(a) Title. These are the Local Rules of Practice for the District Court of Guam. They may be cited as "GR (General Rules), LR (Civil Rules), LAR (Local Admiralty Rules), LHCR (Local Habeas Corpus Rules), LTR (Local Tax Rules), and LBR (Local Bankruptcy Rules).

(b) Effective Date; Transitional Provision. These rules govern all actions and proceedings pending on or commenced after April 15, 1997. Where justice requires, a judge may order that an action or proceeding pending before the Court prior to that date be governed by the prior practice of the Court.

(c) Scope of the Rules: Construction. These Rules supplement the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure and the National Bankruptcy Rules. These Rules shall be construed so as to be consistent with the Federal Rules and to promote the just, efficient and economical determination of every action and proceeding. The provisions of the General Rules shall apply to all actions and proceedings, including civil, tax, criminal, admiralty and bankruptcy, except where they may be inconsistent with rules or provisions of law specifically applicable thereto.

(d) Definitions.

(1) The word "Court" refers to the District Court of Guam, and not to any particular judge of the Court.

(2) The word "judge" refers to any United States District Judge or any designated judge exercising jurisdiction with respect to a particular action or proceeding in said court, or to a part-time or full-time United States Magistrate Judge, to whom such action or proceeding has been assigned for purposes relevant to the context in which such reference occurs.

(3) The word "clerk" means the Clerk for the District Court of Guam and deputy clerks, unless the context otherwise requires.

(4) The "Pacific Daily News", a newspaper of general circulation published in Hagåtña, Guam, is designated the official newspaper of the Court. Unless otherwise provided by order, every notice required to be published shall be published in the "Pacific Daily News."

GR 2.1 Sanctions and Penalties for Noncompliance.

(a) Violation of Rule. The violation of or failure to conform to any of these Local Rules, the Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, Federal Rules of Appellate Procedure, the Admiralty Rules, and the Bankruptcy Rules shall subject the offending party or counsel to such penalties, including monetary sanctions and/or the imposition of costs and attorneys's fees to opposing counsel, as the Court may deem appropriate under the circumstances.

(b) Failure to Appear or Prepare. Failure of counsel for any party to take any of the following steps may be deemed an abandonment or failure to prosecute or defend diligently by the defaulting party:

(1) Complete the necessary preparation for pretrial;

(2) Appear at the scheduling conference or pretrial conference;

(3) Be prepared for trial on the date set; or

(4) Appear at any hearing where service of notice of the hearing has been given or waived.

Judgment may be entered against the defaulting party either with respect to a specific issue or on the entire case.

GR 3.1 Stipulations.

(a) Stipulations will be recognized as binding only when made in open court or filed in the cause. Written stipulations shall not be effective unless approved by the Judge.

(b) A stipulation shall contain the words "Approved and So Ordered," and a blank line for the date and a designated signature line for the Judge. The Judge's signature line must appear on the same page as the signature of at least one of the attorneys entering into the stipulation.

(c) Any stipulation which extends time or provides for a continuance shall contain the reason for the change of date.

GR 4.1 Citation of Authority.

(a) Parties shall provide this Court with a copy of any case or other authority which they cite or rely upon and which is unavailable in either this Court's library or the Guam Territorial Law Library.

(b) All citations shall be in the form found in A Uniform System of Citation (16th ed.), identifying the court cited, and enabling both the Court and opposing counsel to locate the cited work.

GR 5.1 Format and Filing.

(a) Form; Copy. All papers presented for filing shall be on white opaque paper of good quality, eight and one-half inches by eleven inches (8 ½ x 11) in size, and shall be flat, unfolded (except where necessary for the presentation of exhibits), without back or cover and shall comply with all other applicable provisions of these Rules. All pages shall be numbered consecutively at the bottom and firmly bound at the upper left-hand corner. In addition to the original, a legible conformed copy of all documents, except certificates of service, summons, subpoenas and notices of depositions, shall be filed for the judge's use. Matter shall be presented by typewriting, printing, or other clearly legible reproduction process, and shall appear on one side of each sheet only. Facsimile reproductions are not acceptable. All papers shall be double-spaced except for the identification of counsel, title of the case, footnotes, quotations, and exhibits. No facsimile filings shall be accepted as the original for filing unless the party seeking to file by facsimile has secured the permission of the Court to file by facsimile by motion to the Court.

(b) Format. The title of the Court shall be centered and commence not less than three inches from the top of the page.

(c) Title Page. The first page of every document shall contain the following information which may be single spaced:

(1) The name, address and telephone number of the attorney appearing for a party in an action or individual appearing pro se and for whom the attorney appears shall be printed or typewritten in the upper left-hand corner. The space to the right of the page's center shall be reserved for the clerk's filing stamp.

(2) Below and to the left of the title of the Court, the title of the action or proceeding shall be inserted. In a complaint, the title of the proceeding shall contain the names of all parties and in the event that the parties are too numerous for all to be named on the first page, the names of the parties may be carried onto successive page(s). In all papers other than a complaint, the title of the proceeding may be appropriately abbreviated.

(3) In the space to the right of the title of the action, the following shall appear:

(A) the file number of the action or proceeding;

(B) a designation of the action or proceeding as civil, criminal, bankruptcy, or adversary;

(C) a brief description of the nature of the document; and

(D) mention of any notice of motion or affidavits or memorandum in support.

(4) Cover Sheets. All documents initiating civil, criminal and adversary proceedings shall be accompanied by the appropriate cover sheet, which shall be fully completed and executed. Cover sheets are available upon request at the Clerk's Office. Persons in the custody of state or federal institutions and pro se litigants are exempt from the requirements of this subdivision.

(d) Typed Names Below Signature Lines. Names shall be typed below signatures on all pleadings and documents filed.

GR 6.1 Continuances.

No continuance shall be granted merely on the stipulation of the parties. If the Court is satisfied that counsel are preparing the case with diligence and additional time is required to comply with these Rules, the parties may move the Court to extend the dates for the obligations imposed under these Rules, upon submission of a timely stipulated motion signed by all counsel setting forth the reasons for the requested continuance. No continuance will be granted unless the stipulation has been lodged before the date upon which the act was to have been completed under this Rule.

GR 7.1 Clerk of Court.

(a) Location and Hours.

(1) The Office of the Clerk of this Court shall be located at 520 West Soledad Avenue, Fourth Floor of the U.S. Courthouse, Room 460, in Hagåtña, Guam. The mailing address is 4th Floor, U.S. Courthouse, 520 West Soledad Avenue, Hagåtña, Guam 96910. The regular hours shall be from 8:00 a.m. to 3:00 p.m. each day except Saturdays, Sundays, legal holidays and other days or at times so ordered by the Court. Nothing in this Rule precludes the filing of papers as provided in Rule 77, Federal Rules of Civil Procedure.

(2) Pleadings to be filed between 3:00 p.m. and 5:00 p.m. on a business day may be deposited with the Court Security Officer on duty. Documents submitted in this manner must be placed in a protective envelope. These documents will be reviewed each business day morning at 8:00 a.m. and will be stamp filed as of the prior business day date unless the required filing fee is not included. Filed copies will be available for pick up at the Clerk's Office the following business day morning after 9:30 a.m.

(b) Court Calendar. The clerk shall, not later than Friday of each week, distribute to all counsel of record and the Clerk of the Superior Court of Guam, and post on the bulletin board of the District Court, copies of the court's calendar for the following week.

GR 8.1 Deposits in Court - Responsibility of the Clerk.

(a) Order of Deposit: Interest-Bearing Account. Whenever the Court orders that money deposited into Court shall be deposited by the clerk in an interest-bearing account, the party seeking the order shall forthwith personally serve a copy of such order upon the Clerk of Court or the Chief Deputy Clerk.

(b) Order of Deposit - Failure to Serve. Failure of the party seeking an order of deposit to an interest-bearing account to personally serve the Clerk of Court or Chief Deputy Clerk with a copy of the order shall release the Clerk of Court from any liability for loss of interest upon the money subject to the order of deposit.

