Attachments | District Court of Guam

I, _____________________, am the attorney who has been served with an order to show cause why disciplinary action should not be taken in the above-captioned matter.

I am a member of the bar of this Court.

I have been admitted to practice before the following State, Territorial and Federal courts, in the years, and under the license record numbers shown below:

I declare under penalty of perjury that the foregoing is true and correct.

Executed on __________________, 19 ____.

________________________

(Signature)

________________________

(Full Name - typed or printed)

________________________

(Address of Record) ____________________________________________________________________________

This declaration must be signed and delivered to the court with the attorney's answer to the order to show cause or any waiver of an answer. Failure to return this declaration may subject an attorney to further disciplinary action. Under 28 U.S.C. §1746, this declaration under penalty of perjury has the same force and effect as a sworn declaration made under oath.

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ATTACHMENT "LR 7.1A"

DISTRICT COURT OF GUAM

TERRITORY OF GUAM

Civil Case No. _______________

(TITLE OF CASE)

AGREEMENT OF HEARING DATE

Pursuant to Local Rule 7.1, the parties hereby acknowledge the following:

1. I, ___________________, am the attorney for the ___________ in this matter. I contacted the attorney(s) for the opposing party(ies) in this action, or if the opposing party(ies) is/are pro se, I contacted the pro se party(ies), to agree upon a date for oral argument of my Motion _____________________________.

2. The attorney(s) for the opposing party(ies) [or the pro se parties] is/are:

3. We agreed upon the following date: ______________.

4. I called the Deputy Clerk of Court to ensure that the Court is available on the above date.

I request oral argument and the party(ies) opposing the motion will not agree to an oral argument date.

DATED: ___________ __________________________

Attorney For Party Requesting

Oral Argument

ATTACHMENT "LR 16.1A"

DISTRICT COURT OF GUAM

TERRITORY OF GUAM

Civil Case No. __________

(TITLE OF CASE)

SCHEDULING ORDER

Pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure, and Local Rule 16.1 for the District Court of Guam, the parties hereby submit the following Scheduling Order:

1. The nature of the case is as follows:

2. The posture of the case is as follows:

a) The following motions are on file:

b) The following motions have been resolved:

c) The following discovery has been initiated:

3. All motions to add parties and claims shall be filed on or before:

4. All motions to amend pleadings shall be filed on or before:

5. Status of Discovery:

The Discovery Plan attached hereto is adopted and incorporated as part of this Scheduling Order; OR

a) The times for disclosures under Rules 26(a) and 26(e) of the

ATTACHMENT "LR 16.1A"

Federal Rules of Civil Procedure are modified as follows:

b) The following is a description and schedule of all pretrial discovery each party intends to initiate prior to the close of discovery:

Plaintiff:

Defendant:

6. The parties shall appear before the District Court on ________________ at __:__ _.m. for the Scheduling Conference.

7. The discovery cut-off date (defined as the last day to file responses to discovery) is:

8. a) The anticipated discovery motions are:

All discovery motions shall be filed on or before __________ and heard on or before _____________.

b) The anticipated dispositive motions are:

All dispositive motions shall be filed on or before _____________ and heard on or before _______________.

9. The prospects for settlement are:

10. The Preliminary Pretrial Conference shall be held on the ____ day of _________, at __:__ _.m. (no later than twenty-one (21) days prior to trial date).

11. The parties' pretrial materials, discovery material, witness lists, designations

ATTACHMENT "LR 16.1A"

and exhibit lists shall be filed on or before _______________ (no later than fourteen (14) days prior to trial).

12. The Proposed Pretrial Order shall be filed on or before the ____ day of ______________, 19___ (no later than fourteen (14) days prior to trial).

13. The Final Pretrial Conference shall be held on the ____ day of ______, at __:__ __.m. (seven (7) days prior to trial).

14. The trial shall be held on the _____ day of ___________, 199__, at __:__ _.m. (in no event shall the trial be later than 18 months after the complaint is filed, unless the Court otherwise allows).

15. The trial is / is not a jury trial.

16. It is anticipated that it will take _____ days to try this case.

17. The names of counsel on this case are:

18. The parties do/do not wish to submit this case to a settlement conference.

19. The parties present the following suggestions for shortening trial:

20. The following issues will also affect the status or management of the case:

DATED this ____ day of ________________, ____.

