JAN j 6 2010 - United States District Court

More documents

Recommendations

Info

€-r(6) No agreement between parties or their attorneys, the existence of which is not conceded, in relation to the proceedings or evidence in an action, will be considered by the Court unless the same is made before the Court and noted in the record or is reduced to writing and subscribed by the party or attorney against whom it is asserted. 3-r(7) Only one (1) attorney on each side shall examine or cross-examine a witness, and not more than two (2) attorneys on each side shall argue the merits of the action or proceeding unless the Court shall otherwise permit. fc-(e) Relations With Jury. All attempts to curry favor with juries by fawning flattery, or pretend solicitude for their personal comfort are unprofessional. Suggestions of counsel, looking to the comfort or convenience of jurors, and propositions to dispense with argument, should be made to the Court out of the jury's hearing. Before, during, and after the trial, a lawyer should avoid conversing or otherwise communicating with a juror on any subject, whether pertaining to the case or not. Provided, however, after the jury has been discharged, upon application in writing and for good cause shown, the Court may allow counsel to interview jurors to determine whether their verdict is subject to legal challenge. In this event, the Court shall enter an order limiting the time, place, and circumstances under which the interviews shall be conducted. The scope of the interviews should be restricted and caution should be used to avoid embarrassment to any juror and to avoid influencing the juror's action in any subsequent jury services. &-r(f) Relation to Other Rules. This Local Rule governing attorneys is supplemented by the Special Rules Governing the Admission and Practice of Attorneys-7—the Rulca—ef—fcfee—Grievance—Committee—and—fefee—Rules—©# Diociplinarv Enforcement and the Rules Governing Attorney Discipline of this District. Effective Dec. 1, 1994. Amended effective April 15, 2002; April 15, 2007. Authority (1993) Former Local Rule 16. Renumbered per Model Rules. Comments (1994) Changed to make the Local Rule gender neutral. (2002) Local Rule 11.1.D.7. deleted, as the issue addressed by this Local Rule deals with an ethical rule, see Rule 4-3.7 of the Rules of Professional Conduct of the Rules Regulating the Florida Bar, subject to exceptions and distinctions not encompassed by the Local Rule. (2010) Amended to conform tabulation to the style used in the federal rules of procedure. Rule 12.1 Civil RICO Case Statement 28
Except as otherwise ordered by a Judge of this Court in a particular case or except pursuant to written stipulation of all affected parties, in all civil actions where a pleading contains a RICO cause of action pursuant to Title 18, United Statc3 Code,—Sectionals U.S.C. §§ 1961-1968^ Florida Statutes Scctiona§§ 772.101-772.104, the party filing the RICO claim shall, within thirty (30) days of the filing (including filing upon removal or transfer), serve a RICO Case Statement. Consistent with counsel's obligations under Federal Rule of Civil Procedure 11 to make a reasonable inquiry prior to filing a pleading, the RICO Case Statement shall include the facts relied upon to initiate the RICO claim. In particular, the statement shall be in a form which uses the numbers and letters set forth below, unless filed as part of an amended pleading (in which case the allegations of the amended pleading shall reasonably follow the organization set out below) , and shall provide in detail and with specificity the following information: jr^-(a) State whether the alleged unlawful conduct is in violation of Title 18, United Gtatca Code,—Sectionals U.S.C. §§ 1962 (a) , (b) , (c) , and/or (d) or Florida Statutes Sectional 772.101(1), (2), (3) and/or (4). If you allege violations of more than one (1) subsection of ScctionlS U.S.C. 1 1962 or Florida Statutes—ScctionjL 772.103, each must be treated or should be pled as a separate RICO claim. a-^(b) List each defendant, and separately state the misconduct and basis of liability of each defendant. List the wrongdoers, other than the defendants listed above, and separately state the misconduct of each wrongdoer. injured. List the victims, and separately state when and how each victim was 5-^(e) Describe in detail the pattern of racketeering/criminal activity or collection of an unlawful debt for each RICO claim. A description of the pattern of racketeering/criminal activity shall: a-r(l) separately list the predicate acts/incidents of criminal activity and the specific statutes violated by each predicate act/incident of criminal activity; h-r{2) separately state the dates of the predicate acts/incidents of criminal activity, the participants and a description of the facts surrounding each predicate act/incident of criminal activity; er-(3) if the RICO claim is based on the predicate offenses of wire fraud, mail fraud, fraud in connection with a case under Title 11, United States Code, or fraud as defined under Florida Statutes Chapter 817, the "circumstances constituting fraud or mistake shall be stated with particularity." Federal Rule of Civil Procedure 9(b) (identify the time, place, and contents of the misrepresentation or omissions, and the identity of persons to whom and by whom the misrepresentations or omissions were made); 29
