherwise. Counsel shall have the
continuing obligation to amend the Disclosure Statement to reflect relevant
changes.
3. Disclosure Statement Contents. The Disclosure Statement shall identify
the represented entity's general nature and purpose and if the entity is
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unincorporated. The statement shall include the names of any members of
the entity that have issued shares or debt securities to the public. No such
listing need be made, however, of the names of members of a trade
association or professional association. For purposes of this rule, a "trade
association" is a continuing association of numerous organizations or
individuals operated for the purpose of promoting the general commercial,
professional, legislative, or other interests of the membership. The form of
the Disclosure Statement is set forth in "Appendix LCvR 7.1.A" to these
Rules.
B. RICO Case Statement. Any party filing a civil action under 18 U.S.C.
§§ 1961-1968 shall file with the complaint, or within fourteen (14) days
thereafter, a RICO case statement in the form set forth at "Appendix LCvR
7.1.B" or in another form as directed by the Court.
LCvR 8 PLEADING UNLIQUIDATED DAMAGES
No party shall set forth in a pleading originally filed with this Court a specific
dollar amount of unliquidated damages in a pleading except as may be
necessary to invoke the diversity jurisdiction of the Court or to otherwise comply
with any rule, statute or regulation which requires that a specific amount in
controversy be pled in order to state a claim for relief or to invoke the jurisdiction
of the Court.
LCvR 10 PRO SE CIVIL RIGHTS ACTIONS BY INCARCERATED INDIVIDUALS
A. Approved Form Required. All pro se civil rights actions filed in this district
by incarcerated individuals shall be submitted on the Court approved form
supplied by the Clerk of Court. If the plaintiff does not use the Court approved
form, the complaint must substantially follow the form. Any complaint that does
not utilize or substantially follow the form, or does not comply with the
requirements set forth herein, may be returned to the pro se petitioner with a
copy of the court's standardized form, a statement of reasons for its return and a
directive that the prisoner resubmit the claims outlined in the original filing in
compliance with the Court's requirements.
A properly filed complaint must:
1. be submitted on the required form;
2. identify each defendant in the caption of the complaint; and
3. be signed by the plaintiff;
If additional pages are needed, they must be neatly written or typed, on one side
only, of 8½ by 11 inch paper, white in color for scanning purposes and ECF.
B. Responsibilities; Service. All individuals filing pro se civil rights actions
assume responsibilities inherent to litigation. Incarcerated individuals are not
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relieved of these responsibilities. One important obligation is the service of a
properly filed complaint. Failure to comply with the requirements set forth herein
may render the service of the complaint impossible and subject to dismissal for
failure to prosecute.
To effectuate proper service, a plaintiff must provide:
1. an identical copy of the complaint for each named defendant. It is the
plaintiff's responsibility, not that of the Clerk of Court or the Court, to
submit these copies;
2. a completed United States Marshals 285 Form for each and every
defendant named in the complaint. Additional copies of this form are
available either through the United States Marshal's Office or the Clerk of
Court;
3. a completed Notice of Lawsuit and Waiver of Service of Summons
form for each and every defendant named in the complaint who is not an
employee, or agency of, the federal government sued in his or her official
capacity. Additional copies of this form are available through the Office of
the Clerk of Court; and
4. a completed Summons form for each and every defendant that is an
employee, or agency of, the federal government, as well as an identical
copy of the complaint and a completed summons form for service on the
Attorney General of the United States and the United States Attorney for
the Western District of Pennsylvania.
C. Timing of Appointment of Counsel. Absent special circumstances, no
motions for the appointment of counsel will be granted until after dispositive
motions have been resolved.
D. Appeal. The pro se plaintiff shall have thirty (30) days to file an appeal with
the Third Circuit Court of Appeals from a final decision of the District Court on a
dispositive motion. Where it appears that the papers filed by a prisoner show
that he had delivered his notice of appeal to the prison authorities within 30 days
after the date of judgment from which the appeal is taken, the time for filing the
formal notice of appeal shall be extended for a period not to exceed 30 days
beyond the time required by Rule 4 of the Federal Rules of Appellate Procedure.
E. Powers of a Magistrate Judge. Within 21 days of commencement of a civil
rights proceeding, the plaintiff shall execute and file a "CONSENT TO
JURISDICTION BY UNITED STATES MAGISTRATE JUDGE" form, either
consenting to the jurisdiction of the Magistrate Judge or electing to have the case
randomly assigned to a District Judge. Respondent shall execute and file within
21 days of its appearance a form either consenting to the jurisdiction of the
Magistrate Judge or electing to have the case randomly assigned to a District
Judge. If all parties do not consent to Magistrate Judge jurisdiction, a District
Judge shall be assigned and the Magistrate Judge shall continue to manage the
case consistent with 28 U.S.C. § 636.
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The "CONSENT TO JURISDICTION BY UNITED STATES MAGISTRATE
JUDGE" form is available on this Court's website (www.pawd.uscourts.gov). If a
party elects to have the case assigned to a District Judge, the Magistrate Judge
shall continue to manage the case by deciding non-dispositive motions and
submitting reports and recommendations on the petition and on dispositive
motions, unless otherwise directed by the District Judge.
Comment (June 2008)
With regard to LCvR 10.D, examples of final judgments are Court orders that: 1) grant a motion
to dismiss, or a motion for judgment on the pleadings or a motion for summary judgment AND
2) end all claims against all defendants. If a Court order ends fewer than all claims against all
defendants, it generally cannot be appealed to the Third Circuit Court of Appeals until there is a
subsequent Court order that ends all of the remaining claims against all of the remaining
defendants.
LCvR 16.1 PRETRIAL PROCEDURES
A. Scheduling and Pretrial Conferences -- Generally.
1. There shall be two phases of pretrial scheduling as set forth in
LCvR 16.1.B: (1) a discovery phase to be governed by an initial
scheduling order; and (2) a post-discovery phase to be governed by a
final scheduling order.
2. As soon as practicable but not later than thirty (30) days after the
appearance of a defendant, the Court shall enter an order, which may be
revised as set forth in LCvR 16.1.A.3 below, setting forth the date and
time of an initial scheduling conference and the dates by which the parties
shall confer and file the written report required by Fed. R. Civ. P. 26(f),
which shall be in the form set forth at "Appendix LCvR 16.1.A" to these
Rules and shall be referred to as the Rule 26(f) Report. Unless the Court
finds good cause for delay, the initial scheduling conference shall take
place within the earlier of 90 days after any defendant has been served
with the complaint or 60 days after any defendant has appeared. The
Court may defer the initial scheduling conference if a motion that would
dispose of all of the claims within the Court's original jurisdiction is
pending.
3. The Court may conduct such further conferences as are consistent
with the circumstances of the particular case and this Rule, and may
revise any prior scheduling order for good cause.
4. Unrepresented parties are subject to the same obligations as those
imposed upon attorneys representing a party. All counsel and
unrepresented parties shall have sufficient knowledge of the claim
asserted, defenses presented, relief sought, and legal issues fairly raised
by the pleadings so as to allow for a meaningful discussion of all such
matters at each conference.
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5. Upon request or sua sponte, the Court may permit attendance by
telephone of counsel or unrepresented parties at any conference.
6. Scheduling conferences shall not be conducted in any civil action
involving Social Security claims, bankruptcy appeals, habeas corpus,
government collection and prisoner civil rights, unless the Court to whom
the case is assigned directs otherwise.
B. Scheduling Orders and Case Management.
1. Initial Scheduling Order. Unless the Court finds good cause for
delay, the Court shall issue the initial scheduling order as soon as
practicable but no later than at or immediately after the initial scheduling
conference. Such conference shall take place within the earlier of 90
days after any defendant has been served with the complaint or 60 days
after any defendant has appeared. The initial scheduling order shall set
forth dates for the following:
a. the topics identified in Fed. R. Civ. P. 16(b)(3)(A);
b. completion of fact discovery;
c. a post-discovery status conference to be held within thirty (30)
days after the completion of fact discovery; and
d. designation, if appropriate, of the case for arbitration, mediation,
early neutral evaluation, or appointment of a special master or other
special procedure;
2. Additional Topics. The initial scheduling order may also address:
a. The topics identified in Fed. R. Civ. P. 16(b)(3)(B)(i)-(vii);
b. Dates for completion of expert discovery, including the dates for
expert disclosures required by Fed. R. Civ. P. 26(a)(2) and the
dates by which depositions of experts shall be completed;
c. Such limitations on the scope, method or order of discovery as
may be warranted by the circumstances of the particular case to
avoid duplication, harassment, delay or needless expenditure of
costs; and
d. The date to file dispositive motions at an early stage of the
proceedings (i.e., before completion of fact discovery or submission
of experts' reports).
3. Final Scheduling Order. At the post-discovery status conference or
as soon thereafter as practicable, the Court shall enter a final scheduling
order that sets forth dates for the following:
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a. Filing dispositive motions and responses thereto;
b. Filing motions in limine and motions to challenge the
qualifications of any proposed expert witness and/or the substance
of such expert's testimony;
c. Filing pretrial statements required by LCvR 16.1.C;
d. Further conferences before trial including the final pretrial
conference.
4. Additional Topics. The final scheduling order may also include:
a. The presumptive trial date; and
b. Any other matters appropriate in the circumstances of the case.
5. Requirement to Confer; Scheduling Motion Certificate. Before
filing a motion to modify any scheduling order, counsel or an
unrepresented party shall confer with all other counsel and unrepresented
parties in an effort to reach agreement on the proposed modification.
Unless a motion to modify the scheduling order is filed jointly by all
parties, any motion to modify shall be accompanied by a certificate of the
movant denominated a Scheduling Motion Certificate stating that all
parties have conferred with regard to the proposed modification and
stating whether all parties consent thereto.
C. Pretrial Statements and Final Pretrial Conference.
1. By the date specified in the Court's scheduling order, which generally
will be no sooner than 30 days after the close of discovery (including
expert discovery), counsel for the plaintiff or an unrepresented plaintiff
shall file and serve a pretrial statement. The pretrial statement shall
include:
a. a brief narrative statement of the material facts that will be
offered at trial;
b. a statement of all damages claimed, including the amount and
the method of calculation of all economic damages;
c. the name, address and telephone number of each witness,
separately identifying those whom the party expects to present and
those whom the party may call if the need arises, and identifying
each witness as a liability and/or damage witness;
d. the designation of those witnesses whose testimony is expected
to be presented by means of a deposition and the designation of the
portion of each deposition transcript (by page and line number) to
be presented if already deposed (and, if not taken stenographically,
a transcript of the pertinent portions of the deposition testimony);
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e. an appropriate identification of each document or other exhibit,
including summaries of other evidence, separately identifying those
that the party expects to offer and those that the party may offer if
the need arises and assigning an exhibit number to those that the
party expects to offer;
f. a list of legal issues that the party believes should be addressed
at the final pretrial conference;
g. copies of all expert disclosures that the party made pursuant to
Fed. R. Civ. P. 26(a)(2) with respect to expert witnesses identified in
the pretrial statement pursuant to LCvR 16.1.C.1.c; and
h. copies of all reports containing findings or conclusions of any
physician who has treated, examined, or has been consulted in
connection with the injuries complained of, and whom a party
expects to call as a witness at the trial of the case.
2. Within 30 days of filing of the plaintiff's pretrial statement, counsel for
the defendant or an unrepresented defendant shall file a pretrial
statement meeting the requirements set forth in LCvR 16.1.C.1, including
defenses to the damages claims asserted against the defendant by any
party and a statement of all damages claimed by the defendant in
connection with a counterclaim, cross-claim or third party claim, including
the amount and the method of calculation of all economic damages.
3. Within 30 days of the filing of the defendant's pretrial statement,
counsel for any third-party defendant or an unrepresented third-party
defendant shall file a pretrial statement meeting the requirements set forth
above for plaintiffs and/or for defendants, as appropriate.
4. Before filing a motion in limine, counsel or an unrepresented party
shall confer with all other counsel and unrepresented parties in an effort
to reach agreement on the issue to be raised by the motion. In the event
an agreement is not reached, the motion in limine shall be accompanied
by a certificate of the movant denominated a Motion in Limine Certificate
stating that all parties made a reasonable effort to reach agreement on
the issue raised by the motion.
5. Following the filing of the pretrial statements, counsel and any
unrepresented parties shall meet with the Court at a time fixed by the
Court for a final pretrial conference. Prior to and in preparation for the
conference, counsel and unrepresented parties shall:
a. make available for examination by opposing counsel or opposing
unrepresented parties all exhibits identified in the pretrial statement
and examine all exhibits made available by opposing counsel or
opposing unrepresented parties;
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b. confer and determine in a jury case whether counsel and any
unrepresented parties can agree that the case shall be tried non-
jury. If an agreement is reached, the parties shall report to the
Court at the conference. If no agreement is reported, no inquiry
shall be made by the Court and no disclosure shall be made by any
counsel or unrepresented party identifying the counsel or party who
failed to agree; and
c. unless previously filed or otherwise ordered, prepare a motion
accompanied by or containing supporting legal authority for
presentation at the final pretrial conference on any legal issues that
have not been decided.
6. Unless otherwise ordered by the Court, the following shall be done at
the final pretrial conference:
a. counsel and any unrepresented party shall indicate on the record
whether the exhibits of any other party are agreed to or objected to,
and the reason for any objection;
b. motions prepared pursuant to LCvR 16.1.C.5.c shall be
presented, accompanied by or containing supporting legal authority;
c. counsel and any unrepresented party shall be prepared to
disclose and discuss the evidence to be presented at trial, including
(a) any anticipated use of trial technology in the presentation of
evidence or in the opening statement or closing argument, and
(b) any anticipated presentation of expert testimony and any
challenges thereto;
d. counsel and any unrepresented parties shall advise the Court of
any depositions for use at trial of experts or unavailable witnesses
that they anticipate will or may be taken after the final pretrial
conference and the timing of the depositions. Subject to the
provisions of Fed. R. Civ. P. 26 and 37 regarding the identification
and disclosure of witnesses, absent good cause shown by an
objecting party, the deposition shall be permitted on such terms as
ordered by the Court. In the event that such deposition will be taken
other than by stenographic means, the party taking the deposition
shall have the deposition transcribed and the transcript shall be
made available for the Court to make rulings on any objections
raised during the course of the deposition. Prior to use in the trial,
the party offering the testimony shall edit any video recording to
reflect the Court's ruling on objections;
e. counsel shall have inquired of their authority to settle and shall
have their clients present or available by phone. The Court shall
inquire whether counsel have discussed settlement;
f. counsel and any unrepresented party wishing to supplement his
or her pretrial statement shall file and serve a motion to do so not
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less than seven (7) days before the final pretrial conference, which
motion shall be granted in the absence of prejudice to another party;
g. if not previously done, the Court shall schedule the case for trial;
and
h. such record shall be made of the conference as the Court orders
or as any party may request.
7. Failure to fully disclose in the pretrial statements (or, as permitted by
the Court, at or before the final pretrial conference) the substance of the
evidence proposed to be offered at trial, may result in the exclusion of
that evidence at trial, at a hearing or on a motion unless the parties
otherwise agree or the Court orders otherwise. The only exception will be
evidence used for impeachment purposes.
8. In the event that the civil action has not been tried within 12 months of
the final pretrial conference, the Court upon request of any party shall
schedule a status conference to discuss the possibility of settlement and
establish a prompt trial date.
D. Procedures Following Disclosure Of Information That May Be
Privileged.
1. Unless a party requests otherwise, the following language will be
included in the Scheduling Order to aid in the implementation of Fed. R.
Evid. 502:
a. The producing party shall promptly notify all receiving parties of
the inadvertent production of any material protected by the attorney-
client privilege and/or that constitutes trial preparation material as
set forth in Fed. R. Civ. P. 26(b)(3). Any receiving party who has
reasonable cause to believe that it has received material protected
by the attorney-client privilege and/or that constitutes trial
preparation material shall promptly notify the producing party.
b. Upon receiving notice of inadvertent production, any receiving
party shall immediately retrieve all copies of the inadvertently
disclosed material and sequester such material pending a resolution
of the producing party's claim either by the Court or by agreement of
the parties.
c. If the parties cannot agree as to the resolution of a claim of
privilege or a claim of protection as trial preparation material, the
producing party may move the Court for a resolution within 30 days
of the notice set forth in subparagraph (a). Nothing herein shall be
construed to prevent a receiving party from moving the Court for a
resolution, but such motion must be made within the 30-day period.
2. As provided in Fed. R. Evid. 502(d), the Court may enter an Order
stating that the production of material protected by the attorney-client
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privilege and/or that constitutes trial preparation material, regardless of
inadvertence, does not result in a waiver of the privilege or protection
attaching to said material for purposes of the proceeding pending before
the Court or in any other federal or state proceeding. A model Order is
located at “Appendix LCvR 16.1.D.”
Comment (2016)
Regarding LCvR 16.1.C.1 and LCvR 16.1.C.6, courts that have dealt with the issue have split
on whether depositions of witnesses for use at trial may be taken after the passing of the
discovery deadline. Compare RLS Assocs., LLC v. United Bank of Kuwait PLC, 2005 U.S. Dist.
LEXIS 3815, 66 Fed. R. Evid. Serv. (CBC) 924 (S.D.N.Y. Mar. 9, 2005) and Estenfelder v.
Gates Corp., 199 F.R.D. 351 (D. Colo. 2001) with Crawford v. United States, No. 11-cv-666-
JED-PJC, 2013 WL 249360 at 4 (N.D. Okla, Jan 23, 2013) and Integra Lifesciences I, Ltd. v.
Merck KgaA, 190 F.R.D. 556, 1999 U.S. Dist. LEXIS 21170 (S.D. Cal. 1999). As a general
matter, (1) a party should not have to depose its own witnesses during discovery, (2) should not
have to spend the money to take for-trial depositions until it became likely that a trial would
actually occur, and (3) litigants are entitled to present their relevant and admissible evidence at
trial. Accordingly, the Local Rule addresses the issue in the context of the pre-trial conference
by requiring the parties and the Court to set a time, after the filing of the pre-trial statements and
before trial within which depositions for use at trial may be taken. In addition, assuming the
witness was properly disclosed under Fed. R. Civ. P. 26, the Local Rule places the burden on a
party opposing the taking of a deposition for use at trial to show good cause why any such
deposition should not be permitted.
LCvR 16.2 ALTERNATIVE DISPUTE RESOLUTION
A. Effective Date and Application. LCvR 16.2 shall govern all actions as the
Board of Judges shall determine, from time to time, commenced on or after
June 1, 2006, with the exception of Social Security cases and cases in which a
prisoner is a party. Cases subject to LCvR 16.2 also remain subject to the other
Local Rules of the Court.
B. Purpose. The Court recognizes that full, formal litigation of claims can
impose large economic burdens on parties and can delay resolution of disputes
for considerable periods. The Court also recognizes that an alternative dispute
resolution ("ADR ") procedure can improve the quality of justice by improving the
parties' understanding of their case and their satisfaction with the process and
the result. The Court adopts LCvR 16.2 to make available to litigants a broad
range of Court-sponsored ADR processes to provide quicker, less expensive and
potentially more satisfying alternatives to continuing litigation without impairing
the quality of justice or the right to trial. The Court offers diverse ADR services to
enable parties to pursue the ADR process that promises to deliver the greatest
benefits to their particular case. In administering these Local ADR Rules and the
ADR program, the Court will take appropriate steps to assure that no referral to
ADR results in an unfair or unreasonable economic burden on any party.
C. ADR Options. The Court-sponsored ADR options for cases include:
1. Mediation
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2. Early Neutral Evaluation
3. Arbitration
D. ADR Designation. At the Rule 26(f) "meet and confer" conference, the
parties are required to discuss and, if possible, stipulate to an ADR process for
that case. The Rule 26(f) written report shall (1) designate the specific ADR
process that the parties have selected, (2) specify the time frame within which
the ADR process will be completed, and (3) set forth any other information the
parties would like the Court to know regarding their ADR designation. The
parties shall use the form provided by the Court. When litigants have not
stipulated to an ADR process before the Scheduling Conference contemplated
by LCvR 16.1, the assigned Judge will discuss the ADR options with counsel and
unrepresented parties at that conference. If the parties cannot agree on a
process before the end of the Scheduling Conference, the Judge will make an
appropriate determination and/or selection for the parties.
E. ADR Practices and Procedures. The ADR process is governed by the ADR
Policies and Procedures, as adopted by the Board of Judges for the United
States District Court for the Western District of Pennsylvania, which sets forth
specific and more detailed information regarding the ADR process, and which
can be accessed either on the Court's official website (www.pawd.uscourts.gov)
or from the Clerk of Court.
LCvR 17.1 MINORS OR INCOMPETENT PERSONS -- COMPROMISE SETTLEMENT,
DISCONTINUANCE AND DISTRIBUTION
A. Court Approval Required. No action to which a minor is a party shall be
compromised, settled, discontinued or dismissed except after approval by the
Court pursuant to a petition presented by the guardian of the minor or the natural
guardian of the minor, such as the circumstances might require.
B. Contents of Petition. In all such cases, the minor's attorney shall file with
the Clerk of Court, as part of the record, a petition containing (1) a statement of
the nature of the evidence relied on to show liability, (2) the elements of damage,
(3) a statement of the services rendered by counsel, (4) the expenses incurred or
to be incurred and (5) the amount of fees requested. The petition shall contain
written statements of minor's attending physicians, setting forth the nature of the
injuries and the extent of recovery. If required by the Judge, such statements of
attending physicians shall be in affidavit form. The petition shall be verified by
the affidavit of the minor's counsel. In claims for property damage, the extent of
the damage shall be described and the statement shall be supported by the
affidavit of the person who appraised the damage or made the repairs.
C. Contents of Court Order. When a compromise or settlement has been so
approved by the Court, or when a judgment has been entered upon a verdict or
by agreement, the Court, upon petition by the guardian or any party to the action,
shall make an order approving or disapproving any agreement entered into by
the guardian for the payment of counsel fees and other expenses out of the fund
created by the compromise, settlement or judgment; or the Court may make such
order as it deems proper fixing counsel fees and other proper expenses. The
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Court shall then order the balance of the fund to be paid to the guardian of the
estate of the minor qualified to receive the fund except that if the amount payable
to the minor does not exceed the sum of one hundred thousand dollars
($100,000.00), the Court may order the monies deposited in a federally insured
bank or savings and loan in an account to be marked "not to be withdrawn until
majority has been attained or further order of Court." If the amount of anticipated
interest would cause the account to exceed $100,000.00, then the Court may
order the deposit to be made in two or more savings institutions. If the minor has
no guardian of his or her estate and the balance does not exceed ten thousand
dollars ($10,000.00), the Court on its own motion or upon petition of any person
entitled to apply for the appointment of a guardian for the minor may authorize
the amount of the judgment to be paid to the guardian of the person, the natural
guardian, the person by whom the minor is maintained, or the minor.
D. Payment of Funds. When a judgment has been entered in favor of a minor
plaintiff and no petition has been filed under the provision of Subparagraph C of
this rule, the amount of the judgment shall be paid only to a guardian of the
estate of the minor qualified to receive the fund. If the minor has no such
guardian and the judgment does not exceed ten thousand dollars ($10,000.00),
the Court on its own motion or upon petition of any person entitled to apply for
the appointment of a guardian for the minor may authorize the amount of the
judgment to be paid to the guardian of the person, the natural guardian, the
person by whom the minor is maintained, or the minor.
LCvR 17.2 SETTLEMENT PROCEDURE FOR SEAMAN SUITS
A. Court Approval Required. No suit in admiralty or civil action to which a
seaman is a party shall be compromised, settled, discontinued or amicably or
voluntarily dismissed except after approval by the Court pursuant to a petition
presented by the seaman's attorney and upon payment to the Clerk of Court of
the filing fee.
B. Contents of Petition. In all such cases, the seaman's attorney shall file with
the Clerk of Court, as part of the record, a petition containing:
1. a statement of the essential facts relating to liability;
2. the elements of claimed damage, including a statement of amounts
already paid to or on behalf of the seaman;
3. a statement of services rendered by counsel;
4. the expenses incurred or to be incurred by counsel; and
5. the amount of fees and expenses requested by counsel.
The petition shall also include copies of written statements of those physicians
who have treated or examined the seaman setting forth the nature of the injuries
and the extent of recovery and a copy of the release, if any, signed or to be
signed by the seaman. The petition shall be verified by the seaman's attorney.
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C. Seaman to Appear. No such compromise, settlement, discontinuance or
dismissal shall be approved by the Court unless the seaman appears in open
Court before the Judge to whom the petition is presented. At such time, the
Court shall examine the seaman under oath in order to insure that the seaman's
rights are fully protected and that he or she comprehends the nature of the action
being taken by him or her and on his or her behalf before such petition and
release shall be approved and order entered thereon.
D. Contents of Court Order. When a compromise or settlement has been so
approved by the Court, or when a judgment has been entered on a verdict or by
agreement, the Court, upon petition filed by the seaman's counsel, shall make an
order approving or disapproving the agreement entered into by the attorney and
the seaman for the payment of counsel fees and other expenses out of the fund
created by the compromise, settlement or judgment; or the Court may make such
order as it deems proper, fixing counsel fees and other proper expenses. The
petition to be filed by counsel for the seaman in those instances where a
judgment has been entered need only contain a statement of those matters
referred to in LCvR 17.2.B.1-.5. The Court shall then order the balance of the
fund to be paid to the seaman unless he or she be a minor or an incompetent, in
which case the Court shall order the balance of the fund to be paid to a guardian
of the estate of the seaman qualified to receive the fund.
LCvR 23 CLASS ACTIONS AND COLLECTIVE ACTIONS
The following procedures will govern class action and collective action
proceedings in this district, except as otherwise provided in applicable federal
statutes.
A. Class Action Information.
1. The caption of the complaint in any action sought to be maintained as a
class action shall include in the legend "Complaint-Class Action."
