LOCAL RULES OF THE UNITED STATES DISTRICT
COURT FOR THE MIDDLE DISTRICT OF ALABAMA
FOR CIVIL AND CRIMINAL CASES
Effective January 1, 1998

NOTICE:  Effective December 1, 2000, by operation of law and by 
Order of the Court, M.D. Ala. LR 16.1(b), 26.1 and 26.2 have been vacated.


Index follows these rules.

PART 1. CIVIL RULES AND GENERAL PROVISIONS [M.D. Ala. LR]
PART 2. CRIMINAL RULES [M.D. Ala. LCrR]
INDEX

TABLE OF RULES

PART 1. CIVIL RULES AND GENERAL PROVISIONS
[Cite as M.D. Ala. LR ]

I. Scope of Rules--One Form of Action:

    1.1 Scope and Construction.
    1.2 Sanctions.

II. Commencement of Action; Service of Process, Pleadings, Motions and Orders

    3.1 Civil Cover Sheet.
    5.1 Non-filing of Civil Discovery.
    5.2 Removal of Court Files and Return or Destruction of Exhibits.
    5.3 Emergency Filing of Pleadings, Motions and Other Papers.
    5.4 Facsimile Filing Restrictions.
    5.5 Document Size of Papers Filed with Court.

III. Pleadings and Motions

    9.1 Pro Se Civil Rights and Habeas Corpus Filings.
    9.2 Request for Three-Judge Court.
    11.1 Identification of Counsel on Pleadings, Motions and Other Papers.
    15.1 Form of Motion To Amend and Supporting Documents.
    16.1 Scheduling Orders; Alternative Dispute Resolution.
    16.2 Court Annexed Mediation.

IV. Parties

    23.1 Designation of Class Action in the Caption.
    24.1 Notification of Claim of Unconstitutionality.

V. Depositions and Discovery

    26.1 Disclosures, Experts, and Filing of Disclosures.
    26.2 Limitations and Commencement; Meeting of Parties.
    26.3 Form of Certain Discovery Documents.
    29.1 Stipulations.

VI. Trials

    37.1 Form of Discovery Motions.
    38.1 Notation of Jury Demand in the Pleading.
    39.1 Premarked Exhibits.
    40.1 Calendar of Cases.
    45.1 Deadlines and Procedures for Requesting Issuance of Subpoenas or Writs Ad Testificandum.
    45.2 Subpoena of Hospital Records.
    47.1 Post-verdict Interrogation of Jurors Prohibited.

VII. Judgment

    54.1 Recovery of Taxable Costs Other than Attorneys' Fees.
    54.2 Taxation of Juror Costs.
    58.1 Payment of Judgments.

VIII. Provisional and Final Remedies

    [Reserved for any future local rules pertaining to this topic.]

IX. Special Proceedings

72.1 Magistrate Judges: Selection of Chief Magistrate Judge.
72.2 Assignment of Duties to Magistrate Judges.
73.1 Consent for Trial of Civil Case by Magistrate Judge.

X. District Courts and Clerks

77.1 Emergency Filing of Pleadings, Motions and Other Papers.
79.1 Removal of Court Files and Return or Destruction of Exhibits.

XI. General Provisions

81.1 Removal: Legible Copies of State Documents Required.
83.1 Attorneys: Admission to Practice and Disciplinary Proceedings.

PART 2. CRIMINAL RULES
[Cite as M.D. Ala. LCrR ]

I. Scope, Purpose, and Construction

    1.1 Scope and Construction.
    1.2 Sanctions.

II. Preliminary Proceedings

    [Reserved for any future local rules pertaining to this topic.]

III. Indictment and Information

    [Reserved for any future local rules pertaining to this topic.]

IV. Arraignment and Preparation for Trial

    12(b).1 Notice of Entrapment Defense.
    17.1 Deadlines and Procedures for Requesting Issuance of Subpoenas or Writs Ad Testificandum.

V. Venue

    [Reserved for any future local rules pertaining to this topic.]

VI. Trial

    23.1 Premarked Exhibits.
    24.1 Post-verdict Interrogation of Jurors Prohibited.

VII. Judgment

    32.1 Disclosure of Presentence Reports or Probation Records.

VIII. Appeal: (Abrogated)

IX. Supplementary and Special Proceedings

    [Reserved for any future local rules pertaining to this topic.]

X. General Provisions

    44.1 Appointed Counsel.
    44.2 Notice of Appearance Required for Retained Counsel.
    49.1 Removal of Court Files and Return or Destruction of Exhibits.
    49.2 Emergency Filing of Pleadings, Motions and Other Papers.
    49.3 Facsimile Filing Restrictions.
    49.4 Identification of Counsel on Pleadings, Motions and Other Papers.
    55.1 Removal of Court Files and Return or Destruction of Exhibits.
    56.1 Emergency Filing of Pleadings, Motions and Other Papers.
    57.1 Attorneys: Admission to Practice and Disciplinary Proceedings.
    58.1 Forfeiture of Collateral in Lieu of Appearance.
    58.2 Assignment of Duties to Magistrate Judges.

PART 1: CIVIL RULES and GENERAL PROVISIONS
CIVIL RULES AND GENERAL PROVISIONS
[Cite as M.D. Ala LR ]

Local Rule 1.1
Scope and Construction.

(a) Title and Citation. These rules shall be known as the Local Rules of the United States District Court for the Middle District of Alabama. Rules applying to civil matters and to general provisions should be cited as "M.D. Ala. LR " and rules applying to criminal matters should be cited as "M.D. Ala. LCrR ."

(b) Effective Date. These rules become effective on January 1, 1998 and shall govern all proceedings thereafter commenced and, insofar as just and practicable, all proceedings then pending.

(c) Scope and Construction. These rules, made pursuant to the authority of 28 U.S.C. 2071, Fed. R. Civ. P. 83, and Fed. R. Crim. P. 57, shall apply to all proceedings, whether civil or criminal, unless specifically provided to the contrary or necessarily restricted by inference from the context.

(d) Relationship to Prior Rules and Subsequent Orders. These rules supersede all previous rules promulgated by this court or any judge of this court except for those general or standing orders that exist at the time the rules are published and that do not expressly conflict with these rules. These rules, however, may be affected by any general or standing orders entered by this Court after publication of these rules.

(e) Rules of Construction and Definition. United States Code, Title 1, Sections 1 to 5, shall, as far as applicable, govern the construction of these rules.

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Local Rule 1.2
Sanctions.

Sanctions. The court may impose a sanction for the violation of any local rule. Imposition of sanctions will lie within the sound discretion of the judge whose case is affected.

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Local Rule 3.1
Civil Cover Sheet.

(a) Completed Civil Cover Sheet Required. A completed civil cover sheet (Form JS-44) shall be submitted to the Clerk with the initial civil complaint or notice of removal filed in this court by a litigant represented by counsel. This requirement is solely for administrative purposes, and matters appearing in the civil cover sheet have no legal effect in the action.

(b) Failure To Comply. If the initial complaint or notice of removal is filed without a completed civil cover sheet, the Clerk shall mark the document as to the date received and promptly give notice of the omission to the party filing the document. When the civil cover sheet has been completed, the Clerk shall file the complaint or other document nunc pro tunc as of the date of the original receipt.

