1994 

CJRA Report 

UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF NORTH CAROLINA 

June 9, 1995 
1994 

MIDDLE DISTRICT OF NORTH CAROLINA 

DIVISIONAL ALIGNMENT 

r?OOkingham 

C>.J..u ............ ,-'- Assessment the the 

Dockets the United States 

Court for the of 

North as the 

Just Act of 1990 

June 9, 1995 
CIVIL JUSTICE REFORM ACT ADVISORY GROUP, 1990-94 

S. Fraley Bost 

Walter F. Brinkley 

B. Ervin Brown 

Ronald H. Davis 

Mickey W. Dry 

William K. Davis, Chairman 

Members 

James B. Maxwell 

Grover C. McCain, Jr. 

C. Edward Pleasants, Jr. 

Norman B. Smith 

Carmon J. Stuart 

Daniel W. Fouts, Vice-Chairman 

Walter T. Johnson 

David K. Tate 

Daniel R. Taylor 

Kathy E. Manning Benjamin H. White, Jr. 

Ex-Officio Members 

Honorable N. Carlton Tilley, Jr. Honorable P. Trevor Sharp 

Honorable William L. Osteen, Sr. Honorable Jerry G. Tart 

Joseph P. Creekmore, Clerk of Court 

George K. Walker, Reporter 

CIVIL JUSTICE REFORM ACT ADVISORY GROUP, 1995-99 

Guy F. Driver 

Robert M. Elliott 

Susan Gottsegen 

Bynum M. Hunter 

Members 

Romallus O. Murphy 

John A. Northen 

Charles Robert Rhodes 

Richard Tyndall 

James T. Williams 

Ex-Officio Members 

Honorable Frank W. Bullock, Jr. Honorable P. Trevor Sharp 

Chief Judge Magistrate Judge 

William K. Davis Daniel W. Fouts 

Joseph P. Creekmore, Clerk of Court 

George K. Walker, Reporter 

ii 
EXECUTIVE SUMMARY 

to 28 U.S.C. § 475, this 

f u.s. Court e 

Dist North ina has taken f steps toward 

providing costly more t f 

I case management techniques. The principal reasons for this 

are Court's 

1993 amendments to the local rules of court. 

among others, could result in reduct of cost and delay 

c lit ion: 

o Authorization for a third magistrate judge position, 

two law clerks each magistrate judge, and, 

ternative , a staff law clerk position for the 

caseSi 

o Adoption of additional alternative dispute 

techniques after State and other 

courts in util 

o authori through slation or execut 

regulation for payment of mediators in cases where 

United States, the most frequent litigant in 

courts, is a Currently cases 

are Court's successful I case 

mediation program. 

general goal, restated in Civil Rule 1, remains 

achieving justice through speedy, inexpensive management the 

1 criminal dockets. of the 

Uni States, tee on Long 

Range Plan for the Federal Courts 6 (Mar. 1995) (Proposed Long 

i 
TABLE OF CONTENTS 

I. Introduction . . 

II. The Condition of the Civil and Criminal Dockets 

A. Condition of the Civil Docket . . 

B. Condition of the Criminal Docket 

C. Trial of Criminal and Civil Cases 

III. 1995 Amendments to the Local Rules of Court 

IV. Future Trends 

V. Conclusions: Assessing the State of the Civil 

and Criminal Dockets . . . . .. ... 

APPENDICES 

A. 

B. 

C. 

D. 

Membership of the Advisory Group 

Standing Order No. 30 filed Jan. 8, 1993 

Amendments to the Rules of Practice and Procedure 

of the United States District Court for the 

Middle District of North Carolina, Adopted 

May II, 1995, to be effective July I, 1995 

CJRA Annual Report and Statistics 

(Jan. II, 1995) 

iv 

1 

3 

3 

6 

9 

13 

16 

20 

21 

25 

26 

27 
I. 

This 

Middle District of North Carolina 

pursuant to 28 U.S.C. § 475 

1990 (CJRA or the Act) . 

is submitted 

1 Just Act 

District Court for the Middle District of North Carolina 

December 1, 1993. By 

The 

Amended f 18, 1993, 

fective December 1, 1993, the Court promulgated, pursuant to 

. R. . P. 83, 1 es of 

court. amendments implemented al changes in civil 

case s consonant with recommended 

but much more 

continued to operate under Standing Order No. 30, 

f 8, 1993 3D}, B, whi 

12th and 13th c case, excluding Bankruptcy Court appeals 

s 28 U.S.C. § 2255, are 

Court's two strate j 

unless a party affirmatively ects magistrate judge trial 

j ct James A. 

case 

assigned to a 30.) 

This Assessment s the local 

rules, and procedures adopted by the Court, on the 

ion the Court's 1 and in Part II. 

Part III s to 1 

were commented upon favorably by the Local Rules Advisory 

on January 31, 1995, Appendix C. Part IV ects 

Part V by state of the 

civil and criminal dockets in the 1 of the the 

1 the es 

1 
amendments, and other factors bearing on the Court's goals of 

reducing cost and delay in civil litigation and improving 

litigation management practices as mandated by the Act, 28 U.S.C. 

§ 475. 

2 
II. of I Criminal Dockets 

Two sets of statistics, one showing decreased ings 

c act 

indicate court s civil and criminal 

dockets than before adoption of the measures outlined in the 

court's Of ce 

States Courts, Guidance to Advisory Groups Appointed Under the 

through the 

1993 through 

{Jan. 11, 

civil case f 

{SY 1994, 1, 

The Court's CJRA Annual Report and 

1, 1992, about when the CJRA Report was fi 

D, covers 

data between December 

, and November 30, 

1994, 

as 

new 

Order 30, had 

and the 

1993 - June 30, 1994 

a year. 

use dif 

and December 1, 1993 - November 30, 1994 for the Court 

nevertheless, these studies taken together indicate that 

Court's civil 

just over two 

s are 

all 

of case fil declined from SY 1993 to SY 1994. Total civil 

cases fi rose from 727 in SY 1992 to 802 in SY 1993, then 

declined 

with the 

f 

SY 1994 to 733. The latter data corresponds osely 

~~~~~~_, which states that 780 cases were fil 

30, 1993, while 746 were 

1, 1993 30, 1994. SY94 

Statist Supplement data, p. 12, also roughly 

Administrative Office of the United States Courts, Federal 

(Oct. 1994) I 

1 Unless otherwise noted, all statistics in the remainder 

of this Assessment were derived from SY94 Stat 

3 
Judicial Caseload) which shows a comparable dip in national civil 

case filings for calendar year (CY) 1990, followed by a slowing 

rise through CY 1993. From these three sources it can be assumed 

that the Middle District has followed and may continue to follow, 

albeit roughly and with smaller numbers, the national trend in 

total civil case filings. 

-:;: 

.. 

u 

... 

o 

.&J " E 

z " 

1600 -;-

600 

Chart 1: Filings By Broad Category, SY85 -94 

Middle District or North Carolina 

400 -~ _____ /-

200 -

o 

85 86 87 88 

.... . 

89 90 91 

Statistical Year 

92 

Table 1: Filings by Case Type, SY85-94 

Middle District of North Carolina Year 

1985 1986 1987 1988 1989 1990 

Asbestos 0 6 15 II 14 20 

Bankruptcy Matters 23 19 16 30 21 12 

Banks and Banking 3 I 0 I I 0 

Civil Rights 79 69 66 75 83 56 

Commerce: ICC Rates, etc. 4 I 4 128 IS I 

Conlrllct 106 132 120 175 lSI 116 

Copyright, Patent, Trademark 25 31 37 29 7 26 

ERISA 3 2 6 10 10 IS 

Forfeiture and Penalty (excL drug) 19 20 18 36 32 8 

Fraud, Truth in Lending 5 7 4 8 I 

Labor IS 16 16 18 II 13 

Land Condemnation, Foreclosure I 0 0 2 

Personal Injury 43 37 35 31 44 34 

Prisoner 238 261 243 259 313 178 

RICO 0 0 I 3 2 

Securities, Commodities 7 2 12 6 4 6 

Social Security 56 18 45 51 22 20 

Student Loan and Veteran's 817 466 168 252 221 III 

Tax \3 6 4 5 5 7 

All Other SO 51 58 47 49 82 

All Civil Cases 1507 1146 865 1170 1014 710 

4 

r

· ~ .. ::~ 

---Total 

---- - . 

93 94 

1991 1992 1993 1994 

IS 18 9 7 

18 23 30 24 

3 2 2 0 

64 83 115 105 

4 6 7 2 

80 77 90 77 

19 29 37 32 

13 25 23 19 

4 12 5 5 

5 3 5 2 

13 13 17 II 

0 0 I 

42 54 46 62 

163 89 119 ISS 

I 2 

II 16 8 3 

6 64 116 95 

64 101 24 10 

11 5 7 14 

III 106 141 107 

648 727 802 733 
Both 

show that 

SY 1992, 

could 

fil to 

judgment) 

fil to 

14 months; 

that a case 

ion, SL..,g • by 

was just over 12 

disposition. In SY 

s was 

a 

would 

1993, 

a 

cases have In 

I case . , how long it 

"live" on the from 

on the merits or 

national from 

the expectancy had jumped to 

SY 

1986, when Ii expectancy was only 6 During SY 1994, 

,c I case I expectancy went down to 12 months. 

dispos ion of 

ern 

cases. In the 

cases, a steep 

months) , to 14 

these cases 

1992, 

-

(IAL) , which Court's 

cases with all di courts I follows 

for SY 1994, when IAL shows a slow 

ion more complex, nonrout 

decline in fe expectancy began SY 

in SY 1993, and 13 in SY 

rose SY 1993 to months, from 11 

at 13 months SY 1994. 

13 

CIw'l 2: LIf. ~y ud lacIrxed A •• r. LlfI!lpU. 

M __ 

All Civil C_ 

Gf_~ 

~ 

u ------------______ ~~~----~ 

.-------~-~--------

~ M ~ • • • ~ n n H 

-y .... 

Cllart 3: Uf. ~ III.Dd hada.ed A •• ,.I..Ifespu, Type II 

CITlJ c- SYIS-94 

Il ~~----------~~----~--------

, 

5 

--Uk~y 

IAL 

--IAL_ 

--UI.~ 

.... ··IAL 

--IAL~ 

the same 

all 

Type II 

1992 (16 

1994. IAL 

months 
Court Report statistics support the foregoing. Between 

December 1, 1992 and November 30, 1993, when the CJRA Plan and 

the new rules and procedures went into effect, 780 civil cases 

were filed and 736 were closed, a net gain on the docket of 44. 

During the next year under the Plan and new rules, 746 cases were 

filed and 786 were closed, a net loss of 40. 

Whether this leveling trend will continue is not certain. 

National projections for the district courts' civil caseload 

show the possibility of a dramatic rise in diversity, federal 

question and u.s. as defendant cases. The same is predicted for 

state and federal prisoner cases. Only where the United States 

is plaintiff is the trend line projected to go only slightly 

upward. The overall trend for total adjusted civil cases is 

projected to go sharply upward after 1995. Judicial Conference 

of the United States, Committee on Long Range Planning, Proposed 

Long Range Plan for the Federal Courts 137-42 (Mar. 1995) 

(Proposed Long Range Plan). The trend line from SY 1985 to SY 

1990-91 in Chart 1 is overall descending, with two short drops, 

combined with a leveling in the national graph, id. at 122, but 

both graphs show a dip thereafter. There would therefore appear 

to be a very rough similarity between the experience of the 

Middle District and the national statistics in the immediate 

past. If the Proposed Long Range Plan projections are a 

reasonably accurate prediction for the future for the Middle 

District, the current statistics for this Court may indicate a 

lull before a storm of incoming civil cases. 

B. Condition of the Criminal Docket 

One factor for the upsurge in disposition times for civil 

cases in SY 1993, besides the increased civil filings, 

undoubtedly was increased criminal defendant filings in SY 1992 

and SY 1993. Criminal cases are governed by the Speedy Trial 

Act, 18 U.S.C. §§ 3152-56, 3161-74, which mandates that criminal 

proceedings occur within specific time limits and therefore often 

ahead of civil proceedings. In SY 1992 there were nearly 500 

criminal defendant filings; there were about 475 in SY 1993. By 

6 

Except one aspect, 4 does not 

t fil 

ated or criminal cases. Both 

