CIVIL RULES 2015 - United States District Court
CIVILLOCAL RULES OF PRACTICEUNITED STATES DISTRICT COURTDISTRICT OF SOUTH DAKOTA12/01/2015
Table of ContentsJudges . viMagistrate Judges . viClerk .viiDIVISIONS OF DISTRICT OF SOUTH DAKOTA . 1INDIVIDUAL CALENDARS . 1LOCAL RULE NUMBERING . 21.1 SCOPEA.B.C.OF THE RULES . 2Citation Form . 2Scope and Effective Date . 2Relationship to Prior Rules; Actions Pending on Effective Date . 25.1 SERVING AND FILING PLEADINGS AND OTHER PAPERS . 2A.Service . 2B.Filing . 35.2 PRIVACY PROTECTION FOR FILINGS MADE WITH THE COURT . 47.1 MOTIONS . 5A.Motions to Seal . 5B.Required Written Brief . 5C.Oral Argument . 610.1 IDENTIFICATION. 6A.Caption . 6B.Signature Block. 612.1 EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND. 615.1 MOTIONS TO AMEND PLEADINGS. 716.1 SCHEDULING CONFERENCES . 726.1 FILING OF DISCOVERY MATERIALS . 8ii12/01/2015
26.2 MEETING OF PARTIES . 828.1 INDEPENDENCE OF COURT REPORTERS . 829.1 STIPULATIONS MADE IN OPEN COURT OR WRITING . 937.1 CONDITIONS FOR DISCOVERY MOTIONS . 939.1 TRIALS . 9A.Opening Statements in Jury Trials . 9B.Number of Attorneys . 10C.Motions During Trial . 1040.1 CONTINUANCES . 10A.Court Approval Required . 10B.When Witness Absent . 1043.1 EXHIBITS. 10A.Marking of Exhibits . 10B.Custody of Clerk . 10C.Custody with Offering Party. 10D.Biological Evidence . 11E.Substitution of Photographs for Exhibits . 11F.Disposition of Exhibits . 11G.Record of Withdrawal or Destruction . 12H.Unsafe or Dangerous Exhibits . 1243.2 TAKING TESTIMONY . 1247.1 EXAMINATION OF POTENTIAL JURORS . 1247.2 RESTRICTION ON INTERVIEWING JURORS . 1248.1 NUMBER OF JURORS . 1251.1 JURY INSTRUCTIONS . 12A.Pretrial Filing of Instructions . 12B.Form of Instructions. 1253.1 ALTERNATIVE DISPUTE RESOLUTION . 13iii12/01/2015
54.1 TAXATION OF COSTS . 13A.Procedure . 13B.Default Judgment . 13C.Attorney s Fees . 1356.1 MOTION FOR SUMMARY JUDGMENT . 14A.Moving Party s Required Statement of Material Facts . 14B.Opposing Party s Required Statement of Material Facts . 14C.Use of Documentary Evidence . 14D.Effect of Omission: Sanction . 1458.1 APPELLATE JUDGMENTS, ORDERS, AND MANDATES . 1465.1 MOTIONS FOR PRELIMINARY AND PERMANENT INJUNCTION . 1467.1 REGISTRY FUND . 1468.1 SETTLEMENT . 1577.1 OFFICE OF THE CLERK . 15A.Official Station . 15B.Deputy Stations . 1583.1 RECORDING AND CELLULAR DEVICES . 1583.2 ATTORNEYS. 16A.Bar of the Court . 16B.Eligibility . 16C.Procedure for Admission. 16D.Oath of Admission . 17E.Appearance of Attorney Pro Hac Vice . 17F.Attorneys for the United States and Federal Public Defender . 17G.Attorney Discipline . 18H.Reinstatement of Disbarred and Suspended Attorneys . 19I.Law Students . 1983.3 ASSIGNMENT OF OFFICIAL REPORTERS . 2183.4 FORM OF PAPERS . 21iv12/01/2015
83.5 CLERK S FEES . 21A.Filing Fees. 21B.Miscellaneous Fees. 22C.Refusal to File by the Clerk. 2283.6 MARSHALS FEES. 22A.Prepayment of Fees . 22B.USM Form 285 . 2283.7 WITHDRAWAL OF COUNSEL . 22A.In General . 22B.Withdrawal With Substitution . 22C.Withdrawal Without Substitution . 2383.8 WRITS OF HABEAS CORPUS AND MOTIONS PURSUANT TO 28 U.S.C.' 2255 . 23A.Filing Requirements . 23B.In Forma Pauperis Certification . 23C.Assignment of Judicial Officer . 23v12/01/2015
UNITED STATES DISTRICT COURTDISTRICT OF SOUTH DAKOTADistrict Judges:Magistrate Judges:Jeffrey L. VikenChief JudgeAndrew W. Bogue Federal Buildingand United States Courthouse515 Ninth Street, Room 318Rapid City, SD 57701605-399-6050Veronica L. DuffyUnited States Magistrate Judge400 South Phillips Ave., Room 119Sioux Falls, SD 57104605-330-6650William D. GerdesUnited States Magistrate Judge104 South Lincoln, Room 111Aberdeen, SD 57401605-622-1200Roberto A. LangeUnited States District Judge225 S. Pierre Street, Room 413Pierre, SD 57501605-945-4610Mark A. MorenoUnited States Magistrate Judge225 S. Pierre Street, Room 419Pierre, SD 57501605-945-4620Karen E. SchreierUnited States District Judge400 South Phillips Avenue, Room 233Sioux Falls, SD 57104605-330-6670Daneta WollmannUnited States Magistrate JudgeAndrew W. Bogue Federal Buildingand United States Courthouse515 Ninth Street, Room 244Rapid City, SD 57701605-399-6030John B. JonesUnited States District Judge400 South Phillips Avenue, Room 302Sioux Falls, SD 57104605-330-6640Charles B. KornmannUnited States District Judge102 Fourth Ave., SE, Room 408Aberdeen, SD 57401605-377-2600Lawrence L. PiersolUnited States District Judge400 South Phillips Avenue, Room 202Sioux Falls, SD 57104605-330-6640vi12/01/2015
Clerk:Joseph A. HaasClerk of Court400 South Phillips Ave., Room 128Sioux Falls, SD 57104605-330-6600605-330-6601 (fax)Divisional Office at Rapid City:Andrew W. Bogue Federal Buildingand United States Courthouse515 Ninth Street, Room 302Rapid City, SD 57701605-399-6000605-399-6001 (fax)Divisional Office at Pierre:225 S. Pierre Street, Room 405Pierre, SD 57501605-945-4600605-945-4601 (fax)vii12/01/2015