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Local Rule 5.1
Non-filing of Civil Discovery.

Except as otherwise directed by the court or by these rules, in all civil actions other than inmate complaints challenging the conditions of confinement:

(a) Interrogatories, requests for production, requests for admissions and responses thereto, and notices of depositions shall be served in accordance with Fed. R. Civ. P. 5, but shall not be filed with the Clerk except upon order of the Court or for use at trial or in connection with motions. The party responsible for service of the discovery material shall retain the original and become the custodian.

(b) No depositions shall be filed with the Clerk unless the Court directs otherwise, or unless in support of or in opposition to a motion. Counsel who notices a deposition shall be the custodian of the deposition and shall maintain the original for filing if the Court so directs.

(c) If discovery materials are germane to any motion or response, only the relevant material need be filed with the motion or response.

(d) During the pendency of any case the custodian of any discovery materials, other than depositions, shall provide to counsel for all other parties reasonable access to the material and an opportunity to duplicate the material at the expense of the copying party, and any other person may, with leave of Court, obtain a copy of any discovery material from its custodian upon payment of the expense of the copy.

(e) When documentation of discovery not previously in the record is needed for appeal purposes, upon an application and order of the Court, or by stipulation of counsel, the necessary discovery papers shall be filed with the Clerk.

(f) Any discovery material, depositions and trial exhibits filed with the Clerk will be disposed of by the Clerk as set out by M.D. Ala. LR 5.2.

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Local Rule 5.2
Removal of Court Files and Return or Destruction of Exhibits.

(a) Removal of Case Files from Clerk's Office. The Clerk is not permitted to allow the removal of case files from the Clerk's Office by parties or counsel without an order of this Court.

(b) Return or Destruction of Exhibits within 60 Days of Final Disposition--Duty of Parties: After final disposition of a case (at the conclusion of the appeal or until the time for appeal has expired), exhibits which were received in evidence in such case shall be withdrawn from the custody of the Clerk upon submission of a detailed receipt therefor by the party who offered the same in evidence (or by such other person as may be entitled thereto); and exhibits not so withdrawn within 60 days after such final disposition may thereafter be destroyed or otherwise disposed of by the Clerk, except that the Clerk will give to the party who filed the exhibit 30 days notice prior to destruction of that exhibit.

(c) Return of Sensitive Exhibits--Duty of Parties, U. S. Attorney, and Other Agencies: All exhibits of a sensitive nature filed with the Court, such as firearms or other weapons, narcotics or illegal drugs or contraband of any kind, moneys of any denomination (both real and counterfeit), and any other sensitive exhibits shall be returned by the Clerk to the party, the U. S. Attorney, or any other agency filing such exhibit at the conclusion of the trial. Such party, the U. S. Attorney, or agency shall preserve said sensitive exhibits until conclusion of the appeal or until the time for an appeal has expired.

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Local Rule 5.3
Emergency Filing of Pleadings, Motions and Other Papers.

(a) When the necessity arises that an attorney must file pleadings, motions or other papers before the hour of 8:00 a.m. or after 5:00 p.m., the following persons are designated to be on call to accept these filings in the following order: Clerk of the Court (Thomas Caver, 334-281-1624) or Chief Deputy Clerk (Mrs. Marie M. Thurman, 334-288-0780).

(b) Pleadings, motions and other papers that are filed after hours should show the date and time received and the initials of the official receiving them.

(c) In emergency situations, if neither the Clerk nor Chief Deputy Clerk is available, any district judge or magistrate judge may accept pleadings, motions or other papers after hours.

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Local Rule 5.4
Facsimile Filing Restrictions.

Filing of papers by facsimile is allowed subject to the following restrictions:

(a) telephonic authorization must be obtained from the Clerk of the Court or, in his/her absence, from his/her Chief Deputy, before any paper is transmitted by facsimile for filing;

(b) the Clerk or his/her Chief Deputy is to approve the transmission only in an emergency situation; and

(c) originals of the transmissions must follow by overnight mail.

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Local Rule 5.5
Document Size of Papers Filed with Court.

All pleadings, motions, and other papers presented for filing shall be on 8-1/2 x 11 inch white paper of good quality, flat and unfolded, and shall be plainly typewritten, printed, or prepared by a clearly legible duplicating process, and double-spaced, except for quoted material. Each page shall be numbered consecutively. Exhibits submitted for filing shall be of that size if practicable and must be legible.

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Local Rule 9.1
Pro Se Civil Rights and Habeas Corpus Filings.

(a) Every pro se action by an inmate under 42 U.S.C. 1983 and every pro se petition for the writ of habeas corpus under 28 U.S.C. 2254 and 2255 must be (1) legibly handwritten, printed, or typed on the forms which the Court provides for that purpose (together with appropriate attachments, if necessary), (2) signed under penalty of perjury in accordance with the law, (3) accompanied by a pauper's affidavit (on a court-provided form) if plaintiff seeks to proceed without payment of costs, and (4) completely filled out.

(b) In a case in which an inmate plaintiff is represented by counsel, nothing will be accepted for filing (except a pro se motion for release of counsel) unless it is filed by counsel.

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Local Rule 9.2
Request for Three-Judge Court.

(a) Notation on Pleading. In any action or proceeding which a party believes is required to be heard by a three-judge district court, the words "Three-Judge District Court Requested" or the equivalent shall be included in the caption under the case number of the first pleading in which the cause of action requiring a three-judge court is pleaded. Unless the basis for the request is apparent from the pleading, it shall be set forth in the pleading or in a brief statement attached thereto. The words "Three-Judge District Court Requested" or the equivalent on a pleading is a sufficient request under 28 U.S.C. 2284.

(b) Number of Copies. In any action or proceeding in which a three-judge court is requested, parties shall file the original and three copies of every pleading, motion, notice, or other document with the clerk until it is determined either that a three-judge court will not be convened or that the three-judge court has been convened and dissolved, and the case remanded to a single judge. The parties may be permitted to file fewer copies by order of the court.

(c) Failure to comply. Failure to comply with this rule is not a ground for failing to convene or for dissolving a three-judge court.

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Local Rule 11.1
Identification of Counsel on Pleadings, Motions and Other Papers.

(a) Identification of Counsel. In addition to the requirements of Fed. R. Civ. P. 11, each attorney signing any paper filed with the clerk must place one of the following identification numbers under his/her signature line:

    (1) Alabama State Bar Members: These attorneys should provide the SJIS (State Judicial Information System) Six-Digit Attorney Code maintained by the State's Administrative Office of Courts.

    (2) Out-of-State Attorneys: These attorneys should provide either the attorney number assigned by their state's unified bar or, if not a member of a unified bar, the registration number assigned by the highest court in their jurisdiction of admission.

    (3) Alternative Attorney I.D. Numbers: If an attorney has not been assigned a number pursuant to (a)(1) or (a)(2) above, the attorney should use his/her SSAN (Social Security Account Number).

(b) Certificates of Service. The certificate of service must show the name and address of each attorney and/or party on whom the pleading, motion or other paper was served.

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Local Rule 15.1
Form of Motion To Amend and Supporting Documents.