2. If not included in the Complaint, a statement shall be filed with the
Complaint under a separate heading styled "Class Action Statement,"
which shall contain the following information:
a. the proposed definition of the alleged class; and
b. information relating to the class action, including:
i. the size (or approximate size) of the alleged class;
ii. the alleged questions of law or fact claimed to be common to
the class;
iii. the basis upon which the claims or defenses of the
representative parties are typical of the claims or defenses of the
class; and
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iv. the basis upon which the representative parties will fairly and
adequately protect the interests of the class.
B. Initial Disclosures. For any action sought to be maintained as a class
action, the initial disclosures provided by all parties pursuant to Fed. R. Civ. P.
26(a)(1) shall include disclosures regarding the class certification allegations and
any defenses thereto.
C. Matters to be Addressed at Initial Scheduling Conference (hereafter
"Pretrial Conference"). In addition to the requirements of Fed. R. Civ. P. 16,
with respect to any case in which class claims are alleged, the parties should be
prepared to address the following topics at the Pretrial Conference:
1. the timing of the filing of a motion for class certification;
2. the appointment of interim class counsel;
3. the scope of any discovery, including any discovery of Electronically
Stored Information consistent with the provisions of LCvR 26.2, necessary
for resolution of any class certification motion;
4. the briefing schedule; and
5. the timing of and plan for any methods for alternative dispute resolution
to be utilized.
D. Time and Expense Records. Anyone seeking Court approval for payment
for legal services rendered or costs advanced in a class action will maintain
contemporaneous time and expense records. Upon request of Lead Class
Counsel, time and expense records will be provided to that counsel or its
designee on a periodic basis. The Court will inform counsel of any specific
requirements that it has regarding record keeping at the Pretrial Conference.
E. Joint Report of the Parties. At least seven (7) days prior to the Pretrial
Conference, the parties shall submit a "Joint Report of the Parties and Proposed
Scheduling and Discovery Order -- Class Action" setting forth their respective
positions on the timing and scope of class certification discovery, the filing of a
motion for class certification, and the appointment of class counsel. A form "Joint
Report of the Parties and Proposed Scheduling and Discovery Order -- Class
Action" is available. See "Appendix LCvR 23.E." This is in lieu of the Fed. R.
Civ. P. 26(f) Report. To the extent appropriate given the facts of the case, the
parties are encouraged to stipulate to any facts regarding the approximate size
and definition of the class, the qualifications of proposed class counsel, and any
other matters relevant to the findings to be made by the Court under Fed. R. Civ.
P. 23.
F. Order Following Pretrial Conference. After the Pretrial Conference, the
Court will enter an order addressing the matters discussed at the Pretrial
Conference. The Court may require the parties to draft a proposed order.
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G. Conference Following Class Certification Decision. After resolution of the
motion for class certification, the Court will schedule a conference to discuss how
the case will proceed in light of the ruling on class certification. At this
conference, the parties should be prepared to discuss the following topics:
1. if a party has sought appeal of the decision pursuant to Fed. R. Civ. P.
23(f), whether or not any party will seek a stay of proceedings before the
District Court;
2. disclosures not otherwise provided in initial Fed. R. Civ. P. 26(a)(1)
disclosure;
3. the completion of any remaining discovery; and
4. if applicable, a plan of notice.
H. Notice to the Class. If a class is certified and notice is required under either
Fed. R. Civ. P. 23 or LCvR 100.2, or otherwise directed by the Court, prior to the
conference following the class certification decision, the parties shall meet and
make efforts to agree on the text of the proposed class notice, the manner of
class notice, and the procedures to be used to identify the class. To the extent
the parties cannot agree on these matters, they shall file jointly a proposed plan
for class notice and the language on which they do agree. On the matters on
which they disagree, the parties may provide briefs to supplement their position.
Once the Court approves a plan of class notice and a form of class notice, the
Approved Class Notice shall be posted on the Court's website, in addition to any
other notice procedures approved by the Court. Notice to be posted on the
Court's website shall contain the following disclaimer:
I. Class Settlements. Parties seeking approval of any class settlement,
voluntary dismissal, or compromise shall provide the Court with sufficient
information for the Court to make findings with respect to the fairness and
reasonableness of the settlement to the class.
J. Collective Actions. Civil actions containing Collective Action claims
involving a group or groups of multiple plaintiffs who may elect to join or "opt into"
the action as plaintiffs, e.g., The Age Discrimination in Employment Act, 29
U.S.C. 621, et seq., or the Fair Labor Standards Act, 29 U.S.C. 201 et seq., shall
be managed to the extent practicable in accordance with the provisions of LCvR
23, subject to the following:
1. The caption of a Complaint asserting a Collective Action claim shall
include in the legend "Complaint -- Collective Action." If not included in the
Complaint, a statement shall be filed with the Complaint under a separate
CONTACT COUNSEL
IDENTIFIED IN THIS NOTICE IF
YOU HAVE ANY QUESTIONS.
DO NOT CONTACT THE COURT.
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heading styled "Collective Action Statement," which shall contain the
following:
a. the proposed definition of the alleged Collective Action;
b. the size (or approximate size) of the alleged Collective Action;
and
c. the questions of law or fact claimed to be common to the
Collective Action.
2. LCvR 23.H shall not apply to Collective Action claims.
3. If a Complaint seeking class certification of Class Action claims also
asserts Collective Action claims, the Class Action claims shall be governed
by LCvR 23.
Comment (June 2008)
Counsel should acquaint themselves with the requirements of Fed. R. Civ. P. 23, the
accompanying advisory committee notes, and the latest version of the Manual on Complex
Litigation with respect to discovery and other practices in class actions.
LCvR 24 NOTICE OF CONSTITUTIONAL QUESTION
A. Notification to Court Required. In any action, suit, or proceeding in which
the United States or any agency, officer, or employee thereof is not a party and in
which the constitutionality of an Act of Congress affecting the public interest is
drawn in question, or in any action, suit or proceeding in which a state or any
agency, officer, or employee, thereof is not a party, and in which the
constitutionality of any statute of that state affecting the public interest is drawn in
question, the party raising the constitutional issue shall notify the Court of the
existence of the question either by checking the appropriate box on the civil
cover sheet or by stating on the pleading that alleges the unconstitutionality,
immediately following the title of that pleading, "Claim of Unconstitutionality" or
the equivalent.
B. Failure to Comply Not Waiver. Failure to comply with this rule will not be
grounds for waiving the constitutional issue or for waiving any other rights the
party may have. Any notice provided under this rule, or lack of notice, will not
serve as a substitute for, or as a waiver of, any pleading requirement set forth in
the federal rules or statutes.
LCvR 26.1 DISCOVERY MOTIONS
In addition to the general requirements of LCvR 7.1, any discovery motion filed
pursuant to Fed. R. Civ. P. 26 through 37 shall comply with the requirements of
LCvR 37.1 and 37.2.
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LCvR 26.2 DISCOVERY OF ELECTRONICALLY STORED INFORMATION
A. Duty to Investigate. Prior to a Fed. R. Civ. P. 26(f) conference, counsel
shall:
1. Investigate the client's Electronically Stored Information ("ESI"), such
as email, electronic documents, and metadata, and including computer-
based and other digital systems, in order to understand how such ESI is
stored; how it has been or can be preserved, accessed, retrieved, and
produced; and any other issues to be discussed at the Fed. R. Civ. P. 26(f)
conference.
2. Identify a person or persons with knowledge about the client's ESI, with
the ability to facilitate, through counsel, preservation and discovery of ESI.
B. Designation of Resource Person. In order to facilitate communication and
cooperation between the parties and the Court, each party shall, if deemed
necessary by agreement or by the Court, designate a single resource person
through whom all issues relating to the preservation and production of ESI should
be addressed.
C. Preparation for Meet and Confer. Prior to the Fed. R. Civ. P. 26(f)
conference, the parties should refer to both the Checklist for Rule 26(f) Meet and
Confer Regarding Electronically Stored Information set forth in “Appendix LCvR
26.2.C-CHECKLIST” to these Rules, and the Guidelines for the Discovery of
Electronically Stored Information set forth in “Appendix LCvR 26.2.C-
GUIDELINES” to these Rules.
D. Duty to Meet and Confer. At the Fed. R. Civ. P. 26(f) conference, and upon
a later request for discovery of ESI, counsel shall meet and confer, and attempt
to agree, on the discovery of ESI.
E. Case Management Conference. Prior to the case management conference,
the parties shall complete and file a copy of the form Rule 26(f) Report of the
Parties set forth in “Appendix LCvR 16.1.A” to these Rules or the form Rule 26(f)
Report (Class Actions) set forth in “Appendix LCvR 23.E” to these Rules, as
applicable. At the direction of the Court, the parties may be required to submit a
draft of the Stipulated Order re: Discovery of Electronically Stored Information for
Standard Litigation set forth in “Appendix LCvR 26.2.E-MODEL ORDER” to these
Rules. The parties may also choose to file an order under Rule 502(d) such as
the model Order set forth in “Appendix LCvR 16.1.D” to these Rules.
Comment (revised 2016)
1. Regarding LCvR 26.2.B, the resource person must have sufficient familiarity with the party’s
ESI to meaningfully discuss technical issues and provide reliable information relative to the
preservation and production of ESI. The resource person is permitted to, and, in fact,
encouraged to, involve persons with technical expertise in these discussions, including the
client, client’s employee, or a third party. The resource person may be an individual party, a
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party’s employee, a third party, or a party’s attorney, and may be the same person referenced in
LCvR 26.2.A.2.
2. Regarding LCvR 26.2.D, the parties have an ongoing obligation to supplement their
disclosures. See Fed. R. Civ. P. 26.
3. Detailed information regarding the Court’s Electronic Discovery Mediation and Special
Master, along with other ESI resources, can be found on the Court’s website at
http://www.pawd.uscourts.gov/ed-information.
LCvR 26.3 CERTIFICATION BY SERVING OR FILING ELECTRONIC DOCUMENTS
Unless actual notice to the contrary is given in writing by the serving party,
service under these Local Civil Rules of any electronic document containing an
electronic representation of the original signature of any person shall constitute a
certification by the server that as of the time of service he or she is in possession
of the signer's actual original signature on a hard copy of the electronic document
served. Service by a party or any counsel under LCvRs 33, 34 or 36 of
responses to interrogatories, requests for production or requests for admission
("Written Discovery") shall constitute a certification by the server of such
responses that no alteration has been made to the Written Discovery as originally
served upon such party or counsel. The filing with the Court for any purpose by
any party or counsel of Written Discovery or responses thereto served in
electronic form pursuant to LCvRs 33, 34 and 36 shall constitute the certification
by such party or counsel that the content of such electronic document so filed is
the same as when it was served or received by the filing party.
LCvR 30 VIDEOTAPE DEPOSITIONS
A. Procedures.
1. Witnesses shall be placed under oath on the video-record.
2. Immediately upon the conclusion of the deposition, the operator shall
label the recording by deponent's name, caption of the case, and case
number.
B. Objections During Deposition.
1. Evidence objected to shall be taken subject to the objections. All
objections shall be noted upon an index listing pertinent videotape reel and
videotape recorder counter numbered by the operator, which index shall
be retained with the videotape recording.
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LCvR 31 SERVING NOTICES AND WRITTEN QUESTIONS IN ELECTRONIC FORM
Any party serving any notice or written questions pursuant to the provisions of
Rules 31(a)(3), 31(a)(5) or 31(b) of the Fed. R. Civ. P. may serve such notice or
written questions in electronic form.
LCvR 33 SERVING AND RESPONDING TO INTERROGATORIES TO PARTIES IN
ELECTRONIC FORM
A. Electronic Form. Any party may, pursuant to Rule 33 of the Fed. R. Civ. P.,
serve upon any other party interrogatories in Writable Electronic Form (as
hereinafter defined) and require that written answers to such interrogatories also
be provided in electronic form, except that a responding party shall retain the
option to produce business records in the form and manner permitted pursuant to
Fed. R. Civ. P. 33(d). Upon request by any party, interrogatories must be served
upon that party in Writable Electronic Form. Unless the serving party specifically
requests that the written answers be provided in hard-copy form, the responding
party shall provide the written answers to such interrogatories in electronic form.
Any party responding in electronic form to interrogatories may serve such
response in a form that may not be altered.
B. Definition of Writable Electronic Form. "Writable Electronic Form" means
a format that allows the recipient to copy or transfer the text of the document into
the written answer or written response, or permits the written answer or written
response to be typed directly into the document, and thus avoids the need to
retype the text.
C. Hard Copy Form. In the event that the parties elect not to use the electronic
form for interrogatories or written responses thereto, interrogatories shall be
prepared in such a fashion that sufficient space for insertion of the written
responses thereto is provided after each interrogatory or sub-section thereof.
The original and two (2) copies shall be served upon the party to whom such
interrogatories is directed. The responding party shall insert answers on the
original interrogatories served upon him or her and shall retain the original and
be the custodian of it. If there is not sufficient space on the original for insertion
of written responses, the responding party may use and attach supplemental
pages for the written responses. In lieu of the foregoing procedure, the
responding party may retype each interrogatory with the response to such
interrogatory appearing immediately thereafter.
LCvR 34 SERVING AND RESPONDING TO REQUESTS FOR PRODUCTION IN
ELECTRONIC FORM
A. Electronic Form. Any party may, pursuant to Rule 34 of the Fed. R. Civ. P.,
serve upon any other party requests for production in Writable Electronic Form
(as defined in LCvR 33.B) and require that written responses thereto also be
provided in electronic form, except that a party producing documents or
electronically stored information shall produce them in the manner and form as
may be permitted or required pursuant to Fed. R. Civ. P. 34(b)(2)(E). Upon
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request by any party, requests for production must be served upon the
requesting party in Writable Electronic Form. Unless the serving party
specifically requests that the written responses be provided in hard-copy form,
the responding party shall provide the written responses to such requests for
production in electronic form. Any party responding in electronic form to requests
for production may serve such written response in a form which may not be
altered.
B. Hard Copy Form. In the event that the parties elect not to use the electronic
form for requests for production or written responses thereto, requests for
production shall be prepared in such a fashion that sufficient space for insertion
of the written responses thereto is provided after each request or sub-section
thereof. The original and two (2) copies shall be served upon the party to whom
such request for production is directed. The responding party shall insert written
responses on the original request for production served upon him or her and
shall retain the original and be the custodian of it. If there is not sufficient space
on the original for insertion of written responses, the responding party may use
and attach supplemental pages for the written responses. In lieu of the foregoing
procedure, the responding party may retype each request with the written
response to each such request appearing immediately thereafter.
LCvR 36 SERVING AND RESPONDING TO REQUESTS FOR ADMISSION IN
ELECTRONIC FORM
A. Electronic Form. Any party may, pursuant to Rule 36 of the Fed. R. Civ. P.,
serve upon any other party requests for admission in Writable Electronic Form
(as defined in LCvR 33.B) and require that written answers thereto also be
provided in electronic form. Upon request by any party, requests for admission
must be served upon the requesting party in Writable Electronic Form. Unless
the serving party specifically requests that the written answers be provided in
hard-copy form, the responding party shall provide the written answers to such
requests for admission in electronic form. Any party responding in electronic
form to requests for admission may serve such written response in a form which
may not be altered.
B. Hard Copy Form. In the event that the parties elect not to use the electronic
form for requests for admission or written responses thereto, requests for
admission shall be prepared in such a fashion that sufficient space for insertion
of the written responses thereto is provided after each request or sub-section
thereof. The original and two (2) copies shall be served upon the party to whom
such request for admission is directed. The responding party shall insert written
answers on the original request for admission served upon him or her and shall
retain the original and be the custodian of it. If there is not sufficient space on the
original for insertion of written responses, the responding party may use and
attach supplemental pages for the written responses. In lieu of the foregoing
procedure, the responding party may retype each request with the written
response to each such request appearing immediately thereafter.
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LCvR 37.1 REFERRAL OF DISCOVERY MOTIONS BY CLERK OF COURT
All discovery motions shall be referred to the member of the Court to whom the
case was assigned for disposition, except in cases where such matters may be
required to be submitted to the emergency or miscellaneous judge, or the judge
to whom matters may be temporarily referred by the judge to whom the case was
assigned.
LCvR 37.2 FORM OF DISCOVERY MOTIONS
Any discovery motion filed pursuant to Fed. R. Civ. P. 26 through 37 shall
include, in the motion itself or in an attached memorandum, a verbatim recitation
of each interrogatory, request, answer, response, and objection which is the
subject of the motion or a copy of the actual discovery document which is the
subject of the motion.
LCvR 40 ASSIGNMENT OF ACTIONS
A. Civil Action Categories. All civil actions in the Court shall be divided into
the following categories:
1. antitrust and securities cases;
2. labor-management relations;
3. habeas corpus;
4. civil rights;
5. patent, copyright, and trademark;
6. eminent domain;
7. all other federal question cases;
8. all personal and property damage tort cases, including maritime,
F.E.L.A., Jones Act, motor vehicle, products liability, assault, defamation,
malicious prosecution, and false arrest;
9. insurance, indemnity, contract, and other diversity cases; or
10. government collection cases (includes inter alia, Health & Human
Services (formerly Health, Education and Welfare) student loans, Veterans
Administration overpayment, Social Security overpayment, enlistment
overpayment, Housing & Urban Development loans, General Accounting
Office loans, mortgage foreclosures, Small Business Administration loans,
civil and coal mine penalties, and reclamation fees).
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B. Criminal Action Categories. All criminal cases in this district shall be
divided into the following categories:
1a. Narcotics and Other Controlled Substances, 1 to 2 Defendants
1b. Narcotics and Other Controlled Substances, 3 to 9 Defendants
1c. Narcotics and Other Controlled Substances, 10 or more
Defendants
2a. Fraud and Property Offenses, 1 to 2 Defendants
2b. Fraud and Property Offenses, 3 to 9 Defendants
2c. Fraud and Property Offenses, 10 or more Defendants
3. Crimes of Violence
4. Sex Offenses
5. Firearms and Explosives
6. Immigration
7. All others
For purposes of determining the appropriate category, the number of defendants
in related indictments which are returned during the same grand jury session
shall be combined.
See also LCrR 57.A.
C. Assignment of Civil Actions. Each civil action shall be assigned to a Judge
who shall have charge of the case. The assignment shall be made by the Clerk
of Court from a non-sequential list of all Judges arranged in each of the various
categories. Sequences of Judges' names within each category shall be kept
secret and no person shall directly or indirectly ascertain or divulge or attempt to
ascertain or divulge the name of the Judge to whom any case may be assigned
before the assignment is made by the Clerk of Court.
D. Related Actions. At the time of filing any civil or criminal action or entry of
appearance or filing of the pleading or motion of any nature by defense counsel,
as the case may be, counsel shall indicate on an appropriate form whether the
action is related to any other pending or previously terminated actions in this
Court. Relatedness shall be determined as follows:
1. all criminal actions arising out of the same criminal transaction or series
of transactions are deemed related;
2. civil actions are deemed related when an action filed relates to property
included in another action, or involves the same issue of fact, or it grows
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out of the same transaction as another action, or involves the validity or
infringement of a patent involved in another action; and
3. all habeas corpus petitions filed by the same individual shall be deemed
related. All pro se civil rights actions by the same individual shall be
deemed related.
E. Assignment of Related Actions.
1. If the fact of relatedness is indicated on the appropriate form at time of
filing, the Clerk of Court shall assign the case to the same Judge to whom
the lower numbered related case is assigned, who may reject the
assignment if the Judge determines that the cases are not related or the
assignment does not otherwise promote the convenience of the parties or
witnesses or the just and efficient conduct of the action.
2. If the fact of relatedness is not indicated on the appropriate form at time
of filing, after a case is assigned, the assigned Judge may transfer the
later-filed case to the Judge who is assigned the lower-numbered related
case, (i) sua sponte, (ii) upon motion of a party, and/or (iii) upon
suggestion of any other Judge in this Court, if the Judge assigned the
later-filed case(s) determines that the cases are related or the transfer
would promote the convenience of the parties or witnesses or the just and
efficient conduct of the action.
F. Erie or Johnstown Actions. All actions qualifying for the Erie or Johnstown
calendars shall be assigned to Judges designated by the Court to hear such
actions.
G. No Transfer of Actions. Except in the case of death, disability, recusal
required or permitted by law or other exceptional circumstances approved by the
Chief Judge, no civil action shall be transferred from one Judge to another
where:
1. the action has already been transferred from one Judge to another;
2. the action has been pending for more than two years; or
3. there are dispositive motions pending.
LCvR 47 VOIR DIRE OF JURORS
A. Examination of Jurors Before Trial. During the examination of jurors
before trial, the Clerk of Court, or the representative of the Clerk of Court
conducting such examination, shall state the following to the jurors collectively:
1. the name and county of residence of each of the parties;
2. the nature of the suit; and
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3. the caption of the action.
B. Required Questions to Jurors Collectively. The following questions shall
be posed to the jurors collectively:
1. Do you know any of the parties?
2. Do you know any of the attorneys in the case? Have they or their firms
ever represented you or any members of your immediate family?
3. Do you know anything about this case?
4. Are you, or any member of your immediate family, employees, former
employees, or stockholders in any of the corporate parties?
C. Required Questions to Each Juror. The following questions, to the extent
the trial judge deems appropriate, shall, inter alia, be put to each juror
individually:
1. How old are you?
2. Where do you live? How long have you lived there?
3. What is your educational background?
4. What is your present occupation? (If retired, what was your
occupation?)
5. Who is your employer? (If retired, who was your employer?)
6. Are you married? If so, what is your spouse's occupation and who is
your spouse's employer? (If your spouse is retired, what was his or her
occupation and who was his or her employer?)
7. Do you have any (adult) children? If so, how old are they? For whom
do they work, and what do they do?
8. Do you own your own home?
9. Do you drive a car?
10. Have you ever been a party to a lawsuit?
11. Any other question, which in the judgment of the trial Judge or the
Judge in charge of miscellaneous matters after application being made,
shall be deemed proper.
D. Jury List. Members of the bar of this Court shall be permitted to have a copy
of each jury list on condition that a receipt be signed with the Clerk of Court at the
date of delivery thereof which shall contain as the substance the following
certification:
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"I hereby certify that I and/or my firm or associates have litigation pending
and in connection therewith, I will require a list of jurors. I further
acknowledge to have received a copy of said list of jurors from the Clerk of
Court and hereby agree that I will not, nor will I permit any person or
agency, to call or contact any juror identified on said list at his or her home
or any other place, nor will I call or contact any immediate member of said
juror's family, which includes his or her spouse, children, mother, father,
brother, or sister, in an effort to determine the background of any member
of said jury panel for acceptance or rejection of said juror.
/s/ ________
Date: "
LCvR 52 FINDINGS BY THE COURT
In all non-jury cases, civil or criminal, the Court may direct suggested findings of
fact and conclusions of law to be filed, and require the parties and their counsel
to set forth the pages of the record and the exhibit number with specific reference
to that part of the exhibit or record which it is contended supports the findings or
conclusions.
LCvR 54 COSTS
A. Jury Cost Assessment.
1. Whenever the Court finds, after 14 days notice and a reasonable
opportunity to be heard, that any party or lawyer in any civil case before
the Court has acted in bad faith, abused the judicial process, or has failed
to exercise reasonable diligence in effecting the settlement of such case at
the earliest practicable time, the Court may impose upon such party or
lawyer the jury costs, including mileage and per diem, resulting therefrom.
2. The Court shall issue a rule to show cause and conduct a hearing of
record to inquire into the facts prior to imposing any sanction.
B. Taxation of Costs.
1. Absent extenuating circumstances, the Clerk of Court will tax costs for
a prevailing party only after the time for filing an appeal has expired.
Generally, costs will not be taxed while an appeal is pending because of
the possibility that the judgment may be reversed. However, if a party
believes there is a reason why there should be an immediate taxation in a
particular case, that party may make a written request for taxation prior to
resolution of the appeal.
2. While there is no strict deadline for filing a bill of costs with the Court, a
bill of costs must be filed within a reasonable period of time, which should
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be no later than 45 days after a final judgment is entered by the District
Court. However, if an appeal has been filed, counsel may
defer filing a bill of costs until 30 days after the mandate has
been filed in the District Court, or after an appeal has been withdrawn.
3. Upon receipt of a bill of costs, the Clerk of Court will issue a schedule
for objections and responses.
4. If after a bill of costs is filed the parties resolve the matter between
themselves, the parties must immediately notify the Clerk of Court in
writing that the bill of costs is being withdrawn or has been resolved.
LCvR 56 MOTION FOR SUMMARY JUDGMENT
A. Application. The procedures that follow shall govern all motions for
summary judgment made in civil actions unless the Court, on its own motion,
directs otherwise, based on the particular facts and circumstances of the
individual action.
B. Motion Requirements. The motion for summary judgment must set forth
succinctly, but without argument, the specific grounds upon which the judgment
is sought and must be accompanied by the following:
1. A Concise Statement of Material Facts. A separately filed concise
statement setting forth the facts essential for the Court to decide the
motion for summary judgment, which the moving party contends are
undisputed and material, including any facts which for purposes of the
summary judgment motion only are assumed to be true. The facts set
forth in any party's Concise Statement shall be stated in separately
numbered paragraphs. A party must cite to a particular pleading,
deposition, answer to interrogatory, admission on file or other part of the
record supporting the party's statement, acceptance, or denial of the
material fact;
2. Memorandum in Support. The supporting memorandum must
address applicable law and explain why there are no genuine issues of
material fact to be tried and why the moving party is entitled to judgment
as a matter of law; and
3. Appendix. Documents referenced in the Concise Statement shall be
included in an appendix. Such documents need not be filed in their
entirety. Instead, the filing party may extract and highlight the relevant
portions of each referenced document. Photocopies of extracted pages,
with appropriate identification and highlighting, will be adequate.