~~~~~~~~~, p. 120, 

filings for SY 1990. Whi 

Middle Dis ct within 

fil 

two years, 

low national 

, nonthe 

non-drug 

declined 

national t 

been upward, steeply for drug cases. Future nat 

ect fil 

predict 

filings may 

other hand, 

. 140, 142. As in 

the 

are reasonably 

se, perhaps precipitously, 

number of 

related or not - has been 

cases fi 

atively stable 

CY 1992. ~~~~~~~~==-=~~~==' p. 6. 

criminal cases - as opposed to filings 

fendants in 

the 

criminal 

future. On 

- whether 

for an 

As id. , p. 7 

become more complex and required more time to dispos 

's 

from 4.6 CY 1990 to 5.5 months CY 1993. Moreover, 

drug case fil - which 

iple 

~==~~~========' p. 7. 

en involve 

going 

8 

trials 
same 

of 

followed by a 

130 or 

line in SY 

criminal 

filings 

90 percent 

1993 to just 

t 

in Part II.B: a 

s in SY 1992, 

100 als (about 

85 percent all s), and to 90 s (75 percent of 1 

s) in SY 1994 

Chart 5: Number of Criminal Trials and Criminal Trials as a Percentage of 

Total Trials, SV89-94 

Middle District of North Carolina 

100 - P 90 

e 80 -

r 70 - c: 60 e 50 - n i 

40 

II 31.1 

g 21.1 ~ 

e 10 

0 

89 

, .. Criminal Trials as ... of Total TriU --Criminal TriU , 

9 

121.1 

100 T 

80 r 

60 II 

21.1 

o 
At the same time the percentage and number of civil tria ls 

increased, albeit for reasons additional to the decline in 

criminal trials. 

In SY 1992 there were 15 civil trials, about 10 percent of 

all trials. The number jumped to 35 civil trials in SY 1993 

(about 25 percent of the total), and the numbers were slightly 

higher for SY 1994 . 

100 -

P \lOr 80 -

r 70-

c 60 - e SO D 

40 -

30 -- a 

g 20 

r 10 -

0 

Chart 6: Number of Civil Trials and Civi I Trials as a 

Percentage of Total Trials, SY89-94 

Middle District of North Carolina 

89 90 91 93 

_ Civil Trials as % of Total Trials --Civil Trials 

- 45 

- 40 

! 

- 35 

I 30 

1- 25 T 

120 r 

I . ___ 15 I 

/ 10 ; 

, 5 

0 

94 

Court Report statistics are comparable. Between December 1, 

1992 and November 30, 1993, 55 civil cases were scheduled for 

trial, with 15 trials and 36 settlements. Between December 1, 

1993 and November 30, 1994, under the new procedures and rules 

establishing a master calendar as well as disposing of the last 

of the cases under the old rule, there were 103 cases scheduled 

for trial with 20 trials and 59 settlements. Of the old cases 

remaining under the former procedure, of 26 cases set for trial, 

11 were settled and 11 were tried. Under t he n e w master calendar 

procedure, 77 cases 

settled. 

--

Undoubtedly the new 

9 were tried and 48 were 

of sett ing a firm-trial date 

as provided in Local Rule 207(a) is having an impact on 

10 
s ttlement rates, more than t ormer method of retrying a 

case, under which ase would be put "on the shelf" for eventual c.....---

trial after the final pretrial conference was held. 

Under present cases are set for one time on 

a master calendar, called by two district judges an one 

- magistrate judge, with the expectation that most will settle 

close to the trial date, and the remaining cases will be tried. 

Under the former method a settlement just before trial might 

eottrt t ime. See CJRA Report, pp. 44-45. Under 

the new procedure employing a master calendar, the number of 

continued cases, i.e. those cases set for trial but postponed 

for various reasons, remained about the same as under the old 

"shelf" plan. In SY 1992-93, 2 of 55 cases scheduled for trial 

were continued under the old plan, and 3 of 26 cases scheduled 

for trial in SY 1993-94 under the old plan were continued. Under 

the master calendar plan for SY 1993-94, 77 cases were scheduled 

for trial and 5 were continued. Of the 5 continued cases, one 

was settled except for one defendant in bankruptcy, and another 

was awaiting disposition of an issue on appeal. Thus the number 

of cases experiencing a further wait for trial remains about the 

same under the new procedure. However, the percentage of 

continued cases has gone down or has remained about the same, if 

the ratio of continuances to cases set for trial is considered: 

2 of 55 or 3.6 percent of SY 1992-93 cases under the old 

procedure; 3 of 26 or 11.5 percent of SY 1993-94 cases under the 

old procedure; 3 of 77 or 3.9 percent of SY 1993-94 cases under 

the new master calendar procedure. (Even if the 2 cases 

continued for other reasons--bankruptcy or awaiting appellate 

decision--are included for a ratio of 5 of 77, the result is 6.5 

percent, about half of the percentage for remaining old procedure 

cases in the same statistical year.) 

Thus under the new procedure settlements are up in number, 

the absolute number of trials has increased hile - :::: :: ...:...:::....: .:: :.::~!oiI..a._~:..... . mber . The high number of 

t under the old procedure in SY 1993-94 (11) relative to the 

number of trials under the new procedure (9) resulted from the 

age of the old procedure cases relative to the newer filings that 

11 
were subject to the master calendar. 

Standing Order 30 cases, i.e. those cases assigned to a 

magistrate judge who hears and decides all matters inc~uding 

trial unless a party objects, are having an impact on clearing 

the docket. Of 127 cases under Standing Order 3D, the Court 

Report notes that 40 have been assigned to magistrate judges, 25 

have opted out, 10 have been closed, and others are pending. 

Besides these cases, in 16 other cases parties have consented to 

magistrate judge trial where the case was not subject to Standing 

Order 30. The local rules of court also provide for maximum 

utilization of magistrate judges in other civil and criminal 

matters. This is consistent with Recommendation 67 of the 

Proposed Long Range Plan, p. 93. 

Mediated settlement conferences have also 

helped with early, and therefore less costly, 

disposition of civil cases. Modeled on the 

St te rocedure now in the clos~n s of 

a 'lot program, me ~a ~on as taken the 

place 0 cour -annexed arD~tration. During 

CY , accor ~ng to our re ords, 338 

cases--about 45 percent of all civil filings 

--were assigned to mediation. Of these, SS 

have been mediated, with 25 settled by 

mediation, Since the local rules provide 

that mediated cases do not lose their place 

on the docket, this means a net gain in 

resolution of disputes for cases that settle 

and no time loss for trial of cases that do 

not settle. 

Informal reports to the Clerk and questionnaire responses 

indicate that parties and counsel are pleased with the mediation 

procedure as being cost-saving and promotive of settlement. 

12 
III. 1995 Amendments to the Local Rules of Court 

The proposed 1995 amendments, to the local rules are in four 

categories: (1) those considered necessary to conform to the 

Civil or Criminal Rules, ~. Local Rule 112(d), number of civil 

case jurors; (2) those recognizing the new title of magistrate 

judge; (3) gender neutralization; (4) those affecting the 

relative cost or time involved in disposition of civil cases. 

Part III analyzes only the last category. 

Local Rule 108(a) (2) will no longer authorize clerk-issued 

consent orders, for good cause shown, for extensions of time to 

answer interrogatories, respond to requests for production of 

documents, or respond to requests for admissions. Civil Rule 29 

will govern. The amendment will save clerk and lawyer time in 

that attorneys might otherwise continue to think that the old 

procedure continues in effect as a local modification, under 

Civil Rule 83, of Civil Rule 29. 

Local Rule 201(c) will provide for a working copy of briefs, 

proposed findings of fact and conclusions of law, and requests to 

charge, for Court use. Experience has shown that an extra copy 

of these is necessary; there will be less time and expense 

involved if counsel duplicates one more copy when other copies 

are prepared. 

Local Rule 202(a) now provides that each motion in a civil 

case be set out in a separate pleading. While this may make 

motions more visible, it could result in lawyers separating out 

motions to permit them to use the 20-page brief limit for each 

motion, one CJRA Group member has observed. The operation of the 

separate-page requirement for motions will be watched carefully 

to see if abuses crop up. 

Local Rules 202(d) and 206 will provide that the limit for 

opening and responsive briefs on motions is 20 pages; 10 pages is 

the limit for reply briefs. Briefs responsive to summary 

judgment motions must be filed within 30, instead of 20, days 

after service of the motion. The Court believes that these 

amendments will not result in undue cost or delay in civil cases 

and will encourage brevity. 

Local Rule 202(i) (1) will exempt discovery motions from a 

13 
briefing requirement in cases 

Local Rule 204(d) expedit 

telephone conference or short court 

introduced in the 1993 local 

204(d) specifically 

situations, it was thought 

Local Rule 202(i) (1) as well. 

1 s to 

by 

though Local 

The Court's decision to 26 (a) (1) 

disclosure will be moved from 

203(b), a more logical place. 

Rule 26(a) (1) opt-out more 

203(f) to e 

depos 

fil 

Local Rule 204(b} (4) 

ions, along with other 

unless the Court so or 

a pretrial proceeding. 

filed, with saving 

This amendment 

court fil 

ies' duplication costs. 

Local Rules 205(b} 602(a} 

the United States is a party are 

the government may lack 

an oversight that either the 

correct. The Unit States is ~e most f 

courts of the United States; it is 

the civil cases in the district courts. 

§ 22 (5th 1994) . 

more 

not 

less 

costs 

which 

This is 

d 

a fourth of 

Wright, Law 

12778, § 

I, 56 Fed. Reg. 55195-96 (1991) to 

promote use of settlement conferences-- ion 

1 about--and other alternat 

mechanisms in federal litigation. If 

federal courts--the United Statesprepared to pay for cost-cutt 

paying parties. Thus, litigants cases are 

cases involving the United States 

resolved by mediation or whose case 

a party are compelled to 

benefits of an earlier settlement 

s become more if 

14 

States as 

cases in which 
government is a party, as 

and criminal cases, rises as 

1 as the number general c 1 

Parts II.A and II.B. 

Bes fically Local Rule 202(d)'s page 

limits to judgment mot I Local 206 been 

sed to restate Local Rule 107 general f requirements. 

Although I these should 

requirements 

Order 30 I 

an opt-out 

Rule also 

consent to 

seeking to 

j who s 

been 

consent to 

clear. 