A party who moves to amend a pleading shall attach the original of the amendment, and one copy, to the motion. Any amendment to a pleading, whether filed as a matter of course or upon a motion to amend, must, except by leave of court, reproduce the entire pleading as amended, and may not incorporate any prior pleading by reference. A failure to comply with this rule is not grounds for denial of the motion.

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Local Rule 16.1
Scheduling Orders; Alternative Dispute Resolution.

(a) Magistrate judges may enter and modify scheduling orders under Fed. R. Civ. P. 16(b) in cases assigned to them by consent under 28 U.S.C. 636(c) and in cases referred to them by a district judge, except that a magistrate judge shall not change a scheduling order entered by a district judge without the express permission of a district judge of this court.

M.D. Ala. LR 16.1(b) was vacated effective December 1, 2000, by amendments to the Federal Rules of Civil Procedure and General Order 3069.

(b) Except as otherwise ordered by the court, the following categories of cases are exempted from the requirement of a scheduling order under Fed. R. Civ. P. 16(b):

    (1) Bankruptcy Appeals and Withdrawals

    (2) Bivens actions under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971)

    (3) Condemnation Actions

    (4) Deportation Actions

    (5) Equal Access to Justice--Fee Award Appeals

    (6) Forfeiture and Statutory Penalty Actions

    (7) Freedom of Information Actions

    (8) Government Collection Actions

    (9) Judgments--actions to enforce or register

    (10) Prisoner pro se actions to vacate sentence, for habeas corpus, or for mandamus (prisoner habeas corpus cases)

    (11) Prisoner pro se actions attacking conditions of confinement under 42 U.S.C. 1983 (prisoner civil rights cases)

    (12) Non-prisoner pro se civil actions

    (13) Selective Service Actions

    (14) Social Security Reviews

    (15) Summons/subpoenas--proceedings to enforce/contest government summons and private party depositions

    (16) Third-party IRS tax actions

(c) A judge of the court may, in a scheduling order or by separate order, direct that the litigants engage in one or more procedures for alternative dispute resolution as authorized and provided in the Civil Justice Expense and Delay Reduction Plan adopted by this court and included as an appendix to these rules. This court encourages litigants to resolve their disputes prior to trial through a program of voluntary mediation (see LR 16.2 below).

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Local rule 16.2
Court Annexed Mediation.

(a) Purpose. This court has established a program of voluntary mediation to assist litigants in resolving their disputes prior to trial. The court stresses that mediation is completely voluntary and confidential. The court strictly enforces the confidentiality of mediation. The court encourages litigants to consider the salutary benefits of resolving their dispute at an early stage through voluntary mediation.

(b) Nature of Mediation. Mediation is a process of confidential negotiation through which parties may often achieve results which could not be obtained through submission of their case to a jury. Successful mediation saves the substantial time and expense involved with a trial. Successful mediation allows parties to alleviate the risk of trial and at the same time permits the parties to play an active role in the final decision about their case. The mediation process generally involves a joint meeting with all parties and counsel to discuss the case and each side's position. After this meeting, the mediator will meet with each side individually for a full discussion of that side's case. Throughout the process, the goal of the mediator is to assist the parties in negotiating a settlement. Often the mediator will provide to the parties a frank, honest opinion about the strengths and weaknesses of their case. Frequently, an objective viewpoint assists parties in making good decisions about settlement.

(c) Procedures. The parties will normally be advised by the court's Rule 16 scheduling order of procedures to be used.

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Local Rule 23.1
Designation of Class Action in the Caption.

In any case sought to be maintained as a class action, the complaint, or other pleading asserting a class action, shall include in its caption under the case number, the legend "Class Action."

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Local Rule 24.1
Notification of Claim of Unconstitutionality.

(a) Act of Congress. 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 challenged, 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, in the caption under the case number, "Claim of Unconstitutionality" or the equivalent so that the Clerk can comply with the requirements of 28 U.S.C. 2403 and Fed. R. Civ. P. 24(c).

(b) State Statute. 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 challenged, 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, in the caption under the case number, "Claim of Unconstitutionality" or the equivalent so that the Clerk can comply with the requirements of 28 U.S.C. 2403 and Fed. R. Civ. P. 24(c).

(c) No Waiver. Failure to comply with this rule is not 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 requirements set forth in the federal rules or statutes.

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M.D. Ala. LR 26.1 and 26.2 were vacated effective December 1, 2000, by amendments to the Federal Rules of Civil Procedure and General Order 3069.

Local Rule 26.1
Disclosures, Experts, and Filing of Disclosures.

(a) Required Disclosures:

    (1) Initial Disclosures: Except as otherwise ordered by the court, a party shall, without awaiting a discovery request and within twenty-one days from the date of the scheduling order entered under Fed. R. Civ. P. 16(b):

        (A) Provide to other parties the name and, if known, the address and telephone number of each individual believed by it to have discoverable, non-privileged personal knowledge concerning any significant factual issue in the case, appropriately indicating the subjects about which the person has such knowledge;

        (B) Make available to other parties for inspection and copying, as under Fed. R. Civ. P. 34, all documents, data compilations, and tangible things in its possession, custody, or control that may be used by it to support its contentions with respect to any significant factual issue in the case;

        (C) Provide to other parties a computation of any category of damages claimed by it, making available for inspection and copying, as under Fed. R. Civ. P. 34, the documents or other evidentiary materials, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered; and

        (D) Provide to other parties for inspection and copying, as under Fed. R. Civ. P. 34, any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

Unless otherwise ordered by the court, the initial disclosure requirements of this paragraph do not apply in those actions exempted from the requirement of a scheduling order under M.D. Ala. LR 16.1(b).

    (2) Expert Testimony:

        (A) Unless otherwise ordered by the court, the requirements of Fed. R. Civ. P. 26(a)(2), relating to disclosure of expert testimony, shall be disclosed by a party at least seventy-five days prior to the pretrial hearing.

        (B) Unless otherwise ordered by the court, by written stipulation the parties may agree to other times for providing information about expert testimony, to exempt one or more experts from the requirement of a written report, or to modify the information to be contained in the written reports.

        (C) Unless otherwise ordered by the court, the expert's testimony at trial shall be limited to that expressed in the written report.

    (3) Pretrial Disclosures: Unless otherwise ordered by the court, the requirements of Fed. R. Civ. P. 26(a)(3), relating to final pretrial disclosure, do apply and the dates of such disclosures shall be established in the scheduling order entered under Fed. R. Civ. P. 16(b).

    (4) Filing. Except as otherwise ordered by the court, the filing of disclosures under Rule 26(a)(4) will not be required in this district. The practices of this district regarding the non-filing of civil discovery, as set out in M.D. Ala. LR 5.1, remain in effect.

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Local Rule 26.2
Limitations and Commencement; Meeting of Parties.

(a) Timing and Sequence of Discovery. Unless otherwise ordered by the court, a party may not seek discovery from any source until after the scheduling order is entered under Fed. R. Civ. P. 16(b). In those actions exempted from the requirement of a scheduling order under M.D. Ala. LR 16.1(b), a party may not seek discovery without prior approval of the court.