DIVISIONS OF DISTRICT OF SOUTH DAKOTAThe State of South Dakota constitutes one judicial district divided into fourdivisions for purposes of case assignment. (28 U.S.C. ' 122):(1) The NORTHERN DIVISIONcomprises the counties of Brown, Campbell, Clark, Codington, Corson, Day,Deuel, Edmunds, Grant, Hamlin, McPherson, Marshall, Roberts, Spink, andWalworth.The place of holding court is Aberdeen.(2) The SOUTHERN DIVISIONcomprises the counties of Aurora, Beadle, Bon Homme, Brookings, Brule,Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, Kingsbury, Lake,Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, andYankton.The place of holding court is Sioux Falls.(3) The CENTRAL DIVISION comprises the counties of Buffalo, Dewey,Faulk, Gregory, Haakon, Hand, Hughes, Hyde, Jerauld, Jones, Lyman, Mellette,Potter, Stanley, Sully, Todd, Tripp, and Ziebach.The place of holding court is Pierre.(4) The WESTERN DIVISION comprises the counties of Bennett,Butte, Custer, Fall River, Harding, Jackson, Lawrence, Meade, Oglala Lakota,Pennington and Perkins.The place of holding court is Rapid City.INDIVIDUAL CALENDARSThe court operates on an individual calendar system. Each judge in serviceassumes responsibility for the cases, both civil and criminal, assigned to him orher. The chief judge assigns responsibility for cases in the event of a recusal.The schedule in each case is fixed by court order. All preliminary motions willbe heard insofar as practicable by the district judge or magistrate judgeassigned to the case in question. Inquiries as to motions or other mattershaving to do with a particular case may be addressed to court personnel, asappropriate, for the attention of the judge who is assigned to the case.112/01/2015
LOCAL RULE NUMBERINGThese local rules have been numbered consistently with the Federal Rules ofCivil Procedure and the conventions of the United States Judicial Conference sLocal Rule Project. Generally, the number of each of the local rules is dictatedby the number of the corresponding rule in the Federal Rules of Civil Procedure.LR 1.1 SCOPE OF THE RULESA. Citation Form. The local civil rules are to be cited as AD.S.D. Civ. LR.@B. Scope and Effective Date. The local civil rules govern all civil proceedingsin the District of South Dakota to the extent they are not inconsistent withany statute or law of the United States or any rule or order of the SupremeCourt of the United States. These local civil rules become effective after thecomment period expires and upon the placement on court s official website.C. Relationship to Prior Rules; Actions Pending on Effective Date. Theserules supersede all previous rules promulgated by this court or any judge ofthis court, other than standing orders. They govern all applicable civilproceedings brought in this court after they take effect. They also apply toall proceedings pending at the time they take effect, except to the extentthat, in the opinion of the court, the application thereof would not befeasible or would work injustice, in which event the former rules will govern.Any judge may establish and enforce standard operating procedures not inconflict with these local rules or the Federal Rules of Civil Procedure.LR 5.1 SERVING AND FILING PLEADINGS AND OTHER PAPERSA. Service.1. Consent to electronic service. All attorneys, including attorneysadmitted pro hac vice and attorneys authorized to represent the UnitedStates, must register with the court s electronic filing system. Attorneysmay petition the court for a registration exemption for good causeshown.Attorneys registered with the court s electronic filing system will receiveelectronic notice of documents entered into the system.Registration constitutes written consent to electronic service of alldocuments filed in accordance with these rules and the Federal Rules ofCivil Procedure.2. What constitutes service. Receipt of Notice of Electronic Filing (NEF)that is generated by the Case Management/ Electronic Case Filing212/01/2015
(CM/ECF) system constitutes service of pleadings or other papers onany person who has consented to electronic service. Parties who havenot consented to electronic service including exempt attorneys and prose parties must be served in accordance with these rules and theFederal Rules of Civil Procedure.Service of the summons and complaint must not be made electronically,but should proceed according to Fed. R. Civ. P. 4.B. Filing.1. What constitutes filing/official record. Electronic transmission of adocument to the Electronic Filing System together with the transmissionof a Notice of Electronic Filing from the court constitutes filing of thedocument for all purposes of the local rules of this court and the FederalRules of Civil Procedure and constitutes entry of the document on thedocket kept by the clerk of court under Fed. R. Civ. P. 58 and 79. Whena document has been filed electronically, the official record is theelectronic document as stored by the court and is deemed filed at thedate and time stated on the Notice of Electronic Filing from the court.The party filing the document is bound by the document as filed.2. Method of Filing.