C. Opposition Requirements. Within 30 days of service of the motion for
summary judgment, the opposing party shall file:
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1. A Responsive Concise Statement. A separately filed concise
statement, which responds to each numbered paragraph in the moving
party's Concise Statement of Material Facts by:
a. admitting or denying whether each fact contained in the moving
party's Concise Statement of Material Facts is undisputed and/or
material;
b. setting forth the basis for the denial if any fact contained in the
moving party's Concise Statement of Material Facts is not admitted
in its entirety (as to whether it is undisputed or material), with
appropriate reference to the record (See LCvR 56.B.1 for
instructions regarding format and annotation); and
c. setting forth in separately numbered paragraphs any other
material facts that are allegedly at issue, and/or that the opposing
party asserts are necessary for the Court to determine the motion
for summary judgment;
2. Memorandum in Opposition. The memorandum of law in opposition
to the motion for summary judgment must address applicable law and
explain why there are genuine issues of material fact to be tried and/or
why the moving party is not entitled to judgment as a matter of law; and
3. Appendix. Documents referenced in the Responsive Concise
Statement shall be included in an appendix. (See LCvR 56.B.3 for
instructions regarding the appendix).
D. Moving Party's Reply to Opposing Party's Submission. Within 14 days of
service of the opposing party's submission in opposition to the motion for
summary judgment, the moving party may reply to the opposing party's
submission in the same manner as set forth in LCvR 56.C.
E. Admission of Material Facts. Alleged material facts set forth in the moving
party's Concise Statement of Material Facts or in the opposing party's
Responsive Concise Statement, which are claimed to be undisputed, will for the
purpose of deciding the motion for summary judgment be deemed admitted
unless specifically denied or otherwise controverted by a separate concise
statement of the opposing party.
LCvR 66 RECEIVERS
A. Rule as Exercise of Vested Authority. In the exercise of the authority
vested in the District Courts by Fed. R. Civ. P. 66, this rule is promulgated for the
administration of estates by receivers, appointed by the Court, in civil actions.
B. Inventories. Unless the Court otherwise orders, a receiver, as soon as
practicable after his or her appointment and not later than thirty (30) days after he
or she has taken possession of the estate, shall file an inventory of all the
property and assets in his or her possession or in the possession of others who
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hold possession as his or her agent, and in a separate schedule an inventory of
the property and assets of the estate not reduced to possession by him or her but
claimed and held by others.
C. Reports. Within three (3) months after the filing of the inventory, and at
regular intervals of three (3) months thereafter until discharged, or at such other
times as the Court may direct, the receiver shall file reports of his or her receipts
and expenditures and of his or her acts and transactions in an official capacity.
D. Compensation of Receivers and Attorneys. No compensation for services
of receivers and attorneys in connection with the administration of an estate shall
be ascertained and awarded by the Court until after notice to such persons in
interest as the Court may direct. The notice shall state the amount claimed by
each applicant.
LCvR 67.1 BONDS AND OTHER SURETIES
A. By Non-Resident. In every action filed by a plaintiff who is not a resident of
this district, the defendant, after answer to the complaint, may by petition and for
good cause shown, have a rule upon the plaintiff to enter security for costs in
such sum, in such manner and within such period of time as shall be determined
by order of the Court upon hearing on the rule, all proceedings to stay
meanwhile. If security for costs is not entered as ordered, the Court shall dismiss
the action.
B. By Other Parties. The Court, on motion, may order any party to file an
original bond for costs or additional costs in such an amount and so conditioned
as the Court by its order may designate.
C. Qualifications of Surety. Every bond for costs under this rule must have as
surety either (1) a cash deposit equal to the amount of the bond or (2) a
corporation authorized to act as surety on official bond under 31 U.S.C. § 9304.
D. Persons Who May Not Be Sureties. No clerk, marshal, member of the bar,
or other officer of this Court will be accepted as surety on any bond or
undertaking in any action or proceeding in this Court.
LCvR 67.2 DEPOSIT IN COURT
A. Investment of Funds by Clerk of Court. The Clerk of Court will invest
funds under Fed. R. Civ. P. 67 as soon as the business of his or her office
allows.
B. Administrative Fee. All registry invested accounts are subject to an
administrative handling fee at a rate established by the Judicial Conference of
the United States. The fee will be assessed and funds will be withdrawn from
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each invested account in accordance with Judicial Conference directives and this
may be accomplished by the authority herein and without further order of Court.
C. Motion Required for Deposit Into Interest Account. The posting party
must move the Court to have registry funds deposited into an interest-bearing
account, the Court Registry Investment System (“CRIS”), which is administered
by the Administrative Office of the United States Courts under 28 U.S.C. § 2045,
and shall be the only investment mechanism authorized. The proposed
investment order should be reviewed by the Clerk of Court or his or her financial
deputy to insure that all of the required investment information is included. It is
the responsibility of the posting party to serve the Clerk of Court or his or her
financial deputy with a copy of the signed investment order. In most instances,
the office of the Clerk of Court can provide a standard investment order that
would satisfy the requirements of the federal rules and these Local Rules.
D. Court Registry Investment System. CRIS is the designated depository for
the Court. The Clerk of Court shall, upon an order from the Court, deposit funds
subject to Fed. R. Civ. P. 67 into CRIS.
E. Petition Required for Investment. If the attorney for the party on whose
behalf the deposit is made desires to invest funds in a manner other than at the
designated depository of the Court, and if the investment is in accordance with
the requirements of the federal rules, and specifically Fed. R. Civ. P. 67, a
petition and proposed order may be presented for the Court's consideration.
F. IRS Regulations Applicable. Registry deposits involving designated or
qualified settlement funds may be subject to IRS Regulations that require the
appointment of an administrator outside of the Court to handle fiduciary and tax
matters. A registry account may be a designated or qualified settlement fund if:
1. there has been a settlement agreement in the case;
2. the Court has entered an order establishing or approving a deposit into
the registry as a settlement fund; and
3. the liability resolved by the settlement is of a kind described in 26
U.S.C. § 468B or 26 C.F.R. § 1.468B-1(c).
It is the responsibility of the depositing party to identify any registry deposit
intended to be a designated or qualified settlement fund. Depositors should
contact the office of the Clerk of Court prior to the deposit of settlement fund
monies to insure that proper procedures are followed for the reporting of interest
income and the payment of income tax on registry accounts.
LCvR 67.3 WITHDRAWAL OF A DEPOSIT PURSUANT TO FED. R. CIV. P. 67
The Court's order for disbursement of invested registry funds must include the
name and address of the payee(s) in addition to the total amount of the principal
and interest (if the interest is not known, the order may read "plus interest") which
will be disbursed to each payee. In order for the Clerk of Court to comply with
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the Internal Revenue Code and the rules thereunder, payees receiving earned
interest must provide a W-9 Taxpayer Identification and Certification form to the
office of the Clerk of Court prior to disbursement from the invested account. The
disbursement order should be reviewed by the Clerk of Court or the financial
deputy prior to being signed by the Judge in order to insure that the necessary
information is provided.
LCvR 71.A CONDEMNATION OF PROPERTY
When the United States files separate land condemnation actions and
concurrently files a single declaration of taking relating to those separate actions,
the Clerk of Court is authorized to establish a master file so designated. If a
master file is established, the declaration of taking shall be filed, and the filing of
the declaration of taking therein shall constitute a filing of the same in each of the
actions to which it relates when reference is made thereto in the separate
actions.
LCvR 72 MAGISTRATE JUDGES
A. Duties under 28 U.S.C. §§ 636(a)(1) and (2). Each Magistrate Judge
appointed by this Court is authorized to perform the duties prescribed by 28
U.S.C. § 636(a)(1) and (2) and may:
1. exercise all the powers and duties conferred or imposed upon United
States commissioners or Magistrate Judges by law or the Federal Rules of
Criminal Procedure;
2. administer oaths and affirmations, impose conditions of release under
18 U.S.C. § 3142 and take acknowledgments, affidavits, and depositions;
3. conduct removal proceedings and issue warrants of removal in
accordance with Fed. R. Crim. P. 40;
4. conduct extradition proceedings, in accordance with 18 U.S.C. § 3184;
and
5. supervise proceedings conducted pursuant to letters rogatory, in
accordance with 28 U.S.C. § 1782.
B. Disposition of Misdemeanor Cases -- 28 U.S.C. § 636(a)(3).
1. A Magistrate Judge may, upon the express consent of the defendant:
a. try persons accused of, and sentence persons convicted of,
misdemeanors committed within this district in accordance with 18
U.S.C. § 3401; and
b. dismiss or quash a misdemeanor indictment or information,
decide a motion to suppress evidence; and
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c. direct the probation service of the Court to conduct a
presentence investigation in any misdemeanor case.
2. A Magistrate Judge shall:
a. file the record of proceedings and all other official papers with the
Clerk of Court within twenty-one (21) days after disposing of a
misdemeanor or, in other cases, after completing his or her
assigned duties;
b. transmit immediately to the Clerk of Court all fines collected or
collateral forfeited.
3. An appeal from a judgment of a Magistrate Judge having been certified
to the Court in accordance with the Rules of Procedure for Trials before
Magistrate Judges (18 U.S.C. § 3402), the appellant shall, within fourteen
(14) days, serve and submit a brief. The United States Attorney shall
serve and submit a reply brief within fourteen (14) days after receipt of a
copy of the appellant's brief;
4. In a case involving a petty offense as defined in 18 U.S.C. § 1(3),
payment of a fixed sum may be accepted in lieu of appearance and as
authorizing the termination of the proceeding;
5. There shall be maintained at the office of the Clerk of Court a list of
those petty offenses for which collateral forfeiture may apply and the
amounts of said collateral forfeiture. The list shall enumerate those
offenses for which collateral forfeiture shall not apply and for which
appearance shall be mandatory;
6. Nothing contained in this rule shall prohibit a law enforcement officer
from arresting a person for the commission of any offense, including those
for which collateral may be posted and forfeited, and requiring the person
charged to appear before a Magistrate Judge or, upon arrest, taking him or
her immediately before a Magistrate Judge;
C. Nondispositive Pretrial Matters.
1. In accordance with 28 U.S.C. § 636(b)(1)(A), a Magistrate Judge may
hear and determine any pretrial motion or other pretrial matter, other than
those motions specified in Rule 4 of the Rules Governing Section 2254
and Section 2255 Proceedings.
2. Objections to Magistrate Judge's Determination. Any party may
object to a Magistrate Judge's determination made under this rule within
fourteen (14) days after the date of service of the Magistrate Judge's
order, unless a different time is prescribed by the Magistrate Judge or
District Judge. Such party shall file with the Clerk of Court, and serve on
all parties, written objections which shall specifically designate the order or
part thereof objected to and the basis for objection thereto. The opposing
party shall be allowed fourteen (14) days after date of service to respond
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to the objections. The District Judge assigned to the case shall consider
the objections and set aside any portion of the Magistrate Judge's order
found to be clearly erroneous or contrary to law. The District Judge may
also reconsider any matter sua sponte.
D. Dispositive Pretrial Motions and Prisoner Cases.
1. In accordance with 28 U.S.C. § 636(b)(1)(B) and (C), a Magistrate
Judge may hear, conduct such evidentiary hearings as are necessary or
appropriate, and submit to a District Judge proposed findings of fact and
recommendations for the disposition of:
a. applications for post-trial relief made by individuals convicted of
criminal offenses;
b. prisoner petitions challenging conditions of confinement; and
c. motions for injunctive relief (including temporary restraining
orders and preliminary injunctions), for judgment on the pleadings,
for summary judgment, to dismiss or permit the maintenance of a
class action, to dismiss for failure to state a claim upon which relief
may be granted, to involuntarily dismiss an action, for judicial review
of administrative determinations, and for review of default
judgments.
2. Objections to Magistrate Judge's Proposed Findings. Any party
may object to the Magistrate Judge's proposed findings, recommendations
or report under this rule within fourteen (14) days after date of service.
Such party shall file with the Clerk of Court, and serve on all parties,
written objections which shall specifically identify the portions of the
proposed, recommendations or report to which objection is made and the
basis for such objections. Such party may be ordered to file with the Clerk
of Court a transcript of the specific portions of any evidentiary proceedings
to which objection is made. The opposing party shall be allowed fourteen
(14) days after date of service to respond to the objections. A District
Judge shall make a de novo determination of those portions to which
objection is made and may accept, reject or modify in whole or in part, the
findings and recommendations made by the Magistrate Judge. The
District Judge, however, need not conduct a new hearing and may
consider the record developed before the Magistrate Judge, making his or
her own determination on the basis of that record, or recommit the matter
to the Magistrate Judge with instructions.
E. Special Master References and Trials by Consent.
1. A Magistrate Judge may serve as a special master subject to the
procedures and limitations of 28 U.S.C. § 636(b)(2) and Fed. R. Civ. P. 53.
2. Where the parties consent, a Magistrate Judge may serve as a special
master in any civil case without regard to the provisions of Fed. R. Civ. P.
53(b).
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3. The Magistrate Judges may, upon consent of the parties, conduct any
and all proceedings in a jury or non-jury civil matter and order the entry of
judgment in accordance with 28 U.S.C. § 636(c).
F. Other Duties. A Magistrate Judge is also authorized to:
1. exercise general supervision of the civil and criminal calendars of the
Court, conduct calendar and status calls, and determine motions to
expedite or postpone the trial of cases for the Judges;
2. conduct pretrial conferences, settlement conferences, omnibus
hearings and related pretrial proceedings;
3. conduct arraignments in cases not triable by the Magistrate Judge to
the extent of taking a not guilty plea or noting a defendant's intention to
plead guilty or nolo contendere and ordering a presentence report in
appropriate cases;
4. receive grand jury returns in accordance with Fed. R. Crim. P. 6(f),
issue bench warrants and enter orders sealing the record in accordance
with Fed. R. Crim. P. 6(e), 6(f) and 9(a);
5. conduct voir dire and select petit juries for the Court;
6. accept petit jury verdicts in civil cases in the absence of a District
Judge;
7. conduct necessary proceedings leading to the potential revocation of
probation;
8. issue subpoenas, writs of habeas corpus ad testificandum or habeas
corpus ad prosequendum, or other orders necessary to obtain the
presence of parties or witnesses or evidence needed for Court
proceedings;
9. order the exoneration or forfeiture of bonds;
10. conduct proceedings for the collection of civil penalties of not more
than $200 assessed under the Federal Boat Safety Act of 1971, in
accordance with 46 U.S.C. § 484(d);
11. conduct examinations of judgment debtors in accordance with Fed. R.
Civ. P. 69;
12. review petitions in civil commitment proceedings under Title III of the
Narcotic Addict Rehabilitation Act;
13. approve deferred prosecution agreements in felony cases pending
before the Magistrate Judge in which no indictment or information has
been filed;
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14. issue administrative inspection warrants and other compulsory
process sought by administrative agencies of the United States; and
15. perform any additional duty as is not inconsistent with the Constitution
and laws of the United States.
G. Assignment of Duties of Magistrate Judges. The Clerk of Court will
assign each non-prisoner civil action to a District Judge or a Magistrate Judge by
automated random selection such that a Magistrate Judge will be assigned a
case, in the first instance, approximately one-third of the time. All prisoner civil
cases and non-death penalty habeas cases will be assigned only to a Magistrate
Judge.
In the event the action is assigned to a Magistrate Judge, each party shall
execute and file within 21 days of its appearance a form, either consenting to the
jurisdiction of the Magistrate Judge or electing to have the case randomly
assigned to a District Judge. If a party elects to have the case assigned to a
District Judge, the Magistrate Judge shall continue to manage the case by
deciding non-dispositive motions and submitting reports and recommendations
on dispositive motions, unless otherwise directed by the District Judge. If all
parties do not consent to Magistrate Judge jurisdiction, a District Judge shall be
assigned and the Magistrate Judge shall continue to manage the case consistent
with 28 U.S.C. § 636.
H. Forfeiture of Collateral in Lieu of Appearance.
1. Pursuant to paragraph G(2) of the order of this Court of March 9, 1971,
adopting rules for United States Magistrate Judges (LCvR 72.A), this list is
established setting forth those petty offenses for which trial appearance
shall be mandatory and the amounts of collateral forfeiture which may be
acceptable in lieu of appearance.
2. Petty offenses for which trial appearance shall be mandatory:
a. traffic offenses:
i. indictable offenses;
ii. offenses resulting in an accident where one of the following
conditions are met:
(a) two or more vehicles are involved;
(b) personal injury has resulted; or
(c) property damage in excess of $200 has resulted.
iii. operation of a motor vehicle while under the influence of
intoxicating liquor or a narcotic or habit producing drug, or
permitting another person who is under the influence of
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intoxicating liquor or a narcotic or habit producing drug to
operate a motor vehicle owned by the defendant or in his or her
custody or control;
iv. reckless driving;
v. leaving the scene of an accident;
vi. driving while under suspension or revocation of a driver's
license;
vii. driving without being licensed to drive;
viii. exceeding the speed limit by more than 15 miles per hour;
or
ix. a second moving traffic offense within a 12-month period, as
indicated by a notation on a driver's license.
b. non-traffic offenses:
i. drunkenness; or
ii. disorderly conduct.
3. In all other petty offenses collateral forfeitures may be accepted by the
duly authorized representative of the agency in an amount not greater than
25% of the maximum fine established by law for each offense, but in no
event less than ten dollars ($10.00); provided, however, that the enforcing
agencies shall file with the Clerk of Court a schedule of collateral
forfeitures approved by the Chief Judge. However, in those petty offenses
for which the maximum fine established by law is less than ten dollars
($10.00), collateral forfeitures may be accepted in an amount equal to the
maximum fine.
LCvR 77 SESSIONS OF COURT
Sessions of the Court shall be held at Pittsburgh, Erie and Johnstown at such
times as may be required to expedite the business of the Court. The Clerk of
Court shall post and make available to interested members of the bar, each
Judge's tentative schedule of trials, both jury and non-jury, from time to time.
LCvR 83.1 FREE PRESS -- FAIR TRIAL PROVISIONS
A. Release of Information in Civil Actions. A lawyer or law firm associated
with a civil action shall not during its investigation or litigation make or participate
in making an extrajudicial statement, other than a quotation from or reference to
public records, that a reasonable person would expect to be disseminated by
means of public communication if there is a substantial likelihood that such
extrajudicial statement would materially prejudice such civil action and relates to:
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1. evidence regarding the occurrence or transaction involved;
2. the character, credibility, or criminal record of a party, witness, or
prospective witness;
3. the performance or results of any examinations or tests or the refusal or
failure of a party to submit to such;
4. his or her opinion as to the merits of the claims or defenses of a party
except as required by law or administrative rule; or
5. any other matter substantially likely to materially prejudice such civil
action.
B. Matters on Which Extrajudicial Statements Are Not Precluded. Nothing
in this rule is intended to preclude the issuance of extrajudicial statements made
in connection with hearings or the lawful issuance of reports by legislative,
administrative or investigative bodies, or to preclude any lawyer from replying to
charges of misconduct that are publicly made against him or her.
C. Photography, Recording and Broadcasting.
1. Except as hereafter provided, all forms, means and manner of taking
photographs, recording, broadcasting and televising are prohibited in any
hearing room, corridor or stairway leading thereto, on any floor occupied
entirely or in part by the United States District Court for the Western
District of Pennsylvania, in any United States Courthouse or federal
facility, or any other building designated by the United States District Court
for the Western District of Pennsylvania as a place for holding Court or
other judicial proceeding, whether or not Court is in session.
2. Exceptions:
a. Photographs may be taken and radio and television may be
transmitted with the voluntary consent of the individual involved in
and from the press rooms set aside for the use of members of the
press and other communications media.
b. Subject to the approval of the presiding Judge, the broadcasting,
televising, recording or photographing of investitive, ceremonial or
naturalization proceedings in the Courtrooms of this district will be
permitted under the following conditions:
i. available light is to be used;
ii. only one camera is to be used. The station owning that
camera must make a tape available to all stations requesting
one;
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iii. the camera must remain in one position throughout. It must
be in position before the opening of Court and remain there until
the Court has recessed;
iv. microphones must be placed in fixed positions and remain
there throughout; and
v. camera and microphone personnel shall not move about the
Courtroom during the proceeding.
Comment (June 2008)
1. The amended Rule conforms to the standard set forth in United States v. Wecht, 484 F.3d
194, 205 (3d Cir. 2007) (exercising "supervisory authority to require that District Courts apply
LCvR 83.1 to prohibit only speech that is substantially likely to materially prejudice ongoing
criminal proceedings") and to the governing law of professional conduct. Former LCvR 83.1.A-
E, governing free press and fair trial issues relating to criminal proceedings, has been moved to
the Local Criminal Rules.
2. LCvR 83.1.C includes in the Local Rules the provisions of the standing order dated May 21,
1968.
LCvR 83.2 ADMISSION TO PRACTICE AND APPEARANCE OF ATTORNEYS AND
STUDENTS
A. Admission to Practice -- Generally.
1. Roll of Attorneys. The bar of this Court consists of those heretofore
and those hereafter admitted to practice before this Court, who have taken
the oath prescribed by the rules in force when they were admitted or
prescribed by this rule.
2. Eligibility; Member in Good Standing. Any person who is eligible to
become a member of the Bar of the Supreme Court of Pennsylvania or
who is a member in good standing of the bar of the Supreme Court of
Pennsylvania, or a member in good standing of the Supreme Court of the
United States, or a member in good standing of any United States District
Court, may be admitted to practice before the bar of this Court.
3. Procedure For Admission. No person shall be admitted to practice in
this Court as an attorney except on oral motion of a member of the bar of
this Court, who shall submit a Certification in the form set forth at
“Appendix LCvR/LCrR 83.2.A Certification”. He or she shall, if required,
offer satisfactory evidence of his or her moral and professional character,
and shall provide the same information set forth in subsection B, below.
He or she shall take the following oath or affirmation:
"I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I WILL CONDUCT
MYSELF AS AN ATTORNEY AND COUNSELOR OF THIS
COURT, UPRIGHTLY AND ACCORDING TO LAW; AND THAT I
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WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES.
SO HELP ME GOD."
If admitted, the applicant shall, under the direction of the Clerk of Court,
sign the roll of attorneys and pay such fee as shall have been prescribed
by the Judicial Conference and by the Court.
4. Agreements of Attorneys. All agreements of attorneys relating to the
business of the Court shall be in writing; otherwise, if disputed, they will be
considered of no validity.
5. Practice in Criminal Branch Prohibited. No attorney shall be
permitted to practice in the criminal branch of the federal law as counsel
for any person accused of crime in the United States District Court for the
Western District of Pennsylvania where said attorney is serving by
appointment or election in any of the following categories in either the state
of Pennsylvania or for the United States of America:
a. district attorney of any county in the Commonwealth of
Pennsylvania;
b. assistant, deputy or special advisor of any district attorney of any
county in the Commonwealth of Pennsylvania;
c. Attorney General of the Commonwealth of Pennsylvania;
d. assistant, deputy or special advisor of the Attorney General of
the Commonwealth of Pennsylvania;
e. legal counsel for and any assistant or deputy of any agency of
the United States government; or
f. magistrates or justices of the peace of any city, county or state.
B. Pro Hac Vice Admissions. All motions for admission pro hac vice must
be accompanied by the filing fee. A motion for admission pro hac vice must be
made by the attorney seeking to be admitted and must be accompanied by an
affidavit from the attorney seeking to be admitted pro hac vice (the “affiant”). The
affidavit must include the affiant’s name, law firm affiliation (if any), business
address, and bar identification number. The affiant must attest in the affidavit
that the affiant is a registered user of ECF in the United States District Court for
the Western District of Pennsylvania, that the affiant has read, knows, and
understands the Local Rules of Court for the United States District Court for the
Western District of Pennsylvania, and that the affiant is a member in good
standing of the bar of any state or of any United States District Court. The
affidavit must list the bars of any state or of any United States court of which the
affiant is a member in good standing. The affiant must attach to the affidavit one
current certificate of good standing from the bar or the court in which the affiant
primarily practices. The affidavit also must list and explain any previous
disciplinary proceedings concerning the affiant’s practice of law that resulted in a
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non-confidential negative finding or sanction by the disciplinary authority of the
bar of any state or any United States court. The Court will not rule on a motion
for admission pro hac vice that does not include an affidavit containing the
information and attestations required by this rule. The forms of the motion for
admission pro hac vice and accompanying affidavit are set forth in “Appendix
LCvR/LCrR 83.2.B-MOTION,” and “Appendix LCvR/LCrR 83.2.B-AFFIDAVIT.”
Comment (February 2013)
The Local Rules of Court for the United States District Court for the Western District of
Pennsylvania and instructions for becoming a registered user of ECF in the United States
District Court for the Western District of Pennsylvania are available on the Court’s website. “A
Declaration pursuant to 28 U.S.C. §1746 in lieu of an affidavit shall be sufficient to
comply with the requirements of this Rule.”
C. Appearances and Withdrawals of Appearance.
1. Appearance -- How entered. In all criminal cases involving privately
retained counsel, a notice of appearance of counsel shall be filed at or
before the first appearance of counsel.
2. Attorney Identification Number. Any appearance by a Pennsylvania
attorney shall contain a Pennsylvania attorney identification number.
3. Separate Praecipe Unnecessary. In a civil action, no separate
praecipe for appearance need be filed by an attorney for an original party
or for an intervenor. The endorsement of names of attorneys appearing on
the first pleading or motion filed by a party shall constitute the entry of
appearance of such attorneys. Appearance by other attorneys shall be by
praecipe filed with the Clerk of Court.
4. Withdrawal of Appearance. In any civil proceeding, no attorney whose
appearance has been entered shall withdraw his or her appearance except
upon filing a written motion. The motion must specify the reasons
requiring withdrawal and provide the name and address of the succeeding
attorney. If the succeeding attorney is not known, the motion must set forth
the name, address, and telephone number of the client and either bear the
client’s signature approving withdrawal or state specifically why, after due
diligence, the attorney was unable to obtain the client’s signature.
Comment (February 2013)
A motion for withdrawal of counsel's appearance that sets forth the basis for withdrawal should
disclose that basis only in a manner consistent with the applicable provisions of the
Pennsylvania Rules of Professional Conduct. See Pa. R. Prof. Conduct 1.16, comment 3.
D. Student Practice Rule.
1. Purpose. This rule is designed to provide law students with clinical
instruction in federal litigation, and thereby enhance the competence of
lawyers practicing before the United States District Courts.