(b) Meeting of Parties; Planning for Discovery. Unless otherwise ordered by the court, the parties shall, before a scheduling conference is held, meet to discuss in good faith the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case and the other requirements of Fed. R. Civ. P. 26(f). The parties may, if the offices of their principal counsel are not within 100 miles of one another, agree to conduct the meeting by telephone. Unless otherwise ordered by the court, the meeting requirements of this paragraph do not apply in those actions exempted from the requirement of a scheduling order under M.D. Ala. LR 16.1(b).

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Local Rule 26.3
Form of Certain Discovery Documents.

Form of Certain Discovery Documents. The party serving written interrogatories pursuant to Fed. R. Civ. P. 33, requests for production of documents or things pursuant to Fed. R. Civ. P. 34, or requests for admission pursuant to Fed. R. Civ. P. 36, shall number each interrogatory sequentially and each request sequentially, regardless of the number of sets of interrogatories or number of requests. The party answering, responding, or objecting to an interrogatory or request shall quote each such interrogatory or request (including the sequential number assigned to the particular interrogatory or request) in full immediately preceding the statement of any answer, response, or objection thereto.

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Local Rule 29.1
Stipulations.

Unless otherwise ordered by the court, any stipulations reached under Fed. R. Civ. P. 29 regarding discovery shall be filed with the court.

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Local Rule 37.1
Discovery Motions To Include Discovery at Issue.

Discovery Motions To Include Discovery at Issue. Any discovery motion filed pursuant to Fed. R. Civ. P. 26(c) and 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.

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Local Rule 38.1
Notation of Jury Demand in the Pleading.

If a party demands a jury trial by indorsing it on a pleading, as permitted by Fed. R. Civ. P. 38(b), a notation shall be placed in the caption under the case number, stating "Demand for Jury Trial" or an equivalent statement. This notation will serve as a sufficient demand under Rule 38(b). Failure to make such a notation will not result in a waiver pursuant to Fed. R. Civ. P. 38(d) when the demand is otherwise indorsed on the pleading.

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Local Rule 39.1
Premarked Exhibits.

(a) Trial Exhibits. All trial exhibits must be premarked prior to trial. Exhibit labels are available from the Clerk's office.

(b) Demonstrative Aides. Any object which a party will seek to use for demonstrative purposes only, and not as a trial exhibit, need not be premarked but must be shown to the other side for examination to allow a ruling on any objections prior to trial.

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Local Rule 40.1
Calendar of Cases.

Civil cases shall be divided among the judges of this court through a computerized random selection process (e.g., a judge could be assigned a certain number of cases more than another judge, that judge then could be assigned a number fewer than the first judge, and the third judge could be assigned a number of cases more than both of these judges, with the number of cases assigned to the respective judges equalizing themselves at the end of the year). The Clerk of the Court shall then prepare such trial calendars as are needed for the cases so assigned.

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Local Rule 45.1
Deadlines and Procedures for Requesting
Issuance of Subpoenas or Writs Ad Testificandum.

(a) Deadline for filing requests for witnesses when subpoena or writ ad testificandum is to be served by the U. S. Marshal Service in other than in forma pauperis cases:

    (1) In all civil or criminal cases, other than in forma pauperis cases, all subpoenas or writs ad testificandum requesting the attendance of witnesses that are to be served by the U. S. Marshal Service should

        (A) be filed not less than fourteen (14) calendar days prior to the trial date or hearing; and

        (B) contain the complete name and address of the witness (and inmate or civilian status and AIS number if available).

(b) Procedures for issuance of subpoena or writ ad testificandum in in forma pauperis cases in 28 U.S.C. 2255 proceedings or in proceedings for a writ of habeas corpus or in indigent defendant criminal cases:

    (1) In all in forma pauperis cases in 2255 proceedings or in proceedings for a writ of habeas corpus, an indigent party desiring the attendance of any witness by subpoena or writ ad testificandum shall file not later than twenty (20) calendar days before the trial or hearing a motion that contains

        (A) the complete names and addresses of witnesses (and inmate or civilian status and AIS number if available); and

        (B) a brief statement of the expected testimony of each witness (if such stated testimony is not material or is simply repetitive, the court may in its discretion deny the requested subpoena or writ ad testificandum).

    (2) In all indigent defendant criminal cases, an indigent defendant's ex parte motion under Fed. R. Crim. P. 17(b) should

        (A) be filed not later than twenty (20) calendar days before the trial or hearing; and

        (B) contain, in addition to the showing required by Fed. R. Crim. P. 17(b), the complete names and addresses of witnesses (and inmate or civilian status and AIS number if available).

    (3) Except in pro se prisoner cases, a subpoena for each witness must be attached to the motion.

    (4) In criminal cases, an indigent defendant may request that such motion be filed under seal.

(c) Failure of Witness To Appear: No continuance of any cause will be predicated on the failure of a witness to appear unless this rule has been complied with, except upon a showing of exceptional circumstances.

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Local Rule 45.2
Subpoena of Hospital Records.

Hospital records may be subpoenaed and used in this court in accordance with the provisions of Ala. Code 12-21-5 through 12-21-7 (1975 & 1995), the provisions of which are hereby adopted and incorporated herein, except that the attorney requesting such records shall, as an officer of the court, receive the subpoenaed records and shall be responsible for their safekeeping. Prior notice of such subpoena shall be served on all parties. Such attorney shall make the records available to opposing parties upon request and make prompt payment to the medical provider for the reasonable cost of reproducing the records.

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Local Rule 47.1
Post-verdict Interrogation of Jurors Prohibited.

Attorneys, parties, or anyone acting for them or on their behalf shall not, without filing a formal motion therefor with the court and securing the court's permission, interrogate jurors in civil or criminal cases, either in person or in writing, in an attempt to determine the basis for any verdict rendered or to secure other information concerning the deliberations of the jury or any members thereof. The court itself may conduct such interrogation in lieu of granting permission to the movant.

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Local Rule 54.1
Recovery of Taxable Costs Other than Attorneys' Fees.

(a) Costs. Requests for taxation of costs (other than attorneys' fees) under Fed. R. Civ. P. 54(d) shall be filed with the Clerk within 30 days after entry of final judgment from which an appeal may be taken. Failure to file within this time period will be deemed a waiver.

(b) Forms and distribution. Costs bill forms should be obtained from the Clerk's Office. Within the time set by subdivision (a), three copies must be filed and one copy served on opposing counsel as notice of costs being claimed.

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Local Rule 54.2
Taxation of Juror Costs.

Whenever a civil case that has been set for jury trial is settled or otherwise disposed of, counsel shall so inform the Clerk's Office at least one 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's Office, then, except for good cause shown, juror costs, including attendance fees, mileage, and per diem, shall be assessed equally against the parties and their counsel, or otherwise as directed by the court.

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Local Rule 58.1
Payment of Judgments.

Except as otherwise directed by a judge of this court, there shall be added to each money judgment recovered in this Court, including those entered on the minutes of the Clerk upon the verdict of a jury, the following language (or the equivalent thereof as adapted to the nature of the judgment):

"It is further CONSIDERED and ORDERED by the Court that payment of the proceeds of the judgment and costs herein shall be made directly to both the prevailing party and his/her attorney(s) and that, upon receipt thereof, the prevailing party and his/her attorney(s) will satisfy said judgment on the records of this Court."

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Local Rule 72.1
Magistrate Judges: Selection of Chief Magistrate Judge.