402 will to account 

Parts I II.C, which states 

for magistrate j trial. 

amended to assure a right to 

by the magistrate judge, and to require parties 

such consents to appear the di 

Simil Local 403 

, seeking withdrawal of 

strate judge as a master, to 

seek approval re j 

should clari where the d go, thereby 

promoting ct judge who the matter 

knows more the case any other ct judge. 

15 
IV. Future Trends 

During SY 1993-94 the Court experienced a downturn in both 

civil and criminal case filings. See Charts 1 and 4 and Table 1 

in Part I.A. Whether this is the beginning of a trend or a 1-

year dip, followed by a rise, as occurred in SY 1986-88 and again 

in SY 1990-92, cannot be determined at this point. What is more '-----

encouraging is the red e.dJ.i£.e-e ~l::I 11PW close to 

the national norm of 12 months f or t he first time s i n 1989 

(Type II, Chart 3) or SY 1990 (all cases, Chart 2). Although 

reduced filings undoubtedly played a role in reducing judicial 

and administrative time tied up with incoming cases, particularly 

criminal matters, the new procedures also helped in clearing 

civil cases and in affording more opportunities for civil trials. 

Statistical years 1995 and 1996 should provide more evidence of 

how well the new procedures are working, particularly if other 

factors--criminal filings, civil filings, and the number of Type 

II cases--remain about the same. The long-range prediction of 

trends in civil and criminal filing is for a rise, perhaps a 

rapid rise, in each district across the Nation. If the Middle 

District is part of this trend, the new procedures will receive a 

real testing in the near future. 

Beyond the caseload statistics, there are other, 

nonquantifiable factors, some positive and some negative. 

The fourth judge's position, authorized by 28 U.S.C. § 

133(a), has been filled. District Judge James A. Beaty, Jr., an 

experienced former State Superior Court Judge, is now on the 

federal bench, occupying the position vacated when Judge Richard 

C. Erwin took senior status and Judge Frank W. Bullock, Jr. 

became Chief Judge. While the Court continues to rely on its 

three senior district judges,3 having district judge positions 

filled should contribute positively to reducing case life 

3This policy of the Middle District fellows Recommendation 

62 of the Proposed Long Range Plan, p. 76: "The courts should 

use senior and recalled judges a significant portion of 

federal judge power -- as much as possible to achieve the goal of 

carefully controlled growth." 

16 
expectancies and increasing the number of civil trials. See 

Recommendation 74 of the Proposed Long Range Plan, p. 96. 

Analysis of the vacant position among the 

four authorizations for district judges was 

included in the CJBA Report. There are no 

known or projected vacancies for the 

forseeable future among district judges or 

magistrate judges. The CJRA Group will 

consider the recommendations of the Clerk's 

office for recommended procedures for the 

eventuality of a sudden vacancy, ~ 

extended illness, of a judge, and for the 

further eventuality of a longstanding vacancy 

among the judges, during SY 1995. 

The CJRA Report, pp. 78-80, recommended provision for a 

third magistrate judge position, a second law clerk for each 

magistrate judge, and, alternatively, a staff law clerk for 

prisoner and similar cases. The CJRA Plan, p. 11, concurred with 

these recommendations and stated that the Court would pursue them 

by appropriate means. As noted in the Court Report, magistrate 

judge involvement in Standing Order 30 cases has been 

significant; ~ Part III.C. The number of prisoner cases shot 

up dramatically in SY 1994; ~ Part III.A and Table 1. If these 

trends continue as predicted in the Proposed Long Range Plan, pp. 

140-42, magistrate judges and their clerks may become saturated 

as the district judges try the criminal docket and conduct more 

civil trials. For these reasons, these recommendations should be 

pursued. 

T e other major factor for clea . s llse of 

ADR techniques. The CJRA Report, pp. 65-66, 69-74, recommended 

-continuing the then-existing court-annexed arbitration program, 

adoption of court-annexed mediation and early neutral evaluation 

(ENE), increasing the $150,000 cap imposed by Congress on courtannexed arbitration in 28 U.S.C. §§ 651-52, and amendment of 28 

U.S.C. § 653(b) to permit arbitration after cases are at issue 

but before judicial resolution of dispositive motions. The ~ 

Plan, pp. 6, 11, and the revised local rules implemented courtannexed mediation while ending court-annexed arbitration because 

of the statutory stricture on arbitration before decision on 

17 
pending dispositive motions. 