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2. Student Requirements. An eligible student must:
a. be duly enrolled in a law school accredited by the American Bar
Association:
b. have completed a least three semesters of legal studies, or the
equivalent;
c. be enrolled for credit in a law school clinical program that has
been approved by this Court;
d. be certified by the Dean of the law school, or the Dean's
designee, as being of good character, and having sufficient legal
ability to fulfill the responsibilities of a legal intern to both the client
and this Court;
e. be certified by this Court to practice pursuant to this rule; and
f. not accept personal compensation from a client or other source
for legal services provided pursuant to this rule.
3. Program Requirements. A law school clinical practice program:
a. must provide the student with academic and practice advocacy
training, utilizing law school faculty or adjunct faculty, including
federal government attorneys or private practitioners, for practice
supervision;
b. must grant the student academic credit for satisfactory
participation therein;
c. must be certified by this Court;
d. must be conducted in such a manner as not to conflict with
normal Court schedules;
e. may accept compensation other than from a client; and
f. must secure and maintain professional liability insurance for it
activities.
4. Supervisor Requirements. A supervisor must:
a. have faculty or adjunct faculty status at the law school offering
the clinical practice program, and must be certified by the Dean of
the law school as being of good character, and having sufficient
legal ability and adequate training to fulfill the responsibilities of a
supervisor;
b. be admitted to practice before this Court;
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c. be present with the student at all times during Court appearance,
and at all other proceedings, including depositions in which
testimony is taken;
d. co-sign all pleadings or other documents filed with this Court;
e. assume full professional responsibility for the student's guidance
in, and for the quality of, any work undertaken by the student
pursuant to this rule;
f. be available for consultation with represented clients;
g. assist and counsel the student in all activities conducted
pursuant to this rule, and review such activities with the student so
as to assure the proper practical training of the student and the
effective representation of the client; and
h. be responsible for supplementing oral or written work of the
student, where necessary, to ensure the effective representation of
the client.
5. Certification of Student, Program and Supervisor.
a. Students.
(1) Certification by the law school Dean and approval by this
Court shall be filed with the Clerk of Court, and unless it is
sooner withdrawn, shall remain in effect until expiration of 18
months.
(2) Certification to appear in a particular case may be withdrawn
at any time, in the discretion of the Court, and without any
showing of cause.
b. Program.
(1) Certification of a program by this Court shall be filed with the
Clerk of Court and shall remain in effect indefinitely unless
withdrawn by the Court.
(2) Certification of a program may be withdrawn by this Court at
any time.
c. Supervisor.
(1) Certification of a supervisor must be filed with the Clerk of
Court, and shall remain in effect indefinitely unless withdrawn by
this Court.
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(2) Certification of a supervisor may be withdrawn by the Court
at any time.
(3) Certification of a supervisor may be withdrawn by the Dean
by mailing notice of such withdrawal to the Clerk of Court.
6. Activities. A certified student, under the personal supervision of the
supervisor, as set forth in LCvR 83.2.C.4, may:
a. represent any client including federal, state or local governmental
bodies, in any civil or administrative matter, if the supervising lawyer
and the client on whose behalf the student is appearing have
consented in writing to that appearance; or
b. engage in all activities on behalf of the clients that a licensed
attorney may engage in.
7. Limitation of Activities. The Court retains the power to limit a
student's participation in a particular case to such activities as the Court
deems consistent with the appropriate administration of justice.
Comment (June 2008)
The amended Rule adds headings, modifies the numbering and clarifies and modernizes
language in the Rule. More substantively, the amended Rule adds a section on pro hac vice
admissions. In addition, it permits students to practice before the Court after completing three
(as opposed to four) semesters of legal study.
LCvR 83.3 RULES OF DISCIPLINARY ENFORCEMENT FOR ATTORNEYS
A. Introduction.
1. Responsibility of Court. The United States District Court for the
Western District of Pennsylvania, in furtherance of its inherent power and
responsibility to supervise the conduct of attorneys who are admitted to
practice before it, or admitted for the purpose of a particular proceeding
(pro hac vice), promulgates the following rules of Disciplinary Enforcement
superseding all of its rules pertaining to disciplinary enforcement
heretofore promulgated.
2. Adoption of Rules of Professional Conduct. Acts or omissions by
an attorney admitted to practice before this Court, individually or in concert
with others, that violate the rules of professional conduct adopted by this
Court shall constitute misconduct and shall be grounds for discipline,
whether or not the act or omission occurred in the course of an attorney-
client relationship. The rules of professional conduct adopted by this Court
are the rules of professional conduct adopted by the Supreme Court of
Pennsylvania, as amended from time to time, except that Rule 3.10 has
been specifically deleted as a rule of this Court, and as otherwise provided
by specific order of this Court.
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3. Sanctions for Misconduct. For misconduct defined in these rules,
any attorney admitted to practice before this Court may be disbarred,
suspended from practice before this Court, reprimanded or subjected to
such other disciplinary action as the circumstances may warrant.
4. Admission to Practice as Conferring Disciplinary Jurisdiction.
Whenever an attorney applies to be admitted or is admitted to this Court
for purposes of a particular proceeding (pro hac vice), the attorney shall be
deemed thereby to have conferred disciplinary jurisdiction upon this Court
for any alleged misconduct of that attorney arising in the course of or in the
preparation for such proceeding.
B. Disciplinary Proceeding.
1. Reference to Counsel. When misconduct or allegations of misconduct
which, if substantiated, would warrant discipline on the part of an attorney
admitted to practice before this Court shall come to the attention of a
District Judge or Magistrate Judge of this Court, whether by complaint or
otherwise, and the applicable procedure is not otherwise mandated by
these rules, or in the event a petition for reinstatement has been filed by a
disciplined attorney, the Chief Judge shall in his or her discretion and with
prior agreement of the Disciplinary Board of the Supreme Court of
Pennsylvania appoint as counsel attorneys serving in the Office of
Disciplinary Counsel of the Disciplinary Board or one or more members of
the bar of this Court to investigate allegations of misconduct or to
prosecute disciplinary proceedings under these rules or in conjunction with
such a reinstatement petition, provided, however, that the respondent-
attorney may move to disqualify an attorney so appointed who is or has
been engaged as an adversary of the respondent-attorney in any matter.
Counsel, once appointed, may not resign unless permission to do so is
given by this Court.
2. Recommendation of Counsel. Should such counsel conclude after
investigation and review that a formal disciplinary proceeding should not
be initiated against the respondent-attorney because sufficient evidence is
not present, or because there is pending another proceeding against the
respondent-attorney, the disposition of which in the judgment of the
counsel should be awaited before further action by this Court is considered
or for any other valid reason, counsel shall file with this Court a
recommendation for disposition of the matter, whether by dismissal,
admonition, deferral, or otherwise setting forth the reasons therefor.
3. Order to Show Cause. Should such counsel conclude after
investigation and review that a formal disciplinary proceeding should be
initiated, counsel shall obtain an order of this Court upon a showing of
probable cause requiring the respondent-attorney to show cause within
thirty (30) days after service of that order upon that attorney, personally or
by mail, why the attorney should not be disciplined.
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4. Hearings. Upon the respondent-attorney's answer to the order to show
cause, if any issue of fact is raised or the respondent-attorney wishes to be
heard in mitigation, the Chief Judge shall set the matter for prompt hearing
before one or more Judges of this Court, provided, however, that if the
disciplinary proceeding is predicated upon the complaint of a Judge of this
Court the hearing shall be conducted before a panel of three other Judges
of this Court appointed by the Chief Judge, or if there are fewer than three
Judges eligible to serve or the Chief Judge is the complainant, by the Chief
Judge of the Court of Appeals. Where a Judge merely refers a matter and
is not involved in the proceeding, he or she shall not be considered a
complainant.
All such proceedings shall be conducted by counsel appointed pursuant to
LCvR 83.3.B.1 or such other counsel as the Court may appoint for such
purpose.
The Judge or Judges to whom a disciplinary proceeding is assigned by the
Chief Judge may conduct a further hearing, and/or otherwise take
additional testimony, or hear or receive oral or written argument, and shall
make a recommendation based thereon to the Board of Judges. The
Board, after consideration of the recommendation, shall enter such order
as it shall determine by a majority vote of the active Judges in service at
the next meeting of the board to be appropriate, including dismissal of the
charges, reprimand, suspension for a period of time, disbarment, or such
action as may be proper.
C. Attorneys Convicted of Crimes.
1. Immediate Suspension. Upon the filing with this Court of a certified
copy of a judgment of conviction demonstrating that any attorney admitted
to practice before this Court has been convicted in any Court of the United
States, or the District of Columbia, or of any state, territory, commonwealth
or possession of the United States, of a serious crime as hereinafter
defined, the Chief Judge shall enter an order immediately suspending that
attorney, whether the conviction resulted from a plea of guilty or nolo
contendere or from a verdict after trial or otherwise, and regardless of the
pendency of any appeal, until final disposition of a disciplinary proceeding
to be commenced upon such conviction. A copy of such order shall
immediately be served upon the attorney. Upon good cause shown, the
Chief Judge may set aside such order when it appears in the interest of
justice so to do upon concurrence of a majority of active Judges in service.
2. Definition of Serious Crime. The term "serious crime" shall include
any felony and any lesser crime a necessary element of which, as
determined by the statutory or common law definition of such crime in the
jurisdiction where the judgment was entered, involves false swearing,
misrepresentation, fraud, willful failure to file income tax returns, deceit,
bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or
solicitation of another to commit a "serious crime."
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3. Certified Copy of Conviction as Evidence. 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.
4. Mandatory Reference for Disciplinary Proceeding. Upon the filing
of a certified copy of a judgment of conviction of an attorney for a serious
crime, the Court shall refer the matter for the institution of a disciplinary
proceeding in which the sole issue to be determined shall be the extent of
the final discipline to be imposed as a result of the conduct resulting in the
conviction, provided that a disciplinary proceeding so instituted will not be
brought to final hearing until all appeals from the conviction are concluded.
5. Discretionary Reference for Disciplinary Proceedings. Upon the
filing of a certified copy of a judgment of conviction of an attorney for a
crime not constituting a serious crime, the Court may refer the matter to
counsel for whatever action counsel may deem warranted, including the
institution of a disciplinary proceeding provided, however, that the Court
may in its discretion make no reference with respect to convictions for
minor offenses.
6. Reinstatement Upon Reversal. An attorney suspended under the
provisions of this rule will be reinstated immediately upon the filing of a
certificate demonstrating that the underlying conviction of a serious crime
has been reversed but the reinstatement will not terminate any disciplinary
proceeding then pending against the attorney, the disposition of which
shall be determined by the Court on the basis of all available evidence
pertaining to both guilt and the extent of discipline to be imposed.
D. Discipline Imposed by Other Courts.
1. Notice by Attorney of Public Discipline. Any attorney admitted to
practice before this Court shall, upon being subjected to public discipline
by any other Court of the United States or the District of Columbia, or by a
Court of any state, territory, commonwealth or possession of the United
States, promptly inform the Clerk of this Court of such action.
2. Proceedings after Notice of Discipline. Upon the filing of a certified
or exemplified copy of a judgment or order demonstrating that an attorney
admitted to practice before this Court has been disciplined by another
Court, this Court shall forthwith issue a notice directed to the attorney
containing:
a. A copy of the judgment or order from the other Court; and
b. An order to show cause directing that the attorney inform this
Court within thirty (30) days after service of that order upon the
attorney, personally or by mail, of any claim by the attorney
predicated upon the grounds set forth in LCvR 83.3.D.4 that the
imposition of the identical discipline by the Court would be
unwarranted and the reasons therefor.
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3. Stay of Discipline in Other Jurisdiction. In the event the discipline
imposed in the other jurisdiction has been stayed there, any reciprocal
discipline imposed in this Court shall be deferred until such stay expires.
4. Reciprocal Discipline. Upon the expiration of thirty (30) days from
service of the notice issued pursuant to the provisions of LCvR 83.3.D.2,
this Court shall impose the identical discipline unless the respondent-
attorney demonstrates, or this Court finds, that upon the face of the record
upon which the discipline in another jurisdiction is predicated it clearly
appears that:
a. the procedure was so lacking in notice or opportunity to be heard
as to constitute a deprivation of due process;
b. there was such an infirmity of proof establishing the misconduct
as to give rise to the clear conviction that this Court could not,
consistent with its duty, accept as final the conclusion on that
subject;
c. the imposition of the same discipline by this Court would result in
grave injustice; or
d. the misconduct established is deemed by this Court to warrant
substantially different discipline.
In the event that an attorney files a timely answer alleging one or more of
the elements set forth in LCvR 83.3.D.4, the Chief Judge shall set the
matter for prompt hearing before one or more Judges of this Court who
may order and conduct a further hearing, or take testimony or hear
argument, and make a recommendation to the Board of Judges. The
Board, after consideration of the recommendation, shall enter such order,
as it shall determine by a majority vote of the active Judges in service at
the next meeting of the Board, including dismissal of the charges,
reprimand, suspension for a period of time, disbarment, or such action as
may be proper.
5. Conclusive Evidence of Final Adjudication. In all other respects, a
final adjudication in another Court that an attorney has been guilty of
misconduct shall establish conclusively the misconduct for the purposes of
a disciplinary proceeding in this Court.
6. Appointment of Counsel. This Court may at any stage appoint
counsel to prosecute the disciplinary proceedings, pursuant to LCvR
83.3.B.I.
E. Disbarment on Consent or Resignation.
1. Automatic Cessation of Right to Practice. Any attorney admitted to
practice before this Court who shall be disbarred on consent or resign from
the bar of any other Court of the United States or the District of Columbia,
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or from the bar of any state, territory, commonwealth or possession of the
United States, while an investigation into allegations of misconduct is
pending, shall, upon the filing with this Court of a certified or exemplified
copy of the judgment or order accepting such disbarment on consent or
resignation, cease to be permitted to practice before this Court and be
stricken from the roll of attorneys admitted to practice before this Court.
2. Attorney to Notify Clerk of Disbarment. Any attorney admitted to
practice before this Court shall, upon being disbarred on consent or
resigning from the bar of any other Court of the United States or the
District of Columbia, or from the bar of any state, territory, commonwealth
or possession of the United States, promptly inform the Clerk of this Court
of such disbarment on consent or resignation.
F. Disbarment on Consent While under Disciplinary Investigation or
Prosecution.
1. Consent to Disbarment. Any attorney admitted to practice before this
Court who is the subject of an investigation into, or a pending proceeding
involving, allegations of misconduct may consent to disbarment, but only
by delivering to this Court an affidavit stating that the attorney desires to
consent to disbarment and that:
a. the attorney's consent is freely and voluntarily rendered; the
attorney is not being subjected to coercion or duress; the attorney is
fully aware of the implications of so consenting;
b. the attorney is aware that there is presently pending investigation
or proceeding involving allegations that there exist grounds for the
attorney's discipline, the nature of which the attorney shall
specifically set forth;
c. the attorney acknowledges that the material facts so alleged are
true; and
d. the attorney so consents because the attorney knows that if
charges were predicated upon the matters under investigation, or if
the proceeding were prosecuted, the attorney could not successfully
defend himself or herself.
2. Consent Order. Upon receipt of the required affidavit, this Court shall
enter an order disbarring the attorney.
3. Public Record. The Order disbarring the attorney on consent shall be
a matter of public record. However, the affidavit required under the
provisions of this rule shall not be publicly disclosed or made available for
use in any other proceeding except upon order of this Court.
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G. Reinstatement.
1. After Disbarment or Suspension. An attorney suspended for three
(3) months or less shall be automatically reinstated at the end of the period
of suspension upon the filing with the Court of an affidavit of compliance
with the provisions of the order. An attorney suspended for more than
three (3) months or disbarred may not resume practice until reinstated by
order of this Court.
2. Time of Application Following Disbarment. A person who has been
disbarred after hearing or by consent may not apply for reinstatement until
the expiration of at least five (5) years from the effective date of this
disbarment.
3. Hearing on Application. Petitions for reinstatement by a disbarred or
suspended attorney under this rule shall be filed with the Chief Judge of
this Court. Upon receipt of the petition, the Chief Judge shall refer the
petition to counsel for investigation and recommendation, and shall assign
the matter for a hearing, or other appropriate action, before one or more
Judges of this Court, provided, however, that if the disciplinary proceeding
was predicated upon the complaint of a Judge of this Court, the hearing
shall be conducted before a panel of three (3) other Judges of this Court
appointed by the Chief Judge, or, if there are fewer than three (3) Judges
eligible to serve or the Chief Judge was the complainant, by the Chief
Judge of the Court of Appeals. The Judge or Judges assigned to the
matter shall schedule a hearing, if necessary, at which the petitioner shall
have the burden of demonstrating by clear and convincing evidence that
he or she has the moral qualifications, competency and learning in the law
required for admission to practice law before this Court and that his or her
resumption of the practice of law will not be detrimental to the integrity and
standing of the bar or to the administration of justice, or subversive of the
public interest.
The Judge or Judges shall make a recommendation to the Board of
Judges and the Board shall enter an appropriate order, as determined by a
majority vote of the active Judges in service at the next meeting of the
Board.
4. Duty of Counsel. In all proceedings upon a petition for reinstatement,
cross-examination of the witnesses of the respondent-attorney and the
submission of evidence, if any, in opposition to the petition shall be
conducted by counsel.
5. Deposit for Costs of Proceeding. Petitions for reinstatement under
this rule shall be accompanied by an advance cost deposit in an amount to
be set from time to time by the Court to cover anticipated costs of the
reinstatement proceeding.
6. Conditions of Reinstatement. If the petitioner is found unfit to resume
the practice of law, the petition shall be dismissed. If the petitioner is
found fit to resume the practice of law, the judgment shall reinstate him or
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her, provided that the judgment may make reinstatement conditional upon
the payment of all or part of the costs of the proceedings, and upon the
making of partial or complete restitution to parties harmed by the petitioner
whose conduct led to the suspension or disbarment. Provided further, that
if the petitioner has been suspended or disbarred for five (5) years or
more, reinstatement may be conditioned, in the discretion of the Judge or
Judges before whom the matter is heard, upon the furnishing of proof of
competency and learning in the law, which proof may include certification
by the bar examiners of a state or other jurisdiction of the attorney's
successful completion of an examination for admission to practice
subsequent to the date of suspension or disbarment.
7. Successive Petitions. No petition for reinstatement under this rule
shall be filed within one (1) year following an adverse judgment upon a
petition for reinstatement filed by or on behalf of the same person.
H. Service of Papers and Other Notices. Service of an order to show cause
instituting a formal disciplinary proceeding or other papers or notices required by
these rules shall be made by personal service or by registered or certified mail
addressed to the respondent-attorney at the address most recently registered by
him or her with the Clerk of Court. Service of any other papers or notices
required by these rules shall be deemed to have been made if such paper or
notice is addressed to the respondent-attorney at the address most recently
registered with the Clerk of Court; or to counsel or respondent's attorney at the
address indicated in the most recent pleading or other document filed by them in
the course of any proceeding under these rules.
I. Duties of the Clerk of Court.
1. Filing Certificate of Conviction. Upon being informed that an
attorney admitted to practice before this Court has been convicted of any
crime, the Clerk of this Court shall determine whether the Clerk of the
Court in which such conviction occurred has forwarded a certificate of such
conviction to this Court. If a certificate has not been so forwarded, the
Clerk of this Court shall promptly obtain a certificate and file it with this
Court.
2. Filing Disciplinary Judgment. Upon being informed that an attorney
admitted to practice before this Court has been subjected to discipline by
another Court, the Clerk of this Court shall determine whether a certified or
exemplified copy of the disciplinary judgment or order has been filed with
this Court, and, if not, the Clerk of Court shall promptly obtain a certified or
exemplified copy of the disciplinary judgment or order and file it with this
Court.
3. Filing Consent Order. Upon being informed that an attorney admitted
to practice before this Court has been disbarred on consent or resigned in
another jurisdiction while an investigation into allegations of misconduct
was pending, the Clerk of this Court shall determine whether a certified or
exemplified copy of the disciplinary judgment or order striking the
attorney's name from the rolls of those admitted to practice has been filed
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with the Court, and, if not, shall promptly obtain a certified or exemplified
copy of such judgment or order and file it with the Court.
4. Transmittal of Record to Other Courts. Whenever it appears that
any person convicted of any crime or disbarred or suspended or censured
or disbarred on consent by this Court is admitted to practice law in any
other jurisdiction or before any other court, the Clerk of this Court shall,
within fourteen (14) days of that conviction, disbarment, suspension,
censure, or disbarment on consent, transmit to the disciplinary authority in
such other jurisdiction, or for such other court, a certificate of the
conviction or a certified or exemplified copy of the judgment or order of
disbarment, suspension, censure, or disbarment on consent, as well as the
last known office and residence addresses of the defendant or respondent.
5. National Discipline Data Bank. The Clerk of Court shall promptly
notify the National Discipline Data Bank operated by the American Bar
Association of any order imposing public discipline upon any attorney
admitted to practice before this Court.
J. Retention of Control. Nothing contained in these rules shall be construed to
deny to this Court such powers as are necessary for the Court to maintain control
over proceedings conducted before it, such as proceedings for contempt under
Title 18 of the United States Code or under Fed. R. Crim. P. 42.
K. Confidentiality. All investigations of allegations of misconduct, and
disciplinary proceedings authorized by these rules shall be kept confidential until
or unless:
1. the Judge or Judges to whom the matter is assigned determine
otherwise;
2. the respondent-attorney requests in writing that the matter be public;
3. the investigation or proceeding is predicated on a conviction of the
respondent-attorney for a crime; or
4. the Court determines that discipline is appropriate in accordance with
LCvR 83.3.B.4.
This rule shall not prohibit counsel, appointed pursuant to LCvR 83.3.B.I or
any member of this Court, from reporting to law enforcement authorities
the suspected commission of any criminal offense.
Comment (June 2008)
The amended Rule adds headings, modifies the numbering and clarifies and modernizes
language in the Rule. The amendment reorganizes the Rule and clarifies the process whereby
allegations of attorney misconduct are investigated and, if appropriate, prosecuted. The
amended Rule clarifies that the word "Counsel" refers to a member of the bar of the Court
appointed by the Chief Judge to perform the investigation and/or prosecution.
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LCvR 100.1 TRANSFER OF MULTIDISTRICT LITIGATION
A. Composite Number Assigned. Whenever the Court consents to the
transfer of a group of actions to this district in order to hold coordinated or
consolidated pretrial proceedings as set forth in Title 28 U.S.C. § 1407, the group
of actions shall be given the composite number previously assigned by the
Judicial Panel on Multidistrict Litigation. Individual actions within the group shall
be given specific civil action numbers.
B. Clerk of Court to Maintain Multidistrict Docket Sheet. The Clerk of Court
shall maintain a multidistrict litigation docket sheet for the group of actions
compositely numbered, as well as an individual docket sheet for each separate
action. All pleadings, papers, depositions, interrogatories, and other documents
or material, relating to two or more actions shall be entered only on the
multidistrict litigation docket sheet. If such pleading or document relates to a
single action only, it shall be entered on the individual action docket sheet.
C. No Separate Appearance Required. Counsel who entered an appearance
in the transferor court prior to the transfer need not enter a separate appearance
before this Court.
D. Notification of Representing Counsel. Upon receipt of an order of transfer,
attorneys representing litigants in transferred cases shall notify the Clerk of this
Court of the names, addresses and telephone numbers of attorneys of record.
No litigant may list more than one attorney as its legal representative for the
purpose of service.
E. Liaison Counsel to be Designated. Prior to the first pretrial conference,
counsel for plaintiffs and for defendants shall designate, subject to the approval
of the Court, liaison counsel. Liaison counsel shall be authorized to receive
notices on behalf of the parties by whom they have been designated. They shall
be responsible for the preparation and transmittal of copies of such notices as
they may receive as liaison counsel to each of the attorneys included on the list
prepared in accordance with the preceding paragraph.
F. Only Original Documents to be Filed. Unless the Judicial Panel on
Multidistrict Litigation or this Court by order specifically otherwise directs for a
specific case or group of cases, only the original of all documents shall be filed
with the Clerk of this Court; provided, however, upon remand, it shall be the
responsibility of the attorneys who filed a given document to furnish an adequate
number of copies for transmittal to the transferor Court. The Clerk of Court shall
notify counsel of the number of copies needed. The copies shall be furnished
within thirty (30) days from the date of notification of remand. Upon receipt of an
order of the Judicial Panel transferring or remanding cases, without further order
of this Court, the Clerk of Court shall assemble the files, together with their
documentation, and forward the files as directed by the Judicial Panel.
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LCvR 100.2 PUBLICATION OF NOTICE OR ADVERTISEMENTS
Any notice or advertisement required by law or rule of Court to be published in
any newspaper shall be a short analysis, setting forth the general purpose of
such notice or advertisement, and shall also be published in the Pittsburgh Legal
Journal, Erie County Law Journal, and/or Cambria County Legal Journal which
are also designated as the official newspapers for this District or other
publications ordered by the Court.
LCvR 2241 ACTIONS UNDER 28 U.S.C. § 2241
A. Scope. These rules shall apply in the United States District Court, Western
District of Pennsylvania, in all proceedings initiated by federal prisoners under 28
U.S.C. § 2241. In filings submitted to this Court, these Local Rules shall be cited
as "LCvR 2241.__." In addition to these rules, all parties also should consult the
applicable provisions of the federal habeas corpus statute at 28 U.S.C. §§ 2241-
2266, as amended by the Antiterrorism and Effective Death Penalty Act of 1996
("AEDPA"), P.L. 104-132, effective April 24, 1996.
B. The Petition.
1. Naming the Respondent. If the petitioner is currently serving a
sentence imposed by a federal Court and he or she is challenging the
execution of his or her sentence, petitioner must name as respondent the
warden or custodian of the prison or correctional facility were petitioner is
incarcerated.
