Transcription

LOCAL RULES OFTHE UNITED STATES DISTRICT COURTFOR THEEASTERN DISTRICT OF TENNESSEEEffective: December 1, 2009Revised: April 14, 2020

I. SCOPE OF THE RULES – ONE FORM OF ACTION . 1LR1.1 Scope of the Rules . 1(a) Title and Citation .1(b) Effective Date; Transitional Provision. .1(c) Scope of Rules; Construction .1(d) Reference to Clerk .1LR1.2 Amendments to the Local Rules . 2II. COMMENCEMENT OF THE ACTION . 3LR3.1 Civil Cover Sheet. 3LR3.1.1 Patent, Trademark and Copyright Cases . 4LR3.2 Assignment of Cases to Judges . 4(a) Method .4(b) Sequence.4(c) Procedure .4(d) Exceptions .4(e) Effect .5(f) Duty of parties .5(g) Unavailability of judge .5LR4.1 Service of Process . 6(a) Preparation of Summons.6(b) Preparation of Subpoenas for Witnesses. .6LR4.2 Payment of Fees by In Forma Pauperis Litigants . 7LR4.4 Prepayment of Fees . 8LR4.5 When Fee Not Included . 9LR5.1 General Format of Papers Presented for Filing . 10LR5.2 Filing and Service by Electronic Means . 11(a) Electronic Filing .11(b) Use of Case Management/Electronic Case Files system .11(c) Filing by Facsimile .11(d) Electronic Service.11(e) Electronic Case Filing Rules and Procedures .11LR5.3 Filing of Discovery . 12III. PLEADINGS AND MOTIONS. 13LR7.1 Motion Practice . 13(a) Briefing Schedule .13(b) Brief Format .13(c) Reply Briefs. .13(d) Supplemental Briefs. .13LR7.2 Motion Disposition . 14LR7.4 Citation of Authority . 15LR7.5 Resolution of Dispositive Motions by Magistrate Judge . 16(a) Consent to Magistrate Judge .16(b) Final Rulings by Magistrate Judge .16LR9.1 Social Security Cases . 17(a) Providing Social Security Number to Commissioner of Social Security .17ii

(b)Time Limit for Response by Commissioner of Social Security Under Title IIand XVI of Social Security Act .17(c) Extensions for Plaintiff and Defendant .17(d) Cases Remanded to the Commissioner of Social Security Pursuant to .17(e) Social Security Cases Transferred From Other Districts .17LR9.3 Petitions for Writ of Habeas Corpus . 18(a) State Prisoners. .18(b) Federal Prisoners. .18(c) Reference to Magistrate Judge. .18LR9.4 Rule Applicable To Death Penalty . 19(a) Application of Rule. .19(b) Motion for Stay .19(c) Issuance of Certificate of Probable Cause. .19(d) Issues Not Raised or Exhausted in State Courts. .19LR12.1 Extensions of Time to Respond . 20(b) Certification of Communication with Client .20LR15.1 Form of a Motion to Amend and Its Supporting Documentation . 21LR16.1 Pretrial Orders and Conferences in Civil Actions . 22(a) Pretrial Orders and Conferences. .22(b) Authority of Counsel and Parties .22(c) Rule 16(b) Scheduling Conferences.22LR16.2 Pretrial Conferences in Criminal Cases . 23LR16.3 Alternative Dispute Resolution. 24(a) Reference by Court .24(b) Consideration of ADR by Litigants .24LR16.4 Federal Mediation Program . 25(a) Mediation Referrals and Withdrawals. .25(b) Definitions .25(c) Approval of Mediators. .25(d) List of Approved Mediators. .25(e) Neutrality of a Mediator.26(f) Mediators as Counsel in Other Cases. .26(g) Disclosure of Conflicts. .26(h) Confidentiality and Restrictions on the Use of Information. .26(i) Compensation of Mediators. .26(j) Subpoenas. .26(k) Qualification of Mediators. .26(l) Party Attendance Required. .27(m) Mediation Report. .28(n) Standing Orders. .28(o) Special Procedures When Mediation is Ordered Without the Consent of theParties.28(p) Administration of the Mediation Program. .28LR16.5 Federal Arbitration Program . 29(a) Arbitration Referrals and Withdrawals .29(b) Definitions. .29iii

(c)(d)(e)(f)(g)(h)(i)(j)(k)(l)(m)Approval of Arbitrators.30List of Approved Arbitrators .30Neutrality of an Arbitrator .30Arbitrators as Counsel in Other Cases. .30Disclosure of Conflicts. .30Confidentiality and Restrictions on the Use of Information. .30Compensation of Arbitrators.30Subpoenas/Immunity .30Qualification of Arbitrators.31Procedures in Connection with the Reference to Arbitration .32Procedures for the Arbitration Hearing and the Filing of the ArbitrationAward .32(n) Trial De Novo or Entry of Judgment.33(o) Miscellaneous Provisions .34(p) Standing Orders. .34(q) Administration of the Arbitration Program.34IV. PARTIES . 42LR23.1 Designation of . 42LR24.1 Procedure for Notification of Any Claim of Unconstitutionality . 43V. DISCOVERY. 44LR26.1 Multiparty or Complex Litigation . 44LR26.2 Sealing of Court Records . 45(a) Public Record .45(b) Procedure .45(c) Criminal Matters .45LR33.1 Interrogatories . 46LR34.1 Inspections Made Pursuant to Court Order. 47LR37.2 Form of Discovery Motions .