(a) Qualifications and Term:

    (1) Chief Magistrate Judge: The Chief Magistrate Judge of the district shall be the Magistrate Judge in regular active service who is senior in commission of those Magistrate Judges who--

        (A) are sixty-four years of age or under;

        (B) have served for one year or more as a Magistrate Judge; and

        (C) have not served previously as Chief Magistrate Judge.

    (2) Acting Chief Magistrate Judge:

        (A) In any case in which no Magistrate Judge meets the qualifications of paragraph (1), the youngest Magistrate Judge in regular active service who is sixty-five years of age or over and who has served as Magistrate Judge for one year or more shall act as the Chief Magistrate Judge.

        (B) In any case under subparagraph (A) in which there is no Magistrate Judge in regular active service who has served as a Magistrate Judge for one year or more, the Magistrate Judge in regular active service who is senior in commission and who has not served previously as Chief Magistrate Judge shall act as the Chief Magistrate Judge.

    (3) Term of Service:

        (A) Except as provided in subparagraph (C), the Chief Magistrate Judge of the district appointed under paragraph (1) shall serve for a term of seven years and shall serve after expiration of such term until another Magistrate Judge is eligible under paragraph (1) to serve as Chief Magistrate Judge of the district.

        (B) Except as provided in subparagraph (C), a Magistrate Judge acting as Chief Magistrate Judge under subparagraph (A) or (B) of paragraph (2) shall serve until a Magistrate Judge has been appointed who meets the qualifications under paragraph (1).

        (C) No Magistrate Judge may serve or act as Chief Magistrate Judge of the district after attaining the age of seventy years unless no other Magistrate Judge is qualified to serve as Chief Magistrate Judge of the district under paragraph (1) or is qualified to act as Chief Magistrate Judge under paragraph (2).

(b) Precedence among Magistrate Judges: The Chief Magistrate Judge shall have precedence over the other Magistrate Judges and preside at any session which he/she attends with only the other Magistrate Judges. Other Magistrate Judges shall have precedence and preside according to the seniority of their commissions. Magistrate Judges whose commissions bear the same date shall have precedence according to seniority in age.

(c) Relief from Duties: If the Chief Magistrate Judge desires to be relieved of his/her duties as Chief Magistrate Judge while retaining his/her active status as Magistrate Judge, he/she may so certify to the Chief District Judge of the district and thereafter, the Chief Magistrate Judge of the district shall be such other Magistrate Judge who is qualified to serve or act as Chief Magistrate Judge under subsection (a).

(d) Temporary Disability: If a Chief Magistrate Judge is temporarily unable to perform his/her duties as such, they shall be performed by the Magistrate Judge in active service, present in the district and able and qualified to act, who is next in precedence.

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Local Rule 72.2
Assignment of Duties to Magistrate Judges.

The full-time Magistrate Judges of this court are authorized to exercise all powers and perform all duties authorized by 28 U.S.C. 636(a) and (b), including all duties not inconsistent with the Constitution and laws of the United States.

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Local Rule 73.1
Consent for Trial of Civil Case by Magistrate Judge.

The full-time Magistrate Judges of this court are specially designated to exercise all powers and perform all duties authorized by 28 U.S.C. 636(c) upon consent of the parties to a case. Consent by the parties may be given at any time prior to trial unless otherwise directed by a district judge of this court.

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Local Rule 77.1
Emergency Filing of Pleadings, Motions and Other Papers.

See M.D. Ala. LR 5.3.

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Local Rule 79.1
Removal of Court Files and Return or Destruction of Exhibits.

See M.D. Ala. LR 5.2.

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Local Rule 81.1
Removal: Legible Copies of State Documents Required.

A party who desires to remove a civil action from state court to this court pursuant to 28 U.S.C. 1446 must file, simultaneously with the notice of removal, clear and legible copies of all records and proceedings from the state court.

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Local Rule 83.1
Attorneys: Admission to Practice and
Disciplinary Proceedings.

(a) Bar of Court. The Bar of this Court consists of those persons previously admitted to (and not removed from) the Bar of this Court and of those persons who hereafter are admitted under this rule.

    (1) Any attorney who is admitted to practice before the Supreme Court of Alabama may be admitted to the Bar of this Court upon the submission of an application, payment of the prescribed admission fee, and

        (A) the order of a district judge of this Court (on oral or written motion by a member of the Bar of this Court or on the Court's own motion), and the administering of the prescribed oath before any judge (or other designee) of this Court; or

        (B) the filing of a certificate of good standing from the Clerk of the United States District Court located within the district in which the applicant resides or regularly practices law.

(b) Appearance Pro Hac Vice. Any attorney who is not a member of the Bar of this Court but who is admitted to practice before the United States District Court for the district in which such person resides or regularly practices law, may, upon request, be admitted pro hac vice by an order of any district judge, magistrate judge, or bankruptcy judge of this Court. A certificate of good standing from the district in which the attorney is admitted must be attached to his/her request for admission pro hac vice. Any such attorney who appears as counsel by filing any pleading or paper in any case pending in this Court shall, contemporaneously with the filing of such papers, apply for admission pro hac vice as set out herein.

(c) Appearance on behalf of United States. Any attorney representing the United States or any agency thereof, having the authority of the government to appear as its counsel, may appear specially and be heard in any case in which the government or such agency is a party, without formal or general admission.

(d) By Whom Parties May Appear. In all cases filed in, or removed to this Court, parties may be represented of record only by a member of the Bar of this Court or by an attorney permitted to appear pursuant to subsection (b) or (c) of this rule.

(e) Continuing Representation. Unless disbarred or suspended, attorneys shall be held at all times to represent the parties for whom they appear of record in the first instance until, after formal motion and notice to such parties and to opposing counsel, they are permitted by order of court to withdraw from such representation. The Court may, however, permit withdrawal without formal motion and notice if other counsel have entered their appearance for the party.

(f) Standards for Professional Conduct; Obligations. Attorneys admitted to practice before this Court shall adhere to this Court's Local Rules, the Alabama Rules of Professional Conduct, the Alabama Standards for Imposing Lawyer Discipline, and, to the extent not inconsistent with the preceding, the American Bar Association Model Rules of Professional Conduct. Attorney misconduct, whether or not occurring in the course of an attorney/client relationship, may be disciplined by disbarment, suspension, reprimand, monetary sanctions, removal from this Court's roster of attorneys eligible for practice before this Court, or such other sanction as the Court may deem appropriate.

(g) Discipline. When alleged attorney misconduct is brought to the attention of the Court, whether by a Judge of the Court, any lawyer admitted to practice before the Court, any officer or employee of the Court, or otherwise, the Court may, in its discretion, dispose of the matter through the use of its inherent, statutory, or other powers; refer the matter to an appropriate state bar agency for investigation and disposition; refer the matter to the local grievance committee as hereinafter defined; or take any other action the court deems appropriate. These procedures are not mutually exclusive.

(h) Grievance Committee. The Judges of this Court may, at the request of any Judge thereof, appoint a committee of not less than five persons to address alleged attorney misconduct. A majority of the Committee shall constitute a quorum. The Committee shall serve until its assigned task is completed.