(a) Electronic Filing. Documents filed by attorneys must be filedelectronically subject to subsection A.1. Counsel admitted pro hacvice may not file documents with the court.(b) Traditional Filing. Documents filed by exempt attorneys and prose parties are filed by delivering the original to the clerk within 14days after service on the opposing party or parties.(c) Exceptions. Exceptions to these filing methods are set out in theCM/ECF User Manual and Administrative Procedures found atwww.sdd.uscourts.gov.3. Certificate of Service. A party may serve a paper under Fed. R. Civ. P.5(b)(3) by using the court s electronic transmission facilities inaccordance with the CM/ECF User Manual and AdministrativeProcedures. If a document is served electronically in this manner, thenotice of electronic filing generated by CM/ECF constitutes a certificateof service with respect to those persons to whom electronic notice of thefiling is sent, and no separate certificate of service need be filed withrespect to those persons. In all other instances a certificate of servicemust be attached to the document identifying the persons served andthe manner in which service was accomplished.312/01/2015
4. Electronic Filing, Signing, or Verification. The user login andpassword required to submit documents to the CM/ECF System serveas the filing user s signature on all electronic documents filed with thecourt. They also serve as a signature for purposes of the Federal Rulesof Civil Procedure (including Fed. R. Civ. P. 11), the local rules of thiscourt, and any other purpose for which a signature is required inconnection with proceedings before the court. Electronically fileddocuments must include a signature block and set forth the name,address, telephone number, and e-mail address of the filing user. Inaddition, the name of the filing user under whose login and passwordthe documents are submitted must be preceded by a A/s/@ and typed inthe space where the signature would otherwise appear unless afacsimile of the filing user s signature appears in the signature block.No filing user or other person may knowingly permit a filing user s loginand password to be used by someone other than an authorized agent ofthe filing user.Registered Attorneys will protect the security of their passwords andimmediately notify the clerk if they learn that their password has beencompromised. Attorneys may be subject to sanctions for failure tocomply with this provision.5. Documents requiring the signature of more than one party.Documents requiring signatures of more than one party may beelectronically filed either by (a) submitting a scanned documentcontaining all necessary signatures; or (b) in any other mannerapproved by the court. When filing documents that require signaturesfrom other parties, it is not permissible to insert a A/s/@ for anotherperson s signature.6. Restricted Hyperlinks. Because a website address within a court filingbecomes a hyperlink to the internet location upon filing in the CM/ECFsystem, counsel must redact from any filed documents any websiteaddress that directs the court to a website that contains pornography orpersonal identifiers. After filing the redacted document, counsel mustprovide an unredacted version to the clerk of court for filing under seal.LR 5.2 PRIVACY PROTECTION FOR FILINGS MADE WITH THE COURTA. Pursuant to the E-Government Act of 2002, parties must refrain fromincluding, or must partially redact where inclusion is necessary, thefollowing personal data identifiers from all pleadings and papers filed,including exhibits thereto, unless otherwise ordered by the court:412/01/2015
1. Social Security numbers and Taxpayer Identification numbers. Only thelast four digits of these numbers may be used.2. Name of an individual known to be a minor. Only the initials of theminor may be used.3. Dates of birth. Only the year may be use
Civil Procedure and the conventions of the United States Judicial Conference s Local Rule Project. Generally, the number of each of the local rules is dictated by the number of the corresponding rule in the Federal Rules of Civil Procedure. LR 1.1 SCOPE OF THE RULES A. Citation Form. The local civil
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These local rules supplement the Federal Rules of Civil Procedure. Both sets of rules apply to civil actions in this district unless they conflict with each other or with any statute of the United States, in which event the Federal Rules of Civil Procedure or the statute governs. Any p
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Mar 25, 2019 · its General Rules into Local Civil Rules and Local Criminal Rules, renumbered to correspond to their counterparts in the Federal Rules of Civil and Criminal Procedure. Those Local Rules without a counterpart were assigned numbers in the 100s (court administration), 200s (ar
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