The 1995 State General Assembly has received proposed 

legislation to extend mediated settlement conferences to all 

Superior Courts, with rules to be promulgated by the Supreme 

Court of North Carolina. All U.S. District Courts in North 

Carolina have mediation rules. Initial reports from mediation in 

this Court are that the procedure has been received well by the 

bench and bar and has promoted settlement. The State program, 

and other federal court programs, will be studied to determine if 

~~~~~~~~~=-~~ ~~~~~~~~~~~~==~~~ ~ ____ the 

=-__ ~=ral 

co rts: practice. This should minimize the time parties and 

counsel must spend to become familiar with another set of rules. 

Other State and federal courts have begun using other ADR 

techniques in North Carolina. Results under these ADR techniques 

will be considered for possible Middle District implementation. 

This is in line with Proposed Long Range Plan, p. 65, 

Recommendation 41: "District courts should be authorized to make 

available a variety of alternative dispute resolution techniques, 

procedures, and resources to assist in achieving a just, speedy, 

and inexpensive determination of civil litigation . " 

Congress has extended the life of the court-annexed 

arbitration legislation, 28 U.S.C. §§ 651-58. Judicial 

Amendments Act of 1994, Pub. L. No. 103-420, § 3, 108 Stat. 4343, 

4345. Neither the $150,000 cap nor the restrictions on 

arbitration, stated above, have been modified. Amendments to 

this legislation should be sought so that larger es can be 

h~j ec t t o thr opt± on cases can be arbitrated before 

di positive mo n dec i sions. 

As noted in Part III, Local Rules 205(b) and 602(a) will 

exempt from mediation cases in which the United States is a party 

because the government may lack authority to pay mediator fees. 

This is a serious omission, since the government is the Court's 

most frequent litigant. The CJRA Advisory Group recommends 

curative legislation or executive regulations' to assure the 

promise of Executive Order 12778, which directs government 

counsel to promote settlement conferences and other ADR 

18 
In general, proposed 1995 rules amendments not 

to se problems of t cost or lay. In many 

instances they should promote cost and t savings. However, 

202(a) c lease mot be 

set out in a pleading will scrut to 

det whether this , when coupled with page limits 

in Local Rules 202(d) and 206, s 

attorneys' fil a 20 f for every 

led mot Part III. 

19 
V. Conclusions: Assessing the State of the Civil 

and Criminal Dockets 

As Parts I-IV demonstrate, the state of the civil and 

criminal dockets has improved since implementation of Standing 

Order 30, the CJRA Plan, and the 1993 amendments to the local 

rules of court. This has been due in part to a decline in 

filings, but also to better and more efficient civil case 

management under the new rules and procedures. 

On the negative side, all of this could change if there are 

new influxes of filings, perhaps due to additional Congressional 

enactments, ~ the Violent Crime Control and Law Enforcement 

Act of 1994, Pub. L. No. 103-322, 108 Stat. 1796-2151. 

On the positive side, there is prospect for even better 

civil case management if filings remain relatively stable. The 

Court is up to its full complement of four judges. Further 

improvement in case management might be achieved through 

implementation of some or all of the recommendations stated in 

Part IV. 

In sum, this Assessment shows steady, yet significant, 

progress in providing for less costly and more time-efficient 

civil case management as mandated by the CJRA. As additional 

opportunities for increased efficiency ar c, the Court will 

seize them . However, the Court must always "appreciate that no 

demand for statistics . can ever replace [the] . duty to 

hear cases with patience and respect for the rights of the 

parties who seek justice from [it]." Paul R. Connolly, Civility 

in the Courtroom: The Judge's Obligation, 1 Litig. 14, 17 (No.1 

1975) j accord, Civil Rule 1. 

20 
APPENDIX A 

A. of 

CJRA, 28 U.S.C. § 478, provides appointment the 

by the j of ct court, after 

consultat other j s of court. The sory 

Group "shall be balanced and attorneys other persons 

who are of cat lit " the 

court. Group members serve for years, with the U.S. 

as a the 

Pursuant to Act, Chief Erwin appointed this 

advisory group for 1990-94: 

Will K. , irman 

1, s & Pitt, P.A. 

Winston-Salem 

W. Fouts, rei Vice- rman 

Adams, Kleemeier, Hagan, Hannah & Fouts 

George K. Walker, 

Wake Forest University School 

Walter F. Brinkley, Esquire 

Brinkley, rt, ller, Smith & es 

B. Ervin Brown, II, Esquire 

Moore & Brown 

Joseph P. 

exU.S. Di 

of 

Greensboro 

21 
Ronald H. Davis 

Vice President-Administration 

Carolina Steel Corporation 

Greensboro 

Mickey W. Dry 

Executive Vice President 

Wachovia Corporation 

Winston-Salem 

Walter T. Johnson, Esquire 

Greensboro 

Kathy E. Manning, Esquire 

Smith Helms Mullis & Moore 

Greensboro 

James B. Maxwell, Esquire 

Maxwell & Hutson, P.A. 

Durham 

Grover C. McCain, Jr., Esquire 

Chapel Hill 

William L. Osteen, Sr., Esquire 

Osteen & Adams 

Greensboro 

C. Edward Pleasants, Jr. 

President and Chairman of the Board 

Pleasants Hardware Co. 

Winston-Salem 

Honorable P. Trevor Sharp 

Magistrate Judge, ex officio member 

APPENDIX A-I 

u.S. District Court for the Middle District 

of North Carolina 

Greensboro 

Norman B. Smith, Esquire 

Smith, Follin & James 

Greensboro 

Carmon J. Stuart, Esquire 

Retired Clerk of Court, currently of counsel, 

Patton, Boggs & Blow 

Greensboro 

22 
G. Tart 

f 

the Middle 

Esquire 

and stant Secret 

Law 

R.J. Reynolds Company 

-Salem 

Petree 

Winston-Salem 

, Esquire 

& Robinson 

Honorable N. ton Tilley, Jr. 

rict Judge, ex ficio 

U.S. Dist Court Middle 

North Carolina 

Durham 

H. , Jr., Esquire 

Assistant U.S. At 

Middle ct North 

APPENDIX A-2 

strict 

st ct 

The appointment William L. Osteen, Sr. as U.S. District 

for the District North Carol was confirmed by the 

U.S. Senate was constituted, Osteen 

continued to serve with the Miriam M. Murphy, Esquire, 

Head of ic Se Wake Forest Univers Law 

, was by the to serve as statistician 

When took status and 

Bullock Chief Group was not 

On April 19, 1995, pursuant to 28 U.S.C. § 478, Chief 

Bullock made appointments membership on the Group: 

Guy F. , Esquire 

womble Carlyle Sandridge & Rice 

Salem 

23 
Robert M. Elliott, Esquire 

Elliott Pishko Gelbin & Morgan 

Winston-Salem 

Susan Gottsegen, Attorney At Law 

Legal Aid Society of Northwest 

North Carolina, Inc. 

Winston-Salem 

Bynum M. Hunter, Esquire 

Smith Helms Mulliss & Moore 

Greensboro 

Romallus o. Murphy, Esquire 

Greensboro 

John A. Northen, Esquire 

Northen, Blue, Rooks, Thibaut, 

Anderson & Woods 

Chapel Hill 

Charles Robert Rhodes, Esquire 

Rhodes Coats & Bennett 

Greensboro 

James T. Williams, Esquire 

Brooks Pierce McLendon Humphrey & Leonard 

Greensboro 

EX OFFICIO: 

William K. Davis, Esquire 

Bell Da s & Pitt 

Winston-Salem 

Daniel W. Fouts, Esquire 

Adams Kleemeier Hagan Hannah & Fouts 

Greensboro 

24 

APPENDIX A-3 
B 

Order No. 3D, fi Jan. 8, 1993 

2S 
APPENDIX B-1 

IN THE UNITED DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA 

RE: KODIFICATION OF 

CIVIL CASE ASSIGNMENT 

PLAN 

) 

) 

) 

STANDING ORDER BO. 30 

In to alleviate the backlog of civil cases, which has 

been created by the extremely heavy and time-consuming criminal 

docket of this court, and attain the objectives of 

Re Act of 1990 reducing delays in the trial of civil 

cases, it is necessary to modify the Civil Case Assignment Plan of 

this to more effectively benefit from the and 

of magistrate judges of this court in the disposition 

and trial of civil cases. Before making this modification the 

judges have found that Judges A. 

P. Trevor are ial f who 

for over ten years have regularly handled civil cases from 

discovery through dispositive motions and trial. They are fully 

qualified to upon and any civil case arising before this 

court. Accordingly: 

1. One case out of each thirteen cases, excluding cases 

arising under 28 U.S.C. 2255 and appeals from Bankruptcy Court, 

vill be randomly assigned to judge to conduct all 

proceedings, including the ultimate trial upon consent. A district 

judge will paired with each case assigned to a magistrate judge 

at the time the case initially assigned. The pairing of 

district judges in these cases will be rotated so that the same 
APPENDIX B-2 

judge is not always with the same magistrate judge. The 

name of the district judge paired on a case will not be 

disclosed by the clerk's office. 

2. The judge to whom the case is assigned will 

rule or make recommendations upon all motions, both non-dispositive 

and dispositive. If either party objects to a decision of the 

magistrate judge on a motion prior to trial in a case wherein 

consent has not been given, the objection be ruled upon by the 

paired with the magistrate judge. Subsequent 

motions in the case will be referred to the magistrate judge for 

ruling or recommendation. 

3. When the issues are joined in these cases, the parties 

shall be given notice of this administrative assignment. The 

notice and forms sent to the parties shall inform them of their 

opportunity to consent to jurisdiction of the 

I duty to decision to the Clerk, and 

the fact that a failure to respond timely will be deemed a consent 

to the magistrate judge's complete jurisdiction. The notice and 

forms shall be substantially in form of attachments to this 

4. The Clerk shall hold confidential the decisions of the 

parties on the issue of consent, and shall not inform any district 

judge or magistrate judge of the parties' responses unless all 

parties consent, by affirmative response or failure to respond. 

5. If all parties consent to the juriadiction of a 

magistrate judge, the Clerk ahall prepare for the Chief Judge an 

Order of pursuant to 28 U.S.C. S 636(c). On entry of 

, 
to 

an , the Clerk 

by the parties. 

S. Appeal of a judgment 

Court of Appeals of 

7. This rule shall 

APPENDIX B-3 

any responses have 

by a magistrate be 

Fourth Circuit. 

interpreted and enforced so as to 

the voluntariness of the parties' consent. No of 

the court shall take any impl ies that are 

to withhold consent without adverse substantive 

modification Case Assignment this 

will take ef 

This the ~~ day 1993. 

, 

United States District 
Dear Counsel: 

~nU!b ,hItu ~hdrirl GInurl ~ibblr ;lilbid pf ;N~ Glaflliina 

,"11 flffirr 'Jill lZZ3 

tlrmmbllfll. ~PI1iJ (arll!ina %7402 

_____ ,1993 

. . The above-entitled case has been randomly selected and 

APPENDIX B-4 

administratively assigned to Judge to 1 

proceedings, including ultimate trial if necessary. Because of 

dramatic increase in the number of criminal cases in recent years, district 

judges have had to give priority to the criminal docket as required by law. 

Under these circumstances your case can experience a s ficant delay, 

which can in cost increases, it can by a district 

judge. Congress's enactment of th~ Civil Justice Reform Act has required 

the court to give increased attention to addressing costs and delays in 

resolving civil of has 

encouraged the ignation of magistrate judges to conduct all proceedings 

in civil cases, both jury and non-jury. 

Judges Russell A. El and P. Trevor Sharp are 

experienced judicial officers who for over ten years have regularly handled 

civil cases from discovery through dispositive motions and trial. Trial 

before a magistrate judge, in addition to an date, will also 

enable the court to give counsel and parties a special setting. Appeal 

a judgment by a judge will be to 

Appeals for the Fourth Circuit. 

After discussion with your client, please return the enclosed decision 

form to the Clerk's Of within twenty (20) days. Cases in which consent 

is not given will considered by magistrate judge" 

who will make rulings or on all I including 

dispos ones. SINCE YOU ARB REQUIRED BY LAN TO COMMUNICATE YOUR 

DECISION TO THE CLERK, FAILURE TO RETURN THE FORK WILL BE DEEKBD.Ii CONSENT 

TO THE EXERCISE OF COMPLEft JURISDICTION BY THE MAGISTRATE JUDGE UlmER 

28 U.S.C. S 636(c). 

,jr.:jdl 

Very truly yours, 

Frank W. Bullock, 

Chief Judge 

• 
v. 

DECISION REGARDING CONSEHT TO PROCEED 

BEFORE A DGISTRATE JUDGE 

IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA 

DIVISION 

) 

Plaintiff, ) 

) 

) 92:CV 

) 

Defendant. ) 

DECISION REGARDING CONSENT TO PROCEED 

BEFORE A MAGISTRATE JUDGE 

APPEND IX B - 5 

In accordance with the provisions of Title 28, U.S.C. 

S 636(c), the undersigned party hereby communicates its decision 

whether or not to voluntarily waive its right to proceed before a 

district judge and consent to have the assigned magistrate judge 

conduct any and all further proceedings in the case, including 

trial, and the entry of a final judgment. Any appeal from the 

judgment shall be taken to the Fourth Circuit Court of Appeals in 

the same manner as an appeal from any other judgment of the 

district court. 

I consent ____________________________________ __ 

I do not consent 

Date ____________________________________ ___ 
APPENDIX B-6 

BOTICE OF RIGHT TO COMSEHT TO THE 

EXERCISE OF Crv:IL JURISDICTION BY A DGISTRATE JUDGE 

In accordance with the provisions of Title 28, U.S.C. 

S 636(c), you are hereby notified that the United States magistrate 

judges of this district court, in addition to their other duties, 

upon the consent of all parties in a civil case, may conduct any or 

all proceedings in a civil case including a jury or non-jury trial, 

and order the entry of a final judgment. 

You should be aware that your decision to consent, or not to 

consent, to the referral of your case to a United States magistrate 

judge must be entirely voluntary. Only if all the parties in the 

case consent to the reference to a magistrate judge will either the 

judge or magistrate judge to whom the case has been assigned be 

informed of your decision. 

An appeal from a judgment entered by a magistrate judge may be 

taken directly to the United States court of appeals for this 

judicial circuit in the same manner as an appeal from any other 

judgment of a district court. 
APPENDIX C 

Amendments to the Rules of Practice and Procedure 

of the United States District Court for the 

Middle District of North Carolina, Adopted 

May 11, 1995, to become effective July 1, 1995. 

26 
ADAMS EMEIER HAGAN HANNAH & FOUTS 

A PI'tOF'E:SSIONAL LIM1TE:C LIAI!IIILIT'Y CoMPANY 

ATTORNEYS ANI:) CoUNSE:LLORS AT LAw 

GREENSBORO. NORTH CAROLINA 

APPENDIX C-l 

WA.L.TCllil... ~~ 

C&,N'i:" w """""' 

"''' .. I. .. JAM M mlt,..(';OJl: rv KA'T"HC.,,,,t ~.A'" M~~IO 

( ... 0) 373-'600 JC>tN A.. lItU[M[I[Q .J1t fleIH."'::»} 

Wl.u..J.jt.M,j A.CoII.M5- .Jft (1.041 ..... 3) Ci ... _U Q;< .... t:> '" al:loI'T'£'" '" IOOOSS c:u ..... _ WI\7" . .I'" .,) S_~ 

L Nt".A"'" or eou"'St ... 00YUII1",.,£S 'f MAC.Af¥ . .JIlt .. ~.., 

'" _IT!: 

A. ENNIS '" ANI£I".,.) IIIIIIOSSA ~ .. , 

~AMa W """"AN 

1II£"!'T'f" ...... ClO<>4I1 I:COWA",t:> .... ~AT . .I" STtfItM£;hI A MAYO 

-'1.'''(; "-t:>C>"tC.SS 

"0 IIOx-..", 

IJIIII:I:"SIIOIIIO .. c. ~ 

.. Q;<-

~W_I:'" 

~""E;<_""_" 

"'I:"T"I:"'CO_AS 

Clerk 

January 31, 95 

e Joseph P. Creekmore 

NOJIV'TM CUtOL.IN .. TRUST aN"'f't'Ilt 

30' -"Ot:rrM tt..""" STJItC£"'f 

GIIf£l':NSBOtItO ~ c: .""0" 

United States strict 

RECIIVED 

In This Office Middle District of North Carolina 

fice Box 2708 JAN 31 19~5 

CLERK, U. S. D1STRtCT COURT 

RE: GREENSBORO. N. C. 

Dear 

The 

concerning 

sparse. 

, NC 27402 

ions from 

draft amendments 

are as follows: 

Local Rules 

to the 

Advisory 

Rules 

Cormnittee 

have been 

1. Rule 202(f) contains a male gender reference in the next 

to last line. The ion is the word fi "be changed to II " 

2. e 212 (b) wishing to oral 

in support must inform Court 

determination motion. It is suggested that any who 

ication be an equal to 

the sentence } 

wishing to oral testimony n~~~'~ition to class determination set forth 

or oppos filed by such person. 

3. A suggest has been that the might to 

consider amending Rule 120 to provide that the libraries are 

exclusive use of the j and the 
Honorable Joseph P. Creekmore 

January 31, 1995 

Page 2 

APPEND IX C - 2 

4. Additional suggestions and comments are contained in a 

letter to you from Professor Walker dated October 27, ~994, a copy 

of which is attached hereto and incorporated herein by reference. 

These are the only suggestions and comments which have been 

made by members of my committee. 

Please do not hesitate to let me know if you want the Local 

Rules Advisory Committee to give any further thought to the 

proposed amendments. 

With kindest regards, I am 

Cordially yours, 

Da~. Fouts 

DWF/jah 
APPENDIX C-3 

SUMMARY OF PROPOSED LOCAL RULE CHANGES (Mov. 22. 1994) 

- to provide for ity in 1 

to reflect change in of "magistrate" to "magistrate judge" 

- to reflect that st lations to discovery extensions that 

not affect of discovery are effective without 

court order under Rule 29, and no order by the Clerk is needed 

- to provide that a c jury cons s 6 or more ,wt:::~,t::: 

- to provide for working copies of findings and j 

instruction 

- to provide that no briefs are needed in expedited discovery 

procedures 

- to relocate our 

logical place 

to "opt out" of 

the local rules 

26(a)(1) to a more 

- to that notices no need be fi 

- to highlight that all mot allow a 20 day response peri 

except for summary judgment motions which allow for 30 

- to correct citation authority for of lateral 

misdemeanor cases 

- to prior 

particular 

under Standing Order 

636 (c) consent cannot be to a 

in view of current practices 

- to ze existing aw that intervening parties cannot be 

presumed to consent to ma9istrate judge even if all other 

parties have previous consented 

- to recognize that 

withdraw a consent 

ruled upon by a 

requires that a action to 

a magistrate judge must be 

pts 
RULES OF 

PRACI1CE AND PROCEDURE 

of 

THE UNITED STATES 

DISTRICf COURT 

FOR THE MIDDLE DISTRICT 

OF NORTH CAROLINA 

GENERAL RULES 

· CIVIL RULES 

· CRIMINAL RULES 

· MAGISTRATE JUDGE RULES 

· RULES OF DISCIPLINARY 

ENFORCEMENT 

· MEDIATION RULES 

· FORMS 

Ja.utary 1, 1985 

APril 1. 1995 

APPENDIX C-4 
before 

RULE 102 

SCOPE OP RULES 

the procedure in all 

before the 

[Reason for ehange--magistrate judge title change] 

APPENDIX C-5 
.. RULE 103 

M'TORNEYS 

APPEND IX C - 6 

(a) Roll of Attorneys. [No change] 

(b) Eligibility and Admission. To be for admission 

to the bar the court, a must admitted to the practice 

law in this state and in good standing with the Supreme Court 

-Morth Carolina. A judge or aagistrate will consider a request 

admission only upon motion made in open court by a member the 

bar court. to admitted to practice an 

attorney must certify that fie the attorney read and is fami iar 

with the Federal Rules of Civil Procedure, the Federal Rules of 

, Evidence, Rules 

of this court, and the North Carolina of Professional 

Responsibility. Attorneys seeking admission to practice in this 

court must take an oath or make an affirmation a form approved 

by court and pay the filing fee. 

e c ) Li tigants Must Represented by Member of BAr of 

This Court. [No change] 

( d) Special Appearance. 

(1) who are members in good standing the bar of 

the highest court of any state or Di of Columbia may 

practice in this court for a particular case in association a 

bar of court. By entering an appearance, an 

that: 

(i) fie the attorney will be responsible ensuring 

presence of an attorney who is familiar with the 

case and has authority to control the litigation at 

1 S I hearings, trials and other 

that 

(ii) fie the attorney submits to discipl 

jurisdiction of the court for any sconduct 

connection with the litigation for which 

is specially appearing. 

(:2 ) 

(e) of Appearance. No attorney who has entered an 

appearance in any civil or criminal action shall permitted to 

withdraw ~ An appearance, or have it from the record, 

on order of the court. 

[Reason for changes--magistrate j title change: gender 

] 
RULE 104 

COURT SCHEDULE AND 

CONDUCT OF BUSINESS 

APPENDIX C-7 

(a) Headquarters. The headquarters of the court shall be 

located in Greensboro. All pleadings and papers submitted for 

filing shall be presented to the clerk in Greensboro, except that 

papers may be filed in open court in any court location when 

permitted by a judge er magis~£a~e. 

(b) Scheduling. [No change] 

(c) Naturalization. [No change] 

(d) Divisions of the Court. [No change] 

[Reason for change--magistrate judge title change] 
(a) 

(b) 

(c) 

(d) 

Rm:..E 107 

BRIEFS 

Contents. [No chanqeJ 

Citation of Cases. [No chanqe) 

APPENDIX C-8 

AmeAaea Jely 1, 1988 

Citation of Unpublished Decisions. [No chanqe] 

Dec Not Appearinq in Certain Published 

Reports. [No chanqe] 

(e) Additional Copies of Briefs for Court Use. At the time 

the oriqinal of a filed, a workinq copy of the brief for 

use by the judqe shall delivered to the c 

[Reason for chanqes--maqistrate judqe title chanqe) 
APPENDIX C-9 

RULE 108 

ORDERS AND JUDGKEHTS GR.AHTABLE BY 

CLBRlt 

(a) Judgments. authorized to 

the following and judgments direction by the court: 

(1) orders for the substitution of attorneys. 

(2) Upon a showing of good cause, consent orders in 

actions not more 30 (plus an 

30 days ional circumstances) the time within which to 

answer or plead, to aRsweF iRteFFo,atoFies, to respORS to 

requests fOF pFosuetioR of soe~eRts, to respoRs to requests fOF 

admissioft, or to respond to motions. 

(3) orders dismissing an , except in cases 

governed by . R. eiv. P. 23 or 66. 

(4) Entry and judgment as provided 

in Fed. R. . P. 55(a) and 55(b) (1). 

(5) Orders canceling liability on bonds other than 

disbursing the court's account. 

(6 ) 

Fed. R. eiv. 

(7) Ex 

Applications 

accompanied 

(b) 

to serve s pursuant to 

P.4(c). 

e orders as authorized 

extensions of time, 

order. 

Reviewable. [No 

[Reason for -consent stipulat 

that do not af the end-date 

effective without court order under new 

in Local Rule 203 (f) . or judgments shall be 

] 

to discovery ext ens 

discovery period are 

. R. eiv. P. 29J 
APPENDIX C-lO 

RULl!! 109 

ACCESS TO COURT RECORDS 

(a) Access. The publ records of court are available 

for examination in the clerk's fice during normal business hours. 

(1 No file, pleading or paper, may be 

from cl' s off without a 

.agiet.rat.e. 

(2) When removal of a file or document is authorized, the 

will set a date for return and 1 require a written 

for its re 

( ) Copies. clerk 11 make and furnish copies of 

official court records upon request and upon of prescribed 

off ial court record cons filed on 

hand s of the case folder. filed on left 

of the case folder, whi available publiC examination, 

not be copied without the written approval of a judge &.F 

for copies of items filed on the left hand 

s must be in to 

of court, who will re the matter to the judge &.F 

Ra~~~~ and advise the requester of the judge'S or magist.rat.e's 

[Reason changes--magistrate judge title change] 
APPENDIX C-ll 

Aaeftaea Jvly 1, 1988 

RULE 110 

StrRETIES 

(a) Security. [No change] 

(b) Individual Sureties. [No change] 

(C) Approval. All bonds I guaranties, undertakings I and 

individual sureties must be approved by a judge, .a,is~ra~e, or the 

clerk. Individual who fy on the basis of ownership 

real or property may required to proof of 

ownership such as a certificate title, and a title search 

conducted an attorney other than the attorney representing 

party on f the bond , and 

in the form of a proper instrument or deed 

[ son change--magistrate title change] 
APPENDIX C-12 

RULE 1 

JURIES IH CIVIL AND CRIXlMAL CASES 

Examination of [No change] 

Contacts Prohibited. [No change] Disclosure of Hames and Addresses of Prospective 

[ ] 

(d) Humber of Jurors in Jury Cases. In civil j 

cases the jury shall consist of six or more members. 

[ 

j 

son for change--current 

ranging from 6 to 12 

of the court result in c 1 
R'DLE 119 

PHOTOGRAPHS, RECORDINGS, AND 

BROADCASTS 

APPENDIX c-13 

Radio or broadcast use of photographic, 

electronic, or mechanical reproduction or recording equipment 

without court permission prohibited in courtrooms or their - environs. "Environs" is defined to mean the courtrooms, the 

offices of the j, clerk, probation off I or 

Bny corr connect or acent thereto. Ceremonial 

proceedings such as the administration of oaths office to 

appointed officials of the court, naturalization, Bnd presentation 

of portraits, may be photographed in or broadcast from the 