2. Form.
a. Form of Petitions Required. A petitioner who files a petition
seeking relief pursuant to 28 U.S.C. § 2241 may submit his or her
petition on the standard form supplied by this Court. If the petitioner
does not use the standard form, the petition must substantially
follow the standard form supplied by this Court. Petitions that do not
utilize the standard form shall contain all of the information required
by the standard form. If the petitioner is represented by counsel,
Electronic Case Filing (ECF) procedures apply.
b. Content. The petitioner is to state all grounds for relief, provide
specific facts supporting each argument, and identify the relief
requested. An accompanying memorandum of law is not required
but will be accepted by the Clerk of Court at the time the petition is
filed.
c. Where to Get the Standard Form. The standard form supplied
by this Court for 28 U.S.C. § 2241 petitions can be obtained free of
charge from the following sources: (i) this Court's website
(www.pawd.uscourts.gov) (FORMS/MANUALS); (ii) this Court's
Office of the Clerk of Court upon request; (iii) the Federal Public
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Defender's website (http://paw.fd.org); or (iv) the Federal Public
Defender's Office upon request.
d. Requirements Concerning Filing Format. All filings in 28
U.S.C. § 2241 proceedings must by typed, word-processed or
neatly written in ink. All filings must be submitted on paper sized 8½
by 11 inches. No writing or typing shall be made on the back of any
filing.
e. Return of Petitions that Do Not Substantially Comply With
Local Form Rules. If the form or other initial filing submitted by a
pro se petitioner does not substantially comply with these Local
Rules, the filing may be returned to the pro se petitioner with a copy
of the Court's standard form, a statement of reasons for its return,
and a directive that the petitioner resubmit the claims outlined in the
original filing on the Court's form. A petitioner will be given 21 days
or as directed by the Court to return his or her filing on the form
supplied by this Court. A petitioner may seek leave of Court for an
extension of time to return the form.
f. Certificate Required in Death Penalty Case. A petitioner
challenging the execution of a sentence of death pursuant to a
federal Court judgment shall file with the Clerk of Court a copy of the
"Certificate of Death Penalty Case" required by the Third Circuit
L.A.R. Misc. 111.2(a). The certificate will include the following
information: names, addresses, and telephone numbers of parties
and counsel; if set, the proposed date of execution of the sentence;
and the emergency nature of the proceedings. Upon docketing, the
Clerk of Court will transmit a copy of the certificate, together with a
copy of the relevant documents, to the Clerk of the Court of Appeals
as required by Third Circuit L.A.R. Misc. 111.2(a).
C. Filing the Petition. The original Section 2241 petition shall be filed with the
Clerk of Court. Section 2241 petitions must be accompanied by the applicable
filing fee or a motion requesting leave to proceed in forma pauperis.
D. The Answer and the Reply.
1. The Answer.
a. When Required. Upon undertaking preliminary review of the
motion for relief under 28 U.S.C. § 2241, if the Court finds that there
is no basis for dismissal, the Court must enter an order directing the
respondent to file an Answer within the time frame permitted by the
Court. The respondent is not required to file a Response to the
petition unless a Judge so orders. An extension may be granted
only for good cause shown.
b. Contents. The Response must address the allegations in the
petition. All relevant documents should be attached to the
Response as exhibits. In addition, the Response must state
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whether any claim in the petition is barred by a failure to exhaust
administrative remedies, a procedural bar, or non-retroactivity.
2. The Reply. Although not required, the petitioner may file a Reply (also
known as "a Traverse") within 30 days of the date the respondent files its
Response. If the petitioner wishes to file a Reply after 30 days have
passed, he or she must file a motion requesting to do so and an extension
may be granted only for good cause shown.
E. Powers of a Magistrate Judge. Within 21 days of commencement of a
Section 2241 proceeding in the Erie or Pittsburgh Divisions, the petitioner shall
execute and file a "CONSENT TO JURISDICTION BY UNITED STATES
MAGISTRATE JUDGE" form, either consenting to the jurisdiction of the
Magistrate Judge or electing to have the case randomly assigned to a District
Judge. Respondent shall execute and file within 21 days of its appearance a
form either consenting to the jurisdiction of the Magistrate Judge or electing to
have the case randomly assigned to a District Judge. If all parties do not consent
to Magistrate Judge jurisdiction, a District Judge shall be assigned and the
Magistrate Judge shall continue to manage the case consistent with 28 U.S.C.
§ 636.
The "CONSENT TO JURISDICTION BY UNITED STATES MAGISTRATE
JUDGE" form is available on this Court's website (www.pawd.uscourts.gov)
(CASE ASSIGNMENT SYSTEM). If a party elects to have the case assigned to
a District Judge, the Magistrate Judge shall continue to manage the case by
deciding non-dispositive motions and submitting reports and recommendations
on the petition and on dispositive motions, unless otherwise directed by the
District Judge.
F. Applicability of the Federal Rules of Civil Procedure. The Federal Rules
of Civil Procedure may be applied to a proceeding under these rules.
G. Appeals.
1. Upon entry of a final decision decided pursuant to 28 U.S.C. § 2241,
the Court shall set forth the judgment on a separate document and enter
the judgment on the civil docket as required under Fed. R. Civ. P. 58(a)(1).
2. The time for filing a notice of appeal is governed by Fed. R. App. P.
4(a) and such time commences when the Court enters the judgment as
described in said Rule.
H. The Appointment of Counsel. There is no constitutional right to counsel in
proceedings brought pursuant to 28 U.S.C. § 2241. Financially eligible
petitioners may, however, request that counsel be appointed at any time. See 18
U.S.C. § 3006A. The Court may appoint counsel for a petitioner who qualifies to
have counsel appointed under 18 U.S.C. § 3006A. This Local Rule is not
intended to alter or limit the appointment of counsel available pursuant to 18
U.S.C. § 3006A.
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Comment (June 2008)
All Section 2241 habeas cases in the Erie and Pittsburgh Divisions are assigned to a Magistrate
Judge only.
LCvR 2254 ACTIONS UNDER 28 U.S.C. § 2254
A. Scope.
1. These rules shall apply in the United States District Court, Western
District of Pennsylvania, in all proceedings initiated under 28 U.S.C.
§ 2254. In addition to these rules, all parties also should consult 28 U.S.C.
§ 2254 and the applicable provisions of the federal habeas corpus statute
at 28 U.S.C. §§ 2241-2266, as amended by the Antiterrorism and Effective
Death Penalty Act of 1996 ("AEDPA"), P.L. 104-132, effective April 24,
1996.
2. These Local Rules are intended to supplement, when necessary, the
corresponding rules promulgated by the United States Supreme Court that
are entitled "Rules Governing Section 2254 Proceedings for the United
States District Courts." Those rules are cited herein as "the Federal 2254
Rules," and a specific Federal 2254 Rule is cited as "Federal 2254 Rule
___." All parties should consult the Federal 2254 Rules at the
commencement of litigation to ensure compliance with the Federal 2254
Rules, as supplemented by these Local Rules. In filings submitted to this
Court, these Local Rules shall be cited as "LCvR 2254.__."
B. The Petition.
1. Naming the Respondent. If the petitioner is currently under a state
Court judgment and he or she is challenging the state Court
conviction/sentence, he or she must name as respondent the state officer
who has custody (i.e., the warden or superintendent). The petitioner must
also name as respondent the District Attorney of the county in which he or
she was convicted and sentenced. If a petitioner is challenging parole
proceedings, he or she must name as respondent the Pennsylvania Board
of Probation and Parole.
2. Form.
a. Form of Petitions Required. A petitioner who files a petition
seeking relief pursuant to 28 U.S.C. § 2254 may submit his or her
petition on the standard form supplied by this Court. If the petitioner
does not use the standard form, the petition must substantially
follow the standard form supplied by this Court or the form attached
to the Federal 2254 Rules. Petitions that do not utilize the standard
forms shall contain all of the information required by the standard
forms. If the petitioner is represented by counsel, the Electronic
Case Filing (ECF) procedures apply.
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b. Content. The petitioner is to state all grounds for relief, provide
specific facts supporting each argument, and identify the relief
requested. An accompanying memorandum of law is not required
but will be accepted by the Clerk of Court at the time the petition is
filed.
c. Where to Get the Standard Form. The standard form supplied
by this Court for 28 U.S.C. § 2254 petitions can be obtained free of
charge from the following sources: (i) this Court's website
(www.pawd.uscourts.gov) (FORMS/MANUALS); (ii) this Court's
Office of the Clerk of Court upon request; (iii) the Federal Public
Defender's website (http://paw.fd.org); or (iv) the Federal Public
Defender's Office upon request.
d. Requirements Concerning Filing Format. All filings in 28
U.S.C. § 2254 proceedings must by typed, word-processed or
neatly written in ink. All filings must be submitted on paper sized 8½
by 11 inches. No writing or typing shall be made on the back of any
filing.
e. Return of Petitions that Do Not Substantially Comply With
Local Form Rules. If the form or other initial filing submitted by a
pro se petitioner does not substantially comply with Federal 2254
Rule 2, as supplemented by these Local Rules, the Clerk of Court
will accept the petition and file it for the sole purpose of preserving
the timeliness. If the Court so directs, the filing may be returned to a
pro se petitioner with a copy of the Court's standard form, a
statement of reasons for its return, and a directive that the petitioner
resubmit the claims outlined in the original filing on the Court's form.
A petitioner will be given 21 days to return his or her filing on the
form supplied by this Court. A petitioner may seek leave of Court
for an extension of time to return the form.
f. Certificate Required in Death Penalty Case. A petitioner
challenging the imposition of a sentence of death pursuant to a state
Court judgment shall file with the Clerk of Court a copy of the
"Certificate of Death Penalty Case" required by the Third Circuit
L.A.R. Misc. 111.2(a). The certificate will include the following
information: names, addresses, and telephone numbers of parties
and counsel; if set, the proposed date of execution of the sentence;
and the emergency nature of the proceedings. Upon docketing, the
Clerk of Court will transmit a copy of the certificate, together with a
copy of the relevant documents, to the Clerk of the Court of Appeals
as required by Third Circuit L.A.R. Misc. 111.2(a).
C. Filing the Petition. The original Section 2254 petition shall be filed with the
Clerk of Court. Section 2254 petitions must be accompanied by the applicable
filing fee or for leave to proceed in forma pauperis.
D. Preliminary Review. These Local Rules provide no supplement to Federal
2254 Rule 4. Please consult that rule regarding preliminary review.
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E. The Answer and the Reply.
1. The Answer.
a. When Required. Upon the directive of the Court, the
respondent shall file an Answer to the petition in a form consistent
with LCvR 2254.E.1.b-f.
The Respondent may, within the time frame permitted by the Court
for the filing of the Answer, file a motion to dismiss if the respondent
believes that there is a clear procedural bar to the action, such as
the failure to exhaust, statute of limitations, abuse of the writ, and/or
successive petitions. A motion to dismiss need not be in a form
consistent with LCvR 2254.E.1.b-f. However, such a motion must
be accompanied by a certified copy of all relevant state Court
records.
b. Contents. The Answer is more than just a responsive pleading
that simply admits or denies the allegations contained in the petition.
In habeas petitions challenging a state conviction/sentence, the
Answer shall contain a discussion of the relevant procedural and
factual history of all state proceedings, including the state Court trial,
direct appeal, and post-conviction proceedings. In habeas petitions
challenging state parole proceedings, the Answer shall contain the
relevant procedural and factual history of the parole proceedings
and any state Court proceedings which related to the parole
proceedings.
The Answer also shall address procedural issues, the merits of the
petition, and shall contain accompanying legal argument and
citation to appropriate authorities. All assertions of historical or
procedural facts shall be accompanied by citations to the state
Court record and shall appear in a style comporting with the
designations employed in the index of materials prepared in
accordance with LCvR 2254.E.1.d.
c. The respondent must also provide the Court with a certified copy
of all relevant transcripts of the state trial and post-conviction
proceedings; relevant documentary evidence admitted at those
proceedings; briefs submitted by either party to any state Court
relating to the matter; opinions and dispositive orders of the state
Court or agency; other relevant state Court/agency records; and a
certified copy of the docket sheets of all the state Courts/agencies
involved. Care should be taken so that all items are photocopied
accurately, legibly, and in full.
d. The respondent shall also submit an index of all material
described in LCvR 2254.E.1.c. The pages of the records must be
sequentially numbered so that citations to those records will identify
the exact location where the information appears.
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e. If any item identified in LCvR 2254.E.1.c is not available at the
time the respondent submits an answer, the respondent shall notify
the Court that the item is unavailable. Once the item becomes
available, the respondent shall provide a supplemental lodging of
the item and index within 21 days of its availability.
f. As set forth in this Court's "Electronic Case Filing Policies and
Procedures," in addition to the items that must be filed electronically
with the Answer, a respondent shall also submit the original state
Court records, or a certified complete copy of those records. The
records shall be submitted in the traditional manner on paper. The
Clerk of Court shall note on the docket that the original state Court
records have been received. State Court records are not part of this
Court's permanent case file and will be returned to the appropriate
state Court upon final disposition, including appeals.
2. The Reply. Although not required, the petitioner may file a Reply (also
known as "a Traverse") within 30 days of the date the respondent files its
Answer. If the petitioner wishes to file a Reply after 30 days have passed,
he or she must file a motion requesting leave to do so. An extension may
be granted only for good cause shown.
F. Discovery. These Local Rules provide no supplement to Federal 2254 Rule
6. Please consult that rule regarding discovery.
G. Expanding the Record. If either party intends to rely on any document(s)
that are not a part of the state Court record, such party must include those
documents in a separate appendix attached to the pleading by which those
documents are being submitted. In addition, that party should address, in its
documents filed with the Court, why reliance on those documents is proper under
the federal habeas statute and Federal 2254 Rule 7.
H. Evidentiary Hearing. These Local Rules provide no supplement to Federal
2254 Rule 8. Please consult that rule regarding evidentiary hearings.
I. Second or Successive Petitions. These Local Rules provide no supplement
to Federal 2254 Rule 9. Please consult that rule regarding second or successive
petitions.
J. Powers of a Magistrate Judge. Within 21 days of commencement of a
Section 2254 proceeding in the Erie or Pittsburgh Divisions, the petitioner shall
execute and file a "CONSENT TO JURISDICTION BY UNITED STATES
MAGISTRATE JUDGE" form, either consenting to the jurisdiction of the
Magistrate Judge or electing to have the case randomly assigned to a District
Judge. Respondent shall execute and file within 21 days of its appearance a
form either consenting to the jurisdiction of the Magistrate Judge or electing to
have the case randomly assigned to a District Judge. If all parties do not consent
to Magistrate Judge jurisdiction, a District Judge shall be assigned and the
Magistrate Judge shall continue to manage the case consistent with 28 U.S.C.
§ 636.
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The "CONSENT TO JURISDICTION BY UNITED STATES MAGISTRATE
JUDGE" form is available on this Court's website (www.pawd.uscourts.gov)
(CASE ASSIGNMENT SYSTEM). If a party elects to have the case assigned to
a District Judge, the Magistrate Judge shall continue to manage the case by
deciding non-dispositive motions and submitting reports and recommendations
on the petition and on dispositive motions, unless otherwise directed by the
District Judge.
K. Applicability of the Federal Rules of Civil Procedure. These Local Rules
provide no supplement to Federal 2254 Rule 11. Please consult that rule
regarding applicability of the Federal Rules of Civil Procedure.
L. Appeals.
1. Upon entry of a final decision decided pursuant to 28 U.S.C. § 2254,
the Court shall set forth the judgment on a separate document and enter
the judgment on the civil docket as required under Fed. R. Civ. P. 58(a)(1).
2. The time for filing a notice of appeal is governed by Fed. R. App. P.
4(a) and such time commences when the Court enters the judgment as
described above in said Rule.
M. The Appointment of Counsel. There is no constitutional right to counsel in
proceedings brought pursuant to 28 U.S.C. § 2254. Financially eligible
petitioners may, however, request that counsel be appointed at any time. See 18
U.S.C. § 3006A. Pursuant to Federal 2254 Rule 6(a), the Court may, if
necessary for effective discovery, appoint counsel for a petitioner who qualifies to
have counsel appointed under 18 U.S.C. § 3006A. Pursuant to Federal 2254
Rule 8(c), if an evidentiary hearing is warranted, the Court must appoint counsel
to represent a moving party who qualifies to have counsel appointed under 18
U.S.C. § 3006A. This Local Rule is not intended to alter or limit the appointment
of counsel available pursuant to Federal 2254 Rule 6(a), Federal 2254 Rule 8(c),
or 18 U.S.C. § 3006A
Comment (June 2008)
All non-death penalty Section 2254 habeas cases in the Erie and Pittsburgh Divisions are
assigned to a Magistrate Judge only. (Death penalty Section 2254 habeas cases continue to be
assigned to District Judges only.)
LCvR 2255 ACTIONS UNDER 28 U.S.C. § 2255
A. Scope.
1. These rules shall apply in the United States District Court, Western
District of Pennsylvania, in all proceedings initiated under 28 U.S.C.
§ 2255. In addition to these rules, all parties also should consult 28 U.S.C.
§ 2255 and the applicable provisions of the federal habeas corpus statute,
28 U.S.C. §§ 2241-2266, as amended by the Antiterrorism and Effective
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Death Penalty Act of 1996 ("AEDPA"), P.L. 104-132, effective April 24,
1996.
2. These Local Rules are intended to supplement, when necessary, the
corresponding rules promulgated by the United States Supreme Court that
are entitled "Rules Governing Section 2255 Proceedings for the United
States District Courts." Those rules are cited herein as "the Federal 2255
Rules," and a specific Federal 2255 Rule is cited as “Federal 2255 Rule
___." All parties should consult the Federal 2255 Rules at the
commencement of litigation to ensure compliance with the Federal 2255
Rules, as supplemented by these Local Rules. In filings submitted to this
Court, these Local Rules shall be cited as "LCvR 2255.__."
B. The Motion.
1. Form.
a. Form of Motions Required. Motions seeking relief under 28
U.S.C. § 2255 filed with this Court may be submitted on the
standard form supplied by this Court. If the movant does not use
the standard form, the motion must substantially follow the standard
form supplied by this Court or the form attached to the Federal 2255
Rules. Motions that do not utilize the standard forms shall contain
all of the information required by the standard forms.
b. Content. In the § 2255 motion, the movant is to state all
grounds for relief, provide specific facts supporting each argument,
and identify the relief requested. An accompanying memorandum
of law is not required but will be accepted by the Clerk of Court at
the time the motion is filed.
c. Where to Get the Standard Form. The standard form supplied
by this Court for 28 U.S.C. § 2255 motions can be obtained free of
charge from the following sources: (i) this Court's website
(www.pawd.uscourts.gov); (ii) this Court's Office of the Clerk of
Court upon request; (iii) the Federal Public Defender's website
(http://paw.fd.org); or (iv) the Federal Public Defender's Office upon
request.
d. Requirements Concerning Filing Format. All filings in Section
2255 proceedings must by typed, word-processed or neatly written
in ink. All filings must be submitted on paper sized 8½ by 11 inches.
No writing or typing shall be made on the back of any filing.
e. Return of Motions that Do Not Substantially Comply With
Local Form Rules. If the form or other initial filing submitted by a
pro se movant does not substantially comply with Federal 2255 Rule
2, as supplemented by these Local Rules, the Clerk of Court will
accept the motion and file it for the sole purpose of preserving the
timeliness. If the Court so directs, the filing may be returned to a
pro se movant with a copy of the Court's standard form, a statement
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of reasons for its return, and a directive that the movant resubmit
the claims outlined in the original filing on the Court's form. A
movant will be given 21 days to return his or her filing on the form
supplied by this Court. A party may seek leave of Court for an
extension of time to return the form.
f. Certificate Required in Death Penalty Case. A movant
challenging the imposition of a sentence of death pursuant to a
federal Court judgment shall file with the Clerk of Court a copy of the
"Certificate of Death Penalty Case" required by the Third Circuit
L.A.R. Misc. 111.2(a). The certificate will include the following
information: names, addresses, and telephone numbers of parties
and counsel; if set, the proposed date of execution of the sentence;
and the emergency nature of the proceedings. Upon docketing, the
Clerk of Court will transmit a copy of the certificate, together with a
copy of the relevant documents, to the Clerk of the Court of Appeals
as required by Third Circuit L.A.R. Misc. 111.2(a).
C. Filing and Serving the Motion.
1. The original Section 2255 motion shall be filed with the Office of the
Clerk of Court.
2. Upon receiving the filing, the Clerk of Court will docket it at two places.
The Clerk of Court will assign a civil case number for the motion, open that
civil case, and enter the motion at that civil case number. At the same
time, the Clerk of Court will file and docket the motion at the movant's
related criminal case number. All filings related to the motion thereafter
will be filed and docketed at the criminal case number only, with the
exception of the final judgment order. The final judgment order will be filed
and docketed at the civil case number only. If the movant is represented
by counsel, Electronic Case Filing (ECF) procedures apply.
3. Following docketing of the filing, the Clerk of Court will deliver a copy of
the filing to the United States Attorney by way of a Notice of Electronic
Filing (NEF) or by hard copy. Although the United States Attorney has no
obligation to do so, he or she may elect to respond to the motion prior to
receipt of a District Court order directing that a response be filed.
D. Preliminary Review.
These Local Rules provide no supplement to Federal 2255 Rule 4. Please
consult that rule regarding preliminary review.
E. The Answer and the Reply.
1. Order Directing Response. Upon undertaking preliminary review of
the motion for relief under 28 U.S.C. § 2255 (and the United States
Attorney's initial response, if any), if the Court finds that there is no basis
for dismissal, the Court must enter an order directing the United States
Attorney to respond by way of an Answer, motion or other form of
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response within 45 days. An extension may be granted only for good
cause shown.
2. The Reply. Although not required, the movant may file a Reply within
30 days of the date the United States Attorney files its Answer or other
form of response. If the movant wishes to file a Reply after 30 days have
passed, he or she must file a motion requesting leave to do so. An
extension may be granted only for good cause shown.
F. Discovery. These Local Rules provide no supplement to Federal 2255 Rule
6. Please consult that rule regarding discovery.
G. Expanding the Record. These Local Rules provide no supplement to
Federal 2255 Rule 7. Please consult that rule regarding expanding the record.
H. Evidentiary Hearing. Local Rules of Criminal Procedure [insert Local Rule
here when that Rule is finalized] apply at a hearing under Federal 2255 Rule
8(d).
I. Second or Successive Motions. These Local Rules provide no supplement
to Federal 2255 Rule 9. Please consult that rule regarding second or successive
motions.
J. Powers of a Magistrate Judge. Motions filed under 28 U.S.C. § 2255 shall
be assigned to District Judges only.
K. Appeals.
1. Upon entry of a final decision on a motion decided pursuant to 28
U.S.C. § 2255, the Court shall set forth the judgment on a separate
document and enter the judgment on the civil docket as required under
Fed. R. Civ. P. 58(a)(1).
2. The time for filing a notice of appeal is governed by Fed. R. App. P.
4(a) and such time commences when the Court enters the judgment as
described above in subsection (a).
L. Applicability of the Federal Rules of Civil Procedure and the Federal
Rules of Criminal Procedure. These Local Rules provide no supplement to
Federal 2255 Rule 12. Please consult that rule regarding the applicability of the
Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure.
M. The Appointment of Counsel. There is no constitutional right to counsel in
proceedings brought under 28 U.S.C. § 2255. Financially eligible movants may,
however, request that counsel be appointed at any time. See 18 U.S.C.
§ 3006A. Pursuant to Federal 2255 Rule 6(a), the Court may, if necessary for
effective discovery, appoint counsel for a movant who qualifies to have counsel
appointed under 18 U.S.C. § 3006A. Pursuant to Federal 2255 Rule 8(c), if an
evidentiary hearing is warranted, the Court must appoint counsel to represent a
moving party who qualifies to have counsel appointed under 18 U.S.C. § 3006A.
This Local Rule is not intended to alter or limit the appointment of counsel
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available pursuant to Federal 2255 Rule 6(a), Federal 2255 Rule 8(c), or 18
U.S.C. § 3006A.
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
LOCAL CRIMINAL RULES OF COURT
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LOCAL CRIMINAL RULES OF COURT
LCrR 1 CITATION AND APPLICABILITY TO PRO SE DEFENDANTS
These rules may be cited as "LCrR." Where the defendant is proceeding pro se,
references in these rules to defense counsel shall be taken to include the pro se
defendant.
LCrR 5 INITIAL APPEARANCE BEFORE MAGISTRATE JUDGE
A. Opportunity to Consult With Counsel. A defendant shall be given an
opportunity to consult with counsel at his or her Initial Appearance and before an
initial interview with Pretrial Service Officers. The Federal Public Defender, or an
attorney from the CJA Panel if the Federal Public Defender has a conflict, as
directed by the Court, will provide advice of rights to defendants before their
interview with Pretrial Services. Notwithstanding the foregoing, the Court may
establish a separate protocol or procedure for situations involving the
substantially contemporaneous arrests of ten or more individuals.
B. Notification of Counsel. It is the responsibility of the Magistrate Judge
assigned to criminal duty to notify the Federal Public Defender, or the
defendant's retained counsel if known, before the Initial Appearance.
C. Eligibility for Appointed Counsel. When a defendant requests appointment
of counsel, and the Court determines that the defendant is eligible for appointed
counsel, the Court will appoint counsel under the Criminal Justice Act at the time
of the Initial Appearance.
D. Entry of Appearance. In all criminal cases involving privately retained
counsel, a notice of appearance of counsel shall be filed at or before the first
appearance of counsel. See also LCvR 83.2.C.1.
E. Withdrawal of Appearance. In any criminal proceeding, no attorney whose
appearance has been entered shall withdraw his or her appearance except upon
filing a written petition stating reasons for withdrawal, and only with leave of
Court and upon reasonable notice to the client. See also LCvR 83.2.C.4.