(c) Deposit of Money - FDIC or FSLIC Institution. Unless otherwise ordered by the Court, the clerk shall deposit money pursuant to an order of deposit in any institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. The clerk may also invest such money in United States treasury bills.

(d) Prompt Deposit of Money. The clerk shall deposit the money pursuant to an order of deposit as soon as practicable following service of a copy of the order by the party seeking the order.

(e) Forms of Standard Orders of Deposit. The following forms of standard orders shall be used for deposit of registry funds into interest-bearing accounts:

(1) IT IS ORDERED that the clerk deposit the amount of $_______ in an interest-bearing account, said funds to remain on deposit pending further order of the Court.

IT IS FURTHER ORDERED that counsel presenting this order personally serve a copy thereof on the Clerk of Court or the Chief Deputy Clerk. Absent the aforesaid service, the Clerk of Court is hereby relieved from any personal liability relative to compliance with this order. (NOTE: To comply with this order, the clerk will determine the particular banking institution and type of account to be utilized. Generally, the account will be a passbook account.)

(2) IT IS ORDERED that the clerk deposit the amount of $_______ in a (specify type of account and term, i.e., sixty (60) day time certificate, treasury bill, passbook, etc.) at (name and address of bank or savings and loan) said funds to remain on deposit pending further order of the Court.

IT IS FURTHER ORDERED that [name(s) and address(es)] is/are the designated beneficiary or beneficiaries, and [name(s) and address(es)] is/are the custodian or custodians of the passbook or certificate of deposit. The form of additional collateral to be posted by the private institution in the event that the standard FDIC or FSLIC coverage is insufficient to insure the total amount of deposit is (state form of additional collateral).

GR 9.1 Sessions of Court.

The District Court of Guam shall be in continuous session in Hagåtña, Guam.

GR 10.1 Motion Day.

All civil and bankruptcy motions shall be called on Friday of each week at 9:30 a.m. and all criminal motions shall be called on Friday of each week at 1:30 p.m., unless the Court orders otherwise. If Friday is a legal holiday, the preceding Thursday will be that week's civil, bankruptcy, and criminal motion day.

GR 11.1 Fee Schedule.

The Fee Schedule will be issued and updated by the Clerk of Court on a regular basis.

GR 12.1 Correspondence and Communications with the Court.

Attorneys or parties to any action or proceeding should refrain from writing letters to the judge, or otherwise communicating with the judge unless opposing counsel is present. All matters to be called to a judge's attention should be formally submitted as herein provided.

GR 13.1 Court Library.

The Court maintains a law library for the primary use of judges and personnel of the Court. In addition, attorneys and pro se litigants may use the library. The library is operated in accordance with such Rules and regulations as the Court may from time to time adopt.

GR 14.1 Files; Custody and Withdrawal.

All files of the court shall remain in the custody of the clerk and no record or paper belonging to the files of the court shall be taken from the custody of the clerk without a special order of a judge and a proper receipt signed by the person obtaining the record or paper. No such order will be made except in extraordinary circumstances.

GR 15.1 Pretrial and Trial Publicity.

(a) Broadcasting, Televising, Recording or Photographing Judicial and Grand Jury Proceedings. The taking of photographs, operation of tape recorders or radio or television broadcasting in the courtroom, grand jury room, and their environs (i.e., the third and fourth floors of the U.S. Courthouse; and the hallways and public areas leading to, and the hearing, waiting, or witness rooms utilized by the Grand Jury) during the progress of or in connection with any proceeding, including proceedings before a United States Grand Jury, whether or not actually in session, is prohibited.

A judge may, however, permit (1) the use of electronic or photographic means for the presentation of the evidence or the perpetuation of a record by a court reporter and, (2) the broadcasting, televising, recording or photographing of investiture, ceremonial, or naturalization proceedings. Attorneys for the United States may use recording devices to present evidence to a grand jury.

(b) Publicity. The Court personnel, including but not limited to marshals, clerks and deputies, law clerks, secretaries, messengers, interpreters and court reporters, shall not disclose to any person information relating to any pending proceeding that is not part of the public records of the Court without specific authorization of the Court.

(c) Officers of this Court. In criminal cases or proceedings before any judge of this Court, prosecuting attorneys and defense counsel, as officers of this Court, and their associates, assistants, agents, enforcement officers and investigators, shall refrain from making, or advising or encouraging others to make to, for, or in the press, or on radio, television or other news media, statements concerning the parties, witnesses, merits of cases, probable evidence, or other matters which are likely to prejudice the ability of either the government or the defendant to obtain a fair trial.

GR 16.1 Security of the Court.

The Court, or the judges thereof, may from time to time make such orders or impose such requirements as may be reasonably necessary to assure the security of the Court and of all persons in attendance.

GR 17.1 Attorneys - Admission to the Bar of this Court - Duties.

(a) Admission to Practice. Admission to and continuing membership in the bar of this Court is limited to attorneys of good moral character who are active members in good standing of the Territorial Bar of Guam. All members admitted to practice before this Court must file an "Attorney Registration Statement" in a form attached hereto as Attachment "GR 17.1A."

(b) Procedure for Admission. Each applicant for admission shall present to the clerk a written petition for admission stating the applicant's full name, residence address, office address, the names of the courts before which the applicant is admitted to practice, and the respective dates of admission to those courts.

(1) The petition shall be accompanied by:

(A) a certificate from the Supreme Court of Guam evidencing the fact that the applicant is an active member in good standing of the Territorial Bar,

(B) a certificate of a member of the bar of this Court, stating that he knows the applicant and can affirm that he is of good moral character, and

(C) an order for admission to be signed by the judge. (Copies of the petition for admission and order of admission shall be supplied by the clerk upon request.)

(2) Upon qualification, the Clerk or his authorized deputy shall administer the following oath of admission to the applicant:

"I solemnly swear that I will support the Constitution of the United States, the Organic Act of Guam, the applicable statutes of the United States and the laws of the territory of Guam; That I will maintain the respect due to the Courts of Justice and Judicial Officers and that I will demean myself uprightly as an attorney at law; And to abide by the Code of Professional Responsibility of the American Bar Association."

(3) Before the clerk is authorized to issue a certificate of admission to the applicant, the applicant must:

(A) sign the prescribed oath;

(B) sign the roll of attorneys; and

(C) pay an attorney admission fee of $100.00 made payable to Clerk, District Court of Guam.

(4) Any attorney so admitted and any attorney previously admitted who would now be eligible for admission under subsection (a) of this Rule shall be deemed to be an active member of the Bar of this Court.

(c) Attorneys for the United States. Any attorney who is not eligible for admission under paragraph (b) hereof, but who is a member in good standing of, and eligible to practice before, the bar of any United States Court or of the highest court of any State, or of any Territory or Insular Possession of the United States and who is of good moral character, may practice in this Court in any matter in which he is employed or retained by the United States or its agencies and is representing the United States or any of its officers or agencies. Attorneys so permitted to practice in this Court are subject to the jurisdiction of the Court with respect to their conduct to the same extent as members of the bar of this Court.

(d) Pro Hac Vice. An attorney who is not eligible for admission under paragraph (b) hereof, but who is a member in good standing of, and eligible to practice before, the bar of any United States Court or of the highest court of any State or of any Territory or Insular Possession of the United States, who is of good moral character, and who has been retained to appear in this Court, may, upon written application and in the discretion of the Court, be permitted to appear and participate in a particular case.

(1) Unless authorized by the Constitution of the United States or Acts of Congress, an attorney is not eligible to practice pursuant to this paragraph (d) if any one or more of the following apply to him:

(A) he resides in Guam,

(B) he is regularly employed in Guam, or

(C) he is regularly engaged in business, professional or other activities in Guam.