    (1) Purpose and Function. The purpose and function of such appointed Committee shall be to conduct, upon referral by the Court, investigations, inquiries, and hearings, where appropriate, of alleged misconduct of any member of the Bar of this Court; and, to submit written findings and recommendations to the Court thereafter. Members of a Grievance Committee, while serving in their official capacities, shall be considered to be representatives of and acting under the powers and immunities of the Court, and shall enjoy such immunities while acting in good faith in such capacity.

    (2) Powers of Committee. The Committee shall be vested with such powers as are necessary to conduct the proper and expeditious disposition of any matter referred by the Court, including the power to compel the attendance of witnesses, to take or cause to be taken the deposition of any witnesses, to secure the production of documentary evidence, to administer oaths, and those powers described elsewhere in these rules.

(i) Disciplinary Proceedings.

    (1) Preliminary Investigation. Upon referral of a disciplinary matter, the Committee shall conduct a preliminary investigation to determine whether a formal disciplinary proceeding should be initiated. If no such finding is made, the Committee shall file with the Court its written recommendations for disposition of the matter whether by dismissal, admonition, deferral or any other action. In cases of dismissal, the attorney who is the subject of the investigation need not be notified of the proceeding. All investigative reports, records, and recommendations generated by or on behalf of the Committee under such circumstances shall remain strictly confidential. Such reports, records, and recommendations shall be kept with the clerk of the court in a sealed envelope or box labeled "confidential: to be opened only upon written order of the court" and shall be destroyed after five years.

    (2) Probable Cause, Show Cause Order. Upon a finding that probable cause exists, the Committee shall file with the Court a written report of its investigation, stating with specificity the facts supporting its conclusions, and, shall apply to the Court for issuance of an order requiring the attorney to show cause within 30 days after service of that order why the attorney should not be disciplined. The Court may, upon concurrence by a majority of its members, issue an appropriate show cause order. Such issued show cause order shall be accompanied by a copy of the Committee's written report for service upon the attorney. Such written report shall otherwise remain confidential.

    (3) Rescission of Show Cause Order, Hearing. The Committee shall act on the attorney's response either by recommending the Court rescind its Order To Show Cause, or by conducting a confidential hearing on the matter affording the attorney an opportunity to be represented by counsel, to present witnesses and other evidence, and to confront and cross-examine witnesses in a proceeding guided by the spirit of the Federal Rules of Evidence. A record shall be made of all proceedings. Unless he or she asserts a privilege or right properly available under applicable federal or state law, the attorney may be called as a witness by the Committee to make specific and complete disclosure of all matters material to the charge of misconduct.

    (4) Recommendations. Upon completion of the proceeding, the Committee shall make its confidential written report and recommendation to the Court. The Committee shall include findings of fact as to the charges and recommendations regarding whether or not the accused attorney should be found guilty of misconduct justifying disciplinary actions by the Court, and recommendations as to the disciplinary measures to be applied by the Court. The report shall be accompanied by a record of the proceedings including an appropriate index which record shall include a transcript of the proceedings, all pleadings, and all evidentiary exhibits. A copy of the report and recommendation shall also be furnished to the attorney.

    (5) Actions by Court. The Court, by majority vote of its judges, shall take such further action as it deems appropriate.

(j) Conviction of Crime.

    (1) Suspension. Upon the filing with this Court of a certified copy of a judgment of conviction demonstrating an attorney has been convicted in a court of competent jurisdiction of a felony, or a misdemeanor involving moral turpitude, the Court shall enter its order suspending the attorney, unless a majority of the judges of the Court deem such a suspension contrary to the interests of justice. The suspension shall remain in effect until further order of the Court.

    (2) Proceedings. The Court may also institute such proceedings, to include grievance committee proceedings, to determine the extent of final discipline to be imposed upon the attorney, provided the final proceedings shall not occur until all appeals from the conviction are concluded.

    (3) Reinstatement, Proceedings then Pending. A suspension hereunder shall be terminated immediately upon the filing of a certificate demonstrating that the underlying conviction of a serious crime has been reversed. However, reinstatement shall not terminate any disciplinary proceedings then pending against the attorney, the disposition of which shall be determined by the Court utilizing the procedures hereunder.

(k) Discipline Imposed by Other Courts.

    (1) Notification to Clerk. An attorney admitted to practice before this Court shall, upon being suspended, disbarred, or subjected to any form of public discipline by any other Court, promptly inform the Clerk of this Court of such action. This Court, acting by a majority of its judges, may refer this matter to a grievance committee or issue its order to the attorney to show cause, within 30 days, why he or she should not be disciplined by this Court.

    (2) Conclusiveness of Final Adjudication. A final adjudication in another court that an attorney has been guilty of misconduct shall establish conclusively the misconduct for purpose of a disciplinary proceeding in this Court, unless the attorney demonstrates, and the Court is satisfied that, upon the face of the record upon which the discipline in another jurisdiction is predicated, it clearly appears that:

        (A) The procedure in the other jurisdiction was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process or

        (B) There was such infirmity of proof establishing 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.

    (3) Actions by Court. The Court, acting upon the attorney's response to the Show Cause Order or upon the report and recommendation of a grievance committee if appointed, may take such further disciplinary action as a majority of the judges deem appropriate under the circumstances.

(l) Disbarment on Consent or Resignation in Other Courts.

    (1) Notification to Clerk. Any attorney admitted to practice before the Court shall, upon being disbarred on consent or resigning from any other Bar while an investigation into allegations of misconduct is pending, promptly inform the Clerk of this Court of such disbarment on consent or resignation.

    (2) Removal from Roll of Attorneys. An 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, 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 filing with this Court of a certified 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.

(m) Disbarment on Consent While under Disciplinary Investigation or Prosecution, or Otherwise.

    (1) Consent. Any attorney who desires to consent to disbarment by this Court for any reason, to include those related to allegations of misconduct, may consent to disbarment but only upon delivery of an affidavit to this Court, in such form and content as may be required to satisfy the Court that the consent to disbarment is:

        (A) Freely and voluntarily rendered without coercion or duress and, that the attorney is fully aware of the implications of so consenting;

        (B) For reasons recited within the affidavit, which the attorney acknowledges are true, which form the basis for disbarment.

    (2) Entry of Order of Disbarment. Upon receipt of the required affidavit, this Court shall enter its order of disbarment. However, the affidavit required pursuant to 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.

(n) Incompetence or Incapacity.

    (1) When it appears that an attorney, for whatever reason, is failing to perform at an adequate level of competence necessary to protect his/her client's interests, the Court shall be empowered to take such remedial action, acting by a majority of its members, as it deems appropriate to insure the attorney's maintenance of an adequate level of competency, to include, but not restricted to:

        (A) Appropriate referral of the affected attorney to such entities or parties as may assist the attorney in achieving necessary levels of competency;

        (B) Limiting or restricting the attorney's practice before the Court;

        (C) Suspension from practice until compliance with competency levels is insured.

    (2) Action by the Court relating to matters of attorney competency shall be taken by a majority vote of the judges thereof after consideration of such response from the attorney as the Court may deem appropriate.

(o) Reinstatement.

    (1) After Disbarment or Suspension. An attorney suspended for three months or less shall be automatically reinstated at the end of the period of suspension upon the filing with this Court of an affidavit of compliance with the provisions of the order. An attorney suspended for more than three months or disbarred may not resume the practice of law before this Court until reinstated by order of the Court.