_______________________________ JOHN S. UNPINGCO Chief District Judge

APPROVED AS TO FORM AND CONTENT:

___________________________ ____________________________

Attorney for Plaintiff Attorney for Defendant

Attorney for (indicate)

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ATTACHMENT "LR 16.1B"

DISTRICT COURT OF GUAM

TERRITORY OF GUAM

Civil Case No. _________

(TITLE OF CASE)

SCHEDULING NOTICE

The Local Rules establish procedures for complying with Rules 16(b) and 26(f) of the Federal Rules of Civil Procedure. Counsel should study the Local Rules before attempting to process cases in this Court.

Pursuant to Local Rules 16.1 and 16.2, it is hereby ORDERED that:

1. Counsel of record and all pro se litigants that have appeared in the case must meet and confer, within fifteen (15) days after receipt of this Notice, but no later than sixty (60) days after the filing of the complaint, prior to commencing discovery.

2. A proposed Scheduling Order and a proposed Discovery Plan shall be filed on or before the ____ day of ___________, 19___. Careful and immediate attention should be given to the directions in Local Rules 16.1 and 16.2 to ensure complete and timely compliance with Federal Rules 16(b) and 26(f), and the Local Rules.

3. Plaintiffs' counsel, or if the plaintiff is pro se, then the pro se plaintiff, must take the lead in the preparation of the Scheduling Order. If a defendant is not contacted by a pro se plaintiff within the required time frame, the defendant's counsel shall contact the pro se plaintiff

ATTACHMENT "LR 16.1B"

and arrange a meeting to comply with this Rule in the appropriate time frame. The failure of a party or its counsel to participate in good faith in the framing of a Scheduling Order may result in the imposition of sanctions.

4. Counsel of record and all pro se litigants that have appeared in the case are jointly responsible for submitting a Proposed Discovery Plan to the Court.

5. A Scheduling Conference shall be held on the ____ day of ____________, 19____, at __:___ _.m.

6. Counsel are reminded that:

a) The filing of motions does not postpone discovery.

b) Local Rule 37.1 governs discovery disputes and motions.

c) The number and form of interrogatories are governed by Local Rule 33.1.

(d) Discovery documents and certificates of service shall not be filed with the clerk until there is a proceeding in which the document or proof of service is in issue.

MARY L.M. MORAN

Clerk of Court

By: ________________________

Deputy Clerk

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ATTACHMENT "LTR 2A"

DISTRICT COURT OF GUAM

TERRITORY OF GUAM

DOCKET NO.

Petitioner(s)

vs.

PETITION IN TAX CASE

DIRECTOR OF DEPARTMENT

OF REVENUE AND TAXATION

Respondent.

The petitioner hereby petitions for a redetermination of the deficiency (or liability) set forth by the Director of Department of Revenue & Taxation in his notice of deficiency (or liability) [Service symbols] dated , 19 , and as the basis for his case alleges as follows:

1. The petitioner is [set forth whether an individual, or a corporation, etc., as provided in Local Tax Rule 2] with legal residence (or principal office) now at

Street `City State or Terr. Zip Code

Petitioner's taxpayer identification number (e.g., Social Security or employer identification number) is .

ATTACHMENT "LTR 2A"

The return for the period here involved was filed with the Department of Revenue & Taxation, Government of Guam at , .

City Territory

2. The notice of deficiency (or liability) ( a copy of which, including so much of the statement and schedules accompanying the notice as is material, is attached and marked Exhibit A) was mailed to the petitioner on , 19 , and was issued by the Department of Revenue & Taxation, __________, Guam.

3. The deficiencies (or liabilities) as determined by the Director are in income (estate, gift, or certain excise) taxes for the calendar (or fiscal) year 19 , in the amount of $ , of which $ , is in dispute.

4. The determination of tax set forth in the said notice of deficiency (or liability) is based upon the following errors: [Here set forth specifically in lettered subparagraphs the assignments of error in a concise manner and avoid pleading facts which properly belong in the succeeding paragraph.]

5. The facts upon which the petitioner relies, as the basis of his case, are as follows: [Here set forth allegations of fact, but not the evidence, sufficient to inform the Court and the Director of the positions taken and the bases therefor, in orderly and logical sequence, with subparagraphs lettered, so as to enable the Director to admit or deny each allegation. See Local Tax Rule 2(e).

ATTACHMENT "LTR 2A"

WHEREFORE, petitioner prays that [here set forth the relief desired].

Dated: ________________________

(signed)

Petitioner or Counsel

__________________________

Address

__________________________

Telephone (include area code)

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