JAN j 6 2010 - United States District Court

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Rule 45.1 Subpoenas for Deposition and Trial Subpoenas for deposition and trial shall be prepared and issued as follows: An-ia.) Counsel shall prepare all subpoenas for deposition and trial in civil cases. At the option of counsel, counsel may present them to the Clerk of the Court for issuance. Alternatively, counsel may issue subpoenas pursuant to Federal Rule of Civil Procedure 45, as amended effective December 1, 1991. Br(b) Subpoenas for deposition in criminal cases may be issued only by order of Court. Effective Dec. 1, 1994. Amended effective April 15, 2007. Authority (1993) Clerk's Office; Federal Rules of Civil Procedure 17 and 45. Comment (1993) Requirement of file-stamped copy added at Clerk of the Court's request; reflects current practice. (2010) Amended to conform tabulation to the style used in the federal rules of procedure. Rule 47.1 Juries A^-(a) Civil Cases. A jury for the trial of civil cases shall consist of at least six (6) persons. Br-jbl Taxation of Costs. Whenever a civil case that has been set for jury trial is settled or otherwise disposed of, counsel shall so inform the office of the Judge assigned to the case at least one (1) full business day prior to the day the jury is scheduled to be selected or the trial is scheduled to commence, in order that the jurors may be notified not to attend. If such notice is not given to the Clerk of the Court's Office, then except for good cause shown, juror costs, including attendance fees, mileage, and subsistence, may be assessed equally against the parties and their counsel, or otherwise assessed as directed by the Court. Effective Dec. 1, 1994. Amended effective April 15, 2 007. Authority (1993) Former Local Rule 15. Comment (1993) Renumbered per Model Rules. 60
(2010) Amended to conform tabulation to the style used in the federal rules of procedure. Rule 62.1 Appeal Bonds; Automatic Stay A^-(a) Appeal Bond. A supersedeas bond staying execution of a money judgment shall be in the amount of 110% of the judgment, to provide security for interest, costs, and any award of damages for delay. Upon its own motion or upon application of a party the Court may direct otherwise. B-^(b) Extension of Automatic Stay When Notice of Appeal Filed. If within the ton fourteen (14) day period established by Federal Rule of Civil Procedure 62(a), a party files any of the motions contemplated in Federal Rule of Civil Procedure 62(b), or a notice of appeal, then unless otherwise ordered by the Court, a further stay shall exist for a period not to exceed thirty (30) days from the entry of the judgment or order. The purpose of this additional stay is to permit the filing of a supersedeas bond, which shall be filed by the end of the thirty (30) day period provided herein. Effective April 15, 2000. Amended effective April 15, 2007. Comment (2000) Added to eliminate the necessity for Court approval of supersedeas bonds in every case in which a money judgment has been entered by fixing a standard amount, and to specify the time by which the bond must be filed in order to stay execution. Extension of the automatic stay is modeled after W.D.Okla. Local Rule 62.1, N.D.Okla. Local Rule 62.1 and E.D.N.C. Local Rule 97.00. (2010) Amended to conform tabulation to the style used in the federal rules of procedure and chancre the calculation of time periods to. correspond to the amendments to the various federal rules. Rule 67.1 Authorized Depository Banks ftr-(a) Whenever attorneys, litigants or any other persons or entities are directed to deposit funds within the interest-bearing Court registry, such funds shall be placed by the Clerk of the Court with the Court-designated depository bank. The Court-designated depository bank shall comply with all applicable statutes, orders, rules and requirements of the Court. G-r(c) All funds placed by the Clerk of the Court in the Court-designated depository bank shall earn interest at a competitive market rate negotiated by the Clerk of the Court for similar deposits. However, the Chief Judge may determine from time to time a minimum amount below which funds need not be deposited in an interest-bearing account. Deposits for attorney's fees, costs and expenses required before the issuance of any writs of garnishment are exempt from this requirement and will be placed in a non-interest bearing U.S. Treasury account. At the time of 61
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United States District Court Southe
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Administrative Order 94-51, In Re A
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e disclosed to the Clerk of the Cou
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Authority (1993) Former Local Rules
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Page 49 and 50: or to the Chief Judge's designee. E
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Page 57 and 58: (1996)[I.] The "attempt to confer"
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If the seizure was predicated upon
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(2000) Local Admiralty Rule B(7) is
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Local Admiralty Rules. 4feH2) Proof
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Cir.1981); Merchants Nat'l Bank v.
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filed pursuant to Supplemental Rule
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Counsel for the intervening party s
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equired by Local Admiralty Rule B(5
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43-HC) Execution of Process. The ar
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Any order issued pursuant to this s
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(2) Involuntary Dismissal. If the C
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the "Request for Confirmation of Sa
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A concern was expressed about the p
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Publication of the Notice. Immediat
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Defendant. PROCESS OF ATTACHMENT
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Defendant. WARRANT FOR ARREST IN R
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(4) The vessel is currently berthed
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Attorney Name (Bar Number Typed Nam
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the Court to enter an Order directi
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THEREFORE, in light of the facts pr
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located and to be found at and desc
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Defendant. AFFIDAVIT (Foreign Attac
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B^-(B) Motions for judgment on the
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Effective Dec. 1, 1994; amended eff
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States Code, Section 636(b)(1)(B).
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) Plaintiff,) ) vs.) ) Defendant.)
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Rule 3. Retention of Membership in
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j— (i) Referral. Any District Jud
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Effective Dec. 1, 1994. Amended eff
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cause for such withdrawal is furnis
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Comments (1996) Section A. and B.2.
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Jurisdiction and Powers. (1) The Co
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Court shall issue an order requirin
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jfc-r (1) the procedure in that oth
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If after meeting with the attorney
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the reinstatement proceeding. Effec
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JAN j 6 2010 - United States District Court

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