(2) The pro hac vice application shall be presented to the clerk and shall state under penalty of perjury;

(A) the attorney's residence and office addresses,

(B) by what court he has been admitted to practice and the date of admission,

(C) that he is in good standing and eligible to practice in said court,

(D) that he is not currently suspended or disbarred in any other court, and

(E) if he has concurrently or within the year preceding his current application made any pro hac vice applications to this Court, the title and the number of each matter wherein he made application, the date of application, and whether or not his application was granted. He shall also designate in his application an active member in good standing of the bar of this Court as required by subsection (e) of this Rule, with whom the Court and opposing counsel may readily communicate regarding the conduct of the case and upon whom papers shall be served.

(3) The pro hac vice application shall also be accompanied by payment to the clerk of a $100.00 fee, (payable to Clerk, District Court of Guam). If the pro hac vice application is denied, the Court may refund any or all of the fee or assessment paid by the attorney. If the application is granted, the attorney is subject to the jurisdiction of the Court with respect to his conduct to the same extent as a member of the bar of this Court.

(e) Designation of Local Counsel. An attorney applying to practice before this Court under subsection (d) of this Rule, shall designate an attorney who is an active member in good standing of the Bar of this Court, who resides in and has an office in this District, as co-counsel. He shall file with such designation the address, telephone number, and written consent of such designee. The associated local attorney shall at all times meaningfully participate in the preparation and trial of the case with the authority and responsibility to act as attorney of record for all purposes. Any document required or authorized to be served on counsel by all Federal Rules or by these Rules, shall be served upon the associated local counsel. Service upon associated local counsel shall be deemed proper and effective service unless excused by the judge. Local counsel shall attend all proceedings related to the case before this Court for which counsel is associated unless excused by this court.

(f) Government of Guam Attorneys. Any attorney employed by the Office of the Attorney General, Public Defender Service Corporation of Guam, or Guam Legal Services Corporation, who is not eligible under paragraph (b) hereof, may be temporarily admitted to practice in the District Court of Guam. Each applicant for temporary admission shall present to the clerk a written petition for temporary admission, stating the applicant's full name, residence address, office address, the names of the courts before which the applicant is admitted to practice, and the respective dates of admission to those courts.

(1) The petition for temporary admission shall be accompanied by:

(A) a certified copy of the applicant's order for temporary admission to practice law in the Territory of Guam;

(B) a certificate of a member of the bar of this Court, stating that he knows the applicant and can affirm that he is of good moral character, and

(C) an order for temporary admission to be signed by the judge.

(2) Upon qualification, the applicant must pay the Attorney Admission Fee of $100.00 (payable to the Clerk, District Court of Guam) and the clerk or his authorized deputy shall administer the oath of admission set forth in paragraph (b)(2) hereof, and have the applicant sign the prescribed oath.

(3) Government of Guam Attorneys temporarily admitted to practice in this Court are subject to the jurisdiction of the Court with respect to their conduct to the same extent as members of the bar of this Court. Upon termination of employment with the Government of Guam, the government attorney so temporarily admitted shall notify, in writing, the clerk of the District Court of Guam of such termination. Once notified, the clerk shall strike the temporarily admitted government attorney from the roll of attorneys. If the temporarily admitted attorney meets the requirements for full admission while still employed as an attorney for the Government of Guam, and complies with all of the requirements set forth in subsection (b) herein, the $100.00 permanent admission fee will be waived.

GR 18.1 Practice in this Court; Dress Code.

(a) Active Member. Only an active member of the bar of this Court or an attorney otherwise authorized by these Rules to practice before this Court may enter appearances for a party, sign stipulations or receive payment or enter satisfaction of judgment, decree or order. Nothing in these Rules shall prohibit any individual appearing in propria persona.

(b) Courtroom Attire. All attorneys appearing in open court shall be suitably dressed. Minimum acceptable dress for male practitioners shall consist of a dress shirt, necktie, dress slacks, socks and shoes. The Court may refuse to hear attorneys whose appearance does not conform to this Rule. This Rule applies on all business days that the court is in session.

GR 19.1 Appearances, Substitutions and Withdrawal of Attorneys.

(a) Appearances. Whenever a party has appeared by an attorney, the party may not thereafter appear or act in his or her own behalf in the action, or take any step therein, unless an order of substitution shall first have been made by the Court, after notice to the attorney of such party, and to all other parties; provided, that the Court may in its discretion hear a party in open court, notwithstanding the fact that the party has appeared, or is represented by an attorney.

(b) Substitutions. When an attorney of record for any reason ceases to act for a party, such party shall appear in person or appoint another attorney either:

(1) by a written substitution of attorney signed by the party, the attorney ceasing to act, and the newly appointed attorney; or

(2) by a written designation filed in the cause and served upon the attorney ceasing to act, unless said attorney is deceased, in which event the designation of a new attorney shall so state.

Until such substitution is approved by the Court, the authority of the attorney of record shall continue for all proper purposes.

(c) Withdrawals. An attorney may withdraw from an action or proceeding only by leave of court for good cause shown, and after serving written notice reasonably in advance to the client and to all other parties who have appeared in the case. Leave to withdraw may be granted subject to the condition that subsequent papers may continue to be served on counsel for forwarding purposes or on the clerk of the Court, as the judge may direct, unless and until the client appears by other counsel or in propria persona, and any notice to the client shall so state and any filed consent of the client shall so acknowledge. The authority and duty of counsel of record shall continue until relieved by order of a judge issued hereunder.

GR 20.1 Persons Appearing Without an Attorney - In Propria Persona.

Any person who is representing himself or herself without an attorney must appear personally for such purpose and may not delegate that duty to any other person, including husband or wife, or another party on the same side appearing without an attorney. Any person so representing himself or herself without an attorney is bound by these Rules, and by the Federal Rules. Failure to comply therewith may be grounds for dismissal or judgment by default. A corporation may not appear pro se in a case in this Court.

GR 21.1 Attorneys in Private Practice.

Any attorney in private practice who has set up a law firm shall, upon formation of his firm, file a statement with the clerk indicating the name of the firm, the names of all associates of the firm, the office and mailing address and telephone number. Similarly, those attorneys in private practice who form a partnership or corporation shall, upon formation of such partnership or corporation, file a statement with the clerk, indicating the name of the partnership or corporation, the names of all partners and associates of the firm, the office and mailing address and telephone number.

In the event a partner or associate shall withdraw, or a new partner or associate shall join a firm, or there shall be any change in the firm name, office or mailing address, a certificate shall thereupon be filed with the clerk setting forth the effective date of the change, the name of all withdrawing or joining partners and associates, and the new firm name and address.

In the event of the dissolution of a law firm, a certificate shall be filed with the clerk setting forth the date of dissolution, and in the event that all partners withdraw from practice, the names and office addresses of the member or members of the Bar of this Court who are handling the termination of matters on behalf of the former firm.

GR 22.1 Attorneys - Standard of Conduct and Disciplinary Enforcement.

(a) The Standing Committee on Discipline. The Court will appoint from time to time, by an order, a "Standing Committee on Discipline" consisting of five members of the bar and will designate one of the members to serve as Chairman of the Committee. The members of the committee shall continue in office for a period of three years or until further order of the judge.

(b) Attorneys Convicted of Crimes.

(1) Upon the filing with this Court of a certified copy of a judgment of conviction demonstrating that any attorney admitted to practice before the Court has been convicted in any court of the United States, or the District of Columbia, or of any state, territory, commonwealth or possession of the United States of a serious crime as hereinafter defined, the Court shall enter an order immediately suspending that attorney, whether the conviction resulted from a plea of guilty, or nolo contendere or from a verdict after trial or otherwise, and regardless of the pendency of any appeal, until final disposition of a disciplinary proceeding to be commenced upon such conviction. A copy of such order shall immediately be served upon the attorney. Upon good cause shown, the Court may set aside such order when it appears in the interest of justice to do so.

(2) The term "serious crime" shall include any felony and any lesser crime a necessary element of which, as determined by the statutory or common law definition of such crime in the jurisdiction where the judgment was entered, involves false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a "serious crime."

(3) A certified copy of a judgment of conviction of an attorney for any crime shall be conclusive evidence of the commission of that crime in any disciplinary proceeding instituted against that attorney based upon the conviction.