LCrR 10 ARRAIGNMENTS
Arraignments may be conducted by the Magistrate Judge in cases triable by the
Magistrate Judge and in other cases to the extent of taking a not guilty plea or
noting a defendant's intention to plead guilty or nolo contendere and ordering a
presentence report in appropriate cases. Upon the request of the defendant, the
government shall provide available Fed. R. Crim. P. 16 material to the defendant
at the time of the arraignment, and the Fed. R. Crim. P. 16 receipt shall be filed
with the Court. Upon written request by the defendant, the Magistrate Judge
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may set a date for the filing of pretrial motions up to 45 days from the date of the
arraignment, and order that the period of the extension shall be excluded from
the time within which the trial of the case shall commence under the Speedy Trial
Act, as necessary to provide the defendant with adequate time for investigation
and preparation of motions. Any other motions for extension of time shall be filed
with the District Judge.
Comment (February 2013)
Forms for Motions to Extend Time to File Pretrial Motions will be available to counsel at the time
of the arraignment and may be approved by Order of the Magistrate Judge. The 45 day period
will be excluded from the Speedy Trial Act 18 U.S.C. § 3161 et seq.
LCrR 12 PRETRIAL MOTIONS
A. Timing. Motions that must be made before trial under Fed. R. Crim. P.12,
those made under Rule 41, and a motion for a bill of particulars under
Fed. R. Crim. P. 7 shall be made within fourteen days after arraignment, unless
the court extends the time at arraignment, or upon written application made
within the said fourteen day period. The court, in its discretion, may, however, for
good cause shown, permit a motion to be made and heard at a later date.
B. Requirements. All such motions shall contain a short and plain description
of the requested relief and incorporate or be accompanied by a memorandum or
brief setting forth the reasons and legal support for the granting of the requested
relief.
C. Response. Any party opposing a motion may file and serve a response
within fourteen days after service of the motion, unless the time period is
otherwise extended by the Court. Every response shall incorporate or be
accompanied by a memorandum or brief setting forth the reasons and legal
support for the respondent's position.
D. Reply Memorandum. The movant may file and serve a reply memorandum
within fourteen days after service of the response, unless the time period is
otherwise extended by the Court.
E. Motion to Extend Time. Any motion to extend the time limits set forth above
shall set forth the grounds upon which it is made and whether the continuance
sought shall constitute, in whole or in part, excludable time as defined by 18
U.S.C. § 3161(h). Said motion to extend time shall be accompanied by a
proposed form of Order that, if adopted, will state fully and with particularity the
reasons for granting the motion as well as the proposed findings of the Court as
to excludable time. Extensions of the time limits set forth above shall be
excludable to the extent authorized by 18 U.S.C. § 3161(h). Extensions shall be
granted by the Court where warranted by the ends of justice in accordance with
the list of factors set forth in § 3161(h)(7)(B). The Court may consider good faith
scheduling conflicts, additional time needed for reasonable preparation, the
interests of the defendant and the government in maintaining continuity of
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counsel, and other unavoidable problems, such as emergencies and illness.
This list is illustrative and not exclusive.
LCrR 16 DISCOVERY AND INSPECTION
A. Compliance With Fed. R. Crim. P. 16. The parties shall comply with Fed. R.
Crim. P. 16, including the reciprocal discovery provisions of Fed. R. Crim. P.
16(b).
B. Timing. Upon a defendant's request, the government shall make available
the Rule 16 material at the time of the arraignment. If discovery is not requested
by the defendant at the time of the arraignment, the government shall disclose
such material within seven (7) days of a defendant's request. The government
shall file a receipt with the Court which sets forth the general categories of
information subject to disclosure under Rule 16, as well as any exculpatory
evidence, and the items provided under each category.
C. Exculpatory Evidence. At the time of arraignment, and subject to a
continuing duty of disclosure thereafter, the government shall notify the
defendant of the existence of exculpatory evidence, and permit its inspection and
copying by the defendant.
D. Voluntary Disclosure. Nothing in this rule shall be construed to prevent the
government from voluntarily disclosing material to the defendant at an earlier
time than that required by Fed. R. Crim. P. 16, Fed. R. Crim. P. 26.2 and 18
U.S.C. § 3500.
E. Obligation to Confer. Counsel shall confer and attempt to resolve issues
regarding additional discovery before a motion to produce is filed with the Court.
F. Status Conference. The Court shall hold a status conference with counsel
approximately 30 days after Arraignment, on a date certain to be set by the
Court. Counsel must be prepared to discuss case scheduling matters, including
the timing of disclosures required by law or by rule of Court, as well as the
progress of discovery to date. The attendance of the defendant shall be at the
discretion of the Court.
LCrR 23 LAW ENFORCEMENT EVIDENCE
In all cases where money, firearms, narcotics, controlled substances or any
matter of contraband is introduced into evidence, such evidence shall be
maintained for safekeeping by law enforcement during all times when court is not
in session, and at the conclusion of the case. The law enforcement agent will be
responsible for its custody if the evidence is required for any purpose thereafter.
See also LCvR 5.1.J.
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LCrR 24.1 JURY LIST
Members of the bar of this court shall be permitted to have a copy of each jury
list on condition that a receipt be signed with the Clerk of Court at the date of
delivery thereof which shall contain as the substance the following certification:
"I hereby certify that I and/or my firm or associates have litigation pending and in
connection therewith, I will require a list of jurors. I further acknowledge to have
received a copy of said list of jurors from the Clerk of Court and hereby agree
that I will not, nor will I permit any person or agency, to call or contact any juror
identified on said list at his or her home or any other place, nor will I call or
contact any immediate member of said juror's family, which includes his or her
spouse, children, mother, father, brother, or sister, in an effort to determine the
background of any member of said jury panel for acceptance or rejection of said
juror.
/s/_________________
Date: "
LCrR 24.2 EXAMINATION OF JURORS BEFORE TRIAL
Jury selection in a criminal case shall be governed by Fed. R. Crim. P. 23 and 24
and by such procedures established by the trial judge. In its discretion, the Court
may require potential jurors to complete a questionnaire before the formal voir
dire process commences.
A. Examination of Jurors Before Trial. During the examination of jurors
before trial, the Judge or a representative of the Clerk of Court conducting such
examination, shall state the following to the jurors collectively:
1. The name of each of the defendants and the names of the attorneys for
the parties; and
2. The nature of the case and the offenses charged.
B. Required Questions. The examination of jurors shall contain the following
questions, or questions substantially similar thereto:
1. Do you know any of the defendants?
2. Do you know any of the attorneys in the case? Have they or their firms
ever represented you or any members of your immediate family?
3. Do you know anything about this case?
4. (If appropriate) Are you or any member of your immediate family,
employees, former employees or stockholders in any of the corporations or
businesses involved in this case? The names of corporations and
businesses involved in this case are:
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5. Are you or any member of your immediate family employed by the
federal government (with the exception of military service)? What do they
do?
6. Are you or any member of your immediate family employed by any law
enforcement agency?
C. Questions to Individual Jurors. The following questions, where
appropriate, shall, inter alia, be put to each juror individually:
1. What is your present occupation?
2. Who is you employer?
3. If you are retired, who was your last employer and what was your
occupation?
4. Are you married? If so, what is your spouse's occupation and who is
your spouse's employer?
5. Do you have any children? Do any of them work in the Western District
of Pennsylvania? For whom do they work and what do they do?
6. Have you ever been a witness or defendant in a criminal case?
7. Have you ever been the victim of a crime?
8. Any other question which in the judgment of the Court shall be deemed
proper.
LCrR 24.3 COMMUNICATION WITH A TRIAL JUROR
A. During Trial. During the trial, no party, attorney for a party, or person acting
on behalf of a party or attorney, shall communicate directly or indirectly with any
of the following: (1) a juror, (2) an excused juror, (3) an alternate juror or (4) a
family member or person living within the same household as a juror, excused
juror or alternate juror.
B. After Trial. After a verdict is rendered or a mistrial is declared, the Court
shall inform the jury that no juror is required to speak to anyone, but that a juror
may do so if the juror wishes.
LCrR 24.4 JUROR NOTE TAKING
Jurors may be permitted to take notes in the discretion of the Court. If jurors are
permitted to take notes, the Court will provide jurors with the necessary
materials, and shall retain custody of the notes when Court is not in session or
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the jury is not deliberating. After the jury is discharged by the Court, the notes
shall be destroyed.
LCrR 28 INTERPRETERS
A court certified interpreter will be provided by the Court and present for all
proceedings involving defendants who are not proficient in English.
LCrR 32 PROCEDURE FOR GUIDELINE SENTENCING
The following procedures hereby are established to govern sentencing
proceedings in this Court, in addition to the requirements of Fed. R. Crim. P. 32;
the Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq.; and the advisory
United States Sentencing Guidelines ("U.S.S.G."), as promulgated under that Act
and by the Sentencing Commission Act, 28 U.S.C. § 991 et seq.
A. Timing of Sentencing. Unless the Court orders otherwise, sentencing
proceedings shall be scheduled no earlier than 14 weeks following the entry of a
plea of guilty or nolo contendere, or the entry of a verdict of guilty.
B. Presentence Investigation and Report. Counsel is directed to the
requirements of Fed. R. Crim. P. 32(c) and Fed. R. Crim. P. 32(d) regarding
Presentence Investigations and Reports.
C. Presentence Procedures. No later than 7 weeks prior to the date set for
sentencing, the United States Probation Office ("USPO") shall disclose the
tentative Presentence Investigation Report ("PSR") to only the defendant, the
defendant's attorney, and the attorney for the government. See Fed. R. Crim. P.
32(e)(2) and § 6A1.2(a) of the U.S.S.G.
1. Confidentiality. The PSR is a confidential court document. No copies
or dissemination of the PSR shall be made without the express permission
or Order of this Court, except that, pursuant to Third Circuit Local
Appellate Rule 30.3(c), copies may be made for the United States Court of
Appeals in any appeal from the sentence. The unauthorized copying or
disclosure of the PSR may be treated as a contempt of court and be
punished accordingly.
2. Administrative Resolution. If a party disputes facts or factors
material to sentencing contained in the PSR, or seeks the inclusion of
additional facts or factors material to sentencing, that party shall have the
obligation to pursue the administrative resolution of that matter through
informal presentence conferences with opposing counsel and the USPO.
a. The party seeking administrative resolution of such facts and
factors shall do so within 2 weeks from the disclosure of the
tentative PSR.
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b. No later than 2 weeks after the disclosure of the tentative PSR,
following any good faith efforts to resolve disputed, or include
additional, material facts or factors described above, the USPO shall
notify the attorneys for the government and the defendant of those
matters that have, or have not, been administratively resolved.
3. Disclosure of PSR to Court. Following the 2 week time period for
administrative resolution, and no later than 5 weeks before sentencing,
pursuant to Fed. R. Crim. P. 32(g), the USPO shall disclose the PSR, as
may be amended, to the Court, the defendant, the attorney for the
defendant, and the attorney for the government.
4. Objections; Positions of the Parties. No later than 4 weeks before
sentencing, the parties each shall file with the court a pleading entitled
"Position of [Defendant or Government, as appropriate] With Respect to
Sentencing Factors," pursuant to Fed. R. Crim. P. 32(f) and § 6A1.2(b) of
the U.S.S.G. This pleading shall set forth any objections to the PSR and
any anticipated grounds for: (a) departure from the advisory guideline
sentencing range; or, (b) a sentence outside of the advisory guideline
sentencing range, pursuant to the provisions of 18 U.S.C. § 3553(a). The
party's Position With Respect to Sentencing shall be accompanied by a
written statement certifying that filing counsel has conferred with opposing
counsel and with the USPO in a good faith effort to resolve any disputed
matters.
5. Responses to Objections and Positions. A party may file a
response to the opposing party's Position With Respect to Sentencing
Factors no later than 3 weeks prior to the sentencing.
6. Action on Objections; Addendum. After receiving counsel's
objections and any responses thereto, the USPO shall conduct such
further investigation as appropriate. The USPO may meet or otherwise
confer with counsel to discuss unresolved factual or legal issues.
a. No later than 2 weeks before sentencing, the USPO shall serve
an addendum which shall set forth any unresolved objections to the
PSR, the grounds for those objections, the responses thereto, and
the USPO's comments thereon.
b. The USPO shall certify that the PSR, together with any revision
thereof and any addendum thereto, have been disclosed to the
defendant and all counsel of record, and that the addendum fairly
sets forth any remaining objections and responses.
7. Court's Tentative Findings and Rulings. Prior to the sentencing
hearing, the Court shall notify the parties and the USPO of the Court's
tentative findings and rulings, to the extent practicable, concerning
disputed facts or factors. Reasonable opportunity shall be provided to the
parties, prior to the imposition of sentence, for the submission of oral or
written objections to the Court's tentative findings and rulings.
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8. Supplemental Information and Memoranda. No later than 1 week
before sentencing, a party may file supplemental information or a
memorandum with respect to sentencing of the defendant, and shall
serve the same upon the USPO. If counsel for the defendant intends to
submit letters to the Court for consideration at sentencing, said letters
should be electronically filed at least seven calendar days before
sentencing. Opposing counsel may file a response to any supplemental
information or memorandum no later than three days before sentencing.
9. Additional Information and Memoranda. For good cause shown,
the Court may allow additional information and memoranda, and the
responses thereto, to be raised at any time prior to the imposition of
sentence.
10. Introducing Evidence. When any fact or factor material to the
sentencing determination is reasonably in dispute, the parties shall be
given an adequate opportunity to introduce evidence and to present
information to the Court regarding that fact or factor, in accordance with
§ 6A1.3(a) of the U.S.S.G.
11. Court Determinations. Except with respect to any objection made
pursuant to Fed. R. Crim. P. 32(f) and LCrR 32.C.5, above, the Court may
accept as accurate any undisputed portion of the PSR as a finding of fact.
However, with respect to disputed portions of the PSR, the Court shall
make determinations pursuant to Fed. R. Crim. P. 32(i)(3) and § 6A1.3 of
the U.S.S.G.
D. Judicial Modifications. For good cause shown, the time limits set forth in
LCrR 32 may be modified by the Court.
E. Pre-Plea Presentence Investigations and Reports. Under appropriate
circumstances, and with the written consent of the defendant pursuant to Fed. R.
Crim. P. 32(e)(1), the Court may order the USPO to conduct a Presentence
Investigation and prepare a PSR for a defendant prior to the entry of a plea of
guilty or nolo contendere. The scope of any pre-plea PSR shall be determined
by the Court.
F. Revocation of Probation and Supervised Release. In every case where
revocation of probation or supervised release is sought, the United States
Probation Office shall prepare and disclose to the defendant’s attorney and the
attorney for the government a Violation Work Sheet outlining the terms and class
of the original conviction, the grading of each alleged violation and the advisory
guideline range of sanctions for the alleged violation, if applicable.
G. Nondisclosure of Probation Office’s Sentencing Recommendation. The
specific sentencing recommendation of the United States Probation Office, which
is submitted to the Court, shall not be disclosed to the parties or their counsel.
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LCrR 41 INSPECTION AND COPYING OF SEIZED PROPERTY
Under appropriate circumstances, upon the filing of a motion and a showing of
good cause by the party seeking relief, the Court may enter an order which
permits such party (1) to have reasonable access to seized property, including
documents, for inspection; or (2) to obtain copies of seized documents or
property other than contraband. The moving party shall bear the cost of copying,
unless otherwise ordered by the Court for good cause shown. In fashioning an
order for relief under this Rule, the Court shall consider, among other things, the
burden of compliance with the order upon the government, as well as the needs
of the party seeking relief. Nothing herein is intended to limit any remedies which
may be available under Fed. R. Crim. P. 41(g).
LCrR 46 TYPES OF BAIL IN CRIMINAL CASES
Provided that a bond in the form available at the office of the Clerk of Court is
executed, any of the following may be accepted as security:
A. United States currency, or a certificate of deposit of a federally insured bank
or savings and loan association, or federal, state or local government securities
or bonds, or corporate securities or bonds of companies listed on the New York
Stock Exchange, or a combination thereof, in the face amount of the bail,
provided that the instruments are payable on demand, and provided further that,
if the instruments are payable to one or more persons, the Clerk of Court or the
appropriate judicial officer is satisfied that the endorsements of all owners have
been secured as obligers.
B. Real property in the Commonwealth of Pennsylvania, including realty in which
the defendant has an interest, in which the market value of the property after
subtracting the current value of all mortgages, liens and judgments, equals the
amount of the bond. See also Fed. R. Crim. P. 46(e).
The Clerk of Court shall maintain in its office and on its official website the
procedures and requirements for posting of property bonds.
C. A surety company or corporation authorized by the Secretary of Treasury of
the United States to act as surety on official bonds under the Act of August 13,
1894 (28 Stat. 279, as amended, U.S.C. Title 6, 1-13).
D. Such other property as the court deems sufficient pursuant to the Bail Reform
Act of 1984, 18 U.S.C. § 3142(c)(2)(K).
LCrR 49 ELECTRONIC CASE FILING; SEALING OF DOCUMENTS
A. Electronic Case Filing Policies and Procedures. Counsel must comply
with the Electronic Case Filing Policies and Procedures promulgated by the
Court which govern all criminal cases and matters. All documents must comply
with the privacy protection provisions set forth in Fed. R. Crim. P. 49.1 and LCvR
5.2.D.
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B. Filing by Electronic Means. Documents may be filed, signed and verified
by electronic means to the extent and in the manner authorized by the Court's
Standing Order regarding Electronic Case Filing Policies and Procedures and the
ECF User Manual. A document filed by electronic means in compliance with this
Local Rule constitutes a written document for the purposes of applying these
Local Rules, the Federal Rules of Civil Procedure and the Federal Rules of
Criminal Procedure. See also LCvR 5.5.
C. Service by Electronic Means. Documents may be served through the
Court's transmission facilities by electronic means to the extent and in the
manner authorized by the Standing Order regarding Electronic Case Filing
Policies and Procedures and the ECF User Manual. Transmission of the Notice
of Electronic Filing constitutes service of the filed document upon each party in
the case who is registered as a Filing User. Any other party or parties shall be
served documents according to these Local Rules, the Federal Rules of Civil
Procedure and the Federal Rules of Criminal Procedure. See also LCvR 5.6.
D. Filing Under Seal. The following documents shall be accepted by the Clerk
for filing under seal without the necessity of a separate sealing order:
(1) Motions setting forth the substantial assistance of a defendant in the
investigation or prosecution of another person pursuant to U.S.S.G. § 5K1.1 or
Fed. R. Crim. P. 35; (2) Motions for writs to produce incarcerated witnesses for
testimony; (3) Motions for subpoenas for witnesses; (4) Motions by counsel
seeking authorization for the expenditure of funds under the Criminal Justice Act,
or seeking reimbursement for expenses incurred or attorney's fees. Such
documents should be presented to the Clerk in hard copy for scanning and
docketing under seal.
E. Provision of Sealed Documents to Opposing Party. Counsel of record
may exchange copies of sealed documents, without obtaining leave of court, if
the document is provided in an ongoing criminal case.
LCrR 57 ASSIGNMENT OF CASES
A. Criminal Action Categories. All criminal cases in this district shall be
divided into the following categories:
1a. Narcotics and Other Controlled Substances, 1 to 2 Defendants
1b. Narcotics and Other Controlled Substances, 3 to 9 Defendants
1c. Narcotics and Other Controlled Substances, 10 or more
Defendants
2a. Fraud and Property Offenses, 1 to 2 Defendants
2b. Fraud and Property Offenses, 3 to 9 Defendants
2c. Fraud and Property Offenses, 10 or more Defendants
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3. Crimes of Violence
4. Sex Offenses
5. Firearms and Explosives
6. Immigration
7. All Others.
For purposes of determining the appropriate category, the number of defendants
in related indictments which are returned during the same grand jury session
shall be combined.
See also LCvR 40.B.
B. Assignment of Criminal Cases to District Judges. All criminal cases shall
be assigned by the Clerk of Court at the earlier of (1) the time of filing of the
indictment or information; (2) when any appeal is taken from a Magistrate
Judge's decision on bail; (3) upon the filing of a motion for return of seized
property; (4) upon the filing of a motion to quash a subpoena; (5) upon the filing
of a motion to dismiss the complaint; (6) upon the filing of any motions of a
similar nature that a Magistrate Judge concludes must be handled by a District
Judge; or, (7) at the time of filing any motion in a case at the magisterial stage for
a competency determination.
C. Related Actions. At the time of filing any criminal action or entry of
appearance or any initial pleading or motion by defense counsel, as the case
may be, counsel shall indicate on an appropriate form whether the action is
related to any other pending or previously terminated actions in this Court. For
the purpose of completing the form, all criminal actions arising out of the same
criminal transaction or series of transactions are deemed related.
LCrR 58 PROCEDURES FOR MISDEMEANORS AND OTHER PETTY OFFENSES
See LCvR 72.
LCrR 83 FREE PRESS -- FAIR TRIAL PROVISIONS
A. Release of Information in Criminal Litigation. A lawyer or law firm shall
not release or authorize the release of information or opinion that a reasonable
person would expect to be disseminated by means of public communication, in
connection with pending or imminent criminal litigation with which he or she or
the firm is associated, if there is a substantial likelihood that such release would
materially prejudice ongoing criminal proceedings.
B. Release Beyond Public Record. With respect to a pending investigation of
any criminal matter, a lawyer participating in or associated with the investigation
shall refrain from making any extrajudicial statement that a reasonable person
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would expect to be disseminated by means of public communication, that goes
beyond the public record, if there is a substantial likelihood that such statement
would materially prejudice such pending investigation.
C. Subjects Likely to Be Materially Prejudicial. From the time of arrest,
issuance of an arrest warrant, or the filing of a complaint, information, or
indictment in any criminal matter until the commencement of trial or disposition
without trial, extrajudicial statements by a lawyer or law firm associated with the
prosecution or defense that a reasonable person would expect to be
disseminated by means of public communication relating to the following subjects
are substantially likely to be considered materially prejudicial to ongoing criminal
proceedings:
1. the prior criminal record (including arrests, indictments, or other
charges of crime), or the character or reputation of the accused, except
that the lawyer or law firm may make a factual statement of the accused's
name, age, residence, occupation, and family status, and if the accused
has not been apprehended, a lawyer associated with the prosecution may
release any information necessary to aid in his or her apprehension or to
warn the public of any dangers he or she may present;
2. the existence or contents of any confession, admission, or statement
given by the accused, or the refusal or failure of the accused to make any
statement;
3. the performance of any examinations or tests or the accused's refusal
or failure to submit to an examination or test;
4. the identity, testimony or credibility of prospective witnesses, except
that the lawyer or law firm may announce the identity of the victim if the
announcement is not otherwise prohibited by law;
5. the possibility of a plea of guilty to the offense charged or a lesser
offense; or
6. any opinion as to the accused's guilt or innocence or as to the merits
of the case or the evidence in the case, except that counsel may
announce without further comment that the accused asserts innocence or
denies the charges made against him or her.
Unless otherwise prohibited by law, the foregoing shall not be construed to
preclude the lawyer or law firm during this period, in the proper discharge of his
or her or its official or professional obligations, from announcing the fact, time
and place of arrest, the identity of the investigating and arresting officer or
agency, and the length of the investigation; from disclosing the nature,
substance, or text of the charge, including a brief description of the offense
charged; from quoting or referring without comment to public records of the Court
in the case; from announcing the scheduling or result of any stage in the judicial
process; from requesting assistance in obtaining evidence; or from announcing
without further comment that the accused asserts innocence or denies the
charges made against him or her.
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LCrR 83.2 PRO HAC VICE ADMISSIONS
Pro Hac Vice Admissions. A motion for admission pro hac vice must be made by
the attorney seeking to be admitted and must be accompanied by an affidavit
from the attorney seeking to be admitted pro hac vice (the “affiant”). The affidavit
must include the affiant’s name, law firm affiliation (if any), business address, and
bar identification number. The affiant must attest in the affidavit that the affiant is
a registered user of ECF in the United States District Court for the Western
District of Pennsylvania, that the affiant has read, knows, and understands the
Local Rules of Court for the United States District Court for the Western District
of Pennsylvania, and that the affiant is a member in good standing of the bar of
any state or of any United States District Court. The affidavit must list the bars of
any state or of any United States court of which the affiant is a member in good
standing. The affiant must attach to the affidavit one current certificate of good
standing from the bar or the court in which the affiant primarily practices. The
affidavit also must list and explain any previous disciplinary proceedings
concerning the affiant’s practice of law that resulted in a non-confidential
negative finding or sanction by the disciplinary authority of the bar of any state or
any United States court. The Court will not rule on a motion for admission pro
hac vice that does not include an affidavit containing the information and
attestations required by this rule. The forms of the motion for admission pro hac
vice and accompanying affidavit are set forth in “Appendix LCvR/LCrR 83.2.B-
MOTION,” and “Appendix LCvR/LCrR 83.2,B-AFFIDAVIT.”
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
LOCAL BANKRUPTCY APPELLATE RULES OF COURT
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LOCAL BANKRUPTCY APPELLATE RULES OF COURT
LBR 8007-2 APPEAL TO THE DISTRICT COURT FROM THE BANKRUPTCY COURT
A. Appeals to the United States District Court from the United States Bankruptcy
Court for the Western District of Pennsylvania pursuant to 28 U.S.C. § 158, shall
be taken in the manner prescribed in Part VIII of the Federal Rules of Bankruptcy
Procedure (hereinafter Fed. R. Bankr. P.), Rule 8001, et seq.
B. Where, after a notice of appeal to the United States District Court has been
filed in the Bankruptcy Court, the appellant fails to designate the contents of the
record on appeal or fails to file a statement of issues on appeal within the time
required by Fed. R. Bankr. P. 8006, or fails to provide, when appropriate,
evidence that a transcript has been ordered and that payment therefor has been
arranged, or fails to take any other action to enable the bankruptcy clerk to
assemble and transmit the record:
1. the bankruptcy clerk shall provide fourteen (14) days notice to the
appellant and appellee of an intention to transmit a partial record
consistent with Subsection B.2. of this rule;
2. after the 14 day notice period required by subsection B.1. of this rule
has expired, the clerk of the bankruptcy court shall thereafter promptly
forward to the clerk of the United States District Court a partial record
consisting of a copy of the order or judgment appealed from, any opinion,
findings of fact, and conclusions of law by the court, the notice of appeal,
a copy of the docket entries, any documents filed as part of the appeal,
and any copies of the record which have been designated by the parties
pursuant to Fed. R. Bankr. P. 8006; the record as transmitted shall be
deemed to be the complete record for purposes of the appeal; and
3. the district court may dismiss said appeal for failure to comply with
Fed. R. Bankr. P. 8006 upon its own motion, or upon motion filed in the
district court by any party in interest or the United States trustee.
