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Why does the Rule 16 Scheduling Order establish a dispositive motion deadline before the end of the period allowed for discovery?

Litigants before the Court are entitled to careful consideration of the issues by the Court.

In order to give non-movants a reasonable time to respond and movants time to reply, final submission is approximately a month after the dispositive motion is filed. The Court must have sufficient time to fully and properly consider issues raised on a motion for summary judgment. The deadlines established in the Court's scheduling order insure achievement of these purposes.

The judges try to resolve summary judgment motions in advance of pretrial hearings. Neither moving the summary judgment deadline to the cutoff of discovery nor cutting off discovery at the earlier summary judgment deadline would be appropriate. Any attorney viewing a case as one appropriate for summary judgment should schedule discovery to allow the deadline to be met. Setting the dispositive motion deadline prior to the end of discovery also recognizes the realities of litigation. Often factual issues which should be developed for trial are not necessary for resolution of summary judgment issues.

If summary judgment is denied, a discovery cut-off after the time for filing dispositive motions allows discovery to proceed without the necessity of a motion to reopen discovery. The court encourages lawyers to conduct discovery in a manner consistent with "just, speedy and inexpensive" procedures. See Federal Rules of Civil Procedure, Rule 1.

As counsel of record, can I e-file a new case?

No. The Alabama Middle District does not allow initial pleadings to be filed electronically. All new complaints and notices of removal must be conventionally filed in our court. Please remember that all conventional filings require ink signatures, and not e-signatures.

Does my employer have to let me off for jury duty?

Yes. Under federal and state law, employers must allow their employees time off for jury duty. An employee cannot be punished in any way for serving as a juror. Anyone who is a full-time employee serving on federal or state jury duty is entitled to his or her "usual compensation received from such employment." Alabama Code § 12-16-8 (1975).

Furthermore, 28 U.S.C. § 1875 (a) and (b) state that no employer shall discharge, threaten to discharge, intimidate, or coerce any permanentemployee by reason of such employee's service, or the attendance or scheduled attendance in connection with any such service, in any court of the United States. Any employer violating these provisions will be liable for damages, may be enjoined from further violations, and will be subject to civil penalty to include fees and possible community service.

Do I report my attendance fee on my taxes?

Yes. The IRS considers juror attendance fees to be Other Income and must be reported. At the end of the year, a 1099 MISC form will be mailed to all jurors who earn $600 or more in attendance fees in the calendar year. This applies only to the "attendance fees" and not for reimbursement for travel expenses.

How can I pay a federal (CVB) ticket?

You can pay online or you may also make a payment by calling the Central Violations Bureau during normal business hours at (800) 827-2982 or mail a check or money order to:

Central Violations Bureau
P.O. Box 71363
Philadelphia, PA 19176-1363

Make sure to include the location code and violation number on your payment.

How do I know if I received a federal ticket?

If the ticket you received does not say "U.S. District Court Violation Notice" across the top, then you did not receive a federal ticket. Federal tickets are issued by law enforcement personnel from agencies such as the U.S. Park Police, U.S. Fish & Wildlife, Department of Defense Police, U.S. Coast Guard, U.S. Provost Marshal, Airforce, Marines & Navy Security Forces, U.S. Postal Police, U.S. Customs, U.S. Border Police, and V.A. Police.

The Central Violations Bureau is designed to allow on-line payments of FEDERAL TICKETS ONLY!  This is a SAMPLE federal ticket.

What is the Central Violations Bureau?

The Central Violations Bureau (CVB) is a national center responsible for processing violation notices (tickets) issued and payments received for petty offenses charged on a federal violation notice. This includes violations that occur on federal property such as federal buildings, national parks, military installations, post offices, Veteran Affairs medical centers, national wildlife refuges, and national forests. The Central Violations Bureau processes violation notices for violations of federal law that occur outside federal property as well. For example, migratory bird offenses that occur on private property.