(4) Upon the filing of a certified copy of a judgment of conviction of an attorney for a serious crime, the Court shall, in addition to suspending that attorney in accordance with the provisions of this Rule, also refer the matter to the Standing Committee on Discipline for the institution of a disciplinary proceeding before the Court in which the sole issue to be determined shall be the extent of the final discipline to be imposed as a result of the conduct resulting in the conviction, provided that a disciplinary proceeding so instituted will not be brought to final hearing until all appeals from the conviction are concluded.

(5) Upon the filing of a certified copy of a judgment of conviction of an attorney for a crime not constituting a "serious crime," the Court may refer the matter to the Standing Committee on Discipline for whatever action the Committee may deem warranted, including the institution of a disciplinary proceeding before the Court; provided, however, that the Court may in its discretion make no reference with respect to convictions for minor offenses.

(6) An attorney suspended under the provisions of this Rule will be reinstated immediately upon the filing of a certificate demonstrating that the underlying conviction of a serious crime has been reversed, but the reinstatement will not terminate any disciplinary proceeding then pending against the attorney, the disposition of which shall be determined by the Court on the basis of all available evidence pertaining to both guilt and the extent of discipline to be imposed.

(c) Discipline Imposed by Other Courts.

(1) Any attorney admitted to practice before this Court shall, upon being subjected to public discipline by any other court of the United States or the District of Columbia, or by a court of any state, territory, commonwealth or possession of the United States, promptly inform the clerk of this Court of such action.

(2) Upon the filing of a certified or exemplified copy of a judgment or order demonstrating that an attorney admitted to practice before this Court has been disciplined by another court, this Court shall forthwith issue a notice directed to the attorney containing:

(A) a copy of the judgment or order from the other court; and

(B) an order to show cause directing that the attorney inform this Court within thirty (30) days after service of that order upon the attorney, personally or by mail, of any claim by the attorney predicated upon the grounds set forth in (c)(2)(D) hereof that the imposition of the identical discipline by the Court would be unwarranted and the reasons therefor.

(C) In the event the discipline imposed in the other jurisdiction has been stayed there, any reciprocal discipline imposed in this Court shall be deferred until such stay expires.

(D) Upon the expiration of thirty (30) days from service of the notice issued pursuant to the provisions of (c)(2) above, this Court shall impose the identical discipline unless the respondent-attorney demonstrates, or this Court finds, that upon the face of the record upon which the discipline in another jurisdiction is predicated it clearly appears:

(i) that the procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or

(ii) that there was such an infirmity of proof establishing the 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; or

(iii) that the imposition of the same discipline by this Court would result in grave injustice; or

(iv) that the misconduct established is deemed by this Court to warrant substantially different discipline.

Where this Court determines that any of said elements exist, it shall enter such other order as it deems appropriate.

(3) In all other respects, a final adjudication in another court that an attorney has been guilty of misconduct shall establish conclusively the misconduct for purposes of a disciplinary proceeding in this Court.

(4) This Court may at any stage refer the matter to the Standing Committee on Discipline for selection of counsel to prosecute the disciplinary proceedings.

GR 22.2 Suspension or Disbarment on Consent or Resignation in Other Courts.

(a) Any attorney admitted to practice before this Court who shall be suspended or 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 the filing with this Court of a certified or exemplified copy of the judgment or order accepting such suspension or disbarment on consent or resignation, cease to be permitted to practice before this Court and be immediately suspended or stricken from the roll of attorneys admitted to practice before this Court.

(b) Any attorney admitted to practice before this Court shall, upon being suspended or disbarred on consent or resigning 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, promptly inform the clerk of this Court of such suspension or disbarment on consent or resignation.

GR 22.3 Standards for Professional Conduct.

(a) For misconduct defined in these Rules, and for good cause shown, and after notice and opportunity to be heard, any attorney admitted to practice before this Court may be disbarred, suspended from practice before this Court, reprimanded or subjected to such other disciplinary action as the circumstances may warrant.

(b) Acts or omissions by an attorney admitted to practice before this Court, individually or in concert with any other person or persons, which violate the Code of Professional Responsibility or Rules of Professional Conduct adopted by this Court shall constitute misconduct and shall be grounds for discipline, whether or not the act or omission occurred in the course of an attorney-client relationship. Every attorney admitted to practice before this Court shall familiarize himself or herself with and comply with the standards of professional conduct required of members of the Bar of Guam and contained in the American Bar Association Model Rules of Professional Conduct as adopted on August 2, 1983, and as thereafter amended or judicially construed.

GR 22.4 Disciplinary Proceedings.

(a) When misconduct or allegations of misconduct which, if substantiated, would warrant discipline on the part of an attorney admitted to practice before this Court shall come to the attention of the Judge of this Court, whether by complaint or otherwise, and the applicable procedure is not otherwise mandated by the Rules, the Judge shall refer the matter to the Standing Committee on Discipline for investigation and the prosecution of a formal disciplinary proceeding or the formulation of such other recommendation as may be appropriate.

(b) Should the Committee conclude after investigation and review that a formal disciplinary proceeding should not be initiated against the respondent-attorney because sufficient evidence is not present, or because there is pending another proceeding against the respondent-attorney, the disposition of which in the judgment of the Committee should be awaited before further action by this Court is considered or for any other valid reason, the Committee shall file with the Court a recommendation for disposition of the matter, whether by dismissal, admonition, deferral, or otherwise setting forth the reasons therefor.

(c) To initiate formal disciplinary proceedings, the Committee shall submit its findings to this Court and upon a showing of probable cause the Court shall issue an order requiring the respondent-attorney to show cause within thirty (30) days after service of that order upon that attorney, personally or by mail, why the attorney should not be disciplined. The order to show cause shall include the form certification of all courts before which the respondent-attorney is admitted to practice, as specified in Attachment "GR 22.4A".

(d) Upon the respondent-attorney's answer to the order to show cause, if any issue of fact is raised or the respondent-attorney wishes to be heard in mitigation, this Court shall set the matter for prompt hearing before the Judge of this Court, provided however that if the disciplinary proceeding is predicated upon the complaint of the Judge of this Court, the hearing shall be conducted before a District Court Judge designated to hold court in the District Court of Guam or by the Chief Judge of the Court of Appeals for the Ninth Circuit. The respondent-attorney shall execute the certification of all courts before which that respondent-attorney is admitted to practice, in the form specified, and file the certification with his or her answer.

GR 22.5 Disbarment on Consent While Under Disciplinary Investigation or Prosecution.

(a) Any attorney admitted to practice before this Court who is the subject of an investigation into, or a pending proceeding involving, allegations of misconduct, may consent to disbarment, but only by delivering to this Court an affidavit stating that the attorney desires to consent to disbarment and that:

(1) the attorney's consent is freely and voluntarily rendered; the attorney is not being subjected to coercion or duress; and the attorney is fully aware of the implications of so consenting;

(2) the attorney is aware that there is a presently pending investigation or proceeding involving allegations that there exist grounds for the attorney's discipline, the nature of which the attorney shall specifically set forth;

(3) the attorney acknowledges that the material facts so alleged are true; and

(4) the attorney so consents because the attorney knows that if charges were predicated upon the matters under investigation, or if the proceeding were prosecuted, the attorney could not successfully defend himself.

(b) Upon receipt of the required affidavit, this Court shall enter an order disbarring the attorney.

(c) The order disbarring the attorney on consent shall be a matter of public record. However, the affidavit required under 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.

GR 22.6 Reinstatement.

(a) After Disbarment or Suspension. An attorney suspended for three (3) months or less shall be automatically reinstated at the end of the period of suspension upon the filing with the Court of an affidavit of compliance with the provisions of the order. An attorney suspended for more than three (3) months or disbarred may not resume practice until reinstated by order of this Court.

(b) Time of Application Following Disbarment. A person who has been disbarred after hearing or by consent may not apply for reinstatement until the expiration of at least five years from the effective date of the disbarment.