C. Notwithstanding any counter designation of the record or statement of issues
filed by the appellee, if the appellee fails to provide, where appropriate, evidence
that a transcript has been ordered and that payment therefore has been
arranged, or the appellee fails to take any other action to enable the bankruptcy
clerk to assemble and transmit the record pursuant to Fed. R. Bankr. P. 8006,
the bankruptcy clerk shall transmit the copies of the record designated by the
parties and this shall be deemed to be the complete record on appeal.
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LBR 9015-1 JURY TRIAL IN BANKRUPTCY COURT
A. In accordance with 28 U.S.C. § 157(e), the Bankruptcy Judges of this Court
are specially designated to conduct jury trials where the right to a jury applies.
This jurisdiction is subject to the express consent of all parties.
B. The jurors will be drawn from the same qualified jury wheels, consisting of the
same counties, that are used in this Court.
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
APPENDICES TO RULES
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APPENDIX LCvR 7.1.A
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
)
) Civil Action No. _______________
)
vs. ) or
)
) Criminal Action No. ____________
)
DISCLOSURE STATEMENT
Pursuant to LCvR 7.1 of the Western District of Pennsylvania and to enable Judges and
Magistrate Judges to evaluate possible disqualification or recusal, the undersigned counsel for
,in the
above captioned action, certifies that the following are parents, subsidiaries and/or affiliates of
said party that have issued shares or debt securities to the public:
or
Pursuant to LCvR 7.1 of the Western District of Pennsylvania and to enable Judges and
Magistrate Judges to evaluate possible disqualification or recusal, the undersigned counsel for
, in the above captioned
action, certifies that there are no parents, subsidiaries and/or affiliates of said party that have
issued shares or debt securities to the public.
______________________________________
Date Signature of Attorney or Litigant
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APPENDIX LCvR 7.1.B
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
)
)
)
vs. ) Civil Action No. _______________
)
)
)
RICO CASE STATEMENT
Pursuant to LCvR 7.1.B, any party filing a civil action under 18 U.S.C. §§ 1961-1968
shall set forth those facts upon which such party relied to initiate the RICO claim as a result of
the "reasonable inquiry" required by Fed. R. Civ. P. 11. The statement shall be in paragraph
form corresponding by number and letter to the paragraphs and subparagraphs appearing
below and shall provide in detail and with specificity the information required herein.
1. State whether the alleged unlawful conduct is in violation of any or all of the
provisions of 18 U.S.C. §§ 1962(a), (b), (c) or (d).
2. List each defendant and state the alleged misconduct and basis of liability of each
defendant.
3. List alleged wrongdoers, other than the defendants listed above, and state the
alleged misconduct of each.
4. List the alleged victims and state how each victim has been allegedly injured.
5. Describe in detail the pattern of racketeering activity or collection of unlawful debts
alleged for each RICO claim. The description of the pattern of racketeering shall include the
following information:
a. A list of the alleged predicate acts and the specific statutes which were
allegedly violated;
b. The date of each predicate act, the participants in each such predicate act
and the relevant facts surrounding each such predicate act;
c. The time, place and contents of each alleged misrepresentation, the identity of
persons by whom and to whom such alleged misrepresentation was made and if the
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predicate act was an offense of wire fraud, mail fraud or fraud in the sale of securities.
The "circumstances constituting fraud or mistake" shall be stated with particularity as
provided by Fed. R. Civ. P. 9(b);
d. Whether there has been a criminal conviction for violation of any predicate act
and, if so, a description of each such act;
e. Whether civil litigation has resulted in a judgment in regard to any predicate
act and, if so, a description of each such act;
f. A description of how the predicate acts form a "pattern of racketeering
activity."
6. State whether the alleged predicate acts referred to above relate to each other as
part of a common plan, and, if so, describe in detail the alleged enterprise for each RICO claim.
A description of the enterprise shall include the following information:
a. The names of each individual partnership, corporation, association or other
legal entity which allegedly constitute the enterprise;
b. A description of the structure, purpose, function and course of conduct of the
enterprise;
c. Whether each defendant is an employee, officer or director of the alleged
enterprise;
d. Whether each defendant is associated with the alleged enterprise;
e. Whether it is alleged that each defendant is an individual or entity separate
from the alleged enterprise, or that such defendant is the enterprise itself, or a member
of the enterprise; and
f. If any defendant is alleged to be the enterprise itself, or a member of the
enterprise, an explanation whether each such defendant is a perpetrator, passive
instrument or victim of the alleged racketeering activity.
7. State and describe in detail whether it is alleged that the pattern of racketeering
activity and the enterprise are separate or have merged into one entity.
8. Describe the alleged relationship between the activities of the enterprise and the
pattern of racketeering activity. Discuss how the racketeering activity differs from the usual and
daily activities of the enterprise, if at all.
9. Describe what benefits, if any, the alleged enterprise receives from the alleged
pattern of racketeering.
10. Describe the effect of the activities of the enterprise on interstate or foreign
commerce.
11. If the complaint alleges a violation of 18 U.S.C. § 1962(a), provide the following
information:
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a. The recipient of the income derived from the pattern of racketeering activity or
through the collection of an unlawful debt; and
b. A description of the use or investment of such income.
12. If the complaint alleges a violation of 18 U.S.C. § 1962(b), describe in detail the
acquisition or maintenance of any interest in or control of the alleged enterprise.
13. If the complaint alleges a violation of 18 U.S.C. § 1962(c), provide the following
information:
a. The identity of each person or entity employed by, or associated with, the
enterprise and
b. Whether the same entity is both the liable "person" and the "enterprise" under
§ 1962(c).
14. If the complaint alleges a violation of 18 U.S.C. § 1962(d), describe in detail the
alleged conspiracy.
15. Describe the alleged injury to business or property.
16. Describe the direct causal relationship between the alleged injury and the violation
of the RICO statute.
17. List the damages sustained by each plaintiff for which each defendant is allegedly
liable.
18. List all other federal causes of action, if any, and provide the relevant statute
numbers.
19. List all pendent state claims, if any.
20. Provide any additional relevant information that would be helpful to the court in
processing the RICO claim.
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APPENDIX LCvR 16.1.A
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF PENNSYLVANIA
[CAPTION]
[JUDICIAL OFFICER(S)]
Fed. R. Civ. P. 26(f) REPORT OF THE PARTIES
Counsel for the parties and unrepresented parties shall confer regarding the matters
identified herein and prepare a signed report in the following form to be filed at least 21 days
before the Initial LCvR 16.1 Scheduling Conference or at such other time as ordered by the
court. This report form may be downloaded from the Court's website as a word-processing
document and the information filled in as requested on the downloaded form. The dates to be
provided in the report are suggested dates and may be accepted or modified by the Court.
1. Identification of counsel and unrepresented parties. Set forth the names,
addresses, telephone and fax numbers and e-mail addresses of each unrepresented
party and of each counsel and identify the parties whom such counsel represent:
2. Set forth the general nature of the case (patent, civil rights, anti-trust, class action,
etc.):
3. Date Rule 26(f) Conference was held, the identification of those participating
therein and the identification of any party who may not yet have been served or
entered an appearance as of the date of said Conference:
4. Date of Rule 16 Initial Scheduling Conference as scheduled by the Court: (Lead
Trial Counsel and unrepresented parties shall attend the Rule 16 Initial Scheduling
Conference with their calendars in hand for the purpose of scheduling other pre-trial
events and procedures, including a Post-Discovery Status Conference; Counsel and
unrepresented parties shall attend the Rule 16 Initial Scheduling Conference prepared to
discuss the anticipated number of depositions and identities of potential deponents and
the anticipated dates by which interrogatories, requests for production of documents and
requests for admissions will be served):
5. Identify any party who has filed or anticipates filing a dispositive motion pursuant
to Fed. R. Civ. P. 12 and the date(s) by which any such anticipated motion may be
filed:
6. Designate the specific Alternative Dispute Resolution (ADR) process the parties
have discussed and selected, if any, and specify the anticipated time frame for
completion of the ADR process. Set forth any other information the parties wish
to communicate to the court regarding the ADR designation:
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7. Set forth any change that any party proposes to be made in the timing, form or
requirements of Fed. R. Civ. P. Rule 26(a) disclosures, whether such change is
opposed by any other party, whether any party has filed a motion seeking such
change and whether any such motion has been ruled on by the Court:
8. Subjects on which fact discovery may be needed. (By executing this report, no party
shall be deemed to (1) have waived the right to conduct discovery on subjects not listed
herein or (2) be required to first seek the permission of the Court to conduct discovery
with regard to subjects not listed herein):
9. Set forth suggested dates for the following (The parties may elect by agreement to
schedule a Post-Discovery Status Conference, as identified in Paragraph 12, below, at
the conclusion of Fact-Discovery rather than at the conclusion of Expert Discovery. In
that event, the parties should provide suggested dates only for the events identified in
sub-paragraphs 9.a through 9.e, below. The parties shall provide such information even
if dispositive motions pursuant to Fed. R. Civ. P. 12 have been or are anticipated to be
filed. If there are dates on which the parties have been unable to agree, set forth the
date each party proposes and a brief statement in support of each such party's proposed
date. Attach to this report form a proposed Court Order setting forth all dates agreed to
below and leaving a blank for the insertion of a date by the Court for any date not agreed
to):
a. Date(s) on which disclosures required by Fed. R. Civ. P. 26(a) have been or
will be made:
b. Date by which any additional parties shall be joined:
c. Date by which the pleadings shall be amended:
d. Date by which fact discovery should be completed:
e. If the parties agree that discovery should be conducted in phases or limited
to or focused on particular issues, identify the proposed phases or issues
and the dates by which discovery as to each phase or issue should be
completed:
f. Date by which plaintiff's expert reports should be filed:
g. Date by which depositions of plaintiff's expert(s) should be completed:
h. Date by which defendant's expert reports should be filed:
i. Date by which depositions of defendant's expert(s) should be completed:
j. Date by which third party expert's reports should be filed:
k. Date by which depositions of third party's expert(s) should be completed:
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10. If the parties agree that changes should be made to the limitations on discovery imposed
by the Federal Rules of Civil Procedure or Local Rule or that any other limitations should
be imposed on discovery, set forth such changes or limitations:
11. Please answer the following questions in regard to the discovery of electronically stored
information (“ESI”):
a. ESI. Is either party seeking the discovery of ESI in this case?
□ Yes □ No [If “No,” skip to sub-part (e) below.]
b. ESI Discovery Plan. The parties have reviewed and discussed the Court’s
Checklist for Rule 26(f) Meet and Confer Regarding Electronically Stored
Information set forth in “Appendix LCvR 26.2.C-CHECKLIST” to the Local Rules
and:
□ Have agreed that, in light of the facts and issues in this case, there is no need
to complete an ESI discovery plan, and will conduct ESI discovery by
_______
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________.
□ Have developed an ESI discovery plan (as attached).
□ Will have an ESI discovery plan completed by ________________.
NOTE: At the direction of the Court, parties may be required to submit a draft of
the Stipulated Order re: Discovery of Electronically Stored Information for
Standard Litigation set forth in “Appendix LCvR 26.2.E-MODEL ORDER” to the
Local Rules, to address specific issues relative to the parties’ exchange of
electronic discovery and ESI. If the parties are unable to do so, they should
advise the Court promptly.
c. Preservation. Have the parties agreed on any protocol for the preservation of
electronic data and/or potentially relevant ESI?
□ Yes □ No
d. ADR. Does any party believe that the exchange of ESI is necessary prior to
conducting meaningful Alternative Dispute Resolution (“ADR”) in this case?
□ Yes □ No
e. Clawback Agreement. The parties have reviewed F.R.C.P. 26(b)(5), F.R.E.
502 and LCvR 16.1.D, Procedures Following Inadvertent Disclosure, and:
□ Request the Court enter an Order implementing Federal Rule of Evidence
502(d) such as the model Order set forth in “Appendix LCvR 16.1.D” to the Local
Rules and filed with this Report.
□ Have agreed on alternate non-waiver language, which either is or will be
incorporated within the ESI discovery plan.
□ Are unable to agree on appropriate non-waiver language.
f. EDSM and E-Mediator. Does any party believe that the appointment of an
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E-Discovery Special Master (“EDSM”) or E-Mediator would help resolve ESI
discovery issues in this case? For further information, see the Court’s official
website at http://www.pawd.uscourts.gov.
□ Yes □ No
g. Other. Identify all outstanding disputes concerning any ESI issues:
________________________________________________________________
________________________________________________________________
________________________________________________________________
12. Set forth whether the parties have elected to schedule the Post-Discovery Status
Conference following the completion of Fact Discovery or Expert Discovery; in either
event the parties shall be prepared at the Post-Discovery Status Conference to discuss
and/or schedule the following: (The parties are not required during their Rule 26(f)
Conference to consider or propose dates for the items identified below. Those dates will
be determined, if necessary, at the Post-Discovery Status Conference. Lead trial
counsel for each party and each unrepresented party are required to attend the Post-
Discovery Status Conference with their calendars in hand to discuss those items listed
below that require scheduling. In addition, a representative with settlement authority of
each party shall be required to attend; representatives with settlement authority of any
insurance company providing any coverage shall be available throughout the
Conference by telephone):
a. Settlement and/or transfer to an ADR procedure;
b. Dates for the filing of expert reports and the completion of expert discovery
as itemized in sub-paragraphs 9.f. through 9.k., above, if the parties elected
to defer such discovery until after the Post-Discovery Status Conference;
c. Dates by which dispositive motions pursuant to Fed. R. Civ. P. 56, replies
thereto and responses to replies should be filed;
d. Dates by which parties' pre-trial statements should be filed;
e. Dates by which in limine and Daubert motions and responses thereto
should be filed;
f. Dates on which motions in limine and Daubert motions shall be heard;
g. Dates proposed for final pre-trial conference;
h. Presumptive and final trial dates.
13. Set forth any other order(s) that the parties agree should be entered by the court
pursuant to Fed. R. Civ. P. 16(b) or 26(c):
14. Set forth whether the parties anticipate that the court may have to appoint a special
master to deal with any matter and if so, specify the proposed role of any such master
and any special qualifications that such master may require to perform such role:
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15. If the parties have failed to agree with regard to any subject for which a report is required
as set forth above, except for proposed dates required in paragraph 9, above, briefly set
forth the position of each party with regard to each matter on which agreement has not
been reached:
16. Set forth whether the parties have considered the possibility of settlement of the action
and describe briefly the nature of that consideration:
Respectfully submitted,
______________________________________________
______________________________________________
______________________________________________
______________________________________________
______________________________________________
(Signatures of counsel and unrepresented parties)
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Appendix LCvR 16.1.D
Order implementing Federal Rule of Evidence 502(d)
1. No Waiver by Disclosure. This Order is entered pursuant to Rule 502(d) of the
Federal Rules of Evidence. Subject to the provisions of this Order, if a party (the “Producing
Party”) discloses information in connection with the pending litigation, that the Producing Party
thereafter claims to be protected by the attorney-client privilege and/or trial preparation material
protection (“Protected Information”), the disclosure of that Protected Information will not
constitute or be deemed a waiver or forfeiturein this or any other federal, state, arbitration, or
any other proceedingof any claim of privilege or protection as trial preparation material that
the Producing Party would otherwise be entitled to assert with respect to the Protected
Information and its subject matter.
2. Notification Requirements; Best Efforts of Receiving Party. A Producing
Party must promptly notify the party receiving the Protected Information (the “Receiving Party”),
in writing that it has disclosed the Protected Information without intending a waiver by the
disclosure. The notification by the Producing Party shall include as specific an explanation as
possible why the Protected Information is covered by the attorney-client privilege and/or
constitutes trial preparation material. Upon such notification, the Receiving Party mustunless
it contests the claim of attorney-client privilege or protection as trial preparation material in
accordance with paragraph (3)promptly (a) notify the Producing Party that it will make best
efforts to identify and return, sequester or destroy (or in the case of electronically stored
information, delete) the Protected Information and any reasonably accessible copies it has and
(b) provide a certification that it will cease further review, dissemination and use of the Protected
Information. [For purposes of this Order, Protected Information that has been stored on a
source of electronically stored information that is not reasonably accessible, such as backup
storage media, is sequestered. If such data is retrieved, the Receiving Party must promptly take
steps to delete or sequester the restored Protected Information.]
3. Contesting Claims of Privilege or Protection as Trial Preparation Material.
If the Receiving Party contests the claim of attorney-client privilege or protection as trial
preparation material, the Receiving Party mustwithin 30 days of receipt of the notification
referenced in Paragraph (2)move the Court for an Order finding that the material referenced
in the notification does not constitute Protected Information. This Motion must be filed (with
Court approval) under seal and cannot assert the fact or circumstance of the disclosure as a
ground for determining that the material does not constitute Protected Information. Pending
resolution of the Motion, the Receiving Party must not use the challenged information in any
way or disclose it to any person other than as required by law to be served with a copy of the
sealed Motion.
4. Stipulated Time Periods. The parties may stipulate to extend the time periods
set forth in subparagraphs (2) and (3).
5. Burden of Proving Privilege or Protection as Trial Preparation Material. The
Disclosing Party retains the burdenupon challenge pursuant to Paragraph (3)
of establishing
the privileged or protected nature of the Protected Information.
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6. In Camera Review. Nothing in this Order limits the right of any party to petition
the Court for an in camera review of the Protected Information.
7. Voluntary and Subject Matter Waiver. This Order does not preclude a party
from voluntarily waiving the attorney-client privilege or trial preparation material protection. The
provisions of Federal Rule of Evidence 502(a) apply when the Disclosing Party uses or indicates
that it may use information produced under this Order to support a claim or defense.
8. Rule 502(b)(2). The failure to take reasonable steps to prevent the disclosure
shall not give rise to a waiver of the privilege.
9. Other Clawback and Confidentiality Obligations. This Order does not affect
or rescind any Clawback Agreement or Order governing protection of confidential information to
which the parties have otherwise agreed.
10. Severability. The invalidity or unenforceability of any provisions of this Order
shall not affect the validity or enforceability of any other provision of this Order, which shall
remain in full force and effect.
Note
The Court has adopted this Model Order to implement fully the protections of Federal
Rule of Evidence 502(d) if the parties believe a Rule 502(d) order is in the best interests of their
clients. The fact that the parties enter into a Rule 502(d) order to streamline discovery and
avoid privilege waiver, however, does not affect in any way their right to review documents, ESI,
and information before production.
The parties are free to opt against requesting a Rule 502(d) order, to request that Court
not enter such an Order, or to request that the court enter a modified version of the Model
Order. For example, the parties could narrow the scope of their 502(d) order by limiting it to a
certain universe of documents, permitting privilege waiver if the producing party did so
intentionally or did not take reasonable steps to prevent disclosure, or applying privilege waiver
to the documents produced but not to other documents governing the same subject matter. The
parties could also expand the protection against waiver to privileges other than the attorney-
client privilege or as to trial preparation material. The Court takes no position on the advisability
of a Rule 502(d) order in a particular case.
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APPENDIX LCvR 23.E
Fed. R. Civ. P. 26(f) JOINT REPORT OF THE PARTIES (CLASS ACTION)
1. Identification of counsel and unrepresented parties.
2. Set forth the general nature of the case (anti-trust, consumer finance, securities,
employment, etc):
3. Date Rule 26(f) Conference was held, the identification of those participating
therein and the identification of any party who may not yet have been served or
entered an appearance as of the date of said Conference:
4. Date of Rule 16 Initial Scheduling Conference as scheduled by the Court: (Lead
Trial Counsel and unrepresented parties shall attend the Rule 16 Initial Scheduling
Conference with their calendars in hand for the purpose of scheduling other pre-trial
events and procedures, including a Post-Discovery Status Conference; Counsel and
unrepresented parties shall attend the Rule 16 Initial Scheduling Conference prepared to
discuss the anticipated number of depositions and identities of potential deponents and
the anticipated dates by which interrogatories, requests for production of documents and
requests for admissions will be served):
5. Identify any party who has filed or anticipates filing a dispositive motion pursuant
to Fed. R. Civ. P. 12 and the date(s) by which any such anticipated motion may be
filed:
6. Designate the specific Alternative Dispute Resolution (ADR) process the parties
have discussed and selected, if any, and specify the anticipated time frame for
completion of the ADR process. Set forth any other information the parties wish
to communicate to the court regarding the ADR designation:
7. Set forth any change that any party proposes to be made in the timing, form or
requirements of Fed. R. Civ. P. Rule 26(a) disclosures, whether such change is
opposed by any other party, whether any party has filed a motion seeking such
change and whether any such motion has been ruled on by the Court:
8. Discovery prior to Class Certification must be sufficient to permit the Court to
determine whether the requirements of Fed. R. Civ. P. Rule 23 are satisfied,
including a preliminary inquiry into the merits of the case to ensure appropriate
management of the case as a Class Action. However, in order to ensure that a
class certification decision be issued at an early practicable time, priority shall be
given to discovery on class issues. Once Class Certification is decided, the Court
may, upon motion of a party, enter a second scheduling and discovery order, if
necessary.
9. Subjects on which class certification discovery may be needed. (By executing
this report, no party shall be deemed to (1) have waived the right to conduct
discovery on subjects not listed herein or (2) be required to first seek the
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permission of the Court to conduct discovery with regard to subjects not listed
herein):
10. Set forth suggested dates for the following (The parties shall provide such
information even if dispositive motions pursuant to Fed. R. Civ. P. 12 have been or are
anticipated to be filed, except to the extent discovery and other proceedings have been
or will be stayed under the Private Securities Litigation Reform Act or otherwise. If there
are dates on which the parties have been unable to agree, set forth the date each party
proposes and a brief statement in support of each such party's proposed date. Attach to
this report form a proposed Court Order setting forth all dates agreed to below and
leaving a blank for the insertion of a date by the Court for any date not agreed to):
a. Date(s) on which disclosures required by Fed. R. Civ. P. 26(a) have been or
will be made:
b. Date by which any additional parties shall be joined:
c. Date by which the pleadings shall be amended:
d. Date by which class certification discovery shall be completed:
e. Date by which plaintiffs' expert reports as to class certification shall be
filed:
f. Date by which defendants' expert reports as to class certification shall be
filed:
g. Date by which depositions of class certification experts must be
completed:
h. Plaintiffs' Motion for Class Certification, Memorandum in Support, and all
supporting evidence shall be filed by ______________:
i. Defendants' Memorandum in Opposition to Class Certification and all
supporting evidence shall be filed by _____________:
j. Plaintiffs' Reply Memorandum in support of class certification, if any, shall
be filed by _____________:
k. The Class Certification hearing shall be as scheduled by the Court.
11. After the resolution of the motion for class certification, the Court shall hold a
Post-Certification Determination Conference to discuss how the case shall
proceed in light of the disposition of the Class motion. If the parties wish to
establish a schedule for post-Class Certification pretrial matters at this time, set
forth suggested dates for the following:
a. Date by which fact discovery should be completed:
b. Date by which plaintiff's expert reports should be filed:
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c. Date by which depositions of plaintiff's expert(s) should be completed:
d. Date by which defendant's expert reports should be filed:
e. Date by which depositions of defendant's expert(s) should be completed:
g. Date by which third party expert's reports should be filed:
h. Date by which depositions of third party's experts should be completed.
12. If the parties agree that changes should be made to the limitations on discovery
imposed by the Federal Rules of Civil Procedure or Local Rule or that any other
limitations should be imposed on discovery, set forth such changes or limitations:
13. Please answer the following questions in regard to the discovery of electronically
stored information (“ESI”):
a. ESI. Is either party seeking the discovery of ESI in this case?
□ Yes □ No [If “No,” skip to sub-part (e) below.]
b. ESI Discovery Plan. The parties have reviewed and discussed the Court’s
Checklist for Rule 26(f) Meet and Confer Regarding Electronically Stored
Information set forth in “Appendix LCvR 26.2.C-CHECKLIST” to the Local
Rules and:
□ Have agreed that, in light of the facts and issues in this case, there
is no need to complete an ESI discovery plan, and will conduct e-
discovery by
__________________________________________________________.
□ Have developed an ESI discovery plan (as attached).
□ Will have an ESI discovery plan completed by
________________________.
NOTE: At the direction of the court, parties may be required to
submit a draft of the Stipulated Order re: Discovery of Electronically
Stored Information for Standard Litigation set forth in “Appendix
LCvR 26.2.E-MODEL ORDER” to the Local Rules, to address specific
issues relative to the parties’ exchange of electronic discovery and
ESI. If the parties are unable to do so, they should advise the Court
promptly.
c. Preservation. Have the parties agreed on any protocol for the preservation
of electronic data and/or potentially relevant ESI?
□ Yes □ No
d. ADR. Does any party believe that the exchange of ESI is necessary prior to
conducting meaningful Alternative Dispute Resolution (ADR) in this case?
□ Yes □ No
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e. Clawback Agreement. The parties have reviewed F.R.C.P. 26(b)(5), F.R.E.
502 and LCvR 16.1.D., Procedures Following Inadvertent Disclosure, and:
□ Request the Court enter an Order implementing Federal Rule of
Evidence 502(d) such as the model Order set forth in “Appendix
LCvR 16.1.D” to the Local Rules and filed with this Report.
□ Have agreed on alternative non-waiver language, which either is or
will be incorporated within the ESI discovery plan.
□ Are unable to agree on appropriate non-waiver language.
f. EDSM and E-Mediator. Does any party believe that the appointment
of an E-Discovery Special Master (“EDSM”) or E-Mediator
(http://www.pawd.uscourts.gov/ed-information) would help resolve
ESI discovery issues in this case?