courtroom, under the supervision of court. not 

apply to courtroom by other government agencies. 

[Reason for change--magistrate judge title change) 
APPENDIX C-14 

RULE 120 

COURT LIBRARIES 

The court's libraries are maintained for the exclusive use of 

the judges aHa magis~£a~es. 

-[Reason for change--magistrate judge title change] 
APPENDIX C-15 

(a) 

to comply 

sanctions 

.. ke such 

including 

ROLE 122 

SANCTIONS 

Imposi tion of 

with a 1 

t the or 

as are just under 

the following: 

If an attorney or a party fails 

court, court may , or both. ~he court 

the circumstances the case, 

(1 an order that des matters or facts shall be taken 

as ished action~ 

(2) an order the fail party to support 

or oppose ignated , or prohibiting ~ 

from introducing designated matters evidence; 

(3) an striking out pleadings or parts 

staying proceedings until the is compl with, or 

the action or any thereof, or rendering a judgment 

against failing party; 

f I or 

(4) an imposing costs, luding attorney' s , against the party, or A*& the party's attorney, who has failed to 

comply with a rule. 

(b) Sanctions Wi thin 

change] 

Discretion of the 

[Reason for --gender neutral J 

[No 
APPENDIX C-16 

RtJLE 201 

OF ACTIONS ==~~~~~ 

PAPERS 

Docket Cover 

Records to be 

[ for change--to provide for working copies of proposed 

f jury ] 
APPENDIX C-17 

RULE 202 

KOTION PRACTICE 

_ (a) Porm. All motions, unless made during a hearing or at 

trial, shall be in writing and shall be accompanied by a brief 

except as provided in section (fti) of this rule. Each motion shall 

-be set out in a separate pleading. 

(b) Content. All motions shall state with particularity the 

grounds therefor, shall cite any statute or rule of procedure 

relied upon, and shall set forth the relief or order sought. 

(c) Decided on Motion Papers and Briefs. 

(1) Motions shall be considered and decided by the court on 

the pleadings, admissible evidence in the official court file, and 

motion papers and briefs, without hearing or oral argument, unless 

otherwise ordered by the court. Special considerations thought by 

counsel sufficient to warrant a hearing or oral argument may be 

brought to the court's attention in the motion or response. 

(2) The clerk shall give at least five days' notice of the 

date and place of oral argument. The court, however, for good 

cause shown may shorten the five-day notice period. 

lQl Limitations on Length of Briefs. Briefs in support of 

motions and responsive briefs are limited in length to 20 pages, 

and reply briefs are limited to 10 pages. 

(4g) Movant's Supporting Documents and Briefs. When 

allegations of facts not appearing of record are relied upon to 

support a motion, affidavits, parts of depositions, and other 

pertinent documents then available shall accompany the motion. If 

supporting documents are not then available, the party may move for 

an extension of time in accordance with section (~g) of this rule. 

(e1) Response to Xotion and Brief. The respondent, if 

opposing a motion, shall file a response, including brief, within 

20 days after service of the motion (30 days if the motion is for 

summary judgment; see Local Rule 206rdJ and Tel). If supporting 

documents are not then available, the respondent may move for an 

extension of t~e in accordance with section (.S) of this rule. 

For good cause appearing therefor, a respondent may be required to 

file his response and supporting documents, including brief, within 

such shorter period of time as the court may specify. 

(-is) Enenaion of Time for Piling Supporting Documents and 

Briefs. Upon proper motion accompanied by a proposed order, the 

clerk may enter an ~ parte order, specifying the time within which 

supporting documents and briefs may be filed pursuant to sections 

(Ge) and (e1), if it is shown in writing that such documents are 

not available or cannot be filed contemporaneously with the motion 

or response. The time allowed to an opposing party for filing a 

response shall not run during any such extension. If good cause to 

grant the motion is not apparent upon the face of the motion, the 

clerk may direct that the motion be served upon the opposing party, 

who shall be allowed 10 days to respond. 

(.11) Reply Brief. A reply brief e4 Re .ere tohaR teR ,ages may 

be filed within 10 days after service of the response. A reply 

brief is limited to discussion of matters newly raised in the 
APPENDIX C-18 

response. A suggestion of subsequently decided controlling 

authority, without argument, may be filed at any time prior to the 

court's ruling and shall contain only the citation to the case 

relied upon, if published, or a copy of the opinion if the case is 

unpublished. 

(fti) Motions Rot Requiring Briefs. No brief is required by - .i ther movant or respondent, unless otherwise directed by the 

court, with respect to the following motions: (1) discovery motions 

in which the parties have agreed to the expedited procedures 

described in Local Rule 204(d); (~l) for extension of time for the 

perfonnance of an act required or allowed to be done, provided 

request therefor is made before the expiration of the period 

originally prescribed or as extended by previous orders; (~1) to 

continue a pretrial conference, hearing, or the trial of an action: 

(~!) to add parties; (42) to amend the pleadings; (~~) to file 

supplemental pleadings; (~l) to appoint a next friend or guardian 

ad litem, (+..e.) for substitution of parties; and (.ai) to stay 

proceedings to enforce judgment. The above motions, while not 

required to be accompanied by a brief, must state good cause 

therefor and cite any applicable rule, statute, or other authority 

justifying the relief sought. These motions must be accompanied by 

a proposed order. (~i) Failure to File and Serve Motion Papers. The failure to 

file a brief or response within the time specified in this rule 

shall constitute a waiver of the right thereafter to file such 

brief or response, except upon a showing of excusable neglect. A 

motion unaccompanied by a required brief may, in the discretion of 

the court, be summarily denied. A response unaccompanied by a 

required brief may, in the discretion of the court, be disregarded 

and the pending motion may be considered and decided as an 

uncontested m:J:. ion. ! f a respondent fails to file a response 

within the time required by this rule, the motion will be 

considered and decided as an uncontested motion, and ordinarily 

will be granted without further notice. 

[Reason for changes--to provide that each motion ahall be in a 

separate pleading; to provide a page limitation for briefs on all 

motions of 20 pages for principal briefs and 10 pages for reply 

briefs; to provide that no briefs are necessary in expedited 

discovery procedures under new Local Rule 204(d)] 
APPENDIX C-19 

RUL.l!! 203 

INITIAL PRETRIAL PROCEDURES 

Requirement for Initial Pretrial Order. [No change] 

Meeting of the Parties. Within the set by Fed. R. 

le 16(b), the 1 an initial pretrial 

and give at least thirty (30) days notice thereof. The 

-parties must hold their Fed. R. Civ. P. 26(f) meeting at least 

days fore the scheduled initial pretrial conference and submit to 

the court their report within 10 days may 

stipulate out of the 26 (f meeting but must meet to 

s a scovery plan. 

(1) All matters identified in Rules 16(b) and (C) 

and 26(f), 

(2) The possibility of settlement, 

(3) track for the case under 

Local Rule 20 , 

(4) The timing of any mediated settlement 

conference under Local Rules 205 and 602, 

identity of any agreed-upon 

(5) The nature of documents and information 

believed necessary for the case, 

(6) Issues of burden and relevance and the 

discoverabili ty of fferent types documents, and 

(7) A prel schedule for depOSitions, to 

at reas s upon ion 

parties. 

(8) The decision of each party whether or not to 

consent to j s ion of a magistrate judge. 

Lead counsel for each party must meet and the abovelisted matters in a face-to-face meeting unless the offices of the 

parties' lead counsel are separated by more than 150 miles, in 

which event lead counsel may conduct the conference by telephone. 

the absence of agreement to the contrary, the meeting of the 

parties shall held in the of the attorney nearest the 

court initial pretrial conference is 

The parties shall jointly prepare a 26(f) Report (Local 

Rule Form 1) if they are in agreement concerning a discovery plan 

for the case. If they do not agree, each shall file a separate 

Rule (f) (Local Rule Form 2), setting forth its position 

on disputed matters. The Reports must be filed with the court 

within 10 days of the Rule 26(f) meeting. 

(c) Initial Pretrial Order by Conference. [No change] 

(d) Initial Pretrial Order upon the Joint Rule 26(f) Report. 

[No change] 

( e) Discovery With Respect to Bzpert Wi tnessall. [No change] tt) B.ee,~ieft f ... red. R. Glv. P. 2'(8)(1). Fe~. R. Giv. pr 
APPENDIX C-20 

26 (a) (1), which creates a requirement for initial disclosures 

without a discovery request, provides that any district court may 

opt out of its provisions. This court does so. The provisions of 

that rule shall not apply in civil proceedings in this court. 

[Reason for change--to move the election to opt out of Rule 

26(a)(1) from the very end of the rule (Section [f]) to a place 

earlier in the rule (Section [b]), where it more logically belongs] 
APPEND IX C - 21 

RULE 204 

DIFFERENTIATED CASE KA.NAGEMENT AND DISCOVERY 

(a) Differentiated Case Management. [No change] 

(b) Discovery Procedures and Materials. 

(1) [No change] 

(2) [No ] 

(3) [NO change] 

(4) Depositions and deposition notices, interrogatories, 

requests for documents, requests for admission, and answers and 

responses thereto shall not be fi unless the court so orders or 

unless court 11 a 

All discovery papers must be on other counselor parties. 

The party taking a deposition or obtaining any material through 

discovery is responsible its preservation del to the 

court when needed or My party seeking compel 

di or other pretrial based upon discovery material 

which not been filed with the clerk must identify the specific 

portion of the material which is directly relevant and ensure that 

it fi as an attachment to the application relief. 

(c) Attorneys With to Motions 

Objections Relating to [No change) 

( d ) Ex:pedi ted Resolution of Some Discovery Disputes. [No 

change] 

(e) Award of Expenses of Discovery Motion. [No change) 

(f) of Discovery. [No change) 

(g) Extension of Time for Discovery the or 

Request for More Discovery. [No change) 

(h) Trial Preparation After the Close of Discovery. [No 

c ) 

[Reason for change--to provide that 

with the clerk] 

it not fil 
APPENDIX C-22 

Rm...E 205 

DDlATED SETT'LEXEHT COHFERENCES 

(a) Mediated Settlement Conferences during Discovery. [No 

change] 

(b) by Rules. Several categories 

of civil cases are automatically selected for mediated settlement 

-conferences, without specific order by the court. These 

include, to designations on civil cover (1) 

contract [ 11 140 and 160-195, specifically excluding 

0-153J, (2) tort [all categories, 310-385], (3) civil rights [all 

categories, 440-444], (4) labor [all categories, 710-791], (5) 

property rights [all categories, 820-840], (6) antitrust r 

410), (7) banks and banking [category 430], (8) / 

commodities/exchange [category 850], and (9) environmental matters 

[category 893]. The parties to these actions shall discuss 

mediation plans at the Fed. R. Civ. P. 26(f) meeting of the part 

and report such plans in 26(f) Report in preparation 

the entry of an initial pretrial order. Local Rule 203 b)(c) 

and (d). Cases wherein the 

pI iff pro s automatic 

selection mediation. 

(c) Exemption from Mediated Settlement Conference. [No 

change] 

[Reason for change--the mediation 

because it 1 authority ) 
APPENDIX C-23 

RULE 206 

SDMKARY JtJDGME.N'T KOTIOHS 

(a) Motice of Dispositive Motion. [No change] Cb) Piling of Dispositive • [No change] 

(C) Limitations on Length of Briefs. The page limitations - for briefs on all motions, established by Local Rule 202(d), apply ~o summary judgment briefs. Principal briefs are limited to 20 

pages. and reply briefs are limited to 10 pages. 

(.g) Porm of Briefs -- Summary Judgment Motion by Claimant. 