(c) Hearing on Application. Petitions for reinstatement by a disbarred or suspended attorney under this Rule shall be filed with the Judge of this Court. Upon receipt of the petition, the Judge shall promptly refer the petition to the Standing Committee on Discipline and shall assign the matter for prompt hearing before this Court, provided however that if the disciplinary proceeding was predicated upon the complaint of the Judge of this Court, the hearing shall be conducted before a District Court Judge designated to hold court in the District Court of Guam or the Chief Judge of the Court of Appeals for the Ninth Circuit. The judge assigned to the matter shall within thirty (30) days after referral, schedule a hearing at which the petitioner shall have the burden of demonstrating by clear and convincing evidence that he has the moral qualifications, competency and learning in the law required for admission to practice law before this Court and that his resumption of the practice of law will not be detrimental to the integrity and standing of the bar or to the administration of justice, or subversive of the public interest.

(d) Duty of the Standing Committee on Discipline. In all proceedings upon a petition for reinstatement, the petition shall be referred to the Standing Committee for investigation and recommendation. If it is determined by the Committee that the petition should be opposed, the Committee shall select one of its members to serve as counsel who shall be responsible for the cross-examination of the witnesses of the respondent-attorney and the submission of evidence, if any, in opposition to the petition.

(e) Deposit of Costs of Proceeding. Petitions for reinstatement under this Rule shall be accompanied by an advance cost deposit in an amount to be set from time to time by the Court to cover anticipated costs of the reinstatement proceeding.

(f) Conditions of Reinstatement. If the petitioner is found unfit to resume the practice of law, the petition shall be dismissed. If the petitioner is found fit to resume the practice of law, the judgment shall reinstate him, provided that the judgment may make reinstatement conditional upon the payment of all or part of the costs of the proceedings, and upon the making of partial or complete restitution to 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 judge before whom the matter is heard, 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.

(g) 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.

GR 22.7 Attorneys Specially Admitted.

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 of that attorney arising in the course of or in the preparation for such proceeding.

GR 22.8 Service of Papers 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 respondent-attorney at the address shown in the most recent registration statement filed pursuant to General Rule 17.1 hereof. 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 respondent-attorney at the address shown on the most recent registration statement filed pursuant to General Rule 17.1 hereof; or to counsel or the respondent's attorney at the address indicated in the most recent pleading or other document filed by them in the course of any proceeding.

GR 22.9 Appointment of Counsel.

Whenever counsel is to be appointed pursuant to these Rules to investigate allegations of misconduct or prosecute disciplinary proceedings or in conjunction with a reinstatement petition filed by a disciplined attorney, the Court shall notify the Standing Committee on Discipline to appoint as counsel one of its members. If all members of such disciplinary committee decline appointment, or such appointment is clearly inappropriate, this Court shall appoint as counsel one or more members of the Bar of this Court to investigate allegations of misconduct or to prosecute disciplinary proceedings under this Rule, provided, however, that the respondent-attorney may move to disqualify an attorney so appointed upon a showing of good cause. Counsel, once appointed, may not resign unless permission to do so is given by this Court.

GR 22.10 Periodic Assessment of Attorneys; Registration Statements.

An attorney admitted to practice before this Court shall immediately notify the clerk of this Court of all additional courts such attorney is admitted to practice before and the respective dates of admission to those courts.

(See Attachment "GR 17.1A" entitled "Attorney Registration Statement.") (Additional Registration Statements shall be supplied by the clerk upon request.)

GR 22.11 Payment of Fees and Costs.

The Court will make whatever order it deems necessary for the payment of fees and costs incurred in the course of a disciplinary investigation or prosecution.

GR 22.12 Duties of the Clerk.

(a) 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 Clerk of 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.

(b) 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 of the disciplinary judgment 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.

(c) Whenever it appears that any person convicted of any crime or disbarred or suspended or censured, or suspended or disbarred on consent, by this Court is admitted to practice law in any other jurisdiction or before any other court, the clerk of this Court shall, within ten (10) days of that conviction, disbarment, suspension, censure, or suspension or disbarment on consent, transmit to the disciplinary authority in such other jurisdiction, or for such other court, a certificate of the conviction or a certified exemplified copy of the judgment or order of disbarment, suspension, censure, or suspension or disbarment on consent, as well as the last known office and residence addresses of the defendant or respondent.

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

GR 22.13 Jurisdiction.

Nothing contained in this Disciplinary Enforcement Rule shall be construed to deny to this Court such powers as are necessary for the Court to maintain control over proceedings conducted before it, such as proceedings for contempt under Title 18 of the United States Code or under Rule 42 of the Federal Rules of Criminal Procedure.

GR 22.14 Confidentiality.

Any investigation or proceeding in accordance with this Local Rule shall not be public unless otherwise ordered by the Court or unless and until a disbarment, suspension or public reproval has been administered. However, any member against whom such charges are filed shall have a right to a public trial if he or she so requests.

CIVIL RULES ("LR")

LR 1.1 Scope.

The provisions of the Civil Rules shall apply to all civil actions and proceedings, including tax, admiralty and bankruptcy adversary actions, except where they may be inconsistent with rules or provisions of law specifically applicable thereto.

LR 4.1 Summons and Complaint.

The issuance of a summons and the service of a summons and complaint are governed by Rule (4) of the Federal Rules of Civil Procedure.

LR 4.2 Service of Other Process.

Service of process other than a summons (F.R.Civ.P. 4) and subpoena (F.R.Civ.P. 45) (i.e., situations which require enforcement presence) is governed by Rule 4.1 of the Federal Rules of Civil Procedure.

LR 5.1 Service and Filing of Other Documents Subsequent to Complaint.

All documents after the complaint required to be served and filed pursuant to Rule 5 of the Federal Rules of Civil Procedure shall be (1) served on all parties to the action in accordance with F.R.Civ.P. 5; and (2) filed with the Court within a reasonable time after service, together with a certificate of service. (See F.R.Civ.P. 5.)

LR 5.2 Representation of Service.

When a member of the Bar of this Court applies to the clerk for the entry of a default, or of a default judgment, or for the certification of the record on appeal, or applies to the Court for an order or judgment, such application is a representation that due service has been made of all pleadings or papers required by the Federal Rules of Civil Procedure to be made a condition to the relief sought, and for which no acknowledgment or affidavit of service is on file. No other proof of service is required unless an adverse party raises a question of due notice.

LR 6.1 Time Computation.

Federal Rule of Civil Procedure 6(a) controls the manner for computing any period of time prescribed or allowed by these Rules in all civil proceedings.

LR 7.1 Motion Practice.

(a) Applicability. The provisions of this Rule shall apply to motions, applications, petitions, orders to show cause, and all other proceedings except a trial on the merits and applications for a temporary restraining order, unless otherwise ordered by the Court or provided by statute, the Federal Rules of Civil Procedure or the Local Rules.

(b) Service of Motion and Accompanying Papers. Every motion shall be presented in writing. The moving party must present a motion, which if oral argument is requested will contain the date on which the motion will be heard, as provided for in Local Rule 7.1(e)(2). The motion papers shall be served on each of the parties in accordance with Federal Rule of Civil Procedure 5(b) and filed with the clerk not later than twenty-one (21) days prior to the day on which oral argument is scheduled, unless the Court orders a shorter time.

(c) Moving Papers. There shall be served and filed with the motion:

(1) a memorandum in support thereof containing the points and authorities upon which the moving party relies;

(2) the evidence upon which the moving party relies;

(3) any affidavits permitted by the Federal Rules of Civil Procedure; and

(4) the Proposed Order granting the relief requested in the motion.

(d) Opposition and Reply.

(1) Motions Set For Oral Argument:

(A) If a motion is set for oral argument, the opposing party shall, not less than fourteen (14) days preceding the noticed date of oral argument, serve upon all parties and file with the clerk:

(i) a memorandum in support thereof containing the points and authorities upon which the opposing party relies;

(ii) if desired, the evidence upon which the opposing party relies;

(iii) any affidavits permitted by the Federal Rules of Civil Procedure.