□ Yes □ No
g. Other. Identify all outstanding disputes concerning any ESI issues:
________________________________________________________________
________________________________________________________________
________________________________________________________________
14. Set forth whether the parties have elected to schedule the Post-Discovery Status
Conference following the completion of Fact Discovery or Expert Discovery; in
either event the parties shall be prepared at the Post-Discovery Status Conference
to discuss and/or schedule the following: (The parties are not required during their
Rule 26(f) Conference to consider or propose dates for the items identified below.
Those dates will be determined, if necessary, at the Post-Discovery Status Conference.
Lead trial counsel for each party and each unrepresented party are required to attend
the Post-Discovery Status Conference with their calendars in hand to discuss those
items listed below that require scheduling. In addition, a representative with settlement
authority of each party shall be required to attend; representatives with settlement
authority of any insurance company providing any coverage shall be available
throughout the Conference by telephone):
a. Settlement and/or transfer to an ADR procedure;
b. Dates for the filing of expert reports and the completion of expert discovery
as itemized in sub-paragraphs 11.b. through 11.h., above, if the parties
elected to defer such discovery until after the Post-Discovery Status
Conference;
c. Dates by which dispositive motions pursuant to Fed. R. Civ. P. 56, replies
thereto and responses to replies should be filed;
d. Dates by which parties' pre-trial statements should be filed;
e. Dates by which in limine and Daubert motions and responses thereto
should be filed;
f. Dates on which motions in limine and Daubert motions shall be heard;
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g. Dates proposed for final pre-trial conference;
h. Presumptive and final trial dates.
15. Set forth any other order(s) that the parties agree should be entered by the court
pursuant to Fed. R. Civ. P. 16(b) or 26(c):
16. Set forth whether the parties anticipate that the court may have to appoint a
special master to deal with any matter and if so, specify the proposed role of any
such master and any special qualifications that such master may require to
perform such role:
17. If the parties have failed to agree with regard to any subject for which a report is
required as set forth above, except for proposed dates required in paragraph 10
and/or 11, above, briefly set forth the position of each party with regard to each
matter on which agreement has not been reached:
18. Set forth whether the parties have considered the possibility of settlement of the
action and describe briefly the nature of that consideration:
Respectfully submitted,
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Appendix LCvR 26.2.C-CHECKLIST
United States District Court
Western District of Pennsylvania
CHECKLIST FOR RULE 26(f) MEET AND CONFER
REGARDING ELECTRONICALLY STORED INFORMATION
In cases where electronically stored information will be exchanged between the parties, the
Court encourages the parties to engage in on-going meet and confer discussions and use the
following Checklist to guide those discussions. These discussions should be framed in the
context of the specific claims and defenses involved. The usefulness of particular topics on the
checklist, and the timing of discussion about these topics, may depend on the nature and
complexity of the matter. Parties may obtain discovery of such materials, and on such terms, as
permitted by the Federal Rules of Civil Procedure, the Local Rules of Court, and the applicable
Orders of Court.
I. Preservation
܆ The ranges of creation, last modified, last accessed, or receipt dates for any
known ESI to be preserved.
܆ The description of data from sources that are not reasonably accessible and that
will not be reviewed for responsiveness or produced, but that will be preserved
pursuant to Federal Rule of Civil Procedure 26(b)(2)(B).
܆ The description of data (including source and volume) from sources that (a) the
party believes could contain relevant information but (b) has determined, under
the proportionality factors, should not be preserved.
܆ Whether or not to continue any interdiction of any document destruction program,
such as ongoing erasures of e-mails, voicemails, and other electronically-
recorded material and/or any ongoing preservation requirements (i.e.,
“evergreen”).
܆ The names and/or general job titles or descriptions of custodians for whom ESI
will be preserved (e.g., “HR head,” “scientist,” “marketing manager,” etc.).
܆ The number of custodians for whom ESI will be preserved.
܆ The list of systems, if any, that contain ESI not associated with individual
custodians and that will be preserved, such as enterprise databases, legacy
data, and human resource records.
܆ Any disputes related to scope or manner of preservation.
܆ Any non-party to consult regarding ESI, including entities over which a party has
control.
II. Resource Person
܆ The identity of each party’s e-discovery resource person(s).
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III. Informal Discovery About Locations of Data and Types of Systems
܆ Identification of systems from which discovery will be prioritized (e.g., email,
structured databases, database types, and unstructured data).
܆ Description of systems in which potentially discoverable information is stored.
܆ Location of systems in which potentially discoverable information is stored.
܆ How potentially discoverable information is stored.
܆ How discoverable information can be collected from systems and media in which
it is stored.
܆ Whether there are known relevant file paths or data locations.
IV. Proportionality and Costs
܆ The amount and nature of the claims being made by either party.
܆ The nature and scope of burdens associated with the proposed preservation and
discovery of ESI.
܆ The likely benefit of the proposed discovery.
܆ Costs that the parties will share to reduce overall discovery expenses, such as
the use of a common electronic discovery vendor or a shared document
repository, or other cost-saving measures.
܆ Limits on the scope of preservation or other cost-saving measures.
܆ Whether there is potentially discoverable ESI that will not be preserved
consistent with proportionality concerns.
V. Search
܆ The search method(s), including specific words or phrases or other methodology
(cluster technology/predictive coding), that will be used to identify discoverable
ESI and filter out ESI that is not subject to discovery.
܆ The quality control method(s) the producing party will use to evaluate whether a
production is missing relevant ESI or contains substantial amounts of irrelevant
ESI.
VI. Phasing
܆ Whether it is appropriate to conduct discovery of ESI in a phased or iterative
approach (e.g., by issue, timeframe, custodians, databases, liability v. damages):
܆ Sources of ESI most likely to contain discoverable information and that will be
included in the first phases of Fed. R. Civ. P. 34 document discovery. (i.e., known
relevant file paths, email between specific parties during a given period of time).
܆ Sources of ESI less likely to contain discoverable information from which
discovery will be postponed or avoided.
܆ Custodians (by name or role) most likely to have discoverable information and
whose ESI will be included in the first phases of document discovery.
܆ Custodians (by name or role) less likely to have discoverable information and
from whom discovery of ESI will be postponed or avoided.
܆ The time period during which discoverable information was most likely to have
been created or received.
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܆ The issues that are relevant to any party’s claim or defense.
VII. Production
܆ The formats in which structured ESI (database, collaboration sites, etc.) will be
produced.
܆ The formats in which unstructured ESI (email, presentations, word processing,
etc.) will be produced.
܆ The extent, if any, to which metadata will be produced and the fields of metadata
to be produced.
܆ The production format(s) that ensure(s) that any inherent searchability of ESI is
not degraded when produced.
VIII. Privilege
܆ How any production of privileged information or trial preparation material will be
handled.
܆ Whether the parties can agree upon alternative ways to identify documents
withheld on the grounds of privilege or protection of trial preparation material to
reduce the burdens of such identification.
܆ Whether the parties will enter into a Fed. R. Evid. 502(d) Stipulation and Order
that addresses inadvertent or agreed production, and if so, the form and content
of such Order.
IX. E-Discovery Special Masters and/or E-Mediators
܆ Would it be helpful to the parties for the Court to appoint an E-Discovery Special
Master and/or E-Mediator? For further information, see the Court’s official
website at http://www.pawd.uscourts.gov/ed-information.
X. Expedited or Limited Discovery
܆ Are the parties willing to engage in limited discovery or an expedited discovery
schedule?____________________________
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Appendix LCvR 26.2.C-GUIDELINES
United States District Court
Western District of Pennsylvania
GUIDELINES FOR THE DISCOVERY OF
ELECTRONICALLY STORED INFORMATION
GENERAL GUIDELINES
Guideline 1.01 (Purpose)
Discovery often now includes the review and production of electronic information. The
discovery of electronically stored information “ESI” provides many benefits such as the ability to
search, organize, and target the ESI using the text and associated data. At the same time, the
Court is aware that the discovery of ESI is a potential source of cost, burden, and delay. These
Guidelines should assist the parties as they engage in electronic discovery. The purpose of
these Guidelines is to encourage reasonable electronic discovery with the goal of limiting the
cost, burden and time spent, while ensuring that information subject to discovery is preserved
and produced to allow for fair adjudication of the merits. At all times, the discovery of ESI
should be handled consistently with Fed. R. Civ. P. 1 to “secure the just, speedy, and
inexpensive determination of every action and proceeding.”
These Guidelines also promote, when ripe, the early resolution of disputes regarding the
discovery of ESI without Court intervention. These guidelines are a supplement to LCvR 26.2.
Guideline 1.02 (Cooperation)
The Court expects cooperation on issues relating to the preservation, collection, search, review,
and production of ESI. The Court notes that an attorney’s representation of a client is not
compromised by conducting discovery in a cooperative manner. Cooperation in reasonably
limiting ESI discovery requests on the one hand, and in reasonably responding to ESI discovery
requests on the other hand, tends to reduce litigation costs and delay. The Court emphasizes
the particular importance of cooperative exchanges of information at the earliest possible stage
of discovery, including during the parties’ Fed. R. Civ. P. 26(f) conference.
Guideline 1.03 (Discovery Proportionality)
The proportionality standard set forth in Fed. R. Civ. P. 26(b)(1) and 26(g)(1)(B)(iii) should be
applied to the discovery plan and its elements, including the preservation, collection, search,
review, and production of ESI between parties.
1
To assure reasonableness and proportionality
in discovery, parties should consider factors that include the importance of the issues at stake in
the litigation, the burden or expense of the proposed discovery compared to its likely benefit, the
amount in controversy, the parties’ resources, the parties’ relative access to relevant
information, and the importance of the discovery in adjudicating the merits of the case. To
further the application of the proportionality standard, discovery requests for production of ESI
and related responses should be reasonably targeted, clear, and as specific as practicable.
1
Fed. R. Civ. P. 45(c)(2)(B) outlines a different standard with regard to non-parties through its
direction to courts to protect, through measures that include fee-shifting, such non-parties from
significant discovery expenses.
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ESI DISCOVERY GUIDELINES
Guideline 2.01 (Preservation)
(a) At the outset of a case, or sooner if feasible, counsel for the parties should
discuss preservation. Such discussions should continue to occur periodically as
the case and issues evolve.
(b ) In determining what ESI to preserve, parties should apply the proportionality
standard referenced in Guideline 1.03. The parties should strive to define a
scope of preservation that is proportionate and reasonable and not
disproportionately broad, expensive, or burdensome.
(c) The Parties should be directed in their discussions concerning preservation by
the Checklist for Rule 26(f) Meet and Confer
Regarding Electronically Stored Information set forth in “Appendix LCvR 26.2.C-
CHECKLIST” to the Local Rules. At the direction of the Court, or at the request
of a party or the parties, a Court Order concerning preservation may be
submitted for Court approval, with the Stipulated Order re: Discovery of
Electronically Stored Information for Standard Litigation set forth in “Appendix
LCvR 26.2.E-Model Order” to the Local Rules providing a framework for
applicable provisions.
Guideline 2.02 (Rule 26(f) Meet and Confer)
At the required Rule 26(f) meet and confer conference, when a case involves electronic
discovery, the topics that the parties should consider discussing include: 1) preservation; 2)
systems that contain discoverable ESI; 3) search and production; 4) phasing of discovery; 5)
protective orders (including application of LCvR 16.1.D and Fed. R. Evid. 502); and 6)
opportunities to reduce costs and increase efficiency. In order to be meaningful, the meet and
confer should involve direct communications between counsel (preferably, in person and/or by
telephone), and be as sufficiently detailed on these topics as is appropriate in light of the
specific claims and defenses at issue in the case. The topics to discuss include those set forth
in Question 11 of the Rule 26(f) report set forth in “Appendix LCvR 16.1.A” to the Local Rules
and Question 13 the Rule 26(f) report for Class Actions set forth in “Appendix LCvR 23.E” to the
Local Rules, as applicable. In addition, some or all of the details set forth in LCvR 26.2 and the
Checklist for Rule 26(f) Meet and Confer Regarding Electronically Stored Information set forth in
“Appendix LCvR 26.2.C-CHECKLIST” to the Local Rules may be useful to discuss, especially in
cases where the discovery of ESI is likely to be a significant cost or burden. The Court
encourages the parties to address any agreements or disagreements related to the above
matters in the joint case management statement required by LCvR 26.2. At the direction of the
Court, the parties may be required to submit a draft of a Stipulated Order re: Discovery of
Electronically Stored Information for Standard Litigation such as the model Order set forth in
“Appendix LCvR 26.2.E-MODEL ORDER” to the Local Rules.
Guideline 2.03 (Informal Discovery Regarding ESI)
Consistent with Guideline 1.02, the Court strongly encourages an informal discussion about the
discovery of ESI (rather than deposition) at the earliest reasonable stage of the discovery
process. Counsel, or others knowledgeable about the parties’ electronic systems, including how
potentially relevant data is stored and retrieved, should be involved or made available as
necessary. Such a discussion will help the parties be more efficient in framing and responding
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to ESI discovery issues, reduce costs, and assist the parties and the Court in the event of a
dispute involving ESI issues.
Guideline 2.04 (Disputes Regarding ESI Issues)
Disputes regarding ESI that counsel for the parties are unable to resolve shall be presented to
the Court at the earliest possible opportunity, such as at the initial Case Management
Conference. The Court may require additional meet and confer discussions, if appropriate. The
Court may appoint and/or the Parties may seek the appointment of an E-Discovery Special
Master or E-Discovery Mediator (http://www.pawd.uscourts.gov/ed-information) to assist the
Court in resolving ESI disputes.
EDUCATION GUIDELINES
Guideline 3.01 (Judicial Expectations of Counsel)
It is expected that counsel for the parties, including all counsel who have appeared, as well as
all others responsible for making representations to the Court or opposing counsel (whether or
not they make an appearance), will be familiar with the following in each litigation matter:
(a) The electronic discovery provisions of the Federal Rules of Civil Procedure,
including Rules 26, 33, 34, 37, and 45, and Fed. R. Evid. 502 (including
applicable Advisory Committee Reports); and
(b) LCvR 26.2, these Guidelines, and this Court’s Checklist for Rule 26(f) Meet and
Confer Regarding ESI set forth in “Appendix LCvR 26.2-CHECKLIST” and
Stipulated E-Discovery Order for Standard Litigation set forth in “Appendix LCvR
26.2.E-MODEL ORDER” to the Local Rules.
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APPENDIX LCvR 26.2.E-MODEL ORDER
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF PENNSYLVANIA
) Case Number: C xx-xxxx
)
)
) MODEL STIPULATED ORDER
Plaintiff(s), ) RE: DISCOVERY OF
) ELECTRONICALLY STORED
vs. ) INFORMATION FOR STANDARD
) LITIGATION
)
)
)
Defendant(s). )
_________________________________________)
1. PURPOSE
This Order will govern discovery of electronically stored information ("ESI'') (including
scanned hard-copy documents) in this case as a supplement to the Federal Rules of Civil
Procedure, this Court's Guidelines for the Discovery of Electronically Stored Information, and
any other applicable orders and rules.
2. COOPERATION
The parties are aware of the importance the Court places on cooperation and commit to
cooperate in good faith throughout the matter consistent with this Court's Guidelines for the
Discovery of ESI.
3. RESOURCE PERSON
The parties have identified to each other the resource persons who are and will be
knowledgeable about and responsible for discussing their respective ESI. Each ESI resource
person will be, or have access to those who are, knowledgeable about the technical aspects of
ESI, including the location, nature, accessibility, format, collection, search methodologies, and
production of ESI in this matter. The parties will rely on the resource persons, as needed, to
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confer about ESI and to help resolve disputes without court intervention. The resource person
is not necessarily the person who would be designated to testify related to a person or entity's
preservation efforts, document retention policies, collection efforts, or other related matters.
4. PRESERVATION
The parties have discussed their preservation obligations and needs and agree that
preservation of potentially relevant ESI (e.g., email, text ESI, voicemail, spreadsheets,
databases, etc.) will be reasonable and proportionate. To reduce the costs and burdens of
preservation and to ensure proper ESI is preserved, the parties agree that:
a) Only ESI accessed, modified, created or received between [the dates]
___________and __________ relating to the above-captioned matter will be preserved
1
;
b) Based upon their investigation to date, the parties have exchanged a list of the
types of ESI they believe should be preserved and the custodians, or general job titles or
descriptions of custodians, for whom they believe ESI should be preserved. The parties shall
add or remove custodians as reasonably necessary;
c) The parties have agreed/will agree on the number of custodians per party for
whom ESI will be preserved;
d) The following data sources are not reasonably accessible, and the parties agree
not to preserve the following: [e.g., backup media created before ________ , ESI in foreign
jurisdictions, data in slack space, digital voicemail, instant messaging, automatically saved
versions of ESI];
e) The following data sources will be preserved but not searched, reviewed, or
produced: [e.g., backup media of [named] system, systems no longer in use that cannot be
accessed, etc.];
f) In addition to the agreements above, the parties agree that data from the
following sources (a) could contain relevant information but (b) under the proportionality factors,
should not be preserved: [the following databases that by their nature change as new
information is added to them, accessed and modified dates, etc.]:
_____________________________________;
g) In terms of preservation, the parties agree/disagree that there is no need for
forensic images of servers, databases, computers, cell phones, etc. [except for the following
data sources: ]
2
1
The parties may estimate or agree to the volume of data to be produced (i.e., number of
documents, files, or GB of data).
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5. SEARCH AND IDENTIFICATION
The parties agree that in responding to an initial Fed. R. Civ. P. 34 request, or earlier if
appropriate, they will meet and confer about methods to search ESI in order to identify ESI that
is subject to production in discovery and filter out ESI that is likely not subject to discovery. The
parties are permitted to use reasonable search methods to narrow down the ESI to be reviewed
for production in discovery (e.g., search terms, technology assisted review, deduplication,
elimination of correspondence with attorneys, client self-collection efforts, etc.); however, the
parties must be prepared to discuss the reasonableness of such efforts.
6. PRODUCTION FORMATS
The parties agree to produce ESI in (check all that apply) TIFF, native, PDF,
and/or paper or a combination thereof (check all that apply) file formats.
3
If particular ESI
warrants a different format, the parties will cooperate to arrange for the mutually acceptable
production of such ESI.
4
The parties agree not to degrade the searchability of ESI as part of the
document production process, and have discussed the necessary level of resolution to permit
the effective use of produced ESI. Additionally, the parties agree to discuss appropriate load
files, if any.
2
To the extent the parties disagree, cost-shifting may occur to the extent a party is required to
expend resources on imaging which the Court determines to be unnecessary or not
proportional.
3
To the extent production is not in native format, the parties should consider agreement on
metadata fields to be produced.
4
By way of example, the parties could agree to produce excel ESI in native format while
providing other ESI in TIFF format with conventional production numbering (Pl 00001) and load
files.
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7. PHASING
When the parties require some discovery prior to ADR/mediation, the parties agree to
phase the production of ESI. The initial production will be from the following sources and
custodians:_______________________________________________________________.
This agreement will not limit the parties' discovery if ADR/mediation is unsuccessful. However,
the parties will continue to explore appropriate and proportional phasing of discovery throughout
the discovery process.
When a party propounds discovery requests pursuant to Fed. R. Civ. P. 34, the parties
agree to phase the production of ESI and the initial production will be from the following sources
and custodians:_______________________________________________________.
5
Following the initial production, the parties will continue to prioritize the order of subsequent
productions.
8. ESI PROTECTED FROM DISCOVERY OR PUBLIC DISCLOSURE
a) Pursuant to Fed. R. Evid. 502(b) and (d), the production of ESI which is
privileged or is protected trial preparation material is not a waiver of privilege or protection from
discovery in this case or in any other federal, state, arbitration or other proceeding so long as it
was: [the parties may include their stipulated agreement, if any as to waiver of privilege, in this
order or in a separate order as set forth in the Order implementing Federal Rule of Evidence
502(d) set forth in “Appendix LCvR 16.1.D” to the Local Rules].
6
b) The parties may agree upon a "quick peek" process, without waiver of privilege
or protection as trial preparation material, pursuant to Fed. R. Civ. P. 26(b)(5).
c) Communications involving trial counsel that post-date the filing of the complaint
need not be placed on a privilege log.
5
A phased or iterative approach may be used to conduct the ESI (e.g., by issue, timeframe,
custodians, databases, issue, liability, or damages).
6
This Paragraph 8 can be modified to limit (or entirely eliminate) the situations in which a
producing party (or non-party) could be found to have failed to take (i) reasonable steps to
prevent the disclosure of privileged or trial preparation material ESI, and/or (ii) prompt and
reasonable steps to rectify this error, as provided under Fed. R. Civ. P. 502(b)(2)-(3). This
paragraph can also be modified to address different types of produced materials to different
standards than those outlined in Fed. R. Evid. 502(b).
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d) Communications may be identified on a privilege log by category, rather than
individually, if agreed upon by the parties or ordered by the Court.
e) The parties have/have not agreed to use the Form Inadvertent Production
Provision of LCvR 16.1.D (The Clawback Agreement), and its terms are incorporated herein.
f) The parties have/have not agreed to use the Form Protective Order (add
hyperlink) (App. LPR 2.2) for protection of Confidential Information, such as trade secrets, and
its terms are incorporated herein.
9. MODIFICATION
This Stipulated Order may be modified by a Stipulated Order of the parties or by the
Court for good cause shown.
IT IS SO STIPULATED, through Counsel of Record.
Dated:
Counsel for Plaintiff
Dated:
Counsel for Defendant
IT IS SO ORDERED that the foregoing Agreement is approved.
Dated:
UNITED STATES DISTRICT/MAGISTRATE
JUDGE
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APPENDIX LCvR/LCrR 83.2.A CERTIFICATION
CERTIFICATION FOR BAR ADMISSION FOR THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
I, ______________________________________________, do certify as follows:
1. I am a member in good standing of the Bar of:
a. The Supreme Court of Pennsylvania ____________________, Bar #
b. The United States District Court for the
c. The Supreme Court of the United States
2. I am a member in good standing of the following state Bars/Bars of United States District
Courts (also note Bar identification numbers):
3. I am affiliated with the law firm of
or
I am in the sole practice of law
4. My business address, telephone number and email address are:
5. I am a registered user of the CM/ECF electronic docketing system of this Court.
6. I have read, know and understand the Local Rules of this Court.
7. The following is a listing and description any prior disciplinary proceedings against me that
resulted in a non-confidential negative finding or sanction against me (if none, so state):
8. Attached is a certificate of good standing from the Bar of ___________________ that is
current within the prior twelve (12) months.
I DECLARE UNDER THE PENALTIES FOR PERJURY THAT THE FOREGOING IS TRUE
AND CORRECT. EXECUTED BY ME ON .
SIGNATURE:
STATEMENT OF MOVING ATTORNEY
I, _________________________________________, A MEMBER IN GOOD STANDING OF
THE BAR OF THIS COURT, DO HEREBY CERTIFY THAT I BELIEVE THE ABOVE
CANDIDATE FOR ADMISSION TO THE BAR OF THIS COURT IS OF GOOD MORAL AND
PROFESSIONAL CHARACTER AND, TO THE BEST OF MY KNOWLEDGE, IS ELIGIBLE
FOR ADMISSION TO THE BAR OF THIS COURT.
NAME:
DATE:
November 1, 2016
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APPENDIX LCvR/LCrR 83.2.B-MOTION
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
___________________________ )
)
vs. ) Civil Action No. ____________
)
___________________________ )
)
MOTION FOR ADMISSION PRO HAC VICE OF ____________________
[Affiant], undersigned counsel for [Plaintiff/Defendant] ________, hereby moves that
[Affiant] be admitted to appear and practice in this Court in the above-captioned matter as
counsel pro hac vice for [Plaintiff/Defendant] ________ in the above-captioned matter pursuant
to LCvR 83.2 and LCvR 83.3, LCrR 83.2 and this Court's Standing Order Regarding Pro Hac
Vice Admissions dated May 31, 2006 (Misc. No. 06-151).
In support of this motion, undersigned counsel attaches the Affidavit for Admission Pro
Hac Vice of [Affiant] filed herewith, which, it is averred, satisfies the requirements of the
foregoing Local Rules and Standing Order.
Respectfully submitted,
Dated: _______________________________
[Affiant’s name] (Bar. ID NO. )
[Affiant’s Address/Contact Details]
Counsel for [Plaintiff/Defendant]
November 1, 2016
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119
APPENDIX LCvR/LCrR 83.2.B-AFFIDAVIT
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
___________________________ )
)
vs. ) Civil Action No. ____________
)
___________________________ )
)
AFFIDAVIT OF ________________ IN SUPPORT OF
MOTION FOR ADMISSION PRO HAC VICE
I, ____________________, make this affidavit in support of the motion for my admission
to appear and practice in this Court in the above-captioned matter as counsel pro hac vice for
[Plaintiff/Defendant]________ in the above-captioned matter pursuant to LCvR 83.2 and LCvR
83.3, LCrR 83.2 and this Court's Standing Order Regarding Pro Hac Vice Admissions dated
May 31, 2006 (Misc. No. 06-151).
I, ____________________, being duly sworn, do hereby depose and say as follows:
1. I am a [Lawyer/Partner/Associate] of the law firm [_______].
2. My business address is _____________________________.
3. I am a member in good standing of the bar[s] of _________________.
4. My bar identification number(s) [is/are] _______________________.
5. A current certificate of good standing from ________________ is attached to this
Affidavit as Exhibit ___.
6. [if applicable] The following are a complete list of any previous disciplinary
proceedings concerning my practice of law that resulted in a non-confidential
negative finding or sanction by the disciplinary authority of the bar of any state or
any United States court: : [Insert additional explanation as appropriate.]
7. I attest that I am a registered user of ECF in the United States District Court for
the Western District of Pennsylvania.
8. I attest that I have read, know and understand the Local Rules of Court for the
United States District Court for the Western District of Pennsylvania
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120
9. Based upon the foregoing, I respectfully request that I be granted pro hac vice
admission in this matter.
I certify and attest that the foregoing statements made by me are true. I am
aware that if any of the foregoing statements made by me are false, I am subject
to punishment.
Dated:
[Affiant]