    (2) Time of Application Following Disbarment. An attorney who has been disbarred after hearing or consent may not apply for reinstatement until the expiration of at least five years from the effective date of 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. The Chief Judge may submit the petition to the Court or may, in his/her discretion, refer the petition to the Grievance Committee which shall within thirty days of the referral schedule a hearing at which the petitioner shall have the burden of establishing by clear and convincing evidence that he or she has the moral qualifications, competency, and learning in the law required for admission to practice before this Court and that his/her resumption of the practice of law will not be detrimental to the integrity and standing of the bar or the administration of justice, or subversive of the public interest. Upon completion of the hearing the Committee shall make a full report to the Court. The Committee shall include its findings of fact as to the petitioner's fitness to resume the practice of law and its recommendations as to whether or not the petitioner should be reinstated.

    (4) Conditions of Reinstatement. If after consideration of the Committee's report and recommendation the Court finds that the petitioner is unfit to resume the practice of law, the petition shall be dismissed. If after consideration of the Committee's report and recommendation the Court finds that the petitioner is fit to resume the practice of law, the Court shall reinstate the petitioner, provided that the judgment may make reinstatement conditional upon the payment of all or part of the costs of the proceedings, and on the making of partial or complete restitution to all 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 years or more, reinstatement may be conditioned, in the discretion of the Court, 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. Provided further that any reinstatement may be subject to any conditions which the Court in its discretion deems appropriate.

    (5) Successive Petitions. No petition for reinstatement under this rule shall be filed within one year following an adverse judgment upon a petition for reinstatement filed by or on behalf of the same person.

    (6) Deposit for Costs of Proceedings. Petitions for reinstatement under this Rule shall be accompanied by a deposit in an amount to be set from time to time by the Court in consultation with the Grievance Committee to cover anticipated costs of the reinstatement proceeding.

    (7) Oath and Fee Upon Reinstatement. Any attorney disbarred or suspended from practice in this Court and subsequently readmitted shall take the oath, pay the fee then prescribed, and sign the roll of attorneys for this district.

(p) Attorneys Specially Admitted Subject to Discipline. 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 arising in the course of or in the preparation for such a proceeding which is a violation of this Court's Local Rules and/or the Rules of Professional Conduct adopted by this Court as provided in these Rules.

(q) Appointment of Counsel. Whenever, at the direction of the Court or upon request of the Grievance Committee, counsel is to be appointed pursuant to these rules to investigate or assist in the investigation or misconduct, to prosecute or assist in the prosecution of disciplinary proceedings, or to assist in the disposition of a reinstatement petition filed by a disciplined attorney, this Court, by a majority vote of the active Judges thereof, may appoint as counsel any active member of the Bar of this Court, or may, in its discretion, appoint the disciplinary agency of the highest court of the state wherein the Court sits, or other disciplinary agency having jurisdiction.

(r) Service of Paper and Other Notices. Service of an order to show cause instituting a formal disciplinary proceeding shall be made by personal service or by registered or certified mail addressed to the affected attorney at the address shown on the roll of attorneys admitted to practice before this 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 attorney at the address shown on the role of attorneys admitted to practice before this Court; or to counsel or the respondent's attorney at the address indicated in the most recent pleading or document filed by them in the course of any proceeding.

(s) Duties of the Clerk.

    (1) 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 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) 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 or order has been filed with this Court, and, if not, the Clerk shall promptly obtain a certified or exemplified copy of the disciplinary judgment or order and file it with this Court.

    (3) Whenever it appears that any person who has been 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, this Court shall, within ten days of that conviction, disbarment, suspension, censure, or disbarment or 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 disciplined attorney.

    (4) The Clerk of this Court shall, likewise, promptly notify the National Discipline Bank operated by the American Bar Association of any order imposing public discipline on any attorney admitted to practice before this Court.

(t) Retained Powers. Nothing contained in this rule shall be construed to deny the court its inherent power to maintain control over the proceedings conducted before it or to deny the court those powers derived from statute, rules of procedure, or other rules of court.

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PART 2: LOCAL CRIMINAL RULES
LOCAL CRIMINAL RULES
[Cite as M.D. Ala. LCrR ]

Local Criminal Rule 1.1
Scope and Construction.

See M.D. Ala. LR 1.1.

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Local Criminal Rule 1.2
Sanctions.

See M.D. Ala. LR 1.2.

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Local Criminal Rule 12(b).1
Notice of Entrapment Defense.

(a) Notice by defendant. A defendant intending to claim a defense of entrapment shall, within the time provided for the filing of pretrial motions or at such later time as the court may direct, serve upon the attorney for the Government written notice of such intention and file a copy of such notice with the Clerk.

(b) Waiver. If there is a failure to comply with the requirements of subdivision (a), entrapment may not be raised as a defense. The court may for cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make such other order as may be appropriate.

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Local Criminal Rule 17.1
Deadlines and Procedures for Requesting
Issuance of Subpoenas or Writs Ad Testificandum.

See M.D. Ala. LR 45.1 and 45.2.

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Local Criminal Rule 23.1
Premarked Exhibits.

See M.D. Ala. LR 39.1.

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Local Criminal Rule 24.1
Post-verdict Interrogation of Jurors Prohibited.

See M.D. Ala. LR 47.1.

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Local Criminal Rule 32.1
Disclosure of Presentence Reports or Probation Records.

(a) No confidential record of this court maintained by the Probation Office, including presentence and supervision records, shall be disclosed except as provided by Fed. R. Crim. P. 32, and as provided by this local rule.

(b) The probation officer shall not disclose the officer's sentencing recommendation, if any, unless otherwise ordered by the court. When disclosure is so ordered, such recommendation shall be disclosed at the sentencing hearing and no earlier than the date of sentencing. The recommendation will be available to the parties, however, at the U. S. Probation Office on the date of sentencing.

(c) When a demand for disclosure of presentence and probation records is made, by way of subpoena or other judicial process, to a probation officer of this court, the probation officer may file a petition seeking instruction from the Court with respect to responding to the subpoena.

(d) Whenever a probation officer is subpoenaed for such records, he or she shall petition this court in writing for authority to release documentary records or produce testimony with respect to such confidential court information. In either event, no disclosure shall be made except upon an order issued by this court.

(e) The Probation Office shall provide to the United States Sentencing Commission, the United States Parole Commission, and the United States Bureau of Prisons presentence reports as requested for the discharge of their official duties.

(f) The Probation Office may make available to officers of the Alabama Board of Pardons and Paroles presentence reports and supervision records for review in their investigation and supervision of Alabama Circuit Court defendants, probationers and parolees.

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Local Criminal Rule 44.1
Appointed Counsel.

The following guidelines for counsel appointed under the Criminal Justice Act, 18 U.S.C. 3006A, shall be followed:

(a) Duties of Appointed Counsel.

    (1) Counsel who participate in this plan do so in fulfillment of their professional responsibilities as officers of the Court, and the limited amount of compensation accruing in no respect diminishes that responsibility.

    (2) Appointed counsel shall report to the Court any change in his/her client's financial status indicating that the client is able to finance all or a part of his/her representation. No appointed counsel shall accept a payment from or on behalf of the person represented without prior authorization of the Court.