(B) The moving party may, not more than seven (7) calendar days preceding the noticed date of oral argument, serve and file a reply to the opposing party's opposition.

(2) Motions Not Set For Oral Argument:

(A) If a motion is not set for oral argument, the opposing party shall have fourteen (14) days from the date of the filing of the Motion to serve and file an Opposition, consisting of:

(i) a memorandum in support thereof containing the points and authorities upon which the opposing party relies;

(ii) if desired, the evidence upon which the opposing party relies;

(iii) any affidavits required by the Federal Rules of Civil Procedure.

(B) The moving party may, not less than seven (7) calendar days after service of the opposition, serve and file a reply to the opposing party's opposition.

(e) Oral Argument.

(1) Oral Argument Not Automatic. Oral argument must be requested by the parties, and may be denied in the discretion of the judge, except where oral argument is required by statute or the Federal Rules of Civil Procedure.

(2) Request For Oral Argument; Agreement of Oral Argument Date. If either party requests oral argument, they must file an "Agreement of Hearing Date," in a form shown below in Attachment "LR 7.1A." It shall be the responsibility of the requesting party to contact the attorney for each party who has entered an appearance, or if the party(ies) are pro se, it is the requesting party's responsibility to contact the pro se party and propose a date for oral argument. Once the parties have agreed on a date for oral argument, the moving party shall clear the date with the clerk. When the date has been cleared with the clerk, that date shall be inserted in the "Agreement of Hearing Date." If the parties do not agree on a date for oral argument, the requesting party may submit the "Agreement of Hearing Date" to the Court with a notation that the non-requesting party does not agree, in which event the Court shall either determine the hearing date or determine that no oral argument shall be scheduled and the motion shall proceed to briefing and disposition under Local Rule 7.1(d)(2), in the Court's discretion.

(3) Court's Cancellation of Oral Argument. In cases where the parties have requested oral argument, such oral argument may be taken off calendar by Order of the Court, in the discretion of the Court, and a decision rendered on the basis of the written materials on file.

(4) Oral Argument Taken Off Calendar by the Court. In cases where the Court cancels oral argument, as referred to in subsection (3) above, the Opposition is due to be served on the opposing party(ies) and filed with the Court fourteen (14) days prior to the originally scheduled date of oral argument, and the reply shall be served and filed seven (7) calendar days prior to the originally scheduled day of oral argument.

(f) Failure to File Required Papers. Papers not timely filed by a party including any memoranda or other papers required to be filed under this Rule will not be considered and such tardiness may be deemed by the Court as consent to the granting or denial of the motion, as the case may be.

(g) Length of Briefs and Memoranda. Each party may submit briefs or memoranda in support of or in opposition to any pending motion which shall not exceed a total of twenty (20) pages in length without leave of Court to file additional pages. The moving party may submit a reply brief or memoranda not in excess of ten (10) pages without leave of court. All briefs and memoranda in excess of fifteen (15) pages shall contain a table of authorities cited.

(h) Advance Notice of Withdrawal or Non-Opposition; Continuances.

(1) Any moving party who does not intend to press the motion or who intends to withdraw before the hearing date, any opposing party who does not intend to oppose the motion, and any party who intends to move for a continuance of the hearing of a motion shall, not later than five (5) working days preceding the oral argument date, notify opposing counsel and the court clerk in writing.

(2) Absent good cause shown, a deadline fixed by these rules and the "Agreement of Hearing Date" will not be extended.

(i) Motion for Reconsideration. A motion for reconsideration of the decision on any motion may be made only on the grounds of

(1) a material difference in fact or law from that presented to the Court before such decision that in the exercise of reasonable diligence could not have been known to the party moving for reconsideration at the time of such decision, or,

(2) the emergence of new material facts or a change of law occurring after the time of such decision, or,

(3) a manifest showing of a failure to consider material facts presented to the Court before such decision.

No motion for reconsideration shall in any manner repeat any oral or written argument made in support of or in opposition to the original motion.

(j) Ex Parte Applications. Applications for ex parte orders shall be accompanied by a memorandum containing the name of counsel for the opposing party, if known, the reasons for the seeking of an ex parte order, and points and authorities in support thereof. There shall also be attached, within a separate cover, the proposed ex parte order. The proposed order shall bear the signature of the attorney presenting it preceded by the words, "presented by" on the left side of the last page.

(1) Notice of Application. It shall be the duty of the attorney so applying to

(A) make a good faith effort to advise counsel for all other parties, if known, of the date, time and substance of the proposed ex parte application, and

(B) advise the court in writing of efforts to contact other counsel and whether any other counsel, after such advice, opposes the application or has requested to be present when the application is presented to the court.

(2) Waiver of Notice. If the judge to whom the application is made finds that the interests of justice require that the ex parte application be heard without notice, the judge may waive the notice requirement of subpart (1) of this section.

(k) Orders Shortening Time. Applications for orders shortening the time permitted or required by these Local Rules or the Federal Rules of Civil Procedure for the filing of any paper or pleading or the doing of any act shall be supported by a certificate stating the reasons therefor. When the application is made ex parte, the certificate shall state the reasons why a stipulation could not be obtained or notice could not be given.

(l) Sanctions. The Court need not consider motions, oppositions to motions or briefs or memoranda that do not comply with this Rule. The presentation to the Court of frivolous motions or oppositions to motions or the failure to comply fully with this Rule subjects the offender at the discretion of the Court to the sanctions of General Rule 2.1.

LR 9.1 Three-Judge Court.

If a party contends that a hearing before a three-judge court is required pursuant to 28 U.S.C. §2284, the party shall type the words "Three-Judge Court" below the docket number on the first page of the pleading making the allegation. The clerk shall then notify the judge of the filing. In addition to the original filed, three copies of all papers, including briefs, shall be filed with the clerk.

LR 10.1 Jurisdiction.

(a) Each complaint, petition, counter-claim and cross-claim shall state in a separate paragraph entitled "jurisdiction" the statutory or other basis for jurisdiction and the facts supporting jurisdiction.

(b) If a party alleges diversity jurisdiction under 28 U.S.C. § 1332; the party shall indicate: (1) the amount in controversy; and (2) the citizenship of all parties for purposes of §1332; and (3) if a party is a corporation, the corporation's citizenship and principal place of business for purposes of §1332(c).

LR 10.2 Format and Filing.

See General Rule 5.1.

LR 15.1 Amended Pleadings.

Any party filing or moving to file an amended pleading shall reproduce the entire pleading as amended and may not incorporate any part of a prior pleading by reference except with leave of court.

LR 16.1 Scheduling Order and Discovery Plan.

(a) Applicability. Unless otherwise ordered, this Rule is applicable to all civil cases and bankruptcy adversary cases pending in this district, except for the cases exempted by Local Rule 16.1(b). Counsel are expected to meet and confer as required by Rule 26(f) of the Federal Rules of Civil Procedure and Local Rule 16.2, prior to commencing discovery, unless the Court orders otherwise. Counsel are expected to complete pretrial discovery in the shortest time reasonably possible with the least expense.

(b) Exempt Actions. The following actions are exempt from compliance with these procedures unless otherwise directed by the Court:

(1) Any action filed by or on behalf of a convicted prisoner, a pretrial detainee, or any other person confined in a territorial or federal institution challenging the validity or the conditions of confinement.

(2) Any action challenging the validity of a criminal conviction or sentence.

(c) Meeting of Parties, Scheduling Order, Discovery Plan, Status Report and Scheduling Conference.

(1) Meeting of Parties. All parties are directed to confer in accordance with Local Rule 16.2 and Rule 26(f) of the Federal Rules of Civil Procedure and provide the Court with a Scheduling Order and separate Discovery Plan within seventy-five (75) days of the date of the filing of the complaint. The Scheduling Order shall be in substantially the same form as Attachment "LR 16.1A" and the Discovery Plan shall be drafted in accordance with subsection (d) hereof.