1+. party reql:!ostil'u) s\tilR\ary jliS.-ORt "pOR its elaim(s} sBall set Olit 

"A Ae Rlere U;aA 4 pages per elaa A party reauestinsz summary judgment on its claim shall set out a statement of the nature of ~he matter before the court. a statement of facts. and a statement 

of the questions presented as provided in Local Rule 107(a){1l-(31. 

1he party shall also set out the elements that it must prove (with 

ci tations to supporting authority), and the specific, authenticated 

facts existing in the record or set forth in accompanying 

affidavits that would be suff to support a jury finding of 

existence of those ements. 

In a responSive brief of AO Rlore tftaA 4 pages per elaim, 

the opposing party may, within 30 days after service of the summary 

judgment motion and brief set out the statements required by Local ~~~~~~~~~~~~~~~~~~ the elements that the claimant 

must prove (C to supporting authority), and either 

identify any element as to which evidence is insufficient (and 

explain why the evidence is insufficient), or point to specific, authenticated facts existing in the record or set forth 

affidavits that show a genuine issue of material fact, 

why some law (e.g., an applicable statute of 

) would defeat claim. failure to file a 

response may cause the court to find that the motion 

uncontested. 

In a reply brief of BO Rlere ~haft ; pages per elaLm, 

claimant may, within 10 days of service of the response, address 

matters newly raised in the response. 

Page li.mi~atieRs se~ :"y this Ale are oHellisivo of a 

eever page .Ad eeRellisieR ,ale for eaeft Brief. (~) POl:lD of Briefs -- S'~ary Judgaent )lotion by Defenc:ling 

Party. A party moving for lIJummary judgment upon an opposing party's claimt&t shall set out a statement of the nature of the 

patter before the court. a statement of facts. And 0 statement of 

the questions presented as provided in Local Rule 107(a)(1)-(3). 

Zhe party Ihall also let out 'R fte aere thaft 4 ,alee per alaiRI the 

elements that the claimant must prove (with citationllJ to supporting 

authority), and explain why the insufficient to lupport 

a jury verdict on an element or elements, or why some other rule of 

law would defeat the claim. 

a responsive brief of fte aere thaR 4 pa,es ,or ela~, 

the party having made the challenged claim may, within 30 days after service of the summary judgment motion and brief, file with 

the court a response that sets out the statements required by Local 
APPENDIX C-24 

Rule 107(alC1J-(31 and also sets out the elements that it must 

prove (with citations to supporting authority), and the specific, 

authenticated facts existing in the record or set forth in 

accompanying affidavits that would be sufficient to support a jury 

finding of the existence of the disputed elements. The failure to 

file a response may cause the court to find that the motion is - uncontes ted. 

In a reply brief of RO more ~AaR 2 pales per ela~, the 

-defending party may, within 10 days of service of the response, 

address matters newly raised in the response. 

Pale liJftit:a~ioRs set: ~y ~Ais rlile are eMellisive of a 

eever pale aRe eeRellisioR page for eaeA ~riof. 

(e) Summa ry Judgment Kotions and Trial Dates. [NO change) 

(+) Failure to Timely File Dispositive Kotions. [No change) 

[Reason for changes--to specifically apply the "universal" page 

limitations on briefs of 20 and 10 to summary judgment briefs; to 

require specifically the briefing format set out in Local Rule 107) 
R'CLE 208 

TRIAL PROCEDURE 

(a) Opening Statements in Civil Actions. [No 

(b) Documents, Other than Ez:.hibi ts , Used at 

counsel to or cross a 

document will not of as an exhibit, 

have at trial a copy the document for use by 

.agist:rat::e. 

APPENDIX C-25 

change] 

ifrial • When 

concerning a 

shall 

the judge-&:!' 

(C) Absence During Return of Verdict. trial, if a 

party or counsel A:M&e+. courtroom 

prior to return of verdict, it shall be conclusively 

presumed that such ~arty or counsel waived ~ presence. 

[Reason for 

neutrality) 

strate judge change; gender 
APPENDIX C-26 

RDI....E 210 

AWARD OF STATUTORY ATTORNEY' S nES 

[NO change] 

[ for no change--New Fed. R. Civ. P. S4(d}(2} requires that 

motions for attorney's fees be filed within 14 days of of 

judgment unless the court otherwise orders. This is too a 

time to allow the to attempt to an agreement, as 

our current Local Rule that lows 60 days for 

the fi ing of the motion] 
motion. 

(C) 

(d) 

APPENDIX C-27 

RULE 212 

CLASS ACTIONS 

Complaint. [No change] 

Class Action Determination. Within 90 

of a complaint in a class action, unless 

by court order, the plaintiff .hall 

a determination under Rule 23(c)(1), 

whether the case may be maintained as a c 

to oral to , the party must so inform court 

ing upon such a motion, the court may 

so maintained, may disallow and strike the I or may postponement of 

or such other prel~inary procedures as 

and necessary in the circumstances. 

held that the determination should 

fixed by the court renewal 

Action Counterclaims or Cross-Claims. [No change) 

; Notice. [No change] 

[Reason for change-- gender neutrality) 
APPENDIX C-28 

2 

XIRORS AND IRCOMPETEHTS 

(a) Capacity to Sue or . [No change] 

(b) Appointment of Guardian ad litem. 

(1) Application for the of a guardian ad. li tem to 

lIue on behalf of a minor or may be made motion 

contemporaneously a complaint. The compl may be 

when the appointment by a judge 8£ .a,is~ra~e. 

(2) {No change) 

(3) [No change) 

( c) Termination of Actions; Bearing and Approval. [No 

] 

(d) Fees. [No 

( e ) Judgments [] 

(f) Payment of Judgment. 

[ on for change--ma j title change] 
Pursuant to 

RULE 304 

PAYMENT OF FIXED SOM 

IN LIEU OF APPEARANCE 1M 

CERTAIB KISDEJD!!:.AROR CASES 

APPENDIX C-29 

court , ateral may be posted in ieu of the appearance of an offender 

for certain misdemeanors under federal statutes and regulations or 

state statutes made applicable by the Ass ative Crimes Statute 

(IS U.S.C. S 13). There 11 be maintained in the fice 

clerk a list of misdemeanors and fines applicable thereto 

which forfeiture collateral security may be posted. 

The posting lateral signifies that the defendant does 

not contest nor a Such lateral shall 

be to United States. of 

colI in I of personal appearance is not permitted for any 

listed offense denominated a "mandatory appearance" offense, for an 

aggravated or major offense, or for multiple fenses arising out 

of the same facts or of events. 

The c shall certify of any of 

collateral for a traff violation to the proper state authority. 

[Reason for change- in . R. 

old rules . P. 58) 

of misdemeanors now 
APPENDIX C-30 

RULE 305 

FAIR "l'RI.AL DIRECTIVES 

(a) Prohibited Statements; Attorney's ObligatioDS. 

(1) [No change] 

( 2 ) [ No change) 

(3) Section (a)(2) above does not preclude an attorney from ................ ing: 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

(vii) 

( ii) 

(ix) 

(x) 

The name, age, residence, occupation, and 

family status of the accused. 

Any information necessary to aid in the 

apprehension an accused or to warn the 

public of any dangers he may 'FeBeft~. 

A request for assistance in obtaining evidence. 

The identity of the victim of the 

The fact, time, and arrest, 

res , , use of weapons 

The identi ty of investigating and arresting 

officers or agenc and the length of the 

investigation. 

The nature, substance, or text of the 

Quotations or references to public ..... ,..,.",..'" 

of the court in case. 

The scheduling or result of any step in the 

judic proceedings 

That the 

(4) this do not prec an 

attorney charges of misconduct publicly made 

a nst from part ipating in the proceedings of 

legislat , or other investigative bodies. 

b) • s and Associates. An attorney must 

exerc care to prevent employees and associates 

making any extraj statement which the attorney would 

prohibited from making under 

[Reason for changes--gender neutrality) 
APPENDIX C-31 

IV. MAGISTRATE JUDGE RULES 

[Reason for change- strate judge title change] 
APPENDIX C-32 

RULE 401 

OF XAGISTRATES JUDGES 

(a) 

Duties. Designation to Conduct Trials and to Perform Other 

1 ) Hagistratee judges are authorized and designated to 

powers and authority and to perform the duties 

.numerated in 28 U.S.C. S 636(b)(1) and 

(2) Hagistratee serving designated to: 

court are 

(i) exerc civil jurisdiction to conduct any or 

all in jury or nonjury cases and 

order the entry of judgment in any case 

referred to them for that to 

28 U.S.C. S 636(c), and 

(ii) exerc jurisdiction to try persons accused 

of, and sentence persons convicted of I 

criminal misdemeanors. 

specially 

(b) Authority to Perform Additional Duties. Pursuant to 28 

U.S.C. S 636(b)(3), magistrates judges are authorized to perform 

additional functions and duties, including the fol 

( 1) Conduct pretrial conferences, 

omnibus hearings, and reI proceedings; 

2) Conduct and status calls for civil and criminal , and determine motions to or postpone the trial 

of cases; 

(3) Conduct arraignments cases not triable by the 

magistrate to the extent of taking a not. guilty plea or 

noting a ~t's ion to i or 0 cont 

and ordering a presentence report appropriate case; 

(4) Conduct voir dire and select petit juries for the court; 

(5) Accept petit jury verdicts in civil cases in the absence 

of a district judge; (6) Conduct preliminary proceedings ating to the potential revocation of probation; (7) Issue subpoenas, writs of habeas corpus ad testificandum 

or habeas ad prosequendum, or to 

obtain the presence of parties or witnesses or evidence 

court proceedings: 

(8) Order the exoneration or forfeiture of bonds; 

(9) Conduct proceedings for the collection of civil penal ties 

of not more than $200 under the Federal Boat Safety Act of 

1971, in accordance with 46 U.S.C. S 1484(d); 

(10) Conduct examinations of judgment debtors, in accordance 

with Rule 69 of the Federal Rules of Civil Procedure; 

(11) Review petitions in civil commitment proceedings under ~itle III of the Narcotic Addict Rehabilitation Act; 

(12) Conduct such hearings as are necessary or appropriate, 

and submit to a district judge proposed findings of fact and 

recommendations for disposition of applications for judgment by 

default pursuant to Rule .5.5 (b) of the Federal Rules of Civil 

Procedure, or motions to set aside judgments by default pursuant to 

Rule .55(c) of the Federal Rules of Civil Procedure; 
APPENDIX C-33 

ider an applicat by complainant to 42 

5(f)(1), and in circumstances as may deemed 

just, appoint an attorney for such complainant, and authorize the 

commencement of an action without payment of , costs, or giving 

=ecurity therefor, 

(14) Issue or warrants authorizing acts necessary in 

-the performance of the duties of administrative and regulatory 

a;encies and departments of the United States Government; - ( 15) Conduct extradition proceedings accordance with 18 

U.S.C. S 3184; 

(16) proceedings conducted pursuant to 

rogatory, in accordance with 28 U.S.C. S 1782: 

(17) Require compliance with local wi th to pro se 

itions under 42 U.S.C. S 1983; 

(18) Issue orders withdrawal from court of 

funds pursuant to 28 U.S.C. S 2042; and 

( 19) Perform any additional duty which is not inconsistent 

with Constitut and of the United States. 

[Reason for changes--magistrate judge title change] 
RULE 402 

CONSENT 'TO 

JURISDICTION 

(a) Consent to Ezercise of Civil Trial 

(1) The consent of a party to the 

-jurisdiction zed 28 U.S.C. i 

communicated to the clerk by letter, or by a 

clerk's office, 5i the or ~ 

APPENDIX C-34 

Jurisdiction. 

of civil trial 

636 ( c )( 1 ) ma y 

available 

consent of a party will be placed 

e only when the court has the case 

judge. 

( 4 ) Parties irAterveRirA§ sy pePRl:issioR after refereRee are 

aee.oa to ha~o eOrASeBtoa. 

(b) Withdrawal Consent. a case has been referred, 

consent the parties to the exercise of a magistrate.L& 

judge'S jurisdiction not be withdrawn without of 

the eOtirt 

(C) 

magistrate judge after consent of all parties is 

discretion of the court. 

[Reason for --Standing 

consent to a des magistrate j 

successful in encouraging consents; part who 

sting caselaw, affirmatively consent to the magistrate 

judge or the re must be withdrawn: motions to withdraw 

consent should be to re di judge] 
ROLE 403 

CONSENT TO DESIGNATION 

OF XAGISTRATE JOPGE 

AS A SPECIAL KASTER 

APPENDIX C-35 

(a) Consent. Upon the written consent of the parties, a 

.agistrate judge may be designated to serve as a special master in 

any civil proceeding without a showing of exceptional conditions or 

that the issues are complicated. 

(b) Reference a case to a magistrate as 

a ial master within of the court, the 

consent of the parties may not thereafter be withdrawn without 

approval of the ee~rt 

[reason changes--magistrate judge district judge must, under existing 

withdrawal of the reference). 

change; law, decide 
RULE 404 

ASS I GNMENT OF XA'l"l'ERS 

TO MAGISTRATES JJlDGES 

APPENDIX C-36 

Duties and cases may be assigned or referred to a magistrate 

1udge by a court order entered in the action or by the clerk in 

-compliance with standing orders or the instructions of a district 

judge. 

[Reasons for changes--magistrate judge title change] 
RULE 405 

OBJECTIONS; APPEALS ; 

STAYS OF ORDER 

APPENDIX C-37 

(8) Objections to x..:.:::.liIi:=::'-':' Order. Ifhe procedure 

for filing objec to an itive matter shall 

-be as set forth in Rule 72(a), Fed. R. eiv. • 

(b) Obj ections to Magistrate-t-s Judge's Recc.aendation. The 

procedure for filing objections to a recommendation on a 

dispositive or other matter shall be as set forth in Rule 72(b), 

Fed. R. eiv. P. 

(c) Appeal Prom Judgment. for appeal from 8 

judgment an tried by consent to a judge shall 

be as set forth in Rules 73 through 76, Fed. . eiv. P. 

(d) Application for Stay of llagistrate-t-s Judge's Order. 

Application for stay of a magistrate-t-s judge's order pending review 

of objections made must first be made to the magistrate 

[Reason for changes--mag judge change) 
RULE 501 

DI SBARMENT ON CONSENT WHILE UlmER 

SCIPLIKARY INVESTIGATION OR PROSECUTIOR 

(a) 

( 1 ) 

(2) 

Consent to Disbarment. [No chanqe] ~~~~~~~ consent is freely given. 

aware of pendinq 

proceedinq, 

(3) ft.e the 

misconduct, and 

(4) ft.e 

that he 

charqes 0 

attorney acknowledqes the material 

consents because fie 

not 

(b) Order of Disbarment. 

(c) Record. [NO chanqe] 

[NO chanqe] 

[Reason for chanqes--qender neutrality] 

APPENDIX c-38 

or 

facts of 

knows 

aqainst 
ROLE SOB 

REIMSTATEXEHT 

APPENDIX C-39 

( a ) Automatic Reinstatement i Reinstatement by Order. [No 

change) 

(b) Time for Petition. [No change] 

(c) Procedure. reinstatement by a disbarred or 

auspended attorney under this shall filed the court. 

Upon receipt of the petition, the chief judge shall assign the 

matter a prompt hearing fore a (or j ) of court 

and may, in ~ the chief judge's discretion, the petition to 

counsel for investigation. The judge assigned to the matter shall 

schedule a hearing at which petitioner shall have the burden 

demonstrating by clear and convincing that 

the moral qualifications, competency and learning 

required for admission to practice law before this court, and that ~ resumption of the law will not be 

and standing the or 

of justice or subversive of the public interest. In 

all proceedings upon a petition for reinstatement, crossexaminat of the witness of the attorney and the submission of 

evidence, if oppos to petition 1 be 

by if matter to by 

(d) Costs. [No change] 

(e) Order of Reinstatement. If the petitioner is 

unf i t to resume the practice law, the pet 

If the petit found to be fit to 

pract of law, judgment shall reinstate 

provided that the judgment may make reinstatement upon 

the payment of all or of the costs of the proceedings, and 

the making of or complete restitution to parties 

by petitioner whose conduct to the suspension or 

disbarment. Provided further I that if has been 

suspended or disbarred for 5 years or more, be 

conditioned, in the discretion of the judge, upon the furnishing of 

proof of competency and learning in the law, which proof may 

include certification by bar examiners of North Carolina of the 

's successful completion an examination for admission to 

ice subsequent to the date suspension or disbarment. 

(f) Successive Petitions. [No change) 

[ for neutrality] 
APPENDIX C-40 

ROLE 510 

SERVICE OP PAPERS AHD OTBER NOTICES 

of an to show cause instituting a formal 

disciplinary proceeding shall made by personal •• rvice or by 

registered or certified mail addressed to the attorney. 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 

attorney or to counsel and posted by regular 

1. 

[Reason for neutrality] 
APPENDIX C-41 

ROLE 602 

OF FOR 

(a) Autoaatic Selection by these Rules. categories 

of civil cases are automatically selected for mediated settlement 

conferences I without specific order by the court. These categories 

-include, according to designations on:the cover (1) 

contract [categories 110-140 and 160-195, specifically excluding 

150- 3], (2) tort [all categories, 310-385), (3) civil rights [all 

categories, 440-444], (4) labor [all categories, 710-791], (5) 

property [all , 820-840], (6) [category 

410], (7) banks and banking [category 430], (8) 

securit /commodities/exchange [category 850], and (9) 

environmental matters [category 893]. The parties to these actions 

shall discuss mediation plans at the Fed. R. . P. 26(f) meeting 

parties report plans Rule 26(f) Report in 

preparation the entry an initial pretrial See Local 

Rule 203(b)(c) and (d). Cases wherein the United States is a party 

2.!: the plaintiff ~ are not included within this 

(b) 

(C) 

(d) 

selection mediation. 

Discretionary Selection by the Court. [No change] 

[No change) 

change) 

Stipulated Selection by the 

from Mediation. [ 

Reason for change--the United States is exempted from mediation 

au e it may 1 authority to pay mediator fees] 
APPENDIX D 

CJRA Annual Report and Statistics (Jan. II, 1995) 

27 
APPENDIX D-l 

UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF NORTH CAROUNA 

To: Judges and 

..... "'I'B'I: J.P. 

Clerk's Office 

Greensboro, North Carolina 

te Judges 

Da te: January 17, 1995 

Subject: CY 94 

I have 

statistics 

an--December 

statistics are 

--except I 

sentence, 

Terminat 

over CY 93. The 

calendar 

cases fil 

stics 

you a 

twelve months 

19 to November 30, 19 

ones normally provided 

added the number 

number (120 l 

civil cases 

number of pending civil 

94 despite a 2.99% 

certain raw 

of our 

attached 

the entire 

defendants 

seems significant 

by 12.05% in CY 

cases declined 

in the 

Civil prisoner 

92, increased aga 

cases opened and 

Employment 

cases (which is 

cases, which by 53 in CY 93 over CY 

CY 94 by 27 cases or 12%. Seven of 

the same 

or 10 

Sixty-six or 13.44% 

in CY 94 

defendants were 

some doubt about 

sentence or the 

terminated--

I 

sentence. 

now al 

period that a 

than 

120 defendants 

fendants were 

cases were 

defendants 

of 

which 

Criminal 

presentence 

case remains open. 

cases increased by 10.07% during the periods 

the 

--3. 

cases only 

to CY 

more 

In 

to 
APPENDIX D-2 

MIDDLE DISTRICT OF NORTH CAROUNA 

CIVIL CASES COMMENCED AND TERMINATED 

BY CALENDAR YEAR, AND PENDING AT THE 

CLOSE OF YEAR 1994 

TOTAL CIVIL CASES 

PENDING 

CALENDAR YEAR COMMENCED TERMINATED DEC. 31 

80 726 (295 govt) 782 (311 govt) 769 

81 940 (520 govt) 846 (337 govt) 863 

82 1348 (934 govt) 1360 (935 govt) 851 

83 1391 (933 govt) 1245 (800 govt) 997 

84 1261 (781 govt) 1426 (926 govt) 832 

85 1429 (904 govt) 1506 (926 govt) 755 

86 1015 (449 govt) 1171 (597 govt) 599 

87 945 (373 govt) 843 (316 govt) 701 

88 1248 (421 govt) 1148 (456 govt) 801 

89 835 (323 govt) 9n (347 govt) 659 

90 661 (243 govt) 723 (274 govt) 597 

91 659 (233 govt) 624 (186 govt) 631 

92 801 (345 govt) 670 (241 govt) 762 

93 769 (262 govt) 730 (272 govt) 801 

94 792 (259 govt) 818 (256 govt) n5 

INCREASE 2.99% 12.05% -3.25% 

DECREASE 

94v93 
CIVIL CASES-COMMENCED, TERMINATED 

& PENDING-CLOSE OF CY 1994, USDC,MDNC 

APPENDIX D-3 

4000---------------------------------------, 

3500 J,.f, .... ,,,,,,,,,,,,.,, ... ,, ..•..••••••••••• . .................................................................. , .............. , ...... ,' .................. ,"', .... ········1 

2000 J,.f .. , .... ",." .. 

1500 

1000 

500.-U· ...... ······· 

0+'=== 

80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 

Years 

_ Commenced Terminated ~ Pending-Dec. 31 
en 

"'C 

Q,) 

~ 

"'C 

c: 

:J 

:::I: 

4000 

3500 

3000 

2500 

2000 

1500 

1000 

500 

0 

CIVIL CASES-COMMENCED, TERMINATED 

& PENDING-CLOSE OF CY 1994, USDC,MDNC 

APPENDIX D-4 

~''''''''' '''''''' '''''''''''''' ''''''''''''''''''''''''' ''' '' '''''''''''' '''' '''''''''''''' '' "" .. " .... """",," .. ,, .................... ,," .............. ,, ............... . 

" 

85 86 87 88 89 90 91 92 93 94 

Years 

_ Commenced I<, J Terminated ~ Pending-Dec. 31 
CIVIL CASES-COMMENCED, TERMINATED 

PENDING-CLOSE OF CY 1994, USDC,MDNC 

APPENDIX D-5 

1600~---------------------------------------~ 

1400 .......... . ....................................................................................................................................................................................... . 

1200 .................................................................................................................................................................................................. . 

1000 ............. . ............................................................................................................................... . 

800 ......... " .... . 

600· .... · .... · .. · 

400 

200 ..... "" .... "··,, .... 

0-1---

. . 

"".~ .~~& , •• ~ •••• u 

85 86 87 88 89 90 91 92 93 94 

Years 

Cornmenced 1<1 Terminated ~ Pending-Dec. 
APPENDIX D-6 

MIDDLE DISTRICT OF NORTH CAROUNA 

CRIMINAL CASES COMMENCED AND TERMINATED 

BY CALENDAR YEAR AND PENDING AT THE 

CLOSE OF YEAR 1994 

TOTAL CRIMINAL CASES 

CALENDAR YEAR COMMENCED TERMINATED DEC. 31 

80 153 162 40 

81 151 151 40 

82 213 180 73 

83 228 226 75 

84 219 211 93 

85 260 235 108 

86 229 248 89 

87 291 217 163 

88 190 222 131 

89 298 244 185 

90 294 316 163 

91 278 245 196 

92 317 314 199 

93 268 276 191 

94* 295 295 191 

INCREASE! 10.07% 6.88% 0.00% 

DECREASE 

94v93 

• 444 Defendants Commenced 

• 425 Defendants Terminated 

• 267 Defendants Pending 
700 

600 

500 

CIJ 

"C 400 CD 

I-

"C 

c: 

::I 300 

:c 

200 

100 

0 

APPENDIX D-7 

CASES COMMENCED, TERMINATED 

CLOSE OF CY YEAR 1994, MDNC 

Years 
rn 

APPENDIX D-8 

CRIMINAL CASES COMMENCED, TERMINATED 

& PENDING-CLOSE OF CY YEAR 1994, MDNC 

350~--------------------------------------~ 

300-·················································· .......................................................................................................................................................... . 

250-·················· ................... : .............................................................................. ............... .............. . 

~ 200-···· .... · .... ····· 

"'C 

§ 150- .. ............... . ::I: 

100- ······ .. ·· .... ··· . ............ . 

50- · ............ ····· ............ . ........... . 

O+---~I~I~I~I~I~~~T~T~~~~~~~~~--~ 

85 86 87 88 89 90 91 92 93 94* 

Years 

_ Commenced I 'j Terminated ~ Pending Dec. 31 
1986 

1987 

1988 

1989 

1990 

1991 

1992 

1993 

1994 

INCREASE! 

94v93 

MIDDLE DISTRICT NORTH CAROLINA 

341 

418 

305 

482 

510 

480 

509 

429 

444 

3.50% 

CRIMINAL DEFENDANTS 

CALENDAR YEAR 

CLOSE OF YEAR 1994 

334 

330 

324 

386 

536 

454 

494 

491 

425 

-13.44% 

APPENDIX D-9 

129 

218 

199 

269 

295 

310 

248 

267 

7.66% 
CJ) 

"'C 

Q.) 

CRIMINAL DEFENDANTS-CALENDAR YEAR 

CLOSE OF YEAR 1994 

APPENDIX D-IO 

600~--------------------------------------~ 

500-·················································· .......................................................................................................................................................... . 

400-·················································· ...................................................... . 

~ "'C 300- ................. . . ............................................................ . 

c: 

:::J 

J: 

200-·················· ............... -............ ............ . .......... . i 

100-·················· 

O+---~~I~I~I~-~II~I~I~I~I~~~~~T-~--~ 

1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 

Years 

1_ Commenced k>:I Terminated _Pending