Page 1 and 2: United States District Court Southe
Page 3 and 4: Administrative Order 94-51, In Re A
Page 5 and 6: e disclosed to the Clerk of the Cou
Page 7 and 8: Authority (1993) Former Local Rules
Page 9 and 10: compliance with the CM/ECF Administ
Page 11 and 12: Re: Repeal of Local Rule 5.2.D and
Page 13 and 14: and Court filings are matters of pu
Page 15 and 16: supplanting original electronic fil
Page 17 and 18: the date of any hearing held on the
Page 19 and 20: limitations. (2000) The addition of
Page 21 and 22: A. Motions for Attornoyo Food and/o
Page 23 and 24: substantially similar to) AO 133 of
Page 25 and 26: Authority (1993) Former Local Rule
Page 27: Roll of Attorneys. The Bar of this
Page 31 and 32: If the complaint alleges a violatio
Page 33 and 34: Comments (1993) This Local Rule has
Page 35 and 36: Rule 16.1^A(a) above; 4fef(B) The d
Page 37 and 38: the specific acts or omissions reli
Page 39 and 40: anticipated; and with the Court's p
Page 41 and 42: of Mediators. j^(l) Certification o
Page 43 and 44: Procedures to Refer a Case or Claim
Page 45 and 46: : : . ORDER OF REFERRAL Trial havi
Page 47 and 48: : . ORDER SCHEDULING MEDIATION The
Page 49 and 50: or to the Chief Judge's designee. E
Page 51 and 52: class action plaintiff move, within
Page 53 and 54: conducted until after the expert su
Page 55 and 56: discovery or for a protective order
Page 57 and 58: (1996)[I.] The "attempt to confer"
Page 59 and 60: depositions or hearings made necess
Page 61 and 62: (2010) Amended to conform tabulatio
Page 63 and 64: In cases of a post-judgment writ of
Page 65 and 66: victim if the announcement is not o
Page 67 and 68: 9029 does not suggest that such a d
Page 69 and 70: Motions for Stay and Other Intermed
Page 71 and 72: for example, the disposition of a m
Page 73 and 74: and costs of the proceedings refere
Page 75 and 76: posted and forfeited in lieu of app
Page 77 and 78: individualization, or time limits,
Page 79 and 80:
Effective Dec. 1, 1994. Amended eff
Page 81 and 82:
(1996) A. Removes any explicit requ
Page 83 and 84:
K-s-(k) The government shall, upon
Page 85 and 86:
When a defendant is arrested after
Page 87 and 88:
4. No provision of the Discovery Pr
Page 89 and 90:
(5) Stays or Limitation of Discover
Page 91 and 92:
subject to the objection. A lawyer
Page 93 and 94:
d. The videographer shall certify t
Page 95 and 96:
B. Procedures Governing Manner of P
Page 97 and 98:
answer. Interrogatories propounded
Page 99 and 100:
producing party may be required to
Page 101 and 102:
occurs, counsel for movant must spe
Page 103 and 104:
MS Excel Spreadsheet); (2) the gene
Page 105 and 106:
I am the defendant named above. I h
Page 107 and 108:
security; all process shall be issu
Page 109 and 110:
As noted in the revised Local Admir
Page 111 and 112:
If the seizure was predicated upon
Page 113 and 114:
(2000) Local Admiralty Rule B(7) is
Page 115 and 116:
Local Admiralty Rules. 4feH2) Proof
Page 117 and 118:
Cir.1981); Merchants Nat'l Bank v.
Page 119 and 120:
filed pursuant to Supplemental Rule
Page 121 and 122:
Counsel for the intervening party s
Page 123 and 124:
equired by Local Admiralty Rule B(5
Page 125 and 126:
43-HC) Execution of Process. The ar
Page 127 and 128:
Any order issued pursuant to this s
Page 129 and 130:
(2) Involuntary Dismissal. If the C
Page 131 and 132:
the "Request for Confirmation of Sa
Page 133 and 134:
A concern was expressed about the p
Page 135 and 136:
Publication of the Notice. Immediat
Page 137 and 138:
Defendant. PROCESS OF ATTACHMENT
Page 139 and 140:
Defendant. WARRANT FOR ARREST IN R
Page 141 and 142:
(4) The vessel is currently berthed
Page 143 and 144:
Attorney Name (Bar Number Typed Nam
Page 145 and 146:
the Court to enter an Order directi
Page 147 and 148:
THEREFORE, in light of the facts pr
Page 149 and 150:
located and to be found at and desc
Page 151 and 152:
Defendant. AFFIDAVIT (Foreign Attac
Page 153 and 154:
B^-(B) Motions for judgment on the
Page 155 and 156:
Effective Dec. 1, 1994; amended eff
Page 157 and 158:
States Code, Section 636(b)(1)(B).
Page 159 and 160:
) Plaintiff,) ) vs.) ) Defendant.)
Page 161 and 162:
Rule 3. Retention of Membership in
Page 163 and 164:
j— (i) Referral. Any District Jud
Page 165 and 166:
Effective Dec. 1, 1994. Amended eff
Page 167 and 168:
cause for such withdrawal is furnis
Page 169 and 170:
Comments (1996) Section A. and B.2.
Page 171 and 172:
Jurisdiction and Powers. (1) The Co
Page 173 and 174:
Court shall issue an order requirin
Page 175 and 176:
jfc-r (1) the procedure in that oth
Page 177 and 178:
If after meeting with the attorney
Page 179 and 180:
the reinstatement proceeding. Effec
show all

JAN j 6 2010 - United States District Court

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?