(2) Initial Communication of Parties. It is the responsibility of plaintiff's counsel to initiate the communication necessary to prepare the Scheduling Order. In the event that the plaintiff is proceeding pro se, the defendant shall contact the plaintiff and arrange a meeting to comply with this Rule in the appropriate time frame.

(3) Time Limits - Scheduling Notice, Order and Conference and Discovery Plan. The clerk of Court will schedule a Scheduling Conference to be held within ninety (90) days after the complaint is filed. The clerk shall mail, no later than forty (40) days after the complaint has been filed, a Scheduling Notice in the form set forth in Attachment "LR 16.1B" setting forth

(A) the date on which the Scheduling Order and Discovery Plan shall be filed by the parties, and

(B) the date for the Scheduling Conference.

It is the responsibility of plaintiff's counsel or the pro se plaintiff to serve a copy of the clerk's Scheduling Notice on all parties who may appear after the clerk's issuance of the Notice of Scheduling Conference.

(4) Contents of Scheduling Order.

The Scheduling Order to be submitted by the parties shall contain the following information:

(A) The nature of the case;

(B) The posture of the case including hearings, motions and discovery;

(C) (If the parties agree to the contents of the Discovery Plan as referred to in Local Rule 16.2 infra): the adoption and incorporation of the attached Discovery Plan as part of the Scheduling Order, OR

(D) (If the parties do not agree to the contents of the Discovery Plan referred to in Local Rule 16.2 infra):

(i) any modifications of the time for disclosures under Rules 26(a) and 26(e)(1) of the Federal Rules of Civil Procedure;

(ii) a description and schedule of all pretrial discovery each party intends to initiate prior to the close of discovery;

(E) The following dates:

(i) a proposed date limiting the joinder of parties and claims;

(ii) a proposed date limiting the filing of motions to amend the pleadings;

(iii) the assigned date for the required Scheduling Conference with the District Judge;

(iv) discovery cut-off dates (defined as the last day to file responses to discovery);

(v) discovery and dispositive motion cut-off dates (the last day to file motions);

(vi) pretrial conference dates;

(vii) dates for filing the trial brief, exhibit lists, witness lists, and the joint pretrial order as required by Local Rule 16.7, and

(viii) the trial date, and in no event shall the trial date be later than eighteen (18) months after the complaint is filed, unless the Court otherwise allows;

(F) The prospects for settlement;

(G) Whether the trial is jury or non-jury;

(H) The number of trial days required;

(I) The names of trial counsel;

(J) Whether the parties desire to submit the case early in the litigation to a settlement conference;

(K) Suggestions for shortening trial; and

(L) Any other issues affecting the status or management of the case.

(d) Contents of Discovery Plan. The Proposed Discovery Plan shall contain a description, including a schedule, of all pretrial discovery each party intends to initiate prior to the close of discovery, including time and length of discoverable events. The plan shall conform to the obligation to limit discovery under Rule 26(b) of the Federal Rules of Civil Procedure and shall address all matters set forth in Rule 26(f) of the Federal Rules of Civil Procedure.

(e) Non-Appearance of Defendants - Status Report. If on the due date of the Scheduling Order and Discovery Plan, the defendant(s) or respondent(s) have been served and no answer or appearance has been filed, or if service on the defendants has not been effected, counsel for the plaintiff or the pro se plaintiff shall file an independent status report setting forth the above information required in subsections A through L to the extent possible. The report shall also include the current status of the non-appearing parties.

In addition, if service has not been effected, plaintiff's counsel or the pro se plaintiff must set forth the reasons why service has not been effected and what attempts at service have been made.

LR 16.2 Meeting of Counsel and Preparation of Proposed Scheduling Order and Discovery Plan.

(a) Meeting of Counsel or Pro Se Litigants. Within fifteen (15) days after the receipt of the clerk's Scheduling Notice, but no later than sixty (60) days after the filing of the complaint, counsel of record and all pro se litigants shall meet in person for the purposes set forth below:

(1) Documents - To exchange all documents then reasonably available to a party which are contemplated to be used in support of the allegations of the pleading filed by the party. Documents later shown to be reasonably available to a party and not exchanged may be subject to exclusion at the time of trial.

(2) Discovery - To exchange preliminary schedules of discovery; to arrange for the disclosures required by Local Rule 26.2 and Rule 26(a) of the Federal Rules of Civil Procedure; and to discuss all items set forth in Rule 26(f) of the Federal Rules of Civil Procedure.

(3) Other Evidence - To exchange any other evidence then reasonably available to a party to obviate the filing of unnecessary discovery motions.

(4) List of Witnesses - To exchange a list of witnesses then known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. The parties will then be under a continuing obligation to advise the opposing party of other witnesses as they may become known.

(5) Settlement - To discuss settlement of the action.

(6) Complicated Cases - To discuss whether the action is sufficiently complicated so that all or part of the procedures of the Manual for Complex Litigation should be utilized. Counsel may propose to the Court modifications of the procedures in the Manual to facilitate the management of a particular action.

(7) Proposed Scheduling Order - To discuss the contents and preparation of the Proposed Scheduling Order.

(8) Proposed Discovery Plan - To discuss the contents and preparation of the Proposed Discovery Plan.

(b) Preparation of the Proposed Scheduling Order. After the meeting of counsel referred to in Local Rule 16.2(a) above, plaintiff's counsel, or if plaintiff is pro se, the plaintiff, shall prepare a draft of the proposed Scheduling Order required by this Rule. Plaintiff's draft shall be presented to all parties for amendments and modifications. If all parties do not agree on a proposed Scheduling Order, the parties shall sign and file, on the date that the Scheduling Order is due, a mutual statement re: Disagreement of Scheduling Order, stating that the parties have been unable to agree despite good faith efforts to do so. To this statement shall be attached each party's Proposed Scheduling Order. If a party disagrees but does not attach a Proposed Scheduling Order, that party will be considered to have not taken a position with respect to the dates and matters contained therein.

(c) Preparation of the Proposed Discovery Plan. After the meeting of counsel referred to in Local Rule 16.2(a) above, the attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible for submitting to the Court a Proposed Discovery Plan required by this Rule. Areas of disagreement with respect to discovery shall be included and denoted as such in the Discovery Plan.

(d) Scheduling Conference and Order. All matters required to be taken care of by the Scheduling Order and Discovery Plan will be addressed at the Scheduling Conference, after which the final Scheduling Order will be entered.

LR 16.3 Failure to Cooperate - Sanctions.

The failure of a party or a party's counsel to participate in good faith in the framing of the proposed Scheduling Order and Discovery Plan required by this Rule, and Rules 16(b) and 26(f) of the Federal Rules of Civil Procedure may result in the imposition of appropriate sanctions. See General Rule 2.1 and Rules 16(f) and 37(g), Federal Rules of Civil Procedure.

LR 16.4 Filing of Motions Does Not Excuse Counsel from the Requirements of this Rule.

Absent an order of the court to the contrary, the filing of a motion, including a discovery motion, a motion for summary judgment, or a motion to dismiss, will not excuse the parties from complying with this Rule and any Scheduling Order entered in the case.

LR 16.5 Extension of Deadlines Fixed in Scheduling Order.

A deadline established by a Scheduling Order will be extended only upon a good cause finding by the Court. In the absence of disabling circumstances, the deadline for completion of all discovery will not be extended unless there has been active discovery. Delayed discovery will not justify an extension of discovery deadlines. A motion to extend the deadline in a Scheduling Order must demonstrate a specific need for the requested extension, and should be accompanied by a detailed proposed amendment to the previously entered Scheduling Order. The date for completion of discovery will be extended only if the remaining discovery is specifically described and scheduled, e.g., the names of each remaining deponent and the date, time and place of each remaining deposition. The Court, in its discretion, may order that the client consent in writing to any continuance proposed by counsel.

LR 16.6 Settlement Conference.