(b) Termination of Appointment of Counsel. Representation by appointed counsel shall terminate when the purpose of the appointment is accomplished or when terminated by court order.

(c) Guidelines as to Maximum Compensation. The Clerk shall maintain a schedule of guidelines for maximum compensation to be allowed by the court, not to exceed that provided in 18 U.S.C. 3006A.

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Local Criminal Rule 44.2
Notice of Appearance Required for Retained Counsel.

Any attorney who is retained in a criminal action in this court shall file his/her notice of appearance with the Clerk immediately upon being retained.

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Local Criminal Rule 49.1
Removal of Court Files and Return or Destruction of Exhibits.

See M.D. Ala. LR 5.2.

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Local Criminal Rule 49.2
Emergency Filing of Pleadings, Motions and Other Papers.

See M.D. Ala. LR 5.3.

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Local Criminal Rule 49.3
Facsimile Filing Restrictions.

See M.D. Ala. LR 5.4

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Local Criminal Rule 49.4
Identification of Counsel on Pleadings, Motions and Other Papers.

See M.D. Ala. LR 11.1.

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Local Criminal Rule 55.1
Removal of Court Files and Return or Destruction of Exhibits.

See M.D. Ala. LR 5.2.

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Local Criminal Rule 56.1
Emergency Filing of Pleadings, Motions and Other Papers.

See M.D. Ala. LR 5.3.

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Local Criminal Rule 57.1
Attorneys: Admission to Practice and Disciplinary Proceedings.

See M.D. Ala. LR 83.1.

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Local Criminal Rule 58.1
Forfeiture of Collateral in Lieu of Appearance.

(a) Forfeiture of collateral in lieu of appearance. For certain scheduled offenses, as listed in this district's collateral forfeiture schedule ("Forfeiture of Collateral in Lieu of Appearance of Certain Petty and Minor Offense Cases"), committed within the territorial and subject matter jurisdiction of a United States Magistrate Judge for the Middle District of Alabama, collateral may be posted in the scheduled amount in lieu of an accused's appearance before the Magistrate Judge.

(b) Collateral Forfeiture Schedule. The collateral forfeiture schedule ("Forfeiture of Collateral in Lieu of Appearance of Certain Petty and Minor Offense Cases") will be in full force and effect on any location within the Middle District of Alabama where the United States has concurrent or exclusive jurisdiction, including but not limited to those lands, buildings, places or other areas regulated and controlled by the United States of America and its agencies as set out in the collateral forfeiture schedule.

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Local Criminal Rule 58.2
Assignment of Duties to Magistrate Judges.

See M.D. Ala. LR 72.2.

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INDEX TO CIVIL AND CRIMINAL RULES

A

ALTERNATIVE DISPUTE RESOLUTION

Alternative dispute resolution, LR 16.1
Mediation, LR 16.2

AMENDMENTS

Form of motion to amend, LR 15.1

ATTORNEYS

Admission to practice, LR 83.1
Appearance, LR 11.1, LCrR 44.2
Appointed, LCrR 44.1
Disbarment & discipline, LR 83.1
Identification of counsel, LR 11.1, LCrR 49.4

C

CALENDARS

Calendar of cases, LR 40.1

CIVIL COVER SHEET

Requirement, LR 3.1

CLASS ACTIONS

Designation of in caption, LR 23.1

COMPLAINTS

Civil cover sheet, LR 3.1
Class actions designation, LR 23.1
Claims of unconstitutionality, LR 24.1
Pro se civil rights & habeas corpus filings, LR 9.1
Request for three-judge court, LR 9.2

CONSTITUTIONAL CLAIMS

Notifying clerk of claims of unconstitutionality, LR 24.1

COSTS

Payment of costs, LR 58.1
Recovery of taxable costs, LR 54.1
Taxation of juror costs, LR 54.2

COURT FILES

Restrictions on removing, LR 5.2, LCrR 49.1

D

DEFENSES

Notice of entrapment defense, LCrR 12(b).1

DEPOSITIONS

Filing, LR 5.1

DISCOVERY

Disclosures, experts, & filing of disclosures, LR 26.1
Limitations & commencement, meeting of parties, LR 26.2
Non-filing of, LR 5.1
Stipulations, LR 29.1

E

EMERGENCIES

Emergency filings, LR 5.3, LCrR 49.2
Facsimile filings, LR 5.4, LCrR 49.3

EVIDENCE

Hospital records, LR 45.2
Removal of court files & exhibits, LR 5.2, LCrR 49.1

EXHIBITS

Return or destruction of exhibits, LR 5.2, LCrR 49.1
Premarked for trial, LR 39.1, LCrR 23.1

F

FILINGS

Document size of papers, LR 5.5
Emergency filings, LR 5.3, LCrR 49.2
Facsimile filings, LR 5.4, LCrR 49.3

FORFEITURES

Collateral forfeiture in lieu of appearance, LCrR 58.1

H

HOSPITAL RECORDS

Admission of, LR 45.2

J

JUDGMENTS

Payment of, LR 58.1

JURIES

Notation of jury demand in pleading, LR 38.1
Post-verdict interrogation, LR 47.1, LCrR 24.1
Taxation of juror costs, LR 54.2

M

MAGISTRATE JUDGES

References to Magistrate Judges, LR 72.1
Trial of Civil and Misdemeanor Cases by Magistrate Judges, LR 73.1, LCrR 58.2

MEDIATION

Court-annexed mediation, LR 16.2

MISDEMEANORS

Trials by Magistrate Judges, LR 72.1, LCrR 58.2

MOTIONS

See Pleadings

P

PARTIES

Designation of class action, LR 23.1
Notification of claims of unconstitutionality, LR 24.1

PETITIONS

Pro se civil rights & habeas corpus, LR 9.1

PLEADINGS

Class actions designations, LR 23.1
Jury demand in pleadings, LR 38.1
Motion to amend, LR 15.1
Pro se civil rights & habeas corpus, LR 9.1
Identification of counsel on, LR 11.1, LCrR 49.4
Request for three-judge court, LR 9.2
Unconstitutionality of statutes, LR 24.1

PRESENTENCE REPORTS

Disclosure of, LCrR 32.1

PROBATION RECORDS

Disclosure of, LCrR 32.1

PRE-TRIAL PROCEDURES

Scheduling orders, LR 16.1
Alternative dispute resolution, LR 16.1
Court-annexed mediation, LR 16.2

R

RECORDS

Hospital records, LR 45.2

REMOVAL CASES

Legible copies required, LR 81.1

S

SCHEDULING ORDERS

Scheduling orders, LR 16.1

SCOPE OF RULES

Scope and construction, LR 1.1, LCrR 1.1

STIPULATIONS

Stipulations, LR 29.1

SUBPOENAS

Costs, LR 45.1, LCrR 17.1
Deadlines for requesting, LR 45.1, LCrR 17.1
Hospital records, LR 45.2
Writs ad testificandum, LR 45.1, LCrR 17.1

T

THREE-JUDGE COURT

Request for, LR 9.2

U

UNCONSTITUTIONALITY

Notification of claims of unconstitutionality, LR 24.1

W

WRITS

Writs ad testificandum, LR 45.1, LCrR 17.1