(a) At any time after an action or proceeding has been filed, any party may file a request for a settlement conference. Such conference may be held before a neutral judge, or before the assigned judge. If the conference is held before the judge trying the case, a written stipulation of all counsel shall be necessary prior to the settlement conference. Each party attending such a conference shall be represented by counsel authorized to participate in settlement negotiations. The Court may require, by Order issued prior to the settlement conference, the client or its authorized representative to personally attend the conference.

(b) Each party appearing at all conferences shall have full authority with respect to all matters on the agenda, including settlement of the action or proceeding.

LR 16.7 Preliminary and Final Pretrial Conference, Trial Brief, Witness & Exhibit Lists, Discovery Material Designations, and Pretrial Order.

(a) Applicability. This Local Rule is applicable to all civil cases and bankruptcy adversary cases pending in this district, unless expressly waived in whole or in part by order of the Court pursuant to Local Rule 16.8.

(b) Trial Brief - Thirty (30) Days prior to Trial.

(1) Each party shall serve and file a Trial Brief thirty (30) days prior to the trial date, containing a summary of the party's basic factual contentions supported by legal authority in the form of a Legal Brief. The memorandum shall include the following:

(A) Factual Contentions - The memorandum shall contain a brief but full exposition of the party's theory of the case and a statement in narrative form of what the party expects to prove.

(B) Legal Brief.

(i) Issue of Law - The Memorandum shall include a legal brief discussing the issues of law necessary to the determination of the case with authorities cited in support thereof.

(ii) Evidentiary Problems - The legal brief shall identify and state the party's position on any anticipated evidentiary problems.

(C) Attorney's Fees - If either party claims that attorney's fees are recoverable by the prevailing party, the Memorandum shall discuss the factual and legal basis of such claim.

(D) Abandonment of Issues - The Memorandum shall state any issues in the pleadings which have been abandoned.

(E) Length of Trial Brief - No Trial Brief submitted under these Rules shall exceed twenty (20) pages in length.

(c) Preliminary Pretrial Conference - Twenty-one (21) Days Prior to Trial.

(1) A preliminary pretrial conference shall be held on the date and at the time set by a scheduling order under Local Rule 16.1. Such date and time shall be not later than twenty-one (21) days prior to the date of the trial, unless otherwise ordered by the Court.

The agenda for the pretrial conference shall consist of the matters covered by Rule 16, Federal Rules of Civil Procedure, and the matters set forth below. Each party shall be represented at the pretrial conference by counsel having authority with respect to all matters on the agenda, including settlement of the action or proceeding. The Court may require, by Order issued prior to the pretrial conference, the client or its authorized representative to personally attend the conference.

(2) At the preliminary pretrial conference, the parties shall discuss the following with the Court, which will be included in the Pretrial Order:

(A) Party. The names of the party or parties in whose behalf the statement is filed.

(B) Jurisdiction and Venue. The claimed statutory basis of federal jurisdiction and venue, or, if not a federal case, cite local statutory provisions vesting jurisdiction in the District Court, and a statement as to whether any party disputes jurisdiction or venue.

(C) Substance of Action. The substance of the claims and defenses presented.

(D) Undisputed Facts. All material facts not reasonably disputable. Counsel are expected to make a good faith effort to stipulate to all facts not reasonably disputable for incorporation into the trial record without the necessity of supporting testimony or exhibits.

(E) Disputed Factual Issues. All disputed factual issues.

(F) Relief Prayed. The relief claimed, including a particularized itemization of all elements of damages claimed.

(G) Points of Law. Each disputed point of law with respect to liability and relief, with reference to statutes and decisions relied upon. Extended legal argument is not to be included in the pretrial statement.

(H) Previous Motions. All previous motions made in the action or proceeding and the disposition thereof.

(I) Further Discovery of Motions. All remaining discovery or motions.

(J) Stipulations. All stipulations requested or proposed for pretrial or trial purposes.

(K) Amendments, Dismissals. Requested or proposed amendments to pleadings or dismissals of parties, claims or defenses.

(L) Settlement Discussion. A summary of the status of settlement negotiations and indicating whether further negotiations are likely to be productive.

(M) Agreed Statement. Whether presentation of the action or proceeding, in whole or in part, upon an agreed statement of facts is feasible and desired.

(N) Bifurcation, Separate Trial of Issues. A statement whether bifurcation or a separate trial of specific issues is feasible and desired.

(O) Depositions. Marking of depositions for use at trial pursuant to Local Rule 32.1; and

(P) Reference to Master. Whether reference of all or a part of the proceeding to a master is feasible and agreeable.

(Q) Appointment and Limitation of Experts. Whether it is feasible and desirable for the judge to appoint an impartial expert witness or to limit the number of expert witnesses.

(R) Trial. The scheduled or requested trial date and, if trial is to be a jury, that a timely request for a jury is on file in the proceeding.

(S) Estimate of Trial Time. The number of court days anticipated for the presentation of each party's case. Counsel are expected to make a good faith effort to reduce the time required for trial by all means reasonably feasible, including, but not limited to, stipulations, agreed statements of facts, expedited means of presenting testimony and exhibits, and the avoidance of cumulative proof.

(T) Claims of Privilege or Work Product. Whether any of the matters otherwise required to be stated by this Rule are claimed to be covered by the work product or other privilege. Upon such indication, such matters may be omitted subject to further order at the pretrial conference.

(U) Miscellaneous. Any other subjects relevant to the trial of the action or proceeding, or material to its just, efficient and economical determination.

(d) Witness Lists, Discovery Material Designations, and Exhibit Lists -- Fourteen (14) Days Prior to Trial.

(1) Witness List. Fourteen (14) days prior to trial, each party shall serve and file under separate cover, a list of witnesses to be called at trial other than those contemplated to be used for impeachment or rebuttal. The Witness List shall also contain the address and telephone number of each witness. The Witness List shall also contain a statement that the witness lists were exchanged pursuant to Federal Rule of Civil Procedure 26(a)(3)(A). Witness names which were not exchanged thirty (30) days prior to trial pursuant to Federal Rule of Civil Procedure 26(a)(3) may not be contained on the Witness List absent leave of court, which shall be sought by motion. The obligation of listing such witnesses is a continuing one, and except for good cause shown the testimony of any such witness proffered at trial who is not listed upon a party's witness list shall be precluded.

(2) Discovery Material Designations. Fourteen (14) days prior to trial, each party shall serve and file under separate cover, a designation of (A) those witnesses whose testimony is expected to be presented by means of a deposition, and if not taken stenographically, a transcript of the pertinent portions of the deposition testimony; (B) statements designating excerpts from interrogatory answers to be offered at trial other than for impeachment or rebuttal; (C) statements designating excerpts from responses to requests for admission to be offered at trial other than for impeachment or rebuttal. The Discovery Material Designation shall also contain a statement that the deposition designations were exchanged pursuant to Federal Rule of Civil Procedure 26(a)(3)(B). Deposition designations which were not exchanged thirty (30) days prior to trial pursuant to Federal Rule of Civil Procedure 26(a)(3) may not be contained on the Deposition Designation absent leave of court, which shall be sought by motion.

(3) Exhibit List. Fourteen (14) days prior to trial, each party shall serve and file an Exhibit List under separate cover setting forth a list of exhibits each party expects to offer at trial other than those to be used for impeachment or rebuttal, with a description of each exhibit sufficient for identification. Exhibits which were not exchanged thirty (30) days prior to trial pursuant to Federal Rule of Civil Procedure 26(a)(3) may not be contained on the Exhibit List absent leave of court, which shall be sought by motion. The Plaintiff's exhibits shall be listed in numerical order and the Defendant's exhibits shall be listed in alphabetical order.

The exhibit list shall be substantially in the form indicated by the following example:

Case Title: ___________________ Case No. _________________

Plaintiff's Exhibits

No. of Date Date

Exhibit Description Identified Admitted

1 1/30/80 letter from

Doe to Roe

2 $500 check dated

2/3/82 drawn on

Roe payable to Doe

3 Handwritten notes of

Doe